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Home My WebLink AboutAgenda Council Agenda 110305 City of Palm Beach Gardens Council Agenda November 3, 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 November 3, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ITEMS CONTINUED FROM OCTOBER 6th MEETING PUBLIC HEARINGS: Part I – Quasi-judicial: a. (Staff Report on Page 6, Ordinance on Page 147, Resolution on Page 152) 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 6, Ordinance on Page 167, Resolution on Page 172) 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. IV. ADDITIONS, DELETIONS, MODIFICATIONS: V ANNOUNCEMENTS / PRESENTATIONS: VI. ITEMS OF RESIDENT INTEREST: VII. CITY MANAGER REPORT: a. Department Presentations: Civil Engineer – Canal Improvements VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Page 181) Approve Minutes from the September 29, 2005 regular City Council meeting. b. (Page 191) Approve Minutes from the October 6, 2005 regular City Council meeting. c. (Staff Report on Page 198, Resolution on Page 218) Resolution 165, 2005 - Nutrition S’Mart – Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event permit for Nutrition S’Mart, located on the Northeast corner of the Intersection of Keating Drive and Northlake Boulevard, as more particularly described herein; and providing an effective date. d. (Page 221) Proclamation – National GIS Day e. (Page 222) Proclamation – World Planning Day X. PUBLIC HEARINGS: Part I – Quasi-judicial: Part II – Non-Quasi-judicial: XI. RESOLUTIONS: a. (Staff Report on Page 223, Resolution on Page 225) Resolution 113, 2005 - Agreement for Professional Engineering and Surveying Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for Professional Engineering Services between the City of Palm Beach Gardens and LBFH, Inc.; approving work authorization CS-0001 for City Engineer Services for FY 05-06; and providing an effective Date. XII. ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 262) Charter Review Committee. b. (Page 263) Discussion of Ordinance 17, 2004 relating to Boards and Committees, Council Liaisons, Appointments and Re-appointments. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. TO: Mayor and Council THRU: FROM: Ronald M. Ferris, City Managef Charles K. Wu, Growth Management Administrator DATE: October 26,2005 SUBJECT: Changes to Christ Fellowship Development Plans for November 3, 2005, City Council meeting At its October 6, 2005, meeting, the City Couiicil held a public hearing (the “Public Hearing”) to review the proposed expansion of the Christ Fellowship North Campus. During the Public Hearing, the applicant offered to reduce the square footage of the proposed expansion by approximately 20%, or 31,000 square feet. The Council directed the Applicant to submit revised development plans that include such a reduction and continued the Public Hearing to November 3, 2005. Revised development plans were submitted to the Growth Management Department on October 21 , 2005. Attorneys for the Hunt Club and Northilake Neighborhood Coalition, Inc. have been notified of the submittal of the revised plains. The revised plans have also been posted on the City’s website. The purpose of this memorandum is to (1) outline the changes to the development plans made by the applicant since the Public Hearing; and (2) present staffs proposed changes to the conditions of approval presented at the Public Hearing in order to address concerns raised by the City Council and new issues that have arisen. Attached to this memorandum are (1) the agenda item for the subject petition as was presented to the City Council at the Public Hearing; and (2) the revised development plans. Modifications to development plans The Applicant is proposing the following changes to the development plans previously reviewed by the City Council: e3 The net square footage of the proposed expansion to the North Campus has been reduced by 31,472 square feet, from 159,180 square feet to 127,708 square feet. This amounts to a reduction of 19.8% from the square footage previously proposed. Mayor and Council October 26,2005 Page 2 of 5 I *$. The previously proposed 41,675 square foot Family Life Building (Phase 3 on the previously proposed plan) that included the indoor gymnasium has been removed from the plan. The previously proposed Phase 2 Building has been increased by 5,703 square feet, and an (additional 4,500 square foot foyer has been added between existing buildings A and B. In its previously proposed location, the applicant is proposing (1) an1 outdoor garden enclosed on all sides by a six-foot wall; (2) a courtyard and entry area into the Youth Department from the east, which is screened from the residents to the north by a decorative masonry wall and heavy landscaping; and (3) a new plaza and drop-off area adjacent to the southeast corner of the new Phase 2 building. *:* The architecture of the Phase 2 building was modified due to the removal of the Phase 3 building and the redesign of the new entry into Phase 2 from the east. The proposed architecture continues the modern theme previously proposed for the north and south elevation of the building. Staff is satisfied with the proposed architecture. *:* The distance between the Phase 2 building and the existing Sanctuary (Building “C”) has increased from approximately 30 feet to approximately 57 feet in order to reduce the visual mass of the buildings. Hardscaped plazas and additional landscaping have been provided in this area. 6 Additional hardscaping has been added tcl the south side of the Phase 2 building. 9 A small parking area immediately southeast of the Phase 2 building has been reconfig u red. *:* The Youth Department area of the Phase 2 building has been reconfigured. *:* The existing wooden fence surrounding thle play area on the west side of existing Building B has been replaced with a five (!5) foot-high masonry wall. *:* The number of parking spaces proposed has been reduced by 18, from 1,884 to 1,866. (Note: The number of parking spaces proposed is beyond that permitted by the City’s LDRs. This is discussed in the following section of this memorandum.) 2 Mayor and Council October 26,2005 Page 3 of 5 Additional Waiver Section 78-345(d)(I) of the City’s LDRs, entitled Increase of parking spaces allowed, allows an increase in the amount of parking spaces provided on a site not to exceed ten percent (10%) of that required for the site. The reduction in square footage of the proposed expansion from 159,180 square feel to 127,708 square feet results in a parking requirement of 1,659 spaces. Under the previous proposal, the required parking for the entire site was 1,845. The Applicant would be permitted to provide up to 1,825 parking spaces on site without having to request a waiver. The Applicant is proposing 1,866 spaces, 41 more than permitted by the LDRs, and 207 more than required by the LDRs. The Applicant has stated that the additional parking is needed to serve the members of the Church. Due to the fact that 58% of the parking provided is grassed parking (1,088 spaces), and the fact that the applicant has met the criteria established in LDR Section 78-345(d)(4), entitled Standards for additional parking spaces, staff recommends APPROVAL of the waiver request. Proposed Modifications to the Conditions of Approval Presented on October 6. 2005 Note: The existing language (not underlined or ) below represents the conditions of approval as presented to the Couricil at the Public Hearing. Changes to the conditions presented at the Public Hearing currently proposed by staff are underlined and -. Resolution 83,2005: Condition #7: Prior to the issuance of the Certificate of Completion for the new parking areas on the east 20 acres, the right-turn lane on Northlake Boulevard onto Hunt Club Drive shall be installed and completed. In the event that construction of the turn lane is delaved due to permitting or other qood cause, the Growth Manaqement Administrator may qrant an extension provided a qood faith effort to satisfv the condition has been documented bv the Applicant. (City Engineer) Condition #26: The Applicant, successors, or assigns shall be responsible for payment to the City of their annual fair share of the maintenance of the Northlake Boulevard medians and north road shoulder extending from the eastern terminus of the property to Hunt Club Drive. (City Forester) 3 Mayor and Council October 26,2005 Page 4 of 5 I Condition #33: Prior to the issuance of the dlearinq permit for the East 20 Acres -, the petitioner shall erect a six (6) foot wall along the entire north property line of the site. (Planning & Zoniing) [Note: This condition is consistent with the terms of the agreement between the Church and the Hunt Club HOA.] .. Conditions #MI and 53 combined: 41. To mitiqate the traffic impacts of the Church proiect on adiacent roads and neighborhoods, the Citv has determined that it is necessary to ensure that services are not conducted concurrentlv on the North and South Campuses. Therefore, concurrent live services on both the North and South Campuses are prohibited. Additionallv, concurrent broadcasts or webcasts of presentations, programs, or sermons conducted in the sanctuary, whether live, taped, or delaved, to anv other location outside the sanctuary within the Citv or to anv parcel owned bv the Church located within unincorporated Palm Beach County adiacent to the North Campus shall be prohibited. This condition shall not be construed to prohibit the broadcast or webcast of such services to other remote locations or to individual personal computers or other electronic devices. (Planning & Zoning, Code Enforcement) New Condition (Landscaping): Prior to the issuance of the clearinq permit for the East 20 Acres, the Applicant shall submit revised landscape plans reflectins (1 1 a minimum of 75% of the shrub species on site shall be selected from the Citv’s Preferred Species List; (2) the minimum heiqht of all canopv trees installed from the front face of the buildings to the property line alonq Northlake Boulevard shall be 16 feet; and (3) foundation landscaping shall be installed alonq the outside of all internal walls and new structures meetinq Citv Code requirements. (City Forester) 4 Mayor and Council October 26,2005 Page 5 of 5 Resolution 84,2005: Condition #11: j-r\f, 0: semens 11. To mitiqate the traffic impacts of the Church proiect on adiacent roads and neiqhborhoods, the City has determined that it is necessarv to ensure that services are not conducted concurrently on the North and South Campuses. Therefore, concurrent live services on both the North and South Campuses are prohibited. Additionally, concurrent broadcasts or webcasts of presentations, programs, or sermons conducted in the sanctuarv, whether live, taped, or delaved, to any other location outside the sanctuarv within the City or to any parcel owned by the Church located within unincorporated Palm Beach County adjacent to the North Campus shall be prohibited. This condition shall not be construed to prohilbit the broadcast or webcast of such services to other remote locations or to individual personal computers or other electronic devices. (Planninq 81 Zoning, Code Enlorcement) Aareement between the Church and the Hunt Club HOA At the Public Hearing, it was suggested that the City adopt the signed agreement between the Church and the Hunt Club HOA by reference as part of the development order for the proposed expansion. Staff has reviewed the terms of the agreement in detail and strongly recommends that it not be adopted along with the development order. Staff Recommendation Staff has reviewed the proposed changes to the development plans and has no additional issues or concerns so long as the proposed conditions of approval are addressed in a timely manner. Staff recommends APPROVAL of the additional waiver and the changes to the development plans as presented by the Applicant. Revised Resolutions 83, 2005 and 84, 2005 incorporating the modified conditions will be distributed under separate cover. Attachments: Proposed Development Plans Christ Fellowship City Council Agenda Item as Presented on October 6, 2005 C. Christine P. Tatum, City Attorney Patricia Snider, City Clerk Michael J. Sanchez, Planning Manager 5 j I ! i j I CHRIST FELLOWSHIP NORTH CAMPUS EXPANSION 5343 NORTHLAKE BOULEVARD PALM BFACH CARUENS. kLX)RIDA , I- I ............. ........................ ................. ; .... .............. ......................... 1- ....................... ....................... ~ II z F C H R I S T F ELL 0 W S HIP NORTH CAMPUS EXPANSION ! 5343 NORTHLAKE BOULEVARD PALM BEACH GARDENS. FWRIDA ! I II I H CONCEPTUAL C H R I S T F ELL 01 W S H I P NORTH CAMPUS EXPANSION B 5143 NORTHLAKE BOULEVARD PALM BEACH GARDENS FLQRIDA 'I f b 8 II K F I CONCEPTUAL CHRIST FELLOWSHIP NORTH CAMPUS EXPANSION 5343 NORTHLAKE BOULEVARD PALM BEACH GARDENS. FWRIDA I I1 II CONCEPTUAL CHRIST FELLOWSHIP NORTH CAMPUS EXPANSION S341 NORTHLAKE BOULEVARD PALM BEACH GARDENS. FLORIDA r II CONCEPTUAL I I I I I I C H R I S T F ELL 0 W S HIP NORTH CAMPUS EXPANSION 5343 NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA 6 CHRIST FELLOWSHIP SOVM CAMPUS NORTH CAMPUS EXPANSION CHRIST FELLOWSHIP SI43 NORTHLAKE BOULEVARD PALM BEACH GARDPNS. rUlRIDA I *, h ' +. * * Landscape Specifications & Planting Details s 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. - \. 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 ! 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* a- B*=h Po?!- _____ - f I ! ! I 1 I I I j ! I I I I I ! I I I i , I I I I i 1 I I i ! I i I I 1 I J * 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 ! I ! I I I I i I I I I I I I I I j 1 1 I I j 1 ! ! ! ! i i i ! I I I I ! i I I 1 i I I I ! ! i I I ! I I I I amendment to Ordinance 30, 1990 to amend the conditional use to allow a temporary increase in the maximum occupancy to 768 seats. This amendment shall be valid only until the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1, 2000, whichever occurs first. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to Ordinance 30, 1990 to amend the conditional use to allow a permanent increase in the maximum occupancy to 576 seats. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2,2000, whichever occurs first. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida approves an amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth center.This amendment shall take effect immediately upon adoption. SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or by January 2,2000, whichever occurs first, the minimum parking requirement on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one hundred and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner affirming that the seating has been reduced to 576 or less. (Development Compliance Officer) 2. Simultaneous broadcasts of presentations, programs or 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 ! ! I I I I I I YOLJNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. i I I I CITY ATTORNEY V~TE: AYE NAY ABSENT / -- MAYOR RUSSO / VICE MAYOR FURTADO -- COUNCILMAN SABATELLO -- COUNCILMAN JABLIN -- COUNCILMAN CLARK -- w - w 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. 1 I I 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 -- / 1 -- -- cl -- 8 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 CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 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, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfli.com MEMORANDUM TO: Michael 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, SURWYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com TO: Michael Sanchez FROM: Judy A. T. Dye DATE: July 30,2004 FILE NO. 03-4299 SUBJECT: Christ Fellowship Church Traffic Impact Analysis The City’s traffic consultant, MTP Group, Inc, have completed their review of the revised Trip Impact Analysis dated July 2004 prepared by Kimley-Horn and Associates, Inc. for conformance with the Palm Beach Gardens Traffic Performance Standards for the above referenced project. The site currently includes 85,200 square feet of development on the north campus and 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, SURVEYORS &MAPPERS CML AGRICULTURAL WATE?R RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS ‘Tartners For Results Value By Design” 3550 S 8.W. c Palm 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 I :I I j i j j j j j j j j i j j j j j j j i .j j j j j j j *I i i ! I . c 4 - C ..-- A - y< m- ro L; 0 j j j j j j j j j j j j j j i i .j j j j j j j j I I ro 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 BOOSE CASEY ClKLlN LUB~ MARTENS MCBANE & O’CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS JOSEPH L. ACKERMAN, P.A. LINDA DICKHAUS AGNANT, P.A. BRUCE 0. ALEXANDER, P.A. JERALD 5. BEER, P.A. WILLIAM R. BOOSE, 111, P.A. JOHN D. BOYKIN, P.A. JESSICA M. CALLOW PATRICK J. CASEY, P.A. RICHARD R. CHAVES, P.A. PATRICIA M. CHRISTIANSEN, P.A. ALAN J. CIKLIN, P.A. ROBERT L. CRANE, P.A. RONALD E. CRESCENZO, P.A. KENT 8. FRAZER JEFFREY M. GARBER JASON 5. HASELKORN, P.A. VIA FAX 799-4281 and U.S. Mail CHRISTINE M. HOKE RICHARD A. JAROLEM BRIAN 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 Powerful Parental Controls Let your child discover the best the Internet has to offer. http://join.msn.com/?pgmarket=en-ca&page= byoa/prem&xAPID= 1994&DI= 1034 &SU=http://hotmail.com/enca&HL=Market_MSNIS-Taglines Start enjoying all the benefits of MSN@ Premium right now and get the first two months FREE*. 1 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. http://join.msn.com/?pgmarket=en-ca&page= byoa/premWPID= 1994&DI= 1034 &SU = http://hotmail.com/enca&HL= Market-MSNIS-tag lines Start enjoying all the benefits of MSN@ Premium right now and get the first two months FREE*. 1 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!? Tired of spam? Yahoo! Mail has the best spam protection around http ://mail. yahoo.com 5/24/2005 Michael Sanchez From: Henk Horn [horn@yoursecurityconnection.com] Sent: Saturday, May 21, 2005 4:20 PM To: Joseph Russo Cc: David Levy; Michael Sanchez; Charles Wu; Eric Jablin; I:'; Hal Valeche I am a member and/or regular attender of Christ Fellowship I believe in what Christ Fellowship is doing and know that the church is making a positive impact in our community It is my desire that the city council support Christ Fellowship's plan to develop land on their current property. Palm Beach Gardens City Council Members & City Staff Henk Horn Your Security Connection - E6A- 154 & Custom &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 2 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. Click here to protect pur inbox from Spam. -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.11.8 - Release Date: 5/10/2005 5/10/2005 Michael Sanchez From: Sent: To: Subject: Sheryl Stewart Tuesday, May 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 r I r 1 e i I C, 'I m r 1 P i - . ,- **" PPP Pi: 1 6 /I i I NORni cAupos EXPANStON CHRIST FELLOWSHIP S343-BoDIIRrMD PAwI~aARDBNsMNDA L r 1 I I I 8 I I I I I I I 8 I I I I m a I I I I II I I I K I I I I I I I I I I I I I rn I I I I I I I i n a Y I I L 71 r 0 0 a ; fB Z 1 i. NORTH CAMPUS EXPANSION CHRIST FELLOWSHIP - 5341 NOKTMLAKE BOULlVARD PALM BBACU OARDENS. FLORIDA 1 [: s ?Z io 'II 1 r 7J 0 0 -fl 'II r P z n I i/ NORTH CAMPUS EXPANSION f CHRIST FELLOWSHIP J 5141 NORTIUAK6 BOlJLEVllRD VALM BBACll OARDENS. 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P pp rn /r ,- --- L!J I, I b t -- I u W If: !oo I I1 ! d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 18. 2005 WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 20, 1997 is amended to read: The 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 -and- “EAST 20 ACRES” THE NORTH 691.11 FEET LESS THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTH 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 3 -~ Date Prepared: June 1,2005 Ordinance 18, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 18,2005 NORTH 88O25’09” WEST ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH 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) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 83,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE CHRIST FELLOWSHIP NORTH CAMPUS PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCORPORATE AN ADDITIONAL 20 ACRES AND TO EXPANSION TO THE NORTH CAMPUS; GRANTING CONDITIONAL USE APPROVAL FOR THE EXPANDED CHRIST FELLOWSHIP CAMPUS; AMENDING CERTAIN CONDITIONS OF APPROVAL FOR THE NORTH CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. ALLOW THE DEVELOPMENT OF A 159,180-SQUARE-FOOT WHEREAS, on November 20, 1997, the City Council adopted Ordinance 20, 1997, thereby approving the Christ Fellowship North Campus Planned Unit Development (PUD) and the master development plan for said PUD; and WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999 amending Ordinance 20, 1997 to allow for changes to the elevations and floor plans for the aforesaid PUD; and WHEREAS, the City has received a request (Petitions PUD-01-03 & PUD 03-01) from Mr. Doug Rhudy of Palm Beach Gardens Christ Fellowship, Inc. for approval of: (1) an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD) to allow the incorporation of 20 acres of land lying immediately east of the existing North Campus into the PUD to facilitate the development of a 159,180-square- foot expansion to the North Campus; (2) a conditional use for the expanded Christ Fellowship Campus; and (3) the deletion of certain conditions of approval for the North Campus, generally located on the north side of Northlake Boulevard approximately one (1) mile west of Military Trail, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Land Development Regulations and Comprehensive Plan, and has recommended approval; and WHEREAS, by adoption of Ordinance 18, 2005, the City Council determined that the site plan approvals and related conditions for the Christ Fellowship North Campus PUD contained in Ordinance 20, 1997 and Ordinance 23, 1999 shall be transferred to this Resolution; and 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83, 2005 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, 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CONTAINING 19.28 ACRES, MORE OR LESS. TOTAL LAND COMBINED CONTAINING 39.28 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five (5) waivers: 1. 2. 3. 4. 5. Section 78-315(b) of the City’s LDRs, entitled Landscape islands, to allow for more than nine (9) parking spaces in a row without the inclusion of a landscape island. Section 78-414 of the City’s LDRs, entitled Number of spaces required (bicycle parking), to allow for 48 bicycle parking spaces. Section 78-141 of the City’s LDRs, entitled Residential zoning district regulations, to allow for a building height of 38 feet, 10 inches. Section 78-1 59(j)(49) of the City’s LDRs, entitled Additional standards, to allow for 1,086 grassed parking spaces (59% of required parking). Section 78-344 (1)(1) of the City’s LDRs, entitled Minimum dimensions (of off-street parking), to allow for 777 parking spaces at 9.5 feet in width. SECTION 4. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Traffic 1. The four (4) traffic lanes located at the western portion of the site which provide access to/from Northlake Boulevard shall be utilized as follows: 4 Date Prepared: June 1,2005 Resolution 83, 2005 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Police 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) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83, 2005 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 .. .. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83,2005 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) 9 Date Prepared: June 1,2005 Resolution 83,2005 As Amended September 22,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Planning and Zoninq 32. The number of fixed andlor moveable seats within the sanctuary shall at no time exceed 1,750. (Code Enforcement) 33. 34. 35. 36. 37, 38. 39. 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) 10 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 11 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 .”. 12 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- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 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. 13 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 83,2005 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) 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1, 2005 Resolution 83,2005 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 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 ORDINANCE 19,2005 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Ordinance 19, 2005 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 30, 1990 is amended to read: The zoninq of the 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. 2 Date Prepared: June 1,2005 Ordinance 19,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 3 Date Prepared: June 1,2005 Ordinance 19, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LAKE PARK WEST ROAD, AS NOW LAID OUT AND IN USE; THENCE WEST THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE WEST ALONG SAID THENCE SOUTH A DISTANCE OF 500.00 FEET TO A POINT; THENCE EAST A DISTANCE OF 156.48 FEET TO A POINT OF CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17”27’27”, A DISTANCE OF 152.35 FEET TO A POINT; THENCE NORTHERN A DISTANCE OF 476.97 FEET TO THE POINT OF BEGINNING. ALONG SAID SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 1607.00 FEET TO SOUTHERN RIGHT-OF-WAY LINE A DISTANCE OF 306.48 FEET TO A POINT; TOGETHER WITH: A PARCEL OF LAND LYING AND BEING IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SECTION 23; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 23 ON AN ASSUMED BEARING OF SOUTH 0’01’53” WEST A DISTANCE OF 107.45 FEET TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE BEARING EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 737.96 FEET TO A POINT 1913.48 FEET WESTERLY OF THE EAST THENCE SOUTH A DISTANCE OF 500.00 FEET TO THE NORTH LINE OF THE 1855, PAGE 1378, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 50.00 FEET TO THE CENTERLINE OF CANAL NO. 1; THENCE WEST, ALONG SAID CENTERLINE, A DISTANCE OF 150.00 FEET TO A LINE OF SAID SECTION 23 (AS MEASURED ALONG SAID RIGHT-OF-WAY LINE); RIGHT-OF-WAY FOR CANAL NO. 1 AS RECORDED IN OFFICIAL RECORD BOOK POINT; THENCE NORTH 50.00 FEET TO SAID NORTH RIGHT-OF-WAY OF CANAL NO. 1; THENCE EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5.413 ACRES, MORE OR LESS. SECTION 3. Sections 4 and 5, inclusive, of Ordinance 34, 1999 and Sections 1 and 2, inclusive, of Ordinance 51, 1999 are hereby transferred to Resolution 84, 2005. Any future amendments to the Conditional Use, site plan, and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. 4 Date Prepared: June 1,2005 Ordinance 19,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney FOR G:\attorney-share\ORDINANCES\christ fellowship south campus - ord 19 2005.doc AGAINST ABSENT d 5 Date Prepared: June 1,2005 As Amended September 22,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 ~ 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 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 2 Date Prepared: June 1,2005 Resolution 84,2005 As Amended September 22,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 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 5 Date Prepared: June 1,2005 Resolution 84, 2005 As Amended September 22,2005 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. Lighting along the westerly property line shall be permitted at a maximum of 20’, shielded from the adjacent properties. The City reserves the right to require the petitioner to remove lighting along the westerly property line within thirty (30) days upon written notification. (Planning & Zoning) IO. Immediately upon the issuance of the certificate of occupancy for the new sanctuary for Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997, as amended) or by April 1, 2000, whichever occurs first, the minimum parking requirement on this site shall be calculated at a rate of one (1) space per three (3) seats in the sanctuary. At that time, one hundred ninety-two (192) of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner affirming that the seating has been reduced to 576 or less. (Development Compliance Officer) 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 6 Date Prepared: June 1,2005 Resolution 84, 2005 As Amended September 22,2005 1 2 3 4 b) Complete all non-landscape site improvements and changes. c) Remove the modular units from the property. SATISFIED SAT1 S F I ED 5 6 7 8 9 10 11 12 13 14 15 16 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 17 18 19 landscape plans. (City Forester) 20 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. 26 27 28 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 29 30 Zoninq) 31 32 33 plans on file with the City’s Growth Management Department: 34 35 I. Development Application stamped November IO, 1999. 36 37 38 Sheet SP 1.0. 39 40 August 5, 1999, Future Phase 2 Site Plan (date stamped October 28, 1999), 41 Glenn Pate & Associates, Sheet SP 1 .O. 42 43 4. June 16, 1999, Existing (as-built) Landscape Plan, Glenn Pate & 44 Associates, Sheet L-I . 45 46 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. 7 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. 6 7 8 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. 9 10 8. August 5, 1999, Future Phase 2 Photometric Site Plan, 11 12 13 SECTION 5. All future amendments to the Christ Fellowship Soul 14 be approved by Resolution. 15 Associates, Sheet ESP 1 .O. Glenn Pate & I Campus shall 16 17 18 19 20 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. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 1,2005 Resolution 84,2005 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 --- G:\attorney-share\RESOLUTlONS\christ fellowship south campus - reso 84 2005-as amended.doc 9 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 29, 2005 The September 29, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. ADDITIONS, DELETIONS, MODIFICATIONS: Councilmember Barnett indicated she had a problem with the item of appointing people to boards being on tonight’s agenda. Based on prior discussions, she requested postponement to the next City Council/Manager meeting so they can discuss whether to have Council liaisons, how to go through the candidates, and how many people to have on the boards. Following discussion, consensus was to keep this item on the agenda. ITEMS OF RESIDENT INTEREST: Councilmember Barnett indicated her idea for affordable housing in new development was to consider 10% of the units at 10% under the offering price, holding mortgages at half the national average for City employees, Fire, Police, and teachers who worked in Palm Beach Gardens, possibly done by a lottery. She stated she would like staff to look into this. Mayor Russo reported Commissioner Marcus had asked members of the affordable housing task force to find out if their Councils were in support of inclusionary zoning. Mayor Russo reported from discussions with John Bills and Dan Catafumo, they would both be interested in adding workforce housing, limited to apartments, and they could not do anything with them for 50 years, assuring affordable housing for 50 years. Senior Planner Kara Irwin made a presentation on affordable housing. Mayor Russo requested Council members speak with staff to understand the different creative techniques for affordable housing and discuss it at the next meeting. Councilmember Levy reported attending the Loxahatchee River Management Coordinating Council meeting which had voted to support a resolution stating that the Palmar District would not do anything that would adversely affect the river. Councilmember Levy expressed his opinion that the Palmar Water Control District Board would be dissolved, and recommended the City Council take no action as they were not directly affected. Councilmember Valeche introduced Gus Constantine, who was going to speak during public comment. Mr. Constantine lived in the Lake Catherine development and he and all his neighbors were paying $400 a year higher insurance premiums as their zip code was 33403, Lake Park, even though they lived totally within the City of Palm Beach Gardens. This complaint had been lodged with the Department of Insurance, and hopefully it would get changed by Nationwide Insurance. Mayor Russo introduced the City’s lobbyist, and reported he had gone to Washington and hoped to get some money to help the City since FEMA had not reimbursed for rubbish removal after the hurricanes, and bills were being introduced to change that. Mayor Russo reported the City had been working on a plan to place some individuals displaced by Hurricane Katrina into the hospitality industry. Mayor Russo reported John Bills had requested the City abandon the art impact fees and donate that to Hurricane Katrina victims. Vice Mayor Jablin indicated he was reluctant to set such a precedent. Consensus of Council was not to use impact fees for this purpose. Mayor Russo CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 2 reported a resident of Plat 4, Mr. Sutter, had brought the Mayor his deed restriction which almost mirrored the proposed ordinance on maintenance of houses, and asked that other plats be researched to see if they also had those same deed restrictions. Mayor Russo reported he had attended parades this week, welcomed the new Rabbi at Temple Beth David, and that there would be a groundbreaking Sunday on Rev. Ray’s new church. CITY MANAGER REPORT: City Manager Ferris reported an update on removal of trees at the Borland property. City Forester Mark Hendrickson reported he had inspected the site twice this week and found there were no violations, and advised that the trees removed were going to be replaced. PUBLIC COMMENTS: Gus Constantine, Lake Catherine, thanked Councilmember Valeche for his efforts to resolve the insurance problem, and asked the Council for help and support. Councilmember Valeche reported there were 50 business days from September 13 for Nationwide to respond. Vito DeFrancesco, Shady Lakes, stated he had reported signs along PGA Boulevard to code enforcement, had asked his name not to be used but got a call from Officer Perry Davis, and complained that his name had been used after he asked that it not be. Mr. DeFrancesco thanked the Mayor for going to the site and reported all the signs were removed the next day. Eileen Tucker, Shady Lakes, reported she had called Commissioner Marcus for synchronization of the lights on PGA Boulevard which was going to be done in a month, and expressed her opinion the City should do this. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded the motion. Motion carried by unanimous 5-0 vote. Therefore, the following items were approved on the consent agenda: a. Resolution 133, 2005 – Approve a Cost Sharing Maintenance Agreement with RCA Center II of Florida LLC. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with RCA Center II of Florida LLC Construction and Development, Inc. for reimbursement of costs for landscape and irrigation maintenance services related to the PGA Boulevard Flyover Project; and providing an effective date. b. Resolution 134, 2005 – Approve a Cost Sharing Maintenance Agreement with Sembler Family Partnership #29, Ltd. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Sembler Family Partnership #29, Ltd. for reimbursement of costs for landscape and irrigation maintenance services related to the PGA Boulevard Flyover project; and providing an effective date. c. Resolution 135, 2005 - Approve a Cost Sharing Maintenance Agreement with MacArthur Center Property Owners Association, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with MacArthur Center Property Owners Association, Inc. for reimbursement of costs for landscape and irrigation maintenance services related to the PGA Boulevard Flyover Project; and providing an effective date. d. Resolution 138, 2005 – Authorizing a Joint Participation Agreement and Maintenance Memorandum of Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Joint Participation CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 3 Agreement and Maintenance Memorandum of Agreement with the Florida Department of Transportation for landscape beautification along Victoria Gardens Drive and Alternate A1A as part of the Keep Palm Beach County Beautiful Grant Program; and providing an effective date. e. Resolution 139, 2005 – Authorizing a Developer Funding Agreement with Sembler Family Partnership #29, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing a Developer Funding Agreement with Sembler Family Partnership #29, Ltd. to assign responsibilities related to a Keep Palm Beach County Beautiful Grant from the Florida Department of Transportation; and providing an effective date. f. Proclamation – Fire Prevention Week. PUBLIC HEARINGS: 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. Resolution 120, 2005 - Downtown at the Gardens site plan amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the site plan approval for Downtown at the Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to defer some elements of the Lake Improvement Plan, removing the Children’s Garden; modifying the hardscape and landscape to coincide with the newly-approved architectural theme; removing the video wall sign; adding a right-out exit point onto Gardens Parkway; adding unused remaining DRI entitlements of 1,032 square feet of office space to the subject site; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 120, 2005 by title only. Ex-parte communication was reported: Councilmember Barnett reported speaking with Mr. Menin and Mr. Jacoby, and touring the site. Councilmember Levy reported touring the site with Greg Menin and speaking with Don Hearing regarding changes. Councilmember Valeche had met with Rob Jacoby and Don Hearing and toured the site. Vice Mayor Jablin reported he also toured the site with Mr. Jacoby and Mr. Hearing. Mayor Russo reported he toured the site about a month ago. Mayor Russo declared the public hearing open, held on the intent of Resolution 120, 2005. Donaldson Hearing presented the project with requested waivers and other changes. Vito DeFrancesco, Shady Lakes, reported he had given City Council two pieces of paper, on one, the applicant had indicated that they were entitled to extra square footage because it was in the DRI, and it was going to be used for office space and not research space; and the other paper was the City Engineer’s recommendation. Mr. DeFrancesco pointed out other waivers that were within the Resolution but not reported. Sue Ellen Grove, Magnolia Street, stated she did not see why the City should give in to so many waivers and parking spaces should not be a reduced size. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Planning Manager Talal Benothman addressed Mr. DeFrancesco’s comments by pointing out attachments to the staff report where the waivers he mentioned had been listed. Councilmember Valeche requested the code be amended so that parking space sizes did not have to be given waivers all the time. Mayor Russo explained if 9-1/2’ spaces were in the code they could be done under straight zoning. Vice Mayor Jablin moved approval of Resolution 120, 2005. Councilmember Levy seconded. Mr. DeFrancesco stated he had the right to cross examine. Mayor Russo re-opened the public hearing. Mr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 4 DeFrancesco asked what the office space being proposed for the entitlement would be used for, and the difference in parking requirements for professional office and research office space. Councilmember Valeche asked if there was a slash missing between the words research and office. Mr. Hearing advised that in this DRI the entitlement was research office/medical. The City Attorney advised that specific statements made during direct were all that could be asked about. Mr. DeFrancesco asked a question regarding an issue that had not been previously stated, and was cautioned to ask only regarding what had been testified to. Mr. DeFrancesco commented the City Engineer had stated he would prefer to have the conditions of the LDR set up for parking; he was not in favor of the smaller spaces or the long diamonds. The next question was how much open space was gained from saving space on parking spaces. Response was the code required an additional 1-1/2 square feet per square foot of asphalt that was saved to be provided in additional open space beyond the requirement of the code; the requirements for landscaping and open space were substantially exceeded and the applicant met the code requirement and the test for that waiver. Mr. DeFrancesco asked if the City was getting more than they were losing in parking spaces. Mr. Hearing responded the waiver had been found consistent with City code by staff. Mr. DeFrancesco made comments that had not been previously testified to. Mr. DeFrancesco asked that Paul Auerbach help him. The City Attorney indicated that people who had participated were allowed to cross examine. Mayor Russo indicated he was very frustrated. Councilmember Levy advised 93 parking spaces would result in193.5 additional square feet. The City Clerk swore in Paul Auerbach. Mr. Auerbach asked to be shown the additional space on the site plan. Mr. Hearing responded the project required 15% of open space; they had an excess of 25% open space and it was provided throughout the site plan, plus the applicant had agreed to landscape on Alternate A1A outside the obligation of their original approval. Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Resolution 120, 2005. Councilmember Levy seconded. During discussion of the motion Councilmember Levy noted if the second waiver was granted two parking spaces would be lost, but parking requirements would still be met. Motion passed by unanimous 5-0 vote. Resolution 144, 2005 - Consideration of a residential sign package for Cielo Homes. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a master amenities plan and signage plan for the residential portion of Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein; providing for one additional waiver; and providing an effective date. The City Clerk read Resolution 144, 2005 by title. Mayor Russo declared the public hearing open. No ex- parte communication was reported. Marty Minor, Urban Design Studio, presented the request. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to approve Resolution 144, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Part II – Non-Quasi-judicial Resolution 96, 2005 - Setting the FY 2006 millage rate. A Resolution of the City Council of the City of Palm Beach Gardens, Florida adopting a tax levy and millage rate for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2005, and ending September 30, 2006; directing the City clerk to forward a certified copy of this resolution to the property appraiser and tax collector within three (3) days after its adoption; and CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 5 providing an effective date. AND Ordinance 24, 2005 – (2nd reading and adoption) Adopting FY 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 Resolution 96, 2005 and Ordinance 24, 2005 by title only. Finance Director Allan Owens provided the staff presentation and reviewed the procedure to be followed. Comparison of the City’s tax rate with those of other cities was presented. Mayor Russo declared the public hearing open. Lou Satriano, resident of Lake Catherine, requested budget information be provided at the meetings, indicated he did not know about the budget workshops, and asked what comprised the money that came in. Mayor Russo advised this hearing was for comments, not questions. Mr. Satriano expressed his opinion that property tax should be on square footage of the house and acreage. Robert Davis, M.D., 118 Orchid Cay, accepted the numbers but felt current money should not be put into reserves since there would be four large revenue producing properties on the books next year and money should be used to reduce taxes. Dr. Davis expressed his opinion that the employee pension plan should not be defined benefit and a 401K would be much better; and he did not agree with the Sunshine Law. Douglas Virgillo, 9130 Cypress Hollow Drive, commented he and a lot of people did not know about the budget workshops, and since he was not under the 3% cap his tax bill increased 47% and would cost $6,000 per year based on this budget, and this was the first year he was here, and how could he afford to pay this, which was a real issue, and he was very upset and asked why there were not re-assessments so that taxes were distributed more evenly. Tom Sosey, 149 Bent Tree, commented his principal concern was that not enough thought was given to future fiscal soundness, and suggested Councilmembers prioritize how tax revenues would be spent each year, and outlined a plan. Mr. Sosey urged adoption of a 5.900 millage rate as proposed by Councilmember Barnett and build reserves back up as proposed by Councilmember Valeche, and suggested adopting last year’s budget for a period of time to work out the details. Michael O’Rourke, Palm Beach Gardens Youth Athletic Board, requested the Parks and Recreation Department budget not be cut, because of the children. Jeff Mickle, stated he was not a resident but worked here for Taylor Woodrow, and advised there were not enough building inspectors to cover all the inspections timely. Jimmy Casto, home builder in the City for 44 years, advised the building department needed more help and felt no one should be cut from that department or their benefits reduced, and requested building department personnel be increased. Sue Ellen Grove commented all the new homes should provide enough revenue not to raise taxes, and reported costs were increased according to rules which were not always logical, expressed concern about the employment retirement program, and stated she did not know about the budget workshops. Bob O’Dell, Police Benevolent Association, advised taxes were what paid police officers and employee salaries and they could not afford to live in the city now, and he lived in the county and paid $6,000 in taxes himself; and asked that the general employees’ benefit packages be looked at because a lot of them could not afford to live anywhere. Bob Brockman, Ilex Circle South, asked that cuts not be made to the recreation budget, since that was a way to keep children occupied. Mr. Brockman stated he was a remodeling contractor and understood the building department issues, and commented the inspectors were worked pretty hard, and asked that cuts not be made in that area. Eileen Tucker commented staff benefits for general employees was proposed to go from 8% to 14% and that was unheard of, and clarified she was not including fire or police. Ms. Tucker asked if there was anything in CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 6 the budget that the City was not sure they would really do, to take it out now. Sid Dinerstein, St. George Place, commented on a County Commission meeting where they were able to make budget cuts from places that did not have to increase taxes, and expressed disappointment that staff did not provide alternatives to cutting personnel, who now had to live in Port St. Lucie. Joel Brier, Professional Firefighters and Paramedics of Palm Beach County, representing the City, asked the Council not to reduce this budget because that would reduce services, and explained the different programs in the budget. Mr. Brier commented the City was proposing to eliminate the step plan, which would place the City in the lowest three departments in the County, and would be the only department in southeast Florida without this plan, and asked the City to maintain the plan and direct negotiators back to the table. Matthew Wilhite, Professional Firefighters and Paramedics of Palm Beach County, spoke against the proposed budget cuts for the firefighters, who needed a reasonable income to work in the City, and not to cut services. Tory Buckley expressed concerns for possible cuts to the Parks and Recreation Department, stated he represented 3,000 residents in the PGYAA, and they had expressed concern that the City had lost their vision, and advised the recreation programs were one of the top 5 reasons that people came here. Councilmember Valeche noted the Council had not had an opportunity to discuss department budgets and should have the chance to make choices, and no cuts were proposed for the Parks and Recreation Department. Tim Frohling indicated he supported all the employees, commented the Recreation Department brought in a lot of money, and described the symbolism represented on the City’s crest. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin advised this budget process began last April, described the process, and commented staff had presented a professional budget. The Vice Mayor expressed his opinion it would do a terrible disservice to the residents to use a shotgun approach to cut the budget at this point when it must be adopted by the end of the month. Vice Mayor Jablin made a motion to adopt the City Manager’s suggestion to utilize the negotiated insurance savings of $507,528.00 to lower the millage rate to 5.928. In addition, and not a part of the motion, the Vice Mayor suggested that all of the anticipated fines received in the Vavrus case be put into reserves. Mayor Russo requested a note be sent to the residents who had spoken, and commented that realtors might not be telling the true picture where taxes were concerned. Councilmember Valeche expressed his opinion that goals and objectives should have caps attached; agreed that no cuts should be made that were harmful to the City; and proposed that next year a percentage of increase or decrease from this year’s budget be set. Councilmember Valeche commented regarding the motion on the floor that he did not want anyone to think if the millage was lowered tonight to 5.928 that was a tax cut, it was just a windfall because of a good occurrence on the insurance front and if the millage was left the same it would go into reserves, but real work in really looking at priorities and things that could be cut without harm to the residents had not been done. Councilmember Levy noted it took negotiation by staff with the insurance company, and asked staff to look at safety programs to get better experience rates, etc., and look for things that could be cut without harm to the residents. Councilmember Levy expressed support for the motion to benefit the residents. Councilmember Barnett commented a very steep curve of building was increasing revenue but expenses were increasing fast also and the revenue curve would level out one day but expenses would not, and the only way to keep from being hurt one day was to tighten our belts now. Councilmember Barnett expressed disappointment that the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 7 Manager and staff had not been able to come up with more ways to tighten the budget. Councilmember Barnett discussed the list of possible cuts provided two days ago and proposed a subsequent motion to use the additional 6% proposed to go into the general employees pension fund to lower the millage rate to 5.90. Mayor Russo called for a second to the original motion. Motion was seconded by Councilmember Levy. Mayor Russo called for a second to the subsequent motion. Motion died for lack of a second. Mayor Russo made comments, thanking everyone for the budget process and thanked Councilmember Barnett and Councilmember Valeche for bringing new ideas. Mayor Russo recommended using the list provided by the City Manager as a template for the future, and also starting on the next budget next month, not next July, and expressed concern employees were not compensated enough for their retirement. Mayor Russo expressed his opinion that residents should be fully engaged in the budget process, but to address cuts at the eleventh hour was not the thing to do. Councilmember Valeche respectfully disagreed that the list should be used as a template for the future because the items were not items that should be cut, because they would be harmful to the City. The City Manager explained how the list had been developed. Discussion ensued. Councilmember Barnett suggested setting aside a certain percentage of the projected new money. Mayor Russo stated he fully supported the efforts, but wanted to come up with a plan to get where the budget needed to be. The City Attorney noted that the motion on the floor and the law allowed the Council to amend the adopted tentative budget, and suggested that after the vote a short recess take place to allow time to recomputed the millage rate and change the Resolution if the motion passed. Motion passed 5-0. Upon reconvening the meeting following the break, Finance Director Allan Owens announced the recomputed millage rate for fiscal year 2005-2006 was 5.928 mills which included a debt millage rate of .22 and an operating millage rate of 5.708, which is greater than the rolled back rate of 5.2289 by 9.16%. Vice Mayor Jablin made a motion to approve Resolution 96, 2005 setting the final millage rate for fiscal year 2005-2006 at 5.928 mills. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Vice Mayor Jablin made a motion to approve Ordinance 24, 2005 on second and final reading, adopting a final budget for fiscal year 2005-2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Ordinance 23, 2005 – (2nd reading and adoption) Third Quarter budget amendment. An Ordinance of the City Council of the City Of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the Fiscal Year beginning October 1, 2004, and ending September 30, 2005, inclusive; and providing an effective date. The City Clerk read Ordinance 23, 2005 by title only on second reading. Vice Mayor Jablin made a motion to adopt Ordinance 23, 2005 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 97, 2005 – Adopting a Fees & Charges Schedule. A Resolution of the City Council of the City of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public for Fiscal Year 2005/2006; and providing an effective date. The City Clerk read Resolution 97, 2005 by title. Finance Director Allan Owens provided the staff presentation. Staff answered questions from the Council. Vice Mayor Jablin made a motion to approve Resolution 97, 2005. Councilmember Levy seconded the motion, which passed by unanimous 5-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 8 RESOLUTIONS: Resolution 121, 2005 - Re-appointment of three (3) members to the Planning Zoning and Appeals Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing two (2) regular members, elevating one (1) alternate member to regular member, and appointing two (2) alternate members to the Planning, Zoning, and Appeals Board; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 121, 2005, inserting the names Douglas Pennell and Michael Panczak as re-appointed; Jonathan Rubins to be elevated from alternate to a regular member, first alternate Joy Hecht, and second alternate Amir Kanel. Councilmember Levy seconded the motion, which passed by unanimous 5-0 vote. Resolution 125, 2005 – Re-appointment of three (3) regular members to the Economic Development Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing two (2) regular members, elevating first alternate member to regular member and appointing first alternate member to the Economic Development Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 125, 2005 with the names of Mark Murnin. Elaine Beers inserted as regular members, James Kissell as first alternate and Steve Cohen alternate. Councilmember Levy seconded the motion, which carried by 5-0 vote. Resolution 126, 2005 – Re-appointment of three (3) regular members and one (1) alternate to a regular member to the Art in Public Places Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing three (3) regular members, elevating one (1) alternate member to regular member, and appointing two (2) alternate members to the Art in Public Places Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 126, 2005 reappointing Linda Oliver, Ellen Dukes, Myra Davis as regular members, elevating Marilyn Spungin to the unexpired term, and Theodore Thoburn to fill the unexpired term of Garri Katz, and Georgia Heard O’Brien as second alternate. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote. Resolution 127, 2005 - Reappointment of three (3) regular members and one (1) regular appointment to the Community Aesthetics Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing three (3) regular members and elevating one (1) alternate member to regular member to the Community Aesthetics Board; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 127, 2005 inserting the names and reappointing William Olsen, Bettie Marks, and Gail Vastola, as regular members, and Carolyn Waters, first alternate, to become a regular member. Motion was seconded by Councilmember Valeche and carried 5-0. Resolution 145, 2005 – Re-appointment of three (3) regular members and one (1) alternate member, and the appointment of one (1) alternate member to the Parks & Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing three (3) regular members, elevating the second alternate member to first alternate member, and appointing a second alternate member to the Parks and Recreation Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 145, 2005 with the names Maryanne Hedrick, Philip Milton, Carolyn Chaplik as regular members, elevating David Lutrin to first alternate and appointing Tim Frohling to fill second alternate. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 9 Resolution 149, 2005 - Appointment of one (1) member to the Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing one (1) regular member to the Budget Oversight Committee; and providing an effective date. Vice Mayor Jablin made a motion to approve Resolution 149, 2005 appointing Harvey Goldberg to fill the unexpired term of Maureen McGuire. Councilmember Levy seconded the motion. Councilmember Barnett indicated she would like to see this board expanded from 3 to 5. Mayor Russo indicated he would like this board to have a liaison. Motion carried by unanimous 5-0 vote. Update on Education Committee – Charlotte Presensky reported she had been acting as liaison for the past year. On October 1 this committee would sunset. Goals were reviewed, with little results, and staff recommendation was to allow the committee to sunset. Ms. Presensky recommended that the Education Forum should be allowed to continue. Vice Mayor Jablin complimented Wayne Anderson, who had been Chair for many years. Councilmember Levy expressed disappointment of no real interaction between the City and the schools. One suggestion was for council members to each adopt a school and be liaison to the SAC and the Mayor be the liaison to the School Board. Vice Mayor Jablin welcomed other ideas. Councilmember Levy commented he lived in Palm Beach Gardens because of the schools and recreation. Resolution 141, 2005 – Approve a contract award to McGladrey & Pullen for Independent Auditing Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to McGladrey & Pullen, LLP for Independent Auditing Services; and providing an effective date. Finance Director Allan Owens provided a presentation. Vice Mayor Jablin moved approval of Resolution 141, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 157, 2005 - Support Military Veterans with 100% medical benefits. A Resolution of the City Council of the City of Palm Beach Gardens, Florida urging Congress to create a permanent solution to the underfunding of Veterans’ health care; and providing an effective date. Councilmember Valeche moved approval of Resolution 157, 2005. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Resolution 125, 2005 – Re-appointment of three (3) regular members to the Economic Development Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing two (2) regular members, elevating first alternate member to regular member and appointing first alternate member to the Economic Development Advisory Board; and providing an effective date. Vice Mayor Jablin made a motion to add the name of Sandra Foland to the list in Resolution 125, 2005. Councilmember Levy seconded the motion, which carried by 5-0 vote. ORDINANCES: Ordinance 27, 2005 – (1st reading) "Public Workshop” LDR text amendment to the Development Review Process. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Planning, Zoning and Appeals Board Public Workshops; amending Section 78-43, Code of Ordinances entitled “Review of Applications for Development Order Approval”; providing for codification; and providing an effective date. The City Clerk read Ordinance 27, 2005 on first reading by title only. Kara Irwin with the Growth Management Department presented the staff report. Vice Mayor Jablin moved to place Ordinance 27, 2005 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/29/05 10 ITEMS FOR COUNCIL ACTION: City Manager Ferris announced the Council /Manager meeting would be October 10, 2005 at 5 p.m., and Town Hall meeting Wednesday, October 19 with Channel 25 taping one hour of the meeting from 7 to 8 p.m., giving speakers 2 minutes each. Mayor Russo requested starting with an update of the last Town Hall meeting. Mayor Russo reported Representative Clay Shaw had given credit to the City for trying to find jobs for evacuees when he was speaking on the floor in Tallahassee CITY ATTORNEY REPORT: The City Attorney reported she had sent a memo to the Council about an old case that was to be reopened, and it was now on the docket for trial on March 27. Mayor Russo commented that a budget process should could be discussed at the October 10 meeting. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:20 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ____________________________________ COUNCILMEMBER BARNETT ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 6, 2005 The October 6, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:02 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 and a moment of silence for Former Mayor Dick Feeny, who had passed away. 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 Levy advised at the last meeting he had commented he would like to see the City participate more with the schools, and suggested appointing a staff or City Council liaison to attend monthly SAC meetings, to have a mentoring program in which the City could participate, and set up a volunteer program for high school students to get hours at the City. Councilmember Levy announced the Dwyer Panthers beat the Gardens Gators 20 to 16 the previous evening, and his son played for the Dwyer Panthers. Councilmember Valeche brought to attention traffic lights on PGA Boulevard east of the bridge and Military Trail that were out of sync. City Engineer Dan Clark reported the signals on PGA around the flyover would be adjusted when released by the contractor; however, there was a lawsuit which might cause delay; the signals east of the bridge were changed for that construction, and would be re-adjusted. Vice Mayor Jablin reported he received a call from Julie Rubins, Len Rubins’ wife, and he had spoken to her and others about a mentoring program with the schools. Vice Mayor Jablin reported the previous evening the Fire Department had done a demonstration at Bent Tree, and thanked those who participated. Mayor Russo wished the Jewish community a happy and good new year. Mayor Russo announced each individual must call Adelphia if they had lost cable service, to get their credit. Residents in communities with Homeowner Associations should advise their Association so the Association could get the credit if they received the bill. The outages were not the fault of Adelphia, but were the result of a fire on a pole which burned through all the fiber optics. Mayor Russo reported he had been interviewed by Channel 25, who was hosting the Town Hall meeting on October 19, and hopefully Channel 25 could get the word out so that more residents would be involved. Mayor Russo reported a baseball player in the major leagues originally from this City wanted to host a baseball camp for kids over the Christmas holiday, and thanked those who were participating in putting this together. Mayor Russo reported after meeting with the City Manager he was suggesting adding $500,000 to $750,000 or more to be allocated to reserves. FEMA was going to come to meet with the City to discuss reimbursement for private community debris removal. CITY MANAGER REPORT: Service Delivered Enhancements through Cross training – The City Manager reported the staff presenter had become ill that day and was unable to come to the meeting, so this would be presented at a later meeting. Light at Garden Lakes – City Engineer Dan Clark reported he met with Channing Corp, and attempted to meet with RAM Development, and they had 30 days to come up with their bond. Mr. Clark reported on the time estimated to complete the process for the lights. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 2 COMMENTS FROM THE PUBLIC Tim Frohling, 152 Euphrates Circle, asked that when the City met with FEMA if they would discuss the issue of private neighborhoods that had paid themselves, due to misinformation from FEMA, and offered help for the baseball camp from the PBGYYA. CONSENT AGENDA: Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on the consent agenda: a. Approve Minutes from the September 15, 2005 regular City Council meeting. b. 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. Quarter Financial Report for the period ended June 30, 2005. PUBLIC HEARINGS: Part I – Quasi-judicial - Mayor Russo described the quasi-judicial cases and the procedures to be followed in tonight’s quasi-judicial proceedings. The City Clerk swore in all those who planned to testify. City Attorney Tatum recommended holding the public hearing for all four cases at the same time. There were no objections. The City Clerk read each of the four petitions by title: Ordinance 18, 2005; Resolution 83, 2005; Ordinance 19, 2005; and Resolution 84, 2005. 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. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 3 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. The following ex-parte communications were reported: Councilmember Barnett reported conversations regarding the type of development and structure size of the expansion with Doug Rudy, Joan Altwater, Tom Baird, and Jeff Rumbaugh. Councilmember Levy confirmed with the applicant that the code enforcement violation had been satisfied. Councilmember Levy reported conversations with Doug Rudy, Don Hearing, Joe Pollock, Keith Paulus, Don Paulus, Skyler Metlis, Tom Mullins, Joan Altwater, Jennifer Sorentrue, and Pam Sitrel regarding the nature of the project and the right turn lane on westbound Northlake going onto Military. The City Manager noted it would be prudent to put conversations with reporters on the record, and that all e-mails received were a part of the City’s record. Councilmember Valeche reported receiving e-mails from practically everybody, specifically, Joan Altwater, Tom Baird, Doug Rhudy, Pastor Mullins, Don Hearing, Jeff Rumbaugh. Vice Mayor Jablin reported receiving e-mails from everybody, and reported he had spoken to Doug Rhudy, Joan Altwater, Keith Paulus, Skyler Metlis, Don Hearing and two reporters—Hometown and Palm Beach Post. Mayor Russo reported ex-parte conversations with the reporters—Hometown and Palm Beach Post, with Jeff Rumbaugh, Pastor Mullins, Skyler Metlis, Doug Rhudy, and had received e-mails which were a part of the record of the City. Donaldson Hearing provided a presentation on behalf of the applicant and answered questions from the Council. Simultaneous services were defined; the City Engineer discussed traffic. Attorney Tom Baird representing Northlake Neighborhood Coalition introduced others who spoke on behalf of the Coalition: Keith Paulus, Hunt Club Lane, who spoke against the expansion which he commented would be to the detriment of its non-member neighbors, and Jim Park, who made a presentation questioning the compatibility of the expansion. Attorney Baird noted the Northlake Neighborhood Coalition had attempted to negotiate a resolution of the issues in good faith, and advised that the agreement with the Hunt Club did not include traffic. Attorney Baird made a presentation, concluding that his position had not changed since July 20 that the expansion was the expansion of a non-conforming use, but if the City permitted that use, asked that all existing conditions be maintained and enforced; that expansion of ancillary uses be limited and the family life center be eliminated entirely, as well as the expansion of the student ministry center. Attorney Baird also asked for recordation of a covenant running with the land prohibiting conversion to a school and permitting the Coalition and the City to enforce that covenant if it were breached. Attorney Baird requested a condition that prior to the first CO the applicant shall convert the existing exclusive west-bound right turn lane into a through lane and construct an exclusive west-bound right turn lane at the intersection of CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 4 Northlake and Military Trail. Attorney Baird also asked that existing conditions be maintained, and that simulcast and or/live services to other buildings be prohibited. Attorney Baird commented on statements made by Mr. Hearing in his presentation. Following some discussion, Attorney Baird clarified the Coalition was opposed to expansion of the sanctuary within the holdings--whatever they may be now or in the future, of Christ Fellowship on Northlake Boulevard. Senior Planner Mike Sanchez requested all staff testimony and evidence presented at first reading be entered into the record as well as the entire staff report and Growth Management file, all e-mails and correspondence. Mr. Sanchez reminded the Council this application involved re-zoning, master development plan approval, and conditional use. Mayor Russo called for public comments. John Altwater, Cypress Hollow Drive, favored keeping density low and felt no expansion should be allowed. Joan Altwater, Cypress Hollow Drive, expressed concern regarding enforcement of conditions of approval and requested denial based on incompatibility. Mayor Russo advised Joan Elias had indicated she was in support of the Northlake Coalition’s position. Matilde Lanier representing Steeplechase Property Owners Association read a statement requesting enforcement of existing conditions and regarding incompatibility of the proposed expansion. Don Paulus, Monterey Point Drive, reported the PGA POA Board of Governors voted to support the Northlake Boulevard Coalition in opposition to this application because of incompatibility and traffic issues. Carol Estrada, Riverside Drive, commented on the great job Christ Fellowship Church did in handling traffic, commented church kitchens served a purpose and no one could predict the building might become a school in the future, and commented on other growth that had impacted Northlake Boulevard. Roy Allem, Hunt Club Lane, made a point regarding the Hunt Club HOA agreement with Christ Fellowship Church that it did not address either of the issues most important to Hunt Club homeowners, size of the building and traffic impact, so he did not believe the agreement represented the will of the Hunt Club homeowners. Eleanor Schweitzer, Dunbar Road, commented Christ Fellowship was asking for a fully configured school facility and a full-service YMCA and if passed this would be a mega-church in the middle of residential, and expressed her opinion the request should be denied. Robert Fink, speaking as Chair of BallenIsles Community Association Government and Community Relations Committee, agreed with Northlake Boulevard Coalition and asked for clarification of a special event. Wayne Richards, Woodsmere Drive, stated he sat on the Zoning Commission for Palm Beach County, and supported the Christ Fellowship petition. Jeff Renbaum, Hunt Club attorney, reported the agreement between Hunt Club and the church did not mean the Hunt Club was in favor of the application, but not to object to their present application. Mr. Hearing stated the applicant had no cross examination, but asked that the City Engineer further examine their traffic study. Mr. Hearing and staff answered questions from City Council. The intent of the condition prohibiting simulcast and the purpose of using busses was discussed. Mayor Russo advised Attorney Baird had made comments regarding traffic and asked if the City could deny a project with traffic concurrency, which was granted by the county. The City Engineer advised he could not speak for the county but it was presented as an ancillary use. Mr. Wu explained there had been a series of meetings regarding accessory uses. Mr. Hearing agreed to remove all the fitness facilities, and explained the primary use of the remaining space would be for student ministries and Sunday School class space. The applicant requested a vote tonight. Vice Mayor Jablin indicated he was not ready to vote tonight; he did not believe everyone had formulated in their own minds where the Council should go with this. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 5 Vice Mayor Jablin stated he appreciated the offer of 20% reduction in size but he would like to see the Coalition and the church work out a realistic reduction in square footage, and address other issues; but the Council could limit the square footage. Mayor Russo indicated square footage could be reduced, but it was the impact that was so important. Vice Mayor Jablin commented there was 86,200 square feet on the north campus and the church was proposing twice that on the northeast campus, and suggested they bring that down to approximately 50% which would be a 32% reduction overall, which he believed was reasonable, and that the City set limits on the ancillary uses. Councilmember Valeche indicated he was ready to vote tonight—that progress had been made and all the information that was going to be received had been heard. Councilmember Valeche commented the sanctuary was the driver, and it was not being expanded, and he was comfortable the ancillary uses were ancillary to the sanctuary, and he believed the church was within their rights in the use of their land. Councilmember Levy commented churches and synagogues that he had been in had kitchens but not basketball courts and he felt the gymnasium could safely be taken off the table. Councilmember Levy’s concern was that the City be able to enforce conditions of approval, and if there were violations that the City have the teeth to enforce. Councilmember Barnett asked how many violations had occurred since the church had been here. Attorney Alan Ciklin, representing the church, responded each time a notice had been received the church had complied immediately so that there had never been a fine or hearing. Councilmember Barnett expressed concern that the south campus was not really an ancillary use; there had been violations in the past six weeks, they were bussing because there was not enough parking; and if there was a problem now, what would happen with the size tripled. Councilmember Barnett stated that from her research of the law, maintaining the quality of residential neighborhoods was one of the primary duties of municipal government and she believed there was a substantial negative impact to surrounding communities. Councilmember Levy indicated he believed there would be a surge after the service and the rest would trickle out, and equated this to his own temple only on a much larger scale. Vice Mayor Jablin commented that was hopeful, but thought this should not be done without careful deliberation. Councilmember Valeche indicated he was comfortable and ready to vote with the 20% reduction offered by the applicant. Mr. Hearing stated they had no other development plans. Mr. Wu advised that staff would have a hard time consolidating the agreement with the Hunt Club into the resolution tonight since there had not been much time for review. Vice Mayor Jablin asked if the fact that the Hunt Club agreement was not going to be recorded meant anything. Applicant’s counsel explained the private agreement could be incorporated into the ordinance. City Attorney Tatum advised she had only seen a draft copy of the agreement and therefore would not make any representations to the City that she had reviewed the 56 conditions and could not recommend whether they should be included in the City’s legal document. Mayor Russo commented the City must look at those conditions to be sure residents had not entered into an agreement with conditions they could not enforce. Councilmember Levy indicated it was critical to know how long it took the parking lot to empty. The applicant volunteered to meet with the residents quarterly to discuss traffic and make any possible improvements. Mr. Wu indicated staff was encouraged by the offer of 20% reduction in square footage. Attorney Baird requested review of the alternative site plan. City Attorney Tatum suggested since there were four different items before the Council tonight, two pertaining to the south campus which had not been discussed tonight; also with regard to the north campus the ordinance transferred all the conditions to the resolution, just CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 6 rezoning the additional 20 acres, so that Ordinance 18, 2004, Ordinance 19, 2005, and Resolution 84, 2005 could be voted on, and Resolution 83, 2005 postponed until a date certain until a new site plan could be submitted. The applicant requested all items be voted on. City Attorney Tatum indicated it was another option to postpone everything. Discussion ensued. Mayor Russo expressed concern regarding the impact to residents and that things were no better than six weeks ago. Consensus of Council was to bring this back to the regular Council meeting on November 3. Councilmember Levy made a motion to postpone Ordinance 18, Resolution 83, 2005, Ordinance 19, and Resolution 84, 2005 to a date certain of November 3, 2005. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote. Part II – Non-Quasi-judicial RESOLUTIONS: 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. David Reyes presented the item. Vice Mayor Jablin moved approval of Resolution 136, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. 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. Vice Mayor Jablin moved approval of Resolution 155, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. 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. Vice Mayor Jablin moved approval of Resolution 158, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ADDITIONAL ITEMS Mayor Russo asked for suggestions for a resident to help promote the Town Hall meeting. Joan Elias, Carol Estrada, and Tory Buckley were suggested. Councilmember Levy suggested the Town Hall meeting be advertised on the flashing lights sign. Vice Mayor Jablin reported a sign at Hood Road and Alternate A1A that said no horns between 10 p.m. and 6 a.m., and asked if that sign had been there a long time. Vice Mayor Jablin made a motion to direct the City Manager to add between $500,000 to $750,000 back into the reserves. Councilmember Levy seconded the motion. The motion was discussed. During discussion it was noted this would be done throughout the year and he would report at the end of the year how much had been added to reserves. Motion carried by unanimous 5-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/6/05 7 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:16 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 Charles K. Wu, AICP Date Prepared: October 17,2005 Meeting Date: November 3,2005 Resolution 165,2005 [ 3 Not Required SUBJECT/AGENDA ITEM ~ Approved By: Resolution 165,2005: Nutrition S’Mart - Special Event Application Consideration of Approval: A request by Ed Gruvman for approval of a fourth (4’h) special event permit for Nutrition S’Mart within the 2005 calendar year. The 3.17-acre Nutrition S’Mart site is generally located on the northeast corner of the intersection of Keating Drive and Northlake Boulevard at 41 55 Northlake Boulevard. - Affected Parties: [XI Notified 1 Not Required [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: I I Originating Dept.: Growth Management: Project City Attorney Christine Tatu N/A Michael J. *ch& Planning Manager [ ] Quasi - Judicial [ ] Legislative NIA Finance Development Compliance Bahareh Keshavarz-Wolfs, AICP [ ] Public Hearing n Advertised: Administr [ ] Required FINANCE: NIA Costs: $ N/A Total $ N/A Current FY Funding Source: [ ] Operating [XI Other3 Budget Acct.#: N/A CC Action: [ ]Approved [ 3 App. w/ conditions [ 3 Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ 3 Rec. Denial [ ] Continued to: Attachments: e Special Event Application e LDR Section 78-187: Special Events e Resolution 165, 2005 Date Prepared: October 17,2005 Meeting Date: November 3,2005 Resolution 165,2005 BACKGROUND Site Background On October 9, 1979, the City’s Site Plan and Appearance Review Committee approved a site plan for a retail building on 3.17 acres located at the northeast comer of Keating Drive and Northlake Boulevard. Subsequently, the City Council adopted Resolution 73, 1998 thereby approving an amendment to the previously approved site plan to allow for a liquor store and a general retail store (Nutrition S’Mart) on the subject site. Special Event Background Prior to the date of the preparation of this report, three (3) special event applications for the Nutrition S’Mart site were submitted to and approved by the City in the 2005 calendar year. The three (3) special events, all entitled Customer Appreciation Day, were held on January 15, February 26, and April 16, 2005. SPECIAL EVENTS Pursuant to Section 78- 187 of the City’s Land Development Regulations (LDRs), entitled Special Events (attached), no more than three (3) special events every calendar year shall be held by any applicant at any one (1) location, unless otherwise approved by the City Council following a recommendation by the Growth Management Administrator. Proposed Svecial Event The applicant is proposing to hold the fourth (4‘h) special event of the 2005 calendar year for Nutrition S’Mart on Saturday, November 19, 2005. The event, entitled Customer Appreciation Day, will consist of a day of sales with sampling of food, nutrition displays, and cooking demonstrations, all within the store. In addition to the sale event, a small petting zoo will be held outside behind the store. The petting zoo will occur for approximately two (2) hours from 12:OO noon until 2:OO p.m. Signage The applicant is requesting approval to place one (1) sign along Northlake Boulevard approximately five (5) feet in height and three (3) feet in width. The sign will be located on the subject site a minimum of fifteen (15) feet from the right-of-way and will not be located within any site visibility triangle. The proposed sign is in compliance with the City’s Land Development Regulations relating to temporary signs. SPECIAL EVENTS COMMITTEE The City’s Special Event Committee had no comments or issues as a result of the previous three (3) special event applications for the subject site, which were similar in nature to the current application, and had no objections to the proposed fourth (4‘h) special event. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 165,2005. 2 CIN OF PALM BEACH GARDENS CITY OF PALM BEACH GARDENS OCT 13 2005 SPECIAL EVENT PERMIT APPLICATION PWJNN &zcAcJING DiEpT. Please type information or print legibly in dark ink. Application must be filled out completely. Please read all instructions before filling out application and note the permit requirements that are necessary to be included as attachments to the permit application. Application fee and completed application shall be included when submitted to the Growth Management Department. 10500 North Military Trail Palm Beach Gardens, Florida 33410 Telephone: 561-799-4243 Fax: 561-799-4281 flame of event Customer Appreciation Day AddressLocation of event 4155 6. Northlake Blvd., Palm Beach Gardens, FL 33410 Detailed descriation of use (use additional sheet if amlicable) A Saturday sales day with sampling, nutrition displays, and cooking demonstrations. In addition to the sale event, from 12-2 we will provide a small petting zoo outside in back of our store Bates and times of the even t Page 1 of 4 Orpanization fs) Producing Event: Name: Nutrition S'Mart Name: Address: 41 55 6. Northlake Blvd. Statelzip: PBG, FL 33410 Phone: 694-0644 Phone: Address: - State/Zip: Alternative Phone #: Fax: 694-661 2 Fax: Alternative Phone #: Individual fs) ResDonsible; Name: Ed Gruvman Name: Address: 41 55 6. Northlake Blvd. State/Zip: PBG, FL 33410 State/Zip: Phone: 694-0644 Phone: Address: Alternative Phone #: Fax: 694-661 2 Fax: Alternative Phone #: PJon-Profit; Private or Commercial Enterwises IIf applicablel: Tax Exempt Number: Corporation Name: Date of Incorporation (Please attached articles of incorporation): purDose of the event To thank our customers and to help educate and encourage wellness to all ages. Estimated number of participants 200 - 300 Has this event occurred in the City of Palm Beach Gardens before? Yes ' No Has the & of the event had a special event already this calendar year Yes J No If so, how many times? 2 Page 2 of 4 Will your event require road closure? Yes __ No J If yes, describe the requested street segment closure and times. Will the event require the use of electricity? Yes No J Will food andor beverages be served? Yes No J Will the event have any vendors or concession sales? Yes No If yes, the submit a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit, Florida State health certificates, and City registration. J Will Police Services be required? Yes No Will Fire Services be required? Yes - No Will alcohol be served? Yes __NO J [All alcohol requirements of Chapter 6: Alcohol must be met. See Chapter 6 attached] Are you proposing any signs? Yes No If ves. Dlease enclose a comDlete on-site andlor off-site sim Dackaee showing the location. number, size. CODV area. EraDhics. illustration and logos all proDosed signaee. (S ee sbnage reauirements Dace 2 of the reeulations) * Only one (1) on-site sign is permitted per special event. See sign regulations on Page 2 of regulations checklist. ..................................................................................... Please enclose a non-refundable application fee payable to the City of Palm Beach Gardens. FOR OFFICE USE ONLY FEE REQUIRED: YES- NO- FEE RECEIVED: YES - NO- FEE RECEIPT # FEE DATE AND TIME RECEIVED: Page 3 of 4 FACSIMILE TRANSMITTAL SHEET TO FROM ED GRUVMAN TOM HARTMANN FAX NUMBER: DATE: 561-694-6612 DECEMBER 15,2004 Nuttition Smart COVER: COMPANY: TOTAL NO. OF PAGES INCLUDING ONE PHONE NUMBER SENDER’S REFERENCE NUMBER: S61-694-0644 STORE 201 PALM BEACH GARDENS 4155 NORTH LAKE BLVD. RE: YOUR REFERENCE NUMBER SPECIAL EVENTS PERMITS This is to serve as notice that Nutrition Smart has ABC Fine Mine and Spirits permission to for special Events Permits For: January 15,2005 11-4 Feb 25,2005 11-4 April 15 11-4 Sept, 16 11-4 November 18,11-4 . Should you have any questions please call Thomas Haxtmann on ex. 221 at the below listed phone number. Charles Bades On this 15 day of December 2004 , Charles Bailes being personally know to me .under oath, did sign and attest that he is Presidentd ABC Fine Wie & Spirits and did execute the forgoing authorhation for the Special Events Programs of Nutrition S”Mart. CHRIS QUAR LES “Jotaij Public, Slate of Florlda !dy :oinm. exp. June 1, 2007 . Zomrn. No. DO 218284 Chris Quc;rles PO BOX 593688 ORLANDO FL. 32859 PHONE: 407-851-0000 FAX: 407-857-5500 Nutrition S’Mart Event On-Site Sign SIGN MEASUREMENTS: 5 feet wide x 3.2 feet high TO BE DISPLAYED: The below sign will be put up 7 days prior to the e\ ent and removed at the end of the event day. The sign will be displayed 15 feet away from the roadside and will not be located in the safe site visibility triangle. Black & white version FREE CELEBRATION 0 Tasting Fair Cooking Class Prize Drawings Kid’s Entertainment Color Version FREE @EL€BRAtlOIU Tasting Fair 0 Cooking Class I) Prize Drawings Kid’s Entertainment NUTRITION S'MART TENANT SPACE I I I '4451 I CLUMlNLlM UAREHOUSE I 26,092 Square Feet) I EXIST ASC LIQUORS .Area of Build!ng Foot Print : I I/ I 5 , 4 - 16 419 Square Feet -8- --__ ---T I ! I I i i ! i I I I i 1 I i , ij 'I u*>----$- EXISTING CBS TRASH ENCLOSURE - %FER TO DETAIL I/SI f - -- . - -- I I I I I I I I I I I I '? I I I NUTRITION 5'MART TENANT SPACE EXISTING CONCRETE DRIVE-NO CHANGE . NEU II'xIQ'xI~' HIGH CHAIN LINK FENCE ENCLOSURE W/ PRIVACY SLATS FOR MATHER- PAC COMPRESSOR STSTEM -REFER TO DETAIL 2/51 r 74.50' I I I I I I I I I I I I I I I I I I I I I'I i - -71 1: T-678 P.003/003 F-069 10-1 2-2005 05 :30PM FROM- ;,@J:.)sq!&#* LZ& lcie%A.*VZ% ?k&%,, M::<..*&,. FRANK H. FURMAN, INC. FRANK H. FURMAN #A031425 P. 0. BOX 1927 POMPANO BEACH, FL 33061 NUTRITION S'MART-FITNESS WAREHOUSE OF PALM BEACH LTD - - . . . . - . . B ASSOCIATED INDUSTRTES OF FLA COMPANY 4155 B NORTHLAKE BLVD PALM BEACH GARDENS FL 33410 lHlS IS TO CERTIFY 'MAT THE PWCIES OF 1NSURPSIICE USED EELOW HAVE BEEN 16SUl INDICATED, NOMMSTANMNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CON7 CEKllFlCATE MAY BE ISSUED OR MAY PERTAIN, lhE INSURANCE AFFORDED BY THE PC EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UME SHOWN MAY HAVE BEEN REC C WMPW 0 I H I eMpLoYERIp UAem 6/12/05 1 TO THE INSURED NAMED ABOVE FOR "HE POUCY PERIOD hCT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ICE6 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ICED BY PAID MAIMS. THE PRgPRlElDW PARTNERWECUTIVE OFROERS ARC 1 3ESCRIPnON OP OPERAllO)rG(LOUMICl€SfSPEUAL rrrYS RE: LOCATION AT 4155 B NORTHLAKE BLVD PALM BEACH GARDENS FL CERT HOLDER IS ADD'L INSURED ON GENERAL LIABILITY PER FORM CG2011 01/96 ON 'L NAMED INS OL 1NCL:FITNESS WAREHOUSE OF PALM BEACH INC GP ABC LIQUORS INC ATTN: TOM HARTMANN P 0 BOX 593688 ORLANDO FL 32859-3688 10-1 2-2005 05 :21PM FROM- T-678 P.002/003 F-066 4155 E NORTHLAKE BLW PALM BEACH GARDENS FL 33410 FRANK H. FURMAN, INC. FRANK H. FURMAN #A091425 c 0 COMPANY OF FLA COMPANY NUTRITION S'MART-FITNESS WAREHOUSE OF PALM BEACH LTD INDICATED. NOTWITHSTANDING ANY RE(lU1REMENT. TERM OA CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIM mlS EXCLUSIONS AND CONDltlONS OF SUCH POUUES. UMIl'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTlflCATE MAY Be ISSUE0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL WE TERMS, I POMY EFFECTIVE DATE (UmloDNv) POUCY NUMBER BPG32 8 64 10/03/05 CUG3 2 8 64 10 /O 3'/ 0 5 2005332827 6/12/05 06/12/06 BODILY INJURY (Per rcbdsnl) RE; NOAH'S ASK PETTING ZOO. CERTIFICATE HOLDER IS ADDITIONAL INSURED ON GENERAL LIABILITY PER FORM CG 2026 11/85 ON POLICY. 1500 N MILITARY TRAIL PALM BEACH GARDENFL 33410 c LAND DEVELOPMENT 0 78-187 industrial zoning districts or industrial portions of a PUD or PCD. The use of barbed wire in areas zoned PDA is prohibited, unless permitted agricultural use is made of a site or sites. Fence height exemptions. Fences located within the city's athletic facilities are exempt from the fence height limitations of this section. g. (9) Corner visibility. On a corner lot, fences, walls, hedges, structures, or plantings, or other obstructions to vision shall not be placed between the heights of 2Y2 feet and eight feet above the crown of the road within the triangular area formed by the intersecting street centerlines and a straight line joining the street lines at points which are 25 feet distant from the point of the intersection. (10) Buffer areas required where commercial or industrial use abuts residential use. a. Required buffers. Whenever a commercial or industrial use abuts an existing or future residential use, as shown in the comprehensive plan of the city, the buffers described below shall be installed. 1. A landscaped buffer with a minimum width of 15 feet shall be provided on the commercial or industrial use site adjacent to the abutting residential property line. The buffer shall create a completely opaque visual barrier which may consist of a fence or wall with a maximum height of eight feet, constructed of solid, manmade materials and shall be located at a minimum distance of five feet from the property line. Alternatively, a berm with sufficient landscaping to create a minimum combined height of eight feet adjacent to the abutting property line or at a sufEcient distance from the property line to allow maintenance of such buffer. Approval. The use of either a fence, wall, or berm as a visual barrier shall be approved by the growth management director. Exceptions. If the commercial or industrial property line is a part of or abuts a public access easement or road right-of-way, a ten-foot buffer shall be required. An eight foot fence, wall, or berm with landscaping shall not be required unless the city council determines that such a fence or berm is necessary as a visual barrier for the protection of the adjacent residential area. Other limitations. Buffer areas required by this section shall be in addition to any required building setback areas and shall not be used for parking or any other vehicular use. (Ord. No. 17-2000,§ 99,7-20-00; Ord. No. 17-2004,s 6,6-3-04; Ord. No. 25-2004, 6 2,8-19-04] 2. b. c. d. Sec. 78-187. Special events. (a) Permit required for special event. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce, participation in a special event, as defined in section 78-751, unless a special event Supp. No. 16 CD78:179 8 78-187 PALM BEACH GARDENS CODE permit has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as designated by the growth management director on forms provided by the city. Unless waived by the growth management director for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: Expected attendance Minimum advance time required to file Less than, or equal to, 1,000 persons 1,001 to 5,000 persons 5,001 to 50,000 persons More than 50,000 persons one month two months four months six months The applicant shall provide all information solicited on the special event permit application form, unless waived by the special events planner, upon finding that such information is not necessary. (b) Permit requirements Authority. Notarized evidence the property owner/managing agent authorizes the use o the site for the special event reflected on the special event permit application. Site plan. A detailed site plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. Statement of use. A detailed statement of use, including but not limited to sponsods), vendor&), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. Signage. Signs are permitted only if related to a special event. a. On-site signs: 1. Only one on-site sign per special event is permitted unless waived by the growth management director for good cause and the public interest of the city. 2. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, Supp. No. 16 CD78:180 LAND DEVELOPMENT Q 78-187 type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No signs shall be permitted in the safe site visibility triangles as described in section 78-315(i): Visibility triangles. 3. b. Off-site signs: 1. Any off-site sign(s) including street banners, pole banners, flags, directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, Supp. No. 16 CD78:180.1 c u LAND DEVELOPMENT $ 78-187 type, and colors of the sign(s) for the event. Such plan shall be submitted with the special event permit, and approved by the growth management director. 2. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. Off-site signs may be displayed no more than 14 calendar days before the scheduled event and must be removed within two calendar days after the conclusion of the event. The growth management director may waive such time limitation to allow the applicant to erect off-site signs prior to 14 calendar days to the scheduled event for good cause and the public interest of the city No off-site signs shall be permitted in the safe site visibility triangles as described in section 78-315G); Visibility triangles. Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the growth management director subject to the review and approval of an off-site sign plan illustrat- ing the number, copy area, location, and graphics of all signs proposed. All signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency, 3. 4. 6. (6) Food seruice. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applicable, Florida State health certificates, and a list of the type of food service proposed. (6) Alcohol. Applicants may provide alcoholic beverages in accordance with chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit issued from the Florida Department of Beverages and Tobacco is attached to the special event permit application. (7) Insurance. The operator of an event shall provide evidence of insurance acceptable to the city in an amount of at least $1,000,000.00, and shall provide the city with a certificate of insurance showing the city as additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. Insurance shall not be cancelled or re-issued without a 20-day written notice to the city, (8) Bond. Arefundable security bond, or similar financial pledge acceptable to the city, will be required, at the discretion of the special events planner, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two calendar days of the event. Snpp. No. 14 CD78: 181 Q 78-187 PALM BEACH GARDENS CODE (9) Indemnification. The applicant shall submit an indemnification agreement, as ap- proved by the risk manager and the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (10) Other materials. Other materials and documentation as may be required by the growth management director. (c) Review: (1) At the discretion of the special events planner, special events permits may be reviewed by the Development Review Committee (DRC) in accordance with section 78-46(d1): Application procedures. All city-sponsored events shall be reviewed by the community services administrator, except for those events that are two (2) consecutive days in length, and/or have an expected attendance of 600 people or more, in which case, shall be subject to a special event permit review. (2) (d) General standards: (1) Location. Special events may occur only on properties possessing the following non-residential zoning district designations: CN, CG-1, CG-2, CR, P/I, M-1, M-lA, M-2, PCD, PDA, PO, and MXD. In residential zoning districts, or residential portions of PUDs, PCDs, or MXDs, special events may occur on public or private schools, churches and houses of worship, public parks, and public or private property. (2) Duration. A special event shall not exceed seven consecutive days. The growth management director may authorize one administrative time extension of up to three days for good cause and for the public interest of the city. Any event more than ten days in length must be submitted to the city council for approval. Pumpkin sales and Christmas tree sales shall not exceed 30 days. (3) Number per year. a. No more than three special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director. No events shall occur consecutively, except for those with city council approval, and if approved shall require a separate permit and fee for each event. Tenants located in commercialloflice plazas, are permitted three special events per tenant each calendar year; however, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. b. c. SIIII~. No. 14 CD78:182 LAND DEVELOPMENT 8 78-187 d. e. f. g. h. Sub-tenants within commerciaVofice plazas are not permitted any special events. CommerciaVoffice plazas with ten tenants or less shall be limited to a maximum of five events per calendar year. CommerciaYofice plazas with 11 tenants or more are permitted ten special events per calendar year. Anchor tenants are each permitted three events per calendar year exclusive of the limitation in subsection e. above. No more than two special events at any given time may occur simultaneously at any commerciaVoffice plaza. Special event applications will be reviewed and approved by the city on a first-come, first-serve basis. City-sponsored and city co-sponsored events are hereby exempt from the limita- tion on the number of events per year. Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway. 7bafic control. Use of city police or acceptable alternative to direct and control trafflc may be required. Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the growth management director. Compliance. If a violation occurs at an event permitted by the city, the growth management director may deny permits to the operator for future temporary events for a period of no more than 18 months. Denial of special euent permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowledge of the special events planner. The special events planner may allow for any additional materials to be submitted within seven days of notification by the special events planner. (2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, if any, have not been met. The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal. (3) (4) (5) The public benefit has not been demonstrated. The permit fee has not been paid. Siqip. No. 14 CD7fk182.1 0 78-187 PALM BEACH GARDENS CODE (0 Conditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public areas utilized shall be cleaned within two calendar days up following any special event, and in all respects restored to its former condition, All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the growth management director for good cause and the public interest of the city, (2) (3) The special event permit may be revoked by the city if any conditions listed in (f) arise anytime after the issuance of the permit and prior to or during the special event, (g) Exemption of public right-of-way closures. Any special event or block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereby exempt from section 62-2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187(d). Closure of any public right-of-way not within the city's jurisdiction shall require approval from the appropriate authority. A "block party" is defined in section 78-761; a majority of residents must consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose. (h) Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property. (i) Police services. The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or hidher designee is the final authority on the need for police service, including the number of officers required and the hours assigned. (i) Fire rescue services lemergency medical services. The fire rescue department shall review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or hidher designee is the final authority on the need for fire rescue andor emergency medical services. (k) Community services. The community services department shall review the permit and assess the need for community services. If services of the department are required, the applicant will be informed of such, and will take the responsibility for contacting the Supp. No. 14 CD78:lSZ.Z LAND DEVELOPMENT 78-188 community services department directly. The applicant is responsible for the cost of such services. The public works manager or hidher designee is the final authority on the need for public works services. (1) Appeal of permit application. The applicant may appeal, by written request, the denial of a special event permit to the city manager's office or designee within ten days of the growth management director's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager's office shall have 30 days to make a decision and to notify the applicant. The city shall reserve the right to charge a non-refundable filing fee to offset all, or a portion of, the costs involved in handling the appeal, (m) Enforcement. Any violations of any provision of this article shall be enforced by the code enforcement special master consistent with section 78-741(b) of the Municipal Code. (Ord. No. 17-2000, 6 100, 7-20-00; Ord. No. 49-2002, 6 2, 1-16-03) Sec. 78-188. Garage, yard, and rummage sales. (a) Purpose. Garage, yard, and rummage sales are intended, as provided herein, to be infrequent events that do not detract from the residential character or other predominate characteristics of the area in which the events are held. The purpose of such events is to allow for the sale of used goods by families and organizations which normally do not sell such goods on a regular basis or as a business. (b) Permitted locations. Garage, yard, or rummage sales may be located within any of the following locations: any residential zoning district, any residential development, any public or private school, or any place of worship. (c) Approval and fees. (1) Special event approval. An owner, tenant, operator, or authorized agent of a residential dwelling, school, or place of worship must obtain special event approval from the growth management department prior to conducting a garage, yard, or rummage sale. If a permit for such event is not obtained, the city may require the event to be closed or may institute code enforcement action pursuant to article VII. (2) Fees. The city shall not charge a special event fee for a garage, yard, or rummage sale. (d) Limitations. (1) Consecutive days. A garage, yard, or rummage sale shall not be permitted for more than three consecutive calendar days. (2) Number. A garage, yard, or rummage sale shall not be conducted more than three times during any calendar year at the same address or general location. At least 120 calendar days must elapse between each garage, yard, or rummage sale conducted at the same location. CD78: 182.3 Q 78-188 PALM BEACH GARDENS CODE (e) Signs. Signs for an event of this nature shall be limited as provided below. t 1) Location. One sign may be located along the street frontage of the address or location where the event is held. One sign may be located at the intersection closest to the location of the event. Size. Signs shall not exceed four square feet in size. Installation. Signs may be installed one day prior to the event. All signs must be removed on the last day of the event. (f) Parking and vehicular circulation. Tables and display areas for garage, yard, or rummage sales shall not block access to parking spaces or vehicle circulation aisles for any multifamily residential development, school, or place of worship. This requirement may be waived by the growth management department. (Ord. No. 17-2000, Q 101, 7-20-00) (2) (3) Sec. 78-189. Fill material. Fill material utilized on a building site, lot, or parcel shall be clean material, approved by the city engineer. Use of construction debris as fill material is prohibited. (Ord. No. 17-2000, 6 102, 7-20-00) Sec. 78-190. Brick pavers. Brick pavers may be use for sidewalks, open spaces, and vehicle use areas, subject to approval by the city engineer. (Ord. No. 17-2000, Q 103, 7-20-00) Sec. 78-191. Outdoor seating. (a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or institution serving food or beverages in an enclosed area, subject to the standards listed below. Access. The outdoor seating area is adjacent to, and has direct access through, a doorway to that portion of the business or institution which is enclosed. (1) Srrpp. No. 14 CD78:182.4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 165,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOURTH SPECIAL EVENT PERMIT FOR NUTRITION S’MART, LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF KEATING DRIVE AND NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HERE IN; AN D PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 9, 1979, the Site Plan and Appearance Review Committee of the City of Palm Beach Gardens, Florida approved a site plan for a retail building on the subject site located on 3.17 acres at the northeast corner of Keating Drive and Northlake Boulevard, as more particularly described herein; and WHEREAS, on July 16, 1998, the City Council of the City of Palm Beach Gardens, Florida approved a site plan amendment for the subject site to allow for a liquor store and a general retail store; and WHEREAS, Ed Gruvman, agent for Nutrition S’Mart, has submitted an application to the City’s Growth Management Department requesting approval of a fourth (4‘h) special event (Customer Appreciation Day) within the 2005 calendar year on the subject site; and WHEREAS, the 3.17-acre site is currently zoned General Commercial 2 (CG-2) with a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; 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 proposed fourth (4‘h) special event permit application within the 2005 calendar year for Nutrition S’Mart, located at the northeast corner of Keating Drive and Northlake Boulevard, on the following described real property: - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 17,2005 Resolution 165, 2005 LEGAL DESCRIPTION: A PORTION OF SECTION 13, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 10283, PAGE 1 184. SECTION 3. Said approval shall be consistent with the following plans/documents on file with the City's Growth Management Department: 1. Special Event Permit Application and support material including signage plans, 9 pages, submitted by Ed Gruvman, received and stamped by the City on October 13,2005. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: October 17, 2005 Resolution 165, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- d \\pbgsfile\Attorney\attorney_share\RESOLUTIONS\Nutrition Smart Special Event - reso 165 2005.doc 3 CITY OF PALM BEACH GARDENS PALM BEACH COUNm, FLORlDA PROCLAMATION UZE-, Geography Awareness Week is November 14-18; and UTIEREAS, National Geographic Information System (GI$) Day is November 16, 2005; and lEHE", Geography Awareness Week promotes geographic literacy in schools; and WHERE&, GIs is an important part of geography awareness; and FKHERE4S, the City of Palm Beach Gardens is committed to expanding GIs to the schools a&l general public in order to showcase real-world applications with GIs. ' NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Floruib, do hereby proclaim November 16, 2005, as NATIONAL GIs DAY And urge all citizens to participate in GIs Day activities. 'I. . ,.I Futricb &Mer, CMC, City Clerk IN WITNESS KUEREOC I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florih, to be affixed on this 3& day of November in the year Two Thousand and Five. Joseph R. Russo, Mayor MHEREAS, CITY OF PALM BEACH GARDENS PALMBEACH COUNW, FLORIDA PROCLAMATION luvember th of each year has been celebrated as Wor Town. ..mning Day; and WERE4S, November th of each year has been celebrated as World Tin Planning Day in a many countries around the world since its inception in 1949; and MHEW!MS, the American Institute of Certified Planners (MCP) acting for the 14,000 members of the planning profession in America, a component of the 30,000 - member American Planning Association, endorses World Town Planning Day as an opportuni?y to highlight the contributions sound planning makes to the quality of our settlements and environment and to celebrate American accomplishmen6 in making collective decisions concerning our cities and regions that bring quality and meaning to our lives; and WEREAS, the celebration of World Town Planning Day gwes us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen phrs who have contributed their time and expertise to the improvement of the Cifu; and WERE4S, we recognize that many valuable contributions made by professional community and regional planners of the City extend our heartfelt thanks for the continued commitment to public service; NOW, WEmFORE, 4 Jmeph R Itusso, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florih, do hereby proclaim November th, 2005, as COMMUNITYAND REGZONAL PLANNrllvG DAY In the City in conjunction with the worlcnyjde celebration of World Town Planning Day. IN FWl7VESS WEREOE I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Floridh; to be md on this 3rd aizy of November in the year Two ZJtousand and Five. Attest: , "!- *TI "1 5, ., w,' CMC, City Clerk i Joseph R. Russo, Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 21,2005 Meeting Date: November 3,2005 Resolution 11 3,2005 SubjectlAgenda Item: Consider approval of Resolution 1 13, 2005 authorizing the execution of a 3 year Continuing Contract with LBFH, Inc. for professional engineering services on a non-exclusive basis and authorizing the execution of Work Authorization CS- 0001 for general City Engineer services. Reviewed by: City Attorney d Financy nist tor a Administrator Department Director Originating Dept.: Daniel P. Clark, P.E. LBFH, Inc. Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: not to exceed $90.000.00 (Total) $90,000.00 Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: 001.3000.539.31 50 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: a Resolution 1 13,2005 [ ]None Date Prepared: October 21,2005 Meeting Date: November 3,2005 Resolution 11 3,2005 BACKGROUND Pursuant to Section 6-1 of the City Charter, the City Engineer “shall be appointed and removed in the sole discretion of the City Council with such appointments and removals being based upon merit and fitness alone.” LBFH, Inc. was selected by the City Council in 1979 to serve as the City Engineer, and has continued in that capacity for the past twenty-six years, with annual renewals of the agreement with the City. LBFH, Inc. currently employs approximately 180 persons and is assisting the City by providing a variety of skills and services in Growth Management, Public Works, Recreation, Administration, and with the Gardens Science and Technology Com mu n ity . LBFH is proposing for Council consideration a three-year agreement rather than an annual renewal. This agreement contains no rate increase for the first year, but provides for automatic increases in year two and three, tied to the Consumer Price Index published by the Bureau of Labor Statistics for the Miami/Ft Lauderdale Region. The agreement envisions that LBFH will provide general engineering services as the City Engineer, services which are defined by Florida Statutes as “continuing engineering services.” The agreement also clarifies that the City may, during the term of the agreement, solicit additional engineering services through the “Consultants’ Competitive Negotiation Act” (CCNA), Section 287.055, Florida Statutes. This Resolution also approves Work Authorization CS-0001 for general engineering services in an amount not to exceed $90,000.00. Date Prepared: October 7,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RES0 RESOLUTION 11 3,2005 JTlON OF THE CITY COUNCIL OF THE CIT‘ OF Pi ,M BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND LBFH, INC.; APPROVING WORK AUTHORIZATION CS-OOOI FOR CITY ENGINEER SERVICES FOR FY 05-06; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the City of Palm Beach Gardens to enter into an agreement with LBFH, Inc. to provide professional engineering services; and WHEREAS, an Agreement for Professional Engineering Services has been prepared and is attached hereto; and WHEREAS, the City Manager has negotiated a work authorization with LBFH, Inc. to perform certain services as the City Engineer; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to approve the Agreement and to issue a work authorization to LBFH, Inc. for the services identified in Exhibit “A”. WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc., and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. The City Council hereby approves Work Authorization CS-0001 , and authorizes the City Manager to execute said work authorization. Date Prepared: October 7,2005 Resolution 11 3,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. 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 BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- G:\attomey-share\RESOLUTlONS\LBFH AGREEMENT - 2006 - reso 1 13 2005.doc 2 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2005, by and between the City of Palm Beach Gardens, Florida (hereinafter referred td as CITY) and LBFH, Inc. (hereinafter referred to as CONSULTANT), a Florida corporation, located in Palm City, Florida. WHEREAS, it is necessary for CITY to enter into a Continuing Contract, as that term is defined in Section 287.055, Florida Statutes, for professional engineering services on a non-exclusive basis; and WHEREAS, CONSULTANT represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE The effective date of this Agreement shall be October 1, 2005. The term of this Agreement shall be for a period of three years, but may be terminated as provided herein. ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT 2.1 GENERAL CONSULTANT shall perform the Services as specifically stated in the Scope of Work, which is attached hereto and incorporated herein by reference as Exhibit A, and as may be specifically designated and authorized by CITY. CONSULTANT acknowledges that this Agreement is non-exclusive and that CITY may, during the term of this Agreement, solicit additional engineering services through the “Consultants’ Competitive Negotiation Act” (CCNA), Section 287.055, Florida Statutes, for professional services in some or all of the following disciplines: Civil Engineering, Structural Systems Engineering, Construction Engineering Inspection (CEI), Transportation Engineering, Water and Wastewater Engineering, Electrical Systems Engineering, Surveying/Mapping Services, Architectural Design, Landscape Architect, Environmental Assessment and Geo- Technical Services. Nothing herein shall be interpreted to preclude CONSULTANT from participating in the CCNA process for all or any of the services described above. 2.2 WORK AUTHORIZATION Services will be authorized by the issuance of a Work Authorization. No services shall be performed until a Work Authorization has been executed as provided below. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved as follows: Work authorizations in excess of $50,000.00 shall be approved by the City Council. Work authorizations for development review in amounts less than $50,000.00 shall be approved by the Growth Management Planning Manager. Work authorizations for other services in amounts less than $50,000.00 shall be approved by the City Manager. No services exceeding the compensation established in a Work Authorization shall be petformed until an Amended Work Authorization has been executed as provided above. ARTICLE 3 COMPENSATION 3.1 GENERAL As compensation for providing the Services enumerated in subsequent Work Authorizations, CITY shall pay CONSULTANT'S fees based on the rates stipulated in Exhibit B, attached hereto and incorporated herein by reference. CITY agrees that the rates reflected in Exhibit B are for FY 2006. Beginning October 1, 2006 the rates in Exhibit B shall increase by an amount equal to the Consumer Price Index published by the Bureau of Labor Statistics for the Miami/Ft Lauderdale Region in effect as of October 1, 2006 and will remain in effect until September 30, 2007. Beginning October 1, 2007 the rates in Exhibit B as modified on October 1, 2006 shall increase by an amount equal to the Consumer Price Index published by the Bureau of Labor Statistics for the Miami/Ft Lauderdale Region in effect as of October 1, 2007 and will remain in effect until September 30, 2008. 3.2 BILLING CONSULTANT shall submit detailed itemized invoices to CITY no later than the seventh (7th) day of the month following the month in which the work was performed. Each invoice shall reference the number of the Work Authorization for such services. Payment shall be made no later than the 30th of the month. 2 ARTICLE 4 INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: 4.1 General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1 ,OOO,OOO), personal injury and advertising injury liability of not less than Three Hundred Thousand Dollars ($300,000), and general aggregate of not less than Three Hundred Thousand Dollars ($300,000). 4.2 Workers’ Compensation Insurance in accordance with statutory requirements and Employer’s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less than One Million Dollars ($1,000,000) aggregate. 4.3 ($1,000,000) annual aggregate. Professional Liability Insurance with limits of not less than One Million Dollars The deductible amount for Professional Liability Insurance shall not exceed $200,000.00. Deductible amounts shall not exceed fifteen percent (15%) of the total amount of required insurance in each other category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insu ra nce. CONSULTANT shall furnish CITY certificates of insurance which shall include a provision that policy cancellation, non-renewal, or reduction of coverage will not be effective until at least thirty (30) days’ written notice has been made to CITY. CONSULTANT shall include CITY as an additional insured on the general liability policy required by this Agreement. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by CITY. ARTICLE 5 STANDARD OF CARE CONSULTANT represents to CITY that CONSULTANT is possessed of that level of skill, knowledge, experience, and expertise that is commensurate with engineering firms of national repute in the areas of practice required under this Agreement. CONSULTANT acknowledges that CITY has relied on CONSULTANT’S representations of skill, knowledge, experience, and expertise. By executing this Agreement, CONSULTANT agrees that CONSULTANT will exercise that degree of care, knowledge, skill, and ability as other engineers possessing the degree of skill, knowledge, experience, and expertise which CONSULTANT has claimed. CONSULTANT shall perform such duties as may be assigned without neglect. 3 CONSULTANT accepts the relationship of trust and confidence established by this Agreement, and covenants with CITY to cooperate with CITY and to utilize CONSULTANT’S best skill, efforts, and judgment commensurate with engineering firms of national repute in the areas of practice required for this Agreement. CONSULTANT agrees to perform each assignment in an efficient and economical manner consistent with the CITY’S interest. ARTICLE 6 I N DE M N I F I CAT1 0 N 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, CITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 I N DE M N I F I CAT1 0 N CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its employees, and representatives from any and all claims and liabilities, including all attorneys’ fees and court costs, including appeals, for which CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of CONSULTANT, its employees, or agents arising out of or connected with this Agreement. CONSULTANT shall not be required to indemnify CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of CITY or its agents, employees, or representatives. 6.3 SURVIVAL Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONSULTANT shall work closely with CITY in performing Services under this Agreement. ARTICLE 8 COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. 4 ARTICLE 9 SUBCONSULTING CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. CONSULTANT has submitted a list of all subcontractors, which is attached hereto as Exhibit “D“. Prior to engaging the services of additional subcontractors, CONSULTANT shall obtain written approval from CITY. If a subconsultant fails to perform or make progress as required by this Agreement and it is necessary to replace the subconsultant to complete the work in a timely fashion, CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by CITY. Nothing herein shall be interpreted to preclude a subcontractor from participating in the CCNA process for all or any of the Services described above. ARTICLE 10 FEDERAL AND STATE TAXES CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall CONSULTANT be authorized to use CITY’S Tax Exemption Number in securing such materials. ARTICLE 11 AVAILABILITY OF FUNDS The obligations of CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of CITY. ARTICLE 12 C ITY’S RES PONS I B I LIT1 ES CITY shall be responsible for providing information on hand required by CONSULTANT, including existing reports, studies, planning information, and other required data that are available in the files of CITY. CITY designates the Operations Manager as Contract Manager to administer the provisions of this Agreement. ARTICLE 13 TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon sixty (60) days’ written notice to the other party. Unless CONSULTANT is in breach of this Agreement, CONSULTANT shall be paid for Services rendered to CITY’S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by CITY, CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 5 C. Transfer all work in process, completed work, and other material related to the terminated work to CITY. D. Continue and complete all parts of the work that have not been terminated. CONSULTANT shall be paid for Services actually rendered to the date of termination. ARTICLE 14 UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT 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 which 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, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. 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 thc 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. ARTICLE 15 GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 16 N 0 N -DISC RI M I N AT I 0 N CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age, or national origin. ARTICLE 17 WAIVER A waiver by either CITY or CONSULTANT 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. 6 ARTICLE 18 SEVERABI LlTY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed 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 Article 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. ARTICLE 19 ENTIRETY OF AGREEMENT CITY and CONSULTANT 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 and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 20 M 0 D I F I CAT10 N This Agreement may be modified only by a written amendment executed by both parties. ARTICLE 21 SUCCESSORS AND ASSIGNS CITY and CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of CITY via executed amendment. ARTICLE 22 CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 7 ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by CONSULTANT shall act as the execution of a truth-in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of this Agreement. The said rates and costs shall be adjusted to exclude any significant sums should CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 24 OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, or other information produced or prepared by CONSULTANT pursuant to this Agreement shall become the property of CITY for any lawful use and/or distribution as may be deemed appropriate by CITY. CONSULTANT shall provide an electronic copy of all documents and other information received by or produced by CONSULTANT pursuant to this Agreement, which electronic copies shall be forwarded to CITY via an FTP site, or such other format designated by CITY. ARTICLE 25 ACCESS AND AUDITS CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. CITY shall have access to such books, records, and documents as required in this Article for the purpose of inspection or audit during normal working business hours at CONSULTANT’S place of business. ARTICLE 26 NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to CITY A$ to CONSULTANT City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: CITY Manager LBFH, Inc. 2090 Palm Beach Lakes Blvd, Suite 600 West Palm Beach, Florida 33409 Attention: Daniel P. Clark, P. E. 8 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 transmissions received (i.e., printed) after 5:OO 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 Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 27 CONTRACT ADMlNlSTRATlQN Services of CONSULTANT shall be under the general direction of the CITY Manager or his designee, who shall act as CITY’S representative during the term of this Agreement. ARTICLE 28 KEY PERSONNEL CONSULTANT shall notify CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (1 0) days of said changes. CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Daniel P. Clark, P. E. ARTICLE 29 CONFIDENTIALITY No reports, information, computer programs, documentation, andlor data given to or prepared or assembled by CONSULTANT unlder this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval of CITY. ARTICLE 30 CONFLICT OF INTEREST CONSULTANT represents that it has provided a list of all current clients and the work anticipated to be performed for such clients during the term of this Agreement, which is attached hereto and incorporated herein by reference as Exhibit C, which are either subject to the jurisdiction of CITY or have an ongqing contractual relationship with CITY. CONSULTANT represents that the representation of these existing clients will not either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of CITY, consistent with the requirements on Section 61 GI 5-1 9.001 FAC. 9 During the term of this Agreement, CONSULTANT agrees not to provide Services for any developer, property owner, or other entity (other than those identified on Exhibit C) who has applied for or will be applying for a permit or other official sanction from CITY without the written consent of CITY. CONSULTANT shall promptly notify CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONSULTANT'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONSULTANT wants to undertake and request CITY'S response as to whether the association, interest, or circumstance would, in the opinion of CITY, constitute a conflict of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the opinion of CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONSULTANT, CITY shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the Services. (The remainder of this page left intentionally blank) 10 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement 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 LE GAL SUFFICIENCY By: ( Cxristine P. Tatum, City Attorney WITNESSES: CONSULTANT LBFH, INC. Y By: / (Corporate Seal) G:\attorney-ShareWGREEMENTSdan dark 2005 changes clean.doc 11 EXHIBIT A SCOPE OF SERVICES GENERAL CONTINUING SERVICES 1. Development Review Services a. CONSULTANT shall provide an assigned engineer to work in City Hall under the direction of the Growth Management Administrator a minimum of 40 hours per week. Parties recognized there will be times when the assigned engineer will be off-site. Consultant will make every effort to provide other qualified staff during the absence. b. CONSULTANT shall review land development applications submitted to CITY for compliance and consistency with applicable codes and shall make such recommendations as are necessary regarding engineering, surveying, and other technical matters. c. CONSULTANT shall attend Regular and Special Planning, Zoning, and Appeals Board Meetings. d. CONSULTANT shall calculate surety requirements required by the Land Development Regulations, and maintain, in the Growth Management Department, records of posted surety to ensure that all required surety is adequate and current. e. CONSULTANT shall review and approve certified impact fee credit calculations. 2. CONSULTANT shall attend the following: 0 Monthly Staff CITY CIP Meetings 0 Agenda Review Meetings 0 Department Head Meetings 0 Regular and Special Council Meetings 0 Northern Palm Beach County Improvement District Meetings 0 Seacoast Utility Meetings (only upon specific request of CITY) 3. CONSULTANT shall provide engineering oversight for all road projects within CITY, including county, state, or federal projects and shall serve as CITY Liaison with Palm Beach County Engineering Delpartment, the Florida Department of Transportation, and the Florida Turnpike Authority. 4. CONSULTANT shall participate in Emergency Operation Center activities, serving as the emergency liaison to Northern, Seacoast, and SFWMD. 5. CONSULTANT shall prepare and certify cost estimates necessary for preparation of the Capital lmprovemelnt Plan and the annual Capital lmprovements Element. 6. CONSULTANT shall provide support services for regulatory/permitting compliance. 7. ADD IT1 0 N AL SERVICES 1. Capital Improvement Projects (upon request and subject to the restrictions of Section 287.055, Florida Statutes): a. Perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding, and inspection services during construction for CITY capital improvement projects. b. Review the construction of capital improvements and site improvements by person or entities other than CITY. 2. For those projects for which CONSULTANT provides capital improvement oversight as specified above, CONSULTANT shall submit a Capital Improvement Update Report by the of each month. 3. Make technical investigations and submit findings and recommendations to CITY. 4. Provide support services to CITY for surveying and mapping, including Geographic Information Systems (GIs). PERFORMANCE STANDARDS 1. Development Review shall be accomplished within fourteen (14) working days of CONSULTANT’S receipt of written authorization from the City’s Growth Management Planning Manager. 2. CONSULTANT shall provide CITY with a list of designated personnel for each CITY department, and shall ensure a response to all department inquiries within twenty-four (24) hours of contact. 3. CONSULTANT shall be available to review and respond to CITY inquiries regarding billing matters at no cost to CITY. 4. If CONSULTANT attends a meeting as a representative of both CITY and another agency, CONSULTANT shall bill CITY only a pro-rata share of such attendance. 5. CONSULTANT shall submit a monthly acti~vity report and shall submit an annual engineering report no later than November 1’‘ outlining the previous fiscal year’s activities and accomplishments. 6. CONSULTANT shall attend monthly meetilngs with the CITY Manager to review goals and objectives, major issues, and project status. EXHIBIT B TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis . A . Personnel Hourly Billing Rates: Project Director ............................................................................... $1 34.00 Sr . Client Service Manager ............................................................. $1 28.00 Client Service Manager ................................................................... $1 07.00 Sr . Project Engineer ........................................................................ $107.00 Project Engineer V .......................................................................... $10 5.00 Project Engineer IV ........................................................................... $94.00 Project Engineer I I I ........................................................................... $88.00 Project Engineer II ............................................................................ $82.00 Project Engineer I ............................................................................. $76.00 Sr . Designer ....................................................................................... $91 . 00 Survey Client Service Manager ........................................................ $96.00 Designer ........................................................................................... $85.00 Sr . Professional Surveyor & Mapper ................................................. $91 . 00 Professional Surveyor & Mapper ...................................................... $80.00 Engineering & Survey Technician II .................................................. $74.00 Engineering & Survey Technician I ................................................... $64.00 Sr . Field Representative ................................................................... $91 . 00 Field Representative I I ...................................................................... $74.00 Field Representative I ................................ , ...................................... $59.00 GPS Equipment ................................................................................ $38.00 Administrative Support ...................................................................... $38.00 Survey Crew ................................................................................... $107.00 B . Outside contractual services secured by CONTRACTOR on CITY’S behalf shall be reimbursed at 104% of CONTRACTOR’S cost . EXHIBIT C CLIENT LIST Palm Beach County (Parks, Roads, Utilities outside City Boundaries) Northern Palm Beach County Improvement District (Civil Engineering outside City Boundaries) Seacoast Utility Authority (various Pipeline and Plant projects that don’t require review by the City) Kolter Development Corp. (Civil Engineering outside City Boundaries) Watermark Communities, Inc. (Civil Engineering outside City Boundaries) Florida Department of Transportation (Roads outside City Boundaries) The Gables (Civil Engineering outside City Boundaries) Centex Homes (Civil Engineering outside City Boundaries) EXHIBIT D McMahon and Associates, Traffic Engineering MTP Group, Traffic Engineering OGS&P, Architecture Bridge Design Associates, Structural Engineering PD & E, Signal and Intersection Design Bernard Kinney & Associates, Sound Engineers Odonnel, Naccarato, Mignogna, & Jacksan, Inc, Structural Engineering Aquadynamics, Pools C&W, Electrical Engineers Ardaman & Associates, Geothecnical Engineering Lidberg Land Surveying, Surveying Ground Hound Detection Services, Utility Location Gentile, Holloway, O’Mahoney, Landscape Architecture AGREEMENT FOR PROF E SSllO N AL SERVl C ES THIS AGREEMENT is made this day of , 2005, by and between the City of Palm Beach Gardens, Florida (hereinafter referred to as CITY) and LBFH, Inc. (hereinafter referred to as CONSULTANT), a Florida corporation, located in Palm City, Florida. WHEREAS, it is necessary for CITY to enter into a Continuing Contract, as that term is defined in Section 287.055, Florida Statutes, for professional engineering services on a non-exclusive basis; and WHEREAS, CONSULTANT represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE The effective date of this Agreement shall be Octaber 1,2005. The term of this Agreement shall be for a period of three years, but may be terminated as provided herein. ARTICLE 2 SERVICES TO BE PERFORMED BY CONSULTANT 2.1 GENERAL CONSULTANT shall perform the Services as specifically stated in the Scope of Work, which is attached hereto and incorporated herein by reference as Exhibit A, and as may be specifically designated and authorized by CITY. CONSULTANT acknowledges that this Agreement is non-exclusive and that CITY may, during the term of this Agreement, solicit additional engineering services through the “Consultants’ Competitive Negotiation Act” (CCNA), Section 287.055, Florida Statutes, for professional services in some or all of the following disciplines: Civil Engineering, Structural Systems Engineering, Construction Engineering Inspection (CEI), Transportation Engineering, Water and Wastewater Engineering, Electrical Systems Engineering, Surveying/Mapping Services, Architectural Design, Landscape Architect, Environmental Assessment and Geo- Technical Services. Nothing herein shall be interpreted to preclude CONSULTANT from participating in the CCNA process for all or any of the services described above. 2.2 WORK AUTHORIZATION Services will be authorized by the issuance of a Work Authorization. No services shall be performed until a Work Authorization has been executed as provided below. Each Work Authorization will set forth a specific Scope of Services, amount of compensation, a completion date, and shall be approved as follows: Work authorizations in excess of $50,000.00 shall be approved by the City Council. Work authorizations for development review in amounts less than $50,000.00 shall be approved by the Growth Management Planning Manager. Work authorizations for other services in amounts less than $50,000.00 shall be approved by the City Manager. No services exceeding the compensation established in a Work Authorization shall be performed until an Amended Work Authorization has been executed as provided above. ARTICLE 3 COMPENSATION 3.1 GENERAL As compensation for providing the Services enumerated in subsequent Work Authorizations, CITY shall pay CONSULTANT'S fees based on the rates stipulated in Exhibit B, attached hereto and incorporated herein by reference. CITY agrees that the rates reflected in Exhibit B are for FY 2006. Beginning October 1 , 2006 the rates in Exhibit B shall increase by an amount equal to the Consumer Price Index published by the Bureau of Labor Statistics for the Miami/Ft Lauderdale Region in effect as of October 1, 2006 and will remain in effect until September 30, 2007. Beginning October 1 , 2007 the rates in Exhibit B as modified on October 1 , 2006 shall increase by an amount equal to the Consumer Price Index published by the Bureau of Labor Statistics for the Miami/Ft Lauderdale Region in effect as of October 1, 2007 and will remain in effect until September 30, 2008. 3.2 BILLING CONSULTANT shall submit detailed itemized invoices to CITY no later than the seventh (7th) day of the month following the month in which the work was performed. Each invoice shall reference the number of the Work Authorization for such services. Payment shall be made no later than the 30th of the month. 2 ARTICLE 4 INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: 4.1 General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1 ,OOO,OOO), personal injury and advertising injury liability of not less than Three Hundred Thousand Dollars ($300,000), and general aggregate of not less than Three Hundred Thousand Dollars ($300,000). 4.2 Workers’ Compensation Insurance in accordance with statutory requirements and Employer‘s Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each accident, not less than One Million Dollars ($1,000,000) for each disease, and not less than One Million Dollars ($1,000,000) aggregate. 4.3 ($1,000,000) annual aggregate. Professional Liability Insurance with limits of not less than One Million Dollars The deductible amount for Professional Liability Insurance shall not exceed $200,000.00. Deductible amounts shall not exceed fifteen percent (1 5%) of the total amount of required insurance in each other category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance . CONSULTANT shall furnish CITY certificates of insurance which shall include a provision that policy cancellation, non-renewal, or reduction of coverage will not be effective until at least thirty (30) days’ written notice has been made to CITY. CONSULTANT shall include CITY as an additional insured on the general liability policy required by this Agreement. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved by CITY. ARTICLE 5 STANDARD OF CARE CONSULTANT represents to CITY that CONSULTANT is possessed of that level of skill, knowledge, experience, and expertise that is commensurate with engineering firms of national repute in the areas of practice required under this Agreement. CONSULTANT acknowledges that CITY has relied on CONSULTANT’S representations of skill, knowledge, experience, and expertise. By executing this Agreement, CONSULTANT agrees that CONSULTANT will exercise that degree of care, knowledge, skill, and ability as other engineers possessing the degree of skill, knowledge, experience, and expertise which CONSULTANT has claimed. CONSULTANT shall perform such duties as may be assigned without neglect. 3 CONSULTANT accepts the relationship of trust and confidence established by this Agreement, and covenants with CITY to cooperate with CITY and to utilize CONSULTANT’S best skill, efforts, and judgment commensurate with engineering firms of national repute in the areas of practice required for this Agreement. CONSULTANT agrees to perform each assignment in an efficient and economical manner consistent with the CITY’S interest. ARTICLE 6 I N DE M N I F I CAT1 0 N 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of the promises included herein, CITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 IN DE M N IF I CAT10 N CONSULTANT agrees to protect, defend, indemnify, and hold harmless CITY, its employees, and representatives from any and $11 claims and liabilities, including all attorneys’ fees and court costs, including appeal$, for which CITY, its employees, and representatives can or may be held liable as a result of injury to persons or damage to property occurring by reason of any negligent acts or omissions or willful misconduct of CONSULTANT, its employees, or agents arising out of or connected with this Agreement. CONSULTANT shall not be required to indemnify CITY or its agents, employees, or representatives when an occurrence results from the wrongful acts or omissions of CITY or its agents, employees, or representatives. 6.3 SURVIVAL Upon completion of all Services, obligations, and duties provided for in this Agreement or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONSULTANT shall work closely with CITY in performing Services under this Agreement. ARTICLE 8 COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. 4 ARTICLE 9 SUBCONSULTING CITY reserves the right to accept the use of a subconsultant or to reject the selection of a particular subconsultant. CONSULTANT has submitted a list of all subcontractors, which is attached hereto as Exhibit ‘IDii. Prior to engaging the services of additional subcontractors, CONSULTANT shall obtain written approval from CITY. If a subconsultant fails to perform or make progress as required by this Agreement and it is necessary to replace the subconsultant to complete the work in a timely fashion, CONSULTANT shall promptly do so, subject to aaceptance of the new subconsultant by CITY. Nothing herein shall be interpreted to preclude a subcontractor from participating in the CCNA process for all or any of the Services described above. ARTICLE 10 FEDERAL AND STATE TAXES CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, CITY will provide an exemption certificate to CONSULTANT. CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall CONSULTANT be authorized to use CITY’S Tax Exemption Number in securing such materials. ARTICLE 11 AVAILABILITY OF FUNDS The obligations of CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of CITY. ARTICLE 12 CITY’S RESPONSIBILITIES CITY shall be responsible for providing information on hand required by CONSULTANT, including existing reports, studies, planning information, and other required data that are available in the files of CITY. CITY designates the Operations Manager as Contract Manager to administer the provisions of this Agreement. ARTICLE 13 TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon sixty (60) days’ written notice to the other party. Unless CONSULTANT is in breach of this Agreement, CONSULTANT shall be paid for Services rendered to CITY’S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by CITY, CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 5 C. Transfer all work in process, completed work, and other material related to the terminated work to CITY. D. Continue and complete all parts of the work that have not been terminated. CONSULTANT shall be paid for Services actually rendered to the date of termination. ARTICLE 14 UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT 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 which 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, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. 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. ARTICLE 15 GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 16 NON-DISCRIMINATION CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, cobr, religion, gender, age, or national origin. ARTICLE 17 WAIVER A waiver by either CITY or CONSULTANT 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. 6 ARTICLE 18 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed 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 Article 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. ARTICLE 19 ENTIRETY OF AGREEMENT CITY and CONSULTANT 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 and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms, and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 20 M 0 D I F I CAT1 0 N This Agreement may be modified only by a written amendment executed by both parties. ARTICLE 21 SUCCESSORS AND ASSIGNS CITY and CONSULTANT each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assligns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of CITY via executed amendment. ARTICLE 22 CONTINGENT FEES CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 7 ARTICLE 23 TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by CONSULTANT shall act as the execution of a truth-in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of this Agreement. The said rates and costs shall be adjusted to exclude any significant sums should CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. CITY shall exercise its rights under this iiCertificate” within one (1) year following payment. ARTICLE 24 OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, or other information produced or prepared by CONSULTANT pursuant to this Agreement shall become the property of CITY for any lawful use and/or distribution as may be deemed appropriate by CITY. CONSULTANT shall provide an electronic copy of all documents and other information received by or produced by CONSULTANT pursuant to this Agreement, which electronic copies shall be forwarded to CITY via an FTP site, or such other format designated by CITY. ARTICLE 25 ACCESS AND AUDITS CONSULTANT shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. CITY shall have access to such books, records, and documents as required in this Article for the purpose of inspection or audit during normal working business hours at CONSULTANT’S place of business. ARTICLE 26 NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to CITY A$ to CONSULTANT City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Attention: CITY Manager LBFH, Inc. 2090 Palm Beach Lakes Blvd, Suite 600 West Palm Beach, Florida 33409 Attention: Daniel P. Clark, P. E. 8 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 transmissions received (Le., printed) after 5:OO 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 Article shall. be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. ARTICLE 27 CONTRACT AD M I N I STRATI 0 N Services of CONSULTANT shall be under the general direction of the CITY Manager or his designee, who shall act as CITY’S representative during the term of this Agreement. ARTICLE 28 KEY PERSONNEL CONSULTANT shall notify CITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (IO) days of said changes. CITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Daniel P. Clark, P. E. ARTICLE 29 CONFIDENTIALITY No reports, information, computer programs, documentation, and/or data given to or prepared or assembled by CONSULTANT under this Agreement shall be made available to any individual or organization by CONSULTANT without prior written approval of CITY. ARTICLE 30 CONFLICT OF INTEREST CONSULTANT represents that it has provided a list of all current clients and the work anticipated to be performed for such clients during the term of this Agreement, which is attached hereto and incorporated herein by reference as Exhibit C, which are either subject to the jurisdiction of CITY or have an ongoing contractual relationship with CITY. CONSULTANT represents that the representation of these existing clients will not either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of CITY, consistent with the requirements on Section 61 GI 5-1 9.001 FAC. 9 During the term of this Agreement, CONSULTANT agrees not to provide Services for any developer, property owner, or other entity (other than those identified on Exhibit C) who has applied for or will be applying for a permit or other official sanction from CITY without the written consent of CITY. CONSULTANT shall promptly notify CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONSULTANT'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONSULTANT wants to undertake and request CITY'S response as to whether the association, interest, or circumstance would, in the opinion of CITY, constitute a conflict of interest if entered into by CONSULTANT. CITY agrees to notify CONSULTANT of its opinion within thirty (30) days of receipt of notification by CONSULTANT. If, in the opinion of CITY, the prospective business associlation, interest, or circumstance would not constitute a conflict of interest by CONSULTANT, CITY shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the Services. (The remainder of this page left intentionally blank) 10 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement 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 (’ i/ - By: c //,I/ -- ki-&d Christine P. Tatum, City Attorney WITNESSES: CONSULTANT LBFH, INC. -_ By: 9J-d (Corporate Seal) G:\altorney-share\AGREEMENTS\dan dark 2005 changes clean.doc 11 EXHIBIT A SCOPE OF SERVICES GENERAL CONTINUING SERVICES 1. Development Review Services a. CONSULTANT shall provide an assigned engineer to work in City Hall under the direction of the Growth Management Administrator a minimum of 40 hours per week. Parties recognized there will be times when the assigned engineer will be off-site. Consultant will make every effort to provide other qualified staff during the absence. b. CONSULTANT shall review land development applications submitted to CITY for compliance and consistelncy with applicable codes and shall make such recommendations as are necessary regarding engineering, surveying, and other technical matters. c. CONSULTANT shall attend Regular and Special Planning, Zoning, and Appeals Board Meetings. d. CONSULTANT shall calculate surety requirements required by the Land Development Regulations, and maintain, in the Growth Management Department, records of posted surety to ensure that all required surety is adequate and current. e. CONSULTANT shall review and approve certified impact fee credit calculations. 2. CONSULTANT shall attend the following: 0 Monthly Staff CITY CIP Meetings 0 Agenda Review Meetings 0 Department Head Meetings 0 Regular and Special Council Meetings 0 Northern Palm Beach County Improvement District Meetings 0 Seacoast Utility Meetings (only upon specific request of CITY) 3. CONSULTANT shall provide engineering oversight for all road projects within CITY, including county, state, or federal projects and shall serve as CITY Liaison with Palm Beach County Engineering Department, the Florida Department of Transportation, and the Florida Turnpike Authority. 4. CONSULTANT shall participate in Emergency Operation Center activities, serving as the emergency liaison to Northern, Seacoast, and SFWMD. 5. CONSULTANT shall prepare and certify cost estimates necessary for preparation of the Capital Improvement Plan and the annual Capital Improvements Element. 6. CONSULTANT shall provide support services for regulatory/permitting com pl ia n ce . 7. ADDITIONAL SERVICES 1. Capital Improvement Projects (upon request and subject to the restrictions of Section 287.055, Florida Statutes): a. Perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding, and inspection services during construction for CITY capital improvement projects. b. Review the construction of capital improvements and site improvements by person or entities other than CITY. 2. For those projects for which CONSULTANT provides capital improvement oversight as specified above, CONSULTANT shall submit a Capital Improvement Update Report by the 15'h of each month. 3. Make technical investigations and submit findings and recommendations to CITY. 4. Provide support services to CITY for surveying and mapping, including Geographic Information Systems (GIs). PERFORMANCE STANDARDS 1. Development Review shall be accomplished within fourteen (14) working days of CONSULTANT’S receipt of written authorization from the City’s Growth Management Planning Manager. 2. CONSULTANT shall provide CITY with a list of designated personnel for each CITY department, and shall ensure a response to all department inquiries within twenty-four (24) hours of contact. 3. CONSULTANT shall be available to review and respond to CITY inquiries regarding billing matters at no cost to CITY. 4. If CONSULTANT attends a meeting as a representative of both CITY and another agency, CONSULTANT shall bill CITY only a pro-rata share of such attendance. 5. CONSULTANT shall submit a monthly activity report and shall submit an annual engineering report no later than November 1’‘ outlining the previous fiscal year’s activities and accomplishments. 6. CONSULTANT shall attend monthly meetings with the CITY Manager to review goals and objectives, major issues, and project status. EXHIBIT B TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis . A . Personnel Hourly Billing Rates: Project Director ............................................................................... $1 34.00 Sr . Client Service Manager ............................................................. $1 28.00 Client Service Manager ................................................................... $1 07.00 Sr . Project Engineer ........................................................................ $1 07.00 Project Engineer V .......................................................................... $1 05.00 Project Engineer IV ........................................................................... $94.00 Project Engineer Ill ........................................................................... $88.00 Project Engineer II ............................................................................ $82.00 Project Engineer I ............................................................................. $76.00 Sr . Designer ....................................................................................... $91 . 00 Designer ........................................................................................... $85.00 Survey Client Service Manager ........................................................ $96.00 Sr . Professional Surveyor & Mapper ................................................. $91 . 00 Professional Surveyor & Mapper ...................................................... $80.00 Engineering & Survey Technician II .................................................. $74.00 Engineering & Survey Technician I ................................................... $64.00 Sr . Field Representative ................................................................... $91 . 00 Field Representative II ...................................................................... $74.00 Field Representative I ....................................................................... $59.00 Survey Crew ................................................................................... $107.00 GPS Equipment ................................................................................ $38.00 Administrative Support ...................................................................... $38.00 B . Outside contractual services secured by CONTRACTOR on CITY'S behalf shall be reimbursed at 104% of CONTRACTOR'S cost . EXHIBIT C CLIENT LIST Palm Beach County (Parks, Roads, Utilities outside City Boundaries) Northern Palm Beach County Improvement District (Civil Engineering outside City Boundaries) Seacoast Utility Authority (various Pipeline and Plant projects that don’t require review by the City) Kolter Development Corp. (Civil Engineering outside City Boundaries) Watermark Communities, Inc. (Civil Engineering outside City Boundaries) Florida Department of Transportation (Roads outside City Boundaries) The Gables (Civil Engineering outside City Boundaries) Centex Homes (Civil Engineering outside City Boundaries) EXHIBIT D McMahon and Associates, Traffic Engineering MTP Group, Traffic Engineering OGS&P, Architecture Bridge Design Associates, Structural Engineering PD & E, Signal and Intersection Design Bernard Kinney & Associates, Sound Engineers Odonnel, Naccarato, Mignogna, & Jackson, Inc, Structural Engineering Aquadynamics, Pools C&W, Electrical Engineers Ardaman & Associates, Geothecnical Engineering Lidberg Land Surveying, Surveying Ground Hound Detection Services, Utility Location Gentile, Holloway, O’Mahoney, Landscape Architecture Request for Professioiial Services City of Palm Beach Gardens WORK AUTHORIZATION NO. CS - 0001 Department Requesting Service: Community Services Contact Person: Angela Wong. Ouerations Manager Phone: 804-70 10 Project Description: General engineering services for the following services: Agenda Preparation Meetings Department Head Meetings NPBCID Meetings Capital Improvement Project Meetings Emergency Operations Coordination Comprehensive Plan Amendments Planning and Zoning Board Meetings Palm Beach County Intergovernmental Coordination South Florida Water Management District Intergovernmental Coordination Miscellaneous Residential Responses The City CounciVCity Manager authorizes work to be performed on the above referenced project at an hourly rate. The City Council/City Manager may limit this authorization as set forth below, or as may be set forth in the attached writing. Maximum Number of Hours: Maximum Hourly Rate: Other: Not to exceed $90,000 as per FY 05/06 Budget Account Number: 001.30M.539.3150 Department Hzad Authori4ion U Date: City Manager PrioritizatiodNotes: City Manager/City Councilperson Date: Original to: City Clerk Copies to: Contact Person Finance Administrator City Engineer G:\community-services-shareWoms\Work Authorizations LBFH\Work Auth CS-000 1 .doc CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor/Council DATE: October 26,2005 FROM: SUBJECT: Charter Review Committee Patricia Snider, City Clerk @ As per your direction at the October 20, 2005 regular City Council meeting, the Charter Review Committee item will be brought back under Items for Council ActiodDiscussion so we may receive clarification and direction of advertising venues for the purpose of re- opening the application process. If you have any questions, please contact me. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 20,2005 Meeting Date: November 3,2005 SubjectlAgenda Item: Appointment Process for Board and Committees; Council Liaisons. [ ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: City Attorney cy-/ I Finance Director N/fi Submitted by: Department Director City Mqdager Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required costs: $ -(To ta I) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 17,2004 0 Staff Report 0 Resolution 120, 2004 Staff Report 0 Resolution 121, 2004 0 Staff Report B Code Sections Repealed by Ordinance 17, 2004 [ ]None Date Prepared: October 20,2005 Meeting Date: November 3,2005 Page 2 of 3 At several recent Council meetings, including the Council-Manager meeting on October IO, 2005, there were discussions concerning the structure of the City’s boards and committees created by Ordinance 17, 2004. At least two issues were mentioned in the Council’s recent discussions: 1) the appointment process for board and committee vacancies and 2) Council liaisons. These issues are discussed separately below. 1. Appointment of Members Prior to June of 2004, the regulations relating to boards and committees were found in Chapters 2, 46, and 78 of the Code of Ordinances. In an effort to establish uniform procedures for all boards and committees, the various separate sections were repealed in their entirety, and a new consolidated section was created. The current procedure for appointment of members is established in Section 2-86 of the Code of Ordinances. At the Council-Manager meeting, several suggestions were made, including elimination of staff recommendations, separate meetings to review applications, and one-on-one briefings before appointments. If the Council wishes to modify the process, this section would need to be amended. Section 2-86 provides: Except as otherwise provided in this Code, appointments on boards and committees shall be made at a regular city council meeting in accordance with the following procedures: (1)Vacancies in the board or committee membership shall be filled by appointment of an alternate member by the city council for the unexpired term of the member affected. If two vacancies occur at the same time, the second vacant seat shall be filled by the second alternate. (2) The city clerk shall provide the list of volunteers, including current members who seek reappointment, to the staff liaison for review and recommendation. (3) The list of qualified volunteers, the attendance and voting records, and the recommendations of the staff liaison shall be placed on the council agenda for cons id era t io n . (4)The city council may interview board and committee members who desire reappointment and volunteers from the city clerk’s list. (5) The city council shall, in public session, select the person needed to fill such vacancy. Date Prepared: October 20,2005 Meeting Date: November 3,2005 Page 3 of 3 2. Council Liaisons Section 2-86 of the Code as it existed prior to June of 2004 provided: Sec. 2-86 Role of council liaison If a council liaison is appointed to the board, the council liaison shall be a nonvoting member and shall not serve as a member on subcommittees. The council liaison shall assist the board in setting goals and objectives and ensure that all applicable codes and laws are adhered to. The council liaison shall provide updates at city council meetings on the board’s accomplishments and needs as well as communicate the council’s desires to the board. The council liaison shall allow the board to proceed with agenda discussion items without comment, however, shall act as a resource to the board on questions concerning council policy. However, Section 2-87 contained a somewhat contradictory provision that stated that the “chairperson shall preside at the board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. “ That same provision was carried over in Ordinance 17,2004 as the new Sec. 2-92 At the Council-Manager meeting, several suggestions were made, including a desire for better communication between the Council and the Boards, no liaison for the Planning, Zoning, and Appeals Board, as well as a discussion of whether liaisons should be rotated. If the Council wishes to re-establish council liaisons, it would be appropriate to either create a new section or to amend Section 2-89, as well as modify the chairperson/liaison provision of Sec. 2-92. As Amended at Second Reading -June 3,2004 Date Prepared: May 4,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 17,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO BOARDS AND COMMITTEES; REPEALING ARTICLE 111 OF CHAPTER 2, CODE OF ORDINANCES ENTITLED “BOARDS, COMMITTEES AND COMMISSIONS” IN ITS ENTIRETY; REPEALING ARTICLE II OF CHAPTER 46, ENTITLED “PARKS AND RECREATION ADVISORY 23, CODE OF ORDINANCES ENTITLED “PLANNING AND ZONING COMMISSION” AND “BOARD OF ZONING APPEALS,’’ RESPECTIVELY, IN THEIR ENTIRETY; REPEALING SUBSECTIONS 78-261 (c)(l) & (3) AND SUBSECTIONS 78=262(e)(l) BOARD’’ IN ITS ENTIRETY; REPEALING SECTIONS 78-22 AND 78- & (2) IN THEIR ENTIRETY; RENUMBERING SECTIONS 2-172, 2- 173, AND 2-174, COLLECTIVELY, CODE OF ORDINANCES TO BE SECTION 78-56, CODE OF ORDINANCES TO BE ENTITLED “ADMINISTRATIVE APPEALS”; CREATING A NEW CHAPTER TO BE ENTITLED “BOARDS AND COMMITTEES” TO ESTABLISH GENERAL POLICIES AND PROCEDURES FOR BOARDS AND COMMITTEES; CREATING THE ART IN PUBLIC PLACES ADVISORY BOARD; CREATING THE COMMUNITY AESTHETICS BOARD; CREATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; CREATING THE PARKS AND RECREATION ADVISORY BOARD; CREATING THE PLANNING, ZONING, AND APPEALS BOARD; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS FOR SUCH BOARDS; MODIFYING CERTAIN REFERENCES THROUGHOUT THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Article Ill of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” is repealed in its entirety. Article II of Chapter 46, entitled “Parks and Recreation Advisory Board” is repealed in its entirety Sections 78-22 and 78-23, Code of Ordinances entitled “Planning and Zoning Commission” and “Board of Appeals,” respectively, are repealed in their entirety. Subsections 78- 261 (c)(l) & (3) and subsections 78-262(8)(1) & (2) are repealed in their entirety. SECTION 2. Sections 2-1 72, 2-1 73, and 2-1 74 collectively, Code of Ordinances are renumbered to be Section 78-56, Code of Ordinances, to be entitled ”Administrative Appeals”. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 SECTION 3. All orders, actions, and recommendations previously made by boards and committees are hereby ratified and confirmed. SECTION 4. A new Article 111, Chapter 2, Code of Ordinances to be entitled "Boards and Committees" is created to read: ARTICLE 111. BOARDS AND COMMITTEES DIVISION 1. GENERALLY Sec. 2-81. Purpose. The purpose of the following sections is to set forth procedures by which the various city boards and committees function. Boards and committees are established to provide recommendations to and assist the city council with issues of concern in the city. Except as specifically provided herein, all boards and committees are advisory only, and the creation of advisory boards and committees does not diminish or alter in any way the statutory and constitutional authority of the city council. Sec. 2-82. Scope. The provisions of this article shall apply to all boards and committees of the city and shall govern all members thereof. Neither "board" nor "committee" shall be construed to include the city council. Sec. 2- 83. Creation of Boards and Committees. (a) Boards. The city council may, by ordinance, create a board in connection with any functions of the city. The ordinance creating such board shall specify the purpose, powers, and duties of the board, and shall specify the number, qualifications, and terms of office of the members thereof. (b) Committees. The city council may, by resolution, create a committee whose purpose is to advise the city council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist. The resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof. Sec. 2-84. List of volunteers. The city clerk shall prepare and maintain a list of volunteers comprising those persons who have indicated an intention and willingness to serve as members of city boards and committees if appointed by the city council for such purpose. Any preference of the volunteers to serve on a particular board or committee shall be so stated. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17, 2004 Sec. 2-85. Announcement of vacancies. All vacancies in the membership of any appointive city board or committee shall be announced by posting a notice of the same at a public place in city hall, by publishing a copy thereof in a newspaper of general circulation in the city, by posting an announcement on the city website, or by such other method deemed appropriate by the city, not less than five (5) days prior to the date at which the city council may interview candidates to fill any such vacancies. The city clerk shall also furnish to any member whose term is expiring a notice of such expiration and advise if the member is eligible for reappointment. Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for membership of boards and committees. Except as otherwise provided in this Code, appointments on boards and committees shall be made at a regular city council meeting in accordance with the following procedures: Vacancies in the board or committee membership shall be filled by appointment of an alternate member by the city council for the unexpired term of the member affected. If two vacancies occur at the same time, the second vacant seat shall be filled by the second alternate. The city clerk shall provide the list of volunteers, including current members who seek reappointment, to the staff liaison for review and recommendation. The list of qualified volunteers, the attendance and voting records, and the recommendations of the staff liaison shall be placed on the council agenda for consideration. The city council may interview board and committee members who desire reappointment and volunteers from the city clerk's list. The city council shall, in public session, select the person needed to fill such vacancy. Sec. 2-87. Records. The city clerk shall maintain the attendance record and the voting record of the members of all city boards and committees. Sec. 2-88. Compensation of members. provided by ordinance or resolution of the city council. Board and committee members shall serve without compensation except as may be 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: May 4,2004 Ordinance 17,2004 Sec. 2-89. General provisions. Members of boards and committees: Shall serve at the pleasure of the city council. Shall, except as otherwise provided by state law or ordinance, be a resident of the city, maintain residency in the city during the term of appointment, and meet such other eligibility requirements as may be established by ordinance or resolution. Shall not hold any employment or office in the government of the city or any contractual relationship with the city, unless particularly specified herein. Shall serve on only one board or committee of the city. Shall not appear before that board or committee or the city council as agent or attorney for any person. Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. Must attend the meeting in person. No member shall participate as a member of any board or committee meeting or vote on any matter by telephone, video conferencing, or by any other electronic means. Sec. 2-90. Terms of members. (a) Terms of members shall be established in the ordinance or resolution creating the board or committee. (b) Members whose terms have expired shall continue to serve until their successors are appointed. (c) Board and committee members may be reappointed to successive terms, but shall serve no more than six (6) consecutive years, and no member shall be eligible for appointment to the same board until one year from the date the person left the board. Sec. 2-91. Alternates. (a) The city council shall designate a first alternate and a second alternate for each board or committee. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 (b) Alternates may participate in the discussion of matters coming before the board or committee, but may vote only when any regular member is absent from a scheduled meeting. (c) At all meetings, the chairperson of the board shall note for the record any member who is absent. (d) In the absence of a regular member, the first alternate shall sit in the absent member's place. In the absence of a second regular member, the second alternate shall sit in that absent memberk place. Sec. 2-92. Officers. (a) All boards and committees shall, at a meeting during the month of January, elect a chairperson and a vice-chairperson, and any other officers as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice- chairperson are absent, the board or committee shall appoint a chairperson pro tempore to assume the duties of the chairperson. Sec. 2-93. Rules. Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the city council. Sec. 2-94. Meetings. (a) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law. Special meetings shall not be held unless at least twenty-four (24) hours notice is given to each member and the city clerk. (b) Members shall notify the staff liaison if they are unable to attend a meeting. The staff liaison shall notify the alternate that hidher attendance is required. If a quorum will not be present, the scheduled meeting shall be cancelled. The staff liaison will notify the city clerk of any cancellation and the member(s) absent. (c) A quorum for the transaction of business shall be established in the ordinance or resolution creating the board or committee. 5 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (d) An audio recording shall be made of all meetings. Additionally, minutes shall be kept of the proceedings at each meeting and shall record the official acts taken by the board or committee. Audio recordings and minutes shall be maintained by the city clerk. (e) All meetings and public hearings of boards and committees shall be open to the public. All meetings shall be governed by Government-in-the-Sunshine pursuant to Section 286.01 1, Florida Statutes. Sec. 2-95. Quorum and required vote. A quorum for the transaction of business shall consist of four (4) members for boards and committees with seven (7) members. A quorum for the transaction of business shall consist of three (3) members for boards and committees with five (5) members. A quorum for the transaction of business shall consist of two (2) members for boards and committees with three (3) members. The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other matter shall be deemed denied. Sec. 2-96. Removal of members. (a) Except as othemvise provided by ordinance, any member who no longer resides within the city during hislher term shall automatically cease to be a member of the board and shall inform the city clerk's office. Any member of the planning, zoning, and appeals board who is absent from 6k @j four (4) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the board. Any member of any other board or committee who is absent from three (3) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the respective board or committee. Automatic removal of a member shall cause a vacancy to exist in the membership of the particular board or committee. The city clerk shall send written notice of such automatic removal to the affected member. (c) All board and committee members shall serve at the pleasure of the city council and may be removed without cause by a majority vote of the city council, unless othewise provided by the Charter or Florida Statutes. Sec. 2-97. Resignation of members. Members of boards or committees may resign at any time, by submitting a resignation to the city clerk. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 7 Date Prepared: May 4,2004 Ordinance 17,2004 Sec. 2-98. Clericalltechnical support. The city manager may furnish the board or committee necessary clerical services and technical assistance. Sec. 2-99. Dissolution of boards. The city council may dissolve a board or committee if the city council determines that the board is no longer needed to meet the purposes for which it was established. DIVISION 2. ART IN PUBLIC PLACES ADVISORY BOARD Sec. 2-1 05. Creation. There is hereby created the Art in Public Places Advisory Board. Sec. 2-106. Purpose. The purpose of the art in public places advisory board is to promote greater public participation in, and access to, arts and culture in the city and to make recommendations to the city council to implement the art in public places regulations, including site and artwork selection and review of artist(s) and artwork(s) commissioned or purchased by the city. Sec. 2-107. Powers and Duties. The art in public places advisory board shall have the following powers and duties: (1) Review submissions of existing or commissionable works of art and make recommendations to the city council. (2) In the development review process, the board shall review the proposed art in public places location on site and make recommendations to the applicant on the most suitable location for art on site. (3) Make recommendations to the city council on expenditures of art impact fees. Sec. 2-108. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (I) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 Appointments shall be made by the city council based on experience and interest in arts and cultural issues in the city and shall, whenever possible, include persons who have professional expertise or substantial volunteer involvement in: Visual, performing, or literary arts. Architecture, design, or urban planning. Arts and cultural institution management. Education. Sec. 2-1 09. Meetings. (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 3. COMMUNITY AESTHETICS BOARD Sec. 2-1 15. Creation There is hereby created the Community Aesthetics Board. Sec. 2-1 16. Purpose The purpose of the community aesthetics board shall be to provide recommendations to the city council with a broad outlook towards present and future community improvements which aesthetically enhance the neighborhoods and open space within the city. Sec. 2-1 17. Powers and Duties. The board shall have the following powers and duties: (I) At the request of council, review and provide recommendations on public roadway beautification projects. (2) Approve community and neighborhood improvement grant applications. (3) Review and provide recommendations on public environmental projects. (4) Issue city beautification and/or environmental awards. (5) Represent the city as the official “Tree Board” in developing a comprehensive community tree management plan for the care of trees on public property. 8 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (6) Report to the city council as requested on special projects relating to community aesthetics and open space. Sec. 2-1 18. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (I) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Appointments shall be made by the city council based on experience and interest in improving community and neighborhood aesthetics and shall, whenever possible, include members with a background in building construction, architecture, urban design, horticulture, landscaping, and related fields. Sec. 2-1 19. Meetings. Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 4. ECONOMIC DEVELOPMENT ADVISORY BOARD Sec. 2-125. Creation. There is hereby created the Economic Development Advisory Board. Sec. 2-126. Purpose. The purpose of the economic development advisory board is to provide private sector insight, business expertise, and recommendations to the city to encourage and facilitate a balanced and diversified economic base compatible with the city’s quality environment. Sec. 2-127. Powers and Duties. The board shall have the following powers and duties: (1) Review and approve applications from companies wishing to qualify for the expedited permitting program. (2) Identify growth industries to diversify the city’s economy. (3) Develop action plans to leverage both national and local economic trends. 9 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (4) Act as good-will ambassadors to companies seeking to relocate or expand operations toh Palm Beach Gardens. (5) Identify proper venues to reach the city’s target market of value-added employers. Sec. 2-128. Membership. The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. Members of the board shall own and/or operate a business within the city, and need not be a resident of the city. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: A representative of the Business Development Board of Palm Beach County, Inc. A representative of the North Palm Beach County Chamber of Commerce, Inc. A representative of the PGA Corridor Association, Inc. Representatives of private-sector value added businesses. Sec. 2-1 29. Meetings. (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than four (4) times per year. DIVISION 5. PARKS AND RECREATION ADVISORY BOARD Sec. 2-1 35. Creation. There is hereby created the Parks and Recreation Advisory Board. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11 Date Prepared: May 4,2004 Ordinance 17,2004 Sec..2-136. Purpose. The purpose of the parks and recreation advisory board shall be to serve as advocates for the citizens by conducting constructive investigation, discussion, and review; providing advice to the Community Services department, city manager, and city council with a broad outlook towards improving present recreational facilities and increasing utilization of the facilities by the public; and evaluating and recommending future community needs for recreational projects and facilities. Sec. 2-137. Powers and Duties. The parks and recreation advisory board shall have the following powers and duties: (1) Investigate matters referred by the city council and submit reports to the council on such matters. (2) Review and make recommendations to the city council concerning parks and recreation issues. (3) Participate in visioning, strategic planning, and development of a Capital Improvements Plan to address the recreational needs of the city. (4) Conduct public participation meetings on issues related to parks and recreation. (5) Survey the community recreational needs and develop recommendations to meet those needs. Sec. 2-138. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (I) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: (I) A participant in senior targeted activities. (2) A tennis center participant. (3) A golf course participant. (4) A recreational programming participant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: May 4,2004 Ordinance 17,2004 . (5) An aquatics programming participant. (6) An adult sports programming participant. (7) An arts and cultural advocate. (8) A special population advocate. (9) A volunteer from the PBG Youth Athletic Association. Sec. 2-1 39. Meetings. (a) Meetings shall be at the call of the chair, provided the board shall convene no less often than eight (8) times per year. DIVISION 6. PLANNING, ZONING, AND APPEALS BOARD Sec. 2-145. Creation. There is hereby created the Planning, Zoning, and Appeals Board. Sec. 2-146. Purpose The purpose of the planning, zoning, and appeals board is to make recommendations to the city council on development petitions that appear before the board, and hear and decide upon variance requests and appeals to administrative decisions made by the administrative officials of the city on issues related to the land development regulations. Sec. 2-147. Powers and Duties. The City Council hereby authorizes the board to hold and perform the following powers and duties: (1) Review and make recommendations to the city council on site plans, master site plans for planned unit developments, planned community developments, and major amendments thereto. (2) Hold workshops and public hearings on development petitions presented to the board. (3) Review all requests for zoning changes prior to review of said changes by the city council. 12 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (4) Review and make recommendations to the city council on requests for annexation of lands into the city, together with requested land use and zoning of the annexed lands. Act as the land development regulation commission to develop and recommend land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the city council regarding its findings. Act as the local planning agency to develop and recommend to the city council comprehensive plan and future land use map revisions. Hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city’s land development regulations. Hear and decide on all variance requests in accordance with Section 78-53 of the city’s land development regulations. The board shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. Sec. 2-148. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Additionally, there shall be a representative of the school district appointed by the school board as a nonvoting member. Initial appointment of members of the Board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Members of the board shall be residents of the City of Palm Beach Gardens, and shall be chosen from the following professions as outlined below: (1 ) At least one of the following disciplines: Architects Landscape Architects Planners 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: May 4,2004 Ordinance 17,2004 At least one of the following disciplines: Attorneys Engineers Real Estate Professionals Environmental Professionals Land Surveyors At least one of the following: One resident at large Sec. 2-149. Meetings. less often than once every two (2) months. terms shall be modified as follows: Meetings shall be at the call of the chairperson, provided the board shall convene no SECTION 5. All references throughout the Code of Ordinances to the following Art in Public Places Advisorv Board 1 Communitv Aesthetics Board Plannina. Zonina. and Ameals Board Planninq. Zoninq. and Aweals Board SECTION 6. Codification. Codification of this Ordinance is hereby authorized and directed. SECTION 7. Effective Date and Transitional Provisions. Except as specified herein, this Ordinance shall be effective immediately upon adoption. The effective date of Sections 2-108, 2-118, 2-128, 2-138, and 2-148 shall be October I, 2004. Members of all boards and committees serving as of the date of adoption of this Ordinance shall continue as members until October 1, 2004, at which time the terms of all members of all boards and committees shall cease. 14 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this 267W day of ,2004, upon first reading. PASSED AND ADOPTED this ,* day of T& ,2004, upon second and final reading. FOR AGAINST ABSENT J J J J J ATTEST BY: Patricia Snider, City Clek APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: \\qbgsfile\Attomeybtey_share\ORDINANCES\~rds and commissions - ord 17 2004 clean.doc 15 Date Prepared: May 6,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 120,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE EDUCATION ADVISORY COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish an Education Advisory Committee. 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. Q SECTION 2. Creation. There is hereby created the Education Advisory Committee. This Committee is created for a period of one (1) year from the effective date of this Resolution and shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The primary purpose of the Education Advisory Committee is to promote quality public education for youth and adults through advocacy, support, and discussion of issues facing local educational entities. Advisory only in nature, this committee provides a communication link between City Council and Citizens on matters that face public education, school development, and student achievement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 6,2004 Resolution 120,2004 SECTION 4. Powers and Duties. The Committee shall have the following powers and duties: (1) Investigate and report on matters directed to the Committee by City Council. (2) Encourage broad-based citizen participation concerning public educational (3) Establish annual awards programs on behalf of the City Council, recognizing (4) Support the development of educational resources within the community, (5)Provide an annual report to the Council on the status of education within the (6)Host an annual educational forum where citizens can interact and discuss (7) Encourage information exchange during Committee meetings to facilitate the exchange of knowledge about individual school operations. (8) Develop recommendations for the City Council regarding suggested actions to be taken to affect the quality of local schools or to support issues related to educational legislation. SECTION 5. MEMBERSHIP. (a)The committee shall consist of seven (7) regular members and two (2) alternates. All members shall be appointed for a term of one year. (b) Members of the committee shall have served in a volunteer or paid capacity with an educational entity for minimum of one year. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: (1) A person currently employed as a youth educator. (2) A person currently employed as an adult educator. (3) A person the business community within the City. services within the City limits. outstanding students, teachers, and community leaders. including adult education and lifelong learning. community. issues, hopes, and concerns with local educational entities. 2 Date Prepared: May 6,2004 Resolution 120,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 6. MEETINGS. Meetings shall be at the call of the chairperson, provided the committee shall convene no less often than eight (8) times per year. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of rddt ,2004. CITY OF PALM BEACH GARDENS, FLORIDA - ATTEST: BY: , Mayor BY: - - Patricia Snider, City Clhrk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT J MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBERCLARK --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- 0 / J 0 \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\EDUCATlON ADVISORY COMMITTEE.doc 3 Date Prepared: May 6,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 121,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE BUDGET OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish a Budget Oversight Committee. NOW, THEREFORE, BE IT RESOLVED OF PALM BEACH GARDENS, FLORIDA that: BY THE CITY COUNCIL OF THE CITY SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Creation. There is hereby created the Budget Oversight Committee. This Committee is created for a period of two (2) years from the effective date of this Resolution, but shall only meet as provided in Section 6 herein. The Committee shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The purpose of the Budget Oversight Committee is to provide citizen input for the budget process. SECTION 4. Powers and Duties. The committee shall have the following powers and duties: R Date Prepared: May 6,2004 Resolution 121,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4s 46 (1) Review the proposed operating and capital improvements budget as prepared by staff. (2) Request information from staff in order to analyze the proposed operating and capital improvement budget. (3) Review the recommended spending plan for compliance with current adopted financial policies, Le., fund balance levels, debt service coverage, etc. (4)Make a recommendation to Council during the budget adoption process to approve the proposed operating and capital improvement budget, as submitted. SECTION 5. MEMBERSHIP. (a) The committee shall consist of three (3) regular members. All appointments shall be for a term of two (2) years. (b) Members of the committee shall: 1. Be either a resident of the City of Palm Beach Gardens, or the owner and/or operator of a business within the City. 2. Possess considerable experience in a financial related discipline, such as banking, finance/accounting, managemenumanagement consulting, or be a small business owner. SECTION 6. MEETINGS. Meetings shall be at the call of the chair, provided the committee shall convene no less often than twice during the budget preparation cycle (June - September). SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 6,2004 Resolution 121,2004 PASSED AND ADOPTED this fl day of XI& ,2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: -- - --t BY: Is, Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFI C IEN CY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBERCLARK --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- J / / L/ w \\pbgsfile\Attorneytattorney-share\RESOLUTlONS~udget oversight committee - reso 121 2004.d~ 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 SubjectlAeenda Item: Ordinance 17, 2004 (second reading), amending the city advisory boards and committees, to establish general policies and procedures and to update the purpose, powers and duties, and membership criteria for such boards and committees. Resolution 120,2004, creating the Education Advisory Committee, and Resolution 121,2004, creating the Budget Oversight Committee. [ X ] Recommendation to APPROVE Recommendatioi Reviewed by: City Attorney Submitted by: Sheryl Stewart, Assistant to the City Manager to DENY Originating Dept.: Administration Advertised Date: Paper: [ ] Not Required Affected parties wotified [ ]Notrequired :om: $ (Total) $- Current FY Funding Source: [ 1 operaw [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ]Denied r 1 Continued to: Attachments: 0 Ordinance 17,2004 Resolution 120,2004 0 Resolution 12 1,2004 0 Liaisons Chart 0 Board member survey SUtlllIlilIy CounciI-Manager Form of Government Report surrnnary [ ]None Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND Council unanimously approved on first reading Ordinance 17, 2004, amending the city advisory boards and committees. During first reading, Council discussed changing Section 2-96 (b) of the general procedures in Ordinance 17,2004, to indicate that any member of the planning. zoning and appeals board who is absent from four (4) consecutive regular meetings or 25% of regular meetings in a twelve (1 2) month period would automatically be removed as a member of the board. Currently, the ordinance reads that any member of the planning, zoning and appeals board who is absent six (6) consecutive regular meetings or 25% in a twelve month period would automatically be removed. This change to the Ordinance would have to be read into the record as part of Council’s motion to adopt the Ordinance on second reading, PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission (Commission) held a public hearing on May 25,2004 and recommended approval with four changes to Ordinance 17,2004 to the City Council with a vote of 5-1. Commissioner Michael Panczak voted against approval of Ordinance 17, 2004. The Commission proposed the following changes to the subject ordinance: Limit the members to one-year terms. Ordinance 17,2004 proposes two-year terms. Eliminate the six-year maximum number of years that a member can serve on the Commission. Ordinance 17,2004 proposes a six-year maximum after which a member is eligible to re-apply for appointment to the Commission provided a waiting period of one year has passed. Substitute the six consecutive absences with four after which a member is automatically removed fiom the Commission. Ordinance 17,2004 proposes six consecutive absences or 25% of all meetings of an entire year. Retain the function of reviewing site plans and architecture associated with said plans. Ordinance 17, 2004 does not propose to take this function away from the Commission as an interim measure at this time. Regarding each point above, staff believes the following: 0 0 Two-year terms are appropriate and would provide continuity on each board and committee. The proposed one-year waiting period for any member who has served for six years on a board or committee before applying again for an appointment affords an opportunity for other applicants/City residents to serve on a board or committee. The existing language in the Code limits the maximum number of years to be served to six years, but a member may serve for additional years if granted a waiver by the City Council. 2 Staff agrees with the Commission on reducing the six consecutive absences to four because six absences are excessive and can be disruptive to the Commission as a whole. The City Council also directed staff to reduce it to four during the City Council’s review of Ordinance 17,2004 on First Reading. 0 Ordinance 17,2004 does not propose to take the function of reviewing individual site plans and architecture from the Commission at this time. However, staff will be reviewing the Code and proposing to make amendments to it to permit staff to review and armrove site plans within Planned Unit Developments WDs) and Planned Communitv Developments (PCDs) as soon as time allows. The obiectives will be to eliminate between three to four months of the review and approval process. use staff time more efficientlv by not having to prmare agenda items for the Commission and the Citv Council, and to differentiate between policv and implementation. The Citv Council reviews and approves PUDs and PCDs because they involve Dolicy decisions, whereas site plans within PUDs and PCDs are the implementation of such policy so long as they are consistent with the desin widelines and development orders. STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on second reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. In addition, staff recommends approval of companion Resolutions 120 and 121,2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. 3 Date Prepared: May 4,2004 Meeting Date: May 20,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND During the Council Meeting on April 1,2004, Council discussed staff’s recommendations provided in response to Council’s directives concerning the City advisory boards and committees, including improvements to the liaison system and the board process as a whole. Attachment 1 is an executive summary of the rmort discussed. There was Council consensus for having staff to serve as the liaisons to internal boards and special project committees. For those boarddcommittees that did not already have staff liaisons, the City Manager has appointed staff, as shown on Attachment 2, the updated liaisons chart. In addition, there was also Council consensus directing staffto bring back the necessary ordinance and resolutions to amend the boards and committees program, as well as to establish an updated and clear purpose, duties and membership information for each board and committee. Based on Council’s feedback on April 1,2004, staff prepared the attached proposed ordinance and resolutions according to the approach summarized below. PART I: ESTABLISH GENERAL POLICIES AND PROCEDURES FOR ALL BOARDS The proposed new Article within the Code of Ordinances deletes the twovision for council liaisons for internal boards and committees, and for consistency, efficiency and effectiveness purposes standardizes the organizational and operational procedures which will Dertain to all boards and committees, highlighted as follows: 1. Distinauishes between a board and a committee bv definition. Boards will be created by ordinance, to exist on an on-going basis in order to advise council on any function of the city. Committees will be created by resolution, to exist for a specific period of time in order to advise council on an item of special nature. 2. Centralizes tasks related to board and committee records maintenance. member amlication. and amointment Drocess within the Citv Clerk’s Office. This includes maintaining a list of those who have applied and are interested to serve as members, notification regarding term expiratiodappointment and eligibility for reappointment. The city clerk will also maintain attendance and voting records, minutes, audio tape recordings and records of official acts taken by the board or committee. 3. Provides for a process for announcing and filling vacancies on boards and committees. This includes posting notices on the city’s website and in city buildings and publishing ads at least five days prior to the date at which city council may interview candidates to fill vacancies. The proposed ordinance clarifies that vacancies for unexpired terms will be filled by appointment of an alternate member, and if two vacancies occur at the same time, the second vacant seat will be f-. 2 4. Establishes Drocedures for city council to make appointments during a regular city council meeting, based upon obiective criteria. The staff liaison will review the list of interested members, including current members who seek reappointment, determine if they meet the proposed qualifications for serving on the board or committee, and prepare recommendations regarding appointments for council to consider. During a public meeting, the council may interview those who seek appointment or reappointment, and then make their selection@). 5. Continues the residency reauirement for board and committee members. unless otherwise provided by ordinance or resolution. For example, on the proposed Economic Development Advisory Board and the Budget Oversight Committee a member may own or operate a business in the city. 6. Includes general provisions to avoid any perceived or actual conflicts of interest by addinn that members cannot be employed bv or have any contractual relationship with the city, unless otherwise provided by ordinance. Also added is that members can only serve on one board or committee at anv one time: this will apply to all boards/ committees, including pension boards. 7. Establishes term limits. Members will not be allowed to serve more than six consecutive years. To meet the intent, they must then wait one year from the date they left the board before amlvinq to serve again. 8. Establishes for all boards the election of a chair and vice-chair during Januw each year. 9. Establishes basic rules for meetings, which will be open to the public in accordance with Florida Sunshine Laws, with minutes and audio tape recordings of such meetings. Members will be required to notifjl the staff liaison if they cannot attend a meeting. The proposed ordinance eliminates the lanrmage regarding excused and unexcused absences. Along with the definition of what constitutes a quorum, the Droposed ordinance indicates that if a CIUO~ is not Dresent, the meeting will be cancelled. 10. Provides for staggered membership terms, and updates how members can be removed to include that any member who is absent 25% of the regular meetings in a year will automatically be removed. PART 11: RE-EXAMINE EACH BOARD AND COMMITTEE Applying the proposed standards outlined above, staff looked at each existing board and committee. re-examined its DurDose. duties and membershb criteria, and considered whether it should be established as a board (bv ordinance), or as a committee (by resolution). Should Council approve, following the general requirements section of the proposed new Article in the Code, each board will have its own section with updated information. Below is a summary of staff's analysis of the boards and committees, and the proposed updates to them. One of the common provisions being proposed for consistency is that the boards will be composed of seven regular members and two alternates. 3 Art in Public Places Advisorv Board: Staff proposes changing the name from the Art Advisory Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to promote greater public participation in and access to arts and culture in the city. In addition to screening submissions of art work and making recommendations to city council, the board would have the responsibilities specifically related to implementing the city’s art in public places program, including making recommendations on site location and artwork selection, and on expenditures of art impact fees. Membership qualification criteria have been added in an effort to include people, when possible, with professional expertise or substantial volunteer involvement in visual, performing or literary arts, architecture, design or urban planning, arts and cultural institution management, or education. Communitv Aesthetics Board: Staff proposes changing the name from the Beautification and Environmental Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide recommendations to council with a broad outlook towards present and future community improvements that aesthetically enhance the neighborhoods and open space in the city. Prior to this update, the board was mainly responsible for the preparation of a beautification master plan, which has been completed. The board would now have the specific responsibilities, such as providing recommendations about public roadway beautification projects, approving neighborhood improvement grant applications, issuing city beautificatiodenvironmental awards, and serving as the city’s oficial “Tree Board.” Membership qualification criteria have been added in an effort to include people, when possible, with a background related to building construction, architecture, urban design, horticulture or landscaping. Economic Development Advisow Board: Staff proposes changing the name from the Economic Development Oversight Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide private sector insight, business expertise and recommendations to the city to promote a balanced, diversified economic base for the city. Membership qualification criteria have been provided in an effort to include representatives from the Business Development Board of Palm Beach County, North Palm Beach County Chamber of Commerce, PGA Corridor Association, and value-added private sector businesses. Parks and Recreation Advisow Board: Staff proposes to clearly define the board’s purpose in the code, which is to advise, review information and provide public input, support and advocacy for the future development of parks and recreation resources for the community. Membership qualification criteria have been added in an effort to include people, when possible, with experience and interest in many of the city’s recreation services. Planning. Zoning and Ameals Board: Staff proposes to combine the Planning and Zoning Commission and Board of Zoning Appeals into one board with a new name in the code, and to define its purpose which is to review and make recommendations to city council on development petitions, and hear and decide on variance requests and appeals to administrative decisions related to the land development regulations (LDRs). The board powers and duties include making recommendations on site plans, master site plans for planned unit developments (PUDs), planned community developments (PCDs) and major amendments to these plans, annexation petitions and 4 zoning requests. As the Land Development Regulation Commission and the Local Planning Agency, the board will continue to review and recommend amendments to the LDRs and Comprehensive Plan, respectively. Membership qualification criteria have been added to require that at least one member has a background from two specific types of professional disciplines, related to (1) architecture or planning, and (2) engineering, law, real estate, land surveying or the environment. Also, there will be a representative of the school district appointed by the school board as a nonvoting member. The board will continue to review and make recommendations on site plans as an interim measure until staff has adequate time to study and draft amendments to the citv’s land develoDment remlations to permit staff to review and approve individual site plans within PuDs and PCDs at staff level. It is staff’s goal to streamline and expedite the development review and approval process for site Dlans. This will provide staff with more responsibility and flexibility to make the technical decisions about pro-jects based upon obiective criteria that will be established. Education Advisorv Committee: Staff proposes changing the name of the board to make it a committee with a clearly defined purpose, which would be to serve as advocates for improving the quality of public education in the city. As directed by Council, this committee will be established by resolution for one year, with clearly defined duties and meeting requirements. At the end of one year, staff will review whether the committee has been effective and should be extended, or whether it should stand dissolved. Like other boards and committees, membershp qualification criteria have been proposed to include individuals with a background in the education profession and business community. Also, staff will make an effort to involve students from the local magnet school programs in a nonvoting capacity. Budpet Oversight Committee: Staff proposes establishing this committee by resolution for the specific purpose of providing citizen input to the city’s annual budget process, as has been the practice over the past several years. Members will be appointed based upon their background related to business, banking, finance or management, and will serve for a term of two years, which will allow staff the opportunity to re-evaluate its effectiveness on a bi-annual basis. BoarddCommittees Survev: To assist in the analysis process, staff sent a survey to the existing board and committee members for their feedback and input. Attachment 3 is a summary of the responses, which indicate a 60% rate of participation in the survey. Most members indicated that they understood the purpose of their boardcommittee, and most would like to be considered for re- appointment. PART 111: IMPLEMENTATION STRATEGY Unon Council’s armoval of the ordinance. staff will re-evaluate the existing comDosition of all the boards and committees based upon the undated membershb criteria. Staff will also conduct a city- wide effort to publicize the opportunity to serve on the various boards and committees. Staff will be taking a look at updating the application form and preparing a formal orientation program which all new members will be required to attend. As part of the program, new members will receive a handbook which explains the Sunshine Law, voting and a guide to local government. 5 In order to start the new process in an organized manner, all seats will be considered vacant starting October 1,2004. Members that currently serve will be eligible to submit applications along with anvone else interested. Upon receipt of these applications, staff will bring forward a resolution for the appointments and reappointments to the boards and committees based on the new criteria proposed. The goal for this resolution will be to include existing and/or new members to the boards, under the new program and based on the staggered terms proposed. After adoption of this ordinance, all boards and committees will operate under the new code provisions, except those provisions relating to membership. During the transition period (from the date of adoption until October 1,2004), all current members will remain in place and all current vacancies and amlications will be on hold. In addition, the staff liaisons will be sharing the new code provisions with existing board and committee members during their upcoming meetings over the next six months. The proposed changes to the Planning and Zoning Commission involve amendments to the Land Development Regulations, which will be considered by the existing members at their meeting on May 25,2004. STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on first reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. No action will be taken by Council on the companion Resolutions 120 and 121, 2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. They will require action on second reading of the Ordinance, scheduled for June 3,2004. 6 ATTACHMENT 1 Executive Summary of Council-Manager Form of Government Report Implications for the roles of mavor. council and citv manager: 0 0 0 0 0 0 Council’s role as chief policymaker is enhanced by a manager responsible and accountable to execute and administer its policies. They form a cohesive policymaking and management team. (pgs. 7-8) Council should issue directives and make requests as a unified body directly to the manager. (pgs. 8-9) Maintains strict separation of responsibilities between policymaking and administration. (pgs. 8-1 0) Each council member has equal access to information. (pgs. 9-1 0) Contrary to the concept of keeping all five council members equal. (pg. 12) Agenda-setting is an administrative process not policy. (pgs. 11-12) Potential for violating the due process rights of those conducting business with the city. (pg. 12) Issues raised bv mavor settinv apenda Drior to council meetinps: Council Liaisons: Pros: 0 Gives citizens a sounding board to express political issues and broader community views. (pg. 14) 0 Citizens involved in the governing process. (pg. 14) 0 Needed for external boards dealing with intergovernmental matters. (pg. 16) 0 Contrary to the concept of keeping all five council members equal and informed. (pg. 14) 0 Diminishes purpose for citizen advisory boards. Separates politics from board discussions. (pg, 14) 0 Time consuming and duplicates the efforts of staff. (pgs. 14-15) 0 Conflicts with council-manager form of government. (pg. 15) Code allows council to dissolve a board it (pg. 17) - Cons: Dissolving a board: 0 o It is no longer needed to meet its purpose, or purpose has been served o Acts outside the scope of responsibilities o A decision has been made by council o No resources to support the board o Appears to serve political interests Member appointments and qualifications - Recommendations bv staff regarding advisorv boards and committees: 0 o Qualifications should be clearly defined in the code. (pg. 2 1) o Staff should proactively advertise board vacancies to maintain a pool of qualified interested volunteers. (pg. 2 1) o For internal and special project boards, staff should conduct recruitment process and make appointment recommendations to council for final selection as a body. (pg. 22) o Boards enabling legislation and information should be together in one article of the code. (pg. 22) o Boards should have standardized operating procedures to ensure consistency. (pg. 22) o State definition of board and committee in the code. (pg. 22) o Formal orientation process should be a requirement for all board members to have clear purpose of their roles and responsibilities. @g. 23) o Review purpose and duties of boards to update code to reflect changes and current issues, such as P & Z Commission to establish parametershiteria for architectural review. (pgs. 18,23) 0 Performance - o Dissolve Education Advisory Board. Its purpose is no longer clear, and members have expressed desire to disband. (pgs. 18,23) o Sunset GNANeighborhood Program Meetings and Gardens United as a city facilitated committee; continue issue-drrven community public meetings. (pgs. 19-21,23) o Establish by resolution or ordinance Economic Development Oversight Committee and Budget Oversight Committee. (pg. 21) 0 Organization and operation - ATTACHMENT 2 CITY ADVISORY BOARDS AND COMMITTEES LIAISONS INFORMATION ._. Staff Liaison ~ ~_-._ - _^I__" .-- -I- INTERNAL BOARDS _.__ .___._I" Art in Public Places Advisory --- --_- ~-- _- ~~ __--l_l_ "- - - .. " "1" -_I-- Community Aesthetics Board Planning, Zoning and Appeals Board Parks and Recreation Advisory Board Economic Development " --- Advisory - Board I Mark Hendrickson -- _- Charles Wu Charlotte Presensk Dolores Key -. -. - _-~-_1_. --- .----.A__ ---- ---.--- -_-- -- _I ___Ix..-_l __- ~~ I __ - I . _. - ..--I . .... -"I. ".I"" " I "" . " SPECIAL PROJECT . " I. COMMITTEES -_ -- .. Allan Owens Budget Oversight Committee .- Education Advisog Comettee -----_-_ "_ -_ 1"11 __-____-_ .-.."..I_.- ----~ -._I_.I^ II_. "I__-- --II_- EXTERNAL BOARDS Council _"" "I Liaison Intergovernmental ..., ....................................................................... Issues .... .................. . , ................................................. .................... -I-- Loxahatchee River Coordinating Council ................ .......... ......... ......... Municipal League North County ............,I.. ............ "~,.l,.-"I.^.," ......_.I.... ......... . , .... .. I ...................... ..-- .......... ,, ............................. ^, . ,, ............ ,_-_ ... ....... ,". ........................... ... ........................... _I ..................................... Internal Board - Permanent - adopted by Ordinance External Board - Permanent, external to the City organization Special Proiect Committee - adopted by Resolution with specific duties, effective dates and sunset dates. - Note: Ordinances updating and amending the City's Fire Pension Fund, Police Pension Fund and General Employees Pension Fund were recently approved by City Council on April 15, 2004. Further, because these boards function differently than the City's advisory boards and committees, they have not been included in this chart. ' Proposed new name, formerly known as Art Advisory Committee Proposed new name, formerly known as Beautification and Environmental Committee Proposed new name, formerly known as Planning and Zoning Commission ' Proposed new name, formerly known as Economic Development Oversight Committee ' Proposed new name, formerly known as Education Advisory Board. ATTACHMENT 3 CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: May 4,2004 FROM: Patricia Snider, City Clerk SUBJECT: Boards and Committees Sheryl Stewart, Assistant to the City Manager Attached please find the summary sheet which captures all responses obtained from our recent survey sent to the internal Boards and Committees. If you need any additional information, please let me know. cc: Chris Tatum, City Attorney U t I t 5 ‘E! 8 m 3 f 0 n .. al m ‘C U 4 p. 0 a e m rsI L 3 f rc 0 Q N (R .- Q 5 4 3 8 m 0 0 5 rc I c 0 .C E e! 0 U c u) ‘5 a % 0 n 4f 0 U c 0 ‘5 a 0 )I 0 n L a 0 >r r 0 m c 2 E 3 E Q f 5 f .cI I f .Y s B Set. %M. Nonmembera addressing the council, 0 4 2-81 (a) No person other than a member shall be allowed to addres by the chair. the council unless permitted (b) All members of the public addressing the city council shall do so at the lectern provided. (Code 1987,g 30.08) Sea. 2-U6. Enfomement or suspension of rules. (a) The chair, when the city council is in session, shall enforce parliamentary rules for its government in accordance with Robert's Rules of Order. (b) Any of the parliamentary rules may be suspended by the vote of four members of the city council for the meeting then in session. (Code 1987, 0 30.09) Sea. 2-67. Voting. All votes shall be cast by ayes (af€irmative or negative) of the city council and the city clerk shall record the vote of each member. (Code 1987,g 30.10) Sea. 2-68. Notice requiremente of special and workshop meetings. The city clerk shall poet written notice of all special and workshop city council meetin% on all city bulletin boards as soon as practicable upon scheduling of same by the city council; and all meetings of the city council shall begin at 8:OO p.m. unless changed by vote of the city council. (Code 1987,9 30.12) 0 Sects. 2-69-2-80. Reserved. ARTICLE 111. BOARDS, COMMITI'EES AND COMMISSIONS+ DIVISION 1. GENERALLY Sea. 2-81. Fbpose. The purpose of the following sections is to set forth procedure8 by which the varioue city boards function. Boards are established to provide recommendations to and assist the city +Cross referenceti-Firefighterd pension trust fund board of trustees, 9 38-62; recreation advieory board, 9 48-31 et eeq.; police officers' retirement tmt fund board of trustees, 8 60-81 et eeq. Supp. No. 11 CD2:7 4 2-81 PALM BEACH GARDENS CODE council with issues of concern in the city. Boards are advisory only and the creation of advisory boards does not diminish or alter in any way the statutory and constitutional authority of the city council. (Ord. NO. 12-1999, 6 1,4-8-99) Editor's not'd. No. 12-1999,4 1, adopted April 8,1999, repealed the former 6 2-81 and enacted a new 0 2-81 a0 set out herein. The former 8 2-81 pertained to the limitation on continuous terme of office and derived from Code 1987,O 32.01. Sec, 2.83. Eitablirhment of boardr. The city council may establish advisory boards by resolution or ordinance. Such resolution or ordinance shall atate the specific purpose for a board's creation, composition of the board, qualifications of members, terms, and the board's area of responsibility. (Ord. No. 12-1999, 0 1, 4-8-99) Sec, 9-85. Membemhip. AU members on an advisory board must be residents of the City of Palm Beach Gardens except as otherwise provided by law, and shall serve without compensation. AU members shall be governed in accordance with the Florida's Open Meetings Laws and City of Palm Beach Garden's Resolution 66,1996, establishing a conflict of interest policy for council and advisory boards. (Ord. No. 12-1999, 0 1,4-8-99) Sec. 2-84. Termr of membership. (a) Members shall serve until a successor is appointed. (b) Members or alternates shall serve no more than six consecutive years, and no member shall be eligible for appointment to the same board until one year from the date the person left the board. The city council shall have the right to waive the foregoing requirement in the event that no eligible candidate shall be available to fill the vacancy or the city council determines, in the exercise of ita discretion, that the member's reappointment is in the beat interests of the city, notwithstanding that the member will serve longer than six consecutive years. (Ord. No. 12-1999, 9 1, 4-8-99; Ord. No. 9-2000, 6 2, 3-16-00) Sec. 2=M. Alternates. (a) Alternate members shall be appointad by the city council and may participate in the discussion of matters coming before the board but may vote only when any regular appointed member is absent from a scheduled meeting. (b) At all meetings, the chairperson of the board shall note for the record any member who is absent and designate an alternate member to sit in the absent member's place. (Ord. No. 12-1999, 8 1, 4-8-99) Supp. No. 11 CD2:8 Sec. 2-86. Role ot council liaison. m 0 2-86 If a council liaison ie appointed to the board, the council liaison shall be a nonvoting member and ehall not serve as a member on subcommittees or ad hoc committees. The council liaison Supp. No. 11 CD2:B.l ADMINISTRATION 0 2-89 shall assist the board in setting goals and objectives and ensure that all applicable codes and laws are adhered to. The council liaison shall provide updates at city council meetings on the board's accomplishments and needs as well as communicate the council's desires to the board. The council liaison shall allow the board to proceed with agenda discussion items without comment, however, shall act as a resource to the board on questions concerning council policy. (Ord. No. 12-1999, 6 1, 4-8-99) Sec. 2-87. Officers. (a) The board shall elect a chairperson and vice-chairperson and any other officers, as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The chairperson shall hold such office for one year. At the expiration of this one-year term, the chairperson shall be succeeded by the vice-chairperson, who shall in turn hold the office of the chairperson for one year. Upon the succession of the vice-chairperson to the office of chairperson, the board shall appoint a new vice-chairperson to serve for a term of one year. (c) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the board shall appoint a chairperson pro tempore to assume the duties of the chairperson. (Ord. No. 12-1999, 9 1, 4-8-99) Sec. 2-88. Vacancies. (a) Any member may be reappointed upon approval of the city council. (b) Vacancies on a board shall be filled by the city council for the remainder of any unexpired term. (c) A regular or alternate member appointed to fill a vacant term of office, whose term is for less than one year, shall not be precluded from serving the maximum number of full terms allowed. (Ord. No. 12-1999, P 1, 4-8-99) Sec. 2-89. Removal of members. (a) All members of the board, including alternates, serve at the pleasure of the city council and may be removed from the board with or without cause. (b) Any member who no longer resides within the city during hisher term shall automat- ically cease to be a member of the board and shall inform the city clerk's office. (c) Any member who misses three consecutive unexcused meetings shall automatically forfeit hisher appointment. In order for an absence to be excused, the member shall notify the chairperson of the board prior to the meeting, unless the absence is an emergency, of the reason m Supp. No. 6 CD2:9 5 2-89 PALM BEACH GARDENS CODE the member is unable to attend. It shall be the chairperson's sole discretion as to whether the reason for not attending the meeting warrants an excused absence. Excused absences shall be noted in the board minutes. (d) Any member who recuses himself for conflict of interest at more than 20 percent of the meetings shall be subject to removal by the city council. (e) Any member who willfully neglects the state rules governing the open meeting laws or council policy shall be removed. (Ord. No. 12-1999, 4 1, 4-8-99) Sec. 2-90. Organization, procedures. The board may make such rules and regulations regarding the manner of conducting its meetings and other rules and regulations as are not in conflict with those prescribed by the city council. However, the city council may make and alter rules, as it deems necessary. (Ord. No. 12-1999, 9 1, 4-8-99) Sec. 2-91. Clericdtechnical support. The city manager shall furnish the board with whatever clerical services and technical assistance as may be required. (Ord. No. 12-1999, 5 1, 4-8-99) Sec. 2-92. Candidates for public office. A member of a board must take a leave of absence from the board during any period of time for which he or she is a candidate for election to a local, county, state or federal oflice. A leave of absence does not constitute absence without cause as a member of the board and an alternate may act in his or her place until the member is no longer a candidate. Election or appointment of LI member to the city council will result in automatic termination of that person's membership on the advisory board. (Ord. No. 12-1999, 5 1, 4-8-99) Sec. 2-93. Dissolution of boards. The city council may dissolve a board if the city council determines that the board is no longer needed to meet the purposes for which it was established except boards established by the city charter. (Ord. No. 12-1999, 6 1, 4-8-99) Secs. 2-94-2-100. Reserved. Supp. No. 6 CD2:lO ADMINISTRATION 0 2-105 DMSION 2. BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE* Sec. 2-101. Establishment. A beautification and environmental committee is hereby established by the city council. (Code 1987, (5 32.15; Ord. No. 15-1999, 8 1, 4-8-99) Sec. 2-102. Composition; qualifications. The beautification and environmental committee shall be composed of nine regular members. (Code 1987, 8 32.16(a); Ord. No. 15-1999, 8 2, 4-8-99) Sec. 2-103. Terms of membership. (a) Members of the board shall serve for terms of three years. (b) No member may serve more than two consecutive three-year terms. (Ord. No. 15-1999, 9 3,443-99) Editor's note-Ord. No. 15-1999, 8 3, adopted April 8, 1999, repealed the former (5 2-103 and enacted a new Q 2-103 as set out herein. The former § 2-103 pertained to the committee's working relationship with the city manager and derived from Code 1987, 0 32.16(b), (4. 0 Sec. 2-104. Quorum. Five members of the committee shall constitute a quorum. If a quorum is not present within 15 minutes after the time designated for commencement of a meeting, the meeting shall be rescheduled. (Ord. No. 15-1999, § 4, 4-8-99) Editor's note-Ord. No. 15-1999, 9 4, adopted April 8, 1999, repealed the former (5 2-104 and enacted a new 0 2-104 as set out herein. The former 0 2-104 pertained to the committee's recommendations to the city council and derived from Code 1987, 4 32.16(d)). Sec. 2-105. Preparation of master plan. (a) One of the duties of the beautification and environmental committee is to prepare a master plan for the beautification of the city designed to meet present and future needs of the city. The master plan shall include, but is not limited to, the following: (1) A graphic presentation showing a general outline of the nature and extent of the proposed beautification of the city. A suggested time schedule for the beautification, setting forth priority of projects as recommended by the committee. (2) *Cross references-Environment, ch. 34; landscaping and vegetation protection, ch. 98; natural resources and environmentally significant lands, ch. 102; public places, ch. 106; zoning, ch. 118. 9 Supp. No. 6 CD2: 11 0 2-105 PALM BEACH GARDENS CODE (3) An estimate of the cost of the work recommended broken down into various projects and divisions of projects. (4) An estimate of the maintenance cost for beautification of the city. (5) A feasibility report concerning the establishment of a town nursery and the methods of financing same. (6) A narrative discussion of the proposal clearly explaining the need, function, and value of the master plan. (b) Other duties of the committee shall consist of reporting to the city council from time to time on improvements of maintenance of public areas, condition of the environment through- out city in regard to air and water pollution and how to improve control and elimination of same, and shall further render reports to the city council through the city manager on related kindred subjects as shall be requested by the city council. (Code 1987, Q 32.17) Sec. 2-106. Submission of plan. The beautification and environmental committee shall submit the master plan for the beautification of the city to the city council for its consideration as soon as the same has been prepared. Should the master plan or any modification thereof be accepted by the city council and work begun in accordance with that plan, the committee will continue to give consultation and to work in close cooperation with the city manager and with any other persons involved in administering the details of the plan. (Code 1987, 0 32.18) Sec. 2-107. Reports. The beautification and environmental committee shall make an annual report to the city council prior to the city council reorganizational meeting and shall make such other reports as may be requested by the city council. (Ord. No. 15-1999, 0 5, 4-8-99) Editor's notdrd. No. 15-1999, $ 5, adopted April 8, 1999, repealed the former $ 2-107 and enacted a new 5 2-107 as set out herein. The former 0 2-107 pertained to the committee's records and derived from Code 1987, 0 32.19). Sec. 2-108. General requirements. In addition to the requirements of the above sections, all advisory boards, committees and commissions shall comply with the requirements of sections 2-81 through 2-93. (Ord. No. 15-1999, 0 6, 4-8-99) Secs. 2-109-2-130. Reserved. Supp. No. 6 CD2:12 ADMINISTRATION Q 2-134 DIVISION 3. EDUCATION ADVISORY BOARD Sec. 2-131. Establishment. The education advisory board of the city is hereby established by the city council. (Code 1987, Q 32.20; Ord. No. 13-1999, 4 1, 4-8-99) Sec. 2-132. Composition; qualifications. The education advisory board shall be composed of 11 regular members and four alternates, A representative on one of the following school advisory councils of the following city schools: Palm Beach Gardens Elementary, Timber Trace Elementary, Allamanda Elementary, Howell Watkins Middle, Duncan Middle, Palm Beach Gardens Commu- nity High, Dwyer High and any future schools which will be added to the city attendance boundaries. A representative on the school advisory councils of Suncoast High School, Alexander Dryfoos Jr. School of the Arts andlor School of the Arts Middle. Acommittee of students from any of the above mentioned schools which will constitute appointed by the city council, who meet at least one of the following criteria: (1) (2) (3) one voting member of the board. A representative of the city business community. (4) (Code 1987, 0 32.21; Ord. No. 6-1995, Q 1, 4-6-95; Ord. No. 22-1997, Q 1, 7-17-97; Ord. No. 13-1999, $3 2, 4-8-99) Sec. 2-133. Terms of membership. (a) Members of the board shall serve for terms of two years. (b) No member may serve more than three consecutive two-year terms. (Ord. No. 13-1999, 8 3, 4-8-99) Editor’s notdrd. No. 13-1999, 4 3, adopted April 8, 1999, repealed the former Q 2-133 and enacted a new Q 2-133 as set out herein. The former $ 2-133 pertained to the education advisory board’s organization derived from Code 1987, (i 32.22). Sec. 2-134. Quorum. Six members of the board shall constitute a quorum. If a quorum is not present within 15 minutes after the time designated for the commencement of a meeting, the meeting will be rescheduled. (Ord. No. 13-1999, 0 4, 4-8-99) Editor’s note-Ord. No, 13-1999, 0 4, adopted April 8, 1999, repealed the former Q 2-134 and enacted a new 0 2-134 as set out herein. The former Q 2-134 pertained to qualifications of members of the education advisory board and derived from Code 1987, (3 32.22). 0 Supp. No. 6 CD2: 12.1 0 2-135 PALM BEACH GARDENS CODE Sec. 2-136. Duties and responsibilities. The duties and responsibilities of the education advisory board shall be as follows: Solicit input from parents, students and the community to clearly understand their hopes and fears so that the board may actively address these issues. Improve individual schools through active participation in each school's school advi- sory committee. Periodically meet with area superintendents, area school board members and the school superintendent to express wants and needs expressed by the city council and to receive feedback from the school system regarding same. Address the school board on specific issues when requested to do so by the city council. Provide the city council with a yearly "State of the Schools" report. Monitoring of school board activities. Serve as liaison between the county school board and the city council. Participate in an information exchange via school newsletters and principal's office with the administration of each city school as well as those attended by city students elsewhere. Development of recommendations for the city council regarding actions to be taken in support of the city schools and issues related to proposed state educational legislation, so that the city council may forward them to the county school board. Identifying and attempting to obtain available state and federal programs and grants which could directly benefit city schools. Provide comments to the city council regarding proposed residential developments and their impact upon the racial balance of schools. (Code 1987, 5 32.24) Sec. 2-136. Meetings; reports. (a) The education advisory board shall meet at least once monthly in the city complex or at one of the public schools located within the city boundaries. (b) Board members who are on school advisory committees will also attend all school advisory committee meetings. (e) The education advisory board shall make an annual report to the city council prior to the city council reorganizational meeting and shall make such other reports as may be requested by the city council. (Code 1987, 5 32.25; Ord. No. 22-1997, 5 2, 7-17-97; Ord. No. 13-1999, 5 5, 4-8-99) Sec. 2-137. General requirements. commissions shall comply with the requirements of sections 2-81 through 2-93. (Ord. No. 13-1999, 6 6, 4-8-99) In addition to the requirements of the above sections, all advisory boards, committees and Supp. No. 6 CD2:12.2 0 2-168 DMSION 4. FUNNING AND ZONING COMMISSION* Sec. 8-158. Creation. A planning and zoning commission is created for the city. (Code 1987,O 32.60) (a) The planning and zoning commission shall be composed of seven members and two alternate members. (b) Members of the commission shall be residents of the city. The members of the commission shall serve for terms of two years. (c) The city council shall appoint seven members and two alternate members to the planning and zoning commission by resolution; the alternate membra shall serve as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof shall be absent from a scheduled meeting. The chairman of the planning and zoning commission shall certify in the record of the proceedings of the board as to which member ie absent and the name of the alternate member who is sitting as a member for a particular proceeding or meeting. 0 (d) Any member may be reappointed upon approval of the city council. Appointmente to fill any vacancy on the planning and zoning commission shall be for the remainder of the unexpired term of office. Any member who fails to attend two out of three successive meetings without cause and without prior approval by the chairman of the commission shall automat- ically forfeit his appointment, and the city council shall promptly fill such vacancy. The members shall serve at the pleasure of the city council, and may be suspended or removed for cause by the city council. (Code 1987, 0 32.61; Ord. No. 3-1999, 0 1, 3-18-99) &IC. 2-168. Service without compensation. Members of the planning and zoning commission shall serve without compensation. (Code 1987, 0 32.62) *Cmm references-Administration of land development regulations, ch. 82; buildings and building regulations, ch. 86; excavation and fill regulations, ch. 94; landscaping and vegetation protection, ch. 98; natural resources and environmentally significant lands, ch. 102; signs, ch. .- il0; subdihions, ch. 114; zoning, ch. 118. State law reference-Planning, F.S. 6 163.3161 et seq. Supp. No. 11 CD2:13 8 2-169 PALM BEACH GARDENS CODE Sea. 8-169. Quorum. Four members of the planning and zoning commission shall constitute a quorum for the transaction of business. (Code 1987, 8 32.63; Ord. NO. 3-1999, 8 2,3-18-99) Sea. 8.180. Moere. (a) The commission shall appoint its own chairman and chairman-elect, both of whom shall serve one-year terms. The commission may delegate to these officers or other members of the commission any powere and duties which are not inconsistent with state or local laws, as it may deem advisable and expedient. (b) The chairman shall hold such office for one year. At the expiration of this one-year term, the chairman shall be succeeded by the chairman-elect, who shall in turn hold the office of chairman for one year. Upon the succession of the chairman-elect to the office of chairman, the commission shall appoint a new chairman-elect to serve for a term of one year. (c) The chairman shall preside at commission meetings. The chairman-elect shall assume the duties of the chairman in the absence or disability of the chairman, In the absence or disability of both the chairman and the chairman-elect, the commission may appoint a chairman pro tempore to fW the duties and functions of such office. (Code 1987, 0 32.64; Ord. No, 1-1996, 0 1, 2-16-96) Sea. 8-161. Powere and dutier. (a) The planning and zoning commission shall act as the site plan and appearance review committee and shall have all the powers and duties associated with such committee in this code. (b) The planning and zoning commission shall exercise and perform the following powers (1) Procure information and make recommendations to the city council of all facts bearing upon the needs of the city with regard to recreation grounds and development of parks and boulevards, the improvement of lake fronts, the extension and opening of streets and avenues or other public ways or places, and all other city plans and improvements generally. Receive all suggestions offered by citizens or officials within the scope of its powers and report them to the council with its recommendations. Review all plats of lands within the city and recommend to the council the acceptance, modification, or rejection of those plate. (4) When requested by the council, act in an advisory capacity in respect to plans for and the erection of public buildings, bridges, approaches, or other structures erected, or to be erected by the city, and all parks, boulevards and grounds for recreational purposes. and duties: (2) (3) Supp. No. 11 CD2: 14 ADMINISTRATION f 2-161 Prepare and submit to the council regulations governing the platting of all lands so as to require all streets and alleys to be of proper width, and otherwise to conform to regulations prescribed by it, and require the owner of the lands to be platted to give the city security, aa a condition precedent to the approval of the plat, for the construction and installation of public way, sidewalks, curbs, gutters, sewers, and other improve- menta within the subdivision at the cost of the owner. Call upon any other department for assistance in the performance of ita duties. It shall be the duty of any other departments to render any assistance aa may be reasonable, all questions aa to what shall constitute a reasonable requirement to be determined by the council and ita determination thereof shall be final and conclusive. The initiation of zoning regulations or all requests for zoning changes shall first be submitted to the commission. The commission shall evaluate proposed zoning regula- tion changes and hold not more than two advertised hearings of interested parties. Recommendations concerning the same shall be submitted to the council. The initiation of all requesta for annexation of lands into the city, together with requested zoning of the annexed lands shall first be submitted to the commiseion. The commission shall evaluate such proposed annexation of lands together with zoning thereof and shall hold no more than two advertised hearings of interested parties thereon. Rscommendationa concerning same shall be submitted to the city council. The commission shall have such powers as are herein prescribed or as may be necessary for the proper discharge of ita duties. The planning and zoning commission shall, upon the effective date of the ordinance from which this subsection was derived (February 16,19961, assume the authority of and those responsibilities previously invested upon and in the board of zoning appeals. None of the powers, duties, or prerogatives of the commission shall be construed to be in any way a limitation upon the duties, powers and prerogatives of the council, but in every case shall be subordinate and subject to the approval of the city council. (c) The planning and zoning commission shall act as the land development regulation commission and shall have all the powers and duties associated with such designation, including: (1) 'Ib develop and recommend to the city council land development regulations which implement the adopted comprehensive plan; and (2) 'Ib review land development regulations, or amendments thereto, for consistency with the adopted comprehensive plan and report to the city council regarding ita findings. (d) The planning and zoning commission shall act as the local planning agency and shall have all the powera and duties associated with such designation, including: I (1) 'Ib develop and recommend to the city council comprehensive plan revisions; and Supp. No. 11 CD2:14.1 0 2-161 PALM BEACH GARDENS CODE (2) To review comprehensive plan amendment petitions and recommend to the city council regarding adoption of said amendment proposals. (Code 1987, 9 32.66; Ord. No. 1-1996, 4 3,2-16-96; Ord. No. 3-1999, 0 3, 3-18-99) ch. 114; zoning, ch. 118. Cror refereneecAdministration of land development regulations, ch. 82; subdivisions, DMSION 6. BOARD OF ZONING APPEALS Sea. 2-170. Composition; appointmentq officers, (a) The board of zoning appeals shall be composed of seven members and two alternate members. The members of the board shall mrve for terms of two years. Members shall be appointed by the city council by resolution. The alternate members shall serve as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof shall be absent from a scheduled meeting. Members of the board of zoning appeals shall serve without compensation. (b) The board of zoning appeals shall each year select from its members a chairperson and vice chairpereon. (c) The city council may appoint itself as the board of zoning appeals. (Ord. NO. 3-1999, 9 6, 8-18-99) Sea. 2-171. Jurisdiction. (a) The board of zoning appeals as created in this division is a body of limited powers. The board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city's zoning code. (b) The board of zoning appeals shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. (c) The concurring vote of the majority of the members of the board present shall be necessary in order to support any decision or determination made by the board. Four members of the board shall constitute a quorum for the transaction of all business before the board. (Ord. NO. 3-1999, 8 5, 3-18-99) Sec. 8-178. Proceedings. (a) Any pereon aggrieved by a ruling of the building official or any city official, department, board or council concerning the interpretation, administration, or enforcement of the city's zoning code may appeal to the zoning board of appeals. The appeal shall be taken within 30 days of filing with the growth management department a written notice of appeal specifying the grounds thereof, together with any exhibits as are reasonably necessary. Supp. No. 11 CD2:14.2 ADMINISTRATION 6 2-186 (b) All petitions presented to the board of zoning appeals shall be in writing and shall have application to only one parcel of land when a variance is requested, or to a singular administrative order when an administrative review is requested. (c) All statementa of the findings by the board shall be included in the minutes as to each case heard or considered by it. The reason for recommending or denying a variation BB described in thie division shall also appear in the minutes. In every instance, a brief statement of the facta upon which the recommendations are based shall appear in the minutes. The board shall notify the petitioner, in writing, of the action taken by the board at the hearing. (Ord. No. 3-1999, 0 6,3-18-99) (d) At the hearing, parties may appear in person or by agent or attorney. Sec. 2-173. Notice of hearings. Decisions, findings, and recommendations of the board of zoning appeals shall be reached only after a duly noticed public hearing. Notice shall be provided, as defined herein, at the applicant’s expe~nee. In addition, the applicant shall provide written notice to the ownere of property located within 600 feet of the subject property by mail at least ten days prior to the public hearing and shall submit an aflidavit attesting to mailing of the said notice. Notice shall contain, at a minimum, the address or location of the property for which a hearing is sought, as well m a brief description of the nature of the application. (Ord. NO. 3-1999,f 6,3-1899) Sec. 2-174. Stay of proceedings. The appeal as provided in this division shall stay all proceedings unless the building official or another authorized city officer or department certifies to the board of zoning appeals after the notice of appeal has been filed, by reason of facts which shd be set forth in the certificate, that a stay would caw imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court with appropriate jurisdiction. (Od. NO. 9-1999, 6 6, 3-18-99) Secs. 2-176-%185. Reserved. Supp. No. 11 CD2:14.3 5 46-31 PALM BEACH GARDENS CODE ARTICLE II. PARKS AND RECREATION ADVISORY BOARD* Sec. 46-31. Establishment. There is hereby established the city parks and recreation advisory board, hereinafter referred to as the %oard". (Code 1987, 5 97.15; Ord. No. 1-1997, 0 7, 2-20-97) Sec. 46-32. Memberehip and qualifications. The board shall consist of aeven regular members and two alternate members who shall serve without pay and who shall be appointed by city council. The members of the board must be bona fide residents of the city and registered voters. (Code 1987, 8 97.16; Ord. No. 1-1997, 0 7, 2-20-97; Ord. No. 33-1997, 8 1, 7-17-97) Sec. 46-33. Appointment and terms of office. (a) The term of office of each member of the board shall be three years or until their successors are appointed and qualified, and shall be in staggered terms. (b) Reserved. (c) Vacancies occurring other than by expiration of term shall be filled by the city council for the remainder of the unexpired term. (Code 1987, 8 97.17; Ord. No. 1-1997, 9 7,Z-20-97; Ord. No. 8-1998, 8 1, 5-7-98) Sec. 46-34. Officers; rules and regulations. Immediately after appointment, the board shall meet and organize by electing one of its members chairperson and by electing any other officers as may be deemed necessary. The board shall have the powers to adopt rules, regulations, and bylaws which are reasonably necessary to conduct its business. (Code 1987, 6 97.18; Ord. No. 1-1997, 6 7, 2-20-97) Sec. 46-35. Duties. (a) The board shall have the following duties: (1) To make recommendations to the city council concerning the visioning and strategic planning of the development of parks and recreation facilities in the city. To hold regular meetings every other month and file a written report every other month of its activities with the city council unless more frequently required or special reports are requested by the city council. (2) *Cross reference-Boards, committees, commissions, 6 2-81 et seq. supp. so. 5 CD46:8 PARKS AND RECREATION JI 46-57 - 0 (b) If any member of the board shall fail to be present at four consecutive regular meetings or at 25 percent of the meetings of the board held within any 12-month period, a vacancy in the board shall occur, unless the absence shall be excused. (Code 1987, 8 97.19; Ord. No. 1-1997, 0 7, 2-20-97; Ord. No. 8-1998, 8 2, 5-7-98) Secs. 46-36-4645. Reserved. ARTICLE III. PARK SIGNS REGULATIONS Sec. 46-66. General provisions. (a) This article shall apply to all park and recreation facilities, and all property owned or leased by the city which is designated for park or recreation use and which is managed and maintained by the city. (b) All applications for park signs governed by this article are subject to approval by the director of parks and recreation. (Ord. NO. 1-1997, 9, 2-20-97) Sec. 46-57. Regulations and restrictions. (a) Pursuant to section 110-2 of this code, the parks and recreation department (hereinaRer the "department") my erect signs according to the regulations set forth below: (1) The sign shall be a flat wall sign as defined in chapter 78, section 78-2 of this code. The sign shall represent a fundraising, sponsorship or similar pecuniary benefit to the city. The sign may only be erected by the department on city property which is designated for park or recreation use, and which is managed and maintained by the city. The sign, whether temporary or permanent, shall be subject to the requirements and prohibitions set forth in chapter 110, of this code. Notwithstanding the regulations and restrictions set forth in chapter 110 of this code, the sign shall not exceed a measurement of four square feet in size. Notwithstanding the regulations and restrictions set forth in chapter 110, specifically, section 110-2(d) and section 110-42, the sign shall not be illuminated by back-lighting, internal lighting or face-lighting, or lighting from any source meant to provide visibility. The number of such signs is limited to one per building or structure. (b) Any sign erected by the department in accordance with the regulations set forth above (1) The sign shall not detract from the aesthetics of the park or recreation facility where it is located; must also comply with the following restrictions: Supp. No. 5 CD46:9 LAND DEVELOPMENT 8 78-23 0 Sec. 78-9. Effect of annexation. Until changed by the city council, property annexed into the city shall retain the future land use designation, zoning designation, and development order applied or approved by Palm Beach County. (Ord. NO. 17-2000, 5 9, 7-20-00) Sec. 78-10. Schedule of fees, chaqges, and expenses. (a) Fees authorized. The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for development order applications, building permits, certificates, appeals, and all other matters pertaining to this chapter. The schedule of fees shall be available in the growth management department. Fees may be altered or amended only by the city council. (b) Puyment of fees. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or other matter afkted by this chapter. (Ord. NO. 17-2000, 0 10, 7-20-00) Secs. 7811-78-20. Reserved. I ARTICLE II. REVIEW AND DECISION-MAKING AUTIIORITY Sec. 78-21. City council. The city council shall exercise those powers and duties as provided by chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens. (Ord. NO. 17-2000,0 11, 7-20-00) Sec. 7822. Planning and zoning commission. (a) Powers and duties. The planning and zoning commission shall exercise those powers and duties as provided by chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens. (b) Local planning agency. The planning and zoning commission shall serve as the local planning agency, pursuant to F.S. Section 163.3174. (c) Land development regulation commission. The planning and zoning commission shall serve as the land development regulation commission, pursuant to F.S. Chapter 163.3164. (Ord. No. 17-2000, 0 12, 7-20-00) Sec. 7f3-23. Board of zoning appeale. The board of zoning appeals (BZA) iEl established to decide upon variances, consider appeals of interpretations, and perform such other duties as may be assigned by the city council. The I Supp. No. 10 CD78:15 e 4 78-23 PALM BEACH GARDENS CODE planning and zoning commission shall'serve as the BZA, unless otherwise provided by the city council. The provisions contained in this section shall apply only if the plannmg and zoning commission is not serving as the BZA. (a) Membership ad appointment. (1) Membership and appointment. The board of zoning appeals consists of seven members appointed by the city council. The members of the board shall be residents of the city, and shall serve threeyear, staggered terms without compensation. (2) Alternate members. The city council may appoint two alternate members to the board of zoning appeals. The alternate members shall be residents of the city and shall serve as members of the board and shall have a voice and vote in the meetings of the board when any regular member is absent from a scheduled meeting. The chairpsrson of the board of zoning appeals shall indicate in the record of the proceedings of the board as to which member is absent and the name of the alternate member who is sitting as a member for a particular proceeding or meeting. (b) Viuncies. Vacancies shall be filled by the mayor, subject to confirmation by the city council, for any unexpired term. Any member may be removed by the mayor for cause after written charges have been filed, and after a public hearing has been held if such a hearing is demanded by the member so charged. Okrs. The board of zoning appeals shall elect, at the finst meeting of the calendar year, from its members a chairperson and vice-chairperson. The chairperson or, in the chair's absence, the vice-chairperson, shall preside over meetings, may administer oaths, and perform such other duties as required by this section or as assigned by the city council. (d) Jurisdiction. The board shall have the authority and jurisdiction as pmvided below. (1) Administrative decisions. The board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the adminis- trative officials charged with the administration or enforcement of this chapter. variance^. The board shall hear and decide requests for a variance from the requirements of this chapter. Prohibited variances. The board shall not have the authority to. a. (c) (2) (3) Grant a variance to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located; and Grant a variance to the supplemental standards applicable to permitted and conditional uses as provided in section 78-159. (e) Meetings and proceedings. All meetings and public hearings of the board of zoning appeals shall be open to the public. The minutes of the proceedings shall show the vote b. Supp. No. 10 CD78:16 8 78-253 PALM BEACH GARDENS CODE (4) Removal ofnutive vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on-site is encouraged to be offered for donation or to be sold by the applicant. (Ord. No. 17-2000, 0 119, 7-20-00) Secs. 78-254-78260. Reserved. DMSION 6. PUBLIC PLACES* Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required one percent of construc- tion cost towards art in public places for the building project. Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects andlor landscape architects and artists. (b) Violations. Violation of this chapter shall be subject to enforcement as provided in article (c) Art advisory committee. (1) (1) (2) (3) VII. Creation. The city council shall appoint an art advisory committee which shall consist of five regular members and two alternates. The members shall be residents of the city. Members of the city council and representatives of for-profit arts dealers or consultants shall not be eligible for membership. a. Duties. The committee shall screen submissions of existing or commissionable works of art and shall make a recommendation to the city council. The committee *Editor’s note-Formerly, div. 5. See the editor’s note ch. 78, art. V, div. 3. Supp. No. 13 CD78:220 LAND DEVELOPMENT 6 78-262 shall make recommendations to the city council at time of building permit application or prior to final site plan approval. The city manager shall have authority to provide funds for administrative expenses of the committee. Selection criteria. The criteria listed below must be considered by the art advisory committee in the selection of an artist for a development project pursuant to the requirements of this chapter. 1. Appropriateness of the artwork to the site and site environmental condi- tions, including visual accessibility to pedestrian or vehicular traffic. 2. Quality of the artwork. 3. Maintenance requirements. 4. 5. b. Ability of the artist to complete the project within a specified schedule. Exhibition and sales history of the artist, as well as works in public collections and previous public art purchases or commissions. Zoning consideration. Consideration must be given to project zoning (as base specifi- cations and wind tolerance for sculpture). Permits and building approval must be obtained, when necessary. Meetings. The committee must meet at appropriate times to complete its task within the specified schedule. The art advisory committee shall develop regulations regarding submittal and approval of recommended artwork. Guidelines. The committee shall adopt Art in Public Places Implementation Guidelines to assist both public and private sector planning activities. Installation. Installation of artwork shall be guided by the standards listed below. a. b. (2) (3) (4) (5) Artwork shall be installed to be visible to the maximum number of passers-by. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. Artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be illuminated from dusk until midnight. Maintenance. Artwork shall be maintained in good conditions at all times, including any associated landscaping or related improvements. c. d. (6) (Ord. No. 17-2000, 6 120, 7-20-00; Ord. No. 11-2002, 5 1, 3-21-02) Sec. 78-262. Fee imposed on developments. (a) Fee. All budgets for the new construction of private and public developments in the city, as specified in section 78-261, shall include an amount of one percent of the total budgets as a fee for art in public places. The fee shall be imposed and paid as provided below. Deposit of funds. The developer shall submit to the city documentation showing that a deposit was made with the developer's attorney into an escrow account in an amount (1) Supp. No. 13 CD78:221 8 78-262 PALM BEACH GARDENS CODE of money equal to the art fee prior to the issuance of the first building permit. The developer's attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, of the developer's arts consultant. The developer's attorney will provide the city a final certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing fund, and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be determined by the city council and shall be in accordance with further provisions of the chapter. Artist selection. The selection and commissions of the artists shall be by written contract between the developer and artists. Arts consultant. The developer may utilize up to 15 percent of the required fee to retain an arts consultant to assist in the selection and procurement of required artwork. The arts consultant shall have no financial relationship with the artist, or any ownership in artwork purchased by the developer. Cost overruns. If the final project cost is higher than the cost figure used to calculate the preliminary art budget, the art budget must be increased as necessary to equal one percent of the actual defined total project cost. The art budget must be revised within 30 calendar days of any such changes. (b) Location. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. (c) Contribution of developer. Instead of providing the artwork on the project site, a developer may choose to contribute one percent of the total construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city's art account. The contributor shall have no input in the use of such funds. (1) Artist selection. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. Use of purchased art. All artwork purchased by the city required art fee contribution shall be displayed on city-owned land, a city-owned building, or a city-leased or rented facility. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated hm the art account for any particular city facility to retain an art consultant to assist in the selection and installation of artwork. (2) (3) (d) Guidelines. The selection and commissioning of artists shall be in accordance with the Art in Public Places Implementation Guidelines adopted by the art advisory committee. Supp. No. 13 CD78:222 LAND DEVELOPMENT 0 78-262 (e) Special art advisory committee. (1) Creation. The city council shall appoint a special art advisory committee to render an advisory opinion regarding but not limited to the following: a. b. The suitability of the construction project as a location for works of art; The nature of the works of art which are most appropriate for the construction project; and The best method of securing the recommended works of art. c. Duties. The city council shall specify the scope of the opinion which it elicits from the special art advisory committee, and the time limit within which a response is required. Ownership and maintenance. Artworks purchased pursuant the requirements of this subdivision belong to the property owner, and must be insured and maintained. Artworks purchased under subsection 78-262(c) are the property of the city and shall be maintained by the city. Artwork installed in accordance with this chapter cannot be altered or removed from the site without approval of the city council. When developer- owned art is situated at or on property or facilities owned or occupied by the city, the developer may transfer ownership to the city. Such art must be maintained by the city. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. (2) (3) (0 Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased with hds generated by this article or on artwork whose ownership has been transferred to the city. (g) Appraisal. To establish the value of art submitted to comply with this division, the art advisory committee shall have the authority to employ an independent art appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. (h) Wuiuer of requirements. (1) Waiver. The city council may waive the requirements contained in this chapter, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. Existing structures. Required fees may only be waived in whole or in part provided an existing complex is subject of extensive plans for redevelopment of the exterior of existing structures, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be considered in the waiver process. (2) (3) Supp. No. 13 CD78:223 Q 78-262 PALM BEACH GARDENS CODE (4) Criteria for waiver of fees. The city council shall consider the following when considering a request to waive or reduce required fees: a. The impact of proposed improvements on the appearance and utility of an existing structure; The impact of proposed improvements on existing and potential tenants or businesses; and The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance, and similar b. c. (5) Credit for expenditures. a. Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit for payment of required fees. Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. b. (i) Architectural features. The city council may grant a partial credit toward required fees when a project contains unusual architectural features. 0') Aesthetic features. The city council, upon the recommendation of the art advisory committee, may give a developer partial credit for an element of the project which supplies creditable aesthetic features for the benefit of the public. (Ord. No. 17-2000, 9 121, 7-20-00) Secs. 78.263-78-270. Reserved. DMSION 7. SIGNS Sec. 78-271. Intent and purpose. The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to authorize the use of signs, provided *Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3. Supp. No. 13 CD78:224 6 78-262 PALM BEACH GARDENS CODE (4) Criteria for waiver of fees. The city council shall consider the following when considering a request to waive or reduce required fees: a. The impact of proposed improvements on the appearance and utility of an existing structure; The impact of proposed improvements on existing and potential tenants or businesses; and The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance, and similar b. c. (5) Credit for expenditures. a. Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit for payment of required feee. Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. b. (i) Architectural features. The city council may grant a partial credit toward required fees when a project contains unusual architectural features. (j) Aesthetic features. The city council, upon the recommendation of the art advisory committee, may give a developer partial credit for an element of the project which supplies creditable aesthetic features for the benefit of the public. (Ord. No. 17-2000, 9 121, 7-20-00) Secs. 78-283-78-270. Reserved. DMSION 7. SIGNS* Sec. 78-271. Intent and purpose. The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to authorize the use of signs, provided *Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3. Supp. No. 13 CD78:224 City of Palm Beach Gardens Council Agenda November 3,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 3,2005 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ITEMS CONTINUED FROM OCTOBER 6'" MEETING PUBLIC HEARINGS: Part I - Quasi-iudicial: a. JStaff Report on Page 6, Ordinance on Page 147, Resolution on Page 152) 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 fiadoR 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. ?:OF lvzp/@ ' Resolution 83,2005 is a companion item to Ordinance 18,2005 and will require Council action. IV. V VI. VII. 753 VIII. f-O 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 Chnst 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 Pape 6, Ordinance on Pape 167, Resolution on Pape 172) 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. ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: Reo 131,amJ ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: a. Department Presentations: Civil Engineer - Canal Improvements 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 181) Approve Minutes from the September 29,2005 regular City Council meeting. b. [Page 191) Approve Minutes from the October 6, 2005 regular City Council meeting. C. (Staff Report on Page 198, Resolution on Page 218) Resolution 165, 2005 - Nutrition S’Mart - Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event permit for Nutrition S’Mart, located on the Northeast corner of the Intersection of Keating Drive and Northlake Boulevard, as more particularly described herein; and providing an effective date. d. (Page 221) Proclamation - National GIS Day e. (Page 222) Proclamation - World Planning Day X. PUBLIC HEARINGS: Part I - Quasi-iudicial: Part I1 - Non-Quasi-judicial: XI. RESOLUTIONS: (Staff Report on Page 223, Resolution on Page 225) Resolution 113, 2005 - Agreement for Professioqal Engineering and Surveying Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for Professional Engineering Services between the City of Palm Beach Gardens and LBFH, Inc.; approving work authorization CS-0001 for City Engineer Services for FY 05-06; and providing an effective Date. Ea3 a. 5-0 e:3r - REO r3/ 3-0 XII. OI2DINANCEd: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: 8;38- - a. [Page 262) Charter Review Committee. b. [Page 263) Discussion of Ordinance 17, 2004 relating to Boards and Committees, Council Liaisons, Appointments and Re-appointments. 83-u XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. . i 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 November 3,2005 , Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett 4 1. J 11. J 111. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 3,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ITEMS CONTINUED FROM OCTOBER gfh MEETING / PUBLIC HEARINGS: J Part I - Quasi-judicial: J a. (Staff Report on Page 6, Ordinance on Page 147, Resolutioti on Page 152) 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. 47 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. J b. [Staff Report on Page 6, Ordinance on Page 167, Resolution on Page 172) 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. JIV. ADDITIONS, DELETIONS, MODIFICATIONS: .&cd.- !id Re.s~[qm 131, M- &ff')d 34-J J V ANNOUNCEMENTS / PRESENTATIONS: /VI. ITEMS OF RESIDENT INTEREST: J VII. CITY MANAGER REPORT: J a. Department Presentations: Civil Engineer - Canal Improvements JVIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit request form to the City Clerk Drior to this Item) IX. CONSENT AGENDA: a. Pd meeting. (Page 181 ) Approve Minutes from the September 29,2005 regular City Council 5-0 , b. (Page 19 I) Approve Minutes from the October 6,2005 regular City Council meeting. C. (Staff Report on Page 198, liesolution on Page 218) Resolution 165, 2005 - Nutrition S’Mart - Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event permit for Nutrition S’Mart, located on the Northeast corner of the Intersection of Keating Drive and Northlake Boulevard, as more particularly described herein; and providing an effective date. d. ( Page 22 1 ) Proclamation - National GIS Day e. (Page 222) Proclamation - World Planning Day J X. PUBLICHEARINGS: Part I - Quasi-iudicial: ’ Part I1 - Non-Quasi-iudicial: /XI. RESOLUTIONS: a. IStaff Report on Page 223, Resolution 011 Page 225) Resolution 113, 2005 - Agreement for Professional Engineering and Surveying Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for Professional Engineering Services between the City of Palm Beach Gardens and LBFH, Inc.; approving work authorization CS-000 1 for City Engineer Services for FY 05-06; and providing an effective Date. P,.$-e s-0 XII. ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: Ja. ’b. [Page 262) Charter Review Committee. 1 Page 263) Discussion of Ordinance 17, 2004 relating to Boards and Committees, Council Liaisons, Appointments and Re-appointments. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's OfJice 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: 800-9558 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the cLComments 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: (\A~OL~W e Wfif L Jl< Address: 715- I-tW30N City: >RG,, f=c -33 CilD Subject : V,a& S-# 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 Priqk’ Name: Address: 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 Name: Address: City: \3 G 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 t ,/ i ’ _-- I City: Subject: i ‘ \it/!, 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: 3136- 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. CITY COUNCIL MEETING 11/03/05 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIOIVS ADDITIONS Resolution 131,2005 - Declaring certain items of public property as surplus property. Item originally placed on the October 20,2005 agenda. @sx0-L r-0 DELETIONS NONE MODIFICATIONS: NONE CITY OF PALM BEACH GARDENS MEMORANDUM TO: Councilman David Levy FROM: SUBJECT: Hurricane Katrina DATE: October 28,2005 Ron Fenis, City Manager ++---- I am in receipt of your email dated Friday, October 21, 2005 regarding the proposed Katrina Reli program. Please be advised that your request to place the attached resolution (Resolution 131, 2005) on the November 3, 2005 agenda will be given to Mayor Rusw at the meeting under Item IV. Additions, Deletions, Modifications, for action by the Council, as is the normal procedure for adding items to the agenda. Should you have any questions, please feel free to contact me. Thank you. cc: Mayor and Council Patricia Snider, City Clerk Hurricane Katrina Focus Group members ___ Ran Ferris From: Mtinc@bellswth.net &nt: To: Ron Fenls Subject: Hunicane Katrina Friday, October 21,2005 555 PM Ron, Fdkwing the Mng last nigd I was able to talk with Ma,a Artola about the proposed Katrina Releii program devdopd by the dty. AUer talking with Major Artda I am cornfartable that the vehicles and computer equipment Will be distributed to those who need it most. If it is possible, I would like to see the resolution authoriring the mlef em to be placed on the November 3 agenda. Please convey my thanks to the cornmitee. Thank you. m 3 0 8 2 CD 93 1 5' E clr a CD 1 m 0 3 m 8 E* ip" 0" R 5 0 3 a 0 CD 1 5 CD 93 er m 1 CD P, E: er = 5 CD c, 0 1 E: z. 3 E' c1 cc z % g 0 cc, n h E' !t El' 3 2 5 1 0 m m W E 3 w cc 0 c, 1 CD 1 L. cc cc er h) 0 0 VI I * a cd CI 0 c 0 cc, ts er 93 CD er a er E 3 3 B (P cc cc 5 CD rn =;' CD cd 3 F 93 cb a 1 0 c E 3 c1 er cc CD 6 2d E' 93 er c, CD r \o h) 0 0 VI I cd a 1 0 c 0 cc, U * E ; 93 CD 3 a er 3 3 B n CD cc cc CD 0 er a c; 0 er E d 5 L. m CD 93 a a 1 2 E 3 s n z* 1 CD er m c+ I * a cd 1 0 c 0 cc, 93 E 3 E 3 2 z 3 r or 1 a 0 a CD er cc cd 1 CI 5 5 cc CD n z* w E m cc 3 m 5 6' z 0 1 5 cc 5 z. r z m cc : m 5 6' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 20,2005 Meeting Date: November 3,2005 SubjectlAgenda Item: Appointment Process for Board and Committees; Council Liaisons. [ ] Recommendation to APPROVE ll Recommendation to DENY Reviewed by: 1 City Attorney Finance Director Ayfl Submitted by: Department Director Cib Markger City Mqdger Advertised: Date: Paper: [ x] Not Required Affected parties [ ] Notified [ x] Not required costs: $ (Total) -- $- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 17,2004 0 Staff Report 0 Resolution 120, 2004 0 Staff Report Resolution 121,2004 0 Staff Report Code Sections Repealed by Ordinance 17, 2004 [ ]None Date Prepared: October 20,2005 Meeting Date: November 3,2005 Page 2 of 3 At several recent Council meetings, including the Council-Manager meeting on October IO, 2005, there were discussions concerning the structure of the City’s boards and committees created by Ordinance 17,2004. At least two issues were mentioned in the Council’s recent discussions: 1) the appointment process for board and committee vacancies and 2) Council liaisons. These issues are discussed separately below. 1. Appointment of Members Prior to June of 2004, the regulations relating to boards and committees were found in Chapters 2, 46, and 78 of the Code of Ordinances. In an effort to establish uniform procedures for all boards and committees, the various separate sections were repealed in their entirety, and a new consolidated section was created. The current procedure for appointment of members is established in Section 2-86 of the Code of Ordinances. At the Council-Manager meeting, several suggestions were made, including elimination of staff recommendations, separate meetings to review applications, and one-on-one briefings before appointments. If the Council wishes to modify the process, this section would need to be amended. Section 2-86 provides: Except as otherwise provided in this Code, appointments on boards and committees shall be made at a regular city council meeting in accordance with the following procedures: (1) Vacancies in the board or committee membership shall be filled by appointment of an alternate member by the city council for the unexpired term of the member affected. If two vacancies occur at the same time, the second vacant seat shall be filled by the second alternate. (2) The city clerk shall provide the list of volunteers, including current members who seek reappointment, to the staff liaison for review and recommendation. (3) The list of qualified volunteers, the attendance and voting records, and the recommendations of the staff liaison shall be placed on the council agenda for consideration . (4) The city council may interview board and committee members who desire reappointment and volunteers from the city clerk’s list. (5) The city council shall, in public session, select the person needed to fill such vacancy. Date Prepared: October 20,2005 Meeting Date: November 3,2005 Page 3 of 3 2. Council Liaisons Section 2-86 of the Code as it existed prior to June of 2004 provided: Sec. 2-86 Role of council liaison If a council liaison is appointed to the board, the council liaison shall be a nonvoting member and shall not serve as a member on subcommittees. The council liaison shall assist the board in setting goals and objectives and ensure that all applicable codes and laws are adhered to. The council liaison shall provide updates at city council meetings on the board’s accomplishments and needs as well as communicate the council’s desires to the board. The council liaison shall allow the board to proceed with agenda discussion items without comment, however, shall act as a resource to the board on questions concern i ng cou n ci I pol icy. However, Section 2-87 contained a somewhat contradictory provision that stated that the “chairperson shall preside at the board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. I‘ That same provision was carried over in Ordinance 17,2004 as the new Sec. 2-92 At the Council-Manager meeting, several suggestions were made, including a desire for better communication between the Council and the Boards, no liaison for the Planning, Zoning, and Appeals Board, as well as a discussion of whether liaisons should be rotated. If the Council wishes to re-establish council liaisons, it would be appropriate to either create a new section or to amend Section 2-89, as well as modify the chairperson/liaison provision of Sec. 2-92. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 As Amended at Second Reading -June 3,2004 Date Prepared: May 4,2004 ORDINANCE 17,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO BOARDS AND COMMITTEES; REPEALING ARTICLE 111 OF CHAPTER 2, CODE OF ORDINANCES ENTITLED “BOARDS, COMMITTEES AND COMMISSIONS” IN ITS ENTIRETY; REPEALING ARTICLE II OF CHAPTER 46, ENTITLED “PARKS AND RECREATION ADVISORY 23, CODE OF ORDINANCES ENTITLED “PLANNING AND ZONING COMMISSION” AND “BOARD OF ZONING APPEALS,” RESPECTIVELY, IN THEIR ENTIRETY; REPEALING SUBSECTIONS 78-261 (c)(l) & (3) AND SUBSECTIONS 78-262(e)(I) BOARD’’ IN ITS ENTIRETY; REPEALING SECTIONS 78-22 AND 78- & (2) IN THEIR ENTIRETY; RENUMBERING SECTIONS 2-172, 2- 173, AND 2-174, COLLECTIVELY, CODE OF ORDINANCES TO BE SECTION 7866, CODE OF ORDINANCES TO BE ENTITLED “ADMINISTRATIVE APPEALS”; CREATING A NEW CHAPTER TO BE ENTITLED “BOARDS AND COMMITTEES” TO ESTABLISH GENERAL POLICIES AND PROCEDURES FOR BOARDS AND COMMITTEES; CREATING THE ART IN PUBLIC PLACES ADVISORY BOARD; CREATING THE COMMUNITY AESTHETICS BOARD; CREATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; CREATING THE PARKS AND RECREATION ADVISORY BOARD; CREATING THE PLANNING, ZONING, AND APPEALS BOARD; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS FOR SUCH BOARDS; MODIFYING CERTAIN REFERENCES THROUGHOUT THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Article Ill of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” is repealed in its entirety. Article II of Chapter 46, entitled “Parks and Recreation Advisory Board” is repealed in its entirety Sections 78-22 and 78-23, Code of Ordinances entitled “Planning and Zoning Commission’’ and “Board of Appeals,” respectively, are repealed in their entirety. Subsections 78- 261(c)(l) & (3) and subsections 78-262(8)(1) & (2) are repealed in their entirety. SECTION 2. Sections 2-1 72, 2-1 73, and 2-1 74 collectively, Code of Ordinances are renumbered to be Section 78-56, Code of Ordinances, to be entitled “Administrative Appeals”. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 SECTION 3. All orders, actions, and recommendations previously made by boards and committees are hereby ratified and confirmed. SECTION 4. A new Article Ill, Chapter 2, Code of Ordinances to be entitled "Boards and Committees" is created to read: ARTICLE 111. BOARDS AND COMMITTEES DIVISION 1. GENERALLY Sec. 2-81. Purpose. The purpose of the following sections is to set forth procedures by which the various city boards and committees function. Boards and committees are established to provide recommendations to and assist the city council with issues of concern in the city. Except as specifically provided herein, all boards and committees are advisory only, and the creation of advisory boards and committees does not diminish or alter in any way the statutory and constitutional authority of the city council. Sec. 2-82. Scope. The provisions of this article shall apply to all boards and committees of the city and shall govern all members thereof. Neither "board" nor "committee" shall be construed to include the city council. Sec. 2- 83. Creation of Boards and Committees. (a) Boards. The city council may, by ordinance, create a board in connection with any functions of the city. The ordinance creating such board shall specify the purpose, powers, and duties of the board, and shall specify the number, qualifications, and terms of office of the members thereof. (b) Committees. The city council may, by resolution, create a committee whose purpose is to advise the city council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist. The resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof. Sec. 2-84. List of volunteers. The city clerk shall prepare and maintain a list of volunteers comprising those persons who have indicated an intention and willingness to serve as members of city boards and committees if appointed by the city council for such purpose. Any preference of the volunteers to serve on a particular board or committee shall be so stated. 2 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 2-85. Announcement of vacancies. All vacancies in the membership of any appointive city board or committee shall be announced by posting a notice of the same at a public place in city hall, by publishing a copy thereof in a newspaper of general circulation in the city, by posting an announcement on the city website, or by such other method deemed appropriate by the city, not less than five (5) days prior to the date at which the city council may interview candidates to fill any such vacancies. The city clerk shall also furnish to any member whose term is expiring a notice of such expiration and advise if the member is eligible for reappointment. Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for membership of boards and committees. Except as otherwise provided in this Code, appointments on boards and committees shall be made at a regular city council meeting in accordance with the following procedures: (1) Vacancies in the board or committee membership shall be filled by appointment of an alternate member by the city council for the unexpired term of the member affected. If two vacancies occur at the same time, the second vacant seat shall be filled by the second alternate. (2) The city clerk shall provide the list of volunteers, including current members who seek reappointment, to the staff liaison for review and recommendation. (3) The list of qualified volunteers, the attendance and voting records, and the recommendations of the staff liaison shall be placed on the council agenda for consideration. (4) The city council may interview board and committee members who desire reappointment and volunteers from the city clerk’s list. (5) The city council shall, in public session, select the person needed to fill such vacancy. Sec. 2-87. Records. The city clerk shall maintain the attendance record and the voting record of the members of all city boards and committees. Sec. 2-88. Compensation of members. Board and committee members shall serve without compensation except as may be provided by ordinance or resolution of the city council. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 2-89. General provisions. Members of boards and committees: Shall serve at the pleasure of the city council. Shall, except as othewise provided by state law or ordinance, be a resident of the city, maintain residency in the city during the term of appointment, and meet such other eligibility requirements as may be established by ordinance or resolution. Shall not hold any employment or ofice in the government of the city or any contractual relationship with the city, unless particularly specified herein. Shall serve on only one board or committee of the city. Shall not appear before that board or committee or the city council as agent or attorney for any person. Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. Must attend the meeting in person. No member shall participate as a member of any board or committee meeting or vote on any matter by telephone, video conferencing, or by any other electronic means. Sec. 2-90. Terms of members. (a) Terms of members shall be established in the ordinance or resolution creating the board or committee. (b) Members whose terms have expired shall continue to serve until their successors are appointed. (c) Board and committee members may be reappointed to successive terms, but shall serve no more than six (6) consecutive years, and no member shall be eligible for appointment to the same board until one year from the date the person left the board. Sec. 2-91. Alternates. (a) The city council shall designate a first alternate and a second alternate for each board or committee. 4 - Date Prepared: May 4,2004 Ordinance 17,2004 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Alternates may participate in the discussion of matters coming before the board or committee, but may vote only when any regular member is absent from a scheduled meeting. (c) At all meetings, the chairperson of the board shall note for the record any member who is absent. (d) In the absence of a regular member, the first alternate shall sit in the absent member‘s place. In the absence of a second regular member, the second alternate shall sit in that absent member’s place. Sec. 2-92. Officers. (a) All boards and committees shall, at a meeting during the month of January, elect a chairperson and a vice-chairperson, and any other officers as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice- chairperson are absent, the board or committee shall appoint a chairperson pro tempore to assume the duties of the chairperson. Sec. 2-93. Rules. Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the city council. Sec. 2-94. Meetings. (a) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law. Special meetings shall not be held unless at least twenty-four (24) hours notice is given to each member and the city clerk. (b) Members shall notify the staff liaison if they are unable to attend a meeting. The staff liaison shall notify the alternate that hidher attendance is required. If a quorum will not be present, the scheduled meeting shall be cancelled. The staff liaison will notify the city clerk of any cancellation and the member(s) absent. (c) A quorum for the transaction of business shall be established in the ordinance or resolution creating the board or committee. 5 . .. . __ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 (d) An audio recording shall be made of all meetings. Additionally, minutes shall be kept of the proceedings at each meeting and shall record the official acts taken by the board or committee. Audio recordings and minutes shall be maintained by the city clerk. (e) All meetings and public hearings of boards and committees shall be open to the public. All meetings shall be governed by Government-in-the-Sunshine pursuant to Section 286.01 1, Florida Statutes. Sec. 2-95. Quorum and required vote. A quorum for the transaction of business shall consist of four (4) members for boards and committees with seven (7) members. A quorum for the transaction of business shall consist of three (3) members for boards and committees with five (5) members. A quorum for the transaction of business shall consist of two (2) members for boards and committees with three (3) members. The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other matter shall be deemed denied. Sec. 2-96. Removal of members. Except as otherwise provided by ordinance, any member who no longer resides within the city during hislher term shall automatically cease to be a member of the board and shall inform the city clerk's office. Any member of the planning, zoning, and appeals board who is absent from sk 0 four (4) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the board. Any member of any other board or committee who is absent from three (3) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the respective board or committee. Automatic removal of a member shall cause a vacancy to exist in the membership of the particular board or committee. The city clerk shall send written notice of such automatic removal to the affected member. All board and committee members shall serve at the pleasure of the city council and may be removed without cause by a majority vote of the city council, unless otherwise provided by the Charter or Florida Statutes. Sec. 2-97. Resignation of members. Members of boards or committees may resign at any time, by submitting a resignation to the city clerk. 6 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 2-98. Clerical/technical support. The city manager may furnish the board or committee necessary clerical services and technical assistance. Sec. 2-99. Dissolution of boards. The city council may dissolve a board or committee if the city council determines that the board is no longer needed to meet the purposes for which it was established. DIVISION 2. ART IN PUBLIC PLACES ADVISORY BOARD Sec. 2-105. Creation. There is hereby created the Art in Public Places Advisory Board. Sec. 2-1 06. Purpose. The purpose of the art in public places advisory board is to promote greater public participation in, and access to, arts and culture in the city and to make recommendations to the city council to implement the art in public places regulations, including site and arlwork selection and review of artist(s) and arhnrork(s) commissioned or purchased by the city. Sec. 2-107. Powers and Duties. The art in public places advisory board shall have the following powers and duties: (1) Review submissions of existing or commissionable works of art and make recommendations to the city council. (2) In the development review process, the board shall review the proposed art in public places location on site and make recommendations to the applicant on the most suitable location for art on site. (3) Make recommendations to the city council on expenditures of art impact fees. Sec. 2-108. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. 7 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Appointments shall be made by the city council based on experience and interest in arts and cultural issues in the city and shall, whenever possible, include persons who have professional expertise or substantial volunteer involvement in: Visual, performing, or literary arts. Architecture, design, or urban planning. Arts and cultural institution management. Ed ucation . Sec. 2-1 09. Meetings. (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 3. COMMUNITY AESTHETICS BOARD Sec. 2-1 15. Creation There is hereby created the Community Aesthetics Board. Sec. 2-1 16. Purpose The purpose of the community aesthetics board shall be to provide recommendations to the city council with a broad outlook towards present and future community improvements which aesthetically enhance the neighborhoods and open space within the city. Sec. 2-1 17. Powers and Duties. The board shall have the following powers and duties: (1) At the request of council, review and provide recommendations on public roadway beautification projects. (2) Approve community and neighborhood improvement grant applications. (3) Review and provide recommendations on public environmental projects. (4) Issue city beautification and/or environmental awards. (5) Represent the city as the official “Tree Board” in developing a comprehensive community tree management plan for the care of trees on public property. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 (6) Report to the city council as requested on special projects relating to community aesthetics and open space. Sec. 2-1 18. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (I) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Appointments shall be made by the city council based on experience and interest in improving community and neighborhood aesthetics and shall, whenever possible, include members with a background in building construction, architecture, urban design, horticulture, landscaping, and related fields. Sec. 2-1 19. Meetings. Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 4. ECONOMIC DEVELOPMENT ADVISORY BOARD Sec. 2-125. Creation. There is hereby created the Economic Development Advisory Board. Sec. 2-1 26. Purpose. The purpose of the economic development advisory board is to provide private sector insight, business expertise, and recommendations to the city to encourage and facilitate a balanced and diversified economic base compatible with the city’s quality environment. Sec. 2-127. Powers and Duties. The board shall have the following powers and duties: (1) Review and approve applications from companies wishing to qualify for the expedited permitting program. (2) Identify growth industries to diversify the city’s economy. (3) Develop action plans to leverage both national and local economic trends. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 Date Prepared: May 4,2004 Ordinance 17,2004 (4) Act as good-will ambassadors to companies seeking to relocate or expand operations to/in Palm Beach Gardens. (5) Identify proper venues to reach the city’s target market of value-added employers. Sec. 2-128. Membership. The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (I) year; thereafter, all appointments shall be for a term of two (2) years. Members of the board shall own and/or operate a business within the city, and need not be a resident of the city. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: A representative of the Business Development Board of Palm Beach County, I nc. A representative of the North Palm Beach County Chamber of Commerce, Inc. A representative of the PGA Corridor Association, Inc. Representatives of private-sector value added businesses. Sec. 2-129. Meetings. (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than four (4) times per year. DIVISION 5. PARKS AND RECREATION ADVISORY BOARD Sec. 2-1 35. Creation. There is hereby created the Parks and Recreation Advisory Board. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 Sec..2-136. Purpose. The purpose of the parks and recreation advisory board shall be to serve as advocates for the citizens by conducting constructive investigation, discussion, and review; providing advice to the Community Services department, city manager, and city council with a broad outlook towards improving present recreational facilities and increasing utilization of the facilities by the public; and evaluating and recommending future community needs for recreational projects and facilities. Sec. 2-137. Powers and Duties. The parks and recreation advisory board shall have the following powers and duties: (1) Investigate matters referred by the city council and submit reports to the council on such matters. (2) Review and make recommendations to the city council concerning parks and recreation issues. (3) Participate in visioning, strategic planning, and development of a Capital Improvements Plan to address the recreational needs of the city. (4) Conduct public participation meetings on issues related to parks and recreation. (5) Survey the community recreational needs and develop recommendations to meet those needs. Sec. 2-138. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: (1) A participant in senior targeted activities. (2) A tennis center participant. (3) A golf course participant. (4) A recreational programming participant. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3s 36 37 38 39 40 41 42 43 44 Date Prepared: May 4,2004 Ordinance 17, 2004 (5) An aquatics programming participant. (6) An adult sports programming participant. (7) An arts and cultural advocate. (8) A special population advocate. (9) A volunteer from the PBG Youth Athletic Association. Sec. 2-1 39. Meetings. (a) Meetings shall be at the call of the chair, provided the board shall convene no less often than eight (8) times per year. DIVISION 6. PLANNING, ZONING, AND APPEALS BOARD Sec. 2-1 45. Creation. There is hereby created the Planning, Zoning, and Appeals Board. Sec. 2-146. Purpose The purpose of the planning, zoning, and appeals board is to make recommendations to the city council on development petitions that appear before the board, and hear and decide upon variance requests and appeals to administrative decisions made by the administrative officials of the city on issues related to the land development regulations. Sec. 2-147. Powers and Duties. The City Council hereby authorizes the board to hold and perform the following powers and duties: (1) Review and make recommendations to the city council on site plans, master site plans for planned unit developments, planned community developments, and major amendments thereto. (2) Hold workshops and public hearings on development petitions presented to the board. (3) Review all requests for zoning changes prior to review of said changes by the city council. 12 Date Prepared: May 4,2004 Ordinance 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Review and make recommendations to the city council on requests for annexation of lands into the city, together with requested land use and zoning of the annexed lands. Act as the land development regulation commission to develop and recommend land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the city council regarding its findings. Act as the local planning agency to develop and recommend to the city council comprehensive plan and future land use map revisions. Hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city’s land development regulations. Hear and decide on all variance requests in accordance with Section 78-53 of the city’s land development regulations. The board shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. Sec. 2-148. Membership. The board shall consist of seven (7) regular members and two (2) alternates. Additionally, there shall be a representative of the school district appointed by the school board as a nonvoting member. Initial appointment of members of the Board shall be for the following respective terms: four (4) regular members and one (I) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. Members of the board shall be residents of the City of Palm Beach Gardens, and shall be chosen from the following professions as outlined below: At least one of the following disciplines: Architects Land scape Arc hi tects Planners 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 __ . - . . . . . - Date Prepared: May 4,2004 Ordinance 17,2004 At least one of the following disciplines: Attorneys Engineers Real Estate Professionals Environmental Professionals Land Surveyors At least one of the following: One resident at large Sec. 2-149. Meetings. less often than once every two (2) months. terms shall be modified as follows: Meetings shall be at the call of the chairperson, provided the board shall convene no SECTION 5. All references throughout the Code of Ordinances to the following Art in Public Places Advisow Board 1 Communitv Aesthetics Board Plannina. Zonina. and Ameals Board Planning. Zoninq, and Appeals Board SECTION 6. Codification. Codification of this Ordinance is hereby authorized and directed. SECTION 7. Effective Date and Transitional Provisions. Except as specified herein, this Ordinance shall be effective immediately upon adoption. The effective date of Sections 2-1 08, 2-1 18, 2-1 28, 2-1 38, and 2-148 shall be October 1, 2004. Members of all boards and committees serving as of the date of adoption of this Ordinance shall continue as members until October 1, 2004, at which time the terms of all members of all boards and committees shall cease. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17,2004 PASSED this J6ln day of A , 2004, upon first reading. PASSED AND ADOPTED this day of y& ,2004, upon second and final reading. &cd&v David Levy, C.ouncilmember ATTEST: BY: Patricia Snider, City Clek APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR J J AG AI N ST ABSENT J J BY: ristine P. Tatum, City Attorney J \\pbgsfiie\Attomeybtey-share\ORDiNANCES\boards and commissions - ord 17 2004 ciean.doc 15 Date Prepared: May 6, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 120,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE EDUCATION ADVISORY COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish an Education Advisory Committee. 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. Creation. There is hereby created the Education Advisory Committee. This Committee is created for a period of one (1) year from the effective date of this Resolution and shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The primary purpose of the Education Advisory Committee is to promote quality public education for youth and adults through advocacy, support, and discussion of issues facing local educational entities. Advisory only in nature, this committee provides a communication link between City Council and Citizens on matters that face public education, school development, and student achievement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 6,2004 Resolution 120,2004 SECTION 4. Powers and Duties. The Committee shall have the following powers and duties: (1) Investigate and report on matters directed to the Committee by City Council. (2) Encourage broad-based citizen participation concerning public educational (3) Establish annual awards programs on behalf of the City Council, recognizing (4) Support the development of educational resources within the community, (5) Provide an annual report to the Council on the status of education within the (6)Host an annual educational forum where citizens can interact and discuss (7) Encourage information exchange during Committee meetings to facilitate the (8) Develop recommendations for the City Council regarding suggested actions to be taken to affect the quality of local schools or to support issues related to educational legislation. SECTION 5. MEMBERSHIP. (a)The committee shall consist of seven (7) regular members and two (2) (b) Members of the committee shall have served in a volunteer or paid capacity with an educational entity for minimum of one year. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: (1)A person currently employed as a youth educator. (2) A person currently employed as an adult educator. (3) A person the business community within the City. services within the City limits. outstanding students, teachers, and community leaders. including adult education and lifelong learning. community. issues, hopes, and concerns with local educational entities. exchange of knowledge about individual school operations. alternates. All members shall be appointed for a term of one year. 2 Date Prepared: May 6,2004 Resolution 120,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 6. MEETINGS. Meetings shall be at the call of the chairperson, provided the committee shall convene no less often than eight (8) times per year. SECTION 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ThX ,2004. CITY OF PALM BEACH GARDENS, FLORIDA 0 ATTEST: BY: , Mayor BY: - - Patricia Snider, City Cl&k APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO J --- / --- / COUNCILMEMBERCLARK --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- J 0 \\pbgsfile\Attorne~\attomey_share\RESOLUTlONS\EDUCATiON ADVISORY COMMITTEE.doc d 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 121,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE BUDGET OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish a Budget Oversight Committee. 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. Creation. There is hereby created the Budget Oversight Committee. This Committee is created for a period of two (2) years from the effective date of this Resolution, but shall only meet as provided in Section 6 herein. The Committee shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The purpose of the Budget Oversight Committee is to provide citizen input for the budget process. SECTION 4. Powers and Duties. The committee shall have the following powers and duties: a Date Prepared: May 6,2004 Resolution 121,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (1) Review the proposed operating and capital improvements budget as prepared by staff. (2) Request information from staff in order to analyze the proposed operating and capital improvement budget. (3) Review the recommended spending plan for compliance with current adopted financial policies, Le., fund balance levels, debt service coverage, etc. (4)Make a recommendation to Council during the budget adoption process to approve the proposed operating and capital improvement budget, as submitted. SECTION 5. MEMBERSHIP. (a) The committee shall consist of three (3) regular members. All appointments shall be for a term of two (2) years. (b) Members of the committee shall: 1. Be either a resident of the City of Palm Beach Gardens, or the owner and/or operator of a business within the City. 2. Possess considerable experience in a financial related discipline, such as banking, finance/accounting, managemenumanagement consulting, or be a small business owner. SECTION 6. MEETINGS. Meetings shall be at the call of the chair, provided the committee shall convene no less often than twice during the budget preparation cycle (June - September). SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: May 6,2004 Resolution 121.2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this @ day of Tk ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric i Mayor ATTEST: - __-- -2 BY: / A Patricia Snider, City erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY h BY: Christine P. Tatum, City Attorney VOTE: AYE BSENT J MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBERCLARK --- COUNCILMEMBERDELGADO --- COUNCILMEMBERLEVY --- / 4 L/ .c \\pbgsfileMtorneybttorney_share\RESOLUTlONS\budget oversight committee - reso 121 2004.d~ 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 Subiect/Aeenda Item: Ordinance 17, 2004 (second reading), amending the city advisory boards and committees, to establish general policies and procedures and to update the purpose, powers and duties, and membership criteria for such boards and committees. Resolution 120,2004, creating the Education Advisory Committee, and Resolution 121,2004, creating the Budget Oversight Committee. [ X ] Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: City Attorney Submitted by: Sheryl Stewart, Assistant to the City Manager Originating Dept.: Administration Advertised: Date: Paper: [ ] Not Required Affected parties wotified [ ]Notrequired costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ]Denied [ ] Continued to: Attachments: Ordinance 17,2004 Resolution 120,2004 Resolution 12 1,2004 Liaisons Chart Board member survey summary Council-Manager Form of Government Report summary [ ]None Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND Council unanimously approved on first reading Ordinance 17, 2004, amending the city advisory boards and committees. During first reading, Council discussed changing Section 2-96 (b) of the general procedures in Ordinance 17,2004, to indicate that any member of the planning. zoning and appeals board who is absent from four (4) consecutive regular meetings or 25% of regular meetings in a twelve (1 2) month period would automatically be removed as a member of the board. Currently, the ordinance reads that any member of the planning, zoning and appeals board who is absent six (6) consecutive regular meetings or 25% in a twelve month period would automatically be removed. This change to the Ordinance would have to be read into the record as part of Council’s motion to adopt the Ordinance on second readin% PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission (Commission) held a public hearing on May 25,2004 and recommended approval with four changes to Ordinance 17,2004 to the City Council with a vote of 5-1. Commissioner Michael Panczak voted against approval of Ordinance 17, 2004. The Commission proposed the following changes to the subject ordinance: Limit the members to one-year terms. Ordinance 17,2004 proposes two-year terms. Eliminate the six-year maximum number of years that a member can serve on the Commission. Ordinance 17,2004 proposes a six-year maximum after which a member is eligible to re-apply for appointment to the Commission provided a waiting period of one year has passed. Substitute the six consecutive absences with four after which a member is automatically removed from the Commission. Ordinance 17,2004 proposes six consecutive absences or 25% of all meetings of an entire year. Retain the function of reviewing site plans and architecture associated with said plans. Ordinance 17, 2004 does not propose to take this function away from the Commission as an interim measure at this time. Regarding each point above, staff believes the following: 0 0 Two-year terms are appropriate and would provide continuity on each board and committee. The proposed one-year waiting period for any member who has served for six years on a board or committee before applying again for an appointment affords an opportunity for other applicants/City residents to serve on a board or committee. The existing language in the Code limits the maximum number of years to be served to six years, but a member may serve for additional years if granted a waiver by the City Council. 2 0 Staff agrees with the Commission on reducing the six consecutive absences to four because six absences are excessive and can be disruptive to the Commission as a whole. The City Council also directed staffto reduce it to four during the City Council’s review of Ordinance 17,2004 on First Reading. 0 Ordinance 17.2004 does not propose to take the function of reviewing individual site plans and architecture from the Commission at this time. However. staff will be reviewing the Code and proposing to make amendments to it to permit staff to review and approve site plans within Planned Unit Developments (PUDs) and Planned Community DevelorJments (PCDs) as soon as time allows. The obiectives will be to eliminate between three to four months of the review and approval process. use staff time more efficiently by not having to praare agenda items for the Commission and the City Council, and to differentiate between policy and implementation. The City Council reviews and approves PUDs and PCDs because they involve Dolicy decisions, whereas site plans within PUDs and PCDs are the implementation of such policy so long as they are consistent with the desim widelines and development orders. STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on second reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. In addition, staff recommends approval of companion Resolutions 120 and 121,2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. 3 Date Prepared: May 4,2004 Meeting Date: May 20,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND During the Council Meeting on April 1 , 2004, Council discussed staff's recommendations provided in response to Council's directives concerning the City advisory boards and committees, including improvements to the liaison system and the board process as a whole. Attachment 1 is an executive summary of the rmort discussed. There was Council consensus for having staff to serve as the liaisons to internal boards and special project committees. For those boarddcommittees that did not already have staff liaisons, the City Manager has appointed staff, as shown on Attachment 2, the u-dated liaisons chart. In addition, there was also Council consensus directing staffto bring back the necessary ordinance and resolutions to amend the boards and committees program, as well as to establish an updated and clear purpose, duties and membership information for each board and committee. Based on Council's feedback on April 1,2004, staff prepared the attached proposed ordinance and resolutions according to the approach summarized below. PART I: ESTABLISH GENERAL POLICIES AND PROCEDURES FOR ALL BOARDS The proposed new Article within the Code of Ordinances deletes the provision for council liaisons for internal boards and committees, and for consistencv, efficiencv and effectiveness purposes standardizes the orpanizational and operational procedures which will Dertain to all boards and committees, hiehliphted as follows: 1. 2. 3. Distinrmishes between a board and a committee by definition. Boards will be created by ordinance, to exist on an on-going basis in order to advise council on any function of the city. Committees will be created by resolution, to exist for a specific period of time in order to advise council on an item of special nature. Centralizes tasks related to board and committee records maintenance, member ar>r>lication, and amointment Drocess within the Citv Clerk's Office. This includes maintaining a list of those who have applied and are interested to serve as members, notification regarding term expiratiodappointment and eligibility for reappointment. The city clerk will also maintain attendance and voting records, minutes, audio tape recordings and records of official acts taken by the board or committee. Provides for a Drocess for announcing and filling vacancies on boards and committees. This includes posting notices on the city's website and in city buildings and publishing ads at least five days prior to the date at which city council may interview candidates to fill vacancies. The proposed ordinance clarifies that vacancies for unexpired terms will be filled by appointment of an alternate member, and if two vacancies occur at the same time, the second vacant seat will be filled bv the second alternate. 2 4. 5. 6. 7. 8. 9. Establishes procedures for citv council to make appointments during a renular city council meeting. based upon objective criteria. The staff liaison will review the list of interested members, including current members who seek reappointment, determine if they meet the proposed qualifications for serving on the board or committee, and prepare recommendations regarding appointments for council to consider. During a public meeting, the council may interview those who seek appointment or reappointment, and then make their selection(s). Continues the residency reuuirement for board and committee members, unless otherwise provided bv ordinance or resolution. For example, on the proposed Economic Development Advisory Board and the Budget Oversight Committee a member may own or operate a business in the city. Includes general provisions to avoid any perceived or actual conflicts of interest by adding that members cannot be emdoved bv or have any contractual relationship with the city, unless otherwise Drovided by ordinance. Also added is that members can only serve on one board or committee at any one time: this will apply to all boards/ committees, including pension boards. Establishes term limits. Members will not be allowed to serve more than six consecutive years. To meet the intent. they must then wait one Year from the date they left theboard before amlving to serve again. Establishes for all boards the election of a chair and vice-chair during Januarv each year. Establishes basic rules for meetings, which will be open to the public in accordance withFlorida Sunshine Laws, with minutes and audio tape recordings of such meetings. Members will be required to noti@ the staff liaison if they cannot attend a meeting. The proposed ordinance eliminates the language regarding excused and unexcused absences. Along with the definition of what constitutes a quorum, the proposed ordinance indicates that if a auorum is not present, the meeting will be cancelled. 10. Provides for staggered membershir, terms, and updates how members can be removed to include that any member who is absent 25% of the regular meetings in a year will automatically be removed. PART 11: RE-EXAMINE EACH BOARD AND COMMITTEE Applying the proposed standards outlined above, staff looked at each existing board and committee. re-examined its DurDose. duties and membershiD criteria. and considered whether it should be established as a board (bv ordinance). or as a committee (by resolution). Should Council approve, following the general requirements section of the proposed new Article in the Code, each board will have its own section with updated information. Below is a summary of staffs analysis of the boards and committees, and the proposed updates to them. One of the common provisions being proposed for consistency is that the boards will be composed of seven regular members and two alternates. 3 Art in Public Places Advisorv Board: Staff proposes changing the name from the Art Advisory Committee, to establish it in the code as a board by definition, and to clarifL its purpose which is to promote greater public participation in and access to arts and culture in the city. In addition to screening submissions of art work and making recommendations to city council, the board would have the responsibilities specifically related to implementing the city’s art in public places program, including making recommendations on site location and artwork selection, and on expenditures of art impact fees. Membership qualification criteria have been added in an effort to include people, when possible, with professional expertise or substantial volunteer involvement in visual, performing or literary arts, architecture, design or urban planning, arts and cultural institution management, or education. Communitv Aesthetics Board: Staff proposes changing the name from the Beautification and Environmental Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide recommendations to council with a broad outlook towards present and future community improvements that aesthetically enhance the neighborhoods and open space in the city. Prior to this update, the board was mainly responsible for the preparation of a beautification master plan, which has been completed. The board would now have the specific responsibilities, such as providing recommendations about public roadway beautification projects, approving neighborhood improvement grant applications, issuing city beautificatiodenvironmental awards, and serving as the city’s oEcial “Tree Board.” Membership qualification criteria have been added in an effort to include people, when possible, with a background related to building construction, architecture, urban design, horticulture or landscaping. Economic DeveloDment Advisorv Board: Staff proposes changing the name from the Economic Development Oversight Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide private sector insight, business expertise and recommendations to the city to promote a balanced, diversified economic base for the city. Membership qualification criteria have been provided in an effort to include representatives from the Business Development Board of Palm Beach County, North Palm Beach County Chamber of Commerce, PGA Corridor Association, and value-added private sector businesses. Parks and Recreation Advisorv Board: Staff proposes to clearly define the board’s purpose in the code, which is to advise, review information and provide public input, support and advocacy for the hture development of parks and recreation resources for the community. Membership qualification criteria have been added in an effort to include people, when possible, with experience and interest in many of the city’s recreation services. Plannine. Zonine and Ameals Board: Staff proposes to combine the Planning and Zoning Commission and Board of Zoning Appeals into one board with a new name in the code, and to define its purpose which is to review and make recommendations to city council on development petitions, and hear and decide on variance requests and appeals to administrative decisions related to the land development regulations (LDRs). The board powers and duties include making recommendations on site plans, master site plans for planned unit developments (PUDs), planned community developments (PCDs) and major amendments to these plans, annexation petitions and 4 zoning requests. As the Land Development Regulation Commission and the Local Planning Agency, the board will continue to review and recommend amendments to the LDRs and Comprehensive Plan, respectively. Membership qualification criteria have been added to require that at least one member has a background from two specific types of professional disciplines, related to (1) architecture or planning, and (2) engineering, law, real estate, land surveying or the environment. Also, there will be a representative of the school district appointed by the school board as a nonvoting member. The board will continue to review and make recommendations on site plans as an interim measure until staff has adequate time to study and draft amendments to the city’s land development regulations - to permit staff to review and approve individual site plans within PUDs and PCDs at staff level. It is staff’s goal to streamline and expedite the development review and approval process for site Dlans. This will Drovide staff with more responsibilitv and flexibility to make the technical decisions about proiects based upon obiective criteria that will be established. Education Advisorv Committee: Staff proposes changing the name of the board to make it a committee with a clearly defined purpose, which would be to serve as advocates for improving the quality of public education in the city. As directed bv Council, this committee will be established by resolution for one year, with clearly defined duties and meetinn reauirements. At the end of one year, staff will review whether the committee has been effective and should be extended. or whether it should stand dissolved. Like other boards and committees, membership qualification criteria have been proposed to include individuals with a background in the education profession and business community. Also, staff will make an effort to involve students from the local magnet school programs in a nonvoting capacity. Budget OversiPht Committee: Staff proposes establishing this committee by resolution for the specific purpose of providing citizen input to the city’s annual budget process, as has been the practice over the past several years. Members will be appointed based upon their background related to business, banking, finance or management, and will serve for a term of two years, which will allow staff the opportunity to re-evaluate its effectiveness on a bi-annual basis. Boards/Committees Survey: To assist in the analysis process, staff sent a survey to the existing board and committee members for their feedback and input, Attachment 3 is a summary of the responses, which indicate a 60% rate of participation in the survey. Most members indicated that they understood the purpose of their boardcommittee, and most would like to be considered for re- appointment. PART 111: IMPLEMENTATION STRATEGY Upon Council’s approval of the ordinance. staff will re-evaluate the existing composition of all the boards and committees based upon the updated membership criteria. Staff will also conduct a city- wide effort to publicize the opportunity to serve on the various boards and committees. Staff will be taking a look at updating the application form and preparing a formal orientation program which all new members will be required to attend. As part of the program, new members will receive a handbook which explains the Sunshine Law, voting and a guide to local government. 5 In order to start the new Drocess in an organized manner. all seats will be considered vacant starting October 1,2004. Members that currently serve will be eligible to submit aDplications alonn with anvone else interested. Upon receipt of these applications, staff will bring forward a resolution for the appointments and reappointments to the boards and committees based on the new criteria proposed. The goal for this resolution will be to include existing and/or new members to the boards, under the new program and based on the staggered terms proposed. After adoption of this ordinance, all boards and committees will operate under the new code provisions, except those provisions relating to membership. During the transition period (from the date of adoption until October 1,2004), all current members will remain in place and all current vacancies and amlications will be on hold. In addition, the staff liaisons will be sharing the new code provisions with existing board and committee members during their upcoming meetings over the next six months. The proposed changes to the Planning and Zoning Commission involve amendments to the Land Development Regulations, which will be considered by the existing members at their meeting on May 25,2004. STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on first reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. No action will be taken by Council on the companion Resolutions 120 and 121, 2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. They will require action on second reading of the Ordinance, scheduled for June 3,2004. 6 ATTACHMENT 1 Executive Summary of Council-Manager Form of Government Report Implications for the roles of mavor, council and citv manaper: 0 0 0 0 0 0 Council’s role as chief policymaker is enhanced by a manager responsible and accountable to execute and administer its policies. They form a cohesive policymaking and management team. (pgs. 7-8) Council should issue directives and make requests as a unified body directly to the manager. (pgs. 8-9) Maintains strict separation of responsibilities between policymaking and administration. (pgs. 8-1 0) Each council member has equal access to information. (pgs. 9-1 0) Contrary to the concept of keeping all five council members equal. (pg. 12) Agenda-setting is an administrative process not policy. (pgs. 1 1 - 12) Potential for violating the due process rights of those conducting business with the city. (pg. 12) Issues raised bv mavor settinp apenda prior to council meetinm: Council Liaisons: - Pros: 0 Gives citizens a sounding board to express political issues and broader community views. (pg. 14) 0 Citizens involved in the governing process. (pg. 14) 0 Needed for external boards dealing with intergovernmental matters. (pg. 16) 0 Contrary to the concept of keeping all five council members equal and informed. (pg. 14) Diminishes purpose for citizen advisory boards. Separates politics from board discussions. (pg. 14) Time consuming and duplicates the efforts of staff. (pgs. 14-15) 0 Conflicts with council-manager form of government. (pg. 15) Code allows council to dissolve a board if: (pg. 17) - Cons: Dissolving a board: 0 o It is no longer needed to meet its purpose, or purpose has been served o Acts outside the scope of responsibilities o A decision has been made by council o No resources to support the board o Appears to serve political interests Member appointments and qualifications - Recommendations by staff renardinn advisorv boards and committees: o Qualifications should be clearly defined in the code. (pg. 2 1) o Staff should proactively advertise board vacancies to maintain a pool of qualified interested volunteers. (pg. 21) o For internal and special project boards, staff should conduct recruitment process and make appointment recommendations to council for final selection as a body. (pg. 22) o Boards enabling legislation and information should be together in one article of the code. (pg. 22) o Boards should have standardized operating procedures to ensure consistency. (pg. 22) o State definition of board and committee in the code. (pg. 22) o Formal orientation process should be a requirement for all board members to have clear purpose of their roles and responsibilities. (pg. 23) o Review purpose and duties of boards to update code to reflect changes and current issues, such as P & Z Commission to establish parametershiteria for architectural review. (pgs. 18,23) Performance- o Dissolve Education Advisory Board. Its purpose is no longer clear, and members have expressed desire to disband. (pgs. 18,23) o Sunset GNAiNeighborhood Program Meetings and Gardens United as a city facilitated committee; continue issue-driven community public meetings. (pgs. 19-21,23) o Establish by resolution or ordinance Economic Development Oversight Committee and Budget Oversight Committee. (pg. 2 1) 0 Organization and operation - ATTACHMENT 2 CITY ADVISORY BOARDS AND COMMITTEES LIAISONS INFORMATION - ~- .-_ - . - _I_ -- ""__ . INTERNAL BOARDS "-----I------- Art in Public Places Advisory Board --- 1-- -------- .__ --~ __.~^~ -- Community Aesthetics Board %;iG, --- Zoning and Appeals Board Parks and Recreation Advisory Board .____I.__.__" II I Economic ....... Development . lll._ Advisory " 11--1 Board I_ I" * .I I SPECIAL PROJECT COMMITTEES __ Budget Oversight Committee ----- _--_ Advisory Committee ' -_ -- -_I_ "-1 -- --- - ----_l..l_-"- 111- -~ "11 EXTERNAL BOARDS ................... Intergovernmental ........ Issues I ... ." ...... ...... Loxahatchee River "",-."""" .... .. "- .... t I- North County Northlake Boulevard Task Force Seacoast Utility Authority P.B. Co. Metropolitan Planning I ... . "I Intergovernmental ......... .............. I.I ................................... .. - I ----- I- -I.._. -..--. -.___--" 1.- ..................... . ,-... . 200412005 200412005 I ........... ........ ... ........... . .............................. .......... I _._ Staff _. . ~ . Liaison "._ ...... . l--".""-l. __..I -___"_ Autumn Sc----. ..... I I Mark Hendrickson I ----I Charles Wu ........... ... ", ..... ........ ...... .. Allan'OweG .. ...... Charlotte Presensky 111 --"". --~-... * ----- Alternate -- A. Delgado -I" . Council Liaison - - . I - -__- D. Clark D. Levy ." __" -------- ,,.~,~_._,_I,.^_ ....... ........................... . t...*- . ..... ....... ..... ------- . , ... -_ ..................... , ................... ..... .............................. ..... ...... -- ..... E. Jablin R. Ferris c. wu T. Benothman R. Ferris D. Clark E. Jablin -..^~-I- -__ -.-...11^- ".111--~~.". -.--- -- ------ _lll .---. ...--.-_... ......_--. - .......... " ........ . -. -.I- I ".."--11-. -. Internal Board - Permanent - adopted by Ordinance External Board - Permanent, external to the City organization SDeeial Proiect Committee - adopted by Resolution with specific duties, effective dates and sunset dates. - Note: Ordinances updating and amending the City's Fire Pension Fund, Police Pension Fund and General Employees Pension Fund were recently approved by City Council on April 15, 2004. Further, because these boards function differently than the City's advisory boards and committees, they have not been included in this chart. ' Proposed new name, formerly known as Art Advisory Committee Proposed new name, formerly known as Beautification and Environmental Committee Proposed new name, formerly known as Planning and Zoning Commission ' Proposed new name, formerly known as Economic Development Oversight Committee Proposed new name, formerly known as Education Advisory Board. ATTACHMENT 3 CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: May 4,2004 FROM: Patricia Snider, City Clerk SUBJECT: Boards and Committees Sheryl Stewart, Assistant to the City Manager Attached please find the summary sheet which captures all responses obtained from our recent survey sent to the internal Boards and Committees. If you need any additional information, please let me know. cc: Chris Tatum, City Attorney U C (II t 5 L 3 B .. IC 0 al N (ID .- d 8 m a C .- E e! 0 c W s 0 >r 0 c) ‘5 n L g U f E e s d ‘5 n 0 c u) s 0 U L a % IC 0 L a g d c. a f s .a E s 6 2-81 8ec. 2.56. Nonmembem addressing the council. (a) No parson other than a member shall be allowed to address the council unless permitted by the chair. (b) All members of the public addressing the city council shall do so at the lectern provided. (Code 1987,s 30.08) Sec. 2-68. Momement or rruepension of rules. (a) The chair, when the city council is in session, shall enforce parliamentary rules for its government in accordance with Robert's Rules of Order. (b) Any of the parliamentary rules may be suspended by the vote of four members of the city council for the meeting then in session. (Code 1987, 0 30.09) Sea. 2-67. VOt-. All votes shall be cast by ayes (affirmative or negative) of the city council and the city clerk shall record the vote of each member. (Code 1987,O 30.10) Sea. 2-68. Notice requirements of special and workshop meetings. The city clerk shall poet written notice of all special and workshop city council meetings on all city bulletin boards as Boon as practicable upon scheduling of same by the city councilymd all meetings of the city council shall begin at 8:OO p.m. unless changed by vote of the city council. (Code 1987,s 30.12) 0 Secs. 2-69-2-80. Reserved. ARTICLE 111. BOARDS, COMMITTEES AND COIMMISSIONS+ DMSION 1. GENERALLY Sea,. 2-81. Purpo-. The purpose of the following sections is to set forth procedures by which the various city boards function. Boards are established to provide recommendations to and assist the city WFOIII mfemncee-Firefighters' pension trust fund board of trustees, 9 38-62; recreation advisory board, 9 46-31 et 8eq.f police officers' retirement trust fund board of trustees, Q 50-81 et seq. a Supp. No. 11 CD2:7 Q 2-81 PALM BEACH GARDENS CODE council with issues of concern in the city. Boards are advisory only and the creation of advisory boarda does not diminish or alter in any way the statutory and constitutional authority of the city council. (Ord. NO. 12-1999, Q 1,4-8-99) Editor's notdd. No. 12-1999,Q 1, adopted April 8,1999, repealed the former 6 2-81 and enacted a new 0 2-81 88 set out herein. The former Q 2-81 pertained to the limitation on continuous terme of office and derived from Code 1987,Q 32.01. Sec. 242. Elrtablilrhment of boardr. The city council may establish adviaory boards by resolution or ordinance. Such resolution or ordinance hall state the specific purpose for a board's creation, composition ofthe board, qualifications of members, terms, and the board's area of responsibility, (Ord. No. 12-1999,Q 1, 4-8-99) Sec. 24S. Membership. AU members on an advisory board must be residenta of the City of Palm Beach Gardens except as otherwise provided by law, and shall serve without compensation. AU members shall be governed in accordance with the Florida's Open Meetings Laws and City of Palm Beach Garden's Resolution 66,1996, establishing a conflict of interest policy for council and advisory boards. (Ord. No. 12-1999, Q 1, 4-8-99) Sec. 2-84. Terms of membership. (a) Members shall serve until a successor is appointed. (b) Members or alternates shall serve no more than six consecutive years, and no member shall be eligible fm appointment to the eame board until one year from the date the person left the board. The city council shall have the right to waive the foregoing requirement in the event that no eligible candidate shall be available to fill the vacancy or the city council determines, in the exercise of ita discretion, that the member's reappointment is in the beet interests of the city, notwithstanding that the member will serve longer than six consecutive years. (Ord. No. 12-1999, 9 1, 4-8-99; Ord. No. 9-2000, 6 2, 3-16-00) Sec. 2=85. atematee. (a) Alternate members shall be appointed by the city council and may participate in the discussion of matters coming before the board but may vote only when any regular appointed member is absent &om a scheduled meeting. (b) At all meetings, the chairperson of the board shall note for the record any member who is absent and designate an alternate member to sit in the absent member's place. (Ord. No. 12-1999, 0 1, 4-8-99) Supp. No. 11 CD2:8 Sec. 2-86. Role of council liaison. 6 2-86 If a council liaison is appointed to the board, the council liaison shall be a nonvoting member and shall not serve as (t member on subcommittees or ad hoc committees. The council liaison Supp. No. 11 CD2:S.l ADMINISTRATION 3 2-89 shall assist the board in setting goals and objectives and ensure that all applicable codes and laws are adhered to. The council liaison shall provide updates at city council meetings on the board's accomplishments and needs as well as communicate the council's desires to the board. The council liaison shall allow the board to proceed with agenda discussion items without comment, however, shall act as a resource to the board on questions concerning council policy. (Ord. No. 12-1999, (i 1, 4-8-99) Sec. 2-87. Officers. (a) The board shall elect a chairperson and vice-chairperson and any other officers, as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The chairperson shall hold such office for one year. At the expiration of this one-year term, the chairperson shall be succeeded by the vice-chairperson, who shall in turn hold the office of the chairperson for one year. Upon the succession of the vice-chairperson to the office of chairperson, the board shall appoint a new vice-chairperson to serve for a term of one year. (c) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice-chairperson are absent, the board shall appoint a chairperson pro tempore to assume the duties of the chairperson. (Ord. No. 12-1999, 5 1, 4-8-99) Sec. 2-88. Vacancies. (a) Any member may be reappointed upon approval of the city council. (b) Vacancies on a board shall be filled by the city council for the remainder of any unexpired term. (c) A regular or alternate member appointed to fill a vacant term of office, whose term is for less than one year, shall not be precluded from serving the maximum number of full terms allowed. (Ord. No. 12-1999, B 1, 4-8-99) Sec. 2-89. Removal of members. (a) All members of the board, including alternates, serve at the pleasure of the city council and may be removed from the board with or without cause. (b) Any member who no longer resides within the city during hisher term shall automat- ically cease to be a member of the board and shall inform the city clerk's office. (c) Any member who misses three consecutive unexcused meetings shall automatically forfeit hisher appointment. In order for an absence to be excused, the member shall notify the chairperson of the board prior to the meeting, unless the absence is an emergency, of the reason Supp. No. 6 CD2:9 Q 2-89 PALM BEACH GARDENS CODE the member is unable to attend. It shall be the chairperson's sole discretion as to whether the reason for not attending the meeting warrants an excused absence. Excused absences shall be noted in the board minutes. (d) Any member who recuses himself for conflict of interest at more than 20 percent of the meetings shall be subject to removal by the city council. (e) Any member who willfully neglects the state rules governing the open meeting laws or council policy shall be removed. (Ord. No. 12-1999, 6 1, 4-8-99) See. 2-90. Organization, procedures. The board may make such rules and regulations regarding the manner of conducting its meetings and other rules and regulations as are not in conflict with those prescribed by the city council. However, the city council may make and alter rules, as it deems necessary. (Ord. No. 12-1999, Q 1, 4-8-99) Sec. 2-91. Clericdtechnical support. The city manager shall furnish the board with whatever clerical services and technical assistance as may be required. (Ord. No. 12-1999, Q 1, 4-8-99) Sec. 2-92. Candidates for public office. A member of a board must take a leave of absence from the board during any period of time for which he or she is a candidate for election to a local, county, state or federal ofice. A leave of absence does not constitute absence without cause as a member of the board and an alternate may act in his or her place until the member is no longer a candidate. Election or appointment of ;1 member to the city council will result in automatic termination of that person's membership on the advisory board. (Ord. No. 12-1999, 1, 4-8-99) See. 2-93. Dissolution of boards. The city council may dissolve a board if the city council determines that the board is no longer needed to meet the purposes for which it was established except boards established by the city charter. (Ord. No. 12-1999, 0 1, 4-8-99) Sees. 2-94-2-100. Reserved. Supp. No. 6 CD2:lO ADMINISTRATION 5 2-105 DIVISION 2. BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE* Sec. 2-101. Establishment. A beautification and environmental committee is hereby established by the city council. (Code 1987, 0 32.15; Ord. No. 15-1999, 0 1, 4-8-99) Sec. 2-102. Composition; qualifications. The beautification and environmental committee shall be composed of nine regular members. (Code 1987, $ 32.16(a); Ord. No. 15-1999, 0 2, 4-8-99) Sec. 2-103. Terms of membership. (a) Members of the board shall serve for terms of three years. (b) No member may serve more than two consecutive three-year terms. (Ord. No. 15-1999, 9 3,443-99) Editor's note-Ord. No. 15-1999, 0 3, adopted April 8, 1999, repealed the former 9 2-103 and enacted a new 0 2-103 as set out herein. The former 0 2-103 pertained to the committee's working relationship with the city manager and derived from Code 1987, 9 32.16(b), (c). 0 Sec. 2-104. Quorum. Five members of the committee shall constitute a quorum. If a quorum is not present within 15 minutes aRer the time designated for commencement of a meeting, the meeting shall be rescheduled. (Ord. No. 15-1999, $ 4, 4-8-99) Editor's not-Ord. No. 15-1999, 6 4, adopted April 8, 1999, repealed the former 9 2-104 and enacted a new § 2-104 as set out herein. The former fi 2-104 pertained to the committee's recommendations to the city council and derived from Code 1987, 9 32.16(d)). See. 2-105. Preparation of master plan. (a) One of the duties of the beautification and environmental committee is to prepare a master plan for the beautification of the city designed to meet present and future needs of the city. The master plan shall include, but is not limited to, the following: A graphic presentation showing a general outline of the nature and extent of the proposed beautification of the city. A suggested time schedule for the beautification, setting forth priority of projects as recommended by the committee. (1) (2) *Cross referencesEnvironment, ch. 34; landscaping and vegetation protection, ch. 98; natural resources and environmentally significant lands, ch. 102; public places, ch. 106; .- zoning, ch. 118. Supp. No. 6 CD2:ll $ 2-105 PALM BEACH GARDENS CODE (3) An estimate of the cost of the work recommended broken down into various projects and divisions of projects. (4) An estimate of the maintenance cost for beautification of the city. (5) A feasibility report concerning the establishment of a town nursery and the methods of financing same. (6) A narrative discussion of the proposal clearly explaining the need, function, and value of the master plan. (b) Other duties of the committee shall consist of reporting to the city council from time to time on improvements of maintenance of public areas, condition of the environment through- out city in regard to air and water pollution and how to improve control and elimination of same, and shall further render reports to the city council through the city manager on related kindred subjects as shall be requested by the city council. (Code 1987, $32.17) Sec. 2-106. Submission of plan. The beautification and environmental committee shall submit the master plan for the beautification of the city to the city council for its consideration as soon as the same has been prepared. Should the master plan or any modification thereof be accepted by the city council and work begun in accordance with that plan, the committee will continue to give consultation and to work in close cooperation with the city manager and with any other persons involved in administering the details of the plan. (Code 1987, 8 32.18) Sec. 2-107. Reports. The beautification and environmental committee shall make an annual report to the city council prior to the city council reorganizational meeting and shall make such other reports as may be requested by the city council. (Ord. No. 15-1999, 8 5, 4-8-99) Editor's notdrd. No. 15-1999, 6 5, adopted April 8, 1999. repealed the former 6 2-107 and enacted a new 0 2-107 as set out herein. The former Q 2-107 pertained to the committee's records and derived from Code 1987, 8 32.19). Sec. 2-108. General requirements. In addition to the requirements of the above sections, all advisory boards, committees and commissions shall comply with the requirements of sections 2-81 through 2-93. (Ord. No. 15-1999, 0 6, 4-8-99) Secs. 2-109-2-130. Reserved. Supp. No. 6 CD2:12 ADMINISTRATION 0 2-134 DIVISION 3. EDUCATION ADVISORY BOARD Sec. 2-131. Establishment. The education advisory board of the city is hereby established by the city council. (Code 1987, 6 32.20; Ord. No. 13-1999, 0 1, 4-8-99) Sec. 2-132. Composition; qualifications. The education advisory board shall be composed of 11 regular members and four alternates, appointed by the city council, who meet at least one of the following criteria: (1) A representative on one of the following school advisory councils of the following city schools: Palm Beach Gardens Elementary, Timber Trace Elementary, Allamanda Elementary, Howell Watkins Middle, Duncan Middle, Palm Beach Gardens Commu- nity High, Dwyer High and any future schools which will be added to the city attendance boundaries. A representative on the school advisory councils of Suncoast High School, Alexander Dryfoos Jr. School of the Arts and/or School of the Arts Middle. A committee of students from any of the above mentioned schools which will constitute (2) (3) one voting member of the board. (4) A representative of the city business community. (Code 1987, 0 32.21; Ord. No. 6-1995, 0 1, 4-6-95; Ord. No. 22-1997, 0 1, 7-17-97; Ord. No. 13-1999, 0 2, 4-8-99) Sec. 2-133. Terms of membership. (a) Members of the board shall serve for terms of two years. (b) No member may serve more than three consecutive two-year terms. (Ord. No. 13-1999, El 3, 4-8-99) Editor’s notdrd. No. 13-1999, 0 3, adopted April 8, 1999, repealed the former 0 2-133 and enacted a new 0 2-133 as set out herein. The former !j 2-133 pertained to the education advisory boards organization derived from Code 1987, 4 32.22). Sec. 2-134. Quorum. Six members of the board shall constitute a quorum. If a quorum is not present within 15 minutes after the time designated for the commencement of a meeting, the meeting will be rescheduled. (Ord. No. 13-1999, 0 4, 4-8-99) Editor’s not-Ord. No. 13-1999, El 4, adopted April 8, 1999, repealed the former 0 2-134 and enacted a new Q 2-134 as set out herein. The former 0 2-134 pertained to qualifications of members of the education advisory board and derived from Code 1987, 9 32.22). 0 Supp. No. 6 CD2: 12.1 $ 2-135 PALM BEACH GARDENS CODE Sec. 2-136. Duties and responsibilities. The duties and responsibilities of the education advisory board shall be as follows: Solicit input from parents, students and the community to clearly understand their hopes and fears so that the board may actively address these issues. Improve individual schools through active participation in each school's school advi- sory committee. Periodically meet with area superintendents, area school board members and the school superintendent to express wants and needs expressed by the city council and to receive feedback from the school system regarding same. Address the school board on specific issues when requested to do so by the city council. Provide the city council with a yearly "State of the Schools" report. Monitoring of school board activities. Serve as liaison between the county school board and the city council. Participate in an information exchange via school newsletters and principal's office with the administration of each city school as well as those attended by city students elsewhere. Development of recommendations for the city council regarding actions to be taken in support of the city schools and issues related to proposed state educational legislation, so that the city council may forward them to the county school board. Identifying and attempting to obtain available state and federal programs and grants which could directly benefit city schools. Provide comments to the city council regarding proposed residential developments and their impact upon the racial balance of schools. (Code 1987,O 32.24) Sec. 2-136. Meetings; reports. (a) The education advisory board shall meet at least once monthly in the city complex or at one of the public schools located within the city boundaries. (b) Board members who are on school advisory committees will also attend all school advisory committee meetings. (e) The education advisory board shall make an annual report to the city council prior to the city council reorganizational meeting and shall make such other reports as may be requested by the city council. (Code 1987, 5 32.25; Ord. No. 22-1997, 9 2, 7-17-97; Ord. No. 13-1999, 8 5, 4-8-99) Sec. 2-137. General requirements. commissions shall comply with the requirements of sections 2-81 through 2-93. (Ord. No. 13-1999, 8 6, 4-8-99) In addition to the requirements of the above sections, all advisory boards, committees and Supp. No. 6 CD2: 12.2 ADMINISTRATION 2-168 DMSION 4. PLANNING AND ZONING COMMISSION* 8ec. 2-156. Creation. A planning and zoning commission is created for the city. (Code 1987, 8 32.60) Sec. a-157. Membership generally. (a) The planning and zoning commission shall be composed of seven members and two alternate members. (b) Members of the commission shall be residents of the city. The members of the commission shall serve for terms of two years. (c) The city council shall appoint seven members and two alternate membera to the planning and zoning commission by resolution; the alternate members shall save as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof shall be absent from a scheduled meeting. The chairman of the planning and zoning commission shall cedi& in the record of the proceedings of the board as to which member is absent and the name of the alternate member who is sitting as a member for a particular proceeding or meeting. 0 (d) Any member may be reappointed upon approval of the city council. Appointments to fill any vacancy on the planning and zoning commission shall be for the remainder of the unexpired term of office. Any member who fails to attend two out of three successive meetings without cause and without prior approval by the chairman of the commission shall automat- ically forfeit his appointment, and the city council shall promptly fill such vacancy. The members shall serve at the pleasure of the city council, and may be suspended or removed for cawe by the city council. (Code 1987, 8 32.61; Ord. NO. 3-1999, 0 1,3-18-99) Sec. 2-168. Service without compensation. Members of the planning and zoning commission shall serve without compensation. (Code 1987, 8 32.62) *Crose references-Administration of land development regulations, ch. 82; buildings and building regulations, ch. 86; excavation and fill regulations, ch. 94; landscaping and vegetation protection, ch. 98; natural reeources and environmentally significant lands, ch. 102; signs, ch. 110; subdivisions, ch. 114; zoning, ch. 118. State law reference-Planning, F.S. 8 163.3161 et seq. Supp. No. 11 CD2:13 8 2-159 PALM BEACH GARDENS CODE sea 1.119. Quorum. Four membra of the planning and zoning commission shall constitute a quorum for the transaction of business. (Code 1987, 8 32.63; Ord. NO. 3-1999, 4 2, 3-18-99) Sea. 8.160. oilioerr. (a) The commission shall appoint ita own chairman and chairman-elect, both of whom shall serve one-year terms. The commission may delegate to these officers or other membere of the commission any powers and duties which are not inconsistent with state or local laws, a~ it may deem advisable and expedient. (b) The chairman shall hold such office for one year. At the expiration of this one-year term, the chairman shall be succeeded by the chairman-elect, who shall in turn hold the office of chairman for one year. Upon the succession of the chairman-elect to the office of chairman, the commission shall appoint a new chairman-elect to serve for a term of one year. (c) The chairman shall preside at commission meetings. The chairman-elect shall assume the duties of the chairman in the absence or disability of the chairman. In the absence or disability of both the chairman and the chairman-elect, the commission may appoint a chairman pro tempore to fulfill the duties and function^ of such office. (Code 1987, 0 32.64; ord. NO. 1-1996, 4 1, 2-16-96) Sea. 2161. Power6 and dutier. (a) The planning and zoning commission shall act &B the site plan and appearance review committee and shall have all the powere and duties associated with such committee in this code. (b) The planning and zoning commission shall exercise and perform the following powers (1) Procure information and make recommendations to the city council of all facta bearing upon the needs of the city with regard to recreation grounds and development of park and boulevard^, the improvement of lake fronts, the extension and opening of streeta and avenues or other public ways or places, and all other city plane and improvements generally. (2) Receive all suggestions offered by citizens or officials within the scope of its powers and report them to the council with ita recommendations. (3) Review all plats of lands within the city and recommend to the council the acceptance, modification, or rejection of those plats. (4) When requested by the council, act in an advisory capacity in respect to plans for and the erection of public buildings, bridges, approaches, or other structures erected, or to be erected by the city, and all parks, boulevards and grounde for recreational purposes. and duties: Supp. No. 11 CD2: 14 ADMINISTRATION 0 2-161 Prepare and submit to the council regulations governing the platting of all lands so as to require all streeta and alleys to be of proper width, and otherwise to conform to regulations prescribed by it, and require the owner of the lands to be platted to give the city security, as a condition precedent to the approval of the plat, for the construction and btallation of public ways, sidewalks, curbs, gutters, sewem, and other improve- menta within the subdivision at the cost of the owner. Call upon any other department for assistance in the performance of its duties. It shall be the duty of any other departments to render any assistance as may be reasonable, all questions as to what shall constitute a reasonable requirement to be determined by the council and its determination thereof shall be final and conclusive. The initiation of zoning regulations or all requests for zoning changes shall first be submitted to the commission. The commission shall evaluate proposed zoning regula- tion changes and hold not more than two advertised hearings of interested parties. Recommendations concerning the same shall be submitted to the council. The initiation of all requesta for annexation of lands into the city, together with requested zoning of the annexed lands shall first be submitted to the commission. The codeion shall evaluate such proposed annexation of lands together with zoning thereof and shall hold no more than two advertised hearings of interested parties thereon. Recommendations concerning same shall be submitted to the city council. The commission shall have such powers as are herein prescribed or as may be necessary for the proper discharge of its duties. The planning and zoning commission shall, upon the effective date of the ordinance from which this subsection was derived (February 16,19961, assume the authority of and those responsibilities previously invested upon and in the board of zoning appeals. None of the powers, duties, or prerogatives of the commission shall be construed to be in any way a limitation upon the duties, powers and prerogatives of the council, but in every case shall be subordinate and subject to the approval of the city council. (c) The planning and zoning commission shall act as the land development regulation commission and shall have all the powers and duties associated with such designation, including: (1) To develop and recommend to the city council land development regulations which implement the adopted comprehensive plan; and (2) To review land development regulations, or amendmenta thereto, for consistency with the adopted comprehensive plan and report to the city council regarding ita findings. td) The planning and zoning commission shall act as the local planning agency and shall have all the powers and duties associated with such designation, including: (1) To develop and recommend to the city council comprehensive plan revisions; and I Supp. No. 11 CD2:14.1 0 2-161 PALMBEACHGARDENSCODE (2) To review comprehensive plan amendment petitions and recommend to the city council regarding adoption of said amendment propoeale. (Code 1987, 0 32.66; Ord. No. 1-1996, 4 3, 2-15-96; Ord. No. 3-1999, 6 3, 3-18-99) ch. 114; zoning, ch. 118. C~OM reference+Administration of land development regulations, ch. 82; subdivisions, kr. 2-162-2-169. Reserved. DMSION 6. BOARD OF ZONING APPEALS Sec. al70. Comporition; appointmentr; ofiicere. (a) The board of zoning appeals shall be composed of aeven members and two alternate members. The members of the board shall serve for terms of two years. Members shall be appointed by the city council by resolution. The alternate members shall serve as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof ahall be absent from a scheduled meeting. Members of the board of zoning appeals shall serve without compensation. (b) The board of zoning appeals shall each year select from its members a chairperson and vice chairperson. (c) The city council may appoint itself as the board of zoning appeals. (Ord. NO. 3-1999, 0 6, 3-18-99) k. &171. Jurisdiction. (a) The board of zoning appeals as created in this division is a body of limited powere. The board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city's zoning code. (b) The board of zoning appeals shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. (c) The concurring vote of the mqjority of the members of the board present shall be necessary in order ta support any decision or determination made by the board. Four members of the board shall constitute a quorum for the transaction of all business before the board. (Od. NO. 3-1999, 8 6,3-18-99) Sec. 2-173. Proceedings. (a) Any person aggrieved by a ruling of the building official or any city official, department, board or council concerning the interpretation, administration, or enforcement of the city's zoning code may appeal to the zoning board of appeals. The appeal shall be taken within 30 days of fding with the growth management department a written notice of appeal specifying the grounds thereof, together with any exhibits as are reasonably necessary. Supp. No. 11 CD2:14.2 ADMINISTRATION 9 2-186 (b) All petitions presented to the board of zoning appeals shall be in writing and shall have application to only one parcel of land when a variance is requested, or to a singular administrative order when an administrative review is requested. (c) All statements of the findings by the board shall be included in the minutes as to each case heard or considered by it. The reason for recommending or denying a variation aa described in this division shall also appear in the minutes, In every instance, a brief statement of the facts upon which the recommendations are based shall appear in the minutes. The board shall notify the petitioner, in writing, of the action taken by the board at the hearing. (Ord. No. 3-1999,O 6,3-1&99) (d) At the hearing, parties may appear in person or by agent or attorney. Sec. 2-178. Noti- of hearings. Decisions, findings, and recommendations of the board of zoning appeals shall be reached only aRer a duly noticed public hearing. Notice shall be provided, as defined herein, at the applicant's expense. In addition, the applicant shall provide written notice to the owners of property located within 600 feet of the subject property by mail at least ten days prior to the public hearing and shall submit an aflidavit attesting to mailing of the said notice. Notice shall contain, at a minimum, the address or location of the property for which a hearing is sought, as well as a brief description of the nature of the application. (Ord. NO. 3-1999,o 6,3-1&99) Sec. 2-174. Stay of proceedings. 0 The appeal as provided in this division shall stay all proceedings unless the building official or another authorized city officer or department certifies to the board of zoning appeals after the notice of appeal has been filed, by reason of facts which shall be set forth in the certificate, that a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court with appropriate jurisdiction. (Od NO. 3-1999, 8 6, 3-18-99) Sece. 3-176-2-18U. Reserved. Supp. No. 11 CD2:14.3 9 46-31 PALM BEACH GARDENS CODE ARTICLE II. PARKS AND RECREATION ADVISORY BOARD* Sec. 46-31. Establishment. There is hereby established the city parks and recreation advisory board, hereinafter referred to as the "board". (Code 1987, 6 97.15; Ord. No. 1-1997, Q 7, 2-20-97) Sec. 46-32. Membership and qualifications. The board shall consist of seven regular members and two alternate members who shall serve without pay and who shall be appointed by city council. The members of the board must be bona fide residents of the city and registered voters. (Code 1987, Q 97.16; Ord. No. 1-1997, Q 7, 2-20-97; Ord. No. 33-1997, 6 1, 7-17-97) Sec. 46-33. Appointment and terms of office. (a) The term of office of each member of the board shall be three years or until their successors are appointed and qualified, and shall be in staggered terms. (b) Reserved. (c) Vacancies occurring other than by expiration of term shall be filled by the city council for the remainder of the unexpired term. (Code 1987, 8 97.17; Ord. No. 1-1997, Q 7, 2-20-97; Ord. No. 8-1998, 8 1, 5-7-98) Sec. 46-34. Officers; rules and regulations. Immediately after appointment, the board shall meet and organize by electing one of its members chairperson and by electing any other officers as may be deemed necessary. The board shall have the powers to adopt rules, regulations, and bylaws which are reasonably necessary to conduct its business. (Code 1987, Q 97.18; Ord. No. 1-1997, 9 7, 2-20-97) Sec. 46-35. Duties. (a) The board shall have the following duties: (1) To make recommendations to the city council concerning the visioning and strategic planning of the development of parks and recreation facilities in the city. To hold reguIar meetings every other month and file a written report every other month of its activities with the city council unless more frequently required or special reports are requested by the city council. (2) *Cross reference-Boards, committees, commissions, 6 2-81 et seq. supp. so. 5 CD46:8 PARKS AND RECREATION Q 46-57 (b) If any member of the board shall fail to be present at four consecutive regular meetings or at 25 percent of the meetings of the board held within any 12-month period, a vacancy in the board shall occur, unless the absence shall be excused. (Code 1987, Q 97.19; Ord. No. 1-1997, 6 7, 2-20-97; Ord. No. 8-1998, Q 2, 5-7-98) Secs. 46-36-46-66;. Reserved. ARTICLE III. PARK SIGNS REGULATIONS Sec. 46-66. General provisions. (a) This article shall apply to all park and recreation facilities, and all property owned or leased by the city which is designated for park or recreation use and which is managed and maintained by the city. (b) All applications for park signs governed by this article are subject to approval by the director of parks and recreation. (Ord. NO. 1-1997, 6 9, 2-20-97) Sec. 48-57. Regulations and restrictions. (a) Pursuant to section 110-2 of this code, the parks and recreation department (hereinafter the "department") my erect signs according to the regulations set forth below: (1) The sign shall be a flat wall sign as defined in chapter 78, section 78-2 of this code. The sign shall represent a fundraising, sponsorship or similar pecuniary benefit to the city. The sign may only be erected by the department on city property which is designated for park or recreation use, and which is managed and maintained by the city. The sign, whether temporary or permanent, shall be subject to the requirements and prohibitions set forth in chapter 110, of this code. Notwithstanding the regulations and restrictions set forth in chapter 110 of this code, the sign shall not exceed a measurement of four square feet in size. Notwithstanding the regulations and restrictions set forth in chapter 110, specifically, section 110-2(d) and section 110-42, the sign shall not be illuminated by back-lighting, internal lighting or face-lighting, or lighting from any source meant to provide visibility. The number of such signs is limited to one per building or structure. Any sign erected by the department in accordance with the regulations set forth above must also comply with the following restrictions: (1) The sign shall not detract from the aesthetics of the park or recreation facility where it is located; 1 Supp. No. 5 CD46:9 LAND DEVELOPMENT 8 78-23 0 Sec. 789. Effect of annexation. Until changed by the city council, property annexed into the city shall retain the future land use designation, zoning designation, and development order applied or approved by Palm Beach County. (Ord. NO. 17-2000, Q 9, 7-20-00) Sec. 78-10. Schedule of fees, charges, and expenses. (a) Fees authorized. The city council shall establish a schedule of fees, charges, and expenses and a collection pmcedure for development order applications, buildmg permits, certificates, appeals, and all other matters pertaining to this chapter. The schedule of fees shall be available in the growth management department. Fees may be altered or amended only by the city council. (b) Payment of fees. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or other matter affected by this chapter. (Ord. NO. 17-2000, 6 10, 7-20-00) Secs. 7811-7820. Reserved. I ARTICLE 11. RlEvIEW AND DECISION--G AUTHORITY Sec. 78-21. City council. The city council shall exercise those powers and duties as provided by chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens. (Ord. NO. 17-2000, Q 11, 7-20-00) Sec. 78-22. Planning and zoning commission. (a) Powers and duties. The planning and zoning commission shall exercise those powers and duties as provided by chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens. (b) Local planning agency. "he planning and zoning commission shall serve as the local planning agency, pursuant to F.S. Section 163.3174. (c) Land deuelopment regulation commission. The planning and zoning commission shall serve as the land development regulation commission, pursuant to F.S. Chapter 163.3164. (Ord. No. 17-2000, 0 12, 7-20-00) Sec. 7823. Board of zoning appeals. The board of zoning appeals (BZA) is established to decide upon variances, consider appeals of interpretations, and perform such other duties as may be assigned by the city council. The 1 Supp. No. 10 CD78:15 9 78-23 PALM BEACH GARDENS CODE planning and zoning commission shall.8erve as the BZA, unless otherwise provided by the city council. The provisions contained in tbis section shall apply only if the planrung and zoning commission is not sewing as the BZA. (a) Membership and appointment. (1) Membership and appointment. The board of zoning appeals consists of seven members appointed by the city council. The members of the board shall be residents of the city, and shall serve three-year, staggered terms without compensation. (2) Alternate members. The city council may appoint two alternate members to the board of zoning appeals. The alternate members shall be residents of the city and shall serve as members of the board and shall have a voice and vote in the meetings of the board when any regular member is absent from a scheduled meeting. The chairpsrson of the board of zoning appeals shall indicate in the record of the proceedings of the board as to which member is absent and the name of the alternate member who is sitting as a member for a particular procedhg or meeting. (b) Vacancies. Vacancies shall be Wed by the mayor, subject to confirmation by the city council, for any unexpired term. Any member may be removed by the mayor for cause &r written charges have been filed, and aRer a public hearing has been held if such a hearing is demanded by the member so charged. Ofirs. The board of zoning appeals shall elect, at the first meeting of the calendar year, from its members a chairperson and vice-chairperson. The chairperson or, in the chair's absence, the vic-mn, shall preside over meetings, may administer oaths, and perform such other duties as required by this section or as assigned by the city council. (d) Jurisdiction. The board shall have the authority and jurisdiction as provided below. (1) Administrative decieions. The board shall hear and decide appeals fiom and review any order, requirement, decision, or determination made by the adminis- trative offici& charged with the administration or enforcement of this chapter. Variances. The board shall hear and decide requests for a variance from the requirements of this chapter. (3) Prohibited variances. The board shall not have the authority to: a. (c) (2) Grant a variance to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located; and Grant a variance to the supplemental standards applicable to permitted and conditional uses as provided in section 78-159, (e) Meetings and proceedings. All meetings and public hearings of the board of zoning appeals shall be open to the public. The minutes of the proceedings shall show the vote b. Supp. No. 10 CD78:16 0 78-253 PALM BEACH GARDENS CODE (4) Removal of nutiue vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on-site is encouraged to be offered for donation or to be sold by the applicant. (Ord. No. 17-2000, 0 119, 7-20-00) Secs. 78-264-78-260. Reserved. DMSION 6. PUBLIC PLACES* Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required one percent of construc- tion cost towards art in public places for the building project. Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. (b) Violations. Violation of this chapter shall be subject to enforcement as provided in article (c) Art advisory committee. (1) VII. Creation. The city council shall appoint an art advisory committee which shall consist of five regular members and two alternates. The members shall be residents of the city. Members of the city council and representatives of for-profit arts dealers or consultants shall not be eligible for membership. a. Duties. The committee shall screen submissions of existing or commissionable works of art and shall make a recommendation to the city council. The committee *Editor’s notc+Formerly, div. 5. See the editor’s note ch. 78, art. V, div. 3. Supp. No. 13 CD78:220 LAND DEVELOPMENT $ 78-262 shall make recommendations to the city council at time of building permit application or prior to final site plan approval. The city manager shall have authority to provide funds for administrative expenses of the committee. Selection criteria. The criteria listed below must be considered by the art advisory committee in the selection of an artist for a development project pursuant to the requirements of this chapter. 1. Appropriateness of the artwork to the site and site environmental condi- tions, including visual accessibility to pedestrian or vehicular traffic. 2. Quality of the artwork. 3. Maintenance requirements. 4. 5. b. Ability of the artist to complete the project within a specified schedule. Exhibition and sales history of the artist, as well as works in public collections and previous public art purchases or commissions. Zoning consideration. Consideration must be given to project zoning (as base specifi- cations and wind tolerance for sculpture). Permits and building approval must be obtained, when necessary. Meetings. The committee must meet at appropriate times to complete its task within the specified schedule. The art advisory committee shall develop regulations regarding submittal and approval of recommended artwork. Guidelines. The committee shall adopt Art in Public Places Implementation Guidelines to assist both public and private sector planning activities. Installation. Installation of artwork shall be guided by the standards listed below. a. b. (2) (3) (4) (5) Artwork shall be installed to be visible to the maximum number of passers-by. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. Artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be illuminated from dusk until midnight. Maintenance. Artwork shall be maintained in good conditions at all times, including any associated landscaping or related improvements. c. d. (6) (Ord. No, 17-2000, 8 120, 7-20-00; Ord. No. 11-2002, 8 1, 3-21-02) Sec. 78-262. Fee imposed on developments. (a) Fee. All budgets for the new construction of private and public developments in the city, as specified in section 78-261, shall include an amount of one percent of the total budgets as a fee for art in public places. The fee shall be imposed and paid as provided below. Deposit of funds, The developer shall submit to the city documentation showing that a deposit was made with the developer's attorney into an escrow account in an amount (1) Supp. No. 13 CD78:221 Q 78-262 PALM BEACH GARDENS CODE of money equal to the art fee prior to the issuance of the first building permit. The developer's attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, of the developer's arts consultant. The developer's attorney will provide the city a final certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing fund, and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be determined by the city council and shall be in accordance with further provisions of the chapter. Artist selection, The selection and commissions of the artists shall be by written contract between the developer and artists. Arts consultant. The developer may utilize up to 15 percent of the required fee to retain an arts consultant to assist in the selection and procurement of required artwork. The arts congultant shall have no financial relationship with the artist, or any ownership in artwork purchased by the developer. Cost overruns. If the final project cost is higher than the cost figure used to calculate the preliminary art budget, the art budget must be increased as necessary to equal one percent of the actual defined total project cost. The art budget must be revised within 30 calendar days of any such changes. (b) Location. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. (c) Contribution of developer: Instead of providing the artwork on the project site, a developer may choose to contribute one percent of the total construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city's art account. The contributor shall have no input in the use of such funds. Artist selection. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. (2) Use of purchased art. All artwork purchased by the city required art fee contribution shall be displayed on city-owned land, a city-owned building, or a city-leased or rented facility. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traflic. Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated from the art account for any particular city facility to retain an art consultant to assist in the selection and installation of artwork. (1) (3) (d) Guidelines. The selection and commissioning of artists shall be in accordance with the Art in Public Places Implementation Guidelines adopted by the art advisory committee. Supp. No. 13 CD78:222 LAND DEVELOPMENT 8 78-262 (e) Special art advisory committee. (1) Creation. The city council shall appoint a special art advisory committee to render an advisory opinion regarding but not limited to the following: a. b. The suitability of the construction project as a location for works of art; The nature of the works of art which are most appropriate for the construction project; and The best method of securing the recommended works of art. c. (2) Duties. The city council shall specify the scope of the opinion which it elicits from the special art advisory committee, and the time limit within which a response is required. Ownership and maintenance. Artworks purchased pursuant the requirements of this subdivision belong to the property owner, and must be insured and maintained. Artworks purchased under subsection 78-262(c) are the property of the city and shall be maintained by the city. Artwork installed in accordance with this chapter cannot be altered or removed from the site without approval of the city council. When developer- owned art is situated at or on property or facilities owned or occupied by the city, the developer may transfer ownership to the city. Such art must be maintained by the city. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. (3) (0 Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. (g) Appraisal. To establish the value of art submitted to comply with this division, the art advisory committee shall have the authority to employ an independent art appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. (h) Waiver of requirements. (1) Waiver. The city council may waive the requirements contained in this chapter, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. Existing structures. Required fees may only be waived in whole or in part provided an existing complex is subject of extensive plans for redevelopment of the exterior of existing structures, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. (3) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be considered in the waiver process. (2) Supp. No. 13 CD78:223 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Councilman David Levy FROM: Ron Ferris, City Manager SUBJECT: Hurricane Katrina I am in receipt of your email dated Friday, October 21, 2005 regarding the proposed Katrina Relief program. Please be advised that your request to place the attached resolution (Resolution 131, 2005) on the November 3, 2005 agenda will be given to Mayor Russo at the meeting under Item IV. Additions, Deletions, Modifications, for action by the Council, as is the normal procedure for adding items to the agenda. Should you have any questions, please feel free to contact me. Thank you. cc: Mayor and Council Patricia Snider, City Clerk Hurricane Katrina Focus Group members Page 1 of 1 Ron Ferris From: srtinc@belkouth.net Sent: To: Ron Ferns Subject: Hurricane Katrina Friday, October 21,2005 555 PM Ron, Following the meeting last night I was able to talk with Major Artola about the proposed Katrina Releif program developed by the City. After talking with Major Artola I am comfortable that the vehicles and computer equipment will be distributed to those who need it most. If it is possible, I would like to see the resolution authorizing the relief effort to be placed on the November 3 agenda. Please convey my thanks to the commitee. Thank you. David Levy 10/28/2005 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 12,2005 Meeting Date: October 20,2005 Resolution 131,2005 SubJectlAgenda Item: Resolution 131, 2005 - Consider declaring certain items of personal property as surplus property and authorize donation to government entities impacted by Hurricane Katrlna and alternatively authorizing sale at public auction [x] Recommendation to APPROVE L] Recommendation to DENY Reviewed by: I I Submitteq by: Community Services Administrator Department Director Originating Dept.: Michael Morrow Operations Director Public Works Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified 4 [ x ] Not required costs: $ -0- (Total) $ -0- Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 131,2005 Surplus Listing Information [ ]None Date Prepared: October 12,2005 Meeting Date: October 20,2005 Resolution 131,2005 BACKGROUND: Staff has determined that certain items of City personal property are obsolete or serve no useful function. Numerous communities located along the Gulf Coast have been devastated by the impacts of Humcane Katrina, resulting in the destruction of equipment and other public property. Staff recommends that the items determined to be surplus be donated to such local governments as needs are identified, and if certain items are determined not appropriate for donation, that such items be sold at public auction. STAFF RECOMMENDATION: Approve Resolution 131, 2005 declaring certain items of personal property that are obsolete or serve no function as surplus property and authorize their donation to government entities impacted by Hurricane Katrina or alternatively authorizing sale at public auction. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Date Prepared: October 12,2005 Resolution 131,2005 RESOLUTION 131,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA DECLARING CERTAIN ITEMS OF PUBLIC PROPERTY AS SURPLUS PROPERTY; AUTHORIZING THE DONATION OF SUCH SURPLUS PROPERTY TO OTHER GOVERNMENTAL ENTITIES IMPACTED BY HURRICANE KATRINA; ALTERNATIVELY AUTHORIZING SALE BY AUCTION; PROVIDING AN EFFECTIVE DATE WHEREAS, the City desires to declare certain items of public property that are obsolete or serve no useful function as surplus property and authorize their donation or alternatively, sale at a public auction; and WHEREAS, there are numerous communities throughout the Gulf Coast that suffered devastating destruction of government equipment and property during Hurricane Katrina; and WHEREAS, the City Council deems approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby declares those items listed on Exhibit "A," attached hereto, to be surplus property and authorizes the donation of all or certain of those items to government entities impacted by Hurricane Katrina. SECTION 3. If any such items are determined not to be appropriate for donation, then the City Council authorizes the sale of such items at public auction. SECTION 4. The City Manager is hereby authorized to execute any title certificates or other documentation necessary to effectuate a transfer of title. SECTION 5. This Resolution shall become effective immediately upon adoption. 2 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 a ia 2a Date Prepared: October 12,2005 Resolution 131,2005 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 LE GAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBERLEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- G:\attomey-share\RESOLUTlONSLurplus Items - reso 131 2005.doc Date Prepared: October 12,2005 Resolution 131,2005 EXHIBIT “A” 7802 8601 9607 9301 201 8 931 3 9420 941 8 9601 9804 941 9 9907 951 2 543 1978 INTERNATIONAL CF255HHA1551 I 51 5 1986 GMC 6500 DUMP 1 GDGGDlAXGV532294 341 1996 CAPRICE 1 G1 BL52W7TR121518 683 1993 CHEW-CAPRICE 1 GI BL5373PR111369 31 1 2000 CROWN VIC 2FAFP71WYX165533 332 1993 CHEW ASTRO VAN 1 GNDMl 5ZXPB159262 672 1994 CHEW SUBURBAN 4x4 lGNGK26K7RJ428143 21 1 1994 3500 DODGE VAN 2B5WB35Z6RK156285 152 1996 JEEP WAGON 4x4 lJ4FJ27S4TL248940 385 1998 FORD CROWN VIG 2FAFP71WZWX134879 190 1994 CHEW BLAZER 4x4 lGNDT13W5R0147367 104 1999 CROWN VIC 2FAFP71 W3XX204696 155 1995 CHEW CORSICA I GI LD55M5SY265553 MakeModel Dell Computer Corporation I OptiPlex GX150 Dell Computer Corporation I OptiPlex GX150 Dell Computer Corporation I OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GXl50 Dell Computer Corporation / OptiPlex GX150 Dell Computer Corporation / OptiPlex GX150 ABlT / 6A69SA19 Dell Computer Corporation I OptiPlex GX400 Dell Computer Corporation / OptiPlex GX400 Dell Computer Corporation / OptiPlex GX400 Dell Computer Corporation / OptiPlex GX240 Dell Computer Corporation / OptiPlex GX400 Dell Computer Corporation / OptiPlex (3x400 Dell Computer Corporation / OptiPlex GX400 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX240 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX240 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX260 Dell Computer Corporation / OptiPlex GX240 Dell Computer Corporation / OptiPlex GX260 Processor 1000 1000 1000 1000 1000 1 000 1000 1000 1000 1000 1000 1000 1 000 1000 1000 1 000 1000 1000 1000 1000 1000 lo00 1000 1300 1300 1380 1400 1500 1680 1680 1680 1790 1790 1790 1790 1790 1790 1800 1800 1800 1800 1 800 1800 1800 1800 1800 1800 1800 1800 Serial Num 6P5WTO1 5P5WT01 JWN811 G9TW411 FVS 70HS911 3WVN811 4YHQlll D9lW411 3YHQ111 6WVN811 79lW411 76NPG11 JXHQll 1 HXHQll 1 H5NPG11 B6NPGll 1 WVN811 2YHQ111 F5NPGll 36NPG11 99lW411 39lW411 TH7ROl 1 OP7KOl DYX8VOl 9YX8VO1 4DOG211 3LNPO11 DSBZ411 BSBZ411 GOT8Vll 7PYFQ11 96KNY 1 1 77KNY1 I JNYFQI 1 COT8Vll 21 T8V11 JOT8Vll 91 T8V11 66KNY 1 1 41T8V11 27KNY 1 1 71T8V11 G7KNY11 36KNY 1 1 H6KNY 1 1 2PYFQ11 D6KNY 1 1 ,her Asset Tag 4090 4091 4117 4109 41 18 41 12 4111 4102 41 07 41 04 4113 4105 41 26 4098 41 00 3951 41 24 4116 4099 41 25 3955 41 08 41 06 None 4089 4093 4094 None None None None 4000 3952 4353 4358 3953 3998 3999 3982 3981 4387 3997 4356 3996 4360 4386 3965 41 30 3964 CITY OF PALM BEACH GARDENS 10500 N. Military Trail, Palm Beach Gardens, FL 33410 Phone (561) 799-4476 FAX (561) 799-4491 POLICE DEPARTMENT STEPHEN J. STEPP, CHIEF OF POLICE 2004/2005 Auction Items: PBGPD Michael DeRosa 799-4476 (Page 1) 01) 1 Ea. 8 drawer letter / form sorter, hard plastic. 02) 1 Ea. 8 pocket letter I form sorter cardboard. (Bankers Box) 03) 1 Ea. Xerox Toner MR359. 04) 1 Ea. Cannon A30 Toner Cartridge. 05) 1 Ea. Brother 2pk Correctable Typewriter 1030 film ribbons, #I 230 black. 06) 1 Ea. Smith Corona H21060 Lift off correction tape. 07) 1 Ea. Smith Corona H21000 Film ribbons. 08) 1 Ea. 2pk. Panasonic KX-PI524 Printer ribbon. 09) 2 Ea. 2pk. Smith Corona #NK268TL-2 Tackless (Dry) lift off tapes. IO) I Ea. Brother 6pk. #3015 Lift off correction tapes (Dry). 11) 2 Ea. Brother B-199 Printer ribbons. 12) 1 Ea. Brother #7220 Black. Correction film ribbon. 13) 1 Ea. Panasonic KX-P453 Printer toner kit. 14) 2 Boxes #MS-SB Minolta copier staples. 15) 2 Ea. Belkin 6’ PS2 Mouse / Keyboard extensions. 16) 8 Ea. Nectron printer ribbons for Panasonic KX-PI 624 printer. 17) 1 Ea. Nectron printer ribbon for Panasonic KX-PI 090,1124,180 printer. 18) 3 Ea. Nu-Kote Panasonic Kx-Pll24 printer ribbons. 19) 1 Ea. “RETIRED” ink stamp. 20) 4Ea. Swingling 5000 staple cartridges for use in 1500 Zephyer and 700 desk 21) 1 Ea. Bookend. 22) 1 Ea. Wall / flat surface mouse holder. 23) 1 Pk. Post-It Fax note (Large) #7672. 24) 1 Pk. Post-It 4pk. Fax notes (Small) #7671-4. 25) 2Ea. Wall pocket letter size holders. 26) 5 Ea. Letter size desk trays. 27) 2Ea. Legal size desk trays. 28) 1 Ea. Legal size double deep desk tray. 29) I Ea. 8 % X 17 desk tray. st a p le rs . Shipping and Billing Address Palm Beach Gardens Police Department 10500 N. Military Trail, Palm Beach Gardens, FL 3341 0 Florida Tax Exempt No. 60-27-1 163 15-54C 2004 /2005 Auction Items: PBGPD Michael DeRosa 799-4476 (Page 2) 30) 1 Ea. Emerson 19 inch TV with video recorder purchased Feb.1995 3 1) 1 Ea. Stealth-Tec ice-air conditioner Model STIC3C. Purchased Apr. 1991 , Asset # 32) 1 Ea. Div. Surveil’ce Sys. Lanorscope w/cam Ext’N, periscope. Purchased Nov. 33) 1 Ea. Toshiba Copier Model 17 10. Purchased Aug. 1993, Previously Asset # 2936, 34) 1 Ea. Smith Corona XE-1950 Model 5A-1 electric typewriter. 35) 1 Ea. Cannon copier NP1020, desk top. 36) Computer, radio, UPS related items: 2500. Asset deletion applied for per Sgt. Richard Geist. 1989. Asset # 2179. Asset deletion applied for per Sgt. Richard Geist. deleted some time ago. Ferrups FE Series (2) Tag ## 00277 Asset deletion fonn applied for. Tag # 03306 Asset deletion form applied for. Monitor, Computer (8) s/n CD93202254 s/n MlA859476085 s/n 7003482 s/n 1746AAA37 19048 1 s/n JY90834560 s/n 9227R1 SO6628 s/n 22-14339 ddn MX-0832DX-47801-065-HOSU Computer Tower (4) SJn 5001 236884 s/n 5001362142 s/n A05813573 Tag # 03944 This asset has already been deleted. GE Receiver (2) Tag ## 51 1010 This is not an asset tag number. Tag ## 51 101 1 This is not an asset tag number. GE Radio Voter (1) s/n 752286134 Asset Number: City of Palm Beach Gardens Declaration of Surplus Asset 2m Date of Disposal: - 13 --d< Serial Number: /he Department: BLce Historical Cost (cost when new): Description: /99/ -7 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: ai- - Department Director City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number. City of Palm Beach Gardens Declaration of Surplus Asset a!)q Date of Disposal: 8-/3-05 n EJarJe Department: %C, Le Historical Cost (cost when new): Description: Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: - -- Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: EXHIBIT B City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 7802 Date of Disposal: 06/07/2005 Serial Number: CF255HHA15511 Department: Fleet Historical Cost (cost when new): Description: 1978 TANDUM DUMPTRUCK $1 5,500.00 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to a gavemmental entity that was hacted by Hurricane Katrina, governmanta1 entity to be determined later date. F Department Director . Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: at a EXHIBIT B City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 8601 Date of Disposal: 06/07~2005 Serial Number: lGDGGDlAXGV532294 Department Fleet Historical Cost (cost when new): $1 6,577.00 Description: 1986 6500 Single Axle Dump -7- Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to a governmental entity that vas irpacted by Burxicane Eatriaa, goverxmantal entity to be determined at a later date. artment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: EXJ3IBIT B City of Palm Beach Gardens Declaration of Surplus Asset 7901 Date of Disposal: 06~07~2005 Serial Number: TI 6DA9V614728 Department: Fleet Historical Cost (cost when new): $1 3,675.00 Description: 1979 GMC SINGLE AXLE DUMP Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to a nuvenmental entitv that was imacted by Hurricane Katrina, gavemmantal entity to be determined at a later date. rtment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: EXHIBIT B City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9907 Date of Disposal: 06~07/2005 Serial Number: 2FAP71 W3XX204696 Department: Fleet Historical Cost (cost when new): $26,900 .OO Description: 1999 CROWN VIC POLICE CAR Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to a governmental entity that was irpacted by EurricaneKatrina, gove-tal entity to be determined at a later date. epartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: EXBIBIT B City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 2018 Date of Disposal: 06~07~2~5 Serial Number: 2FAFP71 WYXl65533 Department: Fleet Historical Cost (cost when new): $21,900.00 Description: 2000 CROWN VIC POLICE CAR J Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to a governmental entity that was impacted by Hurricane Katrina, governmanta1 entity to be determined at a later date. F Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: EgaIBIT B City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9804 Date of Disposal: ~~07/2005 Serial Number: 2FAFP71 W2WX134879 Department: Fleet Historical Cost (cost when new): Description: $26,900.00 1998 CROWN VIC POLICE CAR -7- Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: To be donated to the Palm Beach Pdllc e Academy. Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9710 Date of Disposal: 06/07~2005 Serial Number: 1 GCECl4WOVZ233705 Department: Fleet Historical Cost (cost when new): $24,000.00 Description: 1997 CHEVROLET PICK UP Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, IK) further value Disposal Method To be sold at auction Traded in on newer model Other: r- Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 921 2 Date of Disposal: 06/07/2005 Serial Number: 1 GCECl4ZSNE196042 Department: Fleet Historical Cost (cost when new): $22,000.00 Description: 1992 CHEVROLET PICK UP f Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: c 1 -Department Director Finance Director ~~ City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: City of Palm Beach Gardens Declaration of Surplus Asset 1 GCFG35K3PF356404 Department: Fleet Historical Cost (cost when new): $22,000.00 Description: 1993 CHEVROLET VAN 2500 Reason for Disposal f f Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: / 3epartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9609 Date of Disposal: 06/07/2005 Serial Number: lGlBL52W8TR121544 Department: Fleet Historical Cost (cost when new): Description: 1996 CAPRICE POLICE CAR $26,000.00 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sdd at auction Traded in on newer model Other: Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9319 Date of Disposal: ~~07~2005 Serial Number: 1 GCDCl4Z4PE188820 Department: Fleet Historical Cost (cost when new): $22,000 .oo Description: 1993 CHEVROLET PICK UP 1500 4 - 4 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: epartment Director Finance Director ~~ City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9322 Date of Disposal: 06/07/2005 Serial Number: Historical Cost (cost when new): $22,000 .oo Description: 1993 CHEVROLET VAN 2500 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: e- epartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9501 Date of Disposal: 06/07~2005 Serial Number: 2G1 WN52M3S9146029 Department: Fleet Historical Cost (cost when new): $1 7,055.00 Description: 1995 Chevrolet Lumina 4 4 Reason for Disposal Unsenheable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 8402 Date of Disposal: 06/07/2005 Serial Number: VG6M1 llA2EB020351 Department: Fleet Historical Cost (cost when new): $7,500 .OO Description: 1984 MACK FLAT BED Reason for Disposal f Unsetviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9201 Date of Disposal: 06~07~2005 Serial Number: 2G1 WLMT5N1139256 Department: Fleet Historical Cost (cost when new): $21,000.00 Description: 1992 CHEVROLET LUMINA Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sdd at auction Traded in on newer model Other: Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9323 Date of Disposal: 06/07/2005 Serial Number: 2GAHG39K2P4141288 Department: Fleet Historical Cost (cost when new): $1 8,104.00 Description: 1993 Chevrolet Van Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: Historical Cost (cost Description: City of Palm Beach Gardens Declaration of Surplus Asset 91 14 Date of DisposaI: 06/07/2005 1 GCDC14Z8MZ154481 Department: Fleet when new): $22,000.00 1991 CHEVROLET PICK UP 1500 f Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: w- e Department Director ~ ~~ Finance Direct& City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9317 Date of Disposal: 06~07~2005 Serial Number: 1 GNDT13W3P2162547 Department: Fleet Historical Cost (cost when new): Description: 1993 CHREVOLET BLAZER $28,000.00 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: e w- partment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9510 Date of Disposal: 06~07/2005 Serial Number: 1 G1 LD55M4SY 193535 Department: Fleet Historical Cost (cost when new): Description: 1995 CHEVROLET CORSICA $18,000.00 / Reason for Disposal Unserviceable, due to mal wear and tear Uneconomical to repair Salvage, parts could be used irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: s- epartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Numbec 9314 Date of Disposal: 06~07~2005 Serial Number: lGNDM15ZOPB158475 Department: Fleet Historical Cost (cost when new): $13,988.00 Description: 1993 Chevrolet Astro Van Reason for Disposal f f Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 91 01 Date of Disposal: 06/0712005 Serial Number: 2FDLF47M6MCB01257 Department: FLEET Historical Cost (cost when new): $1 9,826.00 Description: 1991 FORD PICKUP F - 450 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: R partment -w- Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: 91 16 Serial Number: City of Palm Beach Gardens Declaration of Surplus Asset 1 GCDCl4Z4MZ179488 Department: Fleet Historical Cost (cost when new): $22,000.00 Description: 1991 CHEW PICK UP 1500 f Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: ahent Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9115 Date of Disposal: 06~07~2005 Serial Number: 1 GCDCl4Z4MZ152937 Department: Fleet $22,000.00 Historical Cost (cost when new): Description: 1991 CHEW PICK UP 1500 f 7 _.- Department Director Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: FinanceDirector City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: Historical Cost (cost Description: City of Palm Beach Gardens Declaration of Surplus Asset 9607 Date of Disposal: 06~07/2005 1 G1 BL52WTR121518 Department: Fleet when new): $26,000.00 1996 Caprice Police Car Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: epartment Director Finance Director CTty Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: City of Palm Beach Gardens Declaration of Surplus Asset 9301 Date of Disposal: 06/07/2005 1 GI BL5373PR111369 Department: Fleet Historical Cost (cost when new): $1 2,129.00 Description: 1993 CAPRICE FIRE CAR Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Finance Director ~~ City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9313 Date of Disposal: 07/2005 Serial Number: 1 GNDM15ZXPBl59262 Department: FLEET Historical Cost (cost when new): $1 3,988.00 Description: 1993 CHEVROLET ASTRO VAN Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: e wm partment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: City of Palm Beach Gardens Declaration of Surplus Asset 9420 Date of Disposal: 06~07~2005 1 GNGK26K7RJ428143 Department: Fleet Historical Cost (cost when new): $34000 .oo Description: 1994 CHEVROLET SUBURBAN 4 X 4 f f Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Department Director Y w- Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9418 Date of Disposal: 06/07/2005 Serial Number: 2B5WB3526RK156285 Department: Fleet Historical Cost (cost when new): $25,000.00 Description: 1994 3500 DODGE VAN Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model epartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number. 9601 Date of Disposal: 06/07/2005 Serial Number: 1 J4FJ27S4TL248940 Department: Fleet Historical Cost (cost when new): $30,000.00 Description: 1996 Jeep Wagoneer 4x4 4 4 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Finance Director ~~ ~ City Manager Approved by Resolution #: Finance Department: Date removed: Asset Number: Serial Number: Historical Cost (cost Description: 941 9 City of Palm Beach Gardens Declaration of Surplus Asset Date of Disposal: 06/07/2005 1 GNDTl3W5R0147367 Department: Fleet when new): $28,000.00 1994 CHEVROLET BLAZER 4 X 4 f Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: Department Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 9512 Date of Disposal: 06/07/2005 Serial Number: lG1 LD55M5SY265553 Department: Fleet Historical Cost (cost when new): $1 8,000.00 Description: 1995 CORSICA Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: ADepartment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 7103 Date of Disposal: 06/07/2005 Serial Number: N 1 0 1 9 J72C 1 36 1 0636 Department: Fleet Historical Cost (cost when new): Description: 1973 A.M General $ 800.00 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: w Department =- Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 71 02 Date of Disposal: 06/07/2005 Serial Number: 12526828 Department: Fleet Historical Cost (cost when new): Description: 1971 Kaiser Water Truck $25,700.00 Reason for Disposal I Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model Other: -.hYm a ment Director Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: Attest: CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, November Sh of each year has been celebrated as World Town Planning Day; and WHEREAS, November 8th of each year has been celebrated as World Town Planning Day in a many countries around the world since its inception in 1949; and WHEREAS, the American Institute of Certified Planners (AICP) acting for the 14,000 members of the planning profession in America, a component of the 30,000 -member American Planning Association, endorses World Town Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our settlements and environment and to celebrate American accomplishments in making collective decisions concerning our cities and regions that bring quality and meaning to our lives; and WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City; and WHEREAS, we recognize that many valuable contributions made by professional community and regional planners of the City extend our heartfelt thanks for the continued commitment to public service; NOW, THEREFORE, /, Joseph R Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November Sh, 2005, as COMMUNITY AND REGIONAL PLANNING DAY In the City in conjunction with the worldwide celebration of World Town Planning Day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 3'd day of November in the year Two Thousand and Five. Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Geography Awareness Week is November 14-18; and WHEREAS, National Geographic Information System (GIS) Day is November 16, 2005; and WHEREAS, Geography Awareness Week promotes geographic literacy in schools; and WHEREAS, GIS is an important part of geography awareness; and WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to the schools and general public in order to showcase real-world applications with GIS. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 16, 2005, as NATIONAL GIS DAY And urge all citizens to participate in GIS Day activities. Attest: Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this 3rd day of November in the year Two Thousand and Five.