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Agenda Council Agenda 120203 - Joint with Lake Park
City of Palm Beach Gardens Joint Council Workshop Agenda Palm Beach Gardens and Lake Park December 2, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado Historic -'I Lake Park JeweCof the Pabn Beaches CH artered ]923 Mayor Castro Vice Mayor Balius Commissioner Garretson Commissioner Longtin Commissioner Otterson J�ristoric , Lake Park JeweCo( the PaCm Beaches c/iariered 1923 City of Palm Beach Gardens Joint Council Workshop Agenda Palm Beach Gardens and Lake Park December 2, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IV. ORDINANCES a. (Page 4 Ordinance 35, 2003 — Northlake Square West Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 5 -acre portion an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, from a zoning designation of research and light industrial park (M1) to Planned Unit Development (PUD) overlay with an underlying zoning district of general commercial (CG-1); and providing an effective date. Resolution 176, 2003 is a companion item to Ordinance 35, 2003 and will not require Council action until second reading. b. (Page 23) Resolution 176, 2003 -- Northlake Square West Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza West on the 5 -acre portion an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, to allow for a 41,000 square -foot fitness center, a 12,389 square -foot pharmacy with a two -lane drive- through, and a 12,000 square -foot restaurant/retail building with an outdoor seating area; providing for waivers; providing conditions of approval; and providing an effective date. V. ITEMS FOR DISCUSSION: a. (Page 98 Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for Northlake Square East. PURSUANT TO INTERL0CAL AGREEMENT, THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQ UARE WEST DEVELOPMENT ORDER AT A JOINTMEETING. VI. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk priorto the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 18, 2003 Meeting Date: December 2, 2003 Ordinance 35, 2003 & Resolution 176, 2003 Subject /Agenda Item Ordinance 35, 2003 & Resolution 176, 2003: Northlake Square West Planned Unit Development Workshop: A request by Urban Design Studio, agent for Congress Plaza West, Joint Venture Partnership, for a rezoning from Research and Light Industrial Park to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG -1) in the City of Palm Beach Gardens, and rezoning from Traditional Neighborhood District (TND) to Commercial —1 (C -1) in the Town of Lake Park, to allow for the development of a 41,000 square -foot fitness center, a 12,389 square -foot pharmacy with a two -lane drive - through, and a 11,902 square -foot restaurant/retail building including an outdoor seating area on an 8.80 -acre site. The site is located at the southwest corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park. [X) Request Guidance and Input Reviewed by: Originating Dept.: FINANCE: City Council Action: Principal Planner Growth Management: [ ] Approved Talal Benothman, AICP Project / Costs: $ N/A [ ] App, w/ conditions City Attorney Manager_of Total [ ] Denied Christine Tatum Natalie Wong [ ] Rec. approval Senior Planner $ N/A [ ] Rec. app. w/ conds. Development Compliance_N /A Current FY [ ]Rec. Denial Bahareh Keshavarz- Wolfs, [ ] Continued to: AICP Funding Source: Advertised: Attachments: Date: • Tables 1 & 2 Growth M *AICP (IeA_ Administr Paper: [ ] Operating 0 Site and lJ� [X] Other NA landscape plans Charles K, • Interlocal [ ] Required Budget Acct. #: Agreement Ap proved By: [X] Not Required . List of Uses for Rohr d M. F is NA PUD parties: r' [ X ] Notified Ci y Ma ager [ ] Not Required Date Prepared: November 18, 2003 Meeting Date: December 2, 2003 Ordinance 35, 2003 & Resolution 176, 2003 JOINT CITY COUNCIL MEETING On October 16, 2003, the Town of Lake Park Commissioners and the City Council of the City of Palm Beach Gardens reviewed the subject petition on first reading at a joint development review meeting. The Town of Lake Park Commissioner voted 4 -0 in favor of the petition, and the City Council of the City of Palm Beach Gardens voted 5 -0 in favor of the subject petition. Considerable discussion took place regarding the project, and consequently, a number of changes have been made. The following is a brief summary of the major comments raised at the meeting: • Concern was raised cut - through traffic from Northlake Boulevard through the subject parcel to the Lowe's site, located immediately south of the subject site. Both parcels will be linked by a proposed cross - access driveway connection. The City Engineer has reviewed the potential vehicular flow from the main access driveway from Northlake Boulevard access point, through to the Lowe's parcel to the south, and has indicated that the proposed access driveway meets Code requirements and all other applicable engineering standards. The paver bricks and landscaping that are proposed along the main access driveway will serve as a traffic calming device along the main access driveway, which will discourage the use of heavy cut - though traffic. Furthermore, the LA Fitness building central rotunda feature has been designed intentionally to break up the linear configuration of the access driveway to serve as an additional traffic calming feature. • In light of the proposed adjacent development at the southeast corner of Congress Avenue and Northlake Boulevard, there was discussion about including a stormwater retention pond/amenity feature in the immediate northeast corner of the subject site, and relocating the proposed CVS pharmacy to the parcel to the east side of Congress. The revised plans do not reflect any response to this suggestion. • The Council raised concern over the rear elevation of the restaurant /retail building. Since the rear elevation faces the central gathering area at the entrance of LA Fitness, it was emphasized that screening of service doors along the subject elevation, particularly from restaurant tenants, is extremely important. The Council was also concerned over the maximum number of allowable restaurant users within the building. Additional foundation landscaping has also been provided on the rear of the restaurant /retail building, which includes a variety of upper - story, mid - story, and lower story vegetation with a diverse landscape palette to adequately screen the rear elevation. The number of restaurant tenants within the building has been limited to three tenants. 2 Date Prepared: November 18, 2003 Meeting Date: December 2, 2003 Ordinance 35, 2003 & Resolution 176, 2003 ADDITIONAL MODIFICATIONS Since the October 16, 2003 joint development review meeting, a number of changes have occurred to the project, which include: architecture; site design; and signage. 1. Architecture The applicant has revised the north, south, east and west elevations of the CVS pharmacy building to include more faux windows on each elevation. The applicant has also revised the south, east, and west elevations of the restaurant /retail building to include faux windows. The recent modifications to the two buildings have significantly improved the proposed architecture, and link the architecture of the LA Fitness building to the restaurant /retail and pharmacy buildings. 2. Signage The applicant has provided a complete sign package, which is summarized in Table 1 below. . PROPOSED SIGN PROGRAM G Type o Sin Building Location Permitted Requested In Compliance Waiver Major tenant sign 1x l tees ;? East 1 1 No Yes 36" letters) North 0 1 No Yes Type o Sin Buildin Location Permitted Requested In Compliance Waiver Major tenant sin l�harina„ s , ; ,` East 0 1 No Yes (24" along Congress 130" letters along Northlake North 1 1 No Yes Ground Floor /Wall Signs AM 41 Buildin „ . North (18" letters /Central tenant to have 24" 5 5 No Yes Type o Sin Permitted Requested In Compliance Waiver Monument Sign 8' 8' 1 Yes No 3 Date Prepared: November 18, 2003 Meeting Date: December 2, 2003 Ordinance 35, 2003 & Resolution 176, 2003 Type of Sin Permitted Requested In Compliance Waiver 3: Lncatsv.,..: 50' from non r.o.w. property Monument Sin line 13' No Yes .. mber� /tenur�l•. 1 1 Yes No Total Number of Proposed Major Tenant Signs 4 Total Number o Pro osed Ground/Wall Signs 9 Table 1: Sign Program Restaurant /Retail Building All tenant signs on the building will have 18" letters, except for the central tenant bay, which will be permitted 24" letters. The Code allows 24" letters for all tenant wall signs; therefore, the size of the letters on the majority of signs on the building will be less than the size permitted by Code. The color and font of the first tenant within building will establish the color and font for the remaining tenants within the same building, except for nationally registered tenants (i.e. all business that have a nationally registered trademark/logo), who will be permitted their registered color and font. CVS Pharmacy Building The CVS pharmacy will maintain its nationally registered color and font. However, the applicant has reduced the letter size from the previously proposed size of 36" letters on both elevations, to 24" letters along Congress Avenue, and 30" letters along Northlake Boulevard. In staff's professional opinion, the recent changes to the wall signs on the CVS pharmacy and restaurant /retail building have improved the quality of the signage proposed throughout the project, and are consistent the goals, policies and objectives of the Northlake Boulevard Overlay. LA Fitness Building No modifications to the LA Fitness wall signs have occurred since the last City Council meeting. The LA Fitness building will maintain its nationally registered color and font. The proposed letters will be 36" letters on both the north and east elevations. Monument Sikn The proposed monument sign previously included with plaza name with the proposed three tenant names. The sign has been modified to include one tenant name, which will be CVS 4 Date Prepared: November 18, 2003 Meeting Date: December 2, 2003 Ordinance 35, 2003 & Resolution 176, 2003 pharmacy and the plaza name. However, the applicant has renamed the plaza from Northlake Square West to LA Fitness Square. Although staff supports the reduction in the number of tenant names, staff does not support naming the plaza LA Fitness Square because it may establish an undesirable precedent for future commercial developments who propose to name developments by using corporate names, logos, and trademarks. Staff recommends that the original name, Northlake Square West, be maintained, and the applicant modifies the proposed monuments signs accordingly. 3. Site Design & Location of CVS Pharmacy Building The applicant has eliminated one row of parking in front of the CVS pharmacy, and has moved the building eight feet north from its previous location. A 10' wide landscape median has.been provided north of the building, which will include a cocoplum hedge and live oaks. The applicant has maintained the hardscape features immediately north of the pharmacy, and has also continued the paver bricks along the first row of parking north of the building. As a result of shifting the building, the width of the landscape median on the south side of the CVS pharmacy building has been increased to accommodate more landscaping. In order to relocate the parking spaces that were lost immediately north of the CVS pharmacy, the applicant has reduced the square footage of the restaurant/retail building outdoor seating area, and has reduced the width of some of the landscape medians on the periphery of the site. The site meets the minimum parking spaces required by Code for the project. The recent modifications have improved the overall site design of the project. RECOMMENDATION Staff requests guidance and direction from the City Council. 5 July 1, 2002 REVISED AUGUST 1, 2002 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT (Agreement) is made this day of , 2002, by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter "City ") and TOWN OF LAKE PARK, a municipal corporation (hereinafter "Town "). WHEREAS, the owners of portions of a 8.80 acres, more or less parcel of land generally located on the southwest corner of Congress Avenue and Northlake Boulevard seek to develop the Site ( "Site ") as a unified project; and WHEREAS, approximately 5 acres or 57% of the site is within the City of Palm Beach Gardens and 3.71 acres or 43% of the "Site" is within the Town of Lake Park, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting and code enforcement so as to enable the owner(s) of the Site to utilize the property in accordance with zoning and enforcement procedures that are consistent in each municipality; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Part I, chapter 163, Florida Statutes to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and the desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. \ \Uds _server \VOL]\COMMON\Jobs\Parcel 34.01 W\devsgmt.080102R.wpd LCC35 Page I of 5 NOW, THEREFORE, in consideration ofthe obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant and agree as follows: 1. RECITALS: The foregoing recitals are true and correct and express the City's and Town's mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT: �(a) City and Town shall each appoint an "Administrator," for the purposes of this Interlocal Agreement-t-6 coordinate the administration between the municipalities. (b) The City's Growth Management Director and the Town's Community Development Director are hereby required to meet with the Administrators to review applications for zoning, permits, site plans and building plans in order to facilitate such applications, all of which shall be processed pursuant to the City's applications procedures, but jointly with the Town on a set schedule mutually established by the Administrators. (c) It is contemplated that the proposed development on the Site will be treated as a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications against their respective land development regulations and the regulations of the proposed Northlake Boulevard Overlay Zoning District (NBOZ), but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction's municipal code, shall apply. (d) In order to maintain an orderly development review process, the City shall be solely responsible for leading the processing of all development applications with regard to the Site, in accordance with the City's procedures and the procedures set forth in the proposed Northlake Boulevard Overlay Zoning District regulations. The Town and City shall review applications j ointly and the recommendations by both municipal Planning and Zoning bodies, first and second readings of ordinances, public hearings and final action by the City Council and Town Commission shall occur at joint meetings to be scheduled through the Administrators. (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. The legal description of the Site shall be depicted by the approved plat. 1 \Uds_ server \VOLT \CON,DAOTI\Tobs\Pareel 34.01 W\devagm1.080102R.wpd LCC35 Page 2 of 5 (f) Municipal impact fees shall be paid based on the actual building square footage located within the municipality and the applicable fee schedule. The general development application fee shall be paid in full to each municipality, as required. ' (g) Property taxes for the buildings and other improvement shall be prorated to each municipality based on percentage of site located with in the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County tax collector. (h) Police protection, fire protection, building permits and fees, building inspections, Certificates of Occupancy, and occupational licenses shall be under the direction of the jurisdiction with the largest percentage of each structure or improvement requiring inspection located in its jurisdiction, unless otherwise provided for in the final development order. The City shall inspect ALL Site work including parking and landscaping areas, with the exception foundation plantings, for final certificate of occupancy. (1) All property of the subject Site shall be required to provide Unity of Control for the affected property. A single plat for the Site shall be approved by both governing bodies. 0) All future development applications including amendments to the development order and /or redevelopment plans for the site shall require joint review and approval by the governing bodies of each municipalities. Such review and approval shall be conducted consistent. with the above described process unless otherwise agreed to by the owner of the site and each governing body of each municipality. 3. NORTHLAKE BOULEVARD OVERLAY DISTRICT The Town and City hereby acknowledge that each municipality has been working toward a common goal regarding development review and procedures on Northlake Boulevard and each has adopted or anticipates adopting the procedures and requirements of the Northlake Boulevard Overlay Zoning District. In an effort to provide consistent and fair code enforcement by each municipality, the code enforcement officers of each municipality shall coordinate their activities to ensure consistent enforcement throughout the Site. 4. MODIFICATION OF AGREEMENT This Agreement may be modified only upon majority vote of the governing body in each municipality. 5. DURATION This Agreement shall remain in effect unless amended in writing by both parties with adequate notice to the property owner of record. Wds serveAVOLIT OMMOMobsTaicel34 .01VAdcvagm1.0&0102R.wpd LCC35 Page 3 of 5 6. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded in the Public Records of Palm Beach County and in the records of City and Town. 7. LEGISLATIVE POWER This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the administrator. 8. GOVERNING LAW This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 9. COUNTERPARTS This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 10. EFFECTIVE DATE This Agreement shall be effective upon full execution by City and Town. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this / r, day of 1�ytvsT , 2002. ATTEST: CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY \ \Uds server\VOLI\ COMMONU obs \Parcel34.01Mdevagmt.080102R.wo LCC35 Page 4 of 5 EXECUTED BY THE TOWN this day of , 2002. TOWN OF LAKE PARK l MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: % \Uds_serveAVOLI1COMMOMlobs\Parcel 34.01 W\devagmt.080102R.wpd LCC35 Page 5 of 5 DESCRIPTION & SKETCH PREPARED FOR: CONGRESS PLAZA WEST, JOINT VENTURE EXHIBIT A LEGAL DESCRIPTION-. A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE- QUARTER (NE 114) OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 88 °26'21 "WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SAID SECTION 19, A DISTANCE OF 1101.61 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C -17 CANAL, A 340 FOOT RIGHT -OF -WAY, AS RECORDED IN DEED BOOK 1164, PAGE 572, AND DEED BOOK 1089, PAGE 390, OF THE PUBLIC RECORDS OF PALMI BEACH COUNTY, FLORIDA; THENCE SOUTH 01 °31'19" WEST, DEPARTING SAID NORTH LINE AND ALONG SAID EAST RIGHT -OF -WAY LINE, A ' DISTANCE OF 75.00 FEET TO A POINT IN THE SOUTH LINE OF THAT CERTAIN 75.00 FOOT RIGHT -OF -WAY FOR NORTHLAKE BOULEVARD AS RECORDED IN DEED BOOK 951, PAGE 194, AND DEED BOOK 916, PAGE 453, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 °26'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88 °26'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 396.10 FEET TO THE WEST LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43 °42'15" EAST DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET; THENCE SOUTH 01 °02'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 00 °50'05 ", A DISTANCE OF 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °20'19" WEST ALONG SAID WEST LINE A DISTANCE OF 153.72 FEET; THENCE NORTH 88 °26'21" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 638.51 FEET TO A POINT ON A LINE 2.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL; THENCE NORTH 19 °22'14" EAST ALONG A LINE PARALLEL WITH, AND 2.00' EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 588.27 FEET; THENCE 01 031'19" EAST, CONTINUING ALONG SAID PARALLEL. LINE A DISTANCE OF 146.92 FEET TO A POINT 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH RIGHT OF WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE SOUTH 88 026'21" EAST, ALONG A LINE PARALLEL WITH, AND 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH RIGHT -OF -WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 18.00 FEET TO A POINT ON A LINE 20.00 EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE C -17 CANAL; THENCE NORTH 01 °31'19" EAST ALONG A LINE PARALLEL WITH AND 20.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING INC 5. DATE OF LEGAL DESCRIPTION:, JUNE 25, 2002 LEGEND: LB = LICENSE BUSINESS LIDBERG LAND SURVEYING, INC. LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK Pb = PLAT BOOK POB = POINT OF BEGINNING DAVID C. LIDBERG POC = POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR AND MAPPER ROW = .RIGHT -OF -WAY FLORIDA CERTIFICATE No. 3613 UE = UTILITY EASEMENT LIDBERG' LAND LLSURVEYING, INC. LB 4431 876 West Indiantoum Road, suite 200. ✓upttsi Florida 38468 TZI- 66f- 748 -8464 CAD K:L4UTOCAD20001194243 102- 0951DWG10942303A.DWG REF K :IAUTOCADI FLD FB. PG. OFF S.F.B. CKD D.C.L. SHEET 1 OF 2 K: I4UTOCA020001194243102- 0951dwg10952303A.dwg 0612812002 02:24:43 PM EDT JOB 02- 095 -303A DATE 06127/02 DWG A02 -095A . L DESCRIPTIC , A SKETCH PREPARto FOR: CONGRESS PLAZA WEST, JOINT VENTURE NORTH QUARTER CORNER SECTION 19, TOWNSHIP 42 SOUTH, P.O.C. RANGE 43 EAST,PALM N88 °26'21 "W NORTHEAST CORNER BEACH COUNTY, FLORIDA (BEARING BASE SECTION 19, TOWNSHIP 42 SOUTH, 2654.62' TOTAL RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA S 88026'21".E - NORTHLAKE BOULEVARD 1e _ 1553.D1. N 88 °26'21" W — " 75' RIGHT -OF -WAY — — — — -�- — — — — _ —t-- " DB 915, PG 194 S 01 °31'19" W--) P.O.B S$8 °26'21 "E — — — 1 — �9 i° OB 916453 75.00' 396.10, L �I- S 88 °26'21" E �-1 � 344.24' I 20.00' SEE L216/ 51.86' 340.00' \DETAIL'C T-- � S43 °42'15 "E '' 'i� 56.31' I I w w CITY OF PALM � LL �z 3 °' I N I: BEACH GARDENS ion �— o Lu o 218,623 SQ. FEET !-,q- Z w z I°' OR 5.02 ACRES o a Lu Lu z ° v �I o }- w IZ �� all O Q U' �I ha3 cn c o Q w 0 ° I = � 4�' ! N88 °26'21 "W W- °° / -lc Al L.- 200.00_ , - �m � I �v o zt� C7 z I Zp I / Q �p Ov W I IV icl TOWN OF LAKE PARK - _ - 164,792 SQ. FEET �oI J I I OR 3.78 ACRES C) I� 830.00' SE DETAIL'B' I ° I • N840C a21 "W CITY OF PALM N88 026'21 "W "?OD / o=Q DETAIL'B' ti FQ N ^ 1,. _ 20' N88 026'21. "W CIO C 4 , 638.51' 1 7.00' LINE TABLE L1 N01 031'19 "E 146 L2 S88 °26'21 "E 18. L3 N01 °31'19 "E 25.00' 92' SEE DETAIL 'A' 00' \ - I D1 'A' 2 MUNICIPAL 1" = 20' LINE (TYPICAL) N88 °26'21 "W - •- 185.86 -_ .._, o � - 0 ,- �- 0 ' cn N88 °26'21 "W 638.51' TOTAL AREA = 383,415 SQ. FEET, OR 8:80 ACRES CAD BEACH GARDENS I �I TOWN OF LAKE PARK1 a) iv I I N,M MUNICIPAL LINE I r (TYPICAL) I 0 U) I N88°26'21 "W S88 026'21 "E 20.00' w 396.10' :7(o PARCEL FOR arn_ .F V LOWES PYLON T' o P.O.B. o ti "3r- SIGN T' O DETAIL'C' u' S88 °26'21 "E ° 1" = 20' 21. 1 a.0 0' Z 4 - - N01 031'19 "E 146.92' K:XAUTOCAD20001194243102- 0951DW G10952303A.DW G LIDBER-G � REF K:IAUTOCADI FLD ILL ft S URVEYING, INC. OFF S.F.B. La 4431 676 )fort rnd{antouun Road, suit!. 200. CKD Jupiter, llartda 33466 TEL 661 - 748 -8464 D.C.L. K:I4UTOCA020001194243 102- 0951dwgIO952303A.dwg 0612612002 02:24:43 PM EOT FB. PG: SHEET 2 OF 2 JOB 02- 095 -303A DATE 06/27/02 DWG A02 -095A Exhibit "A" Northlake Square West Permitted Uses November 14, 2003 The following uses are permitted within Northlake Square West. S Antique Shop S Appliance and Electronics Store S Art Gallery, retail S Bakery S Bank/Financial Institution w/o Drive Through S Barber /Beauty Shops S Bicycle Sales and Repairs S Bookstore S Catering Service S Clinic, Medical or Dental S Clinic, Veterinary S Clothing and Accessory Store S Convenience store without gas sales S Data Processing Service S Department Store S Dry Cleaning S Drugstore or Pharmacy, General S Drugstore or Pharmacy, Limited S Electronic Repair S Emergency Health Care S Employment Office S Express or Parcel Delivery Office S Extermination Service S Floral or Florist Shop S Gift and Card Shop S Grocery Store, Retail S Hardware, Paint, Glass, Wallpaper and Floor covering store S Health, Physical Fitness, Weight Reduction, and Spa S Hobby, Fabric, and Craft Shop S Interior Design, including sales S Jewelry store, including repair of jewelry and clocks S Laundry and Dry- cleaning pick up station S Locksmith S Mail and Packing Store, Private S Massage therapist S Medical and Dental supply sales uselist111403 LCC35 S Office, Medical or Dental S Office, Professional and Business S Optical, Optician or Optometrist Offices S Personal Services S Pet Grooming Shop S Picture Framing S Post Office, accessory S Pottery Shop S Print Shop (retail) S Restaurant, General without drive -thru S Restaurant, Specialty (defined to include establishments that sell a limited variety of food and beverages that are generally prepared to order and consumed on- premises and are typified by ice cream shops, health food shops, coffee shops, doughnut and bakery shops, delicatessens and similar types of establishments including what the industry referes to as "casual quick service" S Restaurant, Quality S Retail General S Satellite dishes, accessory S Shoe Repair S Showroom, general S Studio, Instructional S Studio, Professional S Tailor Shop S Travel Agency S Veterinary Office and Clinic S Video Game and Amusement Parlor S Video Rental and Sales No more than 3 restaurant uses can be contained in the multi- tenant building located on the northwest portion of the site. uselistl 11403 LCC35 �P.. R Li\ § ee v -5 1— f`�5 �! {,, !!J W � � $! ®! / § \ E W () z `! � H §� Q � / # b .! ! A. $ § §) ,CD §5 . �� #!id -!{| «! :2 #�f!# p ! ||! Date Prepared: September 24, 2003 1 ORDINANCE 35, 2003 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING THE 5 -ACRE PORTION AN 6 8.80 -ACRE PARCEL OF LAND LOCATED ON THE SOUTHWEST 7 CORNER OF NORTHLAKE BOULEVARD AND CONGRESS,AVENUE 8 WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY 9 OF PALM BEACH GARDENS, AS DESCRIBED MORE 10 PARTICULARLY HEREIN, FROM A ZONING DESIGNATION OF 11 RESEARCH AND LIGHT INDUSTRIAL PARK (M1) TO PLANNED UNIT 12 DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING 13 DISTRICT OF GENERAL COMMERCIAL (CG -1); AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -11) 18 for a rezoning to Planned Unit Development (PUD) with an underlying zoning district of 19 General Commercial (CG -1) for the 5 acre portion of the 8.80 -acre site, generally located at 20 the southwest corner of the intersection of Northlake Boulevard and Congress Avenue, 21 which lies within the municipal boundaries of the City of Palm Beach Gardens, as more 22 particularly described herein; and 23 24 WHEREAS, the subject site is currently zoned Research and Light Industrial Park 25 (MI) and has a land use designation of Commercial (C); and 26 27 WHEREAS, the Growth Management Department reviewed said petition and 28 determined that it is sufficient with the City's Land Development Regulations and the 29 Comprehensive Plan; and 30 31 WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach 32 Gardens and the Town of Lake Park in August 2002 for a joint development review of the 33 subject site; and 34 35 WHEREAS, the Planning and Zoning Commission held a joint public hearing on July 36 14, 2003, with the Planning and Zoning Board of the Town of Lake Park and has 37 recommended approval of the rezoning to the City Council; and 38 39 WHEREAS, the City Council, as the governing body of the City of Palm Beach 40 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 41 Statutes, and the City's Land Development Regulations, is authorized and empowered to 42 consider petitions related to zoning and land development orders; and 43 44 WHEREAS, the City Council has considered the evidence and testimony presented 45 by the Petitioner and other interested parties and the recommendations of the various City 46 of Palm Beach Gardens and Palm Beach County review agencies and staff; and Date Prepared: September 24, 2003 Ordinance 35, 2003 1 WHEREAS, the City Council has determined the adoption of this Ordinance to be in 2 the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida. 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 PALM BEACH GARDENS, FLORIDA that: 6 7 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 8 9 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 10 approves the rezoning of the parcel of land, as more particularly described below, from a 11 zoning designation of Research and Light Industrial Park (MI) to Planned Unit 12 Development (PUD) with an underlying zoning district of General Commercial (CG -1): 13 14 LEGAL DESCRIPTION 15 16 A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE- QUARTER (NE 1/4) OF 17 SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 18 FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: 19 20 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE 21 NORTH 88 026'21 "WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE - 22 QUARTER (NE 1/4) OF SAID SECTION 19, A DISTANCE OF 1030.01 FEET; THENCE 23 SOUTH 01 019'36" WEST, A DISTANCE OF 75.00 FEET TO A POINT ON THE SOUTH 24 LINE OF THAT CERTAIN 75.00 FOOT RIGHT -OF -WAY FOR NORTHLAKE BOULEVARD 25 AS RECORDED IN DEED BOOK 915, PAGE 194, AND DEED BOOK 916, PAGE 453, OF 26 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND SAID POINT ALSO 27 BEING ON THE MUNICIPAL LINE DIVIDING THE TOWN OF LAKE PARK AND THE 28 CITY OF PALM BEACH GARDENS, FLORIDA, AND THE POINT OF BEGINNING; 29 30 THENCE SOUTH 88 026'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A 31 DISTANCE OF 344.24 FEET TO THE WEST LINE OF CONGRESS AVENUE AS 32 RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF 33 PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43 °42'15" EAST DEPARTING 34 SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET; 35 THENCE SOUTH 01002'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, 37 HAVING A RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF 38 SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 00 °50'05 ", A 39 DISTANCE OF 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 40 01 020'19" WEST ALONG SAID WEST LINE A DISTANCE OF 146.72 FEET TO A POINT 41 ON THE MUNICIPAL LINE DIVIDING THE TOWN OF LAKE PARK AND THE CITY OF 42 PALM BEACH GARDENS, FLORIDA; THENCE ALONG SAID MUNICIPAL LINE FOR 43 THE FOLLOWING FOUR COURSES; THENCE NORTH 88 026'21" WEST A DISTANCE 44 OF 185.86 FEET; THENCE NORTH 01 °19'36" EAST A DISTANCE OF 300.00 FEET; 45 THENCE NORTH 88 026'21" WEST A DISTANCE OF 200.00 FEET; THENCE NORTH 46 01 °19'36" EAST A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. 2 Date Prepared: September 24, 2003 Ordinance 35, 2003 1 CONTAINING IN ALL 218,623 SQUARE FEET, 5.02 ACRES, MORE OR LESS. 2 3 SECTION 3. The City Manager is hereby authorized and directed to make 4 appropriate changes on the zoning district map of the City to effectuate the purpose of this 5 Ordinance. 6 7 SECTION 4. This approval expressly incorporates and is contingent upon all 8 representations made by the application or applicant's agent(s) at any workshop or public 9 hearing. 10 11 SECTION 5. This Ordinance shall become effective immediately upon adoption of 12 Ordinance of the Town of Lake Park 13 14 15 16 17 18 19 (The remainder of this page left intentionally blank) 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 3 1 2 3 4 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: September 24, 2003 Ordinance 35, 2003 PASSED this day of , 2003, upon first reading. PASSED AND ADOPTED this day of , 2003, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Eric Jablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: 3'0 Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MN Christine P. Tatum, City Attorney Wattorn ey_sh are\ORD I NAN CES\Ord. 35 2003- northlake square west.doc 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: September 24, 2003 RESOLUTION 176, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR CONGRESS PLAZA WEST ON THE 5 -ACRE PORTION AN 8.80 -ACRE PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW FOR A 41,000 SQUARE -FOOT FITNESS CENTER, A 12,389 SQUARE -FOOT PHARMACY WITH A TWO -LANE DRIVE - THROUGH, AND A 12,000 SQUARE —FOOT RESTAURANT/ RETAIL BUILDING WITH AN OUTDOOR SEATING AREA; PROVIDING FOR WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -11) for master development approval for a 41,000 square -foot fitness center, a 12,389 square - foot pharmacy with a two -lane drive - through, and a 12,000 square -foot restaurant/retail building including an outdoor seating area on a 8.80 -acre site, generally located at the southwest corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein, to allow for approval of the PUD Master Plan; and WHEREAS, the subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG -1); and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park in August 2002 for a joint development review of the subject site; and WHEREAS, the Planning and Zoning Commission reviewed the Master Development Plan at a public hearing conducted on July 14, 2003, and has recommended its approval; 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 Date Prepared: September 24, 2003 Resolution 176, 2003 1 WHEREAS, the City Council has determined the adoption of this Resolution to be in 2 the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida. 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 6 PALM BEACH GARDENS, FLORIDA that: 7 8 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9 10 SECTION 2. The Master Development Plan application for Congress Plaza West, 11 Joint Venture Partnership, is hereby APPROVED on the following described real property, to 12 permit the development of a 41,000 square -foot fitness center, a 12,389 square -foot 13 pharmacy with a two -lane drive - through, and a 12,000 square -foot restaurant/retail building 14 including an outdoor seating area on an 8.80 -acre site located at the southwest corner of 15 the intersection of Northlake Boulevard and Congress Avenue within the municipal 16 boundaries of the City of Palm Beach Gardens and the Town of Lake Park, subject to the 17 conditions of approval contained herein, which are in addition to the general requirements 18 otherwise provided by ordinance: 19 20 LEGAL DESCRIPTION: 21 22 A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE - QUARTER (NE 1/4) OF 23 SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 24 FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: 25 26 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE 27 NORTH 88 026'21 "WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE - 28 QUARTER (NE 1/4) OF SAID SECTION 19, A DISTANCE OF 1030.01 FEET; THENCE 29 SOUTH 01 019'36" WEST, A DISTANCE OF 75.00 FEET TO A POINT ON THE SOUTH 30 LINE OF THAT CERTAIN 75.00 FOOT RIGHT -OF -WAY FOR NORTHLAKE BOULEVARD 31 AS RECORDED IN DEED BOOK 915, PAGE 194, AND DEED BOOK 916, PAGE 453, OF 32 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND SAID POINT ALSO 33 BEING ON THE MUNICIPAL LINE DIVIDING THE TOWN OF LAKE PARK AND THE CITY 34 OF PALM BEACH GARDENS, FLORIDA, AND THE POINT OF BEGINNING; 35 36 THENCE SOUTH 88 026'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A 37 DISTANCE OF 344.24 FEET TO THE WEST LINE OF CONGRESS AVENUE AS 38 RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF 39 PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43 042'15" EAST DEPARTING SAID 40 SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET; THENCE 41, SOUTH 01 002'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 FEET TO 42 THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A 43 RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 44 AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 00 °50'05 ", A DISTANCE OF 45 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01020'19" WEST 46 ALONG SAID WEST LINE A DISTANCE OF 146.72 FEET TO A POINT ON THE 47 MUNICIPAL LINE DIVIDING THE TOWN OF LAKE PARK AND THE CITY OF PALM 48 BEACH GARDENS, FLORIDA; THENCE ALONG SAID MUNICIPAL LINE FOR THE 2 Date Prepared: September 24, 2003 Resolution 176, 2003 1 FOLLOWING FOUR COURSES; THENCE NORTH 88 °26'21" WEST A DISTANCE OF 2 185.86 FEET; THENCE NORTH 01 °19'36" EAST A DISTANCE OF 300.00 FEET; 3 THENCE NORTH 88 026'21" WEST A DISTANCE OF 200.00 FEET; THENCE NORTH 4 01019'36" EAST A DISTANCE OF 425.00 FEET TO THE POINT OF BEGINNING. 5 CONTAINING IN ALL 218,623 SQUARE FEET, 5.02 ACRES, MORE OR LESS. 6 7 Project Plan and Uses: 8 9 1. Prior to issuance of the first building permit, the applicant shall comply with the Art-in- 10 Public- Places requirement by providing art on site or make a payment in lieu of art, in 11 accordance with Section 78 -262 of the LDRs based on a recommendation by the City 12 Council after review by the Art-in- Public- Places Committee. If the applicant is providing 13 Art on site, the Art shall be installed prior to the issuance of the first Certificate of 14 Occupancy. (Planning and Zoning) 15 16 2. Required digital files of the approved plat shall be submitted to the Planning and 17 Zoning Division prior to issuance of the first Certificate of Occupancy, and approved 18 civil design and architect drawings shall be submitted prior to the issuance of the first 19 Certificate of Occupancy. (GIS Manager and Development Compliance Officer) 20 21 3. All tenant signage on the restaurant/retail building shall be limited to one typeface 22 and one color, and all letters shall be limited to a maximum of 18" in size. The first 23 tenant sign permit to be issued by the Growth Management Department shall provide 24 for the color and typeface allowed in the PUD, and with which subsequent signage 25 shall conform. No signs shall be permitted on the eastern and western elevations of 26 the restaurant/retail building. (Planning & Zoning) 27 28 4. The maximum height of the letters on any tenant identification wall sign on the CVS 29 building shall be limited to 24" on the northern wall facing Northlake Boulevard, and 30 18" on the eastern wall facing Congress Avenue. The maximum height of the letters 31 on any tenant identification wall sign on the LA Fitness Building shall be limited to 32 30 ". (Planning and Zoning) 33 34 5. Any proposed future use that is listed in the City's Land Development Regulations as 35 a Conditional Use shall be reviewed and approved by the Planning and Zoning 36 Commission and the City Council. (Planning & Zoning) 37 38 6. All mechanical equipment shall be screened from view (Planning & Zoning). 39 40 7. Within twelve (12) months of the effective date of this Resolution, the applicant shall 41 construct and maintain the proposed City Entryway monument sign, subject to the 42 approval of Palm Beach County, in the location as indicated on the Site Plan and in 43 accordance with the City's design, and design as presented by the applicant, which 44 incorporates the Town of Lake Park. In the event that the proposed location is not 45 permitted by Palm Beach County, the applicant shall submit to the City and the Town 46 an administrative amendment for an alternative sign location on a site acceptable to 47 the City. (City Forester, Planning and Zoning) 48 3 Date Prepared: September 24, 2003 Resolution 176, 2003 1 8. Future site plan amendments shall be reviewed as major amendments to the 2 Planned Unit Development, in accordance with Section 78 -49 (b) (7) of the LDRs. A 3 minor change of up to 5% to the approved allocation of uses for the commercial 4 buildings shall require administrative review and approval of a parking and traffic 5 equivalency analysis by the Planning and Zoning Division. Any major modifications 6 (Greater than 5 %) to the allocated uses shall require review and approval by City 7 Council. (Planning and Zoning) 8 .9 9. No assigned parking shall be permitted on site. (Planning and Zoning) 10 11 Landscaping 12 13 10. Within six (6) months of the issuance of any land alteration permit, the applicant shall 14 install and maintain the landscaping, irrigation, hardscape, and lighting from Congress 15 Avenue to the western terminus of the property and all of the southern roadway 16 shoulder of Northlake Boulevard between the eastern and western terminus of the 17 property based on the Michael Redd and Associates Northlake Boulevard Streetscape 18 Plans dated November 22, 2002, and landscape plans for the subject project by 19 Kimley Horn dated July 28, 2003, which include the meandering sidewalk. In the event 20 that the City of Palm Beach Gardens, or another entity, forms a Special District 21 pertaining to the landscape and maintenance of Northlake Boulevard, then the 22 applicant, successors, or assigns shall automatically become a member of such 23 Special District. This condition may be amended at any time by separate agreement 24 between the applicant and the City of Palm Beach Gardens. In the event a Special 25 District is not created, the City of Palm Beach Gardens reserves the right to bill the 26 applicant, successors, or assigns for their fair share of the maintenance of the 27 aforementioned Northlake Boulevard right -of -way irrigation and landscaping. (City 28 Forester) 29 30 11. Within four (4) months of the issuance of any land alteration permit, the applicant shall 31 submit to the City an on -site and off -site irrigation plan based on the Michael Redd and 32 Associates landscape plans to be reviewed and approved by the City Forester. (City 33 Forester) 34 35 12. If the properties to the north of the subject site are approved by the City Council for a 36 major site plan amendment, the costs to maintain the common median shall be shared 37 between the property owners on both sides of Northlake Boulevard. The City shall 38 disclose to all parties any maintenance agreements between developments, but it shall 39 be the property owner's responsibility to coordinate the maintenance and the shared 40 cost thereof. (Planning and Zoning) 41 42 13. Within six (6) months of the issuance of the clearing /land alteration permit, the 43 applicant shall install and maintain the landscaping and irrigation, as permitted by 44 Palm Beach County, within the Congress Avenue right -of -way median and westerly 45 road shoulder from Northlake Boulevard to the southern terminus of its property. 46 (City Forester) 47 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 48 Date Prepared: September 24, 2003 Resolution 176, 2003 14. The applicant, successors, or assigns shall be responsible for its fair share of landscaping and irrigation maintenance with the Congress Avenue right -of -way median and road shoulder from Northlake Boulevard to the southern terminus of its property. (City Forester) 15. Prior to the issuance of the first building permit, the applicant shall submit revised landscaping plans to include silver buttonwood trees along the north landscape buffer to be reviewed and approved by the City Forester. (Planning and Zoning, City Forester) Engineering 16. Prior to the issuance of the first building permit, the curb radii shall be modified and consistently shown on the Northlake and Congress Driveway Plans to be consistent with the Horizontal Control Plan. (City Engineer) 17. Prior to the issuance of the first building permit, the applicant shall plat the entire 8.80 -acre parcel in accordance with LDR Section 78 -446, "Plat review and approval process." (City Engineer) 18. Prior to construction plan approval, the applicant shall provide a letter of consent from the utility easement owner(s) allowing light fixture poles and /or landscaping within their utility easements. (City Engineering) 19. Prior to issuance of the first building permit, the applicant shall resubmit sheet C10 showing a parking space detail consistent with the plan view. (City Engineer) 20. Prior to issuance of the first building permit, the applicant shall show pedestrian crossing signs for non - controlled intersection locations, such as mid - block. (City Engineer) 21. Prior to issuance of the first building permit, the applicant shall revise the Signing and Marking Plans and Northlake and Congress Driveway Plans to specify that all pavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Paver bricks of appropriate color shall be used on paver brick areas, in lieu of paint or thermoplastic material. (City Engineer) 22. Prior to issuance of the first building permit, the applicant shall show the signage and striping for the loading zone areas. (City Engineer) 23. Prior to issuance of the first building permit, the applicant shall revise Note #1 on the Signing and Marking Plans for the Sign Base Detail to set the poles behind the sidewalk. (City Engineer) 24. Prior to issuance of the first building permit, the applicant shall provide a stop sign /stop bar and "do not enter" signage for the exit from the pharmacy drive - through. The signage shall be on both sides and the stop bar shall extend across all lanes. (City Engineer) 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 47 Date Prepared: September 24, 2003 Resolution 176, 2003 25. Prior to issuance of the first building permit, the details 8 and 9 on the Hardscape Details, sheet LA6, either shall be revised to meet the LDR Section 78 -499 table 41 specifications or shall be removed from the plans. (City Engineer) 26. Prior to issuance of the first building permit, the following Construction Plan revisions shall be provided to the City Engineer: (City Engineer) • The construction plans shall identify the location and type of all curb ramps. The applicant shall provide a ramp detail meeting ADA and FDOT standards and identify the curb ramp number from FDOT index 304. • Curb transitions shall be called out on the plans and a detail for each type of transition (i.e., Type "F" to "D ", Type "D" to Header curb) needs to be provided. • The limits of the paver brick areas need to be shown. • A typical cross - section of the flexible pavement and paver brick areas meeting LDR Section 78 -499, Table 41 requirements shall be provided on sheet C10. These details need to be referenced on sheets C9 and C9A. The Florida Bearing Value (FBV) shall be also specified on sheets C9 and C9A. • Hydraulic drainage calculations shall be submitted. • The minimum finish floor (13.5 feet) and road crown elevation (11 feet) per the SFWMD permit shall be shown on sheet C7. • The applicant shall label the material proposed for the roof drains. • The applicant shall revise the note "Tie to on -site curb" and "Tie to proposed Type "F" curb & gutter" on the Northlake and Congress Driveway Plans to read "Transition from Type "D" curb (or Header curb) to Type "F" curb and gutter. The applicant shall reference the details for transition curb. • The location of the proposed sign shown on sheet C15 shall be shown on the Northlake Driveway Plans, sheet C9. Crime Prevention through Environmental Design (CPTED) 27. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) 28. Landscaping shall not conflict with lighting, including long -term canopy tree growth. (City Forester, Police) 29. Building lighting shall be around the perimeter on all sides and on pedestrian walkways. No glare lighting shall be used. (Police Department) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 24, 2003 Resolution 176, 2003 30. Entry signage shall be lighted. (Police Department) 31.Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) 32. Numerical addresses shall: (Police Department) a. Be illuminated for nighttime visibility and be unobstructed; b. Have bi- directional visibility from the roadway; and c. Be placed at the front and rear of each business. 33.All structures shall use the following target hardening techniques: (Police Department) a. Buildings shall be pre -wired for an alarm system. 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 guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180 - degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non - removable hinge pins. f. Exterior roll -up doors shall be target hardened. 34.ATM security shall be achieved by using the following techniques: (Police Department) a. Shall be visible from roadway(s). b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24 -hours a day. d. Install and strategically place a convex mirror to allow operator of the ATM to identify any .approaching person(s) and /or potential suspect(s). SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 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 47 Date Prepared: September 24, 2003 Resolution 176, 2003 1. Section 78 -344 (1) (1), Parking Stall and Bay Dimensions, to allow for 95-wide parking spaces; the Code requires 10' -wide spaces. 2. Section 78 -229, Table 5 -5, Permitted Business Signs, to allow for a monument sign to be located 13' away from a non right -of -way property line; the Code requires a minimum of 50'. 3. Section 78 -285, Wall Sign, to allow for additional tenant wall signs on all three buildings; the Code allows one wall sign per tenant. 4. Section 78 -284, Wall Sign Design, to allow for an inconsistent wall sign design; the Code requires consistent color, style, and design. 5. Section 78 -229, Monument Sign, to allow for three tenant names on a monument sign; the Code allows one name. 6. Section 78 -315, Loading Space, to allow for five loading spaces; the Code requires six loading spaces. 7. Section 78 -315, Maximum Number of Parking Spaces allowed, to allow more than nine parking spaces in a row; the Code limits the maximum number of parking spaces to nine in a row. 8. Section 78 -182, Maximum foot - candles, to allow for 12 foot - candles under the pharmacy drive - through canopy; the Code limits the maximum amount of foot - candles to 10. SECTION 3. This PUD approval shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Northlake Square West Site Plan, Sheet 1 of 1, Urban Design Studio, July 29, 2003, received by the City of Palm Beach Gardens July 30, 2003. 2. Boundary Survey, Sheet C2, Lidberg Land Surveying, Inc., July 29, 2003, received by the City of Palm Beach Gardens July 30, 2003. 3. Existing Conditions, Demolition Plan, Erosion and Horizontal Control Plans, Sheets C3 through C6, Kimley Horn and Associates, June 17, 2003, received by the City of Palm Beach Gardens July 30, 2003. 4. Paving, Drainage and Grading Plans, Sheets C6 through C9A, Kimley Horn and Associates, July 16, 2003, received by the City of Palm Beach Gardens July 30, 2003. 5. Signage Plan, Sheet C15, Kimley Horn and Associates, June 17, 2003, received by the City of Palm Beach Gardens July 30, 2003. 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: September 24, 2003 Resolution 176, 2003 6. Landscape Phasing Plan, Sheet LA PP, July 25, 2003, received by the City of Palm Beach Gardens July 30, 2003. 7. Landscape Plan, Sheets LA -1, July 28, 2003, received by the City of Palm Beach Gardens July 30, 2003. 8. Landscape Plans, Sheets LA -2 through LA -6, June 17, 2003, received by the City of Palm Beach Gardens July 30, 2003. 9. Photometric and electric plans, Sheets SE -1 through SE -4, March 2003, received by the City of Palm Beach Gardens July 30, 2003. 10. LA Fitness Floor and Roof Plans, Elevations, Sheets A1.0 through A1.2, July 29, 2003, received by the City of Palm Beach Gardens July 30, 2003. 11. CVS Pharmacy Floor and Roof Plans, Elevations, Sheets A2.0 through A2.2, July 29, 2003, received by the City of Palm Beach Gardens July 30, 2003. 12. Restaurant/Retail Building Floor and Roof Plans, Elevations, Sheets A3.0 through A3.2, July 29, 2003, received by the City of Palm Beach Gardens July 30, 2003. SECTION 4. This Resolution shall become effective immediately upon adoption of Resolution by the Town of Lake Park. (The remainder of this page left intentionally blank) G 1 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 39 40 41 42 43 44 45 46 Date Prepared: September 24, 2003 Resolution 176, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA AN Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \reso 176 2003 - master dev plan approval - congress plaza west.doc 10 _Lw 3 IP t 4dtrr9 Gam. i4s Muni - Tenant BLmldrrng la IdA l era AN" O 'dI lk dMI' ■I i Y R LA Fitness j ! Dry ! 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Wu, Growth Management Administrator a�-- SUBJECT: Northlake Square East Interlocal Agreement At the October 5, 2003 Town of Lake Park Commission meeting, the Town Commission refrained from taking formal action on the proposed Interlocal agreement between the City of Palm Beach Gardens and the Town of Lake Park regarding Northlake Square East. As a result, this item has been included as an item for discussion on the December 2, 2003, Joint Council Meeting Agenda. Attached are the original Interlocal Agreement, staff report, and Resolution. If there are any questions regarding this matter, please contact Charles K. Wu, Growth Management Administrator, at (561) 799 -4288. Attachment: 1. Proposed Interlocal Agreement 2. Staff report and Resolution 170, 2003 /nw CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum RE(CE�VtJ ae111 -L � 20U3 Date Prepared: October 28, 2003 Meeting Date: November 20, 2003 Resolution 170, 2003 Subject /Agenda Item: Resolution 170, 2003: Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park regarding Northlake Square East Consideration for approval: An agreement between the City of Palm Beach Gardens and the Town of Lake Park for the Joint Development Review of a 19.12 -acre parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue within the municipal boundaries of the Town of Lake Park and the Citv of Palm Beach Gardens. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: Growth Management: Principal Planner AP Talal Benothman, Talal Benothman, Costs: $ N/A [ ]Approved City Attorney Project Manager Total [ ] App. w/ conditions [ ] Denied Christine Tatum, sq. Natalie Wong $ N/A [ ] Rec. approval Senior Planner Current FY [ ] Rec. app. w/ conds. Development Compliance [ ] Rec. Denial Funding Source: [ ] Continued to: N/A Bahareh Keshavarz, AICP Advertised: Attachments: Date: [ ] Operating • Resolution 170, 2003 • Resolution 121, 2002 Gro a ement g Paper: [X] Other N/A • Proposed Interlocal Direc or agreement for Northlake Charles . Wu, AICP [X] Not Required Square East • Map A - subject site Ci �nager: Budget Acct. #: and surrounding area Affected parties: NA Ro d F erris [ ] Notified [X] Not Required Date Prepared: October 28, 2003 Meeting Date: November 20, 2003 Resolution 170, 2003 Page 2 BACKGROUND On August 21, 2002, the City of Palm Beach Gardens and the Town of Lake Park entered into an Interlocal Agreement for the joint development review of a parcel of land located at the southwest corner of Northlake Boulevard and Congress Avenue. Similar to the previously approved agreement, the proposed agreement will provide for the joint development review between the City of Palm Beach Gardens and the Town of Lake Park for a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue. Approximately 8.29 acres (43 %) of the site is within the City of Palm Beach Gardens, and 10.83 acres (57 %) of the site is in the Town of Lake Park. The proposed Interlocal Agreement will allow the Town of Lake Park and the City of Palm Beach Gardens to mutually review and approve the development application for the subject parcel called Northlake Square East, which includes a 125,739 square -foot retail building with a 6,100 square -foot garden center. The proposed tenant will be Target. The interlocal agreement has been scheduled for the November 5, 2003 Town of Lake Park Commission meeting. SUMMARY OF INTERLOCAL AGREEMENT The Interlocal Agreement will establish a process for review, permitting, code enforcement, and the provision of public services for the subject parcel. A brief summary of the Interlocal Agreement is provided below: The City of Palm Beach Gardens will be responsible for leading the processing of all development applications with regard to the Site. • Fire and police services for the entire site will be the responsibility of the City of Palm Beach Gardens. • Property taxes for the buildings and other improvements on the Site will be prorated to each municipality based on the percentage of the Site located within the municipality. • Fees will provided to the City through a separate agreement between the City and the parcel owner for payment of fees to the City in lieu of road, fire, and police impact fees. • The City and Town will both collect required application fees and related costs for planning, legal, engineering and other professional services. • The agreement will be terminated if the site is not developed as a unified parcel required joint approvals by both the Town and the City. STAFF RECOMMENDATION Staff recommends approval of Resolution 170, 2003. 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: September 25, 2003 RESOLUTION 170, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE CITY OF PALM BEACH GARDENS FOR THE JOINT DEVELOPMENT REVIEW OF A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens and the Town of Lake Park wish to enter into a contract for joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue; and WHEREAS, the Interlocal Agreement establishes a process for review, permitting, code enforcement, and the provision of public services for the subject parcel, as more particularly described herein; and WHEREAS, the objective of the Interlocal Agreement is consistent with the intent and regulations of the Northlake Boulevard Overlay Zoning District; and WHEREAS, the Growth Management Department has recommended approval of the Interlocal Agreement; and WHEREAS, such agreement has been prepared and is attached hereto. 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 Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for the joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue, as more particularly described below, and hereby authorizes the Mayor and City Clerk to execute the Agreement: LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 3 4 6 7 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: September 25, 2003 Resolution 170, 2003 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01 019'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01019'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF NORTHLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01019'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF A DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80 009'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS 8,764.37 FEET, A CENTRAL ANGLE OF 05 005'48" AND A RADIAL BEARING OF NORTH 81031'35" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 771.63 FFET TO A POINT ON A NON - TANGENT LINE; THENCE NORTH 03 °53'23" EAST ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON - TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8,679.37 FEET, A CENTRAL ANGLE OF 00 050'05" AND A RADIAL BEARING OF NORTH 88 007'17" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND EAST RIGHT -OF -WAY LINE A DISTANCE OF 126.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 01 °02'37" EAST ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12 °21'13" EAST ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE .OF 50.99 FEET; THENCE NORTH 01002'37" EAST ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 281.03 FEET; THENCE NORTH 46 °05'27" EAST A DISTANCE OF 56.61 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF NORTHLAKE BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 026'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 446.12 FEET TO THE POINT OF BEGINNING. SECTION 3. This Resolution shall take effect immediately upon adoption. 2 1 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: September 25, 2003 Resolution 170, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile \Attorney \attorney share \RESOLUTIONS \Reso 170 2003 - interlocal with lake park - northlake.doc 3 - j na Resolution 17 Meeting date: VOTE: AYE NAY MAYOR CASTRO VICE MAYOR BALIUS COMMISSIONER GARRESTON COMMISSIONER LONGTIN COMMISSIONER OTTERSON , 2003 November 20, 2003 ABSENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT ( "Agreement ") is made this day of 2003, by and between CITY OF PALM BEACH GARDENS, a municipal corporation, and TOWN OF LAKE PARK, a municipal corporation. WHEREAS, the owners of portions of a 19.12 -acre (`owners "), more or less, parcel of land generally located on the southeast corner of Congress Avenue and Northlake Boulevard seek to develop the Site ( "Site ") as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the site is within the City of Palm Beach Gardens ( "City ") and 10.83 acres or 57% of the "Site" is within the Town of Lake Park ( "Town "), the legal description of which is more particularly described on Exhibit "A," which is attached hereto and incorporated herein; and WHEREAS, because the Site is planned to be developed by making use of the property located in both the Town and the City, an Interlocal Agreement is in the best interest of all parties; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District ( "NBOZ ") and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting, and code enforcement so as to enable the owner(s) of the Site to develop and utilize the property in accordance with the comprehensive plans and land development regulations of both municipalities; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Florida Statutes, to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and a mutual desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. 1 NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant, and agree as follows: RECITALS. The foregoing recitals are true and correct and express the City's and Town's mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT. (a) City and Town shall each appoint an "Administrator" for the purposes of this Interlocal Agreement to coordinate the administration of the review of applications for applications for development of the Site between the municipalities. (b) It is contemplated that the proposed development of the Site will require a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications for consistency with their respective land development regulations, comprehensive plans, and the regulations of the NBOZ, but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction's municipal code, shall apply. (c) In order to maintain an orderly development review process, the City shall be responsible for leading the processing of all development applications with regard to the Site, in accordance with the City's procedures and the procedures set forth in the NBOZ regulations. The Town and City shall review applications jointly, which shall include the City's DRC process, and the recommendations by both municipalities' Planning and Zoning bodies and the City Council and Town Commission shall occur at joint public meetings to be noticed and scheduled through the Administrators. (d) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding pro -rata calculations as defined herein. (e) Prior to the Planning and Zoning public hearing, the parcel owner shall submit an agreement acceptable to the City to provide for payment of fees to the City in lieu of road, fire, and police impact fees. (f) Property taxes for the buildings and other improvements on the Site shall be prorated to each municipality based on percentage of the Site located within the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County Tax Collector. 2 (g) Service provision shall be as described below: (1) The Town and City shall both collect the required application fees and related costs for planning, legal, engineering, and other professional services. The municipality in which the structure is located shall collect the required building permit fees and occupational license fees. Site development permits for the entire site shall be reviewed and approved by both municipalities and issued by each municipality for the portion of the site located within that municipality. All applications for building and landscaping permits and certificates of occupancy shall be submitted simultaneously to the City and Town for review. The Town shall not issue any such permits or certificates of occupancy until the City has approved such applications and notified the Town in writing. (h) A single plat for the Site shall be approved by both municipalities. The owner shall be required to provide a Unity of Control acceptable to the City and Town for the affected property should it ever be subdivided into separate tracts under different ownership. (i) All future development applications, including amendments to the development order for the Site, shall require joint review and approval by the municipalities, consistent with the above- described process. 3. FIRE AND POLICE PROTECTION AND CODE ENFORCEMENT. The parties agree that it is in the best interest of both municipalities that fire and police protection and code enforcement for the entire site be the responsibility of the City. The parties agree to enter into a separate Interlocal Agreement to establish the specific terms and conditions under which fire and police protection and code enforcement will be provided by the City. 4. NORTHLAKE BOULEVARD OVERLAY DISTRICT. The Town and City hereby acknowledge that each municipality has a common goal regarding development review and procedures on Northlake Boulevard, and each has adopted the procedures and requirements of the NBOZ. The municipal boundaries for each municipality shall be designated on the approved Site Plan. Jurisdiction for the enforcement of applicable code requirements shall be based upon the physical /geographical location of any alleged violation and the municipality in which the alleged violation is located shall have code enforcement jurisdiction. In the event that an alleged violation exists in both municipalities and /or a violation of one or more conditions of approval of the approved Site Plan or plat exists, both municipalities shall have concurrent jurisdiction for purposes of code enforcement. 5. MODIFICATION OF AGREEMENT. This Agreement may be modified only upon majority vote of the governing body in each municipality. 6. DURATION. This Agreement shall be terminated if the site is not developed as a unified parcel requiring joint approvals by both the Town and City. This Agreement shall remain in effect as long as a unified development exists on the site, but may be terminated or amended in writing by both parties with adequate notice to the property owner of record. 7. RECORDATION IN PUBLIC RECORDS. This Agreement shall be filed in the Public Records of Palm Beach County. 8. LEGISLATIVE POWER. This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the Administrator. 9. GOVERNING LAW. This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 10. COUNTERPARTS. This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 11. EFFECTIVE DATE. This Agreement shall be effective upon full execution by the City and Town. (The remainder of this page left intentionally blank) 2 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Tatum, City Attorney EXECUTED BY THE TOWN this ATTEST: : TOWN CLERK Print Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: TOWN ATTORNEY Eric Jablin, Mayor day of , 2003. TOWN OF LAKE PARK, FLORIDA M Print Name Print Name \ \pbgsfile\ Attorney \attorney_share\AGREEMENTS \target changes clean.rtf 5 1/' •C INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT ( "Agreement ") is made this day of , 2003, by and between CITY OF PALM BEACH GARDENS, a municipal corporation, and TOWN OF LAKE PARK, a municipal corporation. WHEREAS, the owners of portions of .a 19.12 -acre ( "owners "), more or less, parcel of land generally located on the southeast corner of Congress Avenue and Northlake Boulevard seek to develop the Site ( "Site ") as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the site is within the City of Palm Beach Gardens ( "City ") and 10.83 acres or 57% of the "Site" is within the Town of Lake Park ( "Town "), the legal description of which is more particularly described on Exhibit "A," which is attached hereto and incorporated herein; and WHEREAS, because the Site is planned to be developed by making use of the property located in both the Town and the City, an Interlocal Agreement is in the best interest'of all parties; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District ( "NBOZ ") and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting, and code enforcement so as to enable the owner(s) of the Site to develop and utilize the property in accordance with the comprehensive plans and land development regulations of both municipalities; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Florida Statutes, to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and a mutual desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. 1 NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant, and agree as follows: 1. RECITALS. The foregoing recitals are true and correct and express the City's and Town's mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT. (a) City and Town shall each appoint an "Administrator" for the purposes of this Interlocal Agreement to coordinate the administration of the review of applications for applications for development of the Site between the municipalities. (b) It is contemplated that the proposed development of the Site will require a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications for consistency with their respective land development regulations, comprehensive plans, and the regulations of the NBOZ, but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction's municipal code, shall apply. (c) In order to maintain an orderly development review process, the City shall be responsible for leading the processing of all development applications with regard to the Site, in accordance with the City's procedures and the procedures set forth in the NBOZ regulations. The Town and City shall review applications jointly, which shall include the City's DRC process, and the recommendations by both municipalities' Planning and Zoning bodies and the City Council and Town Commission shall occur at joint public meetings to be noticed and scheduled through the Administrators. (d) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding pro -rata calculations as defined herein. (e) Prior to the Planning and Zoning public hearing, the parcel owner shall submit an agreement acceptable to the City to provide for payment of fees to the City in lieu of road, fire, and police impact fees. (f) Property taxes for the buildings and other improvements on the Site shall be prorated to each municipality based on percentage of the Site located within the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County Tax Collector. 2 (g) Service provision shall be as described below: (1) The Town and City shall both collect the required application fees and related costs for planning, legal, engineering, and other professional services. The municipality in which the structure is located shall collect the required building permit fees and occupational license fees. Site development permits for the entire site shall be reviewed and approved by both municipalities and issued by each municipality for the portion of the site located within that municipality. All applications for building and landscaping permits and certificates of occupancy shall be submitted simultaneously to the City and Town for review. The Town shall not issue any such permits or certificates of occupancy until the City has approved such applications and notified the Town in writing. (h) A single plat for the Site shall be approved by both municipalities. The owner shall be required to provide a Unity of Control acceptable to the City and Town for the affected property should it ever be subdivided into separate tracts under different ownership. (i) All future development applications, including amendments to the development order for the Site, shall require joint review and approval by the municipalities, consistent with the above - described process. 3. FIRE AND POLICE PROTECTION AND CODE ENFORCEMENT. The parties agree that it is in the best interest of both municipalities that fire and police protection and code enforcement for the entire site be the responsibility of the City. The parties agree to enter into a separate Interlocal Agreement to establish the specific terms and conditions under which fire and police protection and code enforcement will be provided by the City. 4. NORTHLAKE BOULEVARD OVERLAY DISTRICT. The Town and City hereby acknowledge that each municipality has a common goal regarding development review and procedures on Northlake Boulevard, and each has adopted the procedures and requirements of the NBOZ. The municipal boundaries for each municipality shall be designated on the approved Site Plan. Jurisdiction for the enforcement of applicable code requirements shall be based upon the physical /geographical location of any alleged violation and the municipality in which the alleged violation is located shall have code enforcement jurisdiction. In the event that an alleged violation exists in both municipalities and /or a violation of one or more conditions of approval of the approved Site Plan or plat exists, both municipalities shall have concurrent jurisdiction for purposes of code enforcement. 5. MODIFICATION OF AGREEMENT. This Agreement may be modified only upon majority vote of the governing body in each municipality. 6. DURATION. This Agreement shall be terminated if the site is not developed as a unified parcel requiring joint approvals by both the Town and City. This Agreement shall remain in effect as long as a unified development exists .on the site, but may be terminated or amended in writing by both parties with adequate notice to the property owner of record. 7. RECORDATION IN PUBLIC RECORDS. This Agreement shall be filed in the Public Records of Palm Beach County. 8. LEGISLATIVE POWER. This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the Administrator. 9. GOVERNING LAW. This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 10. COUNTERPARTS. This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 11. EFFECTIVE DATE. This Agreement shall be effective upon full execution by the City and Town. (The remainder of this page left intentionally blank) 19 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: My Patricia Snider, City Clerk CW APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Al - ristine P. Tatum, City Attorney EXECUTED BY THE TOWN this ATTEST: Am TOWN CLERK Print Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY: :YA TOWN ATTORNEY Eric Jablin, Mayor day of , 2003. TOWN OF LAKE PARK, FLORIDA BY: MAYOR Print Name Print Name \ \pbgsfile\ Attorney \attorney_share\AGREEMENTS \target changes clean.rtf 5 I 0 r -:, area gFR � ��� t I ' Ir y (r:�. FRO His I Ia t� w I I I ,r — 1P. T y, r 0 too Jh I I m' ��.� I . ?, X348 •! €8 g °� U „ I Ifni Oily f ------ - - - - -- d Z 100 3H xon4i K _owve �hl I I I�I I yam � @ N s YA I e ® ® ®� B � i �85�si B�a�S�€ �.iush�#9E�QI?E0ultE�6��'�edzyt � g P s V SIA k w'a w � < w w < 0 ~O JQ - � I I Z' I m IR JI I I s I II � d— I R F ygyg �� r umireo�urum — n Hul a g � � p ICY-- ° 7 y (r:�. FRO His I Ia t� w I I I ,r — 1P. T y, r 0 too Jh I I m' ��.� I . ?, X348 •! €8 g °� U „ I Ifni Oily f ------ - - - - -- d Z 100 3H xon4i K _owve �hl I I I�I I yam � @ N s YA I e ® ® ®� B � i �85�si B�a�S�€ �.iush�#9E�QI?E0ultE�6��'�edzyt � g P s V SIA k w'a w � < w w < 0 ~O JQ - � I I Z' I m IR JI I I s I II � d— I R F ygyg �� r umireo�urum — n Hul a , I . � i , , , ! < || � ( � ] CITY OF _ mm __ — - -MUNIUPAL as g1W _OF_ _ « \,A . , � ■§ . � / l ------------------- �39V a33S | � � � ■ | !, || A� � & ■ | |� |���| | | |�| b ' � | |�,■ &��&�� | | | | | � q | � � �■ / ■�■ �| �� � A |� � \ 1 � f � � G a([ _ L-M. .�« | ƒ %� — /�`��| ƒ ; §§§ } § \§,[ k \� §� \z� \ 20 , 6 2 Z �B �LU ■ § > ■ RESOLUTION 121, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT FOR JOINT DEVELOPMENT REVIEW WITH THE TOWN OF LAKE PARK REGARDING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE BLVD. AND CONGRESS AVENUE, AS MORE PARCTICULARY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Interlocal Agreement establishes a process for review, permitting, code enforcement, and the provision of public services for the subject parcel, as more particularly described in Exhibits "A" and "B" attached hereto; and WHEREAS, the Growth Management Department and the City Attorney have reviewed the Interlocal Agreement and determined that its objectives are consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the objective of the Interlocal Agreement is consistent with the intent and regulations of the Northlake Boulevard Overlay Zoning District; and WHEREAS, the Growth Management Department has recommended approval of the Interlocal Agreement. 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 adopts an Interlocal Agreement with the Town of Lake Park to establish a joint review process for review, permitting, code enforcement, and the provision of public services for the subject parcel, more particularly described in Exhibits "A" attached hereto and incorporated herein, the City Council further authorizes the Mayor and City Clerk to execute said Agreement, attached hereto as Exhibit "B" and incorporated herein. Section 2. If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 3. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Meeting Date: August 1, 2002 Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF �� 2002. ATTESTED - BY:.. - PATRIGIA SNI.DER,;CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G: Tala1MISC- 02- 06 -reso APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEN RUBIN, CITY ATTORNEY AYE NAY ABSENT r i 2 "Exhihit All DESCRIPTION & SKETCH PREPARED FOR: CONGRESS PLAZA WEST, JOINT VENTURE LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE- QUARTER (NE 114) OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS-FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 88 °26'21 "WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER (NE 114) OF SAID SECTION 19, A DISTANCE OF 1101.61 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C -17 CANAL, A 340 FOOT RIGHT -OF -WAY, AS't RECORDED IN DEED BOOK 1164, PAGE 572, AND DEED BOOK 1089, PAGE 390, OF THE PUBLIC RECORDS OF PALMIBEACH COUNTY, FLORIDA; THENCE SOUTH 01 °31'19" WEST, DEPARTING SAID. NORTH LINE AND ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 75.00 FEET TO A.POINT IN THE SOUTH LINE OF THAT CERTAIN 75.00 FOOT RIGHT -OF -WAY FOR NORTHLAKE BOULEVARD AS RECORDED IN DEED BOOK 9.51", PAGE 194, AND DEED BOOK 916, PAGE 453, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 °26'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88 026'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 396.10 FEET TO THE WEST LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43 °42'15" EAST DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET; THENCE SOUTH 01 002'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 00 °50'05 ", A DISTANCE OF 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °20'19" WEST ALONG SAID WEST LINE A DISTANCE OF 153.72 FEET; THENCE NORTH 88 026'21" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 638.51 FEET TO A POINT ON A LINE 2.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL; THENCE NORTH 19 °22'14" EAST ALONG A LINE PARALLEL WITH, AND 2.00' EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 588.27 FEET; THENCE 01 °31'19 EAST, CONTINUING ALONG SAID PARALLEL LINE A DISTANCE OF 146.92 FEET TO A POINT 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH RIGHT OF WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE SOUTH 88 026'21" EAST, ALONG A LINE PARALLEL WITH, AND 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH RIGHT -OF -WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 18.00 FEET TO A POINT ON A LINE 20.00 EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE C -17 CANAL; THENCE NORTH 01 °31'19" EAST ALONG A LINE PARALLEL WITH AND 20.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. LEGEND: 5. DATE OF LEGAL DESCRIPTION: JUNE 25, 2002 LB = LICENSE BUSINESS LIDBERG LAND SURVEYING, INC. DAVID C. LIDBERG PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 3613 LIDBERG LAND SURVEYING, INC. LB 4431 675 !last Indlantown Road, Suite 200, ✓uptt&r. Florida 33458 TSL 581- 746 -8454 LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ROW = RIGHT -OF -WAY UE = UTILITY EASEMENT CAD K:IAUTOCAD2000 1194243102- 0951DWG10942303A.DWG REF K:IAUTOCADI FLD FB. PG. JOB 02- 095 -303A, S.F.B. DATE CKD D.C.L. I SHEET 1 OF 2 I DWG K: IAU/ UCJ AUZUUU17 H474:f1UZ- UHoiawgiUJDZ3U.iA.awg U01;ed1ZUUZ UZ:Z4 :411-'MtUl 06127102 A02 -095A "Exhibit B" City 0! P.R. Gardens IUj `j6 200'2 July 1, 2002 MAMAGEMENT DEPARTMENT S. AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT (Agreement) is made this -Z day of -&4�,Ov_sy, 2002, by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter "City ") and TOWN OF LAKE PARK, a municipal corporation (hereinafter "Town "). WHEREAS, the owners of portions of a 8.80 acres, more or less parcel of land generally located on the southwest corner of Congress Avenue and Northlake Boulevard seek to develop the Site ( "Site ") as a unified project; and WHEREAS, approximately 5 acres or 57% of the site is within the City of Palm Beach Gardens and 3.71 acres or 43% of the• "Site" is within the Town of Lake Park, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting and code enforcement so as to enable the owner(s) of the Site to utilize the property in accordance with zoning and enforcement procedures that are consistent in each municipality; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Part I, chapter 163, Florida Statutes to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and the desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. \\ Udt_ serveAVOL1 \COMMONUobs\Parce134.01 Wldeva9ML070102R.wpd LC65 Page l' of 5 "Exhibit B" NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant and agree as follows: 1. RECITALS: The foregoing recitals are true and correct and express the City's and Town's mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT: (a) City and Town shall each appoint an "Administrator," for the purposes of this Interlocal Agreement to coordinate the administration between the municipalities. (b) The City's Growth Management Director and the Town's Community Development Director are hereby required to meet with the Administrators to review applications for zoning, permits, site plans and building plans in order to facilitate such applications, all of which shall be processed pursuant to the City's applications procedures, but jointly with the Town on a set schedule mutually established by the Administrators. (c) It is contemplated that the proposed development on the Site will be treated as a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications against their respective land development regulations and the regulations of the proposed Northlake Boulevard Overlay Zoning District (NBOZ), but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction's municipal code, shall apply. (d) In order to maintain an orderly development review process, the City shall be solely responsible for leading the processing of all development applications with regard to the Site, in accordance with the City's procedures and the procedures set forth in the proposed Northlake Boulevard Overlay Zoning District regulations. The Town and City shall review applications jointly and the recommendations by both municipal Planning and Zoning bodies, first and second readings of ordinances, public hearings and final action by the City Council and Town Commission shall occur at joint meetings to be scheduled through the Administrators. (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. \ \Uds servei\VOLI\ COMMONV obs \Parce134.01VMevagmt.070102Rwpd LCC35 Page 2 of 5 "Exhibit B" (f) Municipal impact fees shall be paid based on the actual building square footage located within the municipality and the applicable fee schedule. The general development application fee shall be paid in full to each municipality, as required. (g) Property taxes for the buildings and other improvement shall be prorated to each municipality based on percentage of site located with in the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County tax collector. (h) Police protection, fire protection, building permits and fees, building inspections, Certificates of Occupancy, and occupational licenses shall be under the direction of the jurisdiction with the largest percentage of each structure or improvement requiring inspection located in its jurisdiction, unless otherwise provided for in the final development order. The City shall inspect ALL Site work including parking and landscaping areas, with the exception foundation plantings, for final certificate of occupancy. (i) All property of the subject Site shall be required to provide Unity of Control for the affected property. A single plat for the Site shall be approved by both governing bodies. 0) All future development applications including amendments to the development order and/or redevelopment plans for the site shall require joint review and approval by the governing bodies of each municipalities. Such review and approval shall be conducted consistent with the above described process unless otherwise agreed to by the owner of the site and each governing body of each municipality. 3. NORTHLAKE BOULEVARD OVERLAY DISTRICT The Town and City hereby acknowledge that each municipality has been working toward a common goal regarding development review and procedures on Northlake Boulevard and each has adopted or anticipates adopting the procedures and requirements of the Northlake Boulevard Overlay Zoning District. In an effort to provide consistent and fair code enforcement by each municipality, the code enforcement officers of each municipality shall coordinate their activities to ensure consistent enforcement throughout the Site. 4. MODIFICATION OF AGREEMENT This Agreement may be modified only upon majority vote of the governing body in each municipality. 5. DURATION This Agreement shall remain in effect unless amended in writing by both parties with adequate notice to the property owner of record. \ \Ud�_ server\VOLI \COMMONVobs\Parcel 34.01 WWevagmt070102Rwpd LCC35 Page 3 of 5 "Exhibit B" 6. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded in the Public Records of Palm Beach County and in the records of City and Town. 7. LEGISLATIVE POWER This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the administrator. 8. GOVERNING LAW This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 9. COUNTERPARTS This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 10. EFFECTIVE DATE This Agreement shall be effective upon full execution by City and Town. -IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this /s'rday of »vevJ: , 2002. ATTEST: CITY-rLERK . '0;�, CIT BEACH GARDENS APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY \ \Uds server \VOLT \COMMONUobs\Parce134.01 Wkievagmt.070102Kwpd LCC35 Page 4 of 5 "Exhibit B" EXECUTED BY THE TOWN this day of , 2002. ATTEST: TOWN OF LAKE PARK TOWN CLERK MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: TOWN ATTORNEY Wds_server\VOLMOMMOTNobsTarcel 34.01 W\devagmt070lR&vipd LCC35 Page 5 of 5 July 1, 2002 REVISED AUGUST 1, 2002 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT (Agreement) is made this 2,�!day of x,,2002, by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter "City ") and TOWN OF LAKE PARK, a municipal corporation (hereinafter "Town "). WHEREAS, the owners of portions of a 8.80 acres, more or less parcel of land generally located on the southwest corner of Congress Avenue and Northlake Boulevard seek to develop the Site ( "Site ") as a unified project; and WHEREAS, approximately 5 acres or 57% of the site is within the City of Palm Beach Gardens and 3.71 acres or 43% of the "Site" is within the Town of Lake Park, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town to implement the Northlake Boulevard Overlay Zoning District and to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting and code enforcement so as to enable the owner(s) of the Site to utilize the property in accordance with zoning and enforcement procedures that are consistent in each municipality; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Part I, chapter 163, Florida Statutes to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and in support of the efforts of the Northlake Boulevard Corridor Task Force and the desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. \ \Uds servcr\ VOLI\ COMMOWobs\ Parce134 .01W\dcvagmt.080102R.vryd LCC35 Page 1 of 5 NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant and agree as follows: 1. RECITALS: The foregoing recitals are true and correct and express the City's and Town's mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT: (a) City and Town shall each appoint an "Administrator," for the purposes of this Interlocal Agreement to coordinate the administration between the municipalities. (b) The City's Growth Management Director and the Town's Community Development Director are hereby required to meet with the Administrators to review applications for zoning, permits, site plans and building plans in order to facilitate such applications, all of which shall be processed pursuant to the City's applications procedures, but jointly with the Town on a set schedule mutually established by the Administrators. (c) It is contemplated that the proposed development on the Site will be treated as a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications against their respective land development regulations and the regulations of the proposed Northlake Boulevard Overlay Zoning District (NBOZ), but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. In case of conflict with other municipal code provisions, the provisions of the NBOZ for waivers or variances, as permitted under each jurisdiction's municipal code., shall apply. (d) In order to maintain an orderly development review process, the City shall be solely responsible for leading the processing of all development applications with regard to the Site, in accordance with the City's procedures and the procedures set forth in the proposed Northlake Boulevard Overlay Zoning District regulations. The Town and City shall review applications jointly and the recommendations by both municipal Planning and Zoning bodies, first and second readings of ordinances, public. hearings and final action by the City Council and Town Commission shall occur at joint meetings to be scheduled through the Administrators. (e) This Agreement shall apply to any expansion or contraction area of the Site which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding prorata calculations as defined herein. The legal description of the Site shall be depicted by the approved plat. \ \Uds _server \VOL1 \COMMONVobs\Parcel 34.01 W\devsgmt.080102R.wpd LCC35 Page 2 of (f) Municipal impact fees shall be paid based on the actual building square footage located within the municipality and the applicable fee schedule. The general development application fee shall be paid in full to each municipality, as required. (g) Property taxes for the buildings and other improvement shall be prorated to each municipality based on percentage of site located with in the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County tax collector. (h) Police protection, fire protection, building permits and fees, building inspections, Certificates of Occupancy, and occupational licenses shall be under the direction of the jurisdiction with the largest percentage of each structure or improvement requiring inspection located in its jurisdiction, unless otherwise provided for in the final development order. The City shall inspect ALL Site work including parking and landscaping areas, with the exception foundation plantings, for final certificate of occupancy. (i) All property of the subject Site shall be required to provide Unity of Control for the affected property. A single plat for the Site shall be approved by both governing bodies. 0) All future development applications including amendments to the development order and/or redevelopment plans for the site shall require joint review and approval by the governing bodies of each municipalities. Such review and approval shall be conducted consistent with the above described process unless otherwise agreed to by the owner of the site and each governing body of each municipality. 3. NORTHLAKE BOULEVARD OVERLAY DISTRICT The Town and City hereby acknowledge that each municipality has been working toward a common goal regarding development review and procedures on Northlake Boulevard and each has adopted or anticipates adopting the procedures and requirements of the Northlake Boulevard Overlay Zoning District. In an effort to provide consistent and fair code enforcement by each municipality, the code enforcement officers of each municipality shall coordinate their activities to ensure consistent enforcement throughout the Site. 4. MODIFICATION OF AGREEMENT This Agreement may be modified only upon majority vote of the governing body in each municipality. 5. DURATION This Agreement shall remain in effect unless amended in writing by both parties with adequate notice to the property owner of record. Wds serveAVOL1\COMMONVobsTarcel 34.01 W\devagmt.080102R.wpd LCC3s Page 3 of 5 6. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded in the Public Records of Palm Beach County and in the records of City and Town. 7. LEGISLATIVE POWER This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the administrator. 8. GOVERNING LAW This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 9. COUNTERPARTS This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 10. EFFECTIVE DATE This Agreement shall be effective upon full execution by City and Town. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this / f, day. of �ycvsT , 2002. ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY \ \Uds server\V0L1\ C0MM0NV obs \Parce134.01W\dcvagmt.08010Mwpd LCC35 Page 4 of .•� EXECUTED BY THE TOWN this `0 i �r- day Of u C 51- , 2002. TOWN OF LAKE PARK MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Gs • • - .yaw \ \Uds server\ VOL1\ CONWOWobs\ Parce13A .01V✓\devagmt.080102R.wpd LCC35 Page 5 of 5 DESCRIPTION & SKETCH EXHIBIT A PREPARED FOR: CONGRESS PLAZA WEST, JOINT VENTURE LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 88 °26'21 "WEST, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER (NE 114) OF SAID SECTION 19, A DISTANCE OF 1101,61 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C -17 CANAL, A 340 FOOT RIGHT -OF -WAY, AS'tt RECORDED IN DEED BOOK 1164, PAGE 572, AND DEED BOOK 1089, PAGE 390, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01 °31'19" WEST, DEPARTING SAID. NORTH LINE AND ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 75,00 FEET TO A POINT IN THE SOUTH LINE OF THAT CERTAIN 75.00 FOOT RIGHT -OF -WAY FOR NORTHLAKE BOULEVARD AS RECORDED IN DEED BOOK 951, PAGE 194, AND DEED BOOK 916, PAGE 453, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 026'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 20,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88 °26'21" EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE A DISTANCE OF 396.10 FEET TO THE WEST LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 10739, AT PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 43 °42'15" EAST DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 56.31 FEET, THENCE SOUTH 01 °02'16" WEST, ALONG SAID WEST LINE, A DISTANCE OF 414.41 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8529.37 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 00 °50'05 ", A DISTANCE OF 124.26 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °20'19" WEST ALONG SAID WEST LINE A DISTANCE OF 153;72 FEET; THENCE NORTH 88 °26'21" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 638.51 FEET TO A POINT ON A LINE 2.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL; THENCE NORTH 19 022'14" EAST ALONG A LINE PARALLEL WITH, AND 2.00' EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 588.27 FEET; THENCE 01 °31'19" EAST, CONTINUING ALONG SAID PARALLEL LINE A DISTANCE OF 146.92 FEET TO A POINT 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH RIGHT OF WAY LINE OF SAID NORTHLAKE BOULEVARD; THENCE SOUTH 88 026'21" EAST, ALONG A LINE PARALLEL WITH, AND 25.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH RIGHT -OF -WAY OF NORTHLAKE BOULEVARD A DISTANCE OF 18.00 FEET TO A POINT ON A LINE 20.00 EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE C -17 CANAL; THENCE NORTH 01 031'19" EAST ALONG A LINE PARALLEL WITH AND 20.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID EAST LINE OF THE C -17 CANAL A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. LEGEND: 5. DATE OF LEGAL DESCRIPTION: JUNE 25, 2002 LB = LICENSE BUSINESS LIDBERG LAND SURVEYING, INC. LS = LICENSE SURVEYOR ORB = OFFICIAL RECORD BOOK PS = PLAT BOOK POB = POINT OF BEGINNING DAVID C. LIDBERG POC =POINT OF COMMENCEMENT PROFESSIONAL SURVEYOR AND MAPPER ROW =RIGHT-OF-WAY FLORIDA CERTIFICATE No. 3613 UE = UTILITY EASEMENT CAD K: IAUTOCAD20001194243102- 0951DWG10942303A.DWG UDBERG LAND REF K:IAUTOCADI FLD FB. PG, JOB 02- 095 -303A SURVEYING, INC. OFF DATE S.F.B. 06127102 LB 4431 676 )last Ind{antown RD" Suite 200, Jupttar, Florida 33456 rat. 661- 746 -8464 CKD D.C.L. SHEET 1 OF 2 DWG A02 -095A K: L4UTOCA020001194243102- 0951dwg10952303A.dwg 0612812002 02:24 :43 PM EDT DESCRIPTION & SKETCH PREPARED FOR: CONGRESS PLAZA WEST, JOINT VENTURE NORTH QUARTER CORNER SECTION 19, TOWNSHIP 42 SOUTH, P.O.C. RANGE 43 EAST,PALM N$$ °26'21 "W NORTHEAST CORNER BEACH COUNTY, FLORIDA (BEARING BASE SECTION 19, TOWNSHIP 42 SOUTH, 2EARI 'TOTAL) RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA S88°26'21"E .— NORTHLAKE BOULEVARD 78 _ _ _ 1553.01.' _ N 88 026'21" W -"' -;� 1101,61' —1e 17 19 75' RIGHT- OF•WAY DB 915, PG 194 S 01 °31'19" ^ ^P.0 B; S88-26'2 ��� — — 1a. zo DB 916 PG 453 , 1 5.00' 1 96' E IT� S 88 °26'21" E -MI 344.24' I 20.00' SEE �L21_ 51.86' I 340.00' \ETAIL' o C T � S43042'1 5"E ac 0 0 u I F, 4 �4�a Q ltO V�2 Z' co ti Q V�oo� 00 SEE' DETAIL'S' 'l 2.00' 56.31' ^N iy CITY OF PALM Iw BEACH GARDENS �h 218,623 SQ. FEET ? OR 5.02 ACRES IZ h ' w i Q u- — o N88 °26'21 "W L k, , ,_200.00' I ix C> C7 d I N Nlu TOWN OF C'4 'q, dal C=) c LAKE PARK r 164,792 SQ. FEET 0 -j `. OR 3.78 ACRES 830.00' N88026'21 "W 185 8 ' „'2.00 0 -<; 7 � DETAIL ,B' N88 026'21 "W i i / _ 6 _ 638.51' 1 LINE TABLE 1 -20 ^N iy N01 °31'19 'E OY� ��� �h . ? Zoo, N88 °26'21 "W w i Q u- — o 638.51' N88 026'21 "W i i / _ 6 _ 638.51' 1 LINE TABLE w w L1 N01 °31'19 'E 146.92' L2 S88 °26'21 "E 18.00' L3 N01 031'19 "E 25.00' 7.00' SEE DETAIL 'A' DETAIL 'A' w w 1" = 20' MUNICIPAL LINE %or =— (TYPICAL) c�N N88 °26'21 "W 185.86' w i Q u- — o t wo �I Cn. co w� I ix C> C7 d Zo N88 °26'21 "W 638.51' I TOTAL AREA = 383,415 SQ. FEET, OR 8.80 ACRES \ V CITY OF PALM _ BEACH GARDENS I TOWN OF LAKE PARK I M c',j i I o Lo MUNICIPAL LINE r (TYPICAL) I 0 U) I [N880"W S88 °26'21 "E 26'21 �J 20.00' w 396,10' W ��`�¢ PARCELFOR b>_ P.O.B. LOWES PYLON r o o ti N� SIGN �--� or �v rN OETAIL'C' `o S88 026'21 "E ° 18.00' z — N01 °31'19 "E 146.92' LAND CAD K: AUTOCAD20001194243102 .0951DWG10952303A.DWG LIL2S I D B E R G REF K:IAUTOC= FLD U RV EY[ N G, I N C. OFF S.F.B. LB 4431 89'6 boat Indiantown Road, SuUa 200, JupUvr, 11orida 33468 TSL 661 - 746 -8464 CKD D.C.L. K.• 14UTOCA020001194243102- 0951dwg10952303A.dwg 0612812002 02 :24 :43 PM EDT FB. PG. JOB 02.095 -303A DATE 06/27/02 SHEET 2 OF 2 DWG A02 -095A w w _ = rn %or =— O w Z `O cwt W w _OI w Z p Z" l Z O v <n Or >Q C=) 4 0- o w i Q u- — o t wo �I Cn. co w� I ix Z I C7 d Zo I J0 �/ I 830.00' \ V CITY OF PALM _ BEACH GARDENS I TOWN OF LAKE PARK I M c',j i I o Lo MUNICIPAL LINE r (TYPICAL) I 0 U) I [N880"W S88 °26'21 "E 26'21 �J 20.00' w 396,10' W ��`�¢ PARCELFOR b>_ P.O.B. LOWES PYLON r o o ti N� SIGN �--� or �v rN OETAIL'C' `o S88 026'21 "E ° 18.00' z — N01 °31'19 "E 146.92' LAND CAD K: AUTOCAD20001194243102 .0951DWG10952303A.DWG LIL2S I D B E R G REF K:IAUTOC= FLD U RV EY[ N G, I N C. OFF S.F.B. LB 4431 89'6 boat Indiantown Road, SuUa 200, JupUvr, 11orida 33468 TSL 661 - 746 -8464 CKD D.C.L. K.• 14UTOCA020001194243102- 0951dwg10952303A.dwg 0612812002 02 :24 :43 PM EDT FB. PG. JOB 02.095 -303A DATE 06/27/02 SHEET 2 OF 2 DWG A02 -095A e City of Palm Beach Gardens Joint Council Workshop Agenda Palm Beach Gardens and Lake Park December 2, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 r/Mayor Jablin ✓Vice Mayor Sabatello X Council Member Clark X Council Member Russo Council Member Delgado � Mayor Castro Vice Mayor Balius vteS5 Commissioner Garretson ✓Commissioner Longtin Commissioner Otterson -r City of Palm Beach Gardens Joint Council Workshop Agenda Palm Beach Gardens and Lake Park December 2, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IV. ORDINANCES a. Ordinance 35, 2003 — Northlake Square West Planned Unit Development. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 5 -acre portion an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, from a zoning designation of research and light industrial park (M1) to Planned Unit Development (PUD) overlay with an underlying zoning district of general commercial (CG -1); and providing an effective date. Resolution 176, 2003 is a companion item to Ordinance 35, 2003 and will not require Council action until second reading. b. Resolution 176, 2003 -- Northlake Square West Planned Unit Development. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza West on the 5 -acre portion an 8.80 —acre parcel of land located on the Southwest corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, to allow for a 41,000 square -foot fitness center, a 12,389 square -foot pharmacy with a two -lane drive - through, and a 12,000 square -foot restaurant /retail building with an outdoor seating area; providing for waivers; providing conditions of approval; and providing an effective date. V. ITEMS FOR DISCUSSION: a. Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for Northlake Square East. PURSUANT TO INTERLOCAL AGREEMENT, THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPMENT ORDER AT A JOINT MEETING. VI. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955- 8771(TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.