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HomeMy WebLinkAboutAgenda Council Agenda 120403City of Palm Beach Gardens Council Agenda December 4, 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 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 4, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: Page 6 Police Department — 3rd Quarter Report 2003 VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIIL CONSENT AGENDA: (Page 23) Resolution 222, 2003 — Re- appointments of Beautification and Environmental Board Members. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the re- appointment of two (2) regular members and the appointment of one (1) regular member to the Beautification and Environmental Committee of the City of Palm Beach Gardens; and providing an effective date. b. (Page 31 Resolution 225, 2003 — Seacoast Easement along portion of Plant Drive Park. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a nor - exclusive Easement in favor of Seacoast Utility authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. C. (Page 41) Resolution 226, 2003 — Addendum 1 to agreement with Staffing Connection & Action Labor for School Crossing Guard Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute Addendum I to the agreement with Staffing Connection and Action Labor for School Crossing Guard Services; and providing an effective date. d. (Page 68 Resolution 232, 2003 — Purchase of space saver shelving. A resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of space saver shelving from United Business Systems for additional shelving for the Police evidence room; and providing an effective date. IX. PUBLIC HEARINGS: Part I — Quasi - Judicial a. (Page 75 Resolution 212, 2003 — Downtown at the Gardens SP Amendment A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Site Plan Approval for Downtown At The Gardens located within the Regional Center DRI/PCD, as described more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. b. (Page 176) Resolution 227, 2003 — Evergrene Parcel 2 Amendment A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan approval for Parcels 1, 2, and 7 of the Evergrene Planned Community Development (PCD), specifically amending rear setbacks for lots B 1 through B28 of Parcel 2; providing for a waiver; providing for conditions of approval; and providing an effective date. C. (Page 198) Ordinance 36, 2003 — Evergrene PCD Amendment (2"d reading) — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 43, 2001 and amending two conditions of approval to the Evergrene PCD relating to the timing for construction of the clubhouse parcel; and providing an effective date. d. (Page 237) Resolution 223, 2003 — BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida an extension for the BallenIsles temporary sales center located on the West side of BallenIsles Drive approximately 700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly described herein; and providing an effective date. e. (Page 268) Resolution 213, 2003 — Fairway Office Center Monument Sign Addition. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a monument sign at the Fairway Office Center, located within the PGA National Planed Community Development (PCD) and Development of Regional Impact (DRI); providing for waivers; providing for conditions of approval; and providing an effective date. f. (Page 279) Resolution 224, 2003 — Brio Tuscan Grille — modifications to approved site plan and elevations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the site plan approval for the Brio Tuscan Grille Restaurant within the Gardens Mall located within the Regional Center Development of Regional Impact; providing for an additional condition of approval; and providing an effective date. Part II — Non -Quasi Judicial a. (Page 306) Resolution 130, 2003 — Accepting Lake parcel and Quit Claim Deed for Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim Deed from the Northern Palm Beach County Improvement District for the Lake Parcel at Downtown at the Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim Deed in favor of Downtown at the Gardens, LLC for the Lake Parcel at Downtown at the Gardens; reserving rights for the public to access and use the lake parcel; authorizing the Mayor and City Clerk to execute an operating agreement with Downtown at the Gardens, LLC for use of the public area; and providing an effective date. b. (Page 323) Resolution 215, 2003 - Old Palm Golf Club Easement Abandonment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida abandoning a ten-foot wide Utility Easement as shown on open space tract -2, Old Palm Plat Two, as recorded in Plat Book 98, Pages 139 through 145, inclusive, of the public records of Palm Beach County, Florida; and providing an effective date. X. RESOLUTIONS: XL ORDINANCES: (For Consideration on First Reading) a. (Page 332) Ordinance 37, 2003 — Small Scale Land -Use Amendment for a portion of Parcel 31.04 (1st reading) Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date. b. (Page 365) Ordinance 38, 2003 — Small Scale Land -Use Amendment for a portion of Parcel Parcel 31B (1st reading) Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a small scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31B ", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date. XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: XIIL CITY ATTORNEY REPORT: XIV. 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. 1 1 I City of Palm Beach C Police Department rd Quarter Report 2003 Chief Stephen J. Stepp [7 1 u 1 Statistical Summary r 3rd Quarter — 2003 Crime t ti ti Crime Wportin Deportable crime for the 3rd quarter of the year 2003 is up 70 crimes compared to the 3rd quarter of 2002. Calls for Service are up 30 calls. Residential burglaries are up 22 and business burglaries are up by 2. Auto burglary is up by 1, auto theft is up by 23 and robbery is down by 7. * +* Arrests Statistics There were 256 (2 juveniles, 204 adults) arrests for the 3rd quarter of 2003, compared to 286 juveniles, 201 adults) for the same time period 2002. ***Traffic ie to tistics There were 2,973 traffic stops, with 2,210 citations issued, and 626 accidents reported in the 3rd quarter of 2003. 0 t E L a) CL .. m m E IOL N CO) 00 cc N N IRr M r-- Tr mr CL a cn (a E c 0 0 d c� a� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Palm Beach Gardens Police Department PART I CRIME 3rd Quarter JUL — SEPTEMBER CRIME COMPARISON LASSIFiCATION 21H13 2002 ## OF CHANGE Murder 0 0 0 Forcible Sex Offenses 8 2 +6 -7 -2 Ra 11 18 Aggravated Battery 12 14 Burglary (Residential and Business) 89 65 +24 Larceny {Including Retail ThefV uto Burglary) 323 297 +6 Auto Theft 58 35 +3 Quarter! Quarler!X Totals 50 ! 431 +74 21103 21![12 # Of Change CALLS FOR SERVICE 12803 12773 +30 (}0:3 Part 1 Crime subirct to revision per investigation. Prepared by Uah Wells, Crime Analyst 10/10/03 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CD CD N CL 4) U) .. 1 i 0 4�mo 4R c c t i I yl 1 1 1 1 1 i 1 m E z Co 10 0 Jul - Aug -Sep 3rd Quarter-Burglary Statistics D 2002 32003 Prepared by Leah WON, Crime Analyst 10110/03 4 41 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Palm Beach Gardens Police Department 3rd Quarter — Arrests ,duly - September 2003 Arrest Adult Juvenile 4 Total Forcible Sex Offense 1 0 1 Retail Theft 5 36 81 Aggravated Battery 2 0 Simple Battea 22 1 23 Robbe�a 1 D.U.I. 33 0 0 0 33 Homicide 0 Drugs 35 0 3 4 35 2 0 1 1 4 37 0 4 Laren /All Other Bu r 11 Auto Burglary q Frauds Criminal Mischief 2 4... - 0 1 _.. _...1._. tolern Vehicle 3 1 Arson 1 - Weapons Violations Liquor Law Violations Dealing in Stolen Prop. 1 Miscellaneous 52 19 Totals 204 256 Prepared 6y Leah Weds, Crime Analyst, 10110/03 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 CV O [V [V r�.l cn r�.l 1 I 1 Administrative Operations 3rd Quarter 2003 C'omrnunications: In the third quarter of this year, Communications handled a total of 49,038 calls, both incoming and outgoing. Of those calf, 26,843 were non - emergency calls, 15,711 were outgoing cads. There were 6,544 (911) calls, including 3,977 that came from cellular telephones. Installation of the emergency UPS (uninterrupted power Source) outlets is nearing completion. These outlets will service administrative operations within the department during Florida Power and Light power outages. Records: The beta testing for the VisionAir Paperless product was completed and did not meet our expectations. We are currently in the process of expioring the possibility of changing software vendors for CAD (Computer Aided Dispatch), R S (records Management Systems) and MDT's (Mobile Data Terminals). Crirninal Justice ComraissionlCrinie Ma pping Prtkiect The Criminal Justice C'ormwssjou has expanded its Crimc Mapping Project by initiating the Visual Planning Technologies (VTP) Project to facilitate the implementation of a countywide law enforcement data - sharing network. Its mission is to create and maintain an integrated crime information exchange with accurate, complete and timely data. The VPT Project is grant funded and encompasses all of the law enforcement agencies within Palm Beach County. Technical support for the project is being provided through a partnership with Palm Beach County Information Systems Services, To date, more than thirty (30) agencies are actively involved. Data technology at the law enforcement agency level is advancing in the county with improvements being made on a regular basis. The VPT Project will provide the means to share this information among the agencies, resulting in a higher level of service for our citizens, UNIFORM OPH;RATIONS BUREAU THIRD QUARTER REPORT 22003 During this quarter, we experienced a significant increase in auto thefts and auto burglaries in comparison to the same time period in 2001 We identified Northlake Boulevard, Alternate IA, Holly Drive and PGA ]National as the four areas where that the majority of the auto thefts and auto burglaries were occurring. Personnel from the Special and Uniform Operations Bureaus formed a Rapid response Team and conducted directed patrols in the identified areas. As a result of these efforts, eight offenders were arrested for auto burglaries and one offender for auto theft. Our Traffic Division substantially reduced the traffic congestion problem at Timber Trace Elementary School by changing the traffic light sequence at 117'h Road North and Central Boulevard by utilizing a School Police Officer to direct traffic. This freed up two traffic officers that are now being utilized in other traffic congested areas. Our afternoon shift lieutenant is partnering with Code Enforcement to address the graffiti and deterioration on 4e Terrace. The Traffic Division was awarded the P year of the Aggressive Driving grant, which provides fifty percent of an officer's salary. The Traffic Division was also awarded a D.U.I. grant, which provides a fully equipped trailer with a generator, traffic cones, portable lighting, and arrow board to be utilized during sobriety checkpoints. The Uniform Operations Bureau applied For a grant through the Department of Defense for a thermal imager. The results of this will be forthcoming, The Bureau was also awarded a Universal Hiring grant, which provides for five officers to assist with homeland security. The following is a summary of the activities and accomplishment.-, within the Uniform Operations Bureau: Arrests: A total of 256 people were arrested during this quarter. As illustrated below, the majority of the persons arrested are non - residents and adults. 1 250 ❑ F- elony charges 200 ❑ MiSdemeangr Charges 150 204 ❑ nui ❑ Adults 100 ■ Juvenllts _% 96 7 e Residents 33 ■ Nor, Fle$IdantS P 1 1 1 1 1 1 1 1 1 1 1 1 Traffic Enforcement- 3, 2, 1, ■Traffic Stops RGitalions OCrashes f]Commercial Vehicle Enforcement ■Aggressive DrhAng Enforcement ■Seat Elelt/Child flestrainks K -9 Usage: Our Police -9 Unit was used 39 ttmcs during this period_ The following graph illustrates the types of usages and the community invoIvernent functions thcy participated. in- D Area Searches 0Bulltling SegIrones ■ MorvoticlExplosive Searches ■ Demonstratons - Off- Duty Activity: The following gxaph illustrates the off -duty activity of officers with aggigned vehicles. The data reflects a total of 30 incidents handled duri ng off -duty hours: EJ DiSaWed Motorist ET raffle Crashes E3 Traffic Stops DAssist Other Officers 1 k 1 1 SPECIAL OPERATIONS Third Quarter 2003 The Special Operations Bureau accomplished the fallowing during this quarter: Detective Division: The Detective Division surpassed their goal of a 35% clearance rate for the fiscal year by achieving a rate of 46.5 %, During the third quarter, this division achieved a clearance rate of 49.5% of oases assigned, The following is a summary of the third quarter statistics: Detectives conducted: • North County Sexual Predator Sweep: This was a joint effort with PESO and other state and local departments. 163 sexual predators contacted 16 found to be in violation (none in Palm Beach Gardens) Alcohoffobacco sweep of local businesses, checking for state statute violations pertaining to underage purchases. All 16 stares checked were in compliance. a Cases Assigned 109 Cases Cleared 64 (includes long term cases) Exceptionally Cleared 15 July 4 August 7 September 5 Unfounded ,duly 3 August 3 September Arrests 1 Arrest Warrants filed 16 Evidence: New uses 476 New Items into Evidence 1134 Disposed uses Disposed Items 191 352 Detectives conducted: • North County Sexual Predator Sweep: This was a joint effort with PESO and other state and local departments. 163 sexual predators contacted 16 found to be in violation (none in Palm Beach Gardens) Alcohoffobacco sweep of local businesses, checking for state statute violations pertaining to underage purchases. All 16 stares checked were in compliance. a In- service training: Child abuse protocol Juvenile sex crime investigations Domestic violence investigations Evidence handling /packaging procedures Crime Scene investigation Education 4 Courses completed by Dotectives /Come Scene Personnel; Forensic Entomology Study of Blood Spatter Advanced Homicide Investigation Training Division= Rapid Response Asp and Defensive Tactics Human Diversity Noteworthy Actions: 0 Completed armory eye wash station project • Implemented scenario -based Simunition roll call training * Released two officers from field training to solo patrol * Completed one 80 hour orientation program for new employees Completed in- service training on the following topics: Defensive Tactics OC Spray First Responder on High Risk Calls Grand Theft Auto Investigations Blood Borne Pathogens Diplomatic Immunity Tactical Rifle Juvenile Sex Crimes Child Abuse Evidence GollectioNPackaging Domestic Violence • Conducted Instruction for NAMAC on; Rapid Response Asp and Defensive Tactics Human Diversity Noteworthy Actions: 0 Completed armory eye wash station project • Implemented scenario -based Simunition roll call training * Released two officers from field training to solo patrol • Continued to facilitate field training of five new officers Volunteers: The total number of volunteer hours for this quarter is: 722.5 July 275 hours August 248 hours September 199,5 hours Reserves -- 490 hours for the quarter Specialized Units: On July 7, 2003 the SWATH NT responded to 3111 Gardens East Drive in reference to a barricaded suicidal subject. After a ten -hour standoff, gas was deplored and a tactical entry was conducted safely resolving the situation. On July 25, 2003 the SWAT /HNT responded to 3528B Gardens East Drive in reference to a barricaded suicidal subject. After approximately one hour, the subject surrendered to negotiators_ S ATTraining- # Conducted joint 1 AT /HNT demonstration for National Night Out Against Crime 0 Attended Special Operations Leadership Association Meeting • Attended Florida Association of Hostage Negotiators Meeting Dire Team: Completed 16 hours of in- service training Professional Standards. + Completed and published Domestic Violence Policy ■ Completed staff inspection regarding citation audit • Completed seven background investigations for new employees IHired 3 new police officers July 29 Hostage Rescue and Vehicle Assaults 4 hours August 11 Low Light Firearms Training 8 hours September 8 Physical Fitness Assessment 4 hours September 25 Scenarios and Familiarization Drills at City Hall 4 hours Hostage Negotiations Team Training 8 hours tJoint Training with West Palm Beach SWATIHNT 8 hours # Conducted joint 1 AT /HNT demonstration for National Night Out Against Crime 0 Attended Special Operations Leadership Association Meeting • Attended Florida Association of Hostage Negotiators Meeting Dire Team: Completed 16 hours of in- service training Professional Standards. + Completed and published Domestic Violence Policy ■ Completed staff inspection regarding citation audit • Completed seven background investigations for new employees IHired 3 new police officers 1 1 Hired 1 records clerk Hired 1 communications operator • Continued to complete GFA fifes for our November Florida Accreditation Current policy revisions underway: 12 Crime Prevention: Crime analysis revealed that Northlake Boulevard corridor has been the locale for 199 Part I crimes during the first nine months of 2003, * This information was disseminated throughout roll call and the Detective Division. + On Northlake, a Random Intensive Traffic Enforcement (RITE) was conducted on Friday, September 12, 2003 with assistance of personnel from Crime Prevention, Road Patrol, Traffic, and PBSO Auto Theft Task Force, as well as the loss prevention personnel frorn Co stco. • Decoy cars are being places in the Northlake corridor area. • WOW Program initiated at Costco, On August 17, 2093, officers of Crime Prevention, Road Patrol, K -9, Traffic, Police Reserves, and the Auto Theft Task Force conducted a three -hour traffic enforcement effort on PGA Blvd. nicknamed "Project Hurricane" for the Sport Compact Hurricane National Drag Racing Event held at h+loroso Motorsports Park. Thirty -one citations were issued for traffic infractions, sixteen for speeding. Speeding tickets ranged from 70 mph to 101 mph, In response to increased auto burglaries, the Crime Prevention Unit and Road Patrol initiated the following; • Plain clothes and high visibility patrols • Directed patrols during the midnight shift • Results. 1 arrest #or auto burglary Reported crime within the supermarkets resulted in an undercover effort by both Crime Prevention personnel and Detective Bureau personnel. The plain - clothes learn included Officer Brown dressing as a shopper while leaving her purse unattended in the cart while Detective Sands watched for a theft. The operation ended without any attempted thefts. Personnel from Crime Prevention, along with Code Enforcement Supervisor Kelvin Wise, conducted convenience store inspections to ensure compliance with 1 1 1 L Florida State Statues. Eight stores were found to be in violation, arc warnings were issued. The follow -up is scheduled for early October Stares found in violation: • Exxon/Mobile Corporation, 7000 Fairway Drive, Shoppes on the Green • Palm Beach Gardens Chevron, 4109 Ncrthlake Boulevard • PA Shell, 4445 PGA Boulevard * PGA Mobil, 4150 RCA Boulevard Sunoco, 2499 PGA Boulevard • Promenade Mobile, 9890 Alt. Al A • Solar Petroleum, 4481 Northlake Boulevard Northla,ke Hess, 9931 N. Military Trail Burglar alarms have exceeded the five thousand mark this year so far with almost all of them being false_ These false alarms pull officers from patrol time. • Officer Julius Barone identified repeat false alarm locations throughout the city. IF Officer Barone has devised a strategy to meet with, and/or inform, these repeat location representatives in an effort to reduce the number of false alarms. A letter has been drafted for these repeat false alarm locations, and is currently awaiting approval before being disseminated. * Follow up will include checks with locations sixty days after being contacted to see if the alarms have been reduced. Neighborhood Watch Program: This program continues to develop with the addition of Officer Jljiius Barone and Volunteer Chris Dias. ■ Contacted Neighborhood Watch Coordinators to update the database and reopen lines of communication. + Now Neighborhood Watch signs are on order to replace the 01dOrr faded signs within participating communities. • Meetings held with POA Managers from PGA National, Sallenlsies, and Frenchman's Creek to maintain lines of communication with the ansite staff and police department personnel. PTED- • Thirteen site plans were reviewed this quarter. DARE: • DARE instruction has begun within the schools. The course has been s g redesigned into a ten -week format, Officer Barone rs scheduled to become a DARE instructor in January 2004, Police Explorers; Three new Explorers have joined the post. Training this quarter included burglary investigation and in- progress calls. Police Athletic League (PAQ: i PAL completed its summer league. • PAL has 15 wrestlers who have been in training for this year's high school season. Donation: Total donations for this quarter: $2,050.75 Youth Court: • Currently there are forty - seven active Youth Court eases. + Eighteen cases have been completed this quarter. Truancy Interdiction Program (TIP): The TIP Center continues to refer at -risk juveniles to intervention programs. During this quarter, thirty -nine juveniles were referred to these programs, 0 Referral programs used by TIP; Department of Juvenile Justice Youth Service Bureau Eagle Academy Attendance Specialist Alternative School Placements i I Ll CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 222, 2003 Subject/Agenda Item: Re- appointment of two (2) members and appointment of one (1) new member to the Beautification and Environment Committee [ X ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney City Clerk Department [ ] Approved Patricia Snider, City Clerk $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ j Other Membership roster Application from Sherry Levy Ordinance 4, 1971 Submitted by: [ x ] Not Required Patricia Snider City Cler Department Director Affected parties [ j Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 222, 2003 BACKGROUND: The Beautification and Environmental Committee consists of nine regular members. The three -year term has expired for three (3) members. Re- appointments will be Bettie Marks and Jeffrey Renault and the resignation of Connie Premuroso created a vacancy to be filled by Sherry Levy. STAFF RECOMMENDATION: Staff recommends that all three members be recognized as regular members. 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: November 21, 2003 RESOLUTION 222, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE REAPOINTMENT OF TWO (2) REGULAR MEMBERS AND THE APPOINTMENT OF ONE (1) NEW MEMBER TO THE BEAUTIFICATION AND ENVIORNMENTAL COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 4, 1971, the City Council established a Beautification and Environmental Board; and WHEREAS, Ordinance 4, 1971 provided for the "Board" to be comprised of nine regular members; and WHEREAS, the three-year terms have expired for three members currently serving on the Beautification and Environmental Advisory Board; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the re- appointment of Bettie Marks and Jeffery Renault and the appointment of Sherry Levy for three-year terms expiring June 16, 2006, as members of the Beautification and Environment Committee. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 21, 2003 Resolution 222, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M 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 G:\attorney_share \RESOLUTIONS \bd appt - b and e - reso 222 2003.doc 2 Date Prepared: November 21, 2003 Resolution 222, 2003 EXHIBIT A Last Name: 141utlagan First Name: Rwiiard 3 Middle Initial: emu. Last Name; i Q Sen „ f! First Name: Wltli,illKZy ,,,u„ Middle Initial r-77 „ .a Address (388,4 ButtercupG rclelorkh „- . -, - -.! Zip 33410 ,.., E Mail _ w„ Home , 561 622 3361 „ Work [ .; .„.* Fax a s Re ular ' Yes Alternate . Appointed..s7f5f20Q1 Re Appoi „ntetl 7 /6 /24t1fi B R„esolution:# i mm� s ...� �? „,.,,• , •• Y 1.Q$ 2001 Expires_ �715f20 Last Named Ftenult , First Name: <. J'effg0yr, ray Middle Initial i �.. Address 1 043kwtao Cr:< .....�� Zip. :33410..,,. .:. E Mail.. ..� „.. -.a M!71-11.111-7 Home I 561v626�8806,,;, Work 5B1 636 -46x3- Fax._,.I 3. Appointed 41 811997; Re- Appointed 611620.0.0 BY Resolution# 17,,,2.00 Expires RI BE Chair: BE Chair Date: BE. Vice Chair: BE Vice Chair Date: r� Members of the Beautification and Environmental Committee 9 Regular Members - 3 Year Term Limits Staff Liason: Mark Hendrickson Council Liason: David Clark E Last Name Wleski First Name. �c(ja� Middle Initial Address: ,',I# Hyacinth G1rGNe South Zip 33 1p...,. E Mail: rz Home 561 6M5 -2370 Work 561, 832 9M92��d,L ., "y4 ;Faxes Regular Yes.,.,,,., Alternate..... Appointed ii n ,9171 99 Re -A pointed > 7J5t20Q B Resolution # gg 1d8 2001,; Ex Tres x7151M004' :,Chair: I 113E Chair Date: 11 IRE Vice Chair: 11 IBE Vice Chair Dater City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: RcJT lF(C 'r I CCU S�F �JV t2U lam[-) RL C��AMl Tf'EE Name: (Print) _ �} EF PEZ� Telephone: Day 6,Q,-4- - Q Home Address: Evening 5 c E- How long have you been a resident of Palm Beach Gardens? t k �lv- s Palm'Beach County? 1 Current Employer: RCC't ke-i'J _ Position: Please. attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) k A- Eli r--U-t c)r,3 A,t- c..._ Educational Background _ 13 . f� _ iPmQ- i MAI LQ O 1 y Est Tq Community Activities (include offices held and committee service) • _ �• 2 �. Signature Date �o� �' O �;L - Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. i40V Z003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 225, 2003 Subject/Agenda Item: Resolution 225, 2003 — Consider approval of an easement in favor of Seacoast Utility Authority for the installation, operation, maintenance and service of water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises, located along the northern portion of Plant Drive Park. [ ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE U� Reviewed by: Originating Dept.:, Costs: $-1.00 Council Action: (Total) City Attorney y y ennifer Milo Approved [ ] pp Special Projects Coord. Community Services $_R_.0_0 [ ]Approved w/ Department Current FY conditions [ ] Denied Finance Director Funding Source: [ ] Continued to: Advertised: Civil Engineer Date: [ ] Operating Attachments: Paper: [ ] Other • Resolution 225, 2003 • Exhibit A: Easement Agreement Submitted by: [ ] Not Required Jack Doughney, Community Serv' e 4 in' Departme ct Affected parties ]_Notified Budget Acct. #: N/A [ ] None Approved by L City Manager [ ] Not required Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 225, 2003 BACKGROUND: Seacoast Utility Authority desires to construct certain water and sewer lines adjacent to their existing 12 foot easement on the north end of Plant Drive Park. The improvements include an 8 -inch raw water line that will service two new raw water wells to be constructed by Seacoast. In order to construct and properly maintain these improvements, Seacoast is requiring the execution of a 6' non - exclusive utility easement running from Lilac Street south approximately 138' to connect to their existing easement. The legal description has been attached for reference. Construction is scheduled to begin in January 2004. STAFF RECOMMENDATION: Approve Resolution 225, 2003 authorizing the execution of an easement in favor of Seacoast Utility Authority for the installation, operation, maintenance and service of water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises, located along the northern portion of Plant Drive Park. 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: November 12, 2003 RESOLUTION 225, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A NON - EXCLUSIVE EASEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY FOR THE INSTALLATION, OPERATION, MAINTENANCE, AND SERVICE OF WATER AND SEWER LINES AND APPURTENANT FACILITIES IN, ON, OVER, UNDER, AND ACROSS THE EASEMENT PREMISES; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has completed construction of improvements to Plant Drive Park; and WHEREAS, Seacoast Utility Authority is requesting the City to execute an Easement for the operation and maintenance of water and sewer improvements along the northerly portion of Plant Drive Park; and WHEREAS, the City Council has deemed that the grant of such Easement in favor of Seacoast Utility Authority and approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves a Non - Exclusive Easement for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises, located along the northern portion of Plant Drive Park, between the City of Palm Beach Gardens and Seacoast Utility Authority, and hereby authorizes the Mayor and City Clerk to execute the Easement on behalf of the City. A copy of said Easement is attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. 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: November 12, 2003 Resolution 225,2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY xw 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 G: \attorney share \RESOLUTIONS \seacoast easement - plant drive - reso 225 2003.doc 2 V� Date Prepared: November 12, 2003 Resolution 225, 2003 EXHIBIT A Easement Deed between The City of Palm Beach Gardens and Seacoast Utility Authority Return To: Bruce Gregg Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, F133410 A/C #1024 J EASEMENT DEED THIS EASEMENT DEED made and entered into this day of , 2003, between The City of Palm Beach Gardens, a Florida Municipal Corporation (hereinafter referred to as "Grantor ") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 and Seacoast Utility Authority (hereinafter referred to as "Grantee ") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. F" WITNESSETH:" That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non exclusive utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name 1 GRANTOR: Eric Jablin, Mayor Attest: Patricia Snider, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2003, by Eric Jablin and Patricia Snider, Mayor and City Clerk respectively of the City of Palm Beach Gardens, who are both personally known to me and who did not take an oath. Notary Signature Print Name Notary Public — State Commission No: My Commission Expires: DocumenMeedSums Rd West WM Lilac Raw WM:102003 LEGAL DESCRIPTION: AN EASEMENT FOR UTILITY PURPOSES, LYING OVER AND ACROSS A PORTION OF THE RECREATION AREA, AS RECORDED IN OFFICIAL RECORDS BOOK 3475, PAGE 1274, AND LYING OVER AND ACROSS A PORTION OF PARCELS 1 AND 2, AS RECORDED IN OFFICIAL RECORDS BOOK 3171, PAGE 1454, ALL IN PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEGIN AT THE NORTHEAST CORNER OF A 12 FOOT SEACOAST UTILITY AUTHORITY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 12691, PAGE 1948, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 °21'30" EAST, ALONG THE SOUTH RIGHT —OF —WAY LINE OF LILAC STREET, AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 6.00 FEET; THENCE SOUTH 01'33'24" WEST, DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 138.01 FEET; THENCE NORTH 88'22'06" WEST, A DISTANCE OF 6.00 FEET TO A POINT ON THE EAST LINE OF SAID 12 FOOT SEACOAST UTILITY AUTHORITY EASEMENT; THENCE NORTH 01'33'24" EAST, ALONG SAID EAST LINE,, A DISTANCE OF 138.01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 828 SQUARE FEET, MORE OR LESS. 2003 LBFH Inc. THIS IS NOT A SURVEY SURVEYOR, ANb "MAPPER'S SIGNATURE PROJECT NAME: 1. UNLESS IT,j'EARS IF SIGNATURE' ,AND ORIGINAL RAISED SEAL OF A FLORIDA SKETCH AND LEGAL DESCRIPTION FOR: LICENSED S,EIROIt �A�JtI ►4A�PEN; THI$ MAP /REPORT 1S FOR INFORMATIONAL PURPOSES'`ANLY,! <NiL� Is�nloTvL�Q„ '- SEACOAST UTILITY AUTHORITY 2. NO Sc RCN O .THE PUBLIC CORDS HAS BEEN MADE BY THIS OFFICE. 6 RAW WATER MAIN EASEMENT BRIAN_;C. KIERNAN;- PROFESSIONAL SURVEYOR & MAPPER STATE _,OF FLORIDA NO` 6101 y r WbePICONSULTING CIVIL ,'ENGINEERS, Scale: N/A REVISIONS: NC. SURVEYORS dc�MAPPERS "Ph7t�mers For Results, Sheet 1 Of 2 Field Book: N/A Page: N/A Field: N/A Value By Design," 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: gK Date FILE N0. Project No. (561) 286 -3883 Fox: (561) 286 -3925 BPR & FBPE License No: 959 www.lbfh.com Checked: HD 03 -04 -03 880280exh -03.dw 9 88 -0280 EXHIBIT "A" Page 1 of 2 LILAC _STREET _ 0 (OFFICIAL RECORDS BOOK 1179, PAGE 254) S88 °21'30 "E 6.00' POINT OF BEGINNING NORTHEAST CORNER 12' SEACOAST UTILITY AUTHORITY SOUTH RIGHT -OF —WAY LINE EASEMENT PER OFFICIAL RECORDS BOOK 12961, PAGE 1948 WEST LINE PARCEL 1 12' SEACOAST UTILITY AUTHORITY EASEMENT (OFFICIAL RECORDS BOOK 12691, PAGE 1948) EAST LINE 12' SEACOAST UTILITY AUTHORITY EASEMENT N01'33'24 "E 138.01' I I P A R C E L 2 I I (OFFICIAL RECORDS BOOK 3171,., PAGE 1454) I 91 S01'33'24 "W 138.01' P A R C E L 1 (OFFICIAL RECORDS BOOK 3171, PAGE 1454 6' I I /N88*22'06"W 6.00' SOUTH LINE I I SOUTH LINE PARCEL 1 PARCEL 2� -- (BEARING BASE) T S88'22'06 "E I INORTH LINE RECREATION AREA a w X w Z o ~ w LEGEND: Q 0 — CENTERLINE w z I I R E C R E A T 1 0 N A R E A -1 f (OFFICIAL RECORDS BOOK 3475, PAGE 1274) Z :D UJ BEARING BASE: \ I THE NORTH LINE OF THE RECREATION AREA, AS \` RECORDED IN OFFICIAL RECORDS BOOK 3475, PAGE 1274, PUBLIC RECORDS OF PALM BEACH J / COUNTY, FLORIDA IS TAKEN TO BEAR SOUTH 88'22'06" EAST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. CONSULTING CIVIL ENGINEERS, Scale: SURVEYORS &MAPPERS THIS IS NOT A SURVEY 1 " =30' SEACOAST UTILITY AUTHORITY 6' RAW WATER MAIN EASEMENT "Partners For Results, Sheet 2 Of 2 Field Book: NSA Page: N/A Field: N/ A INC. Value By Design" 3550 S.W. Corporate Parkway, Palm City, Florido 34990 Computed: BK Date FILE NO. Project No. (561) 286 -3883 Fax: (561) 286 -3925 03 -04 -03 88280exh- 03.dwg 88 -0280 BPR & FBPE License No: 959 www.lbfh.com Checked: HD k\1 Va. n — .. - .. I I I I i i -e =� HIHON a r U A wta G O a 8 O Q.' Z z lu m a a O CQ I M -H. z:� o �.3 y wta G O a 8 O Q.' Z z lu m a a O CQ I M -H. 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2003 Meeting Date: December 4, 2003 Resolution: 226,2003 Subject /Agenda Item: Renewal of the Agreement with Staffing Connection and Action Labor for School Crossing Guard Services Recommendation/Motion: Staff recommends the renewal of the agreement with Staffing Connection and Action Labor to provide school crossing guard services for fiscal year 2003/2004. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $195,000 Council Action: Police (Total) City Attorney [ ] Approved $ 195,000 _ [ ]Approved w/ Current FY conditions [ ] Denied Finance Department Funding Source: [ ] Continued to: Advertised: Date: [ X ] Operating Attachments: Paper: [ ] Other Addendum to the Agreement with Staffing Connection and Action Labor Submitted by: [ X ] Not Required W_51z�l Department Director Affected parties [ ] Notified Budget Acct. #: 01- 1030 - 521.3150 [ ] None Approved by: City an ger [ X ] Not required Date Prepared: November 19, 2003 Meeting Date: December 4, 2003 Resolution: 226,2003 • BACKGROUND: On September 18, 2002, the City Council approved an agreement with Staffing Connection and Action Labor to provide school crossing guard services and reserved the option to renew the agreement for two (2) additional one (1) year terms, subject to appropriation of funding and upon same terms and conditions. There is no change in the hourly rate and all other conditions of the agreement remain unchanged. • STAFF RECOMMENDATION: It is the recommendation of staff that City Council approves this addendum to renew the agreement with Staffing Connection and Action Labor for crossing guard services during fiscal year 2003/2004. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 13, 2003 RESOLUTION 226, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM I TO THE AGREEMENT WITH STAFFING CONNECTION AND ACTION LABOR FOR SCHOOL CROSSING GUARD SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 18, 2002, the City Council approved an agreement with Staffing Connection and Action Labor for school crossing guard services and reserved the option to renew the agreement for two (2) additional one (1) year terms, subject to appropriation of funding, and upon the same terms and conditions; and WHEREAS, Addendum I for school crossing guard services 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 Addendum I to the School Crossing Guard Services Agreement between the City of Palm Beach Gardens and Staffing Connection and Action Labor and hereby authorizes the Mayor and City Clerk to execute Addendum I. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 476 48 PASSED AND ADOPTED this day of ATTEST: Az Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Aw Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COU NCI LM EMBER CLARK COUNCILMEMBERRUSSO COUNCILMEMBER DELGADO Date Prepared: November 13, 2003 Resolution 226, 2003 , 2003. CITY OF PALM BEACH GARDENS, FLORIDA xw Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile\Attorney \attorney share \RESOLUTIONS \reso 226 2003 - addend uml- staffing connection - crossing guards.doc 2 ADDENDUM I TO AGREEMENT THIS ADDENDUM I to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and STAFFING CONNECTION AND ACTION LABOR (CONTRACTOR) this day of , 2003. WHEREAS, on September 18, 2002, the City Council approved the award of contract to CONTRACTOR for school crossing guard services; and WHEREAS, in accordance with section 8 of the Agreement, the CITY reserved the right to renew the contract for two (2) additional one (1) year terms; and WHEREAS, CITY'S Staff has evaluated CONTRACTOR'S performance and finds that CONTRACTOR has consistently provided adequate school crossing guard services; and WHEREAS, both parties hereto desire to renew the term of the Agreement for an additional term commencing October 1, 2003, and ending September 30, 2004, on such terms and conditions as provided herein below. NOW, THEREFORE, CITY and CONTRACTOR mutually agree as follows: 1. The Agreement by and between CITY and CONTRACTOR is hereby renewed for the period October 1, 2003, through September 30, 2004. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated September 18, 2002, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to Agreement. ATTEST: CITY OF PALM BEACH GARDENS M Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY - / By: Christine P. Tatum, City Attorney By: Eric Jablin, Mayor STAFFING CONNECTION & ACTION LABOR L0 \\ pbgsfileW ttorney \attorney_share\AGREEMENTS \addendum - staffing connection - school crossing guards.doc ADDENDUM I TO AGREEMENT THIS ADDENDUM I to the Agreement is entered into by and between the CITY OF PALM BEACH GARDENS (CITY), a municipal corporation, and STAFFING CONNECTION AND ACTION LABOR (CONTRACTOR) this day of , 2003. WHEREAS, on September 18, 2002, the City Council approved the award of contract to CONTRACTOR for school crossing guard services; and WHEREAS, in accordance with section 8 of the Agreement, the CITY reserved the right to renew the contract for two (2) additional one (1) year terms; and WHEREAS, CITY'S Staff has evaluated CONTRACTOR'S performance and finds that CONTRACTOR has consistently provided adequate school crossing guard services; and WHEREAS, both parties hereto desire to renew the term of the Agreement for an additional term commencing October 1, 2003, and ending September 30, 2004, on such terms and conditions as provided herein below. NOW, THEREFORE, CITY and CONTRACTOR mutually agree as follows: 1. The Agreement by and between CITY and CONTRACTOR is hereby renewed for the period October 1, 2003, through September 30, 2004. 2. To the extent not specifically amended herein, all other provisions of the Agreement dated September 18, 2002, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to Agreement. ATTEST: CITY OF PALM BEACH GARDENS By: By: Patricia Snider, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ristine P. Tatum, City Attorney STAFFING CONNECTION & ACTION LABOR 0 \ \pbgsfile\ Attorney \attorney_share\AGREEMENTS \add end um - staffing connection - school crossing guards.doc CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 168, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING THE PROPOSAL FROM STAFFING CONNECTION AND ACTION LABOR TO PROVIDE SCHOOL CROSSING GUARD SERVICES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Proposals to provide school crossing guard services on behalf of the City; and WHEREAS, City staff has recommended accepting the proposal submitted by Staffing Connection and Action Labor in the amount of $14.90 per man hour; and WHEREAS, the City Council has determined acceptance of the proposal submitted by Staffing Connection and Action Labor to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts the proposal for school crossing guard services submitted by Staffing Connection and Action Labor and authorizes the Mayor and City Clerk to execute an Agreement with Staffing Connection and Action Labor, a copy of which is attached hereto as Exhibit "A" and incorporated herein, to provide such services for a period of one year with the option to renew for two additional years. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS ATTEST- PATRICIA SNIDER', , CITY CLERK I HEREPSYtERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO D OF _ f�T�„�, , 2002. ;l R ERIC JAB AYE NAY ABSENT Date prepared: September 9, 2002 Meeting Date: September 18, 2002 Resolution: 168, 2002 EXHIBIT A AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND STAFFING CONNECTION /ACTION LABOR MANAGEMENT, LLC FOR SCHOOL CROSSING GUARDS THIS AGREEMENT, made as of 16 , 2002, by and between the City of Palm Beach Gardens, Palm Beach County, Florida, a municipal corporation organized and existing under the laws of the State of Florida and STAFING CONNECTION /ACTION LABOR MANAGEMENT, LLC. WITNESSETH: WHEREAS, the City of Palm Beach Gardens is desirous of providing for the satisfaction of its school crossing guard program through an independent labor contract agreement; and WHEREAS, STAFFING CONNECTION & ACTION LABOR is in the business of providing various labor forces, including, but not limited to school crossing guard services, with appropriate certifications, and WHEREAS, the parties are desirous of providing for the terms of their Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCHOOL CROSSING GUARDS: STAFFING CONNECTION & ACTION LABOR shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the City of Palm Beach Gardens School Crossing Guard Program. STAFFING CONNECTION /ACTION LABOR (hereinafter known as SCG) shall provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: (a) number of guards and rate - 16 —17 guards@$14.90 P/H (b) number of supervisory personnel —1 supervisor The City of Palm Beach Gardens reserves the right to require more or less crossing guard services upon (3) days' written notice, specifying its needs. 2. DUTY HOURS; DUTY LOCATIONS: STAFFING CONNECTION & ACTION LABOR shall provide the personnel described above during school hours and at all posts as deemed necessary by the school board and the City of Palm Beach Gardens. The City of Palm Beach Gardens has the right to change the duty hours, as well as duty locations, by written directive, which shall become effective on the date set forth in such written directive, provided that such date shall not be sooner than three (3) business days from the date of the written directive. 3. CONSIDERATION: STAFFING CONNECTION & ACTION LABOR shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in paragraph 1. STAFFING CONNECTION AND ACTION LABOR shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations; All labor contract compliance, and all other charges. Staffing Connection and Action Labor is being retained as an Independent Contractor and acknowledges this agreement does not create any employment relationship with the city. The City of Palm Beach Gardens shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. STAFFING CONNNECTION & ACTION LABOR acknowledges that the City of Palm Beach Gardens is contracting for the full crossing guard services for the hours and at the described posts as stated in the contract. This agreement requires that qualified personnel service be at each post during the prescribed post hours. 4. TRAINING AND SUPERVISION: STAFFING CONNECTION & ACTION LABOR shall be responsible for furnishing the training and certification of each of the personnel set forth in Paragraph 1 (a). STAFFING CONNECTION & ACTION LABOR represents that is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification shall be provided to The City of Palm Beach Gardens hereunder by STAFFING CONNECTION /ACTION LABOR. STAFFING CONNECTION /ACTION LABOR shall have, at all times during the term hereof, at its ready disposal, backup Personnel. The City of Palm Beach Gardens shall pay the rate as set forth in the Exhibit for actual training and retraining of applicable personnel. 5. UNIFORM: The City of Palm Beach Gardens will turn over all equipment after inventory to STAFFING CONNECTION /ACTION LABOR for continued usage. All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties all personnel shall dress in a clean and neat manner 6. COMPORTMENT; CHANGE OF PERSONNEL: At all times when such personnel are working in the City of Palm Beach Gardens whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the City of Palm Beach Gardens or STAFFING CONNECTION /ACTION LABOR, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The City of Palm Beach Gardens reserves the right to require the change of any personnel upon not less than three (3) business days' written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and the location of the post location. 7. DUTY ROSTER: STAFFING CONNECTION & ACTION LABOR shall provide the City of Palm Beach Gardens with the names of each personnel, and the location of such individual's post location. Such roster shall be provided on a weekly basis as of Friday of the week preceding. 8. TERM: This agreement shall commence on the /f11 Day of peVg,q, 2002, and include the period from the Commencement Date through the last day of the academic school year according to the Palm Beach County School District Schedule, as well as the schedule for summer school, according to the Palm Beach County School District, for the remaining part of the school year. The initial contract will be for one year, with the option to renew for a maximum of two (2) one year periods. All terms and conditions shall remain firm for the initial contract period. 9. BILLING: STAFFING CONNECTION & ACTION LABOR shall provide an invoice to the City of Palm Beach Gardens on a weekly basis, and the same shall be satisfied within (30) days. 10. TERMINATION: Either party may terminate this agreement on written notice, provided that the services hereunder shall not be terminated until (30) days subsequent to the date of such written notice. I LINSURANCE: STAFFING CONNECTION & ACTION LABOR shall provide liability insurance coverage, written with such insurance carriers as the City of Palm Beach Gardens shall reasonably approve, for personal Injury and property damage. STAFFING CONNECTION /ACTION LABOR shall deliver a fully effective certificate to that effect, evidencing no less than a (30) day cancellation poser. 12.ATTORNEY'S FEES: It is hereby understood and agreed that in the event any lawsuit in the judicial system is brought to enforce compliance with this agreement or interpret same, the non - prevailing party shall pay the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. 13. NON- ASSIGNABELITY: This agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. 14. CONSTRUCTION: This agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Palm Beach County, Florida. 15. ENTIRE AGREEMENT;MODIFICATION: This agreement specifically incorporates the RFP issued by the city, the specifications set forth therein, and Staffing Connection and Action Labors response to the RFP. The parties acknowledge that this agreement does not contain the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this agreement is executed. 16. JOINT PREPARATION: The preparation of this agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties further intention that this agreement be construed liberally to achieve its intent. 17. COUNTERPARTS: This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 18. EXH03ITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. 19. STAFFING CONNECTION AND ACTION LABOR recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents relating to or arising out of the STAFFING CONNECTION AND ACTION LABOR'S performance under this agreement, STAFFING CONNECTION AND ACTION LABOR hereby agrees to indemnify, save and hold harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this Cd __ay of 1,9�,oAg -2002. SEAL CITY OF PALM BEACH GARDENS, a Florida Municipal Corporation ATTEST. - BY: Eri , a�!or Patricia Snider City Clerk Approved as to form and Legal Sufficiency: Leonard G. Rubin, City Attorney Executed by the Contractor this / 0' da of 2002. — y STAFFING CONNECTION AND WITNESS: - en Hoo er, President Name: @. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 193, 2001 . V I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS FLORIDA AWARDING A "PIGGYBACK" CONTRACT FOR SCHOOL CROSSING GUARD SERVICES TO ACTION LABOR AND STAFFING CONNECTION; PROVIDING FOR CONFLICTS; • PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to contract with a private agency to provide school l crossing guard services; and WHEREAS, section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract for school crossing guard services to Action Labor and Staffing Connection, as successor to Oasis Staffing Services, based on an agreement dated July 27, 1999 and executed by the City of Lauderhill, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby awards a contract for school crossing guard services to ction Labor and Staffing Connection and "piggybacks" the Agreement for School Crossing Guard Services executed between Action Labor and Staffing Connection, as successor to Oasis Staffing Services, and the City of Lauderhill, Florida, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Said Agreement shall be effective upon adoption of this Resolution and receipt of written confirmation executed by a duly authorized officer of Action Labor and Staffing Connection that the company agrees to be bound by the terms and conditions specified therein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to t e extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or -1- application, itshall not affectthe validity ofthe remaining portions orapplications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS -:76w DAY OFtDc� ,zr -k , 2001. ATTEST;: CAROL GOLD (, � ;'CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN we COUNCILMAN SABATELLO COUNCILWOMAN FURTADO ✓ COUNCILMAN CLARK ✓ . -2- I 900 Osceola Drive Ste 222 West Palm Beach, FL 33409 p:561.683.1211 600.886.8109 f.561.683.3373 OCTOBER 29, 2001 PALM BEACH GARDENS POLICE DEPARTMENT 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: Sgt. Glen Brown: Dear Sgt. Brown: I have enclosed for your review, information pertinent to moving ahead with the prioritizing of the PALM BEACH GARDEN'S SCHOOL CROSSING GUARDS to ACTION LABOR AND STAFFING CONNECTION. We officially begin the transformation from OASIS to ACTION LABOR AND STAFFING CONNECTION on Monday, November 5t', 2001. We are successfully bringing all current contracts with us to ACTION LABOR AND STAFFING CONNECTION effective November 5th 2001. We look forward to hearing and working with you very shortly. Should you have any questions, please contact me at 954- 315 -2100 as we will remain in, the Ft.Lauderdale office of Oasis Staffing, until we secure a new location in this area. Sincerely, CAROLE S. GREENICH Manager 00/28/2001 03:00 7303062 July 27, 1999 PAGE 03 CITY OF LAUDERHILL '2000CITY 11AI.LpIt1\•k • 1.ARARHitit.l..11.01i1UA323)2 • 40341780 -0100 Agreement- School Crossing Guard Services This contract /agreement is entered into this 27' day of July, 1999 by Oasis Staffing Services, 800 Corporate Drive, Ft. Lauderdale, FL 33334 hereinafter call the CONTRACTOR and the City of Lauderhill hereinafter call the CITY. The CONTRACTOR and the CITY, in consideration of the agreements herein contained, agree as follows: The Contractor shall provide to the City SCHOOL CROSSING GUARD 1 SERVICES set forth in the Bid Documents RFP 99 -020 and awarded by Resolution 99R-7-149 for one year, with the option to renew for a maximum � I of two (2) one year periods commcticing on this day. � � 2�Z Z The Contract documents consist of this signed contract, Request for Proposal, and the bid of the CONTRACTOR, all of which are incorporated herein, by reference. For satisfactorily providing the services described and required in the Contract Documents, the CONTACTOR shall receive payments monthly at a rate of $7.62 per hour, per guard In witness whereof the parties have caused this contract to be duly executed, intending to be bound thereby. OASIS STAFFI�N�.�G+ /�A Authorized //Sl$'tlOh1lE\ Tide: !.' AAfO. OLQ.E'e- �'. CITY OF LA(UDERHILL Authorized Signatuc a Tide: Date: AN EQUAL OPPORTUNITY EMPLOYER OF NONOISCAWWA:ION AN THE t1AS1S OP PACE. COLOR. NATIONAI. ORIGIN. SEX. RELIGION. AGE OR t)ISAGILITY. e i e t REQUEST FOR PROPOSAL SCHOOL CROSSING GUARD - RFP 99,020 A. INTENT The intent of this proposal is to establish an anmia1 contract for the provision of School Crossing Guard Service as and when needed ' The company awarded this contract will be.responsible for and exercise exclusive control over the. persons employed-to fulfill the contract 7mquireinents. The City offers-no guarantee of the extent of work required during the contract period B. CONTRACT PERIOD The initial contract wM be for one year to synchronize with Broward County School Board year, with the option -to -renew for a_ maxiinurh o£ two ('L) one year periods. The City -reserves the-Tight-to cancel this 1 � contract without notice, should. the iC1y determine that the contractor is performing unsatisfactory. The Contractor will -be advised by the City at least ninety (90) days of its intent to renew at the same terms and conditions o € the- original bid C. BASIS OF AWARD Award will be made to the lowest responsive, responsible bidderbased on the per hour charge. The City reserves -the Tight to malre the sole deteanination of- responsivenesst-responsi�Ety. D COST ADJUSTMENT The hourly charge offered and accepted must remain firrnfor the duration of the initial term of the contract Such costs for any renewal 7term are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City wM use.changes in the Federal Minimum Wage and the Consumer Price Index (CPI) (United-States All Urban Consumers), as published by the Bureau.of Labor Statistics of the U. S Department of Labor, and doeutnerited payroll figures 5 1/6. M Any increase or decrease must be documented. and submitted in writing to the City at lease one hundred (120) days prior to the contract anniversary date. The City may, after examination,'refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event-the-City determines that the costs as submitted are not property - documented. or are excessive, -and- the - natter cannot be- resolved to the. satisfaction of the City, the contract will not be renewectfor. the additional optional renewal period(s). E. INSURANCE The Contractor shall provide proof of the following insurance coverage prior to start of work. a. Worker's Compensation Insurance covering all. employees and' providing benefits as required by Florida Statute, Chapter 40,•regardless of the size of-the company( number ofemployeesj. The-Contractor further agrees to be -responsible for employment, control and_condut -t of its employees and -for any-injury-sustained-by such employees in the coy m- of their employment b. LiauiduityInsurance 1) Naming -the City of Lauderhill as additional insured on the Insurance certificate. { Mnitnum policy limits in General Conditions apply to tlhis bid). The certification or proof of insurance must contain a provision for notification to the City ten (10) days, in writing, of any material change in coverage or cancellation. Such proof must be mailed to Purchasing Division, 2000 City Hall. Drive, Lauderhill; Florida. 33313. The successful bidder shall furnish to the City of Lauderhill the certification of proof if insumn, ce regt red by the provisions set forth in the bid documents, within five (5) days after notification of award of contract s• Any increase or decrease must be documented. and submitted in writing to the City at lease one hundred (120) days prior to the contract anniversary date. The City may, after examination,'refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event-the-City determines that the costs as submitted are not property - documented. or are excessive, -and- the - natter cannot be- resolved to the. satisfaction of the City, the contract will not be renewectfor. the additional optional renewal period(s). E. INSURANCE The Contractor shall provide proof of the following insurance coverage prior to start of work. a. Worker's Compensation Insurance covering all. employees and' providing benefits as required by Florida Statute, Chapter 40,•regardless of the size of-the company( number ofemployeesj. The-Contractor further agrees to be -responsible for employment, control and_condut -t of its employees and -for any-injury-sustained-by such employees in the coy m- of their employment b. LiauiduityInsurance 1) Naming -the City of Lauderhill as additional insured on the Insurance certificate. { Mnitnum policy limits in General Conditions apply to tlhis bid). The certification or proof of insurance must contain a provision for notification to the City ten (10) days, in writing, of any material change in coverage or cancellation. Such proof must be mailed to Purchasing Division, 2000 City Hall. Drive, Lauderhill; Florida. 33313. The successful bidder shall furnish to the City of Lauderhill the certification of proof if insumn, ce regt red by the provisions set forth in the bid documents, within five (5) days after notification of award of contract r F. TERMINATION FOR CAUSE If the City determines that the Contractor shall fail to fulfil in a timely and proper manner its obligations under this agreement, or if the Contractor shall violate any of the-provi�ions of this agreement, the City may, upon written notice to the-Contractor, tefm inate the right of the Contractor to proceed under this agreement or with such part or parts of the agreement as to which there has been default; and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. The City may withhold any payments due -to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the-Contractor is ' determined. -G QUALIFICATION The Contractor, -and any persons employed by the- Contractor, shall never have been convicted of any -offense involving moral turpitude. For service provided under this contract, the Contractor shall employ persons who are neat, clean, well-groomed, courteous and at least twenty -one (21) years of age and legally entitled to work in the United States. Persons emptoyed_by the Contractor shall meet the requirements of the Immigration Reform and.-Control Act of 1986. The Contractor must obtain Police Department approvar for all persons to-be ernployedas-crossing pards -before such persons commence work. If requested by the City, contractor agrees to remove any employee and substitute. an acceptable person at that crossing post. H. DAILY TIME SHEETS A daily time sheet will be maintained by the Contractor with the signature of the employee on each weekly shift and the location of their guard post. This log will be delivered by the Contractor on a weekly basis to the Police Department designee. • • c I INVOICES /PAYMENT The City will accept invoices no more frequently than twice per month. Each invoice shall be accompanied. by a time sheet detailing all employee time logged for the prior two (2) week period, The time sheet must list each guard by name, location, and daily hours worked. Invoices shall be paid-completely by the City within twenty (20) days of receipt of the invoice, except for items questioned The City, shall notify the Contractor within fifteen (15) days of receipt of the invoice of any items questioned. The Contractor shall prepare verification date for the amount claimed and provide complete cooperation :during_such investigation of any areas in the invoice subject to question. j SCOPE OF WORK 1. SCHEDUIJNG It is expected that nineteen (19) school crossing guards, one alternate guard and one supervisor will be•required-for the upcoming, school year. However,. this is an estimate and the Police-Department designeewM keep the Contractor informed as to the exact-number if school crossing g_eards that will•be required at any one time. The Contractor will be required to provide . coverage at the locations listed on Attachment L The Contractor shall be flexible and provide guards for the hours needed on the instructions of appropriate City personnel. A minimum of four (4) hours (which will vary slightly with each school) coverage daily at each school will be scheduled as foflows: Two (2) hours in the morning at approximately 7:00 am-to 9:00 am, and-two(2) hours in the afternoon at approximately 1:00_p.rrL to 3 :00 p.m. A 2 TRAINING It shall be the responsibility, or the Contractor to ensure that all guards receive proper. training. The Contractor must be able to comply. with Section 234.302, Florida Statutes, 'the Rarnon T*quest School Crossing Guard Act', by having Florida Department of Transportation certified crossing guard trainers to ensure that all persons employed as crossing guards receive proper training as required by law. Formal training of all new or former crossing shall be conducted as per the standards established-by the State of Florida Department of Transportation. The primary training-for each person employed. by the Contractor as a crossing guard shall be conducted by the-Contractor. Such training shall consist of, at a (L) -Classroom training (2) Fieldttairning The City will conduct one (1) training / re- training session per year, which shall be attended by all the Contractor's employees. The Police Departwenes designee will -handle all coordination of all city- provided training. The city provided training will be secondary to the training providedbythe Contractor. Any additional training, such as training-of new employees throughout the school year will be. the sole •responsi ;ty of the Contractor. 3. DAILY FIRT S) SUPERVISION The Contractor shall provide"an experienced field supervisor(s) overseeing the operations at all times the Vaards are on duty. It will be the responsibility of the field supervisor(s) to ensure that all crossings are propedy staffed at all timed such staffing is required. by the City. r. 71 ' � Y 4. GUARD BACK UP The Contractor shall provide each working guard with the name and telephone number-of a back -up in the event the working •. guard cannot be at their post The Contractor shall ensure that the back -up guard is: fully trained. and famiiia.r with the •specific crossing •location. S. TWENTY-FOUR (24) HOUR ANSWERING SERVICE The Contractor shall provide for his employees a 24. hour answering service. During non working hours when the field supervisor is not-on duty aworking guard shaft, in the event that he cannot be at his assignedpost, first contact his -back-up and then contact the service. This service will then contact the Contractor who will in turn confirm that the back -up guard will be on duty at his assigned crossing. -6. EQUIPMENT The City shall provide the Contractor with the -following equipment: a) hand'-held stop sign b) fluorescent safety vest c) uniform cap d) metal whistle with lanyard Upon termination n£ the agreement, all equipment will be returned to the City. The City reserves the right to inspect all equipment to determine if replacements are needed The Contractor wi1be responsible for lost or damaged equipment that is not returned by the guards upon termination A I i ai .r 7. SCHOOL YEAR The school year begins in late August and run. to approximately the middle of June, with appropriate holidays and. teacher work days that do not require coverage. In addition to the regular school year, summer school at all schools usually begins around the first of July and lasts for approximately six (6i -weeps. The City will inform the Contractor of the specific.dates-whenthey are made avtable 8 CURRENT SCHOOL CROSSING GUARDS The current school crossing guards must be given an opportunity to seek employment with the new. Coatrac:ton : Should the - - Contractor decide not to select-my of the current school guards, a written report should be sent to the police Departmenes designee, explaining the reason(s). Z DO a �:�'U 2 0® CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 11/18/03 Meeting Date:12 /04/03 Resolution 232, 2003 Subject/Agenda Item: Consideration of the purchase of Space Saver Shelving from United Business Systems. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $14,999.95 Council Action: Police (Total) City Attorney [ ] Approved $ 14,999.95 [ ]Approved w/ conditions Current FY [ ] Denied Finance Director A0Advertised: Funding Source: [ ] Continued to: Date: [ X ] Operating Attachments: Paper: [ ] Other Proposal- Description Justification Submitted by: [ x ] Not Required Department Director Affected parties _. ] Notified Budget Acct. #: 01- 1040 - 521.6400 [ ]None Approv by: City anp er [ x ] Not required Date Prepared: November 18, 2003 Meeting Date: December 4, 2003 Resolution 232, 2003 BACKGROUND: The police evidence room has taken in 13,440 items of evidence over the last three years. During this time frame we were able to dispose of 12,323 items of evidence. As one can see, more evidence is being received than is being disposed of. Presently, the evidence shelving is approximately 85% filled to capacity and if this trend continues, the shelving will be completely filled sometime during the 2004/2005 budget year. There are several reasons for this trend. With new technology such as DNA evidence, items are being required to be retained for a longer period of time. Also, several of the major cases that are being investigated have a statute of limitations from 25 years to none at all which requires the department to retain the evidence until the statute of limitations expires. Funds have been budgeted in the amount of $15,000 in fiscal year 2003/2004 for this purchase. STAFF RECOMMENDATION: Staff recommends the approval for the purchase of the Space Saver Shelving from United Business Systems in the amount of $14,999.95. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 21, 2003 RESOLUTION 232, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF SPACE SAVER SHELVING FROM UNITED BUSINESS SYSTEMS FOR ADDITIONAL SHELVING FOR THE POLICE EVIDENCE ROOM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purchase of additional shelving for the Police evidence room is necessary due to the increased amount of evidence received and longer retention requirements; and WHEREAS, the Police Department has determined that it is necessary to acquire additional shelving for storage of evidence. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the purchase of shelving from United Business Systems in the amount of $14,999.95 and hereby authorizes the City Manager to execute any documents necessary to effectuate this purchase. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 PASSED AND ADOPTED this ATTEST: AW Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AW Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO day of Date Prepared: November 21, 2003 Resolution 232, 2003 , 2003. CITY OF PALM BEACH GARDENS, FLORIDA AN Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile \Attorney \attorney_share \RESOLUTIONS \reso 211 2003 - agmt with Enterprise Fleet Svcs.doc 2 I no United Business Systems INVESTMENT SUMMARY: State Contract: Furniture Contract: #420 - 590 -02 -1 Effective: 2/21/02 through 2/20/05 Spacesaver Corporation/United Business Systems United Business Systems SPURS Vendor #F591224726 -008 Proiect #080326 Evidence Storage: Note: EQUIPMENT LIST PRICE DISCOUNT NET AMOUNT Mobile $10,921.15 48.7% $5,602.55 Shelving $ 7,866.45 49.5% $3,972.56 Total Equipment Net = $9,575.11 Receiving, Inside Delivery $ 149.84 Installation $5,275.00 Design, Planning $ No Charge Spacesaver Mobile System Total = $149999.95 Pricing reflects Florida State Contract Pricing. Pricing includes product, freight, inside delivery, planning & engineering Finishes and laminates to be match existing Spacesaver System Accepted By: Date: United Business Systems PROPOSAL - SYSTEM DESCRIPTION DATE: March 25, 2003 FOR: City of Palm Beach Gardens Police Department Evidence Storage Addition QUOTATION NUMBER: CD03 -080326 DRAWING NUMBER: 080326A ISSUE NUMBER: 1 ITEM: Addition to Existing Spacesaver Mechanical Assist High Density Mobile Storage System for Evidence Storage. QUANTITY: 1 Lot per Attached DESCRIPTION: Spacesaver Mechanical Assist Mobile Storage System in Accordance with Drawings #080326A Pricing Discount in Accordance with State of Florida Pricing State Purchasing Contract # 420 - 590 -02 -1 Effective: 02/21/02 through 02/20/05 CONTRACTOR: Spacesaver Corporation/United Business Systems SCOPE: Included in the scope of this work is all required track, elevated floor, ramp, carriage assemblies, shelving and laminated end panels as required by our drawings and bill of materials. United Business Systems will be responsible for receiving equipment, loading and unloading trucks, portage and inside delivery to staging area adjacent to installation site. The work to be performed under this proposal will commence upon receipt of your purchase order and clarification of all details. United Business Systems RECOMMENDED: EVIDENCE STORAGE: System Composed of the following: 40' Spacesaver Structural "L" Load Rail 80' Systems Entrance Ramp 1 Moveable Carriage Double -Face Unit 48" long x 36" deep x 88.25" high 1 Moveable Carriage Double -Face Unit 14' long x 36" deep x 88.25" high (Notched to accommodate column) 1 Moveable Carriage Double -Face Unit 14' long x 36" deep x 88.25" high 1 Moveable Carriage Double -Face Unit 8' long x 36" deep x 88.25" high Total Adjustable Shelf Openings: 6 4 Shelf Openings at 14.25" Clear 2 Shelf Openings at. 12.75" Clear CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 Subject/Agenda Item: Resolution 212, 2003: Downtown at the Gardens Site Plan Amendment Consideration of Approval: A request by Don Hearing of Cotleur Hearing, agent, for approval of a site plan amendment to the previously approved Downtown at the Gardens, which consists of office, retail, and entertainment center uses on an approximately 35 -acre site (two parcels). The applicant proposes to increase and decrease the square footage of regional commercial and number of seats for the theater, respectively, eliminate previously unaccounted for 11,000 square feet, and modify the architecture of approved buildings. Downtown at the Gardens is located at the southeast corner of the intersection of Gardens Parkway and Alt. A-1 -A within the Regional Center DRI. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: -.f� Growth Management: [ ] Approved Principal Planner Talal M. Benothman, A CID Costs: [ ] App. w/ conditions Project $ N/A [ ] Denied City Attorney Manager Total [ ] Rec. approval Talal M. Benothman, [ ] Rec. app. w/ conds. AICP Finance NA $ N/A [ ] Rec. Denial [ ]Continued to: Human Res. NA Current FY Advertised: Attachments: . Resolutions 91, 92, Growth Funding Source: Mana t Date: and 93, 2003 Direct r � Paper: [ ] Operating . Resolution 212, 2003 Charles K. Wu, AICP [X] Not Required [X] Other NA .Waiver Justification Statement Approved By: Affected Parties: . Site & Landscape Budget Acct. #: Plans Rong d . Fer ' [X] Notified NA . Architectural Renderings City n er [ ] Not Notified Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 BACKGROUND DRI Background On February 16, 1984, the City Council approved the Development Order forthe Regional Center DRI by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space and community use. The Development Order currently permits the development of up to 1,640,000 square feet of retail, 1,210,000 square feet of office (business), 381,650 square feet of hotel (449 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved by the City Council on June 5, 2003, through the adoption of Resolution 93, 2003, which allowed the following: • Adding a right -in /right -out entrance along Alternate A-1 -A between Gardens Parkway and Kyoto Gardens Drive; • Relocating the multi - family residential land -use category for the remaining 166 residential units within the DRI to Parcel 27.13, located on the east side of the Lake Victoria; • Reducing the minimum allowable Business Office square footage category to allow for a Cinema land -use category; • Designating a separate land -use category for the Cinema, which allowed by Chapter 380, Florida Statutes, to be treated as a separate land -use category; and • Amending the already adopted conversion matrix to include an equivalency provision /rate to allow for the conversion of uses between the retail and cinema land - use categories. Site Plan Background On June 5, 2003, the City Council approved the site plan for Downtown at the Gardens through the adoption of Resolution 91, 2003, which allowed the construction of one and two -story buildings containing 26,000 square feet (sf) of neighborhood commercial, 220,745 sf of retail, 67,690 sf of cinema with 3,220 seats, and 20,000 sf of professional office use. The total square footage of the approved development was 334,435 sf. The total square footage currently proposed by the applicant is 336,305 square feet, which includes the increase of the regional retail by 1,473 square feet. The square footage of each use was allowed for in the Development Order of the DRI and the previous NOPC through the use of the conversion matrix. Along with the site plan approved by the City Council for Downtown at the Gardens, the City Council approved the Lake Improvement Plan on May 15, 2003, through the adoption of Resolution 92, 2003. The lake improvement plan is for the "20 -acre park area" within the Regional Center DRI and included hardscape, landscape, and signage. 2 Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 LAND USE & ZONING The subject site is zoned Planned Community District (PCD) Overlay, with an underlying zoning of Professional Office (PO) and General Commercial (CG -1). The future land -use designation of the site is Professional Office (PO), and is designated Professional Office (PO) on the Vision Plan map. The designation of the subject parcel on the Master Plan (Map H) of the DRI is Research /Office /Service /Community Use /Multi - family Residential, and Neighborhood Commercial. However, the petitioner is allowed to convert these uses to commercial uses, per the previously approved NOPC. CONCURRENCY The proposed project is vested and does not undergo concurrency review or certification for traffic, drainage, solid waste, sewer and water, because it is part of an overall DRI that was previously reviewed and approved by the City and the State. PROJECT DETAILS Proposed Changes The applicant proposes the following amendments to the approved site Plan: • Modifications to the circulation core elements of the project to provide for additional access points to the second floor level. The applicant proposes adding a pedestrian bridge connecting the east parking garage with Building B, and adding elevators, escalators, and stairs to buildings around the central plaza. Stairs were added to the theater building to comply with building code requirements; Modifications to the exterior architectural design of the buildings to reflect a more contemporary and lasting design. This includes a redesign of the main rotunda in the central plaza, the elimination of the metal cylinder feature, the addition of a number of new entry feature elements, a reduction of some of the minor ornamentation on the buildings, and the addition of awnings and window openings; Modifications to the three level east parking garage by adding 42 parking spaces that have been relocated from on -grade parking spaces. These parking spaces are currently located along Victoria Gardens Drive and the west parking lot along Alt. A -1- A; • Modifications to the 16- screen theater by reducing the number of seats by 90 seats. The approved number of seats is 3,220, and the proposed is 3,130; • Modifications to the approved square footage of regional retail by increasing it by 1,473 square feet. The approved square footage for regional retail is 145,745, and the proposed is 147,218 square feet. The applicant has used the conversion matrix adopted into the Regional Center DRI development order to reduce the number of Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 seats of the theater and correspondingly increased the retail square footage by 1,473 square feet. The net average daily external trips are zero. The net and overall change in parking is a reduction of 15 spaces; and Reduction of the total square footage of the project by 11,000 square feet that were not previously included in the overall calculations of the approved square footage for Downtown at the Gardens. The reduction has resulted from eliminating enclosed storage areas, electrical rooms and public restrooms that were shown on the originally approved project. Buildinq Sites This is a unique development intended to provide shopping, dining, and entertainment opportunities to be experienced in one place. This project, together with the two parcels located across the lake on the eastside, will constitute the future urban core of Palm Beach Gardens. This project represents an opportunity to implement the City's vision in transforming the Regional Center DRI area into the City's urban core with both daytime and nighttime activities. Site Access The site will be accessed through Gardens Parkway, Alt. A -1 -A, and Kyoto Gardens Drive. The access point off of Kyoto Gardens Drive will be through Victoria Gardens Drive leading to the roundabout and the main center of the site. Signage The project was approved for four project monument signs, four project entry identification signs, five pedestrian directional sings, three directory signs, six primary and secondary identification signs, five specific use identification signs, 10 lake side directional signs, and one theater marquis sign. The MacArthur Center Signage Program for the Regional Center DRI was also amended to allow for ground signs throughout the project and the lakeside area. The applicant requested and was approved for a wall video sign on Building A (theater building), which was exempt by Code, since it was located interiorto the site and within the plaza (courtyard). A condition of approval was included in the development order of Downtown at the Gardens requiring the applicant to maintain the video sign interior to the project, and screen it from any public right -of -way. The project was also approved for several tenant and building identification signage. The following table lists the tenant signs for which the applicant received approval through waiver requests. Please be advised that signage interior to courtyards and not visible from public rights -of -way is exempt from the Sign Code, per Section 78 -289 of the City Code. 4 Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 Approved Sign Waivers Building North South West East City Council Elevatio Elevation Elevation Elevation Action Building H n One Approval Building A Two Two tenant Two tenant Approved Garage tenant sign signs West signs One Approval Building I One Tenant Approved Central east sign One Approval Building M1 One Approved Southeast tenant One Approval Entrance sign Building M2 One One Approved Entrance tenant sign Project i.d. One One One One Approved Logo /Ground signs Currently, the applicant is requesting two sign waivers: seven project/wall identification signs located at various locations; and an increase in the maximum letter height of the principal tenant sign for the theater from 36 to 42 inches. Proposed Sign Waivers Building North South West East Staff Elevation Elevation Elevation Elevation Recommendation Building H One Approval East One One Approval Garage West One Approval Entrance Central east One Approval Entrance Southeast One Approval Entrance South One Approval Entrance Phasing The proposed development will be built in one phase, according to the petitioner. Landscaping/Buffering The project was approved with landscape buffers along the western perimeter of the DRI, and additional and extensive landscaping along both Gardens Parkway and Kyoto Gardens Drive, which are consistent with the Regional Center PCD. 5 Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 Parking The project was approved for 2,019 parking spaces, based on a shared parking analysis conducted and submitted by the applicant. The approved site plan reflects 1,380 spaces at grade and the remaining 639 spaces located within the east parking garage on the western side of the lake. The number of parking spaces required by Code for shared parking analysis based on the approved square footage was 2,016. City Code allows the provision of shared parking in developments where the uses proposed are complementary to each other and have different peak business hours. The approved site plan also reflects parallel on- street parking along Victoria Gardens Drive, which was approved by a waiver. Without applying the shared parking analysis, the applicant was required at the time of approval to provide 2,627 parking spaces, which represents a difference of 608 parking spaces less than what the shared parking analysis allowed. However, the applicant was required to provide a contingency parking plan by providing an alternate site plan reflecting a second parking structure for 608 additional parking spaces, which will bring the total to 2,627 parking spaces. Conditions of approval were included in the development order to address this issue should it become necessary in the future. The project was also approved for valet parking on site to be provided in three locations. They are located at the eastern and western entrances to the central plaza, and the south entrance to the project between Buildings H and I. As a result of reducing the number of seats of the theater by 90 seats and increasing the square footage of the regional retail by 1,473 square feet, a net reduction of 15 parking spaces is proposed by the applicant based on a shared parking analysis. Therefore, the minimum number of parking spaces required based on shared parking analysis is 2004. The total number of parking spaces required for the whole project and without a shared parking analysis is 2,603, which is a reduction of 24 parking spaces from the approved number for the current site plan. The proposed site plan reflects 1,323 spaces at grade and the remaining 681 spaces located within the east parking garage on the western side of the lake. Waivers Downtown at the Gardens was approved for nine waivers from the City's Land Development Regulations, and the applicant is currently requesting two additional waivers related to signage. The following list reflects the approved and proposed waivers by the applicant: ,:1 Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 Waiver Rdq�ire pproved ' ` s Propoie g S aff` y f c r.... u. ,.._.. ry ` ~ 0", 4, f ""r, ,.datioii " Parking Stall Section 78- Parking spaces with Width 344(1)a — widths of 9.5 feet for the requires a min. two garage structures and of 10' the south central parking area along Kyoto Gardens Drvie Building Height Section 78 -153; Two -story buildings with Table 12 — 45' in height: theater with requires a max. 62' in height; and arch. of 36' Feature of 75' Parking Stall Section 78- No wheel stops for head - Wheel Stops 344(e) — to -head parking spaces requires wheel stops in all parking stalls On- Street Code does not On- street parking along Parking address or make Victoria Gardens Drive provisions for on- street parking. Minimum Section 78- None is provided adjacent Landscape 319(a)(1) — to Victoria Gardens Drive. Buffer Width requires a min. of 15' adjacent to R -O -W Minimum Section 78- None is provided by Foundation 320(a)(4) — entrances and service Planting planting is areas required where buildings abut vehicular areas Street Side Section 78 -153; Provide zero setback Setbacks Table 12 — adjacent to Victoria requires 40' Gardens Drive setback Tenant Section 78 -285 Two tenant signs for Signs /Logo — one sign per Building A, three tenant Signs tenant facing r- sings for Building I, and o -w or entrance, four project logo signs and one Amendment to MacArthur principal W. sign Center Master Sign per building Program is also requested for additional round signs ; Proiect/Structure Section '78 285 Seven �signs� Approval `' Identfcaton -Code does not located on four Signs provide for buildings i+nthm proiect the proiec# z identification Sign ' Letter Section :. 78 285 Ore pnncipal' Appro val ' Height = signs Code tenant sign with limits the ,heights height of 42 for of letters to 36; -heater onwest elevation _ �.x Outdoor Sales Section 78 -147 Provide up to seven — does not allow outdoor kiosks on site for outdoor sales 7 Date Prepared: November 21, 2003 Meeting Date: December 4, 2003 Resolution 212, 2003 PLANNING AND ZONING COMMISSION RECOMMENDATION On .October 28, 2003, the Planning and Zoning Commission reviewed the subject amendments to Downtown at the Gardens and recommended approval to the City Council with a vote of 6 -0. PREVIOUS CITY COUNCIL ACTION On the November 20, 2003 meeting, the City Council directed the applicant to work closely with the City's Police Chief on the issue of installing digital cameras. The City Council also directed the applicant to provide public restrooms on the first floor of Downtown at the Gardens. Staff has proposed two conditions of approval dealing with both issues, per the City Council's direction. The subject petition was continued to the December 4, 2003 meeting. STAFF RECOMMENDATION Staff recommends approval of Resolution 212, 2003, with the requested two waivers and the conditions of approval provided therein. 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: November 3, 2003 Revised: November 21, 2003 RESOLUTION 212, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRI /PCD, AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL; TO ALLOW FOR ARCHITECTURAL MODIFICATIONS; TO DELETE PREVIOUSLY UNACCOUNTED FOR 11,000 SQUARE FEET; TO REDUCE THE NUMBER OF THEATER SEATS FROM 3,220 TO 3,130; TO INCREASE THE REGIONAL RETAIL SQUARE FOOTAGE BY 1,473 SQUARE FEET; AND TO MAKE MINOR SITE PLAN MODIFICATIONS; PROVIDING FOR WAIVERS; 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 received petition SP -03 -19 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35 -acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval, to allow for architectural modifications, to delete previously unaccounted for 11,000 square feet, to reduce the number of theater seats from 3,220 to 3,130 seats, to increase the regional retail square footage by 1,473 square feet, to make minor site plan changes, and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning and Zoning Commission on October 28, 2003, and recommended its approval by a vote of 6 -0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens' review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for 5 Menin Development, is hereby APPROVED for the Downtown at the Gardens project on 6 the approximately 35 -acre site located within the Regional Center Development of 7 Regional Impact (DRI) and Planned Community Development (PCD), as more 8 particularly described herein, to modify certain conditions of approval, to allow for 9 architectural modifications, to delete previously unaccounted for 11,000 square feet, to 10 reduce the number of theater seats from 3,220 to 3,130 seats, to increase the regional 11 retail square footage by 1,473 square feet, to make minor site plan changes, subject to 12 the conditions of approval contained herein, which are in addition to the general 13 requirements otherwise provided by ordinance: 14 15 LEGAL DESCRIPTION: 16 17 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE 18 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 19 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 20 21 Land -Use: 22 23 1. Retail use other than quality or specialty restaurant use shall be a part of a 24 multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of 25 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 26 (Planning and Zoning) 27 28 2. Discount department stores as defined by the City's Land Development 29 Regulations shall be prohibited on the subject site, unless approved by the 30 City Council, per Exhibit C of Resolution 81, 2001 of the Development 31 Order of the Regional Center DRI. (Planning and Zoning) 32 33 3. Freestanding fast food restaurants and freestanding pharmacies / 34 drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the 35 Development Order of the Regional Center DRI. (Planning and Zoning) 36 37 4. A building permit for the multi- screen theater, no less than 55,000 square 38 feet and no less than 2,600 seats, shall be included within the first 100,000 39 square feet to be built by the applicant. No more than one building permit 40 shall be issued for the entire project prior to issuance of a building permit for 41 said theater. Said theater shall be diligently constructed, without owner 42 delay, until completion, per Exhibit C of Resolution 81, 2001 of the 43 Development Order of the Regional Center DRI. (Planning and Zoning and 44 Building) 45 46 K 43 44 45 3 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 5. Prior to issuance of the first Certificate of Occupancy, the applicant shall 2 comply with Section 78 -262 of the City Code dealing with Art- in- Public- 3 Places. The applicant shall provide art on site or make a payment in lieu of 4 art. The Art-in- Public- Places Committee shall review and make a 5 recommendation to the City Council on any proposed art on site. (Planning 6 and Zoning) 7 8 6. The park improvements (referred to as the lake plan) referenced herein and 9 attached hereto as Exhibit "C" shall commence prior to or simultaneously 10 with the first building permit for vertical construction to be built and diligently 11 constructed without delay until complete, per Exhibit C of Resolution 81, 12 2001 of the Development Order of the Regional Center DRI. (Planning and 13 Zoning) 14 15 7. The applicant of the subject development shall have the sole responsibility 16 of implementing and installing the lake plan as reflected in Exhibit "C" of this 17 Resolution. Prior to issuance of the first Certificate of Occupancy, the lake 18 plan shall be fully completed, and all elements of said plan shall be 19 installed, as approved by the City Council. (Planning and Zoning) 20 21 8. Prior to issuance of the first Certificate of Occupancy, the applicant of the 22 subject development shall obtain and provide the City with an agreement 23 between the applicant and the owners of Parcels 27.09 and 27.13 regarding 24 the cost sharing for the implementation and installation of the lake plan. 25 (Planning and Zoning) 26 27 9. The Property Owners Association of the DRI shall be responsible for the 28 maintenance of all the park improvements and all elements of the lake plan. 29 (Planning and Zoning) 30 31 10. WithiR 120 days of the offeGtiye date of this Resolution the app"GaRt shall 32 33 ror, i tern with the Code ren„iremeeRts o effect as of that date. 4 �.- �«��,— Code neG8ssaFy, 35 , FedUGe the development feetage b)X the amou .:e feet not 36 PFE)pesed square 37 38 Within 30 days of the effective date of this Resolution, the applicant shall 39 revise all applicable plans and calculations to reflect the proposed furniture 40 gallery / showroom as a commercial / retail use. The applicant shall also 41 revise the parking and trip generation analysis accordingly, to be approved 42 by the Citv Enaineer. (Planning and Zoninq, Citv Engineer) 43 44 45 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 11. Uses shall be limited to the list attached as Exhibit "E ", attached hereto. The applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to issuance of a building permit for those tenant improvements. (Planning and Zoning) 12. Within 60 days of the effective date of this Resolution, the applicant will submit an "Operating Agreement" in a form acceptable to the City Attorney between the City and the applicant, establishing the management and use of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enforcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning and Zoning, City Attorney) 13. Prior to the issuance of any development permits, the applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning and Zoning, City Engineer, City Attorney) 14. A total of seven mobile site amenity / sales kiosks shall be permitted for the project. A maximum of three of the seven amenity / sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate Al A at all times. (Planning and Zoning) 15. The applicant shall ensure that the video sign located within the courtyard of the site is not visible from any public right -of -way, parking lots, or residential district, per Section 78 -289 of the City Code. (Planning and Zoning) 16. The on- street parking within Victoria Gardens Avenue right -of -way shall be free of charge and must not be assigned to any specific tenant on site. (Planning and Zoning) 17. The proposed awnings shall be of solid color and striped awnings shall not be permitted within the subject site. (Planning and Zoning) 18. If shopping carts are to be used on site, shopping carts corrals shall be provided by the applicant and shall be screened from view by means of a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. (Planning and Zoning) 0 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 19. Shopping carts shall not be allowed to accumulate in any outside area, and 2 shall be removed from cart corrals in a timely manner and relocated to 3 storage areas inside building structures. (Planning and Zoning) 4 5 20. Within 30 days of the effective date of this Resolution and subject to 6 Planning and Zoning staff's approval, the applicant shall provide revised 7 floor plans to the City reflecting three and separate public restroom areas 8 on the first floor of the subiect site. (Planning and Zonina) 9 10 Energy Conservation: 11 12 4 -7.21. Prior to construction plan approval, potable water conservation devices 13 shall be incorporated into project buildings, per Condition 12 of the 14 Development Order of the Regional Center DRI. (City Engineer) 15 16 4-8-.22. Prior to construction plan approval, energy conservation measures 17 identified in the Application for Development Approval (ADA) shall be 18 implemented, per Condition 24 of the Development Order of the Regional 19 Center DRI. (City Engineer) 20 21 4-9-.23. Prior to construction plan approval, the subject project shall comply with 22 the energy plan established by the Property Owners Association 23 Architectural Review Board (Board) for the Regional Center DRI, per 24 Condition 25 of the Development Order of the Regional Center DRI. 25 (City Engineer) 26 27 224. Prior to issuance of the first certificate of occupancy, the applicant shall 28 demonstrate that a full line of energy- efficient appliances and equipment 29 will be used in all buildings on site, per Condition 27 of the Development 30 Order of the Regional Center DRI. (City Engineer) 31 32 Landscapina and Environment: W 34 24-.25. Prior to issuance of a clearing permit, the applicant shall coordinate an 35 on -site meeting with the City Forester to confirm that existing and 36 proposed landscaping, as reflected on the proposed landscape plan, 37 effectively screens all parking areas from Alternate A1A, while remaining 38 in compliance with CPTED principals incorporating view corridors for 39 security purposes. (City Forester) 40 41 2-2-.26. Prior to any land alteration, all Gopher tortoises shall be relocated from 42 the subject site to an acceptable alternate site approved by the City 43 Forester. (City Forester) 44 45 46 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 227. The applicant shall, in a cooperative effort, work together with the 2 Police Department to implement, to the maximum extent possible, the 3 CPTED recommendations contained in the CPTED report prepared by 4 Paul Urschalitz and stamp dated by the City December 9, 2002. (Police 5 Department) 6 7 Engineering: 8 9 24-.28. Prior to the issuance of the first building permit, the applicant shall 10 submit a Master Pavement Marking and Signage Plan meeting the 11 requirements of the City Engineer. (City Engineer) 12 13 25:29. Prior to issuance of the first building permit, the applicant shall provide 14 a letter of authorization from the appropriate utility owners allowing the 15 applicant to pave, landscape, and place stormwater management 16 features, buildings, etc., within their respective utility easements. (City 17 Engineer) 18 19 26:30. Prior to issuance of the first building permit, the applicant shall identify 20 handicap ramps on the plans at all applicable locations. The applicant 21 shall provide ramp detail(s) meeting ADA and FDOT standards and 22 identify the curb ramp number from FDOT Index 304. (City Engineer) 23 24 231. The applicant shall maintain a minimum vertical height clearance of 13' 25 6" for the covered drop -off areas and the entry arches to facilitate 26 emergency vehicle access. (Fire Department) 27 28 232. Prior to the issuance of the first Certificate of Occupancy, Victoria 29 Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall 30 be completed and accepted by the City. Construction of said roadway 31 shall commence prior to or simultaneously with the first building permit for 32 vertical construction to be built and diligently constructed without delay 33 until complete, per Exhibit C of Resolution 81, 2001 of the Development 34 Order of the Regional Center the DRI. (Planning and Zoning and City 35 Engineer) 36 37 233. Prior to issuance of the first building permit, all surface water 38 management system elements consistent with the Unit 19 Conceptual 39 Permit Modification issued by SFWMD shall be substantially completed 40 in accordance with the construction - phasing plan and accepted by the 41 City. The applicant shall provide a phasing plan, construction plan, and 42 supporting calculations for review and approval by the City, NPBCID, and 43 SFWMD that certifies all phases of the surface water management 44 system construction shall be equivalent to the Unit 19 Conceptual Permit. 45 (City Engineer) 46 C Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 3034. Prior to issuance of the first building permit, the applicant shall submit 2 to the City for review and approval a boundary re -plat and record said 3 plat in the public records of Palm Beach County. (City Engineer) 4 5 34-.35. The applicant shall submit, at its cost, an annual parking study to 6 determine actual parking demand at the site. The observed demand will 7 be compared to the actual supply to determine if the provided parking 8 supply is adequate to accommodate existing demand plus expected 9 demand generated by the uses that have not yet been issued certificates 10 of occupancy. This calculation will include an appropriate buffer between 11 parking supply and demand as recommended by either the Institute of 12 Transportation Engineers, Urban Land Institute, or other recognized 13 published traffic engineering organizations or resources. The first annual 14 parking study must be submitted when Certificates of Occupancy for 80% 15 of the project's approved square footage have been issued. The parking 16 study will be performed on an annual basis for a period of five years. 17 Said study shall be performed by an independent professional traffic 18 engineer mutually selected by the applicant and City staff. The precise 19 methodology shall be agreed upon by both the applicant and the City 20 staff at the time that the study is initiated. At a minimum, the study is to 21 be performed during the peak season and during the peak operating 22 hours on a Thursday, Friday, and Saturday (with the exception of the 23 Christmas and Thanksgiving holidays), or as determined by the Growth 24 Management Director. (City Engineer) 25 26 336. Should the parking study conclude that the available on -site parking is 27 90% or more occupied, then the applicant shall provide a permanent 28 (perpetual) solution to increase parking supply for the project that can 29 include the construction of a second parking garage as shown on the 30 alternate site plan referenced herein and attached hereto as Exhibit "D ", 31 or other viable alternative means as approved by City Council. When the 32 on -site parking is determined to be 90% or more occupied, the shared 33 parking study provided by the applicant shall be considered null and void, 34 and the applicant shall construct the required parking based on the 35 number of spaces recommended by the above - referenced parking study, 36 or as otherwise determined by the City Council. (City Engineer) 37 38 33- 39 40 additienal Fety as nono--ary to Gong pro 110% of the noc4 of oon +r1_1n4inn 41 of the SeGOn d narking iraFago Ivnn }o F1 _n the west side of the on+ranno off 42 43 44 45 peFied of five yeaF6 from the date the subjeGt de VA Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 G84ifiGate Gf QGGUpaRGY Of 80% 2 subjevrJR°. (Planning and ZeR44 \ 3 37. Prior to issuance of any building permit, the applicant shall post surety for 4 110% of the cost of construction of the second parking garage located on 5 the west side of the entrance off of Gardens Parkway Boulevard. Said 6 surety shall not be released for a period of five years from the date the 7 subiect development receives a Certificate of Occupancy for 80% of the 8 approved square footage for the subject site. (Planning and Zoning, City 9 Engineer) 10 11 34.38. Construction of the second parking garage located on the west side of 12 the entrance off of Gardens Parkway Boulevard, or provision of additional 13 parking spaces by a permanent (perpetual) alternative means for the 14 project as defined in Conditions #3435 and 3236, shall be completed 15 within one year of the determination that the on -site parking is 90% 16 occupied. (City Engineer) 17 18 339. If the second parking garage is not completed as determined by the 19 issuance of the certificate of completion within one year of the 20 determination that the on -site parking is 90% occupied, then no 21 additional certificates of occupancy or tenant occupational licenses shall 22 be issued until said parking garage is completed. (Planning and Zoning, 23 City Engineer) 24 25 340. Prior to the issuance of the first Certificate of Occupancy, the applicant 26 shall construct all of the required improvements referenced in the traffic 27 analysis for the project prepared by Kimley -Horn & Associates, Inc. dated 28 May 2003. (City Engineer) 29 30 37-. The appliGant shall grant to the City a ten;PE)FaFy GenStFUGtien easemen 31 32 on the west side of the en var-d 33 serTIplete with aGGess to a publiG Feadway, aS FefleGted -e a °AI +-n�� 34 S+te D aR ;0Ec�hihit "D" - a##anh ed-�eretc Sa �- easemshall be 35 w;eyed -te the Gity by asseparate inofr„mon+ within 30 days fFem the 36 date the City GGURGO! appFeves the additional paFkiRg spaG8s as 37 deteFmined OR GORdeteens #31 and 31 above- 38 41. Within 30 days of the effective date of this Resolution, the applicant shall 39 provide a revised "Alternate Site Plan ", which is Exhibit "D" attached 40 hereto, reflecting a construction easement 20 feet wider than the 41 proposed footprint of the parking garage located on the west side of the 42 entrance off of Gardens Parkway Boulevard, complete with access to a 43 public roadway to the City. (City Engineer) 44 45 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 42. As required by Condition No. 13(F) of Resolution 96, 1999, all driveway 2 intersections shall be initially constructed to a minimum of single separate 3 left- and right -turn inbound lanes and separate left- and right -turn outbound 4 lanes with traffic separators. Each driveway intersection shall be improved 5 with additional lanes up to the configuration described below and with 6 signalization as needed to provide Level of Service C operations: 8 Northbound single right -turn lanes. 9 Southbound double left -turn lanes. 10 Westbound double left -turn lanes and double right -turn lanes. 11 (City Engineer) 12 13 43. Prior to the issuance of the first Certificate of Occupancy, the applicant 14 shall complete the signalization of the intersection of Alternate Al A and 15 Kyoto Gardens Drive. Said signalization improvement shall be 16 acceptable to the County and the City. The signalization of this 17 intersection shall be implemented in conjunction with the construction of 18 the Kyoto Gardens Drive Extension and incorporate the maximum 19- configuration described in Condition No. 13(f) of Resolution 96, 1999 and 20 the construction plans for the Kyoto Gardens Drive Extension Project. 21 The applicant shall coordinate the construction of the signals or the 22 payment of money in lieu of the construction of the signals with the City 23 Engineer. (City Engineer) 24 25 44. Prior to the issuance of the first Certificate of Occupancy, the applicant 26 shall construct an additional westbound left -turn lane at the intersection 27 of Kyoto Gardens Drive and Alternate A1A as required by Condition No. 28 13(F) of Resolution 96, 1999 and the traffic analysis for the project 29 prepared by Kimley -Horn & Associates, Inc. dated May 2003. (City 30 Engineer) 31 32 Police: 33 34 45. Lighting locations shall not conflict with landscaping, to include long -term 35 tree canopy growth. (Police) 36 37 46. All lighting for parking lots and pedestrian walkways shall be metal halide. 38 Police 39 40 47. Building lighting shall be installed around perimeter on all sides and on 41 pedestrian walkways. Non -glare lighting shall be used. (Police) 42 43 48. All entry signage shall be lighted. (Police) 44 45 49. The applicant shall provide timer clock or photocell lighting for nighttime use 46 above or near entryways and all exits, including emergency exits. (Police) Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 1 50. Prior to issuance of the First Certificate of Occupancy, the applicant shall 2 provide to the City details of the commercial numbering system for 3 emergency response purposes in an 8'/2" X 11" map format. (Police) 5 51. Numerical address shall be illuminated for nighttime visibility and not 6 obstructed, have bi- directional visibility from roadways, be unobstructed, 7 and be placed at front and near of business. (Police) 9 10 11 12 52. 53. All ATMs on site shall comply with F.S.S. 655.960-965 relating to ATMs. Police All structures shall be target- harden to include buildings pre -wired for an 13 alarm system, doors equipped with metal plate over the threshold of the 14 locking mechanism, rear doors have 180 - degree peephole viewers, and 15 perimeter doors equipped with hinges that utilize non - removable hinge pins. 16 Police 17 18 54. The lighting design for the two parking structures shall incorporate both 19 vertical and horizontal luminance; provide lighting into the edges of parking 20 stalls and over parked vehicles; provide vandalism resistant lighting fixtures; 21 provide metal halide; provide lighting fixtures positioned to minimize glare; 22 and provide lighting fixtures around the exterior of both structures. (Police) 23 24 55. All stairwells serving the parking garage shall have open metal handrails 25 and steps. (Police) 26 27 56. All elevators shall be equipped with emergency two -way communication. 28 Police 29 30 57. Elevators shall not be equipped with stop buttons. (Police) 31 32 58. Prior to issuance of First Certificate of Occupancy, the applicant shall pre - 33 wire the subject site for the installation of a high- resolution color digital 34 video surveillance system with monitoring and photo processing picture or 35 video printout capabilities. The applicant shall work closely with the City's 36 Police Department in determining the location and number of cameras to be 37 installed on site. The City's Police Chief shall have the final decision and 38 authority on determining when, where, the operation, and the number of 39 cameras to be installed on site, at the applicant's expense. (Police) 40 41 59. Prior to issuance of First Certificate of Occupancy, convex mirrors shall be 42 installed in all stairwell and elevator areas. (Police) 43 44 45 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78- 344(I)(1)a, Standard Space, to allow for a 9.5 -foot parking stall width for two retail parking areas along the north central and south central areas of the site. 2. Section 78 -153, Maximum Building Height, to allow for a height of 45 feet for two -story buildings, 62 feet for the theater building, and 75 feet for the arch feature. 3. Section 78- 344(e), Wheel Stops, to allow for head -to -head parking spaces by eliminating the wheel stops. 4. Section 78- 319(a)(1), Landscape Buffer Width, to allow a zero -foot buffer along Victoria Gardens Drive. 5. Section 78- 320(a)(4), Foundation Planting, to allow no foundation planting by entrances and service areas. 6. Section 78 -153, Street Side Setbacks, to allow for a zero feet 15 -foot setback adjacent to Victoria Gardens Drive. 7. Section 78 -147, Outdoor Sales, to allow for up to seven kiosks on site. 8. Section 78 -285, Permitted Signs, to allow for six two tenant signs for Building A, o^° teRaRt ci ^^ three tenant signs for Building I, GRe tenant c+inn , and four project logo signs. 9. Section 78 -341, Intent, to allow for on- street parking along Victoria Gardens Drive. 10. A waiver from Section 78 -285 of the City's Land Development Regulations to permit seven additional project identification signs located at four different buildings within the project. 11. A waiver from Section 78 -285 of the City's Land Development Regulations to permit letter heights of 42 inches for one principal tenant sign for the theater on the west elevation of the project. SECTION 3. This site plan amendment approval shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Downtown at The Gardens, Site Plan Data, by Cotleur Hearing, revised March 10, 2003, Sheet 1. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 2-25, 2003), Sheet 4 (revised April 14, 2003), and Sheet 5 (revised nn April 14, 2003). 3. Lake Area Site Plan, by Cotleur Hearing, revised "" April 14, 2003, Sheet 6. 4. Site Details, by Cotleur Hearing, revised January 28, 2003, Sheet 7. 5. Lafldssape Plan, by Getleur HeaFing, Sheets 8 and (revised May 22, 203), Sheets 10 and 11 (reprised ApriI1T nnSheet (revised y 22, 0 Sheet 13 (revised 10 nw). Landscape Plan, by Cotleur Hearing, revised April 14, 2003, Sheets 8 — 13. 6. Hardscape Plan, by Cotleur Hearing, revised April 14, 2003, Sheets 14 and 15. 7. 1sT Floor Plan, 2ND Floor Plan, Floor Plans, Exterior Elevations, MISC. Exterior Details, 1 st Floor Plan, East Parking Garage, West Parking Garage, by OG &P, Sheets A -1.1 — A -6.1, and PG -1 and PG -2, revised November 15, 2002 (A -1.1 — A -6.1) and March 10, 2003 (PG -1 and PG -2). 8. , Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated April 10, 2003. 9. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1 -9. 10. Master Sign Plan, by CommArts, Inc., dated November 15, 2002, Sheets 1- 17. lzjlm; jr.- 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1 — 15, revised October 23, 2003. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS &P, Sheets A1.1, A2.1, A -3.1, A -4.1 — A -4.4, A -5.1, A -6.1, and PG -1, dated September 29, 2003. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon adoption. 12 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 PASSED AND ADOPTED this ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY AW Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: November 3, 2003 Revised: November 21, 2003 Resolution 212, 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA AW Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile\Attorney\ attorney _share \RESOLUTIONS \ -reso 212 2003 - downtown at the gardens- revised per council.doc 13 r► Date Prepared: May 23, 2003 Resolution 91, 2003 1 RESOLUTION 91, 2003 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 6 MACARTHUR CENTER SIGNAGE PROGRAM (RESOLUTION 64, 7 1998); APPROVING THE SITE PLAN FOR DOWNTOWN AT THE 8 GARDENS WITHIN THE REGIONAL CENTER DEVELOPMENT OF 9 REGIONAL IMPACT (DRI) TO ALLOW THE DEVELOPMENT OF 10 26,000 SQUARE FEET OF NEIGHBORHOOD COMMERCIAL, 220,745 11 SQUARE FEET OF RETAIL/RESTAURANT, 67,690 SQUARE FEET (UP 12 TO 3,220 SEATS) OF CINEMA, AND 20,000 SQUARE FEET OF 13 PROFESSIONAL OFFICE USE; PROVIDING FOR CONDITIONS OF 14 APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 18 WHEREAS, the City has received an application from Menin Development 19 Companies, Inc. for approval of a site plan for Downtown at the Gardens, located within the 20 Regional Center DRI along Alternate A1A, as more particularly described in Exhibit "A" 21 attached hereto; and 22 23 WHEREAS, the subject parcel is currently zoned Planned Community District 24 (PCD) Overlay with an underlying zoning of Professional Office (PO) and General 25 Commercial (CG1) and a future land -use designation of Professional Office (PO); and 26 27 WHEREAS, the Growth Management Department has reviewed said application, 28 has determined that it is sufficient and is consistent with the City's Comprehensive Plan 29 and Land Development Regulations, and has recommended approval; and 30 31 WHEREAS, on April 8, 2003, the Planning and Zoning Commission recommended 32 approval of the site plan; and 33 34 WHEREAS, the City Council has deemed approval of this Resolution to be in the 35 best interest of the citizens and residents of the City of Palm Beach Gardens. 36 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39 OF PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 42 43 SECTION 2, The City Council of the City of Palm Beach Gardens, Florida hereby 44 amends Resolution 64, 1998, the MacArthur Center Signage Program, to allow for additional 45 signage for Downtown at the Gardens as reflected in Exhibit "B" attached hereto. 46 Date Prepared: May 23, 2003 Resolution 91, 2003 1 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 2 approves the site plan for Downtown at the Gardens to allow for the development of 26,000 3 square feet of neighborhood commercial, 220,745 square feet of retail /restaurant, 67,690 4 square feet of cinema (up to 3,220 seats), and 20,000 square feet of professional office 5 use. 6 7 SECTION 4. Said site plan approval shall comply with the following conditions, 8 which shall be binding upon the applicant, its successors, assigns, and /or grantees: 9 10 Land -Use: 11 12 1. Retail use other than quality or specialty restaurant use shall be a part of a 13 multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of 14 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 15 (Planning and Zoning) 16 17 2. Discount department stores as defined by the City's Land Development 18 Regulations shall be prohibited on the subject site, unless approved by the City 19 Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the 20 Regional Center DRI. (Planning and Zoning) 21 22 3. Freestanding fast food restaurants and freestanding pharmacies / drugstores 23 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 24 Order of the Regional Center DRI. (Planning and Zoning) 25 26 4. A building permit for the multi- screen theater, no less than 55,000 square feet 27 and no less than 2,600 seats, shall be included within the first 100,000 square 28 feet to be built by the applicant. No more than one building permit shall be 29 issued for the entire project prior to issuance of a building permit for said 30 theater. Said theater shall be diligently constructed, without owner delay, until 31 completion, per Exhibit C of Resolution 81, 2001 of the Development Order of 3Z the Regional Center DRI. (Planning and Zoning and Building) 33 34 5. Prior to issuance of the first Certificate of Occupancy, the applicant shall 35 comply with Section 78 -262 of the City Code dealing with Art-in- Public- Places. 36 The applicant shall provide art on site or make a payment in lieu of art. The 37 Art-in- Public- Places Committee shall review and make a recommendation to 38 the City Council on any proposed art on site. (Planning and Zoning) 39 40 6. The park improvements (referred to as the lake plan) referenced herein and 41 attached hereto as Exhibit "C" shall commence prior to or simultaneously with 42 the first building permit for vertical construction to be built and diligently 43 constructed without delay until complete, per Exhibit C of Resolution 81, 2001 44 of the Development Order of the Regional Center DRI. (Planning and Zoning) 45 46 2. Date Prepared: May 23, 2003 Resolution 91, 2003 1 7. The applicant of the subject development shall have the sole responsibility of 2 implementing and installing the fake plan as reflected in Exhibit "C of this 3 Resolution. Prior to issuance of the first Certificate of Occupancy, the lake 4 plan shall be fully completed, and all elements of said plan shall be installed, 5 as approved by the City Council. (Planning and Zoning) 6 7 8. Prior to issuance of the first Certificate of Occupancy, the applicant of the 8 subject development shall obtain and provide the City with an agreement 9 between the applicant and the owners of Parcels 27.09 and 27.13 regarding 10 the cost sharing for the implementation and installation of the lake plan. 11 (Planning and Zoning) 12 13 9. The Property Owners Association of the DRI shall be responsible for the 14 maintenance of all the park improvements and all elements of the lake plan. 15 (Planning and Zoning) 16 17 10. Within 120 days of the effective date of this Resolution, the applicant shall 18 revise all applicable plans and calculations to include square footage 19 consistent with the Code requirements in effect as of that date. If necessary, 20 the applicant shall also revise the parking and trip generation analysis 21 accordingly, to be approved by the City Engineer, or reduce the proposed 22 development square footage by the amount of square feet not accounted for 23 by the applicant. (Planning and Zoning) 24 25 11. Uses shall be limited to the list attached as Exhibit "E ", attached hereto. The 26 applicant must receive approval by the City Council for any use that is 27 indicated as a conditional use, prior to issuance of a building permit for those 28 tenant improvements. (Planning and Zoning) 29 30 12. Within 60 days of the effective date of this Resolution, the applicant will submit 31 an "Operating Agreement" in a form acceptable to the City Attorney between 32 the City and the applicant, establishing the management and use of the Lake 33 Park, including the plaza areas located east of Victoria Gardens Drive. The 34 Operating Agreement will define such items as allowable uses, programming 35 of events, public access, enforcement, and maintenance and will include 36 provisions for review and modification. The Operating Agreement must be 37 approved by the City Council prior to the issuance of the first building permit. 38 (Planning and Zoning, City Attorney) 39 40 13. Prior to the issuance of any development permits, the applicant shall obtain all 41 necessary approvals and permits from NPBCID to facilitate the redevelopment 42 of the lake tract (Park), including the necessary transfer of properties to the 43 City of Palm Beach Gardens as contemplated by the site plan. (Planning and 44 Zoning, City Engineer, City Attorney) 45 46 Date Prepared: May 23, 2003 Resolution 91, 2003 1 14. A total of seven mobile site amenity / sales kiosks shall be permitted for the 2 project. A maximum of three of the seven amenity / sales kiosks may be 3 utilized within the lakefront plaza area of the project, on site only. All mobile 4 site amenity / sales kiosks shall remain out of view from Alternate Al A at all 5 times. (Planning and Zoning) 6 7 15. The applicant shall ensure that the video sign located within the courtyard of 8 the site is not visible from any public right -of -way, parking lots, or residential 9 district, per Section 78 -289 of the City Code. The video sign shall only be 10 used or limited to advertising for on -site tenants. (Planning and Zoning) 11 12 16. The on- street parking within Victoria Gardens Avenue right -of -way shall be free 13 of charge and must not be assigned to any specific tenant on site. (Planning 14 and Zoning) 15 16 Energy Conservation: 17 18 17. Prior to construction plan approval, potable water conservation devices shall 19 be incorporated into project buildings, per Condition 12 of the Development 20 Order of the Regional Center DRI. (City Engineer) 21 22 18. Prior to construction plan approval, energy conservation measures identified in 23 the Application for Development Approval (ADA) shall be implemented, per 24 Condition 24 of the Development Order of the Regional Center DRI. (City 25 Engineer) 26 27 19. Prior to construction plan approval, the subject project shall comply with the 28 energy plan established by the Property Owners Association Architectural 29 Review Board (Board) for the Regional Center DRI, per Condition 25 of the 30 Development Order of the Regional Center DRI. (City Engineer) 31 32 20. Prior to issuance of the first certificate of occupancy, the applicant shall 33 demonstrate that a full line of energy- efficient appliances and equipment will 34 be used in all buildings on site, per Condition 27 of the Development Order of 35 the Regional Center DRI. (City Engineer) 36 37 Landscaping and Environment: 38 39 21. Prior to issuance of a clearing permit, the applicant shall coordinate an on -site 40 meeting with the City Forester to confirm that existing and proposed 41 landscaping, as reflected on the proposed landscape plan, effectively screens 42 all parking areas from Alternate A1A, while remaining in compliance with 43 CPTED principals incorporating view corridors for security purposes. (City 44 Forester) 45 46 4. Date Prepared: May 23, 2003 Resolution 91, 2003 1 22. Prior to any land alteration, all Gopher tortoises shall be relocated from the 2 subject site to an acceptable alternate site approved by the City Forester. (City 3 Forester) 4 5 23. The applicant shall, in a cooperative effort, work together with the Police 6 Department to implement, to the maximum extent possible, the CPTED 7 recommendations contained in the CPTED report prepared by Paul Urschalitz 8 and stamp dated by the City December 9, 2002. (Police Department) 9 10 Engineering: 11 12 24. Prior to the issuance of the first building permit, the applicant shall submit a 13 Master Pavement Marking and Signage Plan meeting the requirements of the 14 City Engineer. (City Engineer) 15 16 25. Prior to issuance of the first building permit, the applicant shall provide a letter 17 of authorization from the appropriate utility owners allowing the applicant to 18 pave, landscape, and place stormwater management features, buildings, etc., 19 within their respective utility easements. (City Engineer) 20 21 26. Prior to issuance of the first building permit, the applicant shall identify 22 handicap ramps on the plans at all applicable locations. The applicant shall 23 provide ramp detail(s) meeting ADA and FDOT standards and identify the curb 24 ramp number from FDOT Index 304. (City Engineer) 25 26 27. The applicant shall maintain a minimum vertical height clearance of 13' 6" for 27 the covered drop -off areas and the entry arches to facilitate emergency vehicle 28 access. (Fire Department) 29 30 28. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens 31 Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed 32 and accepted by the City. Construction of said roadway shall commence prior 33 to or simultaneously with the first building permit for vertical construction to be 34 built and diligently constructed without delay until complete, per Exhibit C of 35 Resolution 81, 2001 of the Development Order of the Regional Center the DRI. 36 (Planning and Zoning and City Engineer) 37 38 29. Prior to issuance of the first building permit, all surface water management 39 system elements consistent with the Unit 19 Conceptual Permit Modification 40 issued by SFWMD shall be substantially completed in accordance with the 41 construction - phasing plan and accepted by the City. The applicant shall 42 provide a phasing plan, construction plan, and supporting calculations for 43 review and approval by the City, NPBCID, and SFWMD that certifies all 44 phases of the surface water management system construction shall be 45 equivalent to the Unit 19 Conceptual Permit. (City Engineer) 46 Date Prepared: May 23, 2003 Resolution 91, 2003 1 30. Prior to issuance of the first building permit, the applicant shall submit to the 2 City for review and approval a boundary re -plat and record said plat in the 3 public records of Palm Beach County. (City Engineer) 4 5 31. The applicant shall submit, at its cost, an annual parking study to determine 6 actual parking demand at the site. The observed demand will be compared to 7 the actual supply to determine if the provided parking supply is adequate to 8 accommodate existing demand. The first annual parking study must be 9 submitted when Certificates of Occupancy for 80% of the project's approved 10 square footage have been issued. The parking study will be performed on an 11 annual basis for a period of five years. Said study shall be performed by an 12 independent professional traffic engineer mutually selected by the applicant 13 and City staff. The precise methodology shall be agreed upon by both the 14 applicant and the City staff at the time that the study is initiated. At a 15 minimum, the study is to be performed during the peak season and during the 16 peak operating hours on a Thursday, Friday, and Saturday (with the exception 17 of the Christmas and Thanksgiving holidays), or as determined by the Growth 18 Management Director. (City Engineer) 19 20 32. Should the parking study conclude that the available on -site parking is 90% or 21 more occupied, then the applicant shall provide a permanent (perpetual) 22 solution to increase parking supply for the project that can include the 23 construction of a second parking garage as shown on the alternate site plan 24 referenced herein and attached hereto as Exhibit "D ", or other viable 25 alternative means as approved by City Council. When the on -site parking is 26 determined to be 90% or more occupied, the shared parking study provided by 27 the applicant shall be considered null and void, and the applicant shall 28 construct the required parking spaces as determined by the City Council. (City 29 Engineer) 30 31 33. Prior to issuance of any Certificate of Occupancy, the applicant shall transfer 32 any surety for completed public improvements and post additional surety as 33 necessary to secure 110% of the cost of construction of the second parking 34 garage located on the west side of the entrance off of Gardens Parkway 35 Boulevard. The City shall not release any surety posted by the applicant for 36 public improvements and the additional surety to be paid by the applicant after 37 completion of said improvements for a period of five years from the date the 38 subject development receives a. Certificate of Occupancy of 80% of the 39 approved square footage for the subject site. (Planning and Zoning, City 40 Engineer) 41 42 43 44 45 46 6. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 23, 2003 Resolution 91, 2003 34. Construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions #31 and 32, shall be completed within one year of City Council approval of additional parking spaces consistent with Conditions #31 and 32. (City Engineer) 35. If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of approval by the City Council for the additional parking spaces, then no additional Certificates of Occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (City Engineer) 36. Prior to the issuance of the first Certificate of Occupancy, the applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley -Horn & Associates, Inc. dated May 2003. (City Engineer) 37. The applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on .the "Alternate Site Plan ", Exhibit "D" attached hereto. Said easement shall be conveyed to the City by a separate instrument within 30 days from the date the City Council approves the additional parking spaces as determined in Conditions #31 and 32 above. (City Engineer) SECTION 5. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: Section 78- 344(I)(1)a, Standard Space, to allow for a 9.5 -foot parking stall width for the two parking garages and the parking area in the south central location of the site along Kyoto Gardens Drive. 2. Section 78 -153, Maximum Building Height, to allow for a height of 45 feet for two -story buildings, 62 feet for the theater building, and 75 feet for the arch feature. 3. Section 78- 344(e), Wheel Stops, to allow for head -to -head parking spaces by eliminating the wheel stops. 4. Section 78- 319(a)(1), Landscape Buffer Width, to allow a zero -foot buffer along Victoria Gardens Drive. 5. Section 78- 320(a)(4), Foundation. Planting, to allow no foundation planting by entrances and service areas. 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 23, 2003 Resolution 91, 2003 6. Section 78 -153, Street Side Setbacks, to allow for a zero -foot setback adjacent to Victoria Gardens Drive. 7. Section 78 -147, Outdoor Sales, to allow for up to seven kiosks on site. 8. Section 78 -285, Permitted Signs,, to allow for six tenant signs for Building A, one tenant sign for Building I, one tenant sign for Building M1, one tenant sign for Building M2, and four project logo signs. 9. Section 78 -341, Intent, to allow for on- street parking along Victoria Gardens Drive. SECTION 6. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Downtown at The Gardens, Site Plan Data, by Cotleur Hearing, revised April14, 2003, Sheet 1. 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003), Sheet 4 (revised April 14, 2003), and Sheet 5 (revised May 22, 2003). 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003, Sheet 6. 4. Site Details, by Cotleur Hearing, revised January 28, 2003, Sheet 7. 5. Landscape Plan, by Cotleur Hearing, Sheets 8 and 9 (revised May 22, 2003), Sheets 10 and 11 (revised April 14, 2003), Sheet 12 (revised May. 22, 2003), and Sheet 13 (revised March 10, 2003). 6. Hardscape Plan, by Cotleur Hearing, revised April 14, 2003, Sheets 14 and 15. 7. 1 ST Floor Plan, 2ND Floor Plan, Floor Plans, Exterior Elevations, MISC. Exterior Details, 1 st Floor Plan, East Parking Garage, West Parking Garage, by OG &P, Sheets A -1.1 — A -6.1, and PGA and PG -2, revised November 15, 2002 (A -1.1 — A -6.1) and March 10, 2003 (PG -1 and PG -2). 8. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated April 10, 2003. 9. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1 -9. 10. Master Sign Plan,, by CommArts, Inc., dated November 15, 2002, Sheets 1 -17. 11. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22, 2003. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 23, 2003 Resolution 91, 2003 SECTION 7. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 8. This Resolution is conditioned upon the City Council approving Resolution 93, 2003, the pending NOPC for the Regional Center. Therefore, this Resolution shall become effective after the appeal period for Resolution 93, 2003 has expired. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: May 23, 2003 . Resolution 91, 2003 PASSED AND ADOPTED this Sr* day of —Jvw%t 72003. CITY OF P BY:— ATTEST: Patrici a -Snider City Clerk AP. PR -TO-YORM AND LEGAL SUFFICIE14CY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:\attomey.sharekRESOLUTIONSXdowntown at the gardens res-91-2003.doe 10 I S, FLORIDA -LEGAL DESCRIPTION PARCEL 27.14 3EING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 BAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SAID 'ARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3EGINNING AT TIME INTERSECTION OF THE WESTERLY LINE OF THAT CERTAIN WATER MANAGEMENT TRACT, AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PAGE 354, PUBLIC RECORDS OF SAID COUNTY, AND THE SOUTHERLY RIGHT -OF- WAY LINE OF GARDENS BOULEVARD, AS RECORDED IN OFFICIAL RECORD BOOK 5072, PAGE 354, PUBLIC RECORDS OF SAID COUNTY; PROCEED SOUTH 09'05'10" WEST, ALONG SAID WESTERLY LINE OF SAID WATER MANAGEMENT TRACT, A DISTANCE OF 303.40 FEET; THENCE SOUTH 80'04'54" WEST, DEPARTING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID WATER MANAGEMENT TRACT. A DISTANCE OF 234.50 FEET: THENCE SOUTH 37'45'07" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 201.89 FEET; THENCE SOUTH 54'53'06" WEST. CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 175.29 FEET TO A POINT ON THE EASTERLY LINE OF VICTORIA GARDENS BOULEVARD (A 110 FOOT WIDE RIGHT -OF -WAY) AS DESCRIBED IN OFFICIAL RECORD BOOK 8292, PAGE 1543, PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 34'33'17" WEST, DEPARTING SAID NORTHERLY UNE, AND ALONG SAID EASTERLY RIGHT -OF -WAY LINE. A DISTANCE OF 51.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 661.20 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6073'09' AN ARC DISTANCE OF 696.86 FEET TO THE POINT OF TANGENCY: THENCE NORTH 25'49'52" EAST. CONTINUING AL014G SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 141.01 FEET TO A POINT ON SAID SOUTHERLY RIGHT -OF -WAY LINE OF GARDENS BOULEVARD; THENCE NORTH 70'49'52" EAST. DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, AND AL014C SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 35.35 FEET; THENCE SOUTH 6410'08" EAST. CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE. A DISTANCE OF 425.19 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1051.45 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08'41'02 ", AN ARC DISTANCE OF 159.36 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 8.28 ACRES. MORE OR LESS TOGETHER WITH; VICTORY GAROE14S BOULEVARD BEING A PORTION OF VICTORIA GARDENS BOULEVARD AS DESCRIBED AND RECORDED IN OFFICIAL RECORD BOOK 0292. PAGE 1543, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. LYING IN SLC710N 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACII GARDENS, PALM BEACH COUNTY, FLORIDA. SAID PARCEL BE114G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 714E INTERSECTION OF THE WE51ERLY LINE OF THAT CERTAIN WATER MANAGEMENT TRACT, AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PACE 354, PUBLIC RECORDS OF SAID COUNTY, AND THE SOUTHERLY RIGHT -OF- WAY LINE OF GARDENS BOULEVARD, AS RECORDED IN OFFICIAL RECORD BOOK 5072. PAGE 354, PUBLIC RECORDS OF SAID COUNTY; SAID POINT BEING A POINT 014 A CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 17'08'51" EAST, SAID CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1051.45 FEET: PROCEED NORTHWESTERLY, DEPARTING SAID WESTERLY LINE, AND ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08'41'02'. AN ARC DISTANCE OF 159.36 FEET TO THE POINT OF TANGENCY; THENCE NORTH 64'10'08" WEST, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 425.19 FEET; THENCE SOUTH 70'49'52" WEST, CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 35.36 FEET TO A POINT ON THE EAST LINE OF VICTORIA GARDENS BOULEVARD (A 110' WIDE RIGHT -OF -WAY) AS RECORDED IN OFFICIAL RECORD BOOK 8292, PAGE 1543, PUBLIC RECORDS OF SAID COUNTY AND THE P0114T OF BEGINNING; THENCE SOUTH 25'49'52" WEST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 141.01 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 661.20 FEET; THENCE SOUTHERLY, ALONG SAID EASTERLY RIGHT -OF- WAY LINE, AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'23'09 ", A14 ARC DISTANCE OF 696.86 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 34'33'17" EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 51.47 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN WATER MANAGEMENT TRACT, AS RECORDED IN OFFICIAL RECORD BOOK 5072. PAGE 354. PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH 34'33'17" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, AND SAID WEST LINE. A DISTANCE OF 278.52 FEET TO A PDIN1 OF CURVATURE OF A CURVE (CONTINUED ABOVE) (CONTINUED FROM BELOW) C014CAVE TO THE SOUTHWEST, HAVING A`1S OF 1261..23 FEET: THENCE Exhibit A SOUTHEASTERLY, ALONG SAID EAST RIG -�Tf4 WAY LINE, AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 20'30'00 , ARC DISTANCE OF 451.26 FEET 10 THE POINT OF TANGENCY; THENCE SOUTH 14'03'17' EAST, ALONG SAID EAST RIGHI -OF -WAY LINE, AND SAID WEST LINE. A DISTANCE OF 82.72 FEET; THENCE SOUTH 75'56'35" WEST, DEPARTING SAID EAST RIGHT -OF -WAY" LINE, AND SAID WEST LINE. A DISTANCE OF 110.00 FEET TO A P0114T 014 THE WESTERLY RIGHT -OF -WAY LINE OF SAID VICTORIA GARDENS DRIVE; THE FOLLOWING FIVE COURSES ARE ALONG SAID WESTERLY RIGHT -OF -WAY LINE; THENCE NORTH 14'03'17' WEST. A DISTANCE OF 82.72 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1151.23'FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'30'00. AN ARC DISTANCE OF 411.90 FEET TO THE POINT OF TANGENCY; THENCE NORTH 34'33'17' WEST, A DISTANCE OF 329.99 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST. HAVING A RADIUS OF 771.20 FEET:. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60'23'09 ". AN ARC DISTANCE OF a)2.79-FEET TO THE POINT OF TANGENCY; THENCE NORTH 25'49'52" EAST, A DISTANCE OF 127.08 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF SAID GARDENS BOULEVARD; THENCE SOUTH 71'23'22" EAST. DEPARTING SAID WESTERLY RICHT -OF -WAY LINE, AND ALONG SAID SOUTHERLY RIGHT -OF- WAY LINE, A DISTANCE OF 110.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.38 ACRES. MORE OR LESS. TOGETHER WITH: PARCEL 27.12 BEING A PARCEL OF LAND LYI14G IN SECTION 6, TOWNSHIP 42 SOUTH, RA14GE 43 EAST. CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THAT CERTAIN WATER MANAGEMENT TRACT, AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PAGE 354, FUBUC RECORDS OF SAID COUNTY, AND THE SOUTHERLY RIGHT -OF- WAY LINE OF GARDENS BOULEVARD. AS RECORDED IN OFFICIAL RECORD BOOK 5072, PACE 354, PUBLIC RECORDS OF SAID COUNTY; SAID POINT BEING A P0114T ON A CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 17'08'51" EAST, SAID CURVE BEING CONCAVE TO THE NORTH, HAV114G A RADIUS OF 1051.45 FEET; PROCEED NORTHWESTERLY, DEPARTING SAID WESTERLY LINE, AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08'41'02 ". AN ARC DISTANCE OF 159.35 FEET TO THE POINT OF TANGENCY; THENCE NORTH 64'10'08" WEST, CON7INUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE. A DISTANCE OF 425.19 FEET; Y RICH THENCE SOUTH 70'49'52" WEST, CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE. A DISTANCE OF 35.36 FEET TO A POINT ON THE EAST LINE OF VICTORIA GARDENS BOULEVARD (A 110' WIDE RIGHT -OF -WAY) AS RECORDED IN OFFICIAL RECORD BOOK 8292. PAGE 1543. PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 71'23'22' WEST, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 110.88 FEET TO A P0114T 014 THE WESTERLY RIGHT -OF -WAY LINE OF SAID VICTORIA GARDENS DRIVE AND THE POINT OF BEGINNING; 1HE FOLLOWING FIVE COURSES ARE ALONG SAID WESTERLY RIGHT -OF -WAY LINE OF SAID VICTORIA GARDENS DRIVE; TITENCE SOUTH 25'49'52" WEST. DEPARTING SAID SOUTHERLY RIGHT -OF -WAY LINE. A DISTANCE OF 127.08 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 771.20 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 60'23'09 ". AN ARC DISTANCE OF 812.79 FEET TO THE POINT 'OF TANGENCY; THENCE SOUTH 34'33'17 "EAST, A DISTANCE OF 329.99 FEET TO A POINT OF CURVATURE OF A CURVE C014CAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1151.23 FEET; THENCE SOUTHEASTERLY. ALONG INC ARC OF SAID CURVE THROUGH A CENTRAL .ANGLE OF 20'30'00 ", AN ARC DISTANCE OF 411.90 FEET TO THE POINT OF* TANGENCY; THENCE SOUTH 14'03'17' EAST, A DISTANCE OF 82.72 FEET 70 A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF KYOTO CARDE145 DRIVE. AS RECORDED IN OFFICIAL RECORD BOOK 8292, PAGE 1543, PUBLIC RECORDS :OF SAID COUNTY; (THE FOLLOWING SIX COURSE ARE AL014C SAID NORTHERLY RIGHT -OF -WAY LINE) THENCE SOUTH 36'10'30' WEST, A DISTANCE OF 313.43 FEET TO A POINT OF A NON- TANGENT CURVE. THROUGH WHICH A RADIAL LINE BEARS NORTH 03'35'59" WEST, SAID CURVE BEING CONCAVE To THE NORTHEAST, HAVING A RADIUS OF 465.87 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 32'32'42, AN ARC DISTANCE OF 264.62 FEET 70 THE POINT OF TANGENCY; THENCE NORTH 61'03'17' WEST, A DISTANCE OF 279.67 FEET; THENCE NORTH 24'53'30" EAST, A DISTANCE OF 29.75 FEET TO A POINT OF A NON - TANGENI CURVE THROUGH WHICH A RADIAL LINE BEARS SOUTH 24'53'30 "'WEST, SAID CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 843.87 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38'52'31 ", AN ARC DISTANCE OF 436.87 FEET TO A P0114T ON A NON- TANGENT LINE; THENCE NORTH 58'42'07" WEST, A DISTANCE OF 1.50 FEET TO A POINT ON •A NON - TANGENT CARVE THROUGH WHICH A RADIAL LINE BEARS SOUTH 77'10'17" WEST, SAID CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS Of 4838.25 FEET; THENCE NORTHWESTERLY, DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE, AND AL0140 THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'01'54 ", AN ARC DISIAFICE OF 593.78 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 3848.42 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03'13'33 ", AN ARC DISTANCE OF 216.67 FEET TO THE POINT OF TANGENCY: THENCE NORTH 02'34'16" WEST, A DISTANCE OF 115.76 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF ALTERNATE A -1 -A, AS RECORDED IN OFFICIAL RECORDS BOOK 3704, PAGE 1091, PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 04'19'55' EAST, AL014G SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 206.45 FEET; THENCE NORTH 01'20'43" EAST, CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 173.57 FEET 10 A P01141 ON THE SOUTHERLY RIGHT -OF- WAY LII4E OF SAID GARDENS BOULEVARD; T14E FOLLOWING FIVE COURSES ARE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE: THENCE NORTH 46'19'52" EAST, DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 35.28 FEET; THENCE SOUTH 80'40'08" EAST, A DISTANCE OF 8.08 FEET TO A P0114T OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 540.87 FEET; ]HENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CE14TRAL A14GLE OF 20'00'00', A14 ARC DISTANCE OF 188.00 FEET TO THE POINT OF TANGENCY; THENCE NORTH ?1-19'52" EAST, A DISTANCE OF 187.80 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO TIDE SOUTH. HAVING A RADIUS OF 455.87 FEET; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 30'03'20', AN ARC DISTANCE OF 244.38 FEET TO A POINT ON A NON- TANGE14T LINE; THENCE SOUTH 26'23'26" EAST, A DISTANCE OF 39.52 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 22.54 ACRES, MORE OR LESS. as ,i A o ; w w ?aa �aIas fl d o � ® 3Z Y N�7 � d e I i all �qp$ ��� �.. � �� u• ..93�;s ��tq`Zt4PTPiPTP� l I� - ✓�� 0 L ~ � d a ti a a I �Q 3 s e h aY p r' M l 00 _V1 I qXUed- 00 ;ua-d0lanaa uivaW IV uM0,2u114 00 U :o W titidcici ¢¢¢ ticici ¢¢a $ cid ¢¢¢ cv ¢ ti ¢ a 5 LU o m m o m a o to ¢`�¢ � mmv=i UUy f p a U �o W 0 0 0 M1 a 3 0 o co ~ a = O � a A 1 � 1 � 1 � I 1 SNIG,YVO 071hfOYl'., aC � 0. l� �G p u 1 w� a 3 is, Q r d � . d •Z'id ---/—'U wuaw I U-44 0-7 UM 00 um zz- CD, co,.... . ..... sr i Ili 4, tv IV, "i, i aw/Gin oq sN3mvD 5T, ul cl, Jl- zz- CD, co,.... . ..... sr i Ili 4, tv IV, "i, i aw/Gin oq sN3mvD 5T, ul cl, �; z z co ©�000 ;--OO1OAa,? 111U.-W cz U1140,,?,UMOa �2 �; z z co ©�000 It jl� a MOO, Nzzc C >a Y N w I � Fli -'If if Flia 4 ' °,•.a . a e: , + . , . I = -.... : IiiiffiiPlifl I °' ffafF 1} I �41i1 I tsh 41•' t I if 0 Q s a if Vi E @Ili iel f ae 1 F IIII E elllll` @ II 1fF F tifil I t ! r r .,• ... -•. �I Sllai 6f9��i�1 11 g'I+liF'g'gggg`�I I'fliI33ll f11H ;9'�i jljp I@ 1i I@ i 1 f19 @ IF v Pl uji, E i ilF le Fi F i4 i t 0.c a u 9 1f. � I "S�I� j'i:l�ti FPp4ailg�s` Q e. a t �'` 1 t l a PIp F 4! I EF f rl i 4 a' a F EI ' II41'5 19 VIf a IFi 91 }� I�a3�l Pf;FIP i:t €Ps IItE @s �9si @s� iI1F11 I.d pe t 9 4 f V 1 Xl 1 � to of l i @I I;; € !4 3 r� r iIIPl i gpt P,I I � 4q f iFrFa` P1 : pi i 1 r j tP 9I !r p ' E ;@ �Bi i II �' tF l s �Sti @i Exhibit "E" Downtown at the Gardens Permitted Uses The following uses are permitted within Downtown at the Gardens: Antique Shop Bakery Barber/Beauty Salon Bookstore Clothing and Accessory Store Convenient Store Department Store (Less than 25,000 square feet) Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric, and Craft Shop Jewelry Store, including Repair of Jewelry and Clocks Nightclub, Bar, or Lounge Pet Grooming Shop Pottery Shop Restaurant, General Restaurant, Specialty Restaurant, Quality Retail, General Showroom, General Bank/Financial Institution w/o Drive Through Banquet Facility * Data Processing Service Dry Cleaning Express or Parcel Delivery Office Health, Physical Fitness, Weight Reduction and Spa Laundry and Dry Cleaning Pickup Station Locksmith Mail and Packing Store, Private Massage Therapist Picture Framing Pharmacy * Photo Studio and Processing Print Shop Studio, Instructional Studio, Professional Tailor Shop Downtown at the Gardens Exhibit `B" Continued Permitted Uses Page Two Travel Agency Video Game and Amusement Parlor Video Rental and Sales Employment Office Interior Design, including Sales Office, Professional and Business Post Office, Accessory Retail Art Gallery Recreation Center, Public Recreation, Commercial- indoor Theater, Indoor Florist Radio /Television Broadcast Studio Satellite Dishes, Accessory * Conditional Use Requiring City Council Approval Cotleur & Hearing Landscape Architects Land Planners Environmental Consultants Monday, September 29, 2003 Talal Benothman, Principle Planner City of Palm Beach Gardens Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Downtown at the Gardens (Regional Entertainment Center) — Site Plan Amendment Application CH #00 -1003 Dear Talal: On behalf of Menin Development, we are pleased to provide you with eight (8) submittal packages associated with a Site Plan Amendment application for the recently approved Downtown at the Gardens development. This package includes the following technical drawings and ancillary documentation required as part of the submittal for Staff review: • Site and Landscape Plans as prepared by Cotleur & Hearing, Inc. • Lake area plan outlining total lake and park buffer areas as prepared by Cotleur & Hearing, Inc. • Architectural Plans as prepared by Oliver, Glidden, Spina and Partners • Engineering Plans as prepared by Michael B. Schorah and Associates • Traffic Statement as prepared by Kimley Horn and Associates • Application Materials (justification statement, revised waivers document, application) On behalf of the Applicant and the design team we are looking forward to working closely with City Staff and would ask that Staff contact any of the professional design and planning team should they have any questions or concerns associated with the submitted materials. Sincerely, Brian Cheg0,enNor Planner Cotleur & Hearing, Inc. Enclosure cc: Maplewood Professional Center 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 Lic.# LC- C000239 561- 747 -6336 FAX 561- 747 -1377 http: / /www.cotleur- hearing.com See above Rob Jacoby / James Mahrer / Michael B. Schorah / John CITY OF PBC, SEP 2 9 2003 PLANNING ; & ZONING DIVISION r OLIVER - GLIDDEN - SPINA & PARTNERS September 29, 2003 ARCHITECTURE • INTERIOR DESIGN, INC. Mr. Talal Benothman Ed Oliver John Glidden City of Palm Beach Gardens Keith Spina 10500 N. Military Trail Danny Brown Palm Beach Gardens, FL 33410 RE: Downtown at the Gardens - Resubmittal Project No. 00192 Dear Talal: As you know, we have been working very hard on modifying a number of key architectural elements for the Downtown at the Gardens project over the past several months. These changes, primarily exterior design revisions, follow the lines of the perspective renderings which we presented to you, Charles and Mayor Jablin several months ago. We believe that the overall changes will ultimately reinvent the project into a more sophisticated, upscale architectural statement as well as adding several major features to enhance the pedestrian movement in and around the center. We greatly appreciate the staffs cooperation in reviewing this material with us and expediting the process through what will hopefully be single Planning & Zoning and City Council meetings. In order to facilitate an overview of our resubmittal, I will outline below the primary areas where the project has been modified. Beyond this, there are obviously a series of very minor adjustments that are relatively inconsequential. The major areas of change are as follows: Shift of vertical circulation core elements - we have modified the location of major vertical circulation elements including elevators, escalators and stairs to create two primary centrally located open core elements to move people into the project and up to the second level. We've also added additional stairs at various locations and increased the width of certain stairs based on some code requirements dictated by the theater. Additionally, we have added a pedestrian bridge which also serves as a first floor canopy connecting building "B" to the East Parking Garage. 2. Change in exterior architectural design - we have modified the general exterior architecture to reflect a more sophisticated upscale solution. This includes a re- definition of the main rotunda in the piazza as well as the addition of a number of new entry feature elements. It also involves reduction of some of the minor ornamentation in favor of new cleaner lines and the introduction of additional awnings and clean window openings. 3. or expansion of the three level parking structure - we have added approximately s in width to the East end of the parking structure to accommodate numerous Cyly 00g pBGv ar where on -grade parking spaces were deleted in favor of additional ��� ���� Ian Gaping and pedestrian circulation. pLAN ING �1�1�1Cc�t�t 1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, FL 33401 - 561.684.6841 - FAX: 561.684.6890 - E -MAIL: info @ogsparchitects.com www.ogsparchitects.com - Lic. No. AA C000669 - IB 0000977 Page 2 September 29, 2003 Mr. Talal Benothman By and large, these items outlined above represent the essence of the changed submittal package. We feel that the project has been greatly enhanced and look forward to the opportunity of presenting the design to the Planning & Zoning Commission and City Council at the upcoming meetings in October and November respectively. We certainly appreciate everything you and Charles have agreed to do to expedite this review process and we stand ready to provide any additional backup or assistance explanations that you might need over the next several weeks. We will be providing additional color renderings to you over the next couple of weeks to assist in following the design changes. Thanks again for your continued positive support and leadership during the project. Very truly yours, J IDDEN Senior Partner JG /cp cc: Craig Menin Rob Jacoby James Mahrer Don Hearing P.IOOIDTN- 01921SUPPORTI TBenofhman092903. wpd t -. <1 Downtown at the Gardens MacArthur Regional Center Development of Regional Impact Parcels 27.12 and 27.14 (Entertainment Parcel) /ntroduction Menin Development Companies, Inc., is seeking site plan amendment approval for a 35.2 -acre parcel located within the Regional Center Development of Regional Impact (DRI). The site will be developed as a 336,305 square foot multi -use commercial /regional entertainment development similar to that of City Place in West Palm Beach and Mizner Park in Boca Raton. The project was adopted by City Council under Ordinance 93 -91 and is consistent with the Regional Center DRI Development Order and the City of Palm Beach Gardens Land Development Regulations (LDR'S) and Comprehensive Plan. This amendment application addresses architectural changes proposed for the various commercial, office and restaurant uses proposed throughout the development, and associated Site, Landscape and Engineering modification in response to those architectural changes. All requested changes /amendments to the Site Plan are consistent with the Regional Center DRI Development Order, the City Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. Amendments to the Approved Plan The significant amendments to the approved plan include the following Site Plan, Landscape Plan, Architectural, and Engineering Plan items: Architectural modifications to the building design and facades throughout the j development /• Reduced theatre seating and corresponding increase in retail square footage Increased parking within east parking garage e-1-4 = (61" -- > 40'`) f, It Increased pedestrian and green ,space area along east side of development (adjacent to parking lots) �•� Revised on- street parking along Victoria Gardens Drive (handicapped spaces relocated to parking garage) Fr2 ect Team "`t -2- i PROPERTY OWNER J.: L GHT /NG ENGINEER MENIN DEVELOPMENT COMPANY OMPSON ENGINEERING CONSULTANTS 201 NORTH US HIGHWAY 1, SUITE D5 0 WEST LINTON BOULEVARD JUPITER, FLORIDA 33477 ELRAY BEACH, FLORIDA 33444 PHONE: 561-747-4883 PHONE:561- 274 -0200 CONTACT: ROBERT JACOBY, CEO 7��( � CONTACT: MATT THOMPSON PE 1 Downtown at the Gardens Narrative August 23, 2002 D E I /E L O P E R/A PP L /CAN T MENIN DEVELOPMENT COMPANY 201 NORTH US HIGHWAY 1, SUITE D -5 JUPITER, FLORIDA 33477 PHONE: 561 - 7474883 CONTACT: ROBERT JACOBY, CEO AUTHOR /ZED AGENT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 PHONE: 561 - 747 -6336 CONTACT: DONALDSON HEARING DES /GNARCH /TECT OLIVER GLIDDEN PARTNERS 1401 FORUM WAY, SUITE 100 WEST PALM BEACH, FLORIDA CONTACT: JOHN GLIDDEN, AIA ARCH /TECT OF RECORD JPRA ARCHITECTS 31000 NORTHWESTERN HIGHWAY SUITE 100 FARMINGTON HILLS, MI 48334 -2585 PHONE 561 -968 -0080 CONTACT: CRAIG PUSEY, PSM SME DATA TRAFFIC ENG /NEER KIMLEY- HORNE AND ASSOCIATES 4431 EMBARCADERO DRIVE WEST PALM BEACH, FLORIDA 33407 CONTACT: JOE POLLOCK PE PHONE: 5614 - 845 -0665 CIVIL ENG /NEER M.B. SCHORAH AND ASSOCIATES 1850 FOREST HILL BOULEVARD, SUITE 206 WEST PALM BEACH, FLORIDA 33406 PHONE 561- 968 -0080 CONTACT: MIKE SCHORAH, PE PLANNERS / LANDSCAPEARCH /TECT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 33401 JUPITER, FLORIDA 33458 PHONE: 561 - 747 -6336 CONTACT: ROBERT COTLEUR, ASLA DOWNTOWNA T THE GARDENS SME DA TA TOWNSHIP: 41 S. RANGE: 43 E. SECTION: 6 REGIONAL CENTER PARCELS 27.14 AND 27.12 LAND USE DESIGNATION EXISTING ZONING DESIGNATION: Cotleur Hearing 1934 Commerce Lane, Suite 1 ,> Jupiter, Fladcla 33458 ` 561 747 6336 Fax 747 1377 E SURVEYOR LANDMARK SURVEYING 1850 FOREST HILL BOULEVARD, SUITE 206 WEST PALM BEACH, FLORIDA 33406 PHONE 561 - 968 -0080 CONTACT: CRAIG PUSEY, PSM C /PO PCD /DRI Downtown at the Gardens Narrative August 23, 2002 PBG PETITION NO.: FEMA FLOOD ZONE PANEL NO: TOTAL SITE AREA PROPOSED USES NEIGHBORHOOD COMMERCIAL RETAIL & RESTAURANTS CINEMA (3130 SEATS) PROFESSIONAL OFFICE TOTAL BUILDING AREA TOTAL GROUND FLOOR AREA MAXIMUM BUILDING HEIGHT BUILDING STORIES PHASING NUMBER OF BUILDINGS TYPE OF OWNERSHIP LAND USE ALLOCATION BUILDING LOT COVERAGE VEHICULAR USE AREAS RIGHTS OF WAY COMMUNITY SERVING OPEN SPACE OPENSPACE, BUFFERS & PLAZAS TOTAL SITE AREA OPEN SPACE CALCULATIONS PERVIOUS OPENSPACE & BUFFERS SUBTOTAL IMPERVIOUS BUILDING LOT COVERAGE VEHICULAR USE AREAS WALKS, COURTYARDS .& PLAZAS SUBTOTAL TOTAL PARKING CALCLUATIONS PROPOSED USES N Cotleur Hearing 3 1934 Commerce Lane, Suite 1 Juptter, Florida 33458 561 747 6336 Fox 747 1377 SP -01 -03 B -2 /120221 0002 B 35.20 ACRES 26,000.00 SF 222,218.00 SF 68,087.00 SF 20,000.00 SF 336,305.00 SF 240,438.00 SF 75 FEET 2 STORIES 1PHASES 14 PRIVATE ACRES PERCENT 5.52 15.68% 18.41 52.31% 2.39 6.78% 1.00 2.83% 7.88 22.39% 35.2 100.00% ACRES PERCENT 6.59 18.72% 6.59 19% 5.52 15.68% 19.54 55.51% 3.55 10.09% 28.61 81% 35.2 100.00% REQUIREMENT REQUIRED Downtown at the Gardens Narrative August 23, 2002 NEIGHBORHOOD COMMERCIAL: 26,000 SF 1/250 SF 104 RETAIL COMMERCIAL: 145,745 SF 11250 SF 589 1 PER 3 CINEMA: 3130 SEATS SEATS 1043 PROFESSIONAL OFFICE: 20,000 SF 1/300 SF 67 RESTAURANT: 75,000 SF 1/150 + 1/250 800 SUB TOTAL 2603 SHARED PARKING REDUCTION* 599 REQUIRED PER SHARED PARKING ANALYSIS 2004 PARKING PROVIDED GRADE PARKING 1323 EAST PARKING GARAGE 681 SUB TOTAL (TOTAL REQUIRED BY SHARED PARKING) 2004 CONTINGENT PARKING WEST GARAGE 547 GRADE SPACES REMOVED -121 FOURTH LEVEL EAST GARAGE 173 SUB TOTAL (ADDITIONAL PARKING IF REQ'D) 599 TOTAL PARKING (INCLUDES CONTINGENT PARKING) 2603 HANDICAP (INCLUDED IN TOTAL) 2 PERCENT 40 LOADING CALCULATIONS BUILDING SF REQUIRED PROVIDED A 122,734 2.5 3 B/C 43,678 1 2 D /E /F /K/L 109,085 3 4 G /H /I /J 48,028 1 3 M1 /M2 12,780 1 1 TOTAL 8 13 BIKE PARKING MINIMUM REQUIRED (5% OF REQUIRED) 104 TOTAL PROVIDED (18 -6 BIKE RACKS) 108 Cotleur Hearing 4 1934 Commerce Lane, SuBe 1 Jupher, Florida 33456 " °`' 561 747 6336 Fax 747 1377 t Downtown at the Gardens Narrative August 23, 2002 * SEE SHARED PARKING ANALYSIS TABLE BUILDING DATA NO. OF FLOORS SQUARE FEET BUILDING A 2 122,734.00 BUILDING B/C 2 43,678.00 BUILDING D 2 26,083.00 BUILDING E 1 12,500.00 BUILDING F 1 10,992.00 BUILDING G 1 17,756.00 BUILDING H 1 10,000.00 BUILDING I / J 1 20,272.00 BUILDING K 1 34,000.00 BUILDING L 2 25,510.00 BUILDING M 1 6,390.00 BUILDING N 1 6,390.00 TOTAL BUILDING AREA 336,305.00 Conclusions All development order regulations of the City of Palm Beach Gardens Comprehensive Plan, Land Development Regulations and those of the Regional Center DRI have been met by this application. The proposed development plan is consistent with the surrounding uses both interior and exterior to the site. Development of the site as proposed by this application will maintain the compact urban city center that is consistent with the desired development of this parcel by the City of Palm Beach Gardens. This amendment is required to integrate necessary building and site design modifications into the adopted plan to ensure the development can proceed to construction in a timely manner. The Applicant is looking forward to working closely with Staff throughout the review process. ra? Cotleur Hearing 5 1934 Commerce Lane, Sulte 1 Jupiter, Ftodda 33458 561 747 6336 Fax 747 1377 Downtown at the Gardens Waiver Request Document Parcels 27.12 and 27.14 Regional Center Development of Regional Impact lt?&oduction: (Revised 09/29/03) Menin Development Companies, Inc. is seeking approval for two (2) additional waivers above and beyond the twelve (12) waivers as approved by City Council by way of Ordinance 93 -91 and as permitted in the City of Palm Beach Gardens Land Development Regulations (LDR) for various development regulations pertaining to the Downtown at the Gardens Site Plan Approval application. The 35.2 -acre parcel is located in the northwest quadrant of the intersection of PGA Boulevard and Alternate A- 1-A, in the Regional Center Development of Regional Impact. The site is designated as Professional Office (PO) on the City's Future Land Use Map and as a Planned Commercial Development by the City's Zoning Code. The site will be developed as a 336,305 square foot multi -use commercial development similar to that of City Place in West Palm Beach and Mizner Park in Boca Raton. The project will be called Downtown at the Gardens and is consistent with the Regional Center DRI Development Order and the City of Palm Beach Gardens LDR'S and Comprehensive Plan. The project, as proposed, is compatible with the character of the surrounding area. The project is also consistent with the City's Comprehensive Land Use Plan and the requirements of the Land Development Regulations. 4 N Wl .;`' Cotleur & Hearing 1934 Commerce Lane, Suite 1 Jupftec Florkla 33458 561 747 6336 Fox 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 Waiver Requests: ["indicates previously approved waiver via Ordinance 93 -91] 1) '`OffStreet Parking and Lauding Sec&on78- 344(1)(1)(b)&(c), Figure 15, Paf king Stall and Bay Dimensions The applicant is requesting a waiver from the minimum dimensions for retail parking spaces for limited areas of the site as provided for in Table 32. The LDR under this section allows for a reduction of parking space widths from ten (10) feet to nine and one half (9.5) feet for retail use. The reduced spaces will be located in two retail parking lots located along the north property line approximately central and along the south property line approximately central. The reduced parking area will allow for increased permeable area throughout the site. These lots are not the principal parking areas for the site. Reduced parking stalls will contribute to increased planting areas in the location of terminal islands and adjacent greenspace areas. 2) "Maximum Height Section 78 ->53 Nonresidentia /Zoning District Regulations - Tab /e 12 Downtown at the Gardens is requesting a waiver by City Council from the maximum building height requirement of 36' or two- stories, which ever is less, for Commercial properties as denoted by Section 87 -153, Table 12 of the City of Palm Beach Gardens Land Development Regulations. The project's diverse architecture will provide a variety of vertical elevations. The one - story buildings are proposed at 26' to the top of the parapet. The two -story buildings are proposed at 45' to the top of the parapet with some architectural features extending above. The movie theater building is proposed at 60' to the top of parapet with an architectural feature extending to 74'. Therefore, it is requested to allow a maximum building height of 74' in order to provide architectural significance and interest to the project, while not exceeding two stories of usable floor area. Parcels 27.12 and 27.14 of the Regional Center DRI are known as the "Entertainment Site" and require a project of special significance that is unique to Palm Beach Gardens and Palm Beach County. Downtown at the Gardens provides such a project. A review of the project's architecture will reveal many varied facades with elevated rooflines and arcade features extending into open spaces. These details add interest to the space while making shopping and entertainment an experience that will cause people to visit Downtown at the Gardens and spend the day. Additionally, a waiver from the maximum building height is requested in order to be consistent with the predominate height of the majority of commercial use buildings of the area. These buildings include the Gardens Mail, Good Sam North, Veridian (under construction), Stiles (Bank One Building), the 3801 Building and Gardens Plaza (under construction). Each of these buildings defines the dominant vertical scale of the area. It Cotleur & Hearing 2 1934 Commerce Lane, Sufte 1 Jupfter, Florida 33458 561 747 6336 Fax 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 is necessary to exceed the maximum 36' height regulation in order to provide significant architectural interest and to be consistent with the existing buildings of the immediate area. 3) marking Stall Wheel Stop Waiver Section 78- 344(e) Wheel Stops The applicant is requesting a waiver from Section 78- 344(e) of the Land Development Regulations that states, "Wheel stops, bumper stops, or nonmountable concrete curbing shall be installed within all parking spaces ". Section 78- 344(e) further states, "The purpose of such parking control devices is to avoid encroachment into landscape areas, or avoid encroachment of parked cars into travel aisles or pedestrian facilities ". It is requested that wheel stops are not installed in the head to head parking stalls. Wheel stops present a potential hazard for head to head surface parking stalls. Drivers tend to drive over them and damage their vehicles. Downtown at the Gardens will meet the stated purpose of Section 78- 344(e) while not installing wheel stops. All vehicular parking abutting landscape and pedestrian sidewalks will be provided with nonmountable concrete curbs and there are no parking stalls which require wheel stops to prevent vehicular encroachment into travel isles. Where parking spaces abut sidewalks, 7' wide sidewalks are provided to ensure ample room to accommodate both vehicle overhang and pedestrian activity. Landscaped diamonds will be installed at regular intervals between the head to head parking stalls with landscaping and /or lighting fixtures. Approval of this request will not be in conflict with the stated purpose of Section 78- 344(e), and therefore, should be approved. 4) '`On Street Parking Transportation Element Policy 2.13.1 Policy 2.13.1 of the Transportation Element allows on- street parking with City Council approval, provided safety and efficient traffic flow are maintained. Policy 2.13.1 states, "The City shall generally prohibit on- street parking on all arterial and Neighborhood collector roads. On- street parking may be allowed, with City Council approval and as necessary the approval of the agency having jurisdiction over said roadway, when the design of the roadway in relation to adjacent uses maintains safe performance standards and efficient traffic flow ". City Council approval is requested to permit a limited number of on- street parallel parking stalls along Victoria Gardens Drive. Victoria Gardens Drive is not an arterial or neighborhood collector and is identified on the City's linkages plan as a tertiary road. On- street parallel parking spaces provide traffic calming and assist in the integration of the pedestrian, the waterfront and the project. Driver's actions are changed with on- street parking. Drivers slow as they are looking for parking and as other cars are attempting to park on the street. On- street parking in this location brings the pedestrian immediately adjacent to the waterfront promenade and to the development. This provides convenience and a sense of place while promoting interaction with the lakefront and the project. Cotleur & Hearing 3 1934 Commerce Lane, SuRe 1 Jupher, Florida 33458 561 747 6336 Fox 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 5) "Minimum Landscape Suffers Section 78319(a)(1) Minimum landscape butler and planting requirement Section 78- 319(a)(1) requires a minimum 15' wide landscape buffer for lands located adjacent to public rights -of -ways less than 100' in width. A waiver to this requirement is requested for portions of the property located adjacent to Victoria Gardens Drive. All other right -of -way buffers have been provided by this application. As evident from review of the site plan, the project is encouraging integration of the lakefront promenade with the overall project. Within the lakefront promenade area, benches, gazebos and other pedestrian amenities are provided to encourage the use of the waterfront. The project envisions people intermingling between the waterfront, the streetscape of Victoria Gardens Drive and the shopping /dinning facilities of the project. People will socialize along the waterfront while enjoying a cup of coffee and possibly a jazz band. An urban experience will be created that integrates the waterfront promenade, the pedestrian sidewalk along Victoria Gardens Drive and the shopping and dinning experience of Downtown at the Gardens. The installation of a 15' wide landscape buffer, which includes trees and a continuous hedge, will act as a barrier to the integration of activities. Pedestrians will either walk through the buffer or be required to walk significant distances to an access point. It is the desire of this project to directly connect the pedestrian activities of the waterfront with the pedestrian activities of the interior of the site. The installation of a 15' buffer will create a visual and physical barrier to that goal. 6) ''"foundation and Landscape Planting LDR 78-320(a)(4), Minimum standards Section 78- 320(a)(4) of the Palm Beach Gardens Land Development Regulations requires foundation plantings for all building facades that directly abut a parking or vehicular use area. A waiver for a limited portion of the site is requested as provided in Section 78- 320(a)(4) which states, "Building foundation landscaping may be reduced or eliminated by action of the city ". Downtown at the Gardens is an urban project that provides extensive landscaping and pedestrian amenities throughout the site. Urban projects attempt to define the street edge with buildings that are pushed forward to enframe the street. In certain areas of Downtown at the Gardens, due to the unique architecture of the project and also to accomplish pedestrian interaction, foundation plantings would not be conducive to that urban project goal. The following table outlines the areas of buildings fronting vehicular use and parking areas and the amount of proposed foundation plantings to be provided. Cotleur & Hearing 4 1934 Commerce Lane, Sulte 1 Jupiter, Florida 33458 561 747 6336 Fax 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 Building I °Q. ;LmearxFrontage ;Proposed P- ercentage of _Comments . Jupiter, Florico 33458 (parking area or ';Foundation �founda ion.-,. road :area) °Plantings Yto ?be Plantings to `'be " provided '(linear provided ' Meet Building A 549' road & 365' 66% Entrances parking areas excluded Building B & C 399' road 230' 58% Multiple entrances, canopied area Building E 215' road 40' 19% Entrances excluded Building G 165' road 70' 42% Entrances excluded Building H 289' parking 133' 46% Building I/J 237' parking 170' 72% Entrances excluded Building K 220' parking 100' 45% Entrances excluded, service area Building L 171' parking 100' 59% Building M 105' road 105' 100% 7) '""Street Side Set&cks Section 78 -153 Nonresidentia /Zoning District Regulations -Tab /e 12 Downtown at the Gardens is requesting a reduction in the street side setback requirement for commercial districts. It is requested to allow a minimum 0' street side setback for buildings adjacent to Victoria Gardens Drive. Victoria Gardens Drive will exist as a Perpetual Public Access Easement (P.P.A.E.) and will further the developer's intended goal to achieve an urban style development similar to that of City Place in downtown West Palm Beach. The purpose of required setbacks is to lessen impacts of a particular development to adjacent properties. In this instance, there is no adjacent development and therefore, no impacts. East of Victoria Gardens Drive is a pedestrian pavilion and lake front that is being improved by this applicant. It is important to bring the buildings forward in order to connect the project, the street and the lakefront activities. Additionally, based on current planning theory, it is desirable to push buildings forward to create a sense of place by allowing buildings to enframe streets. 8) 'Distance Limitations Between Vendor and Church Section 6-4(b) Restaurants sewing alcohol for on premises consumption Downtown at the Gardens is requesting a waiver from the distance separation required between proposed on -site restaurant uses to be located at the Downtown site and off- site church uses potentially located within 700 feet of the property. Cotleur & Hearing 5 1934 Commerce Lane, Suite 1 Jupiter, Florico 33458 561 747 6336 Fox 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 9) "permitted Signs Section 78-285 Permitted Signs A comprehensive signage program has been established for Downtown at the Gardens which will effectively remain consistent with elements of the required MacArthur Center signage while integrating modern updated elements to create an energetic feel to the spaces located throughout the development. A hierarchy of signage includes primary building signage (permitted by- right), individual tenant signage (permitted by- right), requested tenant signage (by waiver — attached), and project identification and logo signage (permitted by- right). In taking considerable care to identify the location and size of the majority of the typical tenant and building signage (well under the maximum size requirements prescribed in the LDR's), for improved aesthetic design purposes, the Applicant is respectfully requesting that language in the Development Order include a condition that permits flexibility in the size, shape, and location of tenant signage of up to twenty (20) percent as a minor modification to be addressed administratively by Staff, while not exceeding the maximum requirements outlined within the City's LDR's. The Applicant is also requesting a waiver from the requirements for the number of signs allowed for the purpose of adding additional tenant signage on the exterior face of various buildings for tenants located within the interior of the project (with no direct access or view to adjacent roadways and parking areas), and one additional project identification sign to be located along PGA Boulevard. 10) "permitted Signs Section 78-284(e) Prohibited Signs As part of the overall signage program included with the submittal package for the I regional entertainment development, the Applicant is proposing to introduce a unique and significant "video wall" sign to be located within the interior courtyard area of the development. The sign will be used for the purpose of "simulcasting" special public and private events held at the amphitheatre. It has the potential to be used for news and city- related notices at other times. The proposed video wall sign will be limited in size to I maximum of twenty (20) feet in height. It will not be visible from any public thoroughfares, such as Alt. A1A, Gardens Boulevard, or Kyoto Gardens Boulevard. Adjacent properties will not be adversely affected by the proposed electronic sign due to distance separation and the interior courtyard location of the sign. The Applicant is requesting a waiver from the requirements of Section 78- 284(e) "Prohibited Signs — Prohibited sign characteristics" to allow for a unique video wall sign to be located within an internal courtyard and with no off -site or public right -of -way obstruction. 11) Permitted Signs Section 78-285 Permitted Signs The Applicant is requesting a waiver from the maximum letter size requirements for "FlatNVall sign for Principal Structure or Principal Tenant" for the principal theatre tenant at Downtown at the Gardens. The maximum letter size permitted for principal tenant Cotleur & Hearing 6 1934 Commerce lane. Suite 1 JupRec Florida 33458 561 747 6336 Fax 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 signage is thirty -six (36) inches. The applicant is proposing forty -two (42) inch letters (an increase of less than 15% above the maximum letter size required. The Applicant is requesting the minor increase in letter size to allow for the sign to read well in relation to the large wall surface area on which it will be located. Maintaining a sense of scale for the principal tenant signage would be aesthetically pleasing and better convey the significance of the tenant in relation to other secondary and tertiary tenants within the multi -user development. 12) Permitted Signs Section 78-285 Permitted Signs V The Applicant is requesting a waiver for up to seven (7) Project I.D. Signs, identifying "Downtown ", proposed to be located on:- the facades of four buildings at various significant locations throughout the development and at significant points of—entry to the development. These reque ed signs have- been-- previo Isu y approved in concept as part of the Comm Arts Master Sign Package, and are now required to be applied for as a waiver as they do not fit within any category of Section 78 -285; Table 24 Permanent Signs as they will be attached to the building but are not related to principal or secondary tenants within the respective buildings on which they are located. The justification for the project identification signs is to notify patrons and passers by that this development is the City's "Downtown" and the location of these particular signs are such that both pedestrian and vehicular traffic will be able to readily identify this significant site within the City. 13) 10utdoorSa /es Kiosks No Applicable Code Section The Applicant is requesting a waiver to allow a limited number of kiosks and pushcarts to be operated at designated locations within the development. Kiosks and pushcarts will be regulated to sell only products that are consistent with the approved permitted use list for the retail /commercial uses for the DRI. The kiosks and pushcarts will be located so as not to be readily visible from any public rights -of -way adjacent to the site. They will generally conform to the conceptual design studies for size and architectural style identified as Retail Cart — Studies A, B, and C included in the Site Amenities package of the application. The inclusion of these sales kiosks and pushcarts within the development will lend to the eclectic nature of the mix of commercial /retail uses and activate otherwise vacant outdoor space. Specific locations that can readily accommodate such mobile sales vendors will add to the energy and life of the development. 14) ''"Make Maintenance Tracts Section 78- 563(e) Improvements Prohibited The Applicant is requesting a waiver to allow for additional plantings within the required twenty (20) foot lake maintenance easement (LME) specified around the North Palm Cotleur & Hearing 7 1934 Commerce Lane, Suite 1 JupBec Florida 33458 561 747 6336 Fox 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 Beach County Improvement District Lake. The Applicant is proposing to provide plantings within the outer most five (5) feet of the LME to provide pedestrian amenities (shade) for persons utilizing the lake trail. The intent of the plantings in the LME is to maintain and convey a more natural setting for the benefit of the public. To the greatest extent possible the Applicant will comply with the required twenty -foot unencumbered LME. Cotleur & Heoring 8 1934 Commerce Lane, SuBe 1 Jupiter, Flodoo 33458 561 747 6336 Fax 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 DOWAMOWNAT THE GARDENS WA /VER REQUESTS ;- :WAIVER -`: A:PPLI;CABLE REQUIREM,E`NT PROPOSED 'DEVIATION REQUEST ;CODE SECTION f' t. * *PARKING Section 78- Off - street Off - street Waiver of 6" STALL WIDTH 344(1)a Parking Spaces parking 9'6" from the min. 10'0" for requirement for retail uses retail parking spaces * *HEIGHT Section 78- Max. 36' or two One story - One story - 0' 153; Table 12 stories, which 25' Two story - 9' ever is less Two story - Movie theater - 45' 26' Movie Arch. feature - Theater - 62' 39' Arch. feature - 75' * *PARKING Section 78- Wheel stops in No stops in Partial waiver STALL WHEEL 344(e) all parking stalls head to head from the STOPS stalls requirement only for head to heads aces * *ON- STREET Policy 2.13.1 On- street On- street Request City PARKING Transportation parking is parking along Council Element "generally" Victoria approval as prohibited Gardens permitted by unless approved Drive Comp. Plan. by City Council * *MINIMUM Section 78- Minimum 15' None Waiver from LANDSCAPE 319(a)(1) adjacent to adjacent to the BUFFER public rights -of- Victoria requirement in WIDTH ways Gardens one area Drive * *MINIMUM Section 78- Foundation None in Wavier from FOUNDATION 320(a)(4) plantings limited areas the PLANTING required where requirement in buildings abut limited areas vehicular use areas * *STREET SIDE Section 78- CG -1 district 0' adjacent to 40' Cotleur & Hearing 1934 Commerce Lane, Sulte 1 Jupiter, Florida 33458 561 747 6336 Fax 747 1377 Waiver Justification Downtown at the Gardens September 29, 2003 SETBACKS 153, Table 12 requires 40' Victoria Gardens Drive * *DISTANCE Section 6.4(b) Sale of alcoholic Sale of Waiver from LIMITATION beverages for alcoholic the distance BETWEEN consumption on beverages limitation to VENDOR AND premises within allow sales of CHURCH prohibited within restaurant alcoholic 700' of religious uses located beverages less institution internal to than 700' feet the site from a religious within 700' of institution religious institution * *SIGNAGE Section 78- Permitted Signs No. of signs, Waiver from 285 for non- size of signs, various design residential type of signs requirements zoning districts as per the MacArthur Center Master Sign Plan and provisions of Table 24:Permanent Signs * *SIGNAGE Section 78- Prohibited Signs Typically Waiver from 284(e) for non- electronic the "Prohibited residential messaged Sign zoning districts signage is Characteristics" not permitted for the within the inclusion of one City non - passive type sign to be located in a specific internal location SIGNAGE Section 78- Permitted Signs Maximum Waiver from 285; Table 24 for non- Principal maximum residential letter size of principal tenant zoning districts 36 inches sign letter size of 36 inches to Cotleur & Hearing 10 1934 Commerce Lane, Sune 1 Jupiter, Flordo 33458 561 747 6336 Fax 747 1377 �e vi Waiver Justification Downtown at the Gardens September 29, 2003 **indicates previously approved waiver via Ordinance 93 -91 Cotleur & Hearing 11 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 561 747 6336 Fox 747 1377 allow 42 inch letters SIGNAGE Section 78- Permitted Signs Not To allow up to 285 for non- contemplated four (4) project residential identification zoning districts signs on building walls within the development * *OUTDOOR No Applicable City prohibits Typically Waiver SALES Code Section outdoor sales outdoor sales requested for KIOSKS kiosks kiosks are specially not permitted designated within the kiosk areas City (approx. (6)) under strict management by the property owners. * *LAKE Section 78- Permanent Plantings not Waiver to allow MAINTENANCE 563(e) improvements permitted five feet TRACTS with within encumbrance the LME into the LME for trees and plantings **indicates previously approved waiver via Ordinance 93 -91 Cotleur & Hearing 11 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 561 747 6336 Fox 747 1377 Kimley -Horn and Associates, Inc. Memorandum 4431 Embarcadero Drive West Palm Beach,.Fivrida 33407 To: Talal Benothman From: Christopher W. Heggen, P,E. Date:. October 23, 2003 Re: Downtown at the Gardens Site Plan Modification 040854000 We have reviewed the memorandum dated October 22 2003 from MTP Group, Inc. . regarding the traffic and parking analysis that we performed to address the proposed: change in cinerna and retail intensities at the Downtown at the Gardens project: Additionally, in a phone conversation with staff from MTP Group, Inc.; we discussed the. methodology used to determine the parking supply and also the City - approved conditions in place regarding parking supply at the site. Based on our discussion. with MTP Group, Inc., it is our understanding that the text in the October 22, 2003 memorandum was primarily intended as a statement of how the parking supply was calculated as opposed to a comment that would require revisions . to the analysis. It should be noted that the proposed. parking; reduction is based on a.direct trade -.off using the same parking ratios used in the previous analysis for cirnerna and retail uses. This reduction in parking supply is relatively minor: it results in a decrease of 12 parking spaces from the original 2,016 that were proposed. This represents a'change in 0.6% of the overall supply for the site, In addition, as acknowledged in the memorandttn from MTP. Group, Inc., the development order conditions requiring annual tztonitoring of actual parking.demand on the site and the provision of additional parking supply,,should the supply provided determined to be insufficient, remain in place. The memorandum also points out that "[tlbis condition assures adequate parking is provided based on existing demand. Therefore, we expect that the new required parking supply of 2,004 parking spaces as determined in our analysis will adequately accommodate parking; demand at the site. Even if this supply proves to not adequately accommodate actual demand, conditions are in place to ensure that additional parking; supply will be provided on site if needed in the future. Should you have any questions regarding this information, please call me. lcwh Cc: lames Mahrer, Menin Development Don.Hearing, Cotleur & Hearing P:1040a \- -, (lfib,0903traf ic\l.023031b xespali)c; TEL 561 845 0665 FAX 561 863 .6175. ❑�❑ Kimley -Horn and Associates, Inc. September 29, 2003 Mr. Talal Benothman City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Downtown at the Gardens Site Plan Modification Traffic and Parking Determination 040854000 Dear Mr. Benothman: A minor modification has been proposed in the previous approval for the Downtown at the Gardens project. Table 1 illustrates the comparisons between the approved and currently proposed square footages. TABLE 1 Summary of Land Uses and Intensities Use Approved Development Plan Proposed Development Plan Net Difference Regional Commercial 145,745 s.f. 147,218 s.f. + 1,473 s.f. Neighborhood Commercial 26,000 s.f. 26,000 s.f. -- Restaurant 75,000 s.f. 75,000 s.f. -- Cinema 3,220 seats 3,130 seats - 90 seats Business Office 20,000 s.f. 20,000 s.f. -- This site plan change is allowed by the recently adopted Notice of Proposed Change (NOPQ for the Regional Center. That NOPC established a minimum threshold for the cinema use at 2,960 seats and a maximum threshold at 3,400 cinema seats. The creation of additional cinema seats is accomplished through a tradeoff of retail square footage using a tradeoff rate of 1 s.f. retail= 0.0611 cinema seats ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 The previously approved site plan was created based on a tradeoff of 4,255 square feet of retail to allow a total of 3,220 cinema seats. The currently - proposed plan instead seeks to only convert 2,782 square feet of retail to al16VIa` 1 total of 3,130 cinema seats. Because the tradeoff is based on approved conversion rates determined by the approved NOPC, the change will not increase the traffic impacts of tke'�overall 15 ■ TEL 561 845 0665 FAX 561 863 8175 ❑�❑ Kimley -Horn Mr. Tala] Benothman, September 29, 2003, Page 2 and Associates, Inc. Regional Center Development of Regional Impact (DRI). The analyses summarized in this letter were performed to update the site - specific traffic and parking analyses that were previously performed during the site plan approval process. Traffic Generation Comparison A comparison was undertaken to determine the difference in trip generation potential between the currently approved plan and the proposed plan of development. Tables 2 and 3 summarize the calculations that were undertaken. As shown in Table 2, the previously approved project was expected to generate 9,760 daily trips, 310 a.m. peak hour trips, and 880 p.m. peak hour trips. As shown in Table 3, the currently proposed project is expected to generate 9,756 daily trips, 311 a.m. peak hour trips and 880 p.m. peak hour trips. The net change in trip generation potential is a reduction of 4 daily trips, an increase of 1 a.m. peak hour trip, and no change in p.m. peak hour trips. This analysis indicates that the change in trip generation potential between the proposed and approved uses is negligible. Therefore, the conclusions previously determined with respect to future intersection level of service and the need for turn lanes at site driveways remain unchanged. Parking Supply Determination A total supply of 2,016 parking spaces was originally approved for the previous site plan based on a shared parking analysis. One of the conditions of that approval required that the actual parking supply be monitored on an annual basis to determine actual demand. In the event that the actual parking demand exceeds the provided supply, the applicant is required to construct additional parking spaces to accommodate actual demand. Based on the currently proposed plan, the site will have 90 fewer cinema seats and 1,473 additional square feet of retail. The net change in parking is: - 90 seats x 1 space /5 seats* _ - 18 parking spaces + 1,473 s.f. x 1 space /250 s.f. _ + 6 parking spaces NET CHANGE _ -12 parking spaces *based on alternate parking ratio used in shared parking analysis. City code parking ratio = 1 space per 3 seats, which would result in a reduction of 30 parking spaces if this rate was applied instead. Therefore, the required parking supply for the currently proposed site plan would be 2,004 parking spaces. The provision requiring that the applicant to provide additional parking spaces up to the Code parking requirement, should the annual parking study deem them necessary, will still be in effect. ❑�❑ Kimley -Horn � and Associates, Inc. Mr. Talal Benothman, September 29, 2003, Page 3 Conclusion Therefore, the proposed site plan, which includes uses and intensities allowed under the approved NOPC for the overall Regional Center, does not result in any site - specific traffic impacts beyond those determined for the previously- approved site plan. Additionally, based on the changes between the approved site plan and the proposed site plan, the total parking supply expected to be necessary for the project is 2,004 parking spaces. The condition requiring annual monitoring of parking demand and the provision of additional parking should the provided supply be inadequate shall remain in effect. If you have any questions or require additional information related to parking or traffic impacts related to the proposed site plan, please call me at 845 -0665. Sincerely, �jM,I,,EY -HORN AND ASSOCIATES, INC. A Christopher.W. ktl .gen, P.E. e T arisportatiorf- Engineer Florida Ft�gi�t\�ticfn hamtiex;BZo� _ngiffiee A usiness NuTrilir�i° ��6 /cwh Attachments cc: Don Hearing, Cotleur & Hearing James Mahrer, Menin Development Maria Tej era, MTP Group, Inc. P:\0408\54000\092603tb.doc Ll ° ❑M❑ Kimley -Horn and Associates, Inc. p: 1040815400010903rrt icl /tnpgencomp..rlslrripgen -menin approved TABLE 2 DOWNTOWN AT THE GARDENS APPROVED TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In 1 Out Total I In I Out Trips Approved Site Traffic Regional Commercial 145,745 S.F. 8,685 200 122 78 805 386 419 High- Turnover (Sit -Down) Restaurani 30,000 S.F. 3,910 278 145 133 326 196 130 Quality Restaurant 45,000 S.F. 4,048 36 18 18 337 226 111 Neighborhood Commercial 26,000 S.F. 2,867 72 44 28 258 124 134 Movie Theater 3,220 seats 1,385 28 21 7 81 61 20 Business Office 20,000 S.F. 386 52 46 6 102 17 85 Subtotal S.F. 21,281 666 396 270 1,909 1,010 899 Internal Capture Commercial 25.00% 2,171 50 31 20 201 97 105 High- Turnover (Sit -Down) Restauran 25.00% 978 70 36 33 82 49 33 Quality Restaurant 25.00% 1,012 9 5 5 84 57 28 Neighborhood Commercial 19.00% 545 14 8 5 49 24 25 Movie Theater 25.00% 346 7 5 2 20 15 5 Business Office 26.00% 100 14 12 2 27 4 22 Subtotal 5,152 163 98 68 463 246 218 Pass -By Traffic Regional Commercial 41.82% 2,724 63 38 24 253 121 131 High- Turnover (Sit -Down) Restaurani 43.00% 1,261 90 47 43 105 63 42 Quality Restaurant 44.00% 1,336 12 6 6 111 74 37 Neighborhood Commercial 44.52% 1,034 26 16 10 93 45 48 Business Office 5.00% 14 2 2 0 4 1 3 Subtotal 6,369 193 109 83 566 304 261 Driveway Volumes 16,129 503 298 202 1,446 764 681 Net New External 9,760 310 189 119 880 460 420 Note: Trip generation was calculated using the following data: 6th Edition ITE was used Daily Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.643 * Ln(A) + 5.866 High - Turnover (Sit -Down) Restauj [ITE 832] = T = 130.34 trips per 1,000 s.f. Quality Restaurant [ITE 831] = T = 89.95 trips per 1,000 s.f. Movie Theater * = T = 0.43 trips per seat Business Office [ITE 710] = Ln(T) = 0.768 * Ln(A) + 3.654 AM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.596 * Ln(A) + 2.329 ; (61 %in/39 %out) High - Turnover (Sit -Down) Restam [ITE 832] = T = 9.27 trips per 1,000 s.f. (52% in/48% out) Quality Restaurant [ITE 831 ] = T = 0.81 trips per 1,000 s.f. (assumed to be 50% in/50% out) Movie Theater * = T = 0.0088 trips per seat ; (94 %in/36 %out) Business Office [ITE 710] = Ln(T) = 0.797 * Ln(A) + 1.558 ; (88 %in/12 %out) Mini Warehouse [ITE 151] = T = 0.15 trips per 1000 S.F. ; (59 %in/41 %) Hotel /Conference Facilities [ITE 310] = T = 0.782 *(X) - 29.797 ; (58 %in/42 %out) Residential [ITE 220] = T = 0.497 *(X) + 3.238 ; (16 %in/84 %out) PM Peak Hour Traffic Generation Commercial Retail [ITE 8201 = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48 %in/52 %out) High - Turnover (Sit -Down) Restam [ITE 832] = T = 10.86 trips per 1,000 s.f. (60% in/40% out) Quality Restaurant [ITE 831] = T = 7.49 trips per 1,000 s.f. (67% in/33% out) Movie Theater * = T = 0.025 trips per seat ; (48 %in/52 %out) Business Office [ITE 710] = T = 1.121 *(X) + 79.295 ; (17 %in/83 %out) Mini Warehouse [ITE 151] = Ln(T) = 1.015 * Ln(A) - 1.487 ; (5 1 %in/49%out) Hotel /Conference Facilities [ITE 310] = Ln(T) = 1.150 * Ln(A) - 1.255 ; (49 %in/51 %out) Residential [ITE 220] = T = 0.541 * (X) + 18.743 ; (67 %in/33 %out) Cultural /Arts [D.R.I.] = T = 2% of daily; (50 %in/50 %out) * Based pn.a.study of three other multiplex cinema sites in Palm Beach County p: 1040815400010903rrt icl /tnpgencomp..rlslrripgen -menin approved ❑ =❑ Kimley -Horn and Associates, Inc. p: 1040815400010903t rafcl (tripgencomp.sls]tripgen -menin proposed TABLE 3 DOWNTOWN AT THE GARDENS PROPOSED TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In I Out Total I In I Out Trips Proposed Site Traffic Regional Commercial 147,218 S.F. 8,741 201 123 78 811 389 422 High- Turnover (Sit -Down) Restaurani 30,000 S.F. 3,910 278 145 133 326 196 130 Quality Restaurant 45,000 S.F. 4,048 36 18 18 337 226 111 Neighborhood Commercial 26,000 S.F. 2,867 72 44 28 258 124 134 Movie Theater 3,130 seats 1,346 28 21 7 78 59 19 Business Office 20,000 S.F. 386 52 46 6 102 17 85 Subtotal S.F. 21,298 667 397 270 1,912 1,011 901 Internal Capture Commercial 25.00% 2,185 50 31 20 203 97 106 High - Tumover (Sit -Down) Restaurani 25.00% 978 70 36 33 82 49 33 Quality Restaurant 25.00% 1,012 9 5 5 84 57 28 Neighborhood Commercial 19.00% 545 14 8 5 49 24 25 Movie Theater 25.00% 337 7 5 2 20 15 5 Business Office 26.00% 100 14 12 2 27 4 22 Subtotal 5,157 163 98 68 465 246 219 Pass -By Traffic Regional Commercial 41.79% 2,740 63 38 24 254 122 132 High - Tumover (Sit -Down) Restaurani 43.00% 1,261 90 47 43 105 63 42 Quality Restaurant 44.00% 1,336 12 6 6 111 74 37 Neighborhood Commercial 44.52% 1,034 26 16 10 93 45 48 Business Office 5.00% 14 2 2 0 4 1 3 Subtotal 6,385 193 109 83 567 305 262 Driveway Volumes 16,141 504 299 202 1,447 765 682 Net New External 9,756 311 190 119 880 460 420 Note: Trip generation was calculated using the following data: 6th Edition ITE was used Daily Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.643 * Ln(A) + 5.866 High- Turnover (Sit -Down) Restauj [ITE 832] = T = 130.34 trips per 1,000 s.f. Quality Restaurant [ITE 831 ] = T = 89.95 trips per 1,000 s.f. Movie Theater * = T = 0.43 trips per seat Business Office [ITE 710] = Ln(T) = 0.768 * Ln(A) + 3.654 AM Peak Hour Traffic Generation Commercial Retail [ITE 8201 = Ln(T) = 0.596 * Ln(A) + 2.329; (61 %in/39 %out) High- Tumover (Sit -Down) Restaui [ITE 832] = T = 9.27 trips per 1,000 s.f. (52% in/48% out) Quality Restaurant [ITE 831] = T = 0.81 trips per 1,000 s.f. (assumed to be 50% in/50% out) Movie Theater * = T = 0.0088 trips per seat; (94 %in/36 %out) Business Office [ITE 710] = Ln(T) = 0.797 * Ln(A) + 1.558 ; (88 %in/12 %out) Mini Warehouse [ITE 1511 = T = 0.15 trips per 1000 S.F. ; (59 %in/41 %) Hotel /Conference Facilities [ITE 310] = T = 0.782 *(X) - 29.797 ; (58 %in/42 %out) Residential [ITE 220] = T = 0.497 *(X) + 3.238 ; (16 %in/84 %out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48 %in/52 %out) High - Tumover (Sit -Down) Restaw [ITE 832] = T = 10.86 trips per 1,000 s.f. (60% in/40% out) Quality Restaurant [ITE 831] = T = 7.49 trips per 1,000 s.f. (67% in/33% out) Movie Theater * = T = 0.025 trips per seat; (48 %in/52 %out) Business Office [ITE 7101 = T = 1.121 *(X) + 79.295 ; (17 %in/83 %out) Mini Warehouse [ITE 151] = Ln(T) = 1.015 * Ln(A) - 1.487 ; (5 1 %in/49%out) Hotel /Conference Facilities [ITE 310] = Ln(T) = 1.150 * Ln(A) - 1.255 ; (49 %in/51 %out) Residential [ITE 220] = T = 0.541 * (X) + 18.743 ; (67 %in/33 %out) Cultural/Arts [D.R.I.] = T = 2% of daily ; (50 %in/50 %out) * Based -on a. study of three other multiplex cinema sites in Palm Beach County p: 1040815400010903t rafcl (tripgencomp.sls]tripgen -menin proposed C_" Kimley -Horn and Associates, Inc. p:1040M5400010903ir(ifficl firipgencomp.xls]lripgen -menin approved TABLE 2 DOWNTOWN AT THE GARDENS APPROVED TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In 1 Out Total I In I Out A_ pproved Site Traffic Regional Commercial 145,745 S.F. 8,685 200 122 78 805 386 419 High - Turnover (Sit -Down) Restaurani 30,000 S.F. 3,910 278 145 133 326 196 130 Quality Restaurant 45,000 S.F. 4,048 36 18 18 337 226 111 Neighborhood Commercial 26,000 S.F. 2,867 72 44 28 258 124 134 Movie Theater 3,220 seats 1,385 28 21 7 81 61 20 Business Office 20,000 S.F. 386 52 46 6 102 17 85 Subtotal S.F. 21,281 666 396 270 1,909 1,010 899 Internal Capture Commercial 25.00% 2,171 50 31 20 201 97 105 High- Turnover (Sit -Down) Restauran 25.00% 978 70 36 33 82 49 33 Quality Restaurant 25.00% 1,012 9 5 5 84 57 28 Neighborhood Commercial 19.00% 545 14 8 5 49 24 25 Movie Theater 25.00% 346 7 5 2 20 15 5 Business Office 26.00% 100 14 12 2 27 4 22 Subtotal 5,152 163 98 68 463 246 218 Pass -By Traffic Regional Commercial 41.82% 2,724 63 38 24 253 121 131 High- Turnover (Sit -Down) Restauran 43.00% 1,261 90 47 43 105 63 42 Quality Restaurant 44.00% 1,336 12 6 6 111 74 37 Neighborhood Commercial 44.52% 1,034 26 16 10 93 45 48 Business Office 5.00% 14 2 2 0 4 1 3 Subtotal 6,369 193 109 83 566 304 261 Driveway Volumes 16,129 503 298 202 1,446 764 681 Net New External 9,760 310 189 119 880 460 420 Note: Trip generation was calculated using the following data: 6th Edition ITE was used Daily Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.643 * Ln(A) + 5.866 High- Turnover (Sit -Down) Restaui [ITE 832] = T = 130.34 trips per 1,000 s.f. Quality Restaurant [ITE 831 ] = T = 89.95 trips per 1,000 s.f. Movie Theater * = T = 0.43 trips per seat Business Office [ITE 710] = Ln(T) = 0.768 * Ln(A) + 3.654 AM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.596 * Ln(A) + 2.329; (61 %in/39 %out) High- Turnover (Sit -Down) Restaul [ITE 832] = T = 9.27 trips per 1,000 s.f. (52% in/48% out) Quality Restaurant [ITE 83 1] = T = 0.81 trips per 1,000 s.f. (assumed to be 50% in/50% out) Movie Theater * = T = 0.0088 trips per seat ; (94 %in/36 %out) Business Office [ITE 710] = Ln(T) = 0.797 * Ln(A) + 1.558 ; (88 %in/12 %out) Mini Warehouse [ITE 151] = T = 0.15 trips per 1000 S.F. ; (59 %in/41 %) Hotel /Conference Facilities [ITE 310] = T = 0.782 *(X) - 29.797 ; (58 %in/42 %out) Residential [ITE 220] = T = 0.497 *(X) + 3.238 ; (16 %in/84 %out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48 %in/52 %out) High - Tumover (Sit -Down) Restaw [ITE 832] = T = 10.86 trips per 1,000 s.f. (60% in/40% out) Quality Restaurant [ITE 831] = T = 7.49 trips per 1,000 s.f. (67% in/33% out) Movie Theater * = T = 0.025 trips per seat; (48 %in/52 %out) Business Office [ITE 710] = T = 1.121 *(X) + 79.295 ; (17 %in/83 %out) Mini Warehouse [ITE 151] = Ln(T) = 1.015 * Ln(A) - 1.487; (51 %in/49 %out) Hotel /Conference Facilities [ITE 310] = Ln(T) = 1.150 * Ln(A) - 1.255 ; (49 %in/51 %out) Residential [ITE 220] = T = 0.541 • (X) + 18.743 ; (67 %in/33 %out) Cultural /Arts [D.R.I.] = T = 2% of daily; (50 %in/50 %out) * Based on.a.study of three other multiplex cinema sites in Palm Beach County p:1040M5400010903ir(ifficl firipgencomp.xls]lripgen -menin approved ❑O❑ Kimley -Horn and Associates, Inc. p: 1040815400010903trafficl [tripgencanp.xls]tripgen -menin proposed TABLE 3 DOWNTOWN AT THE GARDENS PROPOSED TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In I Out I Total I In I Out Trips Proposed Site Traffic Regional Commercial 147,218 S.F. 8,741 201 123 78 811 389 422 High - Tumover (Sit -Down) Restaurani 30,000 S.F. 3,910 278 145 133 326 196 130 Quality Restaurant 45,000 S.F. 4,048 36 18 18 337 226 111 Neighborhood Commercial 26,000 S.F. 2,867 72 44 28 258 124 134 Movie Theater 3,130 seats 1,346 28 21 7 78 59 19 Business Office 20,000 S.F. 386 52 46 6 102 17 85 Subtotal S.F. 21,298 667 397 270 1,912 1,011 901 Internal Capture Commercial 25.00% 2,185 50 31 20 203 97 106 High- Turnover (Sit -Down) Restauran 25.00% 978 70 36 33 82 49 33 Quality Restaurant 25.00% 1,012 9 5 5 84 57 28 Neighborhood Commercial 19.00% 545 14 8 5 49 24 25 Movie Theater 25.00% 337 7 5 2 20 15 5 Business Office 26.00% 100 14 12 2 27 4 22 Subtotal 5,157 163 98 68 465 246 219 Pass -By Traffic Regional Commercial 41.79% 2,740 63 38 24 254 122 132 High- Turnover (Sit -Down) Restauran 43.00% 1,261 90 47 43 105 63 42 Quality Restaurant 44.00% 1,336 12 6 6 111 74 37 Neighborhood Commercial 44.52% 1,034 26 16 10 93 45 48 Business Office 5.00% 14 2 2 0 4 1 3 Subtotal 6,385 193 109 83 567 305 262 Driveway Volumes 16,141 504 299 202 1,447 765 682 Net New External 9,756 311 190 119 880 460 420 Note: Trip generation was calculated using the following data: 6th Edition ITE was used Daily Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.643 * Ln(A) + 5.866 High- Turnover (Sit -Down) Restaui [ITE 832] = T = 130.34 trips per 1,000 s.f. Quality Restaurant [ITE 831] = T= 89.95 trips per 1,000 s.f. Movie Theater * = T = 0.43 trips per seat Business Office [ITE 710] = Ln(T) = 0.768 * Ln(A) + 3.654 AM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.596 * Ln(A) + 2.329 ; (61 %in/39 %out) High- Turnover (Sit -Down) Restaul [ITE 832] = T = 9.27 trips per 1,000 s.f. (52% in/48% out) Quality Restaurant [ITE 83 1] = T = 0.81 trips per 1,000 s.f. (assumed to be 50% in/50% out) Movie Theater * = T = 0.0088 trips per seat ; (94 %in/36 %out) Business Office [ITE 7101 = Ln(T) = 0.797 * Ln(A) + 1.558 ; (88 %in/12 %out) Mini Warehouse [ITE 151] = T = 0.15 trips per 1000 S.F. ; (59 %in/41 %) Hotel /Conference Facilities [ITE 3 10 = T = 0.782 *(X) - 29.797 ; (58 %in/42 %out) Residential [ITE 220] = T = 0.497 *(X) + 3.238 ; (16 %in/84 %out) PM Peak Hour Traffic Generation Commercial Retail [ITE 820] = Ln(T) = 0.660 * Ln(A) + 3.403 ; (48 %in/52 %out) High- Turnover (Sit -Down) Restaul [ITE 832] = T = 10.86 trips per 1,000 s.f. (60% in/40% out) Quality Restaurant [ITE 831 ] = T = 7.49 trips per 1,000 s.f. (67% in/33% out) Movie Theater * = T = 0.025 trips per seat; (48 %in/52 %out) Business Office [ITE 710] = T = 1.121 *(X) + 79.295 ; (17 %in/83 %out) Mini Warehouse [ITE 151] = Ln(T) = 1.015 * Ln(A) - 1.487 ; (5 1 %in/49%out) Hotel /Conference Facilities [ITE 310] = Ln(T) = 1.150 * Ln(A) - 1.255 ; (49 %in/51 %out) Residential [ITE 220] = T = 0.541 * (X) + 18.743 ; (67 %in/33 %out) Cultural /Arts [D.R.I.] = T = 2% of daily; (50 %in /50 %out) * Based_ona study of three other multiplex cinema sites in Palm Beach County p: 1040815400010903trafficl [tripgencanp.xls]tripgen -menin proposed jAUM -00 �UI-dolanaQ uivaw I aR off a B ! o u a °l 11H xyatl suapaeO 9y1 Id UMOo ?UMoa r V x Pt z Q R r Q o iga�ggyk�p� n$gt a� �$�II {��I�- °�n•RSe��.�g{�� @`� {��Yg =��Y�3 I�5 ;� � ai b8ig�5 {aena59lblltaRaR$ §i6`$ajgat a { §Baa1S$��J{R$al 9I.I 9e II25 %'s 6 "��t��pe \ 4I pI'll t9$°4 a�sj$5'aa• a @8s Ry:$R a? @s"Ss I$e9 t'sgHfi� @ at eat6'� SHIM, gg Q I°ay$yapab$ba$q&etitt °$ygyB39$gg 3egBygFpagt¢9�'Ra�Es ���ii 45 "II��I g9a� a .Rfi�y�$�.���g � ;9A<Z�y�aa € ai p�� •N 3 pp yyqq q�yqg ,5p,5p�g[ g p9 Ate$5$ 3 eH € 9n @i @Y$ i�ei' 1 111EHd4$3�45�9 {��3� {�E$gEE�� 3$ v �i6t��� p6 ata I,Jill Ili . 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The proposed amendment will reduce certain rear setbacks for lots B 1 through B28 of Parcel 2. The Evergrene PCD is located on the east side of Military Trail, north of Hood Road, and south of Donald Ross Road. [X] Recommendation to APPROVE [ ) Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA City Council Action: Talal Benothman, AICP Growth Management (Total) Br d Wiseman $ NA bp Current FY Principal Planner Planner, Project Manager [ ]Approved Christine Tatum Bahareh Wolfs, AICP Development Compliance City AttorW [ ]Approved w/ conditions Finance NA [ ] Denied Human Resources NA Advertised: No Funding Source: [ ] Continued to: rles K. Wu, AICP Date: N/A [ ] Operating Attachments: [X] Not Required [X ] Other • Resolution 227,2003 Growth Management • Applicant Narrative Administrator Affected parties [X] Notified Budget Acct. #: • Resolution 182,2001 • Fire Dept Memo Approved by: Ro ' , Fe- [ ] Not required City M ager Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 227, 2003 BACKGROUND The City Council approved the Evergrene Planned Community Development (PCD) with the adoption of Ordinance 43, 2001. The PCD was approved for 905 single - family units and 132 multi- family units, and is approximately 365.6 acres in size. The approved density for the Evergrene PCD is 2.83 dwelling units per acre. The City Council approved the site plans for parcels 1, 2, & 7 of the PCD with the adoption of Resolution 182, 2001. All parcels within the Evergrene PCD have received site plan approval by the City Council. LAND USE & ZONING The Evergrene Planned Community Development (PCD) has a future land -use and Vision map designations of Residential Medium (RM). The subject property is zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low Density - 3 (RL -3). PARCEL 2 AMENDMENT The applicant is requesting to amend the site plan for Evergrene Parcel 2 to allow for a reduction in the rear setbacks for the 65 -foot wide lots, specifically lots B1 through B28. This amendment will provide for a rear setback reduction from 10 feet to 5 feet for pools and spas; from 10 feet to 3 feet for decks and screen enclosures; and from 10 feet to 0 feet for fences. These proposed changes are consistent with the approved rear setbacks for all other 65 -foot wide lots on Parcels 1, 2, & 7 of the Evergrene PCD. Waiver Request With this application, the applicant is requesting a waiver from Section 78- 3160), which requires a minimum rear setback of ten feet for all lots abutting a preserve area. The 10 -foot rear setback requirement for a preserve area ensures that the Fire Department can maintain access to the preserve, in case of an emergency. The Fire Department has determined that it is possible to adequately gain access to the preserve area from the adjacent roadways and therefore has raised no concerns with this waiver request. This waiver request has also been granted to: lots Al2 - A26 and lots A37 - A54 of parcel 7; lots D67 - D88, El - E2, and F14 - F34 of Parcel 1 within the Evergrene PCD. Since the Fire Department has raised no concerns and this waiver will provide for consistent rear setbacks for all 65 -foot wide lots in Evergrene Parcels 1, 2, & 7, staff recommends approval. 2 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 227, 2003 Amendment to Resolution 182, 2001 With this application, the following language provided for in Resolution 182, 2001, will be amended. Deletions are stfl£; and proposed language is underlined: Section 3: 3. The waiver is approved for five feet (pool/spa), and seven feet (screen enclosures and deck), for those lots referenced in the site plan dated anuai `• 18, 'nn' November 13, 2003. 6. A waiver from Section 316(j,), Preserve Areas, to allow for a rear setback of 3 feet for decks and screen enclosures; 0 feet for fences; and 5 feet for pools and spas for lots B 1 through B28 of Parcel 2. STAFF RECOMMENDATION The proposed amendment to Resolution 182, 2001, will provide for consistency in rear setbacks for all 65 -foot wide lots in Evergrene Parcels 1, 2, & 7. Therefore, staff recommends approval of Resolution 227, 2003, with the waiver and condition provided therein. 3 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3.9 40 41 42 43 44 45 46 Date Prepared: November 12, 2003 RESOLUTION 227, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN APPROVAL FOR PARCELS 1, 2, AND 7 OF THE EVERGRENE PLANNED COMMUNITY DEVELOPMENT (PCD), SPECIFICALLY AMENDING REAR SETBACKS FOR LOTS 131 THROUGH B28 OF PARCEL 2; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 20, 2001, the City Council approved the Evergrene Planned Community Development (PCD) with the adoption of Ordinance 43, 2001; and WHEREAS, on February 7, 2002, the City Council approved the site plans for Evergrene Parcels 1, 2, and 7 with the adoption of Resolution 182, 2001; and WHEREAS, the City has received an application (MISC- 03 -33) from Urban Design Studio, agent for Community Finance Company, for approval of an amendment to the site plan approved by Resolution 182, 2001, which approved Parcels 1, 2, and 7 of the Evergrene Planned Community Development (PCD), located between Alternate Al and Military Trail, south of Donald Ross Road, and north of Hood Road, as more particularly described herein; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low - 3 (RL -3) and a future land use designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the site plan approved by Resolution 182, 2001 to allow for a reduction in the rear setbacks for lots B1 — B28 on Parcel 2 of the Evergrene Planned Community Development (PCD), as more particularly described below: 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: November 12, 2003 Resolution 227, 2003 LEGAL DESCRIPTION: PARCEL 2 EVERGRENE PLAT 2 BLOCK B AND C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 95, PAGES 29 THRU 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Said approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to construction plan approval, fire hydrants (approved by the City's Fire Department) for all of the dry models shall be installed and operational. (Fire Department) 2. Prior to the issuance of the first building permit, the applicant shall: a. Submit to the City written authorization from the utility owners allowing vertical construction within the 10 -foot utility easement as shown on the landscape plan (sheet 1 of 4) and architectural plan (sheet 1). (City Engineering) b. Apply for, obtain, and submit to the City a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) c. Submit a Drainage Plan to the City that specifies RCP to be used under all load- bearing surfaces. (City Engineering) d. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross - sections, landscape plan, and photometric plan for an administrative review and approval by the City. (City Engineering) 3. The applicant shall post a letter of credit prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) 4. All lighting shall be metal halide. (Police) 5. Landscaping shall not conflict with lighting including long -term tree growth. (Police) 2 Date Prepared: November 12, 2003 Resolution 227, 2003 1 6. A timer clock or photocell sensor engaged lighting shall be installed above or 2 near entryways to residences and all sidewalks. This device shall remain 3 active at all times for each home regardless of occupancy. (Police) 4 5 7. Street and pedestrian walkway shall use lighting that is no greater than 14 feet 6 in height. (Police) 7 8 8. Numerical addresses shall be illuminated for nighttime visibility shall have bi- 9 directional visibility from the roadway, and shall be a minimum of 6 inches in 10 height. (Police) 11 12 9. The applicant, successors, or assigns shall post a notice of annual school 13 boundary assignments for students from this development in a manner 14 required by the Palm Beach County School District. (Planning & Zoning) 15 16 10. The applicant, successors, or assigns shall notify all purchasers of the 17 approved design guidelines by including these guidelines in the purchase 18 agreement. (Planning & Zoning) 19 20 11. The applicant, successors, or assigns shall prohibit fencing within the side yard 21 setback of the homes. This restriction shall be incorporated within the 22 Evergrene Master Declaration of Covenants, Conditions, and Restrictions and 23 shall be recorded in the public record as a restriction against the property. 24 (Planning & Zoning) 25 26 12. The applicant, successors, or assigns shall require all homeowners to maintain 27 a minimum 6 -foot clear corridor, within the side yard setback, which shall be 28 maintained free from air conditioning equipment and landscaping obstructions 29 between all structures. This restriction shall be incorporated within the 30 Evergrene Master Declaration of Covenants, Conditions, and Restrictions and 31 recorded in the public record as a restriction against the property. (Planning & 32 Zoning) 33 34 SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves 35 the following five (5) six 6 waivers for the single - family homes on the 65 -foot wide lots 36 with this approval: 37 38 1. A waiver from Section 78 -141 of the City Code, which requires a maximum 39 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is 40 approved for an additional 10% lot coverage. 41 42 2. A waiver from Section 78 -141 of the City Code, which requires a minimum 43 street side setback of 20 feet. The applicant proposes a 10 -foot setback for 44 fences and decks, and a 12 -foot setback for buildings, pools, spas, and screen 45 enclosures. The waiver is approved for 10 feet (fence /deck), and 8 feet 46 (building /pool /spa /screen enclosure). 3 Date Prepared: November 12, 2003 Resolution 227, 2003 1 3. A waiver from Section 78 -141 of the City Code, which requires a minimum rear 2 setback of 10 feet. The applicant proposes a 5 -foot setback for pools and 3 spas, and a 3 -foot setback for screen enclosures and decks. The waiver is 4 approved for 5 feet (pool /spa), and 7 feet (screen enclosure and deck) for 5 those referenced in the site plan dated November 13, 2003. 6 7 4. A waiver from Section 78- 441(c) of the City Code to allow the issuance of 8 building permits for model units (dry models) prior to the plat being recorded. 9 Said waiver shall be consistent with the applicable conditions of approval 10 outlined in Section 2 of this Resolution. 11 12 5. A waiver from Section 78 -506 of the City Code, which requires sidewalks on 13 both sides of streets. The applicant proposes sidewalks on one side of the 14 streets. The waiver is approved for one sidewalk along the streets. 15 16 6. A waiver from Section 78 -316 (j), Preserve Area, to allow for a rear setback of 17 3 feet for decks and screen enclosures; 0 feet for fences, and 5 feet for pools 18 and spas for lots B1 through B28 of Parcel 2. 19 20 SECTION 5. The City Council of the City of Palm Beach Gardens hereby approves 21 the following nine (9) waivers for the single - family homes on the 50 -foot wide lots with the 22 adoption of Resolution 182, 2001: 23 24 1. A waiver from Section 78 -141 of the City Code, which requires a minimum 25 site /lot area of 6,500 square feet. The applicant proposes a site area of 5,250 26 square feet. The waiver is approved for 1,250 square feet. 27 28 2. A waiver from Section 78 -141 of the City Code, which requires a minimum lot 29 width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is 30 approved for 15 feet. 31 32 3. A waiver from Section 78 -141 of the City Code, which requires a maximum 33 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is 34 approved for an additional 10% lot coverage. 35 36 4. A waiver from Section 78 -141 of the City Code, which requires a minimum side 37 setback of 7.5 feet. The applicant proposes a 0 -foot side setback for fences 38 and decks, a 3 -foot, 1 inch side setback for buildings and screen enclosures, 39 and a 5 -foot, 1 inch setback for pools and spas. The waiver is approved for 40 7.5 feet (fence /deck), 4 feet, 5 inches (building and screen enclosure), and 2 41 feet, 5 inches (pool /spa). 42 43 44 45 46 rd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 12, 2003 Resolution 227, 2003 5. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a 10 -foot setback for fences and decks and a 12 -foot setback for buildings, screen enclosures, pools, and spas. The waiver is approved for 10 feet (fence /deck) and 8 feet (building /screen enclosure /pool /spa). 6. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of 10 feet. The applicant proposes a 3 -foot setback for screen enclosures and decks and a 5 -foot setback for pools and spas. The waiver is approved for 7 feet (screen enclosure /deck) and 5 feet (pool /spa). 7. A waiver from Section 3160) of the City Code, which requires a minimum setback 10 feet from a preserve. The applicant proposes a 0 -foot setback for. fences and decks, a 3 -foot setback for screen enclosures, and a 5 -foot setback for pools and spas. The waiver is approved for 10 feet (fence /deck), 7 feet (screen enclosure), and 5 feet (pool /spa). 8. A waiver from Section 78 -441 (c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this Resolution. 9. A waiver from Section 78 -506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along the streets. SECTION 6. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Parcels 1, 2, and 7 Site Plans by Urban Design Studio, sheets 1 of 6 through 6 of 6 (6 sheets total), dated January 18, 2002. 2. Landscape Plans by Lucido & Associates, cover sheet and sheet 1 of 6, and sheets of 3 through 6 of 6 (6 sheets total), dated January 14, 2002. 3. Landscape Plan by Lucido & Associates, sheet 2 of 6 (1 sheet total), dated January18, 2002. 4. Floor Plans, Roof Plan, and Elevations - Single Family I (Minimum 65'X 120' lot) Watermark Communities, Inc., sheets 1 of 7 through 7 of 7 (7 sheets total), dated November 26, 2001. 5. Floor Plans, Roof Plan, and Elevations -Single Family II (Minimum 50'X 105' lot) by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated November 8, 2001. E 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: November 12, 2003 Resolution 227, 2003 6. Evergrene Parcels 1, 2, and 7 Site Plan, by Urban Design Studio, dated November 13, 2003, Sheet 1. SECTION 7. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ATTEST: L'i'd Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney \ /OTF MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO 2003. CITY OF PALM BEACH GARDENS, FLORIDA In Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \Reso 227 2003 - evergrene pcd - amendment to reso 182 2001.doc G urban PROJECT NARRATIVE d P.�p r EVERGRENE PCD stu MISCELLANEOUS APPLICATION FOR PARCELS 1, 29 AND 7 November 13, 2003 Urban Design Urban Planning Land Planning On December 29, 1999, the applicant submitted an application for a Landscape Architecture Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development a unique, high - quality residential community with approximately 905 single family units and 132 multi- family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast corner of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Development Area (PDA) and a future land use designation of RM (Residential Medium). On July 7, 2000, a site plan application was submitted to the City for its review. The original site plan application was for the construction of 543 homes (417 single family homes and 126 multi- family homes) on approximately 96.03 acres within the (then - named) Parcels 4, 5, 6, 7 and 8 within the PCD Master Plan. Since that time, several changes have been made to the site plan. Per the request of the City, the Military Trail entrance was relocated. Modifications to the product, lots and phasing were also made. Per the request of City staff, the original site plan application was divided into two separate applications: The final application contained a total of 320 single family homes, which consists of two product types, the SF -1 and the SF -2. These products are located within the renamed Parcels 1, 2 and 7 of the PCD Master Plan. There have been a number of subsequent Administrative approvals for these parcels which related to modifications in the architectural design and platting conformance. This request is for a modification to the previously approved waiver language to allow a reduction of the fence setback from 10' to 0' and the deck setback from 10' to 3' on lots B 1 through B28 within Parcel 2. The petitioner has previously met with City staff members, including the City's Fire Department, to review the issues of emergency accessibility through the abutting upland preserve from adjacent roadways. It has been determined by the City Fire Department that a "fire lane" is not necessary at the rear of Lots B 1 through B28 and that adequate fire protection can be provided from the adjacent roadway. The applicant would therefore like to request that lots B1 through B28 be allowed to enjoy the entire depth of their property by being allowed to locate a fence on the rear property lien and extend their pool deck to within 3' of the rear property line. This request is consistent with other previously approved lots in Parcel 2 as well as other parcels in Evergrene and in Palm Beach Gardens. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 February 7, 2002 RESOLUTION 182, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCELS 1, 2 & 7" WITH A TOTAL OF 320 SINGLE - FAMILY UNITS WITHIN THE EVERGRENE PCD, LOCATED BETWEEN HOOD ROAD & DONALD ROSS ROAD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 320 single - family homes within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcels 1, 2 & 7, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the applicant seeks nine (9) waivers as part of site plan approval forthe single - family homes on the 50 -foot wide lots, and five (5) waivers for the single - family homes on the 65 -foot wide lots; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcels 1, 2 & 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves tesa ii plan for 320 single - family homes within the Evergrene PCD, located y City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01 -24: Resolution 182, 2001 between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to construction plan approval, fire hydrants (approved by the City's Fire Department) for all of the dry models shall be installed and operational. (Fire Department). 2. Prior to the issuance of the first building permit, the applicant shall: a. Submit to the City written authorization from the utility owners allowing vertical construction within the 10 -foot utility easement as shown on the landscape plan (sheet 1 of 4) and architectural plan (sheet 1). (City Engineering) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) c. Submit a Drainage Plan to the City that specifies RCP to be used under all load - bearing surfaces. (City Engineering) d. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross - sections, landscape plan, and photometric plan for an administrative review and approval by the City. (City Engineering) 3. The applicant shall post a letter of credit prior to the issuance of a building permit for the models homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) 4. All lighting shall be metal halide. (Police) 5. Landscaping shall not conflict with lighting (including long term tree growth). (Police) 6. A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) 7. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) 8. Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of 6 inches in height. (Police) 9. The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 10. The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) 2 1 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01 -24: Resolution 182, 2001 11. The applicant, successors or assigns shall prohibit fencing within the side yard setback of the homes. This restriction shall be incorporated within the Evergrene Master Declaration of Covenants, Conditions and Restrictions and shall be recorded in the public record as a restriction against the property. (Planning & Zoning) 12. The applicant, successors or assigns shall require all homeowners to maintain a minimum 6 -foot clear corridor, within the side yard setback, which shall be maintained free from air conditioning equipment and landscaping obstructions between all structures. This restriction shall be incorporated within the Evergrene Master Declaration of Covenants, Conditions and Restrictions and recorded in the public record as a restriction against the property. (Planning & Zoning) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five (5) waivers for the single - family homes on the 65 -foot wide lots with this approval: A waiver from Section 78 -141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a ten -foot setback for fences and decks, and a 12 -foot setback for buildings, pools, spas, and screen enclosures. The waiver is approved for ten feet (fence /deck), and eight feet (building /pool /spa /screen enclosure). 3. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a.-five-foot setback for pools and spas, and a three -foot setback for screen enclosures and decks. The waiver is approved for five feet (pool /spa), and seven feet (screen enclosure and deck), for those lots referenced in the site plan dated January 18, 2002. 4. A waiver from Section 78- 441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 5. A waiver from Section 78 -506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. 3 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP- 01 -24: Resolution 162, 2001 Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following nine (9) waivers for the single - family homes on the 50 -foot wide lots with this approval: A waiver from Section 78 -141 of the City Code, which requires a minimum site /lot area of 6,500 square feet. The applicant proposes a site area of 5,250 square feet. The waiver is approved for 1,250 square feet. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is approved for 15 feet. 3. A waiver from Section 78 -141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. 4. A waiver from Section 78 -141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a zero -foot side setback for fences and decks, a 3 -foot, 1 inch side setback for buildings and screen enclosures, and a 5- foot, 1 inch setback for pools and spas. The waiver is approved for 7.5 feet (fence /deck), 4 feet, 5 inches (building and screen enclosure), and 2 feet, 5 inches (pool /spa). 5. A waiver from Section 78 -141 of the City Code, which requires a minimum street / side setback of 20 feet. The applicant proposes a ten -foot setback for fences and decks, and a 12 -foot setback for buildings, screen enclosures, pools, and spas. The waiver is approved for ten feet (fence /deck) and eight feet (building /screen enclosure /pool /spa). 6. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a three -foot setback for screen enclosures and decks, and a five -foot setback for pools and spas. The waiver is approved for seven feet (screen enclosure /deck), and five feet (pool /spa). 7. A waiver from Section 316Q) of the City Code, which requires a minimum setback of ten feet from a preserve. - The applicant proposes a zero -foot setback for fences and decks, a three -foot setback for screen enclosures, and a five -foot setback for pools and spas. The waiver is approved for ten feet (fence /deck), seven feet (screen enclosure), and five feet (pool /spa). 4 City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01.24: Resolution 182, 2001 8. A waiver from Section 78- 441(c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 9. A waiver from Section 78 -506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1. Parcels 1, 2 & 7 Site Plans by Urban'Design Studio, sheets 1 of 6 through 6 of 6 (6 sheets total), dated January 18, 2002. 2. Landscape Plans by Lucido & Associates, cover sheet and sheet 1 of 6, and sheets of 3 through 6 of 6 (6 sheets total), dated January 14, 2002. 3. Landscape Plan by Lucido & Associates, sheet 2 of 6 (1 sheet total), dated January 18, 2002. 4. Floor Plans, Roof Plan, and Elevations — Single Family I (Minimum 65' X 120' lot) by Watermark Communities, Inc., sheets ;1 of 7 through 7 of 7 (7 sheets total), dated November 26, 2001. 5. Floor Plans, Roof Plan, and Elevations — Single Family II (Minimum 50'X 105' lot) by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated November 8, 2001 Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 7. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. Section 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 9. This Resolution shall be effective upon adoption. 5 PASSED AND ADOPTED THIS THE 7th DAY OF �a ATTESTED.,r BY.-!,, r <. �;- Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: sp0124.re2 AYE i City Council Meeting Date: February 7, 2002 ale Prepared: January 24, 2002 6P -01 -24: Resolution 182, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 6 NAY ABSENT EXHIBIT "A" LEGAL DESCRIPTION City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petitlon SP- 01 -24: Resolution 182, 2001 A PORTION OF THE FAST ONE -HALF OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICUI -ABLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE NORTH 89 051'14" WEST, ALONG THE NORTH LINE OF SAID SECTION 25, A DISTANCE OF 1813.15 FEET; THENCE SOUTH 00 °08'46" EAST, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 °21139" WEST, A DISTANCE OF 151.83 FEET; THENCE SOUTH 89'38'21" EAST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00'21'39" WEST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 038'21" WEST, A DISTANCE OF 96.00 FEET; THENCE SOUTH 00'21'39" WEST, A DISTANCE OF 120.00 FEET; THENCE NORTH 690.38121" WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 00021'39" EAST, A DISTANCE OF 55.41 FEET; THENCE NORTH 89038'21" WEST, A DISTANCE OF 212.33 FEET; THENCE SOUTH 08'43'39" WEST, A DISTANCE OF 37.60 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 15042'31 ", A DISTANCE OF 98.01 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 06 058'52" EAST, A DISTANCE OF 31.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 442.50 FEET AND A CENTRAL ANGLE OF 24 007'35", A DISTANCE OF 186.33 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 17'08'43" WEST, A DISTANCE OF 25.13 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 22015'34 ", A DISTANCE OF 138.89 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 05906'51" EAST, A DISTANCE OF 4.54 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 01'04143" EAST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 44 °07'35 ", A DISTANCE OF 246.45 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 880.00 FEET AND A CENTRAL ANGLE OF 14056'49 ", A DISTANCE OF 229.57 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 380,00 FEET AND A CENTRAL ANGLE OF 77'56'48 ", A DISTANCE OF 516.96 FEET; THENCE NORTH 46010143" EAST, ALONG A NON- TANGENT LINE, A DISTANCE OF 68.51 'FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT GEARS NORTH 51'50'01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1136.40 FEET AND A CENTRAL ANGLE OF 02046'05 ", A DISTANCE OF 54.90 FEET; THENCE SOUTH 40059'11" EAST, ALONG A LINE NON - TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 232.25 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING 'A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 04043'56 ", A DISTANCE OF 7.43 FEET; THENCE SOUTH 47926'29" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 106.93 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 12'17'11 ", A DISTANCE OF 143.67 FEET; THENCE SOUTH 15034'04" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 205.05 FEET -TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 355.00 FEET AND A CENTRAL ANGLE OF 18'54'08 ", A DISTANCE OF 117.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 34 °28'11" EAST, A DISTANCE OF 171.80 FEET; THENCE NORTH 55031'49" EAST, A DISTANCE OF 28.00 FEET; THENCE City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01 -24: Resolution 182, 2001 LEGAL OESCRIRTION (CONTINUED) SOUTH 34°28'11" EAST, A DISTANCE OF 93.00 FEET; THENCE SOUTH 30 °17133" EAST, A DISTANCE OF 422.30 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 288.30 FEET AND A CENTRAL ANGLE OF 57 °19'19 ", A DISTANCE OF 268.42 FEET; THENCE SOUTH 35 °14'67" WEST, ALONG A NON - TANGENT LINE, A DISTANCE OF 39.85 FEET; THENCE SOUTH 42.14'40" WEST, A DISTANCE OF 112.03 FEET; THENCE SOUTH 45.30'01" WEST, A DISTANCE OF 307.50 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS of 193.00 FEET AND A CENTRAL ANGLE OF 28 °10'44 ", A DISTANCE OF 94.92 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.50 FEET AND A CENTRAL ANGLE OF 61 °29'23 ", A DISTANCE OF 129.32 FEET; THENCE SOUTH 27°4139" WEST, ALONG A NON - RADIAL UNE, A DISTANCE OF 103.70 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 475.00 FEET AND A CENTRAL ANGLE OF 07 1125'63 ", A DISTANCE OF 61.61 FEET; THENCE NORTH 54 °46'28" WEST, ALONG A LINE RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 2.50 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1680.60 FEET AND A CENTRAL ANGLE OF 03 °48'45 ", A DISTANCE OF 111.82 FEET; THENCE NORTH 50°57'44" WEST, ALONG A RADIAL LINE, A DISTANCE OF 49.93 FEET: THENCE NORTH 31 °500" WEST, A DISTANCE OF 98.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 384.00 FEET AND A CENTRAL ANGLE OF 49 °13'17", A DISTANCE OF 329.88 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 458.50 FEET AND A CENTRAL ANGLE OF 06 °35'26", A DISTANCE OF 52.61 FEET; THENCE NORTH 34 °18'02" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 123.90 FEET; THENCE NORTH 55 °41'58" EAST, A DISTANCE OF 109.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 70 °14'32" EAST; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 154.00 FEET AND 'A CENTRAL ANGLE OF 65 °16'29 ", A DISTANCE OF 176.40 FEET; THENCE NORTH 33 °23'63" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 110.57 FEET: THENCE NORTH 45 1130'01" EAST, A DISTANCE OF 205.37 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY. NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 79 0681130, A DISTANCE OF 69.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 34°28'11" WEST, A DISTANCE OF 176.51 FEET; THENCE NORTH 65 °31'49" EAST, A DISTANCE OF 28.00 FEET; THENCE NORTH 34 °28'11" WEST, A DISTANCE OF 166.80 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 845.00 FEET AND A CENTRAL ANGLE OF 18°54'08", A DISTANCE OF 212.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 15°34'04" WEST, A DISTANCE OF 193.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT GEARS NORTH 06 "15"22" WEST; THENCE WESTERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 33 °21'250, A DISTANCE OF 390.07 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1170.00 FEET AND A CENTRAL ANGLE OF 14 039'00 ", A DISTANCE OF 299.15 FEET; THENCE NORTH 59 °5122" WEST, ALONG A NON - TANGENT LINE. A DISTANCE OF 113.36 FEET; THENCE SOUTH 02 05931" EAST, A DISTANCE OF 67.59 FEET; THENCE SOUTH 01 °22'07" WEST, A DISTANCE OF 176.74 FEET; THENCE SOUTH 75 °0426" EAST, A DISTANCE OF 121.74 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 06 °10161" WEST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 957.98 FEET AND A CENTRAL ANGLE OF 20.60'03 "; A DISTANCE OF 349.36 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF `369.70 FEET AND A CENTRAL ANGLE OF 40 °20'29 ", A DISTANCE OF 260.30 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22 °38'37" EAST, A DISTANCE OF 351.76 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 469.19 FEET AND A CENTRAL ANGLE OF 47 °59'11 ". A DISTANCE OF 392.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 25°20'34" WEST, A DISTANCE OF 140.59 FEET TO THE POINT OF City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01 -24: Resolution '182,2001 LEGAL DE&CAIPTIQN (CONTINUED) CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 33'49'38 ", A DISTANCE OF 69.04 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 08029105" EAST, A DISTANCE OF 120.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 445.25 FEET AND A CENTRAL ANGLE OF 15021'36 ", A DISTANCE OF 119.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06052'31". A DISTANCE OF 9.60 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00 000'00" WEST, A DISTANCE OF 95.37 FEET; THENCE NORTH 90000'00" WEST, A DISTANCE OF 120.00 FEET; THENCE SOUTH 00000100" WEST, A DISTANCE OF 140.86 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE. SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 12'0724 ", A DISTANCE OF 84.87 FEET; THENCE SOUTH 73'54'04" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 27.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 28028'32 ", A DISTANCE OF 138.67 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 45025132" EAST, A DISTANCE OF 23.19 FEET; THENCE SOUTH 44 634'28" WEST, A DISTANCE OF 86.04 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 67'49'33" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 44911'22 ", A DISTANCE OF 186.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22 000'55" WEST, A DISTANCE OF 259.48 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 285.00 FEET AND A CENTRAL ANGLE OF 85059'15 ". A DISTANCE OF 427.72 FEET TO THE POINT OF TANGENCY; THENCE NORTH 71 °59'50" WEST, A DISTANCE OF 6.62 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 729.58 FEET AND A CENTRAL ANGLE OF 14'45'54 ", A DISTANCE OF 188.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88 °45'44" WEST, A DISTANCE OF 7.43 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 312.00 FEET AND A CENTRAL. ANGLE OF 68 °08'55 ", A DISTANCE OF 480.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01 °23'11" EAST, A DISTANCE OF 947.23 FEET; THENCE NORTH 75'14'43" EAST, A DISTANCE OF 19.10 FEET, THENCE NORTH 59 °4721" EAST, A DISTANCE OF 32.94 FEET; THENCE NORTH 33 °27'32" EAST, A DISTANCE OF 34.39 FEET; THENCE NORTH 00 °04'38" WEST, A DISTANCE OF 26.94 FEET; THENCE NORTH 65'27'02" EAST. A DISTANCE OF 9.13 FEET; THENCE NORTH 51 °40'47" WEST, A DISTANCE OF 83.96 FEET; THENCE NORTH 00°06'32" EAST, A DISTANCE OF 267.44 FEET THENCE NORTH 68'24'58" EAST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, A DISTANCE OF 64.81 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1028.88 FEET AND A CENTRAL ANGLE OF 11909'53", A DISTANCE OF 200.49 FEET; THENCE NORTH 01621'41" EAST, ALONG A NON. TANGENT LINE, A DISTANCE OF 546.97 FEET; THENCE SOUTH 89051'22' EAST, A DISTANCE OF 66.04 FEET; THENCE NORTH 01022'07" EAST, A DISTANCE OF 228.05 FEET; THENCE NORTH 02055'31" WEST, A DISTANCE OF 60.09 FEET; THENCE NORTH 89 °6172" WEST, A DISTANCE OF 63.62 FEET, THENCE NORTH 01022'07" EAST, A DISTANCE OF 808.05 FEET. THENCE NORTH 05'01'52" EAST, A DISTANCE OF 250.57 FEET; THENCE NORTH 01022'07" EAST, A DISTANCE OF 251.43 FEET; THENCE SOUTH 89 051'14" EAST, A DISTANCE OF 839.97 FEET TO THE POINT OF BEGINNING. SAID LANDS ALL SITUATE IN PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 85.330 ACRES, MORE OR LESS. 9 PI City Council Meeting Date: February 7, 2002 Date Prepared: January 24, 2002 Petition SP -01 -24: Resolution 182, 2001 EXHIBIT "B" Design Guidelines for Parcel 1, 2 & 7 of the Everdrene PCD 1. The Architectural Themes shall include: - Mission - Spanish Colonial - Italianate - Tuscan - French Country - Prairie 2. Unifying architectural treatments shall include: - Stucco Wall Finish - Concrete "S" Roof Tile - Decorative Metal Fixtures (Black) - Minimum 2 -car garage -Multi -pane front elevation windows - Paneled garage doors 3. No two homes located side by side shall have the same combination of exterior wall and trim color. 4. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Tuscan Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) same floor plans next to each other, but cannot consist of the same Architectural Themes. 5. Substantial alterations to said elevations shall be approved by the Growth Management Department. 10 I� CITY OF PALM BEACH GARDENS MEMORANDUM TO: Bahareh Wolfs, Dev. Compliance Officer DATE: October 31, 2003 APPROVED: FROM Scott Fetterman, Deputy Chief, Administration SUBJECT: Evergrene, Parcel 2 Fire Rescue recently met with a representative of WCd at the Evergrene Development, Parcel 2, to discuss possibility of eliminating the 10 ft. required setback from the preserve areas. Upon reviewing these areas Fire Rescue has determined that we have no objections to deleting the 10 ft. required setback from the preserve areas on Parcel 2. Fire Rescue can adequately access the preserve areas from the adjacent roadways. Please contact me if you have any questions. 0111 9 + a� 8x61!%.➢. 4 $ MOIAJGAO - ueld O1!S L V Z ' L sIOOaed $ epiaOIJ 'suapaeO yOeOS weed aue E)AD P)b Kq A�Yti ip:. � I � c S 3 3 - fn KK 6 q aaiA 61 14 s Mql hill Hi LU �r �I0 5 8 O Z 9 '1 E Llm m rllA7i�� Tim CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum TRECERVED �'�GV 1 9 2003 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Ordinance 36, 2003 Subject /Agenda Item: Ordinance 36, 2003: Evergrene PCD Amendment Second Reading & Public Hearing: A request by Henry Skokowski of Urban Design Studio, on behalf of Watermark Communities, Inc., for approval of an amendment to Ordinance 43, 2001, that approved the Evergrene Planned Community District (PCD). This petition seeks to amend conditions of approval #4 and #60 that relate to the timing for construction of the clubhouse parcel. The Evergrene PCD is located on the east side of Military Trail, north of Hood Road, and south of Donald Ross Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA City Council Action: Talal Benotth- AICP Growth Management (Total) ,moan, BW Wiseman $ NA Principal Planner Current FY Planner, Project Manager Ba h areh,jWolfs, AICP Christine atum [ ] Approved City A orney Development Compliance Finance [ ]Approved w/ conditions NA [ ] Denied Human Resources NA Advertised: Yes Funding Source: [ ] Continued to: CAar K. Wu, A CP Date: November 20, 2003 [ ] Operating Attachments: �11 A h L )A.4 [ ] Not Required [X ]Other • Applicant Narrative Growth Management • Ordinance 43, 2001 inistrator Affected parties Budget et Acct. #: g • Resolution 83, 2002 [X] Notified [ ] Not required Resident Responses • Ordinance 36, 2003 Approved by: Ronal erris City Mana er 'i 111 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Ordinance 36, 2003 BACKGROUND The City Council approved the Evergrene Planned Community District (PCD) with the adoption of Ordinance 43, 2001. The PCD was approved for 905 single - family units and 132 multi - family units, and is approximately 365.6 acres in size. The 5.2 -acre clubhouse parcel received site plan approval on June 6, 2002, with the adoption of Resolution 83, 2002. On April 17, 2003, the clubhouse parcel received an administrative approval for a site plan amendment. Included in this site plan amendment were additional amenities such as a bocce court, a putting green, two spas, and a water fountain play area. Ordinance 43, 2001, included two conditions of approval requiring the clubhouse parcel to be constructed prior to the 350th residential Certificate of Occupancy. Currently, the City has issued 208 residential Certificate of Occupancies and 355 residential building permits for the Evergrene (PCD). On June 6, 2003, the City's Building Division issued a permit for construction of the clubhouse parcel. LAND USE & ZONING The Evergrene Planned Community District (PCD) has a future land -use and Vision map designations of Residential Medium (RM). The subject property is zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low Density - 3 (RL -3). PCD AMENDMENT The applicant is requesting to amend conditions of approval #4 and #60 of Ordinance 43, 2001. The applicant is proposing to amend the following language for these two conditions of approval (Deletions are stfuek; applicant proposed language is underlined; and staff proposed language is italicized): 4.) The amenities parcel shall be completed prior to the issuanee - -1 5%n4' Fes dei #i ,I CeAi fie t e€ Oeeupaney March 31, 2004. If on April 1, 2004 the amenities parcel is not complete, the City shall not issue any new residential building permits (Planning & Zoning). 60.) The applicant shall provide written disclosure to all future homebuyers that the clubhouse parcel shall be built prior to th e 3cnth r sideant °' GevAi fie ate ^Fll:,eiap.,,, ey March 31, 2004. The form of such disclosure shall be approved by the City Attorney pri er to the sale of the first upon the effective date of this ordinance (City Attorney). STAFF'S RESPONSE Condition of approval #4 is included in the adopted ordinance for the Evergrene PCD as a means to ensure that the recreation parcel is completed in a timely manner. The applicant agreed with this 2 i 71 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Ordinance 36, 2003 condition of approval based on projected home sales and the time needed to construct the clubhouse parcel. Since home sales have been higher than expected, the applicant has stated it is not possible to complete construction of the clubhouse parcel prior to the 350th residential Certificate of Occupancy. The applicant estimates that the 350th residential Certificate of Occupancy will be issued by the end of December 2003. This amendment, if approved, will result in a maximum delay of three months from when the clubhouse parcel is currently required to be completed. Staff has included the language: "If on April 1, 2004 the amenities parcel is not complete, the City shall not issue any new residential building permits. " This language will ensure that a limited number of residents will be inconvenienced due to the delay in completion of the clubhouse parcel. If this condition is not amended, the applicant will be in violation of Ordinance 43, 2001, which could possibly result in all construction in the Evergrene PCD to cease until the clubhouse parcel is completed. Denial of this amendment results in two negative impacts due to the cease in construction: 1.) future residents will be delayed, possibly for several months, from moving into their homes; and 2.) many current residents will live in partially completed neighborhoods for an extended time. Condition of approval #60 is included in Ordinance 43, 2001, so that future residents could consider the timing for the construction of the clubhouse parcel prior to purchasing homes in the Evergrene PCD. This condition will be amended to notify all future residents that the clubhouse parcel will be completed prior to the date certain of March 31, 2004. This condition must be amended if condition of approval #4 is amended. COMMENTS FROM THE PUBLIC The City has received several calls over the past few months in regards to the clubhouse parcel. Staff has received calls from eager homeowners inquiring about when the clubhouse parcel would be completed. Staff has also received a visit from Mr. Richard Kurtti who recently purchased a home in the Evergrene PCD. He informed staff that when he purchased his home he was told by representatives of WCI that construction of the clubhouse parcel would be completed in the first quarter of 2003. Staff has also received letters from Evergrene residents Ms. Michelle Echard, Ms. Jean Harries- Boyer, and Mr. Don Aristo opposing this PCD amendment request (please see attached). PLANNING & ZONING COMMISSION The Planning & Zoning Commission held a public hearing for this petition on September 23, 2003, and voted 7 -0 to recommend approval to the City Council. During the public hearing, two Evergrene residents voiced their concerns regarding this PCD amendment request. Evergrene resident Mr. Craig Cope commented that he was anxious to have the clubhouse parcel completed, but did not want to see construction of the homes halted. Mr. Cope 3 .l\ A Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Ordinance 36, 2003 also commented that he was told by representatives of WCI that the clubhouse parcel was to be completed prior to September 2003. Evergrene resident Mr. Ron Sewerwitz commented that many of the home buyers in Evergrene were investors, and that the delay in construction of the clubhouse parcel has had a negative impact on the property values. Mr. Sewerwitz also commented that he did not want to see constriction of the homes halted. CITY COUNCIL The City Council held a First Reading for the subject petition on November 6, 2003, and voted 5- 0 to pass Ordinance 36, 2003, onto the Second Reading. STAFF RECOMMENDATION It is staff s professional opinion that denial of this PCD amendment request will have a greater adverse effect on the residents of the Evergrene PCD than an approval would. Denial of this PCD amendment request may result in all construction being halted, and consequently, causing current residents to live in half built neighborhoods and prolonging move in dates for new residents. Approval of this PCD amendment request will only delay the completion of the clubhouse parcel for a maximum of three months. The clubhouse will not be built sooner then the requested three -month time period, since the applicant did not start construction enough in advance to complete it within the time frame provided for in the approved ordinance. Nevertheless, the applicant has made continuous progress toward the eventual completion of the clubhouse parcel since the initial building permit issuance in June 2003. Therefore, staff recommends approval of Ordinance 36, 2003. 3 Date Prepared: October 15, 2003 1 ORDINANCE 36, 2003 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 43, 2001 6 AND AMENDING TWO CONDITIONS OF APPROVAL TO THE 7 EVERGRENE PCD RELATING TO THE TIMING FOR 8 CONSTRUCTION OF THE CLUBHOUSE PARCEL; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 43, 13 2001 providing for the development of a parcel of land approximately 365 acres in size 14 known as the Evergrene Planned Community District (PCD); and 15 16 WHEREAS, the City has received an application (PCD- 03 -03) from Urban 17 Design Studio, agent for Watermark Communities Inc., for approval of an amendment to 18 Ordinance 43, 2001 by amending conditions of approval #4 and #60 that require the 19 clubhouse parcel to be constructed prior to the 350th residential Certificate of 20 Occupancy; and 21 22 WHEREAS, this PCD amendment petition was reviewed by the Planning and 23 Zoning Commission on September 23, 2003, and recommended its approval by a vote 24 of 7 -0; and 25 26 WHEREAS, the City Council has considered the evidence and testimony 27 presented by the Petitioner and other interested parties and the recommendations of 28 the various City of Palm Beach Gardens review agencies and staff; and 29 30 WHEREAS, the City Council has determined that adoption of this Ordinance is in 31 the best interest of the citizens and residents of the City of Palm Beach Gardens. 32 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF PALM BEACH GARDENS, FLORIDA that: 36 37 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 38 39 SECTION 2. The City Council hereby amends Ordinance 43, 2001 to read as 40 follows: 41 42 4. The amenities parcel shall be completed prior to the - issuense -ef the 3 43 residential Gert;feeate „f OGG ,.,.,nG March 31, 2004. If, on that date, the 44 amenities parcel is not complete, the City shall cease issuing any new 45 residential building permits until a Certificate of Occupancy / Completeness 46 is issued for the amenities parcel. (Planning & Zoning) x 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 15, 2003 Ordinance 36, 2003 60. The applicant shall provide written disclosure to all future homebuyers that the Glubhouse amenities parcel shall be built prior to the 2600' r°s�l March 31. 2004 and that the City shall cease issuing building permits after that date if it is not complete. The form of such disclosure shall be approved by the City Attorney;FiGF tO the sale of Oho firms+ residential unit within 10 days of the effective date of this Ordinance. (City Attorney) SECTION 3. All future amendments to this Ordinance or Ordinance 43, 2001 shall be approved by resolution. SECTION 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5. This Ordinance shall become effective upon the day of adoption. (The remainder of this page left intentionally blank) 0) q' Date Prepared: October 15, 2003 Ordinance 36, 2003 1 PASSED this day of , 2003, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2003, upon second 4 and final reading. 5 6 CITY OF PALM BEACH GARDENS FOR 7 8 BY: 9 Eric Jablin, Mayor 10 11 12 Carl Sabatello, Vice Mayor 13 14 15 David Clark, Councilmember 16 17 18 Joseph Russo, Councilmember 19 20 21 Annie Marie Delgado, Councilmember 22 23 24 ATTEST: 25 26 27 BY: 28 Patricia Snider, City Clerk 29 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 Christine P. Tatum, City Attorney 37 38 39 40 41 43 44 45 46 47 48 G: \attorney_share \ORDINANCES \Ord 36 2003 - amendment to Evergrene PCD.doc 3 AGAINST ABSENT N I 't PROJECT NARRATIVE EVERGRENE PCD AMENDMENT July 18, 2003 REQUEST Urban Design Urban Planning Land Planning Landscape Architecture The Evergrene Planned Community Development was approved on December 21, 2001 through the adoption of Ordinance, 43, 2001. The PCD master plan reflects a unique, high - quality residential community with approximately 905 single family units and 132 multi - family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast corner of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Community Development (PCD) and a future land use designation of RM (Residential Medium). Since the project approval, it has become increasingly evident that, because of higher than expected home sales, it is appropriate to consider modifying two conditions of approval relating to the construction of the clubhouse. Condition number 60 of Ordinance 43, 2001 requires that the "clubhouse parcel" be constructed prior to the 3501h residential certificate of occupancy. Condition number 4 requires that the "amenities parcel" be completed prior to the 3501h residential certificate of occupancy. The recent sales of residential units within the community has greatly exceeded the applicant's expectations. The new home buyers are of course anxious to have their units completed as quickly as possible. As a result, the 3501h residential certificate of occupancy which wasn't anticipated until the middle of 2004 is projected to be issued by this November. In anticipation of the original sales and construction schedule, the clubhouse parcel is currently under construction with a completion date anticipated to be the end of March, 2004. The Clubhouse parcel is expected to be significantly complete by November, however, the anticipated completion date of all elements of the clubhouse parcel is March 31, 2004 which, under the current projections will be after the issuance of the 350`' Certificate of Occupancy. In addition, the applicant will also be submitting an administrative approval request to significantly upgrade the pool /deck and tot lot area of the clubhouse. Some of the upgrades to the clubhouse parcels will be: • The main pool deck area will be revised to provide terraces, a planter areas, and arbors for shade. The revision will create a resort-style pool amenity for the residents. The Kiddie Pool and Kiddie Play Area will be expanded and reconfigured. The boat rental building will be relocated from the southwest corner of the site to the southeast corner of the site to further its 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 proximety to the Kiddie Pool and Play areas. This will allow for a enhanced family atmosphere for residents at the clubhouse. The snack bar and cabana, adjacent to the main pool, will be combined into one building located east of the clubhouse pool. A bocce court will be added to the clubhouse site for additional recreational opportunities. It is anticipated that all proposed modifications to the clubhouse parcel, if approved, will also be completed by the end of March. Therefore, we are requesting the following modifications to Condition Number 4 and Condition Number 60 to reflect a time certain completion date. (Deletions are struck, new language underlined) 4) The amenities parcel shall be completed prior to flie issuance m res�ntial March 31, 2004. 60) The applicant shall provide written disclosure to all future homebuyers that the clubhouse parcel shall be built prior to the 350 March 31, 2004. The form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit. Please note that, as required by Condition Number 60, the disclosure regarding Clubhouse completion including potential modification has been provided to all home buyers in each sales contract as follows: "1.1 Club Owner has constructed or will construct, at its sole cost and expense, certain recreation facilities as described in the Club Plan together with such other equipment, facilities, personalty, as Club Owner determines in its sole discretion. Club Owner shall comply with City of Palm Beach Gardens Ordinance 43, 2001, and complete construction of the clubhouse prior to the issuance of the 350th residential certificate of occupancy, unless such requirement shall be waived or modified by the City of Palm Beach Gardens." t Y Last Revised e�cember 21, 2001 ORDINANCE 43, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM WATERMARK COMMUNITIES, INC., FOR A RE-ZONING FROM PLANNED DEVELOPMENT AREA (PDA) TO PLANNED COMMUNITY DEVELOPMENT (PCD), TO ALLOW FOR A 905 SINGLE - FAMILY AND 132 MULTI - FAMILY DWELLING UNIT RESIDENTIAL COMMUNITY ON APPROXIMATELY 365.6 ACRES KNOWN AS THE "EVERGRENE" COMMUNITY, LOCATED SOUTH OF DONALD ROSS ROAD AND NORTH OF HOOD ROAD, BETWEEN MILITARY TRAIL AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Watermark Communities, Inc. (PCD- 99 -08) for approval of an approximately 365.6 acre, 905 single family and 132 multi - family dwelling unit residential community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the site is currently zoned Planned Development Area and has a land use of Residential Medium; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulation; and WHEREAS, on November 13, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 5 r Ordinance 43 , 2001 Meeting Date: December 20 , 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida ere y approves the re- zoning of the approximately 365.6 -acre site from Planned Development Area (PDA) to Planned Community Development (PCD), which is located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said PCD shall be known as the "Evergrene PCD." SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns (all conditions referencing vehicular trips shall correspond to certificates of occupancy based on a single family unit generating 10 trips and a multifamily unit generating 7 trips): Project Plans and Uses 1) Fee simple residential lots shall not include parkways; landscape easements or buffers; lake maintenance areas or any water management area; or any other community- serving open space (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details (City Engineer, Planning and Zoning). 3) Prior to the issuance of the 985`h Certificate of Occupancy, the petitioner shall remove the temporary sales center and parking area (Planning and Zoning). 4) The amenities parcel shall be completed prior to the issuance of the 3501h residential Certificate of Occupancy (Planning and Zoning). Environmental Preservation and Landscaping 5a) The applicant, successors, or assigns shall be responsible for the landscape installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous /adjacent to the Evergrene Planned Community Development (PCD), including: a. Western shoulder of Alternate A1A from Hood Road to Donald Ross Road, as permitted, by Florida Department of Transportation. In the event said landscaping is not permitted in the western shoulder of Alternate Al A, the 2 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 applicant agrees to install and maintain-a planting program, subject to the City's and FEC's approval, on FEC right -of -way contiguous /adjacent to the Evergrene Planned Community Development (PCD), provided the City and the Florida East Coast Railroad enter into a lease agreement allowing this landscaping. b. Northern shoulder of Hood Road from Military Trail to Alternate Al (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County. C. Eastern shoulder of Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. d. Southern shoulder of Donald Ross Road from Alternate Al A to Military Trail (to be incorporated into the "Parkway" design requirements), in coordination with the widening of Donald Ross Road, as permitted by Palm Beach County. 5b) The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation, where applicable) of those sections of public rights -of -way contiguous to the Evergrene Planned Community Development (PCD), including: a. Alternate A1A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. b. Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. C. Hood Road from Alternate A1A to Military Trail, with the exception of that portion adjacent to "The Isles" PCD, as permitted by Palm Beach County. d. Donald Ross Road from Military Trail to Alternate A1A, in coordination with the installation of a left turn lane at this location, as permitted by Palm Beach County. 5c) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation, where applicable) of those sections of public rights -of -way adjacent/contiguous to the Evergrene Planned Community Development (PCD), until such time as future development adjacent/contiguous to said rights -of -way, where applicable, are platted, at which time future development shall provide a pro -rata share in the cost of the maintenance, including: a. Hood Road from Military Trail to Alternate A1A. 3 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 b. Alternate A1A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. C. Military Trail from Hood Road to Donald Ross Road. d. Donald Ross Road from Alternate Al to Military Trail. 6) The median and road shoulder landscaping shall be submitted to the Growth Management Department for review and approval and installed based on the following schedule: Hood Road - Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the submittal of the road widening plans to Palm Beach County for approval. Installation: Concurrent with the construction of the road widening of Hood Road from Military Trail to Alternate A1A. Military Trail - Median & Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Prior to the completion of the Military Trail entrance drive into the Evergrene PCD. Donald Ross Road — Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the road widening plans submitted to Palm Beach County for approval, including installation of left turn lane. Installation: Concurrent with the construction of the road widening of Donald Ross Road from Alternate A1A to Military Trail and installation of left turn lane. Alternate A1A - Median and Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Concurrent with the construction of the road widening of Alternate Al A from Hood Road to Donald Ross Road, if permitted by FDOT. 7) Prior to the issuance of the first certificate of occupancy, the applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the 4 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 landscape maintenance of contiguous rights -of -way, then the Evergrene property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a' separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 8) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and /or environmental consultant during land alteration /construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 9) The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 10)All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)(e) of the City's Code of Ordinances and the approved Preservation /Relocation Plan are protected (City Forester, City Environmental Consultant). 11)Detailed road right -of -way and landscape plans for all interior PCD collector roads, including the lake loop road, shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 12)Prior to acceptance by the City of the spine road, from Donald Ross Road to the roundabout, the City Forester shall field check the spine road within preserve areas to determine if supplemental landscape is required (City Forester). 13)Within six (6) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. the maintenance of the landscaping shall be the obligation of the applicant and /or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). 14)Preserves and buffers shall be unencumbered by maintenance, 5 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 15)Prior to the 1 st certificate of occupancy within an adjacent parcel to a public right -of -way, construction shall begin on PCD buffers. PCD buffer installation shall be completed prior to the issuance of 50% of the residential certificates of occupancy within the adjacent parcel (City Forester). 16)Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant (City Forester). Signage 17)The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). 18)Within six (6) months of development order approval, the Planning and Zoning Commission and City Council shall review a master signage program, as a separate petition (Planning and Zoning). 19)Prior to issuance of a building permit for the temporary sales center, the applicant shall submit to the Growth Management Department a temporary signage program for review and approval (Planning and Zoning). Dedications and Improvements 20)AII sidewalks within the parkway easements, not located within the road rights -of -way, shall be dedicated as public access easements and shall be maintained by the Master Property Owners Association (Planning and Zoning). 21)During the course of development, all property within the PCD shall be platted in accordance with the requirements of the City's Land Development Regulations. 22)AII land areas within the project shall have completed the recordation of the plats and the installation of on -site and off -site infrastructure and common landscaping (or providing surety for the same) prior to December 31, 2006, subject to the requirements set forth in section 78 -61 of the Land Development Regulations. 6 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 Traffic Concurrence and Circulation 23)Prior to the issuance of the first certificate of occupancy (with the exception of the approved model homes) for each parcel, the City shall accept the Substantial Completion of the north -south spine road adjacent to and providing access to said parcel as approved by the City Engineer. Substantial Completion for the spine road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 24)Prior to the issuance of first certificate of occupancy (with the exception of the approved model homes) within each parcel, the supporting infrastructure of said parcel shall be constructed and approved by the City. The roadway portion of each parcel shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the parcel is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 25)Prior to the issuance of the first building permit (with the exception of the approved model homes) for any structure, the applicant shall provide surety that is acceptable to the City for the construction of the improvements for the spine road, from Donald Ross Road south to the Hood Road entrance and including the Military Trail entrance. The applicant shall provide an annual evaluation and adjustment of the surety for the spine road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 26)No more than 855 daily trips (any combination of land use) may be permitted until the contract is let for widening Alternate A1A from Hood Road to Gardens Parkway. This is an "assured construction" project (City Engineer, Palm Beach County). 27)No more than 2,708 daily trips (any combination of land use) may be permitted until the contract is let for construction of the Alternate A1A/PGA Boulevard Interchange, which includes widening of Alternate Al A from Gardens Parkway to the Loop Road. This is an "assured construction" project (City Engineer, Palm Beach County). 28)No more than 5,132 daily trips (any combination of land use) may be permitted until the contract is letforwidening of Hood Road, from 7 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99-08 Military Trail to Alternate Al A. This is not an "assured construction" project (City Engineer, Palm Beach County). 29)No more than 5,560 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second northbound left -turn lane at the intersection of Alternate Al A and Hood Road. This is not an "assured construction" project (City Engineer, Palm Beach County). 30)No more than 5,660 daily trips (any combination of land uses) may be permitted until the contract is let for adding a northbound through lane, southbound through lane and eastbound through lane at the intersection of Hood Road and Alternate Al (City Engineer, Palm Beach County). 31)No more than 5,905 daily trips (any combination of land use) may be permitted until the contract is let for changing lane configurations on the northbound approach to three left turn lanes, and one right turn lane, at the intersection of PGA Boulevard and Victoria Gardens Drive. In case FDOT does not approve this change in lane configuration, then one additional northbound left turn lane shall be provided. This is not an "assured construction" project (City Engineer, Palm Beach County). 32)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for the widening of Alternate Al A from the Loop Road to south of RCA Boulevard, and addition of exclusive right -turn lanes on both the eastbound and westbound approaches, at the intersection of Alternate A1A and RCA Boulevard. This is not an "assured construction" project (City Engineer, Palm Beach County). 33)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for adding a northbound through lane at the intersection of RCA Boulevard and Alternate Al A (City Engineer, Palm Beach County). 34)No more .than 6,938 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second eastbound left turn lane at the intersection of Military Trail and Donald Ross Road. This is an "assured construction" project (City Engineer, Palm Beach County). 35)At time of construction of all entrance drives to the site, the applicant shall provide exclusive right turn ingress lanes and left turn ingress lanes at all intersections with surrounding public rights -of- way (City Engineer, Palm Beach County): 36)For all roadway improvements that are not an "assured construction" project, the developer shall enter into a Public 8 I . il 1 4 0 a9 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 Facilities Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the county Engineer, within six (6) months of issuance of the Development Order, and before the first building permit is issued (City Engineer, Palm Beach County). 37)The applicant shall conduct a traffic signal warrant study during peak season for the signalization of the Military Trail entrance to the development prior to the issuance of the 519th and the 985th certificate of occupancy. Should the warrant study indicate a need for a signal, the applicant, successor, or assigns shall be required to provide for the full cost of the signal, or as otherwise determined by the City Engineer. The applicant shall submit a bond for the cost of said signal, prior to the issuance of _the 519th certificate of occupancy. If the signal is not warranted at the 985th certificate of occupancy, the City shall return said bond to the applicant. (City Engineer). 36)The applicant shall pay to the City a pro -rata share of the cost of the installation of the traffic signal at the intersection of Hood Road and Alternate Al A at the time of signal installation (City Engineer). 37)At such time a traffic signal becomes warranted at the intersection of Prosperity Farms Road and Hood Road, per Ordinance 4, 2001, the applicant shall pay to the City its pro -rata share of the cost of installation (City Engineer). 38)Prior to the issuance of the 985th certificate of occupancy for this project, the spine road and all of the internal collector roadways shall be fully constructed and approved ;by the City of Palm Beach Gardens. Prior to the final certificate of occupancy for each Pod or Parcel, the internal collector roadways serving said parcel shall be fully constructed and approved by the City of'Palm Beach Gardens (City Engineer). 39)Prior to the build -out date, a signal warrant analysis shall be performed annually during the peak season at the intersection of Hood Road and Alternate A1A (City Engineer). 40)No more than 5,132 daily trips (any combination of land use) may be permitted until the applicant and Seacoast Utility Authority (SUA) work together to develop a plan to provide reasonable access to the SUA facility. The plan shall be submitted to, reviewed, and approved by the City Engineer. The cost for the improvements shall be borne by the applicant, and approved by the City Engineer. ;.J Ordinance 43,2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 Surface Water Management 41) No construction of any portion of the Surface Water Management System shall be undertaken without first submitting to the City plans, specifications and supporting calculation for review and approval by the City (City Engineer). 42)The applicant shall copy all correspondence to and from South Florida Water Management District regarding the Surface Water Management System to the City (City Engineer). 43)The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) and /or local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination (City Engineer). 44)The construction, operation and /or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at anytime during the development it is determined by the City Engineer that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City Engineer prior to additional construction activities (City Engineer). 45)Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as to not impact native vegetation in designated buffer areas, preserve areas and wetlands (City Engineer). 46)AII areas designated for maintenance of the surface water management system shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal: vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for their intended purpose (City Engineer). 47)Prior to the issuance of the first building permit for each portion of the project, the applicant shall provide surety acceptable to the City for Public Improvements as defined by Section 78-461 of the City's 10 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 Land Development Regulations. Surety outstanding for more than one (1) year shall be evaluated and adjusted annually to account for inflation and fluctuations of construction costs (City Engineer). 48)Prior to the issuance of building permits for residential units, a contract shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels.of service and performance standards. No certificates of occupancy shall be issued until the approved phased portion of the surface water management system has been completed, certified to the City and South Florida Water Management District by the engineer -of- record and determined to be acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 49)No construction /land alteration shall occur until an environmental resource permit for construction and operation of the surface water management system, or portions thereof, are issued by SFWMD and approved by the City (City Engineer). 50)The water management system shall be continued to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 51)The applicant and /or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 52)Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (Planning and Zoning). 11 A ' I Ordinance 43,2001 Meeting Date: December 20 , 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 53)The petitioner and the City of Palm Beach Gardens shall establish the boundaries of the Lake Maintenance Easement in order to accommodate the existing lake condition. The easement may vary from the standards of Section 282, as acceptable to the City Engineer; however, the design of said lake condition shall be approved by the City Engineer (City Engineer). School Board 54)The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). 55)In the event that school buses no longer enter the community, the applicant shall submit an alternate bus stop and shelter plan for City Council review and approval (Planning and Zoning). Utilities 56)AII utilities shall be placed underground and within private road rights -of -way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). Public Safety 57)Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department,. Planning and Zoning). Disclosure 58)Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County (City Attorney). 59)An annual report shall be submitted to the Growth Management Department by December 20 of each year, until the project has reached buildout, that describes the project's current status and 12 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 compares its progress with the provisions of the development order (Planning and Zoning). 60)The applicant shall provide Written disclosure to all future homebuyers that the clubhouse parcel shall be built prior the 350th residential certificate of occupancy. The form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit (City Attorney). 61)The applicant shall provide written disclosure to all future homebuyers that the Florida East Coast Railroad may expand from a single track to a double track facility in the future. The form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit (City Attorney). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit —T' atta ed hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. October 26, 2001, Master Site Plan, Urban Design Studio, 1 Sheet 2. October 2, 2001, Buffer Plans, Lucido and Associates, Sheets 1 -2 and 7 -10 3. December 10, 2001, Buffer Plans, Lucido and Associates, Sheets 3 - 6 4. October 26, 2001, Crosswalk Detail Sheet, Urban Design Studio, 1 Sheet 5. October 26, 2001, Temporary School Bus Stop Detail Sheet, Urban Design Studio, 1 Sheet 6. October 2001, Typical Roadway Sections, Southern Design Group, 3 Sheets 7. October 2, 2001, Typical Roadway Sections, Southern Design Group Sheets 1 of 1 and 2 of 2 8. October 2, 2001, Typical Landscape Plans for Interior Roadways, Lucido and Associates, 4 Sheets 9. October 2, 2001, Sales Center Site Plan, Urban Design Studio, 1 Sheet 10. October 2, 2001, Sales Center Landscape Plan, Lucido and Associates, 2 Sheets 11. September 28, 2001, Preliminary Water, Sewer and Drainage Plan, 13 0 0 Ordinance 43,2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCO -99 -08 Southern Design Group, 2 Sheets 12, September 28, 2001, Master Drainage Plan, Temporary Sales Center, Southern Design Group, 2 Sheets 13. February 29, 2000, Topographic Survey, Cranahan, Proctor and Gross, 2 Sheets 14. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. Supporting Documents: 15. June 8, 2001, Wetland Cross Section EE, CZR, Inc., 1 Sheet 16. August 11, 2000, Mitigation Monitoring Plan, CZR Inc., 1 Sheet 17. August 9, 2000, Mitigation Plan, CZR, Inc., 1 Sheet 18. August 17, 2001, Surface Water Management System Application, Southern Design Group 19. October 25, 2001, State Highway Improvement Plans, State Road Alternate Al A, George F. Young, Inc. 20. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. 21. December 20, 1999, Application of Environmentally Sensitive Lands, Joanne Davis and Associates. 22. July, 2000, Hood Road, Widening Construction Plans, Palm Beach County, 17 Sheets SECTION 5. This approval expressly incorporates all representations made byte eveloper or its agents at any public meeting or hearing. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OFDpc 2001. PLACED ON SECOND READING THIS,20 DAY OF 2001. PASSED AND ADOPTED THIS DAY OF �.�..2001. 14 Ordinance 43,2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 R. RUSSO VI I ERI JABLIN -COUNCILWOMAN LAUREN FURTADO ea�� COUNCILMAN DAVID CLARK . f) COUNCIL N CARL SABATELLO ATTES��BY ,CAROL GO MM'C ;CITY CLERK_ s -ARR - WFiD�,AS O LEGAL FORNIAND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILPERSON FURTADO COUNCILMAN SABATELLO G/ed/2001 /pcd9908ord 15 ABSENT Ordinance 43.2001 Meeting Date: December 20.2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 EXHIBIT "A" 16 LiAlON SKETCH NOT TO SCALE ' LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 25. TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM. BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING NORTHERLY OF THAT CERTAIN ROAD RIGHT -OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM -THAT, PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE RIGHTS -OF -WAY OF MILITARY TRAIL AND DONALD ROSS ROAD.. CONTAINING 97.296 ACRES, MORE OR LESS. i TOGETHER WITH. A PARCEL OF LAND SITUATE IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH. RANGE 42 EAST. PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING SOUTHERLY OF THAT CERTAIN ROAD RIGHT -OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PART OF SECTION 36. TOWNSHIP 41 SOUTH. RANGE 42 EAST LYING NORTHERLY OF THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD AND EASTERLY OF MILITARY TRAIL. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING . EASTERLY OF THE WEST RIGHT-OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE ADDITIONAL RIGHTS -OF -WAY OF MILITARY TRAIL* AND HOOD ROAD CONVEYED IN OFFICIAL RECORDS BOOK 7483, PAGE .1746. ALSO LESS THOSE PARCELS OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2856, AT PAGE 595, OFFICIAL RECORDS BOOK 2732, AT PAGE 422, AND OFFICIAL RECORDS BOOK 2732, AT PAGE 428, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 265.424 ACRES. MORE OR LESS. LAST DATE OF FIELD WORK: 2/01/00 SURVEYOR'S CERTIFICATE • is EXHIBIT "B" Evergrene PCD Waivers from Land Development Regulations Code Section Required Provided Section 78 -155 Submit with PCD application Submit at future date Common Area Landscape Plan Section 78 -506 5 foot wide sidewalks on each side of Meandering Sidewalks roadway 8 -foot multi -use on one side of spine road Section 78 -341 Off -street parking only permitted. On street parking Intent (off -street parking) On -site parking required Section 78 -343 Location of required parking Section 78-498 (f) 80 -foot wide minimum ROW for collector 60 -foot wide ROW with curbing minimum ROW streets. widths. Section 78 -186 (8F Maximum height of 6 feet in residential Maximum height of 10 feet Fences and Walls zoning districts adjacent to FEC RR. Section 182 Lake 20 foot easement without vertical Existing landscaping within the Maintenance construction or trees LME for the existing lake. Easements Section 78 -345 Maximum of 110 % required parking Temporary Sales Center 190% Number of Parking permitted of code with overflow lot Spaces Required Section 183 Size Minimum loading size space of 12'X 35' 10' X 18.5' loading space at of Loading Spaces temp. sales center Section 78-446 No building permits issued prior to plat Temp. sales center prior to plat Plat review and recordation recordation approval process i • 0 • Planning & Zoning Commission Meeting Date: October 17, 2001 Date Prepared: Ocotber 10, 2001 Petition PCD -99 -08 e uQ e° n Site = PCD Underlying Zoning: Consistent with the Master an To be determined Pod Specific PCD Gross Density. 2.8 dwelling units per acre Yes Residential Medium: Maximum of 9 dwelling units per acre Parcel Density: Low: max of 5 du /ac As indicated on the Master Plan To be determined. Medium: max of 9 du/ac High: max of 12 du /ac Minimum Size Area 362.72 acres Yes 50 acres Open Space Requirement 43% Yes Overall PCD: 20 % Open Space Requirement for To be determined residential parcels: 35% :�:f ::��!'ti ?';lllci�?', :: : }r;.�,1• • ;n.. - - -. • /, �7+'.r ,. , )ytt "''ti'1'y1 - it :: 0.1 a'. .�,�•r i;:,'y�! •;i. _.i�•a ..,:r;,'ti S ..l:; ••1;�'�.p. ray' .ti.,. �t.i .'�. ?y' {I •:1 �, �' .,V7•r "�i "•' �i.'Ei'�'1 n.'•,: F,, {;,. {.,,. o.Iri:':�.i ,fir ,��. �.•f:;,t.,::i +'�5:u!'•: � }: i r I 5`, .r'..dis;;f...•[�;1y:.• „ Y . : t I 4., � ,J t ,� t i � ) . _ •t ' �'• 'd, •.i..J� 1 Tilt 1 +,Ji(y! /• J/ (::, { , 1 t +� Al ( 1 I• CT 1 '1, r a.. :it ?:�i;i�r..i °:Yi:yi: ^!: .'1��.:1'_a5i 4f'•y'. •dY.l •.. :•�i �1h.` .d'`i �t'•rw.�:;�;:: a'�p. .S{is�':.. I:L.i. {r.:; ��', �•',ai -'; .;' �.. '' �• �Y y ``ln,��` , .,""., r, q : /, •1fS�', "L "�. hw.. .,�� {,�� t.. '• 1't � 'a: .. i.' ��;.: `y.:.r•:'4_'' iffy, �,.;'•�•;y'.i. 6:;A:.�.,1;� , . . �.• • ;e. t Ir'� Al / t r ;. ..t. a�y;, %i �.it.�.%I.F. J.i•Y':t.�,- �• ".`' °' � s :.�''1 ir6A ins '• _I. _ 229 Last Revised: May 20, 2002 RESOLUTION 83, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR A CLUBHOUSE AND ENTRY FEATURES WITHIN THE EVERGRENE PCD, LOCATED BETWEEN HOOD ROAD & DONALD ROSS ROAD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has received an application from Urban Design Studio (SP -01- 42), agent for Community Finance Company, for approval of a site plan for approximately a 12,390 square -foot clubhouse building with accessory recreation uses, and entry features to be located at the Hood Road, Donald Ross Road and Military Trail entrances to the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant requests three (3) waivers as part of site plan approval for clubhouse site; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land -use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on February 26, 2002, the Planning and Zoning Commission recommended approval of the site plan for the clubhouse and entry features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a 12,390 square -foot clubhouse building with accessory recreation uses, and entry features to be located at the Hood Road, Donald Ross Road and Military Trail entrances to the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. City Council Meeting Date: June 6, 2002 Date Prepared: May 17, 2002 Petition SP -01 -24: Resolution 83, 2002 Section 2. The applicant, successor, or assigns shall implement the following Crime Prevention Through Environmental Design (CPTED) guidelines: 1. Metal halide lighting shall be used for parking lot and pedestrian walkways. (Police) 2. Entry signage shall be lighted. (Police) 3. Numerical addresses shall be illuminated for nighttime visibility, and shall have bi- directional visibility from the roadway. (Police) 4. Railing shall be used for the covered floating dock. (Police) 5. Circular drop -off area shall be one way with signage stating "One Way." (Police) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following three (3) waivers for the clubhouse site: A waiver from Section 78- 186(b)(8) of the City Code, which requires a maximum fence height of six feet in residential areas. The applicant proposes a 10 -foot fence height surrounding tennis courts within a residential area. 2. A waiver from Section 78 -345 (d)(3) of the City Code, which permits a maximum number of parking spaces at 110% of code requirement. The applicant is requesting 67 spaces total, or 160% of the code required number of spaces. 3. A waiver from Section 78- 563(e) of the City Code, which requires no construction within Lake Maintenance Easements. The applicant is requesting to construct a floating dock within a Lake Maintenance Easement. Section 4. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1. April 9, 2002, Site Plan, Lucido and Associates, 4 Sheets 2. April 9, 2002, Landscape Plans and Entry Details, 4 Sheets 3. May 14, 2002, Hood Road and Donald Ross Road Entry Site and Landscape Plans, 2 Sheets 4. (Date Stamped) November 26, 2001, Building Elevations and Floor Plans, WCI Architecture and Planning, 2 Sheets 5. November 2, 2001, Donald Ross Road and Hood Road Gatehouse Elevations and Floorplans, WCI Architecture and Planning, 2 Sheets 6. May 14, 2002, Conceptual Engineering Plan, Keshavarz and Associates, 1 Sheet 7. May, 2002, Typical Roadway Sections, Southern Design Group, 2 Sheets 8. March 8, 2002, Photometric Plan, Garrison, Frohlich and Associates, Sheet E -1 9. January 25, 2002, Bus Shelter Elevations, WCI Architecture and Planning, 1 Sheet 2 IF X# City Council Meeting Date: June 6, 2002 Date Prepared: May 17, 2002 Petition SP -01 -24: Resolution 83, 2002 10. October 26, 2001, Special Purpose Survey, Donald Ross Road, Carnahan, Proctor, Cross, 1 Sheet Section 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 6th ATTESTED- BY.: - VOTE:., - MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO g /ed /2002 /sp0142re APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Len Rubin, City Attorney AYE NAY ABSENT V- 3 EXHIBIT "A" (next two pages attached) 4 City Council Meeting Date: June 6, 2002 Date Prepared: May 17, 2002 Petition SP -01 -24: Resolution 83, 2002 a • i_L i'1v . _/vv 1 l I Ll vi IQ-1c I u I-HA ; y54y(C41 k5 HHUL e/ / EXHIBIT "A" - CARNAHAN - PROCTOR • CROSS, INC CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTIC BLVD., MARGATE, FL 33063 PHONE (SU)97239% FAX (954)972.4178 E -MAIL: maMataCcamahan- proctor.com DESCRIPTION AND SKETCH j ij (NOT ASURVEY) EVERGRENE - AMENITY CENTER LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN THE EAST ONE -HALF OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST ONE-HALF; THENCE NORTH 01 °22'07' EAST, ALONG THE WEST LINE OF SAID EAST ONE -HALF, A DISTANCE OF 970.20 FEET; THENCE SOUTH 88 °378'53" EAST, A DISTANCE OF 1035.80 FEET TO THE POINT OF BEGINNING; THENCE NORTH 19'22'16" EAST, A DISTANCE OF 311.25 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 139:00 FEET AND A CENTRAL ANGLE OF 72 °0640 ", A DISTANCE OF 174.90 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 88 °32'04" EAST, A DISTANCE OF 143.14 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 154.00 FEET AND A CENTRAL ANGLE OF 63 °38'05 ", A DISTANCE OF 171.04 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 24 °53'59" EAST, A DISTANCE OF 126.38 FEET; THENCE SOUTH 26'06'05" EAST, A DISTANCE OF 267.82 FEET; THENCE SOUTH 63 °53'55" WEST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, A DISTANCE OF 51.25 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 78.00 FEET AND A CENTRAL ANGLE OF 73 °22'4711. A DISTANCE OF 99.90 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 80 °31'07" WEST, A DISTANCE OF 200.62 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 122.00 FEET AND A CENTRAL ANGLE OF 41 °13'21 ", A DISTANCE OF 87.78 FEET TO THE POINT OF TANGENCY; THENCE NORTH 58 °15'32" WEST, A DISTANCE OF 177.51 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY, SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET AND A CENTRAL ANGLE OF 101 °41'29", A DISTANCE OF 138,44 FEET; THENCE NORTH 70 °37'44" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 12.14 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 4.808 ,ACRES, MORE OR LESS. NOTES 'I. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ;!. THIS SKETCH IS THE PROPERTY OF CARNAHAN - PROCTOR- CROSS, INC.. AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. :I. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS. RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. il. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. !i. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, IASEMENTS. RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION ti. THIS IS NOT A SURVEY. .ABBREVIATIONS A - ARC LENGTH PC. - PAGE (SO E C.R. - BROWAID COUNTY REMROS P.O.B. - POINT OF BEGINNING CH - CHORD P.O.C. - POINTOFCOMMEHCBMENT D - DELTA (CENTRAL ANGLE) P.O.T. - POINT OF TBRMrNATION Iit • DRAINAGE EASEMNN I' R - RAWL''S O R. B. - OFFICIAL RECORD BOOK IUW - RIGIIT.OF.WAY P B. - PLAT BOOK U.E. - UTILITY EASEMENT P B C.R - PALM 06ACH COUNTY RECORDS SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61617.6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES, AND THAT SAID DI_SCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. JEFF S, HODAPP SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY FLORIDA LICENSE NO. LS 5111 r a90MO I llegRlsVec. doc IJOU 21 2001 13:42 9549724178 F'AGE.02 r riLt No.JbZS 11 /C1 .V1 ld:1C 1U ;UHKNHHHN l'KUUIUK&UKUJS hHX - `J MJ('L41Yt$ 60' 60' IN v I� I� IN to Iu ILo l� I Lj Iz �o ti 0 VHlat S/ 3 a042--i'd-0 IN - V-PA, {h°�p�iap S8 ° 32'04 "E 143 14' Loll s�po . Ol I lw l r` IN N I° O z P.O.C. S.W. CORNER j E. 1/2 SE TION 25.41 -42 I 0 cz- � cv QD NM's ca w � Q dotib s spl 0 i� y aUptIVUUN F.B. /PG. I DATE I BY CK'D El 10. 990901 DWG BYI JSH SCALES I ISO' A►ENITY CENTER EVERGRENE CK'0 BYe JDATES 11 -2I -01 SHEET 2 OF 2 SHEETS FILE# f"\99090i\ooda\sK8i.00n NOV 21 2001 13:43 9549724178 PRGE.03 IC j 35,$0' IC . Ol I lw l r` IN N I° O z P.O.C. S.W. CORNER j E. 1/2 SE TION 25.41 -42 I 0 cz- � cv QD NM's ca w � Q dotib s spl 0 i� y aUptIVUUN F.B. /PG. I DATE I BY CK'D El 10. 990901 DWG BYI JSH SCALES I ISO' A►ENITY CENTER EVERGRENE CK'0 BYe JDATES 11 -2I -01 SHEET 2 OF 2 SHEETS FILE# f"\99090i\ooda\sK8i.00n NOV 21 2001 13:43 9549724178 PRGE.03 i OFF`. ta�9t3S1f�51JS�i"� 41 FAX 09/0$/2003 10 'j Jean Harries -Boyer 762 Bocce Court Palm Beach Gardens, FL 33410 September 16, 2003 Mr. Brad Wiseman Growth Management 10500 N Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Wiseman: I am writing to express my concern regarding the Request to revise Conditions of Approval #4 and #60 with regards to the "clubhouse parcel" and the "amenities parcel" being constructed prior to the 350th residential certificate of occupancy. When I purchased the house, the clubhouse was to be built between June and September of 2003. Because the clubhouse is a very large part of this project, I see no reason to change what was originally agreed on.. I do not support the amendment and hope that as my representatives the City Council and the Planning & Zoning Commission will not authorize this change. Thank you for your anticipated cooperation. Very truly yours, Jean Harries -Boyer Qft OP UyA '?. I CLO Thursday, September 04, 2003 Mr. Brad Wiseman Growth Management 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear Mr. Wiseman: I am writing to express my concern regarding the Request to revise Conditions of Approval #4 and #60 with regards to the "clubhouse parcel" and the "amenities parcel" being constructed prior to the 350th residential certificate of occupancy. I purchased three properties in Evergrene and currently live in the Reserve section of Evergrene at 754 Bocce Court. I was told at the time of purchase that the clubhouse would be completed several months prior to today. When it was time to actually sign the contract, page 25 Section 12.1 stated that delivery would,occur prior to the issuance of the 350th residential certificate of occupancy. My assuredness rested in the fact that WCI could not change the delivery conditions without the approval of the City of Palm Beach Gardens acting on behalf of its citizens. I do not support this amendment and hope that as my representatives the .City Council and the Planning & Zoning Commission will not authorize this change. To help me better understand the process, please let me know why I, along with my neighbors were never sent any notification or similar communications regarding this issue? If there is anything my neighbors and fellow investors can do to insure that we are aware of any proposed changes please let me know. I can be reached at (561) 352 -3800 or through my mailing address of 754 Bocce Court, Palm Beach Gardens, Florida 33410. Thank you for your time and attention. Sincere i 2. CLIP J. i Ile Echard Michelle Rogers �---- From: Patty Snider Sent: Friday, September 05, 2003 1:43 PM To: Michelle Rogers Subject: FW: A Meeting Please let Ron know that I have not forwarded this to the Mayor yet. - - - -- Original Message---- - From: Richard Kurtti ( mailto:richardkurtti @yahoo.com] Sent: Thursday, September 04, 2003 4:36 PM To: Eric Jablin Subject: A Meeting Mr. Mayor, I would love to schedule a few moments with you to chat about the WCI Evergrene project. It seems that WCI is trying to postpone the construction of their clubhouse until arch 31, 2004!• CL - /(CC C I was told by the sales force in early 2002 that the clubhouse would be ready in the first quarter of 2003. I started the process to have a home built based on _T1r1C(e_ d. '(�.o cor4 4-r this promise. I felt, and the sales force reinforced this, that the clubhouse was a significant factor in valuing the property. (r, (�C O Since the clubhouse is such a major part of the community, I can't understand that WCI would delay it! I do not want the city to agree to this. I do not want the planning department to agree to this. I'd like those few minutes of your time to discuss this. There is an enormous groundswell of discontent amongst some of the property owners and investors and I'm sure you would like to be informed of this rather than miss this opportunity to right this wrong. Richard Kurtti (561) 310 -559 — ieq carte +%� l C LJD)"at,r't_ b be eo(Kpte. +e_d prtoc 40 t1v� 3 see l'- rCJ -)C)C J6 * 1 C-er- -f, -C-*.fe oC- O CCC-4)0,^C CO - fegt tqy 1.)c .4cr A Do you Yahoo!? Yahoo! SiteBuilder - Free, easy -to -use web site design software http: / /sitebuilder.yahoo.com �� P,w A I v'GloJi r all 'FL. i( l l 11.0 v1t �LXec r �C.f►tlen'f10,� Cer'{��ico. {c o5 UCC�a•.c�, , RECERVED �u -V 1 0 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 7, 2003 Meeting Date: December 4, 2003 Resolution 223, 2003 SUBJECT /AGENDA ITEM: Resolution 223, 2003 — BallenIsles Temporary Sales Center Time Extension Consideration of Approval: A request by Urban Design Studio, agent for Dexter Development Company, to extend the time period of the temporary sales center, which expires December 14, 2003, in the BallenIsles Planned Community Development (PCD) by one year until December 14, 2004, or by the date the City Council takes a final action on the pending PCD amendment, whichever occurs first. The PCD is bounded to the north by PGA Boulevard, Northlake Boulevard to the south, Military Trail to the east, and the Ronald Reagan Turnpike to the west. The sales center site is approximately 2.8 acres in size with 7,113 square feet of office space. [ ] Recommendation to APPROVE [ X ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner: Costs: $ NA [ ] App. w/ conditions Project Total [ ] Denied Talal M. Benothman AICP Manager [ ] Continued to: City Attorney: Jackie H 11 an $ NA Current FY Christine P. Ta V G h Management Funding Source: Attachments: 'ni trato Advertised: NA • Resolution 223, 2003 Date: Paper: [ ] Operating . Applicant's Request Charles K. Wu, AICP [X] Not Required [X] Other NA • Resolution 99, 2003 • Resolution 219, 2002 Approved By: • Resolution 167, 2002 City an er Budget Acct. #: e Resolution 7, 1995 NA *Resolution 103, 1999 Ronal M. erris s Resolution 70, 1989 • Location Map Date Prepared: November 7, 2003 Meeting Date: December 4, 2003 Resolution 223, 2003 BACKGROUND The temporary sales center was approved by the City Council through the adoption of Resolution 70, 1989 approximately one year after approving the Ballenlsles PCD in 1988. The City Council authorized the sales center to operate for a ten -year period only, but with the option of receiving a three -year time extension from the effective date of Resolution 70, 1989. The ten -year period expired on September 14, 1999. In 1995, the City Council approved Resolution 7, 1995, authorizing the expansion of the temporary sales and information center by 1,150 square feet. Currently, it is 7,113 square feet of office space. On June 29, 1999, the petitioner filed a time extension application with the City, and on September 16, 1999, the City Council approved Resolution 103, 1999, authorizing a three -year time extension for the sales center, which expired on September 14, 2002. On October 23, 2000, the petitioner filed for an amendment (Ordinance 33, 2002) to the BallenIsles PCD requesting several changes, one of which was to convert the temporary sales and information center into a permanent Real Estate Sales and General Office facility with the ability to conduct business within as well as outside the PCD. On August 15, 2002, the City Council postponed Ordinance 33, 2002, on First Reading to November 7, 2002, as requested by the petitioner. Resolution 167, 2002, granted a three -month time extension until December 14, 2002, because the previous time extension granted for the sales center expired on September 14, 2002. On December 5, 2002, City Council approved Resolution 219, 2002, which granted a six -month time extension until June 14, 2003. The applicant requested and received an additional continuation of the public hearing for the PCD amendment, which is still pending. On June 5, 2003, the City Council approved Resolution 99, 2003, which granted a six -month time extension until December 14, 2003, or until the City Council takes a final action on the pending PCD amendment to the BallenIsles PCD, whichever occurs first. The applicant is now requesting an additional one -year time extension until December 14, 2004, or until City Council takes a final action on the pending PCD amendment, whichever occurs first. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low, and has a future land -use designation of Residential Low (RL). Date Prepared: November 7, 2003 Meeting Date: December 4, 2003 Resolution 223, 2003 STAFF RECOMMENDATION As stated above, the original Resolution 70, 1989, approved a temporary sales center for a period of 10 years, and also authorized one extension by subsequent resolution for a period of three years. To date, the applicant has received four time extensions totaling four years and three months, since September 14, 1999. During this time, the applicant has not addressed staff's concerns over major issues with the development, one of which would be the conversion of the sales center into a permanent sales office for sales inside and outside the development. The applicant has stated the continued postponement of the BallenIsles PCD Amendment application is the reason for requesting the time extension. The PCD Amendment application was initiated October 23, 2000, which has been postponed to present time without an anticipated resolution. Staff remains in support of the intent of Section 3 of Resolution 70, 1989, which authorized the use of a temporary sales center for a period of ten (10) years until September 14, 1999, and which also stated the petitioner may obtain an extension by subsequent resolution for a period not to exceed three (3) years, which expired on September 14, 2002.. This period has already been exceeded by one year and three months. It is staff's professional opinion that further extension of the sales center use is contrary to the temporary nature of the sales center contemplated 14 years ago. Therefore, staff recommends denial of Resolution 223, 2003, which would grant a fifth time extension for one year. Jh /Ballenlsles Sales Center /MISC -03 -32 time extension stf rpt CC 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: November 7, 2003 RESOLUTION 223, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AN EXTENSION FOR THE BALLENISLES TEMPORARY SALES CENTER LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE APPROXIMATELY 700 FEET SOUTH OF PGA BOULEVARD, IN THE BALLENISLES PLANNED COMMUNITY DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Urban Design Studio, agent for Dexter Development Company, has initiated a request for approval of a one -year time extension, until December 14, 2004, or an extension until the City Council takes final action on the Ballenlsles PCD amendment, whichever occurs first, for the Ballenlsles temporary sales center located within the Ballenlsles Planned Community Development (PCD); and WHEREAS, Resolution 70, 1989 granted approval for the Ballenlsles temporary sales center for a period of ten years to expire on September 14, 1999, and specifically allowed for a request for a time extension of three years; and WHEREAS, Resolution 7, 1995, granted the expansion of the temporary sales center by 1,150 square feet, for a total of 7,113 square feet of office space; and WHEREAS, Resolution 103, 1999 granted approval for a three -year time extension for the Ballenlsles temporary sales center to expire on September 14, 2002; and WHEREAS, there is a pending application to amend the Ballenlsles PCD to convert the sales center to a permanent facility; and WHEREAS, Resolution 167, 2002 granted approval of a three -month time extension for the Ballenlsles temporary sales center to expire on December 14, 2002; and WHEREAS, Resolution 219, 2002 granted approval of a six -month time extension for the Ballenlsles temporary sales center to expire on June 14, 2003, or until the City Council takes final action on the Ballenlsles PCD amendment, whichever occurs first; and WHEREAS, Resolution 99, 2003 granted approval of a six -month time extension for the Ballenlsles temporary sales center to expire on December 14, 2003, or until the City Council takes final action on the Ballenlsles PCD amendment, whichever occurs first; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 7, 2003 Resolution 223, 2003 WHEREAS, Resolution 99, 2003 granted approval of a six -month time extension for the Ballenlsles temporary sales center to expire on December 14, 2003, or until the City Council takes final action on the Ballenlsles PCD amendment, whichever occurs first; and WHEREAS, the City Council has deemed the approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens hereby approves a one -year time extension, until December 14, 2004, or until the City Council takes a final action on the pending Ballenlsles PCD amendment, whichever occurs first, for the Ballenlsles Planned Community Development's temporary sales center, for the following described real property: LEGAL DESCRIPTION: BALLENISLES PLANNED COMMUNITY DEVELOPMENT TEMPORARY SALES CENTER TRACT GC -1 OF PLAT ONE, HANSEN -JDM, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 64, PAGES 67 THRU 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Said approval shall be consistent with all previous approvals for the temporary sales center within the Ballenlsles PCD. SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: November 7, 2003 Resolution 223, 2003 1 PASSED AND ADOPTED this day of , 2003. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Eric Jablin, Mayor 9 ATTEST: 10 11 12 BY: 13 Patricia Snider, City Clerk 14 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 Christine P. Tatum, City Attorney 22 23 24 VOTE FOR AGAINST ABSENT 25 26 MAYOR JABLIN 27 28 VICE MAYOR SABATELLO 29 30 COUNCILMEMBER CLARK 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER DELGADO 35 36 37 38 39 40 41 42 43 44 45 46 47 \\ pbgsfile\Attorney \attorney_share \RESOLUTIONS \Reso 223 2003- time ext- ballenisles.doc 48 jh /Ballenisles Sales Center /Reso 223 2003 time ext. 3 November 7, 2003 Mr. Talal Benothman, AICP, Principal Planner The City of Palm Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: BALLENISLES PCD AMENDMENT - PETITION NO. PCD -00 -02 Dear Talal, n Urban Design Urban Planning Land Planning Landscape Architecture Please accept this Miscellaneous Application as our request for a time extension for the BallenIsles Sales Center for up to (1) year for further time to allow for the successful negotiations between the petitioner and residents of BallenIsles with relation to the Ballenlsles PCD Amendment currently on file with the City. As discussed in previous extension requested, the PCD amendment application includes a request to allow the Sales Center to remain as a permanent use beyond the December 14, 2003 date, as referenced in Resolution 99, 2003. Because there is a current application in process, which is being held back from being placed on a City Council meeting schedule due to ongoing negotiations between the developer and the residents, as an "administrative" measure we are asking that the City Council allow the continued use of the Sales Center until the PCD amendment is voted upon. Please accept this letter as our request for the preparation of a Resolution for City Council approval to facilitate this request. Should you have any questions in this regard, please feel free to call me. Sincerely, Henry Sko owski, AICP Principal sp cc: Roy Davidson Charles Wu Chris Tatum John Gary G: \Jobs \Ball en i sIes \Sal eCtr \SalesExtension LtrN ar. 1 10703. wpd i O. V 'N z�\ 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 Date Prepared: May 16, 2003 Resolution 99, 2003 1 RESOLUTION 99, 2003 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A TIME EXTENSION 6 FOR THE BALLENISLES TEMPORARY SALES CENTER LOCATED 7 ON THE WEST SIDE OF BALLENISLES DRIVE APPROXIMATELY 8 700 FEET SOUTH OF PGA BOULEVARD, IN THE BALLENISLES 9 PLANNED COMMUNITY DEVELOPMENT, AS MORE 10 PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant has initiated a request for approval of a six -month time 15 extension, until December 14, 2003, or an extension until the City Council takes a final 16 action on the Ballenlsles PCD amendment, whichever occurs first, for the Ballenlsles 17 temporary sales center located within the Ballenlsles Planned Community 18 Development; and 19 20 WHEREAS, Resolution 70, 1989 granted approval for the Ballenlsles temporary 21 sales center for a period of ten years to expire on September 14, 1999, and specifically 22 allowed for a request for a time extension of three years; and 23 14 WHEREAS, Resolution 103, 1999 ,granted approval for a three -year time 5 extension for the Ballenlsles temporary sales center to expire on September 14, 2002; 26 and 27 28 WHEREAS, there is a pending application to amend the Ballenlsles PCD to 29 convert the sales center to a permanent facility; and 30 31 WHEREAS, Resolution 167, 2002 granted approval of a three -month time 32 extension for the Ballenlsles temporary sales center to expire on December 14, 2002; 33 and 34 35 WHEREAS, Resolution 219, 2002 granted approval of a six -month time 36 extension for the Ballenlsles temporary sales center to expire on June 14, 2003, or an 37 extension until the City Council takes a final action on the Ballenisles PCD amendment, 38 whichever occurs first; and 39 40 WHEREAS, the City's Growth Management Department has determined that 41 approval of said request is consistent with the Ballenlsles Planned Community 42 Development and previously approved resolutions for said facility; and 43 44 WHEREAS, the City Council has deemed the approval of this Resolution to be in 45 the best interest of the citizens and residents ;of the City of Palm Beach Gardens. 46 N Date Prepared: May 16, 2003 Resolution 99, 2003 .1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY )2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council of the City of Palm Beach Gardens hereby 7 approves a six -month time extension, until December 14, 2003, or an extension until the 8 City Council takes a final action on the pending Ballenlsles PCD amendment, whichever 9 occurs first, for the Ballenlsles temporary sales center located within the Ballenlsles 10 Planned Community Development. 11 12 SECTION 3. Said approval shall be consistent with all previous approvals for the 1.3 temporary sales center within the Ballenlsles•PCD. 14 15 SECTION 4. This Resolution shall become effective immediately upon adoption. 16 17 18 19 (The remainder of this page left intentionally blank) 20 21 22 23 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Date Prepared: May 16, 2003 Resolution 99, 2003 1 PASSED AND ADOPTED this .574 day of J'y*X , 2003. )2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 6 7 BY: 8 9 ATTEST ;; =� 10 =; 11 � - 12 BY. �.,,. -- 13 'Patricia Snider; City Clerk 16 APPROVED AS TO'FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 Christine P. Tatum, City Attorney 22 23 .14 5 26 27 VOTE 28 29 MAYOR JABLIN 30 31 VICE MAYOR SABATELLO 32 33 COUNCILMEMBER CLARK 34 35 COUNCILMEMBER RUSSO 36 37 COUNCILMEMBER DELGADO 38 39 40 41 42 43 44 45 46 FOR AGAINST - ABSENT 47 G :\attomey_sharelRESOLUTIONS \Reso 99.2003 BI Sales Center Time Ext.doc J8 3 a Date Prepared: November 19, 2002 Meeting Date: December 5, 2002 Resolution 219, 2002 Page 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 219, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SIX -MONTH TIME EXTENSION OR AN EXTENSION UNTIL THE CITY COUNCIL TAKES A FINAL ACTION ON THE PENDING PCD AMENDMENT TO THE BALLENISLES PCD, WHICHEVER OCCURS FIRST, FOR THE BALLENISLES TEMPORARY SALES CENTER LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE APPROXIMATELY 700 FEET SOUTH OF PGA BLVD., IN THE BALLENISLES PLANNED COMMUNITY DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Dexter Realty, Inc., BallenIsles County Club, Inc., and the MacArthur Holding A, Inc., to approve a six -month time extension, until June 14, 2003, or an extension until the City Council takes a final action on the BallenIsles PCD T amendment, whichever occurs first, for the BallenIsles temporary sales center located within the BallenIsles Planned Community Development; and WHEREAS, Resolution 79, 1989, granted approval for the BallenIsles temporary sales center for a period of ten years to expire on September 14, 1999, and specifically allowed for a request for a time extension of three years; and WHEREAS, Resolution 103, 1999, granted approval for a three -year time extension for the BallenIsles temporary sales center to expire on September 14, 2002; and WHEREAS, Resolution 167, 2002, granted approval of a three -month time extension for the BallenIsles temporary sales center to expire on December 14, 2002; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the BallenIsles Planned Community Development and previously approved resolutions for said facility; and WHEREAS, the City. Council has deemed the approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Date Prepared: November 19, 2002 Meeting Date: December 5, 2002 Resolution 219, 2002 Page 2 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a [ six -month time extension, until June 14, 2003, or an extension until the City Council takes a final S action on the pending BallenIsles PCD amendment, whichever occurs fast, for the BallenIsles temporary sales center located within the BallenIsles Planned Community Development. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or-application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. [ This space intentionally left blank.] Date Prepared: November 19, 2002 Meeting Date: December 5, 2002 Resolution 219, 2002 Page 3 PASSED, ADOPTED AND APPROVED this day of �, 2002. • == ORJ LIN A'RTES'P• =- PATUCIA SNIDER— XfT Y CLERK ti !d.► f r Y . I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUB CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO f COUNCILMEMBER DELGADO Q :/Etombari/edsprojects/salesccmo Date Prepared: September 8, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTIONi 167, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR 'APPROVAL OF A THREE - MONTH TIME EXTENSION OR AN EXTENSION UNTIL THE CITY COUNCIL TAKES A FINAL ACTION ON THE PENDING PCD AMENDMENT TO THE BALLENISLES PCD, WHICHEVER OCCURS FIRST, FOR THE BALLENISLES . TEMPORARY SALES CENTER LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE APPROXIMATELY 700 FEET SOUTH OF PGA BLVD., IN THE BALLENISLES PLANNED COMMUNITY DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Dexter Realty, Inc., Ballenlsles County Club, Inc., and the MacArthur Holding A, Inc., to approve a three -month time extension or an extension until the City Council takes a final action on the Ballenlsles PCD amendment, whichever occurs first, for the Ballenlsles temporary sales center located within the Ballenlsles Planned Community Development; and WHEREAS, Resolution 79, 1989, granted approval for the Ballenlsles temporary sales center for a period of ten years to expire on September 14, 1999, and specifically allowed for a request for a time extension of three years; and WHEREAS, Resolution 103,1999, granted approval fora three - yeartime extension forthe Ballenlsles temporary sales center to expire on September 14, 2002; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the Ballenlsles„ Planned Community Development and previously approved resolutions for said facility; and WHEREAS, the City Council has deemed it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens.' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing 'WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. E Date Prepared: September 8, 2002 SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a three -month time extension or an extension until the City Council takes a final action on the pending Ballenlsles PCD amendment, whichever occurs first, for the Ballenlsles temporary sales center located within the Ballenlsles Planned Community Development. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this. day of -r2 1r�i rA0;r_ , 2002. ATTEST PAT, R0XSNIDER CITY CLERK �\ y I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: September 8, 2002 AYE NAY ABSENT d ✓ RESOLUTION 7, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SITE PLAN FOR A 1,150 SQUARE FOOT EXPANSION TO THE TEMPORARY SALES-AND INFORMATION CENTER LOCATED WITHIN THE BALLENISLES PLANNED COMMUNITY DISTRICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 14, 1989, the City Council adopted Resolution 70, 1989; for the construction of a 5,902 square -foot temporary sales and information center to be located on the west side of BallenIsles Drive, within the BallenIsles Planned Community District; and WHEREAS, petition has submitted an application for the expansion of said center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. The City Council of the City of Palm Beach Gardens, Florida hereby approves the expansion of the Temporary Sales and Information Center located within the BallenIsles Planned Community District. Said development shall be completed in accordance with the following plans on file in the City's Planning and Zoning Department: January 9, 1995 Site and Landscape Plan by Urban Design Studio. 1 Sheet. December 7, 1994 BallenIsles Sales Office Addition Floor Plan by D. William Beebe Architect. 1 Sheet. December 7, 1994 BallenIsles Sales Office Addition Elevations Plan by D. William Beebe Architect. 1 Sheet. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY, 1995. DAVID W. CLARK, MAYOR ATTEST: LINDA V. ROSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUCFE� BY: i p ITY A Deputy City Clerk RNE'ft .t" W i August 31, 1999 RESOLUTION 103, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A THREE -PEAR TIME EXTENSION FOR THE BALLENISLES TEMPORARY SALES CENTER LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE APPROXIMATELY 700 FEE'S SOUTH OF PGA BOULEVARD, IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from BallenIsles Development Company to approve a three -year time extension for the BallenIsles Temporary Sales Center located within the BallenIsles Planned Community Development; and WHEREAS, the time allotted for the Temporary Sales Center was ten years from September 14,1989; and WHERAS, Resolution 70, 1989, which granted approval for the Temporary Sales Center, specifically allows for a request for a time extension of three years; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT 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, approves a three -year time extension for the Temporary Sales Center located within the BallenIsles Planned Community Development. Section 2. The applicant is hereby authorized to use such Temporary Sales Center site for a period of three years from September 14; 1999. Section 3. Said approval shall be subject to tie following conditions, which d shall be the responsibility of the applicant, its successors and/or assigns: 1. Any future use of this site following the expiration of this time extension is subject to the review and approval of the City. (Planning & Zoning) 2. A request for an additional time extension following the expiration of this time extension shall be subject to the provisions of City code. (Planning & Zoning) Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE %rte DAY OF 1999. _ VC60 ATTEST: /APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT September 12, 1989 RESOLUTION 70, 1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A TEMPOR- ARY SALES CENTER ON LANDS WITHIN THE JAM PLANNED COMMUNITY DISTRICT CREATED BY ORDINANCE 8, 1988, SAID LANDS BEING DESCRIBED IN EXHIBIT "1" ATTACHED HERETO; AND, PROVIDING FOR DEVELOPMENT OF SAID TEMPORARY SALES CENTER IN ACCORDANCE WITH THE SITE PLAN DATED SEPTEMBER 1, 1989 PREPARED BY URBAN DESIGN STUDIO CONSISTING OF ONE (1) SHEET, LANDSCAPE PLAN PREPARED BY WIELAND KRENT DESIGN, INC. DATED JULY 6, 1989 CONSISTING OF TWO ('L) SHEETS, AND THE STAFF REPORT CONTAINING ADDITIONAL CONDITIONS OF DEVELOPMENT DATED SEPTEMBER 12, 1989 ATTACHED HERETO AS COMPOSITE EXHIBIT "2 "; AND, PROVIDING FOR A TERM OF USE NOT TO EXCEED TEN (10) YEARS; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITHr AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Temporary Sales Center is hereby approved to be located on the lands in the JDM Planned Community District created by Ordinance 8, 1989 and fully described in Exhibit "1" attached hereto and made a part hereof. Said Temporary Sales Center shall be developed and used in accordance with the Site Plan con- sisting of One (1) sheet prepared by Urban Design Studio dated September 1, 1989, Landscape Plan prepared by Wieland Krent Design, Inc. dated July 6. 1989 consisting of Two (2) sheets, and the Staff Report containing additional conditions of development dated September 12, 1989 attached hereto as Composite Exhibit "2 ". Section 2. No Certificate of Occupancy, partial or complete, shall be issued until such time as all requirements set forth in Composite Exhibit "2" shall be complied with by Petitioner. Section 3. Petitioner is hereby authorized to use "such Temporary "Sales Centex `site fbi a period of Ten • {10)--years -from. effective date hereof; and, upon timely application prior to the expiration of said time period, may obtain an extension by sub- sequent Resolution of the City Council for a period not to exceed Three (3) years. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall be effective upon date of adoption. INTRODUCED, PASSED AND ADOPTED THIS THE--/-// Z' DAY OF SEPTEMBER. 1989. ..c C 14.� 1 ivy L G MA it ATTEST: } CLERK APPROVED Ap TO FORM AND LEGAL SU i -- FIEN Y CITY ORNEY R Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall be effective upon date of adoption. INTRODUCED, PASSED AND ADOPTED THIS THE--/-// Z' DAY OF SEPTEMBER. 1989. ..c C 14.� 1 ivy L G MA it ATTEST: } CLERK APPROVED Ap TO FORM AND LEGAL SU i -- FIEN Y CITY ORNEY • �, �, ^` r t. '§ as *R <r�,{ � rx�. �' + "` � '�g:�s�'� -� ��" r � ..l. �'� F t a ->r r . Wow ". ,y i *'vim � ,�a q � i " ,, � ,✓g /�G % .w` i� ,., � � 4�� uR����i �e� .1 `a � s � __* .. Y. y, x-- »•c.T•> � ��ua�i�,�.�1 A" ys� ��µk � x6 ""u Y',`i,s .;. 'a;».w,.w":• r•'� .. ,tB . •° .w�+°'a�, _� w . tw:x �ga c i/ s a4 bar S h wa �zxH d 3 f3a�,i1 „ ) > ggrfi / All �n :. "f— AM— .11", , f %� 4 �- C i w twzxaa Rrss ✓�i'rss�° �F' "� gy U�9 ✓./F,a $ y, g Im WX �4 `" Fc„ f ✓'"t��. x .� -' � raR- x��°� ON ./ } . . �fi �> � s� + � ���r ����d`��xl ✓y r� �'ihi Ey/1^i WAN ,+f/ s O FA e x � ,�� i �r��•. g �.�, "C �b$=::. �, � � ' '3 �' ms's � " y � � i �' 'P. vA .v dew 3 gt ",z , r a AAr °z, "; r r' ,R a '. e c':a ks , - �7 �f+r I �" k,r 5-M rr z� 1 t ,' "> �r � . 1`z` �. '€v�q� �':,�"' f &' � �'."',��� z ,�y1 � r�r•.: ' �. ^` :. fy r r s Z' `firs r"` '�z `• 1R s w. ''� ", ��' > ✓ra`;,"%Y r s; ,"... �-�.,i 9. "�s'r' t'z rs sr P',: �., -�"n sr r F, 'o .t x r� y ••'✓s ' t t s, 4 ri.� I K 9 ' •..rr'sr�'. ✓� vG 3 "' vey t :•s� l'�. � 5 s 4.a . � ,ys "F'ri"' " '- w w y� . � ' R"`zj `r .� n'�Gf G ��� : r err � :ry�,/r~ydf � r°r-,� ✓�s t`� zl.�s ,� r: . F�- � . r >3r lY" y C� . / h �" �i �i.;�� �R r ri 1� R� . r / ` y: �a "z i % {� � e �• ;.rA" r r .,',f.r' ' / /' lr' y` : prd�' y,� fi .;L � " ...r .: 'Or s.. 3 fY F — — —� s� sw��' I gg AA 99 r 449i 'MpI�� Mp�} iF 3 k ;!yayk eyrar. 6 d �Y i 5 9 6 +y bbe+ hill Pl]g p:8 �1e �35. 39x.aA9�P13:p _ 2SPP t=-- = F 5 _ < J a 1 m N r i y$ Y�•Eg 9 i l+ J acme: V 9=0 J C V e �$ a Z a j� jZ- 3' a 0 �o m 1v �r 1`,11 • MIN ��i!. e9Yli 'li ,1����l��' �' � � II /iii► � _nii�R � -��� D r s; .J September 12, 1989 RESOLUTION 70, 1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A TEMPOR- ARY SALES CENTER ON LANDS WITHIN THE JDM PLANNED COMMUNITY DISTRICT CREATED BY ORDINANCE 8, 1988, SAID LANDS BEING DESCRIBED IN EXHIBIT "1" ATTACHED HERETO; AND, PROVIDING FOR DEVELOPMENT OF SAID TEMPORARY SALES CENTER IN ACCORDANCE WITH THE SITE PLAN DATED SEPTEMBER 1, 1989 PREPARED BY URBAN DESIGN STUDIO CONSISTING OF ONE (1) SHEET, LANDSCAPE PLAN PREPARED BY WIELAND KRENT DESIGN, INC. DATED JULY 6, 1989 CONSISTING OF TWO (2) SHEETS, AND THE STAFF REPORT CONTAINING ADDITIONAL CONDITIONS OF DEVELOPMENT DATED SEPTEMBER 12, 1989 ATTACHED HERETO AS COMPOSITE EXHIBIT "2 "; AND, PROVIDING FOR A TERM OF USE NOT TO EXCEED TEN (10) YEARS; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Temporary Sales Center is hereby approved to be located on the lands in the JDM Planned Community District created by Ordinance 8, 1989 and fully described in Exhibit "1" attached hereto and made a part hereof. Said Temporary Sales Center shall be developed and used in accordance with the Site Plan con- sisting of One (1) sheet prepared by Urban Design Studio dated September 1, 1989, Landscape Plan prepared by Wieland Krent Design, Inc. dated July 6, 1989 consisting of Two (2) sheets, and the Staff Report containing additional conditions of development dated September 12, 1989 attached hereto as Composite Exhibit "2". Section 2. No Certificate of Occupancy, partial or complete, shall be issued until such time as all requirements set forth in Composite Exhibit "2" shall be complied with by Petitioner. Section 3. Petitioner is hereby authorized to use such Temporary Sales Center site for a period of Ten (10) years from effective date hereof; and, upon timely application prior to the expiration of said time period, may obtain an extension by sub- sequent Resolution of the City Council for a period not to exceed Three (3) years. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. ection 5. This Resolution shall be effective upon date of adoption. INTRODUCED, PASSED AND ADOPTED THIS THE �y DAY OF SEPTEMBER, 1989. MAYOR ATTEST: �t7 APPROVED Ap T� f ORM AND LLGh,L SU:'7IE,'4Y CITY �ORNEY ._,„ -------- CITY OF-------------------------------------------------- -PALM iBEACH GARDENS September 12, 1989 TO: The Mayor and City Council FROM: Planning and Zoning Staff MEETING: September 14, 1989 SUBJECT: Petition MISC -89 -03 Request by Urban Design Studio, agent for Hansen Properties, for approval to construct a 5,902 square foot temporary sales center within the JDM Country Club PUD, on.the northernmost portion of the site approximately 92S feet south of the centerline ;of PGA Boulevard and west of the proposed spine road. Proposed for 2.35 acres.,(11- 428 -429) Discussioin Two weeks ago, a workshop was held on this project. The appli- cant stated they were in agreement with the staff recommendations except tNe buffer on the north property line (staff report in- cluded). The Council requested the applicant redesign the north portion of the site to meet the minimum buffer of 25' found around the entire PCD site. The applicant has revised the eastern portion of the site to allow for a 25' landscaped buffer. However, the area in front of the sales center with a circle drive and most of the 14 parking spaces west of the center are five feet from the north property line. The buffer to the west and east of this site was to have been installed by August 16, 1989 per the PCD approval. This has not been done to date. The applicant has asked to delay this until the C.O. and buffering is installed with this project. one of sWf's requests dealt with screening during construction to soften the visual impact on PGA Boulevard. One possible solutionlmay be to install the buffer before issuing the building permit. ' The temporary access road is still being proposed and still would not all for a buffer from this side of the site until after it is removed. It appears also to be located where the bike path is required to be installed per the approved master plan (see site plan at ached). Enclosed is a letter from LBF &H expressing concern,over this road. Mayor nd City Council Septem er 12, 1989 Page 2, A suggestion made by staff in July was that the building and circle drive could be moved further east on the site where there is more depth, thus eliminating the small setback and would allow for addi- tional parking on the western portion of the site. Recomnindation If the;site layout, buffer and design on the September 1, 1989 plan are acceptable, staff recommends the following conditions: 1.: The facility be granted for ten (10) years, after which the structure be removed and the entire site be seeded. 2., The entire buffer along the north side of the PCD be installed no later than C.O. for this facility. 3.1 If the permanent entry road to JDM Country Club is not completed in time for the opening of the Sales Center, the temporary access road shall be permitted subject to the approval of the City Engineer. 4.. A date or time of 90 days from completion of the entry road be required for installation of the bike path proposed for the west side of the main roadway. 5., Sixty (60) days from passage of Resolution 70, 1989, the peti- tioner agrees to screen construction materials, etc., from view on PGA Boulevard with some type of temporary screening such as used on ballfields, etc. for temporary events, and be at least six feet in height. QE F.. d H O 0 a` ,� e4m U N� M�r I 1 s= ,I N� r C � 1 0 C a .. w f �$ 4 r a� 'a —0 OD you (d r rye ! i c m o d f I w ^^V •� 1 0 oV 1 1 i r 1 s= ,I N� r C � 1 0 C a .. w f �$ 4 r a� 'a —0 OD you (d r � I ,►N- � F ►. l N.m$~ }I • Perimeter Buffer System "A" Section • M w.,1...1... I.I..II.n.M �w•1.- w..rw• •, -1 I IPN... YY P.Y. M.....w.�..P Yrr. Y� Mr Y.ti��•�r �Irl.r ,Y w.Y�YPw•A.. NY•— •.��..•r / ..fir Y� `• _ • Perimeter B�ffer System 'A' Plan IMI- • KrmM 1 OPerimeter Buffer System -8-1- Section • Iy.w ..i...r... w �.r a.r� ,r..wwr �Pr_ w r�. rn .•.a.P nYa,.l Aw .w. tiww•.w l ^ w.. �.��� ©Perimeter Buffer System -B•1- Plan J.D.M. Country Club Palm Beach Gardens, Florid. EXHW C-1 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. (ONSUIIING INGINLERS, PLANNERS 6 SURVEYORS KIIILI2IN(, MMK) 1UI IE 104 2111 IUVI rtK 141di BIVU �4, 3 v ) tit 717 IUYITtit HOKIDA 114bd uu-1 74b "248 'Ax 407 74611272 ow fdeM N palm Beach Ga ZF p 7 1989 i MEMORANDUM p►f' I ipNtNG i` 6 i TO: Richard Walton FROM: David L. Getz I DATE: September 6, 1989 SUBJECT:! JDM Sales Center (89 -986) i i I I We have reviewed the revised site plan by Urban Design Studios, dated S 4tember 1, 1989. We offer the following comments: 1. We share your concern about the safety /liability aspects of the "Temporary Access Road ". We do not see a hardship in requiring that the permanent entry road to JDM Country Club be in place and operational prior to the issuance of a cer- tificate of occupancy for the JDM Sales Center. Both projects are projected, by the applicant, to be completed by the end of this year. 2. We have questions about the "Reserved Parking Spaces, (Grassed)". For whom are the spaces reserved? How will they be stabilized? Delineated? What protection will be provided to keep vehicles from entering the lake? I i DLG /dlg cc: Urb n Design STUARI IL1111 TER i i i i David L. Getz, P.E. FT PIERCE �j C CITY OF PALM BEACH GARDENS CITY C UNCIL Agenda Cover Memorandum ECEIVED NOV I � Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 213, 2003 Subject /Agenda Item: Resolution 213, 2003: Fairway Office Center Monument Sign Addition Consideration of Approval: A request by Mike Everett of Merin - Hunter - Codman Inc., on behalf of Fairway LLC, for approval of a recently constructed monument sign at the Fairway Office Center. The Fairway Office Center is within the PGA National Planned Community Development (PCD), which is located at the southwest corner of the Ronald Reagan Turnpike and PGA Boulevard. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA City Council Action: Talal Benothman, AICP Growth Management (Total) Br d Wiseman $ NA Principal Planner Current FY Planner, Project Manager [ ]Approved Christine T m Bahareh Wolfs, AICP Ci ttom y Development Compliance Finance NA [ ]Approved w/ conditions Human Resources [ ]Denied NA Advertised: No Funding Source: [ ] Continued to: rle K. W ,IA;CP Attachments: rowth Management Date [ ] Operating Administrator Paper: [X ] Other • Resolution 213, 2003 [X] Not Required • Reduced Plan Approved b pp y Ronal • Waiver Request Affected parties Budget Acct. #: • PGA POA Letter Vr • PowerPoint City Ma [X] Notified [ ] Not required l Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 213, 2003 BACKGROUND On February 1, 1979, the City Council approved the PGA National Planned Community Development (PCD) with the adoption of Ordinance 34, 1978. Subsequently, the site plan for the Fairway Office Center was approved by the City Council on July 16, 1998, with the adoption of Resolution 55, 1998. This site plan approval included two four -story office buildings totaling 176,600 square feet. Resolution 29, 2000, was then approved on February 16, 2001, and provided for the approval of sixty -six covered parking spaces. During the construction of the Fairway Office Center, an unapproved monument sign was built adjacent to the two office buildings. As a result, the City's Development Compliance Officer required the applicant to submit an application seeking approval for the monument sign prior to issuing the final Certificate of Occupancy. LAND USE & ZONING The subject site has a future land -use and Vision map designations of Commercial (C). The site is zoned Planned Community District (PCD) Overlay. PROJECT DETAILS Signage Request The proposed monument sign is 16.5 feet in width and 4.6 feet in height, for a total of 75.9 square feet. The letters shall not exceed 9 inches in height and shall be "Fairway Teal" in color, with the font style "Garamond." The height and color of the letters on the proposed sign shall remain consistent with the two (2) existing ground signs located at the intersection of Fairway Drive and Fairway Office Park access drive. The applicant is proposing to include four tenant names and one building name on this sign. The applicant is requesting a waiver for the size of the sign, and the number of tenant names allowed per monument sign (Please see waiver table). In addition to this ground sign, the Fairway Office Center has three monument signs. City Code Section 78 -285: Permitted Si ns allows one monument sign for the first 300 linear feet of right -of- way, and one monument sign per every 700 linear feet of right -of -way. Fairway Office Center has approximately 2,020 feet of linear feet of right -of -way; whereas the City Code requires at least 1700 linear feet of right -of -way for three monument signs. Therefore, the applicant is not required to request a waiver for the amount of monument signs permitted by the City Code. 2 l- Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 213, 2003 WAIVERS (1) Staff supports the waiver for the size of the monument sign and the waiver for the number of tenant names allowed per City Code Section 78 -285. Since the monument sign is setback approximately 500 feet from the adjacent roadway, it is staff's professional opinion that the increased size of the sign will have a negligible effect on the surrounding areas. Also, the office buildings do not include any tenant signage. This proposed monument sign serves more as a "directional" sign for the four tenants than a monument sign. The only location where tenant names exist is on the entrance monument signs. The additional tenant name on the monument sign will allow for two tenant names per building. Staff does not deem these waiver requests as excessive. Staff recommends approval. PLANNING & ZONING COMMISSION On October 28, 2003, the Planning & Zoning Commission voted 7 -0 to recommend approval of the subject petition. STAFF RECOMMENDATION Staff recommends approval of Resolution 213, 2003, with the waivers and conditions provided therein. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 12, 2003 RESOLUTION 213, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MONUMENT SIGN AT THE FAIRWAY OFFICE CENTER, LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT (PCD) AND DEVELOPMENT OF REGIONAL IMPACT (DRI); PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 1, 1979, the City Council approved the PGA National Planned Community Development (PCD) and Development of Regional Impact (DRI) with the adoption of Ordinance 34,1978; and WHEREAS, on July 16, 1998, the City Council approved the site plan for the Fairway Office Center with the adoption of Resolution 55, 1998; and WHEREAS, the City has received an application (MISC- 03 -21) from Merin, Hunter, Codman Inc., agent for 7111 Fairway LLC, for approval of a monument sign at the Fairway Office Center, which is located within the PGA National Planned Community Development (PCD) and Development of Regional Impact (DRI), located at the southwest corner of the Ronald Reagan Turnpike and PGA Boulevard; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay and has a future land use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, this Miscellaneous petition was reviewed by the Planning and Zoning Commission on October 28, 2003, and recommended its approval by a vote of 7 -0; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: November 12, 2003 Resolution 213, 2003 1 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 2 approves a monument sign at the Fairway Office Center, located within the PGA National 3 Planned Community Development (PCD) and Development of Regional Impact (DRI), as 4 more particularly described below: 5 6 LEGAL DESCRIPTION: 7 8 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 42 SOUTH, RANGE 42 EAST, 9 PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS 10 FOLLOWS: 11 12 COMMENCING AT THE INTERSECTION OF EAST RIGHT -OF -WAY OF AVENUE OF 13 THE CHAMPIONS, PER PGA RESORT COMMUNITY PLAT NO. 1, AS RECORDED IN 14 PLAT BOOK 36, PAGES 198 THROUGH 200 OF THE PALM BEACH COUNTY PUBLIC 15 RECORDS, WITH THE SOUTH RIGHT -OF -WAY OF PGA BOULEVARD (STATE ROAD 16 786): THENCE S 88 °27'03" E, ALONG SAID SOUTH RIGHT -OF -WAY, 42.59 FEET TO 17 THE POINT OF BEGINNING; 18 19 THENCE CONTINUING S 88 °27'03" E, ALONG THE ULTIMATE SOUTH RIGHT -OF -WAY 20 OF SAID PGA BOULEVARD, SAID LINE BEING 60.00 FEET SOUTH OF AND 21 PARALLEL TO THE NORTH LINE OF SAID SECTION 10, 642.16 FEET; THENCE S 22 01 03257" W, 756.03 FEET TO A POINT ON THE ARC OF A CURVE TO THE RIGHT 23 WHOSE RADIUS POINT BEARS N 12 016'25" W FROM SAID POINT, SAID POINT 24 BEING ON THE NORTH RIGHT -OF -WAY OF FAIRWAY DRIVE PER THE PLAT OF 25 FAIRWAY DRIVE AND FAIRWAY LANE, AS RECORDED IN PLAT BOOK 56, PAGES 21 26 THROUGH 22, PALM BEACH COUNTY PUBLIC RECORDS; THENCE WESTERLY 27 ALONG SAID NORTH RIGHT -OF -WAY, ALONG THE ARC OF SAID CURVE HAVING A 28 RADIUS OF 822.50 FEET, THROUGH A CENTRAL ANGLE OF 22 013'18 ", 319.00 FEET 29 TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID RIGHT -OF- 30 WAY, N 80 003'07" W, 307.06 FEET; THENCE N 41013'50" W, 31.34 FEET TO A POINT 31 ON THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS S 87 035'27" 32 W FROM SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE EAST RIGHT - 33 OF -WAY OF THE SAID AVENUE OF THE CHAMPIONS; THENCE NORTHWESTERLY, 34 ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 362.00 FEET, THROUGH A 35 CENTRAL ANGLE OF 20 °41'15 ", 130.71 FEET TO A POINT OF COMPOUND 36 CURVATURE;THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 37 HAVING A RADIUS OF 116.00 FEET, THROUGH A CENTRAL ANGLE OF 31 °32'57", 38 63.87 FEET TO A POINT ON THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS 39 BEARS N 82 056'12" W FROM SAID POINT; THENCE NORTHERLY, ALONG THE ARC 40 OF SAID CURVE HAVING A RADIUS OF 2760.00 FEET, THROUGH A CENTRAL 41 ANGLE OF 3 033'07 ", 171.00 FEET TO THE POINT OF TANGENCY; THENCE N 42 01 030'41" E, ALONG THE EAST RIGHT -OF -WAY OF THE SAID AVENUE OF THE 43 CHAMPIONS, 290.51 FEET; THENCE S 88 029'19" E, 15.32 FEET; THENCE N01033'57" 44 E, 26.90 FEET; THENCE N 46 °31'49" E, 35.76 FEET; THENCE S 88 051'19" E, 26.96 45 FEET; THENCE N 01 032'57" E, 15.30 FEET TO THE POINT OF BEGINNING. 46 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 12, 2003 Resolution 213, 2003 SAID LAND SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTAINING MATTERS OF PUBLIC RECORD. CONTAINING 12.065 ACRES, MORE OR LESS. SECTION 3. Said approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. The subject monument sign adjacent to the two (2) office buildings shall include no more than one (1) building identification and four (4) tenant names. (Planning & Zoning) 2. The height of the letters shall not exceed nine (9) inches and shall be "Fairway Teal" in color, consistent with the two (2) existing ground signs. (Planning and Zoning) 3. The font of the letters shall be "Garamond ", as shown on the site plan. (Planning and Zoning) SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1. Section 78 -285, Permitted Signage, to allow for a 75.9 square -foot monument sign with a width of 16.5 feet. 2. Section 78 -285, Permitted Signage, to allow for four (4) tenant names on the monument sign. SECTION 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Fairway Office Center Site Plan, by MJ Anderson Construction, dated August 14, 2003, Sheets A -1.1. 2. Fairway Office Center Sign Photograph as labeled as sheet Al. SECTION 6. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 Date Prepared: November 12, 2003 Resolution 213, 2003 PASSED AND ADOPTED this day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA : ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY NJ Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \reso 213 2003 - Fairway Ctr Sign.doc 2 :, �,� ,. P �. `�'. � �v" � A > ¢$¢ '� d S ���'' _ �` _ Z��i �`f� � �� ;;�� ��. � ' R� � � �3 � -��= ��� :1 � �a: v � s. Mew' ?•,.. 3: �:. �^��,2,• '�� \ a�wa v�'?� �: :, �,� ,. P �. `�'. � �v" � A > ¢$¢ '� d S ���'' _ �` _ Z��i !Y'J R ARCHITECTURAL SERVICES, INC. 8/29/03 Brad Wiseman Palm Beach Gardens Planning & Zoning 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Fairways Office Center Monument Sign #3 Regarding the monument sign #3 that has been tagged as a violation of the approved site plan, the following is our understanding /justification for the items that are outside code allowances. The width of the sign overall is 16' -6 ". The code allows an overall width of 15' -0 ". We understood the code width to mean the area between the sign pilasters. Our wall plane for the sign area itself is less than 15' -0 ". The location of this sign is set back from the road approximately 500 feet from Fairway Drive. At this distance it appears much smaller than a 15 foot wide sign that along a roadway. The code allows three tenant designations per sign. Due to the axial nature of the entry drive and the design of the sign area insignia, we are requesting four tenant designations be allowed. This will allow the sign to look balanced and allow two tenant designations per building. If you have any questions, please do not hesitate to ask. William Tracy, AIA AIf 14756 1568 Watertower Road, Lake Park, Florida 33403 Phone: (561) 753 -7400 -Fax: (561) 840 -9779 AA 0002642 CITY OF PBG SEP 2 200 PLANNING & ZONING DIVISION PGA C)r -F-,WI-Y OWNERS ASSOCIATkON1 INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palo Beach Gardens, Florida 3-' ,418 7EUPHONt (501) 627 -2WO April 10, 2000 N'h-. Michael Everett Merin, Hunter, Codman, Inc. 1601 Forum Place, Suite 200 West Pal1n Beach, FL 33401 Re: Architectural Review Request - 1~airn°ay Office Center - - Signs & Landscape Lilub ing Dear Mr. Everett: At its .4pril 6,.-2000, meeting, the POA Arch flect ural Review Committee reviewed the above referenced request for aesthetic purposes and compliance with the PGA Property Owners Associations cOIl7mu nity standards. FAGS AMX (561) 622 -6334 It is the decision of the Committee to approve the requests for a "tenant" sign, entry gate signage changes, and additional landscape light as submitted. Owners are responsible to ensure that all niodtlicatlons comply with state and local law, including, but not limited to, all pertinent lutildim, codes. If you have any questions, please feel free to cal I. Si.ncerel f hn Metten ( f irector of Architectural Revie\v and Compliancc PGA Property Owners Association, Inc. 1M:ls CITY Of PBO P14 2003 LANNING & ZONING DIVISION 1�_ �. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum E ED GaiO3 1 9 2003 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 SUBJECT /AGENDA ITEM Resolution 224, 2003: Brio Tuscan Grille — Modifications to Approved Site Plan and Elevations Consideration of Approval: A request by Mr. Tim Obershlake, of Bravo Development, to consider and approve modifications to the previously approved site plan and elevations for the Brio Tuscan Grille restaurant. The 6,869 square -foot restaurant is located adjacent to the Burdines Department Store on the south side of the Gardens Mall. The Gardens Mall is located on the north side of PGA Boulevard between Alternate AIA and Prosperity Farms Road. (Petition MISC- 03 -28) [X) Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Approved Principal Planner Talal M. Benot ' an, AICP Costs: $ N/A [ ] App. w/ conditions Project Total [ ] Denied City Attorne Manager [ ] Rec. approval Christine P. Michael J. S chez $ N/A [ ] Rec. app. w/ conds. Development go Compliance Senior Planner Current FY [ ] Rec. Denial [ ] Continued to: Bahareh Keshavarz - Wolfs, Funding Source: Advertised: Attachments: AICP [X] Not Required • Table 1: Zoning and Land Use [ ] Operating Growt e en UA" [X] Other N/A Designations Directo • Letter from Applicant Charles K. Wu, AICP • Resolution 54, 2003 • Resolution 224, 2003 Budget Acct. #: • Pictures of Existing Approved by: Affected Parties: N/A Brio Restaurants City Manager [X] Not Required • Site Plan a,,,, • Building Elevations i — ' Ronal M. F rris Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 BACKGROUND On March 20, 2003, the City Council approved Resolution 54, 2003, thereby providing for site plan approval of a 6,869 square -foot restaurant building located adjacent to the Burdines Department Store on the south side of the Gardens Mall. Including said approval, there currently exists a balance of 69,607 square feet of commercial space remaining from the 1,390,000 square feet originally approved for The Gardens Mall through the original Regional Center Development of Regional Impact (DRI) Development Order (Resolution 9, 1984). LAND -USE AND ZONING The future land -use designation of the subject site as reflected on the City's Future Land Use Map is Commercial (C). The zoning classification of the site is Planned Community District (PCD) Overlay with an underlying zoning of Commercial (C). The subject site's land -use designation on the Master Plan of Development (Map H) of the DRI is Retail /Office /Hotel. Please see Table 1 for additional land -use and zoning information. PROPOSED MODIFICATIONS The applicant is proposing the following modifications to the approved site plan and elevations for the Brio Tuscan Grille: The addition of an approximately 176 square -foot outdoor seating area on the east portion of the building. Staff Analvsis: The outdoor seating area will be screened through the use of planter boxes and a wrought -iron railing, three (3) feet, four (4) inches in height, consistent with the outdoor seating area on the south portion of the building that was previously approved by the City Council. The additional restaurant square footage is within that approved for the Gardens Mall through the Regional Center DRI Development Order. There exists adequate parking for the additional square footage on site. Staff recommends APPROVAL of this request. 2. The installation of black - and -white striped awnings on the exterior facade of the building. Applicant's Justification: The applicant has stated that the striped awnings are a "trademark" for the restaurant and that all existing Brio restaurants contain striped awnings (please see attached photographs of existing Brio restaurants). Staff Analysis: The original development plans for the Brio restaurant were taken through the City's review process by representatives from the Gardens Mall and not by the tenant. These development plans were approved by the City Council with solid, olive- colored awnings. Although striped awnings are not prohibited in the City's Land Development Regulations (LDR's), there has been past precedent set by the City Council that prefers only solid - colored awnings for properties Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 within a Planned Unit Development (PUD) or Planned Community District (PCD). It is for this reason that staff requested that this issue be brought before the City Council. In accordance with said precedent set by the City Council, staff recommends DENIAL of the striped awnings but raises no objections to solid - colored, black awnings, which the applicant has stated are preferred over the approved olive -green awnings. It is important to note that the applicant has installedsolid black awnings on the restaurant instead of the approved olive -green color. As stated above, the applicant has stated that the solid black awnings are preferred over the approved olive -green awnings. The applicant has provided staff with a letter (attached) stating that the olive -green awnings will be installed within 14 days of this City Council hearing should the City Council maintain the previously approved olive -green color. The installation of 13 signs over the restaurant's awnings. The proposed signs contain certain items found on the menu and are written in Italian. The applicant had originally proposed these signs to be included on the restaurant awnings, which, according to the applicant, is consistent with most other existing Brio restaurants (please see attached photographs of existing Brio restaurants). However, staff advised the applicant that Section 78 -284 of the City's Land Development Regulations (LDR's), entitled Prohibited signs and prohibited sign locations, specifically prohibits awning signs. In lieu of the awning signs, the applicant revised the plans to include the 13 signs over the restaurant awnings. Applicant's Justification: The applicant has stated that the proposed signs, generally included on the restaurant's awnings, are a "trademark" for the Brio Restaurant (please see attached photographs of existing Brio restaurants). In lieu of the awning signs, which are prohibited by the City's LDR's, the applicant is proposing the 13 signs over the restaurant awnings. Staf' Analysis: It should be noted that Resolution 54, 2003, approved a waiver allowing for the Brio restaurant to have a total of three (3) signs, one (1) per facade. It is staff s opinion that the three (3) signs previously approved by the City Council provide adequate signage for the restaurant. Therefore, staff recommends DENIAL of this request. WAIVER REQUESTED The applicant is requesting approval of one (1) waiver: Wall Signs: The applicant is requesting a waiver to erect 13 additional wall signs for a total of 16 signs. Code Requirement: Section 78 -285 of the City's Land Development Regulations allows for only one (1) wall sign per tenant. Applicant's Justification: The applicant has stated that the proposed signs, generally included on the restaurant's awnings, are a "trademark" for the Brio Restaurant (please see attached photographs of existing Brio restaurants). In lieu of the awning signs, which are prohibited by the City's LDR's, the applicant is proposing the 13 signs over the restaurant awnings. 3 Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 Staff Recommendation: As stated above, Resolution 54, 2003, approved a waiver allowing for the Brio restaurant to have a total of three (3) signs, one (1) per facade. It is staff's professional opinion that the three (3) signs previously approved by the City Council provide adequate signage for the restaurant. Therefore, staff recommends DENIAL of this request. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 224, 2003, which reflects the approval of the construction of the outdoor seating area and the installation of solid - colored, black awnings, but DENIAL of the requested waiver allowing for 13 additional wall signs. Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 EXISTING USE ZONING LAND USE Planned Community District Subject Property (PCD) with a General Commercial (C) Retail Commercial (CG1) underlying zoning North Planned Community District Residential (PCD) with a Residential Residential High (RH) High (RH) underlying zoning General Commercial Commercial (C), Professional South (CG1) and Public of Office (PO), and Public (P) Public and commercial uses Institutional P/I Planned Community District East (PCD) with a Residential Residential High (RH) and Professional office and High (RH) and Professional Professional Office (PO) residential uses Office (PO) underlying zoning West Professional Office (PO) Professional Office (PO) Professional office uses Date Prepared: November 12, 2003 Meeting Date: December 4, 2003 Resolution 224, 2003 EXISTING USE ZONING LAND USE Planned Community District Subject Property (PCD) with a General Commercial (C) Retail Commercial (CG1) underlying zoning North Planned Community District Residential (PCD) with a Residential Residential High (RH) High (RH) underlying zoning General Commercial Commercial (C), Professional South (CG1) and Public of Office (PO), and Public (P) Public and commercial uses Institutional P/I Planned Community District East (PCD) with a Residential Residential High (RH) and Professional office and High (RH) and Professional Professional Office (PO) residential uses Office ( PO ) underlying zoning West Professional Office (PO) Professional Office (PO) Professional office uses RRAV01 Development Inc. RE: Brio Restaurant at the Gardens Mall Dear Mr. Wu: If the city council doesn't approve black awnings or the East exterior, seating area (which. has been approved under permit #50692) (items on appeal), then within 14 days of the City Council's decision, the awnings CUCtDlarr and seating area will be modified to conform. Sincerely, Tim Oberseblake Director of Construction TO /ns ,twM'rR0-1jA4 DN IV4Q� c*w, pertiT'?'I EIAI A =N('Cf,.,,, 4-nxe 14-11 G-1 �. C['i`!' OE PBG; NOV - 5 2003 PLANNING &;ZONING' ryy: pMSION ;, November. 5, 2003 Oevelopment Office 18 N. Muin Srrcet. Suite 4 Chagrin Palls. Ohio 44022 -3059 Phone 440- 247 -2640 Pax 440- 247 -261,1 Mr. Charles Wu, AT.CP Growth Management Director 4644 Kenny Read 4644 Kenny Road Columbim Ohio 43220 1 0500 N. Military Frail Phone 614 - 326 -7944 Palm Beach Gardens, Florida 33410 Fax 614 -326 -7943 RE: Brio Restaurant at the Gardens Mall Dear Mr. Wu: If the city council doesn't approve black awnings or the East exterior, seating area (which. has been approved under permit #50692) (items on appeal), then within 14 days of the City Council's decision, the awnings CUCtDlarr and seating area will be modified to conform. Sincerely, Tim Oberseblake Director of Construction TO /ns ,twM'rR0-1jA4 DN IV4Q� c*w, pertiT'?'I EIAI A =N('Cf,.,,, 4-nxe 14-11 G-1 �. C['i`!' OE PBG; NOV - 5 2003 PLANNING &;ZONING' ryy: pMSION ;, Date Prepared: February 27, 2003 RESOLUTION 54, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED SITE PLAN, TO ALLOW FOR THE CONSTRUCTION OF A 6,869 SQUARE -FOOT BRIO TUSCAN GRILLE RESTAURANT WITHIN THE GARDENS MALL LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING RESOLUTION 15, 2002; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP- 03 -04) from the Forbes Company, owner of the Gardens Mall, to amend the site plan previously approved through Resolution 15, 2002, to allow for the construction of a 6,869 square -foot Brio Tuscan Grille restaurant, located within the Gardens Mall, as more particularly described herein; and WHEREAS, the applicant is seeking approval of one (1) waiver as part of the site plan approval; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of General Commercial (CG1) and future land -use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval of the petition; and WHEREAS, on February 25, 2003, the Planning and Zoning Commission recommended approval of this petition to the City Council; and WHEREAS, the City Council of the City of Palm Beach Gardens has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: February 27, 2003 Resolution 54, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to a previously approved site plan, to allow for the construction of a 6,869 square -foot Brio Tuscan Grille restaurant within the Gardens Mall, located within the Regional Center DRI, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3: Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 4: Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: Prior to construction plan approval, potable water conservation devices shall be incorporated into the proposed building, per Condition 12 of the Development Order ofthe Regional Center DRI (Engineering). 2. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI (Engineering). Prior to construction plan approval, the project shall comply with the energy plan established by the Property Owners Association Architectural Review Board (Board) for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI (Engineering). 4. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that a full line of energy- efficient appliances and equipment will be used in the proposed building, per Condition 27 of the Development Order of the Regional Center DRI (Engineering). Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that all strike areas of perimeter doors are equipped with a reinforced, casehardened strike plate (Building). 6. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that glass perimeter doors are equipped with case hardened guard rings to protect the mortise lock cylinder (Building). 2 Date Prepared: February 27, 2003 Resolution 54, 2003 Page 3 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that an alarm system is installed in the proposed building (Building). 8. Outdoor seating areas shall be screened pursuant.to Section 78- 191(c)(5) of the City's Land Development Regulations. Prior to issuance of the first Certificate of Occupancy, the applicant and/or tenant shall submit to the City for approval, three (3) full -size building elevations depicting the required screening (Planning and Zoning). 9. All rooftop equipment shall be screened from view (Planning and Zoning). 10. Within 30 days of the effective date of this resolution, the applicant shall install four (4) Chinese Fan palms within the sidewalk planters immediately to the south of the P.F. Chang's restaurant (City Forester). 11. Trash receptacles shall be screened from public view (Planning and Zoning). SECTION 5: Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Sheet SP -2: Composite Site Plan, prepared by JPRA Architects, last revised on February 27, 2003 and submitted to the City on March 3, 2003. 2. Sheet SP -3: Building "A" Roof Plan, prepared by JPRA Architects, last revised on February 14, 2003 and submitted to the City on March 3, 2003. 3. Sheets SP -4 and SP -5: Building "A" Exterior Elevations, prepared by JPRA Architects, last revised on February 14, 2003 and submitted to the City on March 3, 2003. 4. Sheet # 1: Landscape Detail, prepared by Rood Landscape Co., Inc., last revised on March 3, 2003 and submitted to the City on March 3, 2003. SECTION 6: The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: Section 78 -285, Permitted signs, to allow for two (2) additional wall/flat signs, with a maximum of one (1) sign on any elevation, for the Brio Tuscan Grille. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Date Prepared: February 27, 2003 Resolution 54, 2003 Page 4 SECTION 9: This Resolution shall be effective upon adoption. PASSED, ADOPTED AND APPROVED thisc)-P' DAY of 0a1- , , 2003. ATTEST: PATRICI,A SNIDEIZ'� CITY- CLERK VOTE: MAYOR 75c Y,: Lill VICE MAYOR &1413a�;(I0 COUNCILMEMBER CLa P-K COUNCILMEMBER RIs'o COUNCILMEMBER Q2 L�a�o n I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 0 bL��- HRISTINE TATUM CITY ATTORNEY AYE NAY ABSENT Date Prepared: February 27, 2003 Resolution 54, 2003 Page 5 EXHIBIT "A" (see next page attached) 5/ 20n2 9:49 A-M Fr,• -•ri: Fi-x. wArr.er R-1 E: a­ Advi.7nr3 T- ---F fW,7, a _s Ott f f _`P"G�.­A`­8- Te- 44,42' P -7 6.2.,V, C sAJd'--"Pa Ahe�..,P0jNT:w.'0 f he:�publi� -�kge F 45OV*�' Ong': azi.d� ri �I rou 9 hR. the ."itherce L 05 4171 S 88 a Vh.' -4, r4_ U, Tij4. _,co-� rs e s -"a:: ist 9 ee t%.,,thehce.- N .:'0 1 1 '�5- fa E. E in c a'� e".,lo - mi Q1' 12 .n0 0' a1e,- .thenCe'- 8-745'08"7`�- thefic .2, TY N:�; (fi a -1-40TI" w.-, deoarting.. ro. s s in 'st.`35-AV'If ii-6f'. f ri y 1 ine A . . . . . E h e t.[ j 31'25'21" E -a d 1 s ta n c e.. 6 f - 1.6 T. 9 3 - f ee' t t henc 6 S nce.': .... _., . .. . . .. .. . .., 59'� E.. . cista Of.165`.49-1 feet. to a 'po i n t. - o f, curvature Hof' a: curve �oncaveNor?-Mweiierly:i*.havin4 .... ... a *:,ra4:i us of 225`.`00 feet; thence korth*e5steirly.along the *arc of'.saidtcurve through a:- f ' 17. feet e t t o. a PC I 'I e ...of',.W49'-1 ..d i Ytante. o .'.S tangency - 5.'43!! %E.' a distance A 8 T* ' S.­19`10 a', �89: feet, - t 57 loinvi6l curvalure,*of,:,a, curve_codiivi'llorthea le. I y.* ..,,-.stance .:o. - ._23- r , V adims�.-Of: -150.00 t.;.,:t ence': 0 rh f s a i *d:: ',,,h' h Vth�diterly along. the a J ei I curve -6 f -3 7 *.12 `2 5 li` d i sVjnce of.97..41 feet to a pol - _h i'� ce.h.tral' angle of an -66 `2 1 '41 .1 a­�iitahce, of-.41.'84. feet; --thince E thinei S: 4 8.08.-feet- to* kdistanti of 4 'a4o`6.i�nqent curvi'c6kive Southeasterly. Ahe 2- of 585.�OV.Feet cfi d' w boa rs N. 3' thence or 0 34.7.' 12" .-C N .L., qrtpeasterly a long%the -arc o said curve through-a central angle.of_ 2V45'39" a' 14 dist f -253 19 feet point of tangencyj::.thence N. 45:13'U". a-distance to a t E.- Xt N. .4V09"J5"�'E. .;0 20- 00`fee-'-_ thence a. distance of. 50.00. feet: to . a win :on' a 'curve. concave: t-er o -1 7- fee[ North wes C e fT.,Ct which t). ia Y..18'22;52" rs Y..18'22;52" " t.' ;..'.,thence �Hortheast&riy.-,�*!'c:.ng,, •.'.".e' arc o ." f "$'a d - curve a central 'angle' of- -31-5 a -42" "a dist 6te, of 27d 83 feet t 3' a point - 61 feet'-i a!!q e! E. ncy;,.thence N. 01 q2.5'01 ..a distance of 368. �.a* the point di u a. radius f rvd`rur!�'-of a curve concave Southeasterly having o ..5,70.87 feet; • thence along the. arc 'of said curve A. 'central -,angle . of 35-04'5'1" ...a '-pf 53 feet to a po:int*,,of. 'tarigency*; the. ce.M. 36-7 20".52" E. &distance. ,349. n hence N. 08'10'08".W. a Ai ­:.[hence. :p- . :2 -2: 4 e t - t stance of,.49;50 feet' W. a.aistance of 625.61 eer r ure_.of,a-,:urve 't 3 f _o a. oloint of cu�rvat' :­-concave Southerly hav*ing a radius of -.'thence Westerly arc 1100 92 feet' I along. the, throvaha central Angle of 46`.55'16" a d I sta ce 9 0 1.5 7 e el: to Olen tangency.; thence S. 79434*36' W. a distance of 1351.52 feet.'. c ' IN , e Do'i:n t Oi e. 34'64'''49" V a distance of 49.93 feeE-. tnenc'e 'S. 11',24'59" E.. a distance OT .1--S.38."fe_et-tathe aoint 'of curvature of a cUrve'concave westerl�. -having' a radius .01 ��3.87:feet; thence- Southerly along.the arc 3f. said curve. throuqh, at central. a distance 'of :121.-87 :feeivio the ooint of,' tangency.; trience an a. po 0 a c 6 ry distance 57C06Jeef-'ta* int of curvature f concave Northeas,Eerly-. having 2i -rad-ius.'---ofw A-70.'87 Feet; thence -southeasreri-v a-,Gng-- J antic. e'' of -31'x3 ' -4 h ral .. 4 an 9 ee,. 41 0-r -isajd-� curve-, thi�buqh: -a 'cerit _ -,!.a s e, t of -420 Ahence� I9'4Y,'r. distance .42 09C.: - a radius o' -2r Y. na-�_ t f f ve" • S'ouEnwes* -C u r. e o ZL. 7 _.�ur.vA a,. tj n E •:s6uih-e' S. ong-Lthe,,.arc�;o f..:,s a id.-,cy_�,Ye h a cef. C. a ter yaa t 'T %&nqTe - 0 --1 7`;2 f nkra`-, od�-. n t,22 64z, c eti stiAnc.,9�.O -dnqe.rmvJjWt ei � 6eQo;t e ,po. I te. o ,curva wre... 6f ry i f is," -500'.' ­�,eet.',­;Ehence Southeaster. ang e;.a r.c..",q t roun jw,cem 0 V AQ - ., - - ­.3. 1. U h- h�' 9'597�:a.. Ithence�_S- 701-25 .4h 9.1 Z V-1 -7. t, f-�js- -A f. ej tq .9- 5. 30. 1: - s_MMm_ _!u `YIWVI TIMMV iniinoreml S 44 'Rog REM" - Mm,�ffi Mm E M I , X- 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: November 12, 2003 RESOLUTION 224, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN APPROVAL FOR THE BRIO TUSCAN GRILLE RESTAURANT WITHIN THE GARDENS MALL LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR AN ADDITIONAL CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 20, 2003, the City Council approved Resolution 54, 2003, thereby approving the site plan for the Brio Tuscan Grille Restaurant within the Gardens Mall located within the Regional Center Development of Regional Impact (DRI); and WHEREAS, the City of Palm Beach Gardens has received an application (MISC- 03-28) from Bravo Development requesting a modification to the site plan and building elevations approved through Resolution 54, 2003 in order to provide a 176 square -foot outdoor seating area on the east portion of the Brio Tuscan Grille Restaurant and allowing for solid - colored, black awnings instead of the previously approved olive green awnings; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The development order amendment application for the following described property is hereby approved: Date Prepared: November 12, 2003 Resolution 224, 2003 1 LEGAL DESCRIPTION: 2 3 THE GARDENS MALL 4 5 LEGAL DESCRIPTION (AS FOUND ON THE PLAT OF THE GARDENS MALL 6 RECORDED IN PLAT BOOK 70 PAGE 24, PALM BEACH COUNTY, FLORIDA 7 PUBLIC RECORDS.) 8 9 A PARCEL OF LAND LYING IN THE NORTH Y2 OF SECTION 6, TOWNSHIP 42 10 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH 11 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 12 13 COMMENCE AT THE CENTER OF SAID SECTION 6, THENCE S 88 045'08" E 14 ALONG THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SAID 15 SECTION 6, A DISTANCE OF 763.55 FEET; THENCE N 01 014'52" E A 16 DISTANCE OF 70.00 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY 17 LINE OF P.G.A. BOULEVARD AS RECORDED IN O.R.B. 4442, PAGES 861 18 THRU 862 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY AND 19 THE POINT OF BEGINNING; THENCE S 8 045'08" E ALONG SAID RIGHT -OF- 20 WAY LINE AND THROUGH THE FOLLOWING COURSES A DISTANCE OF 21 167.97 FEET; THENCE N 01 114'52" E A DISTANCE OF 12.00 FEET; THENCE 22 S 88 045'08" E A DISTANCE OF 162.07 FEET; THENCE N 43 040'03" W 23 DEPARTING FROM SAID RIGHT -OF -WAY LINE A DISTANCE OF 35.41 FEET; 24 THENCE N 01 025'01" E A DISTANCE OF 167.93 FEET; THENCE S 88 034'59" E 25 A DISTANCE OF 165.49 FEET TO A POINT OF CURVATURE OF A CURVE 26 CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 225.00 FEET; 27 THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH S 28 CENTRAL ANGLE OF 24 049'18" A DISTANCE OF 97.47 FEET TO A POINT OF 29 TANGENCY THENCE N 66 035'43" E A DISTANCE OF 487.89 FEET; THENCE 30 S 29 009'19" E A DISTANCE OF 57.23 FEET TO A POINT OF CURVATURE OF 31 A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 150.00 32 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 33 THROUGH A CENTRAL ANGLE OF 37 012'25" A DISTANCE OF 97.41 FEET 34 TO A POINT OF TANGENCY; THENCE S 66 021'44" E A DISTANCE OF 41.84 35 FEET; THENCE S 22 058'31" E A DISTANCE OF 48.08 FEET TO A POINT ON A 36 NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS 37 OF 585.87 FEET, THE CHORD OF WHICH BEARS N 32 047'12" E; THENCE 38 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 39 CENTRAL ANGLE OF 24 045'39" A DISTANCE OF 253.19 FEET TO A POINT 40 OF TANGENCY; THENCE N 45 010'02" E A DISTANCE OF 20.00 FEET; 41 THENCE N 46 009'35 E A DISTANCE OF 150.00 FEET TO A POINT ON A NON - 42 TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 43 470.87 FEET; THE CHORD OF WHICH BEARS N 18 022'52" E; THENCE 44 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A 45 CENTRAL ANGLE OF 33 055'42" A DISTANCE OF 278.83 FEET TO A POINT 46 OF TANGENCY; THENCE N 01 025'01" E A DISTANCE OF 368.61 FEET TO 2 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: November 12, 2003 Resolution 224, 2003 THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 570.87 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 004'51" A DISTANCE OF 349.53 FEET TO A POINT OF TANGENCY; THENCE N 36 029'52" E A DISTANCE OF 20.34 FEET; THENCE N 08 030'08" W A DISTANCE OF 49.50 FEET; THENCE N 53 030'08" W A DISTANCE OF 625.68 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1100.92 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46 055'16" A DISTANCE OF 901.57 FEET TO THE POINT OF TANGENCY; THENCE S 79 034'36" W A DISTANCE OF 1355.52 FEET; THENCE S 34 104'49" W A DISTANCE OF 49.93 FEET; THENCE S 11024'59" E A DISTANCE OF 175.38 FEET TO THE POINT OF A CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 570.87 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 050'00" A DISTANCE OF 127.87 FEET TO THE POINT OF TANGENCY; THENCE S 01 025'01" W A DISTANCE OF 574.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 470.87 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 044'44" A DISTANCE OF 260.89 FEET TO THE POINT OF TANGENCY; THENCE S 30 °19'43" E A DISTANCE OF 420.42 FEET TO POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 570.87 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 029'34" A DISTANCE OF 104.54 FEET; THENCE N 70 009'49" E A DISTANCE OF 10.00 FEET; THENCE N 19 033'44" E A DISTANCE OF 44.43 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 325.00 FEET, THE CHORD BEARS N 44 017'59" E THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 019'21" A DISTANCE OF 166.33 FEET TO THE POINT OF TANGENCY; THENCE N 20 038'19" E A DISTANCE OF 43.82 FEET; THENCE S 60 °31'58" E A DISTANCE OF 436.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 019'59" A DISTANCE OF 221.07 FEET; THENCE S 01025'01" W A DISTANCE OF 181.46 FEET; THENCE S 46 °19'57" W A DISTANCE OF 35.30 FEET TO THE POINT OF BEGINNING. CONTAINING 100.367 ACRES, MORE OR LESS. SECTION 3. Said approval shall be subject to the following conditions which shall be binding on the applicant, its successors, and /or assigns. Prior to construction plan approval, potable water conservation devices shall be incorporated into the proposed building per Condition 12 of the 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: November 12, 2003 Resolution 224, 2003 Development Order of the Regional Center DRI. (Engineering) 2. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented per Condition 24 of the Development Order of the Regional Center DRI. (Engineering) 3. Prior to construction plan approval, the project shall comply with the energy plan established by the Property Owners Association Architectural Review Board (Board) for the Regional Center DRI per Condition 25 of the Development Order of the Regional Center DRI. (Engineering) 4. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that a full line of energy- efficient appliances and equipment will be used in the proposed building per Condition 27 of the Development Order of the Regional Center DRI. (Engineering) 5. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that all strike areas of perimeter doors are equipped with a reinforced, casehardened strike plate. (Building) 6. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that glass perimeter doors are equipped with case hardened guard rings to protect the mortise lock cylinder. (Building) 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that an alarm system is installed in the proposed building. (Building) 8. Outdoor seating areas shall be screened pursuant to Section 78- 191(c)(5) of the City's Land Development Regulations. Prior to issuance of the first Certificate of Occupancy, the applicant and /or tenant shall submit to the City for approval three (3) full -size building elevations depicting the required screening. (Planning and Zoning) 9. All rooftop equipment shall be screened from view. (Planning and Zoning) 10. Within thirty (30) days of the effective date of this Resolution, the applicant shall install four (4) Chinese Fan palms within the sidewalk planters immediately to the south of the P.F. Chang's Restaurant. (City Forester) 11. Trash receptacles shall be screened from public view. (Planning and Zoning) 12. The exterior awnings shall be exclusively solid black in color. (Planning and Zoning) M 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: November 12, 2003 Resolution 224, 2003 SECTION 4. The site shall be constructed in accordance with the following plans on file with the City's Growth Management Department: Sheet CD_7• Gempesite Site Plop pFepaFed by IRR4 AFGhit to last iioorl on Cehr,,ani 27, 200-2- submitted to the Gity OR MaFGh 3, t�Y. Sheet STP1.1: Site Plan, prepared by Creative Architectural Solutions, Inc., last revised on June 7, 2003, received and stamped by the City on November 7. 2003. 2. Sheet STP1.2: Patio Plans and Details, prepared by Creative Architectural Solutions, Inc., last revised on June 7, 2003, received and stamped by the City on November 7, 2003. 2-.3. Sheet SP -3: Building "A" Roof Plan, prepared by JPRA Architects, last revised on February 14, 2003, and submitted to the City on March 3, 2003. 3-A. Sheets SP -4 and SP -5: Building "A" Exterior Elevations, prepared by JPRA Architects, last revised on February 14, 2003, and submitted to the City on March 3, 2003. 4.5. Sheet #1: Landscape Detail, prepared by Rood Landscape Co., Inc., last revised on March 3, 2003, and submitted to the City on March 3, 2003. SECTION 5. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: 1. Section 78 -285, Permitted signs, to allow for two (2) additional wall /flat signs, with a maximum of one (1) sign on any elevation for the Brio Tuscan Grille. SECTION 6. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agent(s) at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 5 1 2 3 4 5 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: November 12, 2003 Resolution 224, 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 M Eric Jablin, Mayor AYE NAY ABSENT \ \pbgsfile \Attorney \attorney_share \RESOLUTIONS \Reso 224 2003 - brio tuscan grille - amended site plan approval.doc J L�J J LL rr r x LLJ 1 4- s - AOL Wool '4- ..z.. i •i.w Dllmoppp'o } I J n n II n I I I I II G II 11 Ala D ,ui uoi�nios �a,ni�ai�ya,y anµea,� IVdld 3115 r IL °°""° °�^° "u`°• ^ ^. ••. ••••• 37111J`J Ntl"J8n101TJH f i J n n II n I I I I II G II 11 Ala D - ou! 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Vl � I a � w m i • a .W[ 6 \ � W JJ W ■ w1 Z • W 0 r� C CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: July 16, 2003 Date Revised: November 24.2003 Meeting Date: December 4, 2003 Resolution 130, 2003 Subject/Agenda Item: Accepting a Quit Claim Deed from the Northern Palm Beach County Improvement District; Authorizing the Mayor and City Clerk to Execute a Quit -Claim Deed in Favor of Downtown at the Gardens LLC for the Lake Parcel adjacent to the Downtown at the Gardens project within the Regional Center DRI; Reserving certain rights to the property for public use; Authorizing the Mayor and City Clerk to Execute an Operating Agreement with Downtown at the Gardens, LLC for Use of the Public Area. [X] Recommendation to APPROVE [ ] Recommendation to DENY [ ] Recommendation to POSTPONE Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None 7M Apd by: ager I x ] Not required Date Prepared: July 16, 2003 Date Revised: November 24, 2003 Meeting Date: December 18, 2003 Resolution 130, 2003 BACKGROUND: As part of the Downtown at the Gardens project, the developer is obligated to construct a public area consistent with the Lake Tract Improvements Plan approved by Resolution 92, 2003. The Lake Tract is currently owned by the Northern Palm Beach County Improvement District; which will be executing a Quit -Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens. The Developer has requested that the City of Palm Beach Gardens convey the Lake Tract to Downtown at the Gardens, LLC to enable Downtown at the Gardens, LLC to construct improvements consistent with the Lake Tract Improvements Plan, including improved pedestrian walks, public gathering areas, including street furniture and covered public space, and a 30,000- square foot pavilion for public use. Conveyance of the Lake Tract will result in several benefits to the City: ➢ 30,000 square feet public performance area ➢ In excess of $1,000,000.00 in park improvements available for public use ➢ $808,000.00 donation to the City ➢ Net increase of 3 acres of public area ➢ Perpetual maintenance of public area at no cost to the City ➢ Open for public access and use The City and Downtown at the Gardens are negotiating a mechanism to provide adequate assurances to the City that the Lake Tract Improvement Plan is implemented in a timely fashion. Options proposed include a reverter clause in the deed or a Quit -Claim reconveying the Lake Tract to the City if construction of the Lake Tract Improvement Plan is not commenced by and completed by a date certain. STAFF RECOMMENDATION: Staff recommends Approval of Resolution 130, 2003. At the meeting of August 21, 2003, this item was postponed until September 18, 2003, at the request of Downtown at the Gardens. At the meeting of September 18, 2003, Staff recommended that this item be postponed until an acceptable operating agreement was received so that agreement could be reviewed by Council. The Operating Agreement has now been received. The Agreement provides that the public areas will be open to the public and maintained by Downtown at the Gardens. Special Events will be approved by mutual agreement of the parties. This item was continued from the meeting on November 20, 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: November 7, 2003 RESOLUTION 130, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEPTING A QUIT -CLAIM DEED FROM THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR THE LAKE PARCEL AT DOWNTOWN AT THE GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT -CLAIM DEED IN FAVOR OF DOWNTOWN AT THE GARDENS, LLC FOR THE LAKE PARCEL AT DOWNTOWN AT THE GARDENS; RESERVING RIGHTS FOR THE PUBLIC TO ACCESS AND USE THE LAKE PARCEL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OPERATING AGREEMENT WITH DOWNTOWN AT THE GARDENS, LLC FOR USE OF THE PUBLIC AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Downtown at the Gardens, LLC is developing certain real property in the City of Palm Beach Gardens known as Downtown at the Gardens; and WHEREAS, as part of that development, Downtown at the Gardens, LLC is obligated to construct a public area consistent with the Lake Tract Improvements Plan approved by Resolution 92, 2003; and WHEREAS, the Lake Tract is currently owned by the Northern Palm Beach County Improvement District; and WHEREAS, Northern Palm Beach County Improvement District will be executing a Quit -Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens; and WHEREAS, Downtown at the Gardens, LLC has requested that the City of Palm Beach Gardens convey the Lake Tract to Downtown at the Gardens, LLC to enable Downtown at the Gardens, LLC to construct improvements consistent with the Lake Tract Improvements Plan, including improved pedestrian walks, public gathering areas, including street furniture and covered public space, and a 30,000- square foot pavilion for public use; and WHEREAS, Downtown at the Gardens, LLC has agreed that the Lake Parcel will be reconveyed to the City of Palm Beach Gardens in the event that construction of the Lake Tract Improvements Plan is not commenced and completed in a timely fashion; and WHEREAS, conveyance of the Lake Tract is determined to be in the public interest as it will facilitate the construction of park improvements for the benefit of the public at the expense of Downtown at the Gardens, LLC; and WHEREAS, a Quit -Claim deed has been prepared and is attached hereto; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 7, 2003 Resolution 130, 2003 WHEREAS, the parties have agreed to enter into an Operating Agreement to establish a process for approval of uses of the public areas, including special events; and WHEREAS, an Operating Agreement has been prepared and is attached hereto; and WHEREAS, the City Council has deemed adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council accepts the Quit -Claim Deed from the Northern Palm Beach County Improvement District in favor of the City of Palm Beach Gardens. SECTION 3. The City Council approves the Quit -Claim Deed in favor of Downtown at the Gardens, LLC and hereby authorizes the Mayor and City Clerk to execute such Quit - Claim Deed. SECTION 4. The City Council approves the Operating Agreement between the City and Downtown at the Gardens, LLC and hereby authorizes the Mayor and City Clerk to execute such Agreement. SECTION 5. This Resolution shall become effective immediately upon receipt of an executed Quit -Claim Deed from the Northern Palm Beach Improvement District conveying the Lake Tract to the City. (The remainder of this page left intentionally blank) 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 49 50 Date Prepared: November 7, 2003 Resolution 130, 2003 PASSED AND ADOPTED this day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA M. 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 Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \reso 130 2003 - quit claim deed - operating agmt - downtown at the gardens.doc 3 rij OPERATING AGREEMENT BETWEEN DOWNTOWN AT THE GARDENS, LLC AND THE CITY OF PALM BEACH GARDENS THIS OPERATING AGREEMENT is made this day of , 2003 by and between Downtown At The Gardens, LLC (hereinafter referred to as "Downtown ") and the City of Palm Beach Gardens, Florida (hereinafter referred to as the "City "). WITNESSETH: WHEREAS, the City has approved the development known as Downtown At The Gardens which includes a lake and lakefront area, which are reflected on the approved site plan attached hereto and made a part hereof as Exhibit "A" (the "Public Area "); and WHEREAS, as part of the approval process, Downtown has obligated certain areas to be public - serving pursuant to the terms of this Operating Agreement; and WHEREAS, the parties agree that it is in their best interest to define the procedures and parameters for use of the Public Area to be assured that the Public Area is used in a manner to promote the health, safety, and welfare of all who use the area. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Public Serving /Schedule. The Public Area shall be open to the public, shall be passive, and shall provide free access with no charge for admission. Special Events sponsored by the City or by Downtown may be held and scheduled by mutual agreement of the parties, subject to the City's Special Events Ordinance. Admission may be charged upon mutual agreement of the parties for City- sponsored Special Events. 2. Maintenance and Operation of the Public Area. General maintenance of the Public Area, including the lake area, shall be the responsibility of Downtown or the property owner's association. The operation of the Public Area shall be the responsibility of Downtown. 3. Children's Area. Downtown, at their expense, shall provide an area for children within the Public Area. The children's area shall be maintained by Downtown and be open to the public. 4. Amendments to the Operating Agreement. The parties agree to cooperate and use their best efforts in order to accommodate changes to the Operating Agreement which shall be made upon mutually agreeable terms and conditions. 5. Annual Scheduling. The parties shall meet in March of each year, and prepare a proposed schedule of events for the use of the Public Areas for the following Fiscal Year (October 1 — September 30). The parties have executed this Operating Agreement the year and day first above written. WITNESS: ATTEST: AN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney DOWNTOWN AT THE GARDENS, LLC, A FLORIDA LIMITED LIABILITY COMPANY By: Its: THE CITY OF PALM BEACH GARDENS, a municipal corporation Eric Jablin, Mayor \\pbgsfiie\ Attorney \attorney_share\AGREEMENTS \Operating Agmtl - downtown at the gardens.doc 2 OPERATING AGREEMENT BETWEEN DOWNTOWN AT THE GARDENS, LLC AND THE CITY OF PALM BEACH GARDENS THIS OPERATING AGREEMENT is made this day of , 2003 by and between Downtown At The Gardens, LLC (hereinafter referred to as "Downtown ") and the City of Palm Beach Gardens, Florida (hereinafter referred to as the "City "). WITNESSETH: WHEREAS, the City has approved the development known as Downtown At The Gardens which includes a lake and lakefront area, which are reflected on the approved site plan attached hereto and made a part hereof as Exhibit "A" (the "Public Area "); and WHEREAS, as part of the approval process, Downtown has obligated certain areas to be public - serving pursuant to the terms of this Operating Agreement; and WHEREAS, the parties agree that it is in their best interest to define the procedures and parameters for use of the Public Area to be assured that the Public Area is used in a manner to promote the health, safety, and welfare of all who use the area. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Public Serving /Schedule. The Public Area shall be open to the public, shall be passive, and shall provide free access with no charge for admission. Special Events sponsored by the City or by Downtown may be held and scheduled by mutual agreement of the parties, subject to the City's Special Events Ordinance. Admission may be charged upon mutual agreement of the parties for City- sponsored Special Events. 2. Maintenance and Operation of the Public Area. General maintenance of the Public Area, including the lake area, shall be the responsibility of Downtown or the property owner's association. The operation of the Public Area shall be the responsibility of Downtown. 3. Children's Area. Downtown, at their expense, shall provide an area for children within the Public Area. The children's area shall be maintained by Downtown and be open to the public. 4. Amendments to the Operating Agreement. The parties agree to cooperate and use their best efforts in order to accommodate changes to the Operating Agreement which shall be made upon mutually agreeable terms and conditions. 5. Annual Scheduling. The parties shall meet in March of each year, and prepare a proposed schedule of events for the use of the Public Areas for the following Fiscal Year (October 1 — September 30). The parties have executed this Operating Agreement the year and day first above written. WITNESS: DOWNTOWN AT THE GARDENS, LLC, A FLORIDA LIMITED LIABILITY COMPANY By: Its: THE CITY OF PALM BEACH GARDENS, a municipal corporation Eric Jablin, Mayor ATTEST: Mm Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 01j, 2� - -1 Christine P. Tatum, City Attorney \ \pbgsfile\ Attorney \attorney_share\AGREEMENTS \Operating Agmtl - downtown at the gardens.doc 2 PREPARED AND RETURN TO: Christine P. Tatum, Esq. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED is executed this day of , 2003, by the City of Palm Beach Gardens, a Florida municipal corporation, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ( "Grantor ") to Downtown at the Gardens LLC , a Florida Corporation, whose mailing address is 201 N. U.S. Highway 1, Jupiter Florida 33477 -3401 ( "Grantee "). Wherever used herein the terms Grantor and Grantee shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit -claim unto the Grantee forever, all the right, title, interest, claim, and demand which the Grantor has in and to the following described real property ( "Property "), situate, lying, and being in the County of Palm Beach, State of Florida, to wit: See attached Exhibit "A" Provided, however, the Grantor's conveyance of the Real Property shall be subject to the following disclosures, covenants, restrictions, and /or easements which shall run with the land, namely: (1) All easements, restrictions, and reservations of record without reimposing the same by this reference. (2) Reservation of the perpetual right to the use of the Real Property by the City and by the public. This reservation includes a perpetual public access easement to the Real Property, including the plaza areas located east of Victoria Gardens Drive. Grantor and Grantee will enter into an Operating Agreement wherein the use of the Real Property will be defined and coordinated by mutual agreement of the parties. (3) Reservation of a perpetual easement in, over, under, and upon the Real Property reserving unto the Grantor, together with its authorized employees, licensees, E and agents, the exclusive right and authority, but not the obligation to implement, install, and maintain the lake plan identified in Resolutions 91, 2003 and 92, 2003 of the City of Palm Beach Gardens, as the same may from time to time be amended. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee forever. The Grantor's conveyance of the Property is being given without any statutory, express, or implied warranties of any nature whatsoever, and the acceptance of the Property by the Grantee shall be without recourse as to the Grantor. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation By: Patricia Snider, City Clerk Eric Jablin, Mayor WITNESSES: By: Print Name: By: Print Name: 2 STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2003, by Eric Jablin, Mayor, and Patricia Snider, City Clerk of CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, on behalf of the corporation, who are personally known to me or who have produced as identification and did not take an oath. NOTARY SEAL Notary Public, State of Florida Print Name: G: \attorney_share\AGREEMENTS \quit claim deed - downtownatthegardens.doc 3 EXHIBIT "A" G: \attorney_share\HGREEMENTS \quit claim deed - downtown atthegardens.doc THIS IS NOT A BOUNDARY SURVEY LEGAL DESCRIPTION EXISTING LAKE TRACT (WATER MANAGEMENT TRACT 3 -B) ALL OF WATER MANAGEMENT TRACT 3 -B. AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3- B. AS RECORDED IN PLAT BOOK 90, PAGE 199 THROUGH 201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, CONTAINING 13.494 ACRES MORE OR LESS. SURVEYOR'S NOTES : 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE EASTERLY LINE OF WATER MANAGEMENT TRACT 3 -B, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -B, AS RECORDED IN PLAT BOOK 90, PAGES 199 -201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 06'58' 15" EAST. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE, ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,; -,THIS `DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY .AND;IS. NOT VALID. A Co S5; o3 u DATE CRAIG PUSEY PROFESSIONAL * �EYOR AND MAPPER FLORIDA CERTIFICATE NO. 5019 Landmark Surveying & Mapping Inc. SKETCH AND DESCRIPTION 1950 FOREST HILL BOULEVARD, SUITE 100 E X I S T{ N G LAKE TRACT WEST PALM BEACH, FL 33406 PHONE :L{5# 39fi 3 -5405 9 WATER MANAGEMENT TRACT 3 -13. REGIONAL FIELD: N/A DRAWN: L.C.B. SCALE: I* . 200' CENTER PARCELS 27.09, 27.13 AND WATER BOOK: N/A DATE: MAY, 2003 PROD. FILE JOBS/2527 MANAGEMENT TRACT 3 -13 (P.S. 90, PAGES 199 -201) PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE SHEET NO. I OF lJOB NO. 2527 LEGEND R = RADIUS L = ARC LENGTH A = CURVE CENTRAL ANGLE F.P.L. = FLORIDA POWER AND LIGHT COMPANY L.S.E. = LIFT STATION EASEMENT P.E. = PEDESTRIAN EASEMENT P.B. = PLAT BOOK O.R.B. = OFFICIAL RECORD BOOK (i = CENTERLINE SURVEYOR'S NOTES : 1.) NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 2.) BEARINGS AS SHOWN HEREON ARE BASED UPON THE EASTERLY LINE OF WATER MANAGEMENT TRACT 3 -B, AS SHOWN ON THE PLAT OF REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -B, AS RECORDED IN PLAT BOOK 90, PAGES 199 -201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A PLATTED BEARING OF SOUTH 06'58' 15" EAST. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE, ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER,; -,THIS `DRAWING, MAP, SKETCH OR PLAT IS FOR INFORMATION PURPOSES ONLY .AND;IS. NOT VALID. A Co S5; o3 u DATE CRAIG PUSEY PROFESSIONAL * �EYOR AND MAPPER FLORIDA CERTIFICATE NO. 5019 Landmark Surveying & Mapping Inc. SKETCH AND DESCRIPTION 1950 FOREST HILL BOULEVARD, SUITE 100 E X I S T{ N G LAKE TRACT WEST PALM BEACH, FL 33406 PHONE :L{5# 39fi 3 -5405 9 WATER MANAGEMENT TRACT 3 -13. REGIONAL FIELD: N/A DRAWN: L.C.B. SCALE: I* . 200' CENTER PARCELS 27.09, 27.13 AND WATER BOOK: N/A DATE: MAY, 2003 PROD. FILE JOBS/2527 MANAGEMENT TRACT 3 -13 (P.S. 90, PAGES 199 -201) PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE SHEET NO. I OF lJOB NO. 2527 PARCEL 27.14 REGIONAL CENTER PARCELS 27.12. 27.14 AND LAKE VICTORIA GARDENS AVENUE (P.B. 94. PAGES 40 -42) THIS IS NOT A BOUNDARY SURVEY N 80 °04'54 "E 234.50' N 37 045'07 "E 201.89' -1 O O to �. O 0) O O M Z (t 7' P. E. P.B. 90. PAGE 199 A =10 024'51" L= 191.11' R= 1051.45' w 0 Ln �1 v a? n S 39 °07'38 "E 94.90' — , 3 �b EXISTING LAKE TRACT a WATER MANAGEMENT TRACT 3 -B O-- REGIONAL CENTER PARCELS q,�% ti O 'L 27.09. 27.13 AND WATER �tv Z MANAGEMENT TRACT 3 -8 ti 0 r�9� r��� s (P.B. 90. PAGES 199 -2011 tK to u', I 5 PARCEL 27.09 REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER � h� CD MANAGEMENT TRACT 3 -B 9G►� ,A/ 0 � p (P.B. 90. PAGES 199 -201) s ,9 P 0 _ cJ o "o c po �, s � 9� L>ap �% Si•60 2N o, L S 0� ..E. `sp,� / PARCEL 27.14 O.R.B. 8601, PAGE 28 REGIONAL CENTER PARCELS 27.12. 27.14 AND LAKE VICTORIA GARDENS AVENUE G (P.B. 94, PAGES 40 -42) N N 14 0'03'17 "W 82.72' - - - N 58 041'21 "W 35.68'-7 0/ R�� 056°`3 DNS Pip Q PGE G 2• ss o�Q e29 L= 49.63' A =06 °06'14" R= 465.87' EASEMENT PAGE 1785 \ O.R.S. 5373. 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH. FL 33406 o m m -'I ;0 PARCEL 27.13 m REGIONAL CENTER PARCELS La 3 r 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -B Z (P.B. 90. PAGES 199 -201) M CHECKED: C.S.P. m� CADDFILE 2527LAKE 1 N 58 041'21 "W 35.68'-7 0/ R�� 056°`3 DNS Pip Q PGE G 2• ss o�Q e29 L= 49.63' A =06 °06'14" R= 465.87' SKETCH AND DESCRIPTION EXISTING LAKE TRACT WATER MANAGEMENT TRACT 3 -13. REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -B (P.B. 90. PAGES 199 -201) SHEET NO. 2 OF 2 IJOB NO. 2527 Landmark Surveying & Mapping Inc. 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH. FL 33406 PHONE : 561) 433 -5405 L ®4396 FIELD: N/A DRAWN: L.C.B. SCALE: I" • 200' BOOK: N/A DATE: MAY, 2003 PROJ. FILE JOBS/2527 PAGE: N/A CHECKED: C.S.P. CADDFILE 2527LAKE SKETCH AND DESCRIPTION EXISTING LAKE TRACT WATER MANAGEMENT TRACT 3 -13. REGIONAL CENTER PARCELS 27.09. 27.13 AND WATER MANAGEMENT TRACT 3 -B (P.B. 90. PAGES 199 -201) SHEET NO. 2 OF 2 IJOB NO. 2527 Aueduloo ;uatudoj.'Aga UlUdW 0 U1140-;UA400 �Y20 us 2 ci (3 j dj 6 Ul Q � 0. 0. w m P o i5 10 U) L� Lu LU 0 0 0 0 o U) CL 0 .42 m 5, M P 0 (n C6 0 r 1 G Q 12 g 41 1 j1V o E ZO �Rc;sE ))III 00 Ai AUVdU-100;U9U1d019A9a UIU,9W 11111A I R SUdpJeo dllj �V U1140�UI1400 o E ZO �Rc;sE ))III 00 Ai I 11111A I R 4L o E ZO �Rc;sE ))III 00 Ai R o E ZO �Rc;sE ))III 00 Ai CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 18, 2003 Meeting Date: December 4, 2003 Resolution 215, 2003 Subject/Agenda Item: Old Palm P.C.D.- Easement Abandonment - Abandonment of a 10 -feet wide Utility Easement in Open Space Tract -2, Old Palm Plat Two, Recorded in Plat Book 98, Pages 139 through 145 in the Public Records of Palm Beach County. [X] Recommendation to APPROVE [] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) Growth Management [ ] Approved D ment $ N/A [ ]Approved w/ Current FY conditions [ ] Denied City Attorney Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [X ] Other Resolution 215, 2003 Sketch & Legal Submitted by: X ] Not Required Daniel P. Clark, P.E. City Engineer Affected parties [X ] Notified Budget Acct. #: [ ] None Approved by: Ron Ferris 471 1 City Not Manage [ ] required Page 2 of 2 Date Prepared: November 18, 2003 Meeting Date: December 4, 2003 Resolution 215, 2003 BACKGROUND WCI Communities, Inc. is requesting approval of the abandonment of the Utility Easement described in the attached Exhibit A. This easement is currently located within Open Space Tract - 2, Old Palm Plat Two, Recorded in Plat Book 98, Pages 139 through 145 in the Public Records of Palm Beach County. An overlapping easement was discovered on a Seacoast Utility Authority easement recorded with Old Palm Plat Two. Seacoast has agreed to a new location and all other affected utilities have provided Old Palm (WCI) with letters of No-Objection to the abandonment. The City has no interest and perceives no public benefit for the easement. There is no impact to landscaping or the preserve area along PGA Boulevard. STAFF RECOMMENDATION Staff recommends approval of Resolution 215, 2003. AAResolution 215, 2003.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 3, 2003 RESOLUTION 215, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ABANDONING A TEN -FOOT WIDE UTILITY EASEMENT AS SHOWN ON OPEN SPACE TRACT -2, OLD PALM PLAT TWO, AS RECORDED IN PLAT BOOK 98, PAGES 139 THROUGH 145, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a ten -foot (10') wide Utility Easement exists on the following real property located in Palm Beach Gardens, Florida as described on the attached Exhibit "All; WHEREAS, the fee owner of said property has requested the City Council to abandon said ten -foot (10') wide Utility Easement; and WHEREAS, all major utilities entitled to use said easement have filed in writing with the City stating that there is no objection to said requested abandonment. 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 ten -foot (10') wide Utility Easement as described on the attached Exhibit "A" is hereby released, vacated, and abandoned. SECTION 3. This abandonment does not release, vacate, or abandon any rights pursuant to that certain Buffer Easement recorded in Official Records Book 9897, Page 1436, Palm Beach County Records. SECTION 4. The Mayor and City Clerk: are hereby authorized and directed to execute any ancillary documents the City Attorney shall require to fully effect the abandonment of said Utility Easement. SECTION 5. This Resolution shall become effective immediately upon adoption. 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: November 3, 2003 Resolution 215, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: xw Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M. Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILM EMBER CLARK COUNCILM EMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA AN Eric Jablin, Mayor AYE NAY ABSENT G: \attorney share \RESOLUTIONS \reso 215 2003 - old palm easement abandonment.doc 2 f EXHIBIT "A" 10- FEET -WIDE UTILITY EASEMENT ALL OF THAT CERTAIN 10- FEET -WIDE UTILITY EASEMENT IN OPEN SPACE TRACT -2, OLD PALM PLAT TWO, RECORDED IN PLAT BOOK 98, PAGES 139 THROUGH 145 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE NORTH 10 FEET OF THE SOUTH 50.00 FEET OF SAID OPEN SPACE TRACT -2 (AS MEASURED AT RIGHT ANGLES) AND PERPENDICULAR TO THE SOUTH LINE OF SAID OPEN SPACE TRACT -2, BOUNDED ON THE EAST BY THE WESTERLY RIGHT -OF -WAY OF CENTRAL BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 5104, PAGE 945 OF THE SAID PUBLIC RECORDS AND BOUNDED ON THE WEST BY THE EAST RIGHT -OF -WAY LINE OF OLD PALM DRIVE, AS SHOWN ON SAID PLAT OF OLD PALM PLAT TWO. CONTAINING 12,073 SQUARE FEET (0.277 ACRES), MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS, RESERVATIONS AND RIGHTS -OF- WAY OF RECORD. LEGEND: R / W = RIGHT -OF -WAY U.E. = O.R.B. UTILITY EASEMENT = OFFICIAL RECORD BOOK PB. = PLAT BOOK O.S = OPEN SPACE PG. = PAGE C/L = CENTER LINE CA = CENTRAL ANGLE FPL = FLORIDA POWER AND LIGHT CO. R = RADIUS L.M.E. = LAKE MAINTENANCE EASEMENT L = ARC LENGTH DESCRIBED 10- FEET -WIDE t.- ......•.....� UTILITY EASEMENT NOTE: 1. THIS SKETCH AND DESCRIPTION IS NOT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD, AS DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 AND AS SHOWN ON THE PLAT OF "OLD PALM PLAT TWO ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 98, PAGES 139 -145 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH BEARS SOUTH 02'09'59" WEST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 3. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SKETCH THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE, SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT-VALID- UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED �"SUR.VCYOR�- - AND; MAPPER EMPLOYED BY KESHAVARZ AND ASSOCIATES, INC. M I � k ' _ ---may HAE L R H6RraN --SR PROFESS -1-NAL SURVEYOR AND--M -k PER FLOR l DA R =G I STRA ? ;I;ONt-NO. 594 {� + �; DRAWN BY: MKH SURVEY DATE: N \A SCALE: �ro K �s auk. 1 ochates Inc. CHECKED BY: MAG DRAWING DATE: 15— SEP_03 N/A `7": r +, f COIlaTJ1 7p`iCi 01(AINEMA - SURVEYORS 'c fill N, ,Tf1A�ffiGHWAY,SU1TE201 FIELDWORK: TDS FILE: PROJECT No. ' o West Palm Beach, Florida 33401 UPDATE: 7 6 8 _U E _ A B A Td: (561) 6894600 Pax: (561) 689 -7476 LB 4897 SHEET 1 OF 4 \ \Ka \FS \SU\ 768_ DLDPALM _PL2 \dwg \768_PLAT- UE_ABA.dwg 9/15/2003 3 :55 +48 PM EST EXHIBIT "A" CIL CENTRAL BOULEVARD WESTERLY R/W LINE OF CENTRAL BOULEVARD - (O.R.B. 5104, PG. 945) S02 °09959 99W (BEARING BASE) GOLF TRACT- 1 32' L.M.E. OLD PALM PLAT TWO P.B. 98, PG. 139) 5' WALL EASEMENT I _Y S02.09'59 "W 10.00' 0 N88.22'39 "W 1012.17' 10' U.E. OLD PALM PLAT TWO �o, (P.B. 98, PG. 139) 10' WATER LINE EASEMENT OLD PALM PLAT TWO (P.B. 98, PG. 139) OPEN SPACE TRACT -2 12- FEET -WIDE FPL EASEMENT OLD PALM PLAT TWO r s (P.B. 98, PG. 139) I `S�• (O.R.B. 11987, 1 's, PAGE 1615) LA KE TRACT -2 GOLF TRACT -1 NORTH LINE OF OPEN SPACE TRACT -2 (P.B. 98, PG. 139) 55.00' m SE CORNER OF I OPEN SPACE TRACT -2 OLD PALM PLAT TWO (P.B. 98, PG. 139) WATER LINE EASEMENT OLD PALM, PLAT TWO (P.B. 98, PG. 139) 55' BUFFER EASEMENT O.R.B. 9897, PG. 1436 O.R.B. 8606, PG, 774 AND O.R.B. 7819, PG. 1517; MATCHLINE 80 0 40 80 1 INCH = 80 FEET Keshavarz & Associates, Inc. CONSULTING ENGUM" - SURVEYORS 711 NORTH DWE HIGHWAY, SUITE 201 West Palm Beach, Florida 33401 r- Tel: (561) 6894M F= (561) 669 -7476 LB 4897 55.00' m SE CORNER OF I OPEN SPACE TRACT -2 OLD PALM PLAT TWO (P.B. 98, PG. 139) WATER LINE EASEMENT OLD PALM, PLAT TWO (P.B. 98, PG. 139) 55' BUFFER EASEMENT O.R.B. 9897, PG. 1436 O.R.B. 8606, PG, 774 AND O.R.B. 7819, PG. 1517; SEE SHEET 3 OF 4 Q cr V Q I.�.I U O m DRAWN BY: MKH ISURVEY DATE: N \A_ SCALE: CHECKED BY: MAG 1DRAWING DATE: 15— SEP -03 1 "= 80' FIELDWORK: TDS FILE: PROJECT No. UPDATE: 768_UE_ABA \ \Ka \FS \SU\ 768_ ULDPALM _PL2 \dwg \l68_PLAT_UL_ABA.dwg y /15 /2UUJ Sn5:4t$ NM tai 100.00' 50' o O cr-- 10' h w r- ZD ^N orn I C-i F-- O mo r-- Q a CD 00 _ U N a. Of ors ~ w C� O) m LLJ I`� J 0. a- N � 00 CC) (� r C' e N z W m Z m co CC 0= LtJ Z o o CL_ 2-6 r- o SEE SHEET 3 OF 4 Q cr V Q I.�.I U O m DRAWN BY: MKH ISURVEY DATE: N \A_ SCALE: CHECKED BY: MAG 1DRAWING DATE: 15— SEP -03 1 "= 80' FIELDWORK: TDS FILE: PROJECT No. UPDATE: 768_UE_ABA \ \Ka \FS \SU\ 768_ ULDPALM _PL2 \dwg \l68_PLAT_UL_ABA.dwg y /15 /2UUJ Sn5:4t$ NM tai i, NMI EXHIBIT "A" MATCHLINE SE ■■■■■■■■■■■ ■■■■t� ■■ ■■ ■■■ ■■ I \ I � I � I .E SHEET 2 ■■■■ ■AI � ■■■■ I I I •, 50' I II N 10' I Q r-- I I '• MATCHLINE SEE SHEET 4 80 0 40 80 1 INCH = 80 FEET OF 4 J■■■■■■■■■■■■E■■ O e M cV 0 00 Z 55' BUFFER EASEMENT O.R.B. 9897, PG. 1436 O.R.B. 8606, PG. 774 AND O.R.B. 7819, PG. 15 100.00' 0 w J 00 mz QQ c� 00 a- CV O L w C-6 zm J � 00 C V Of Cr-m ooh J 0 m CL J U i I 12- FEET -WIDE FPL EASEMENT (O.R.B. 11987, PAGE 1615) I OF 4 Kes avarz Associates Inc. DRAWN BY: MKH SURVEY DATE: NSA •I CHECKED BY: MAG DRAWING DATE: 15— SEP -03 FS] 1 ; CONSULTING ENGINMS - SURVEYORS 711 NORTH DME HIGHWAY; SUM 201 5' WALL EASEMENT I U w 11 OLD PALM PLAT TWO Q 0-)1 I .± UPDATE: (P.B. 98, PG. 139) I cn CN N 04 TeL (561) 689 -8600 F= (561)689.7476 LB 4897 I Z I w oo I I ° I I .•.� 10 1 I '•` ' N, I ° U 12 -FEET WIDE FPL EASEMENT I I (O.R.B. 11987, PAGE 1615) - v o 01-1 1 I 1 .1 'J N mQ:f I F-- co liJ 10' WATER LINE EASEMENT Q OLD PALM PLAT TWO I I I •'� a,m �� CL (P.B. 98, PG. 139) C'4 cn I 55.00' bCN0 w I l z w 1 45.00' O 1 I � f NORTH LINE OF I I ;•; OPEN SPACE TRACT -2 1 1 I •'� (P.B. 98, PG. 139) I I LLJ I ► •' I / I � I I •; i 1 N II •� I I QL I I •'; 32' L.M.E. 1 ; GOLF OLD PALM PLAT TWO ' TRACT -1 1 z I I (P.B. 98, PG. 139) i ~ i I I IC) •'1 50' II'� \I I 10' I ■■■■■■■■■■■■■ ■i ■ ■ ■ ■ ■ ■ ■ ■ ■■ I I Ii ••� ■ ■ ■ ■■I ■.' ■ ■ ■ ■I MATCHLINE SEE SHEET 4 80 0 40 80 1 INCH = 80 FEET OF 4 J■■■■■■■■■■■■E■■ O e M cV 0 00 Z 55' BUFFER EASEMENT O.R.B. 9897, PG. 1436 O.R.B. 8606, PG. 774 AND O.R.B. 7819, PG. 15 100.00' 0 w J 00 mz QQ c� 00 a- CV O L w C-6 zm J � 00 C V Of Cr-m ooh J 0 m CL J U i I 12- FEET -WIDE FPL EASEMENT (O.R.B. 11987, PAGE 1615) I OF 4 Kes avarz Associates Inc. DRAWN BY: MKH SURVEY DATE: NSA SCALE: CHECKED BY: MAG DRAWING DATE: 15— SEP -03 1 "= 80' CONSULTING ENGINMS - SURVEYORS 711 NORTH DME HIGHWAY; SUM 201 FIELDWORK: TDS FILE: PROJECT No. 7 6 8 E B A West Palm Beach, Florida 33401 UPDATE: _U _A SHEET 3 OF 4 04 TeL (561) 689 -8600 F= (561)689.7476 LB 4897 \ \Ka \FS \SU\ 768_ OLDPALM _PL2 \dwg \768_PLAT_UE_ABA.dwg 9/15/2003 3 :55 :48 PM EST EXHIBIT "A" MATCHLINE.SEE SHEET 55' BUFFER EASEMENT I I I ' a O.R.B. 9897, PG. 1436, O.R.B. 8606, PG. 774 11 I OLD PALM AND O.R.B. 7819, PG. 1517) TWO 55.00' 1 1 V I I OLD 32' L.M.E. n I PLAT TWO OLD PALM PLAT TWO 11 PG. 45.00' I I •h (P.B. 98, PG. 139) 10 WATER LINE EASEMENT CD CD / • I 50' OLD PALM PLAT TWO I S02'36'41 "W // (P.B. 98, PG. 139) (RADIAL) // •' '1' ° N � �II N w NI I 00 --" 00 rl- CL -' GOLF TRACTI 1 N UJI �� Cn J 5' WALL EASEMENT o OLD PALM PLAT TWO \ w I' (P.B. 98, PG. 139) i 00 O~ 1 12' WIDE FPL EASEMENT I (O.R.B. 11987, PAGE 1615) i 1 i 10' WATER LINE I I EASEMENT II (P.B. 98, . I PG. 139) I I ' 80 0 40 80 1 INCH = 80 FEET I I I I WATER LINE EASEMENT OLD PALM PLAT TWO (P.B. 98, PG. 139) EAST R/W LINE OF OLD PALM DRIVE - OLD PALM PLAT TWO (P.B. 98, PG. 139) •h . ".0 Td: (561) 689 -8600 Pax: (561) 689 -7476 LB 4897 CD CD / • I 50' SHEET 4 OF 4 I 3 OF 4 .... ............... —1 100.M' 50' 0 .1 co cD '.i O w 'h N CD ., N w 'l 0 �00 .,= CD 1\101'37'22" E I 10.00' 1 m I— U Q rr-- w U Q (n Z w CL O El DRAWN 8Y: MKH I O � R= 11,309.16' 1 CA= 0'59'20" A L= 195.19' WI PROJECT No. 711 NORTH DDZ HIGHWAY, SUITE 201 I .l I / •h . ".0 Td: (561) 689 -8600 Pax: (561) 689 -7476 LB 4897 CD CD / • I 50' SHEET 4 OF 4 co S02'36'41 "W // :.j (RADIAL) // •' 1\101'37'22" E I 10.00' 1 m I— U Q rr-- w U Q (n Z w CL O El R= 11,319.16' CA =0'59' 17" L= 195.20' O ^ O � O LO II .— II II J (j Keshavarz & Associates, Inc. DRAWN 8Y: MKH I O � CHECKED BY: MAG DRAWING DATE: 15_SEP_03 -rrFgpq 3 s� CONSULTING ENGINEERS - SURVEYORS O FIELDWORK: WI PROJECT No. 711 NORTH DDZ HIGHWAY, SUITE 201 J UPDATE: Q 7 6 8 _U E _A B A . ".0 Td: (561) 689 -8600 Pax: (561) 689 -7476 LB 4897 CD CD SHEET 4 OF 4 co 0 Cn Li — W '1' ° N z a- =, Q N rn 00 --" 00 rl- CL N z �cr_m J o \ JZOo / U R= 11,319.16' CA =0'59' 17" L= 195.20' O ^ O � O LO II .— II II J (j Keshavarz & Associates, Inc. DRAWN 8Y: MKH SURVEY DATE: N \A SCALE: CHECKED BY: MAG DRAWING DATE: 15_SEP_03 -rrFgpq 3 s� CONSULTING ENGINEERS - SURVEYORS 1 "= 80' FIELDWORK: TDS FILE: PROJECT No. 711 NORTH DDZ HIGHWAY, SUITE 201 UPDATE: •w.:3i. West Palm Beach, Florida 33401 7 6 8 _U E _A B A . ".0 Td: (561) 689 -8600 Pax: (561) 689 -7476 LB 4897 SHEET 4 OF 4 \\ Ka\ hS\ SU\/ 68_ ULDPALM _PL2 \dwg \768_PLAT_UE_ABA.dwg 9/15/2003 3 :55 :46 PM EST wt; I NKtm btAUH L;AIiUM Fax: 561 -775 -1099 Nov 3 2003 9:54 P.02 CL Seaeoost Utility Authority '"Po Box o Pdim Gardens. Florida 3341 33d�p.96D2 EXECUTIVE OFFICE: OCT�. � October 22, 2003 Ms. Pat Lawson Keshavaiz & Associates, Inc. 711 N. Dixie Highway Suite 201 West Palm Beach, Fl 33401 RE: Letter of No Obiecttion Dear Ms. Lawson: This letter will confirm that the Seacoast Utility Authority has no objection to the proposed abandonment of a portion of a platted public utility easement depicted on the plat of Old Palm Plat Two as recorded in Plat Book 98 Pages 139 through 145 public records of Palm Beach County, Florida more particulawly described on the'attached Exhribit. Sincerely, SEACOAST TY AUTHORITY Rim Bishop Executive Director 0 cc: Bruce Gregg LNO:REV 9104 Abandonmcnt\OldPalmP laf[Vo /092403 4200 Hood Road, Palm Beach Gardens. Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 1 Fax (561) 624 -2839 Z.' d 91- *L.689I SS sage z ooszy 'g zJeney5e>1 dS i = Z0 co 62 zoo ' EECE VhDb 1W 1 7 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 4, 2003 Date Prepared: November 17, 2003 Ordinance 37, 2003 Subject /Agenda Item: Ordinance 37, 2003 - SMALL -SCALE LAND -USE AMENDMENT FOR A PORTION OF PARCEL 31.04 First Reading: A request by Hank Skokowski of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, for a small -scale land -use map amendment to change the current land -use designation of a 6.416 -acre parcel from Mixed -Use (MXD) to Residential High (RH). The subject parcel, known as a portion of Parcel 31.04, is located at the southeast corner of Central Boulevard and Hood Road. (Petition CP- 03 -07) [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner Talal Benothman, AICP Project Costs: $ NA Total [ ] App. w/ conditions [ ] Denied City Attorney r Manager [ ] Rec. approval Christine Tatum Natalie Wong $ NA [ ] Rec. app. w/ conds. Development Compliance Senior Planner Current FY [ ] Rec. Denial Z f A [ ] Continued to: Bahareh K. Wolfs Funding Source: Advertised: Attachments: Growt Mana met n t Direct r Date: [ ]Operating • Exhibit A — Land Transfer Detail Paper: [X] Other NA Charles K. Wu, AICP 0 Location Map [X] N�ired • Letter from City Traffic Engineer Approved Budget Acct. #: • Traffic Study Affected parties: City Mana NA • Justification Statement Ronald M. [ ] Not ified • Ordinance 37, 2003 [X ] Not Required [ ] None Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 2 of 7 BACKGROUND: The subject site is a portion of Parcel 31.04, which is a 50.58 -acre site that has a Future Land - Use designation of Mixed -Use. The property owner is proposing a future land use map amendment to convert the land -use designation of a 6.416 -acre portion of the site from Mixed - Use (MXD) to Residential High (RH). The subject parcel is intended to be combined with the adjacent 156.47 -acre parcel (Parcel 31B), which currently has a Residential High (RH) Future Land -Use designation. The subject site is bounded by a proposed future right -of -way and parcel 31B to the north and east, the remainder of Parcel 31.04 (Mixed -Use) to the south, Central Boulevard and vacant property (Parcel 31.07) to the west. The site is subject to the Forbearance Agreement entered into between the City and major landowners who purchased land from the MacArthur Foundation during the divestiture. The Forbearance Agreement limited the site to 3 dwelling units per acre and a 0.25 Floor Area Ratio. PARCEL 31B Concurrently, the owner of the adjacent Parcel 31B Residential High (RH) site, Gardens 207, L.L.C., has also requested a small scale Comprehensive Plan Future Land -Use amendment to designate approximately 3.424 -acre portion of the parcel from Residential High (RH) to Mixed - Use (MXD) (CP- 03 -08). It is the intent of the applicant to do a land transfer of the parcels if the small -scale amendments are successful. Gardens 207, L.L.C., owners of Parcel 31B will transfer two separate parcels (Parcel 1 and Parcel 3 as indicated on the attached description and sketch) totaling 6.414 acres to Gardens 95 Limited Partnership, owners of Parcel 31.04. The land transfer will square off the rounded boundary between the two sites and allow for the configuration of the future public thoroughfares through Parcel 31 B. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The applicant intends to develop a Mixed -Use Planned Unit Development (PUD), which is consistent with the proposed and existing residential and residential mixed -use development in the area. To the north of the subject site is Parcel 31B, which is currently in the process for the approval of a residential Planned Community District (PCD), which is a compatible use with the proposed residential high designation of the site. To the west is a vacant parcel (Parcel 31.07), which has a Mixed -Use (MXD) future land use designation. To the south are Residential High (RH) parcels and Residential Medium (RM) parcels that are currently vacant. To the east is the remainder of Parcel 31.04, which has a land -use designation of Mixed -Use (MXD). The requested Residential High Future Land Use Map Designation is consistent with the adjacent residential mixed -use and high density residential parcels. The use is also complimentary with the adjacent uses and would allow for a good transition for the commercial /residential mixture to the adjacent uses. Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 3 of 7 COMPATIBILITY WITH THE VISION PLAN: The City's Vision Plan serves as a land -use guide for all land -use designation changes in the City. The Vision Plan designates the subject site as Residential Medium (RM). The requested land -use change to Residential High (RH) is compatible with the Vision Plan designation because it allows for residential uses and will allow for a transition to the required Neighborhood Commercial (CN) required in a residential mixed -use development intended for Parcel 31.04; therefore, it is consistent with the intent and objective of the Vision Plan. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed land -use amendment is consistent with many of the Goals, Objectives, and Policies of various elements within the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment, are listed below. Future Land -Use Element Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of the Comprehensive Plan) are available concurrent with the impacts of development. Objective 1.1.7.: The City shall maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. The proposed land -use amendment from Mixed Use (MXD) to Residential High (RH) provides for the promotion of residential high development within an area with existing infrastructure and services in the City of Palm Beach Gardens. The amendment provides a reduction in the intensity of the allowable development, thereby minimizing the impact of the land use on the existing environment. Policy 1.1.5.2(a): For those areas which were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 4 of 7 and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 8. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. The land -use amendments are proposed as a precursor to a land transfer by the property owners (Parcels 31B and 31.04), which will allow for the squaring off of property boundaries in order to better align the required thoroughfares that transect the parcels. The applicant is proposing the amendment in order to accommodate the right -of -way between the parcels required by the City's Conceptual Thoroughfare Plan. Transportation GOAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and efficient for all persons living in and traveling through the City. Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways. Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be applicable to the urban and rural service areas. Level of service for FIRS roads will be measured utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas (Table 2B), or FDOT Generalized two -way Peak Hour Volumes for Florida's Urbanized Areas (Table 2C), or utilizing the FDOT Florida Highway System Plan Level of Service Standards and Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures contained in the Special Report 209, 3rd Edition, 1994. Level of service for non -FIRS roads that are part of the County thoroughfare system will be measured utilizing the volumes provided in the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D), or utilizing the methodologies provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E) or utilizing the FDOT Manual and 1994 HCM procedures. The proposed amendment promotes a reduction in net new daily trips estimated by using the most intense use of the parcel as provided in the City's Land Development Regulations. The reduction in trips minimizes the impact of this parcel on the adopted level of service standards of the affected roadways. Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 5 of 7 Conservation Objective 6.1.8.: Prior to the issuance of any development orders for that area included in the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, the plan for all or a part of the Parkway System shall be implemented by the City. Policy 6.1.8.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway System. The land -use amendments are proposed as a precursor to a land transfer by the property owners (Parcels 31B and 31.04), which will allow for the squaring off of property boundaries in order to better align the required thoroughfares that transect the parcels. The applicant is proposing the amendment in order to accommodate the right -of -way between the parcels. HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and/or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE: The site is currently heavily wooded with predominantly native upland plant species. Very little exotic and nuisance plant species have invaded the ecosystem of the site. The applicant will be required to set aside 25% of the viable upland on the site during the development approval process. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential that is allowed under the existing land -use designation of Mixed -Use is outlined in the table below. The analysis is based on the total acreage of the site, which is 6.416 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and the intensity limitation to .25 FAR in the Forbearance Agreement. The potential impacts of development under the proposed land -use designation are as follows: Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 6 of 7 POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF MIXED -USE (RESIDENTIAL) Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 20,961 sq. ft. of 30% Land allocation 2,493 Daily N/A Adequate Adequate Adequate commercial .25 FAR trips capacity capacity capacity use 20,961 sq. ft. of 30% Land allocation 396 Daily N/A Adequate Adequate Adequate professional .25 FAR trips capacity capacity capacity office use 4 units of 25% Land allocation 40 Daily trips N/A Adequate Adequate Adequate residential 15 dwelling units capacity capacity capacity high use per acre TOTAL = -- 1,759 Daily -- -- -- -- 41,922 square trips feet and 4 du MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential allowed under the proposed land -use designation of Residential High (RH) is twelve (12) dwelling units per acre; however the Forbearance Agreement limits this property to three (3) dwelling units per acre, which allows a maximum of nineteen (19) dwelling units on the site. The potential impacts of development under the existing land -use designation are as follows: POTENTIAL IMPACTS UNDER EXISTING LAND -USE OF RESIDENTIAL HIGH Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 19 du 3 dui 190 Daily N/A Adequate Adequate Adequate trips capacity capacity capacity The trip generation analysis reflects that there will be a net DECREASE of 1,569 external trips. LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 37, 2003 Page 7 of 7 STAFF COMMENTS: The proposed land -use map designation of Residential High (RH) is compatible with the surrounding land -uses of adjacent properties and with the City's Vision Plan. The property is also suitable for the proposed land -use change. The traffic analysis submitted by the applicant does not reflect significant impacts that would result in lowering the adopted LOS of any affected roadway segment. LOCAL PLANNING AGENCY: On September 23, 2003, the Planning & Zoning Commission, sitting as the Local Planning Agency, recommended approval of the proposed amendment with a vote of 7 -0. CITY COUNCIL On November 6, 2003, the City Council held first reading on Ordinance 37, 2003. Subsequently, staff has amended the ordinance title to account for a typographical error regarding the location of the parcel, so it is necessary to repeat first reading of the ordinance. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 37, 2003. A Parcel 31.04 3 � Small Scale FLUP Amendm Palm Beach Gardens, FL M`c�p$G F,', PAY 2 7003 U Location Map &�O //V :., '.01iVISI p/V NORTH TWP 41 RNG 42 SEC 35 Job #: 003 - 003.03 Date: 05.15.03 ❑ � ❑ Kimley -Horn and Associates, Inc. May 19, 2003 Mr. Marty Minor, AICP Urban Design Studio 477 S. Rosemary Avenue Suite 225 — The Lofts at City Place West Palm Beach, Florida 33401 Re: Parcel 31.04, Small -Scale future land use amendment, traffic analysis Palm Beach County, Florida 042086000 Dear Mr. Minor: As authorized, Kimley -Horn and Associates, Inc. has undertaken a comprehensive plan amendment traffic impact analysis for the above - referenced project. The property is located south of Hood Road and west of Military Trail along the east side of Interstate 95 (I -95) in Palm Beach County, Florida. The property is currently designated as MXD, which allows for a development mix of 30% retail, 30% office, 25% residential, and 15% open space. An amendment to the Future Land use dement for Palm Beach County is being sought that will allow 6.416 acres to be designated RH -3, which allows for 3 dwelling units per acre under the Forbearance Agreement. The traffic impact analysis was performed to determine the net trip change associated with the proposed change in land use designation. The attached Table 1 presents a summary of the proposed change in land use designation for the 6.416 acre section currently designated as MXD that is proposed to be changed to RH -3. The maximum allowable development associated with the current and proposed land use designation is summarized in Table 1. The daily trip generation potential associated with each land use designation was developed based on daily trip generation rates contained in Palm Beach County's Impact Fee Ordinance. The trip generation rates and results of the change in land use designation are presented in Table 1. As can be seen there is a net reduction of 1,569 daily trips that results with the change in land use designation of the 6.416 acres. This results in a finding of no significant impact. ■ TEL 561 845 0665 FAX 561 863 8175 ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 A, ry "G +2�Q3 � E�S1C�l+i ❑�� Kimley -Horn Mr. Marty Minor, AICP, May 19, 2003, Page 2 and Associates, Inc, The foregoing analysis demonstrates that the proposed change in land use designation of the 6.416 acres results in a net decrease in potential traffic impacts for Parcel 31.04 considering the allowable land use designations for the parcel. If you or the City should have any questions, please do not hesitate to call. Sincerely, K EY -HORN AND ASSOCIATES, INC. Orin : E. F'lorid�... gds tion Number '568,46,. Engineering B.us ness Number 646 . LRCB /grb Attachments P: 0420\86000\051903mm.doc TABLE 1 PARCEL 31.04 COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION Land Use Intensity Daily Trips Current Land Use Designation (6.416 acres) 4 d.u. 40 Residential Retail 20,961 S.F. 2493 Office 20.961 S.F. 396 2,929 Internal Capture Residential 10.00% 4 Retail 0.88% 22 Office 5.56% 22 48 Pass -By Capture Residential - Retail 44.63% 1,103 Office 5.00% 19 1,122 Net New External 1,759 Proposed Land Use Designation (6.416 acres) 19 d.u. 190 Residential (3 dwelling units per acre) 190 Net New External 190 Net Trip Change (1,569) Note: Trip generation was calculated using the following data: Daily Traffic Generation Residential [P.B.C.] = T = 10 trips per dwelling unit Retail [P.B.C.] = Ln(T) = 0.643 * Ln(X) + 5.865 General Office [P.B.C.] = Ln(T) = 0.768 * Ln(X) + 3.644 p:N042036000fcompyGm_0503.xls / t4ble2lrip —gen 5/192003 9:56 . ❑ =❑ IGmley -Hom t• and Associates, Inc. May 21, 2003 Mr. Talal Benothman, AICP Principal Planner Growth Management Department CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, Florida 33410 urban �^ desi n stuplo U rban Design Urban Planning Land Planning Landscape Architecture RE: PARCEL 31.04 MXD "SMALL SCALE" COMPREHENSIVE LAND USE PLAN AMENDMENT OUR REF: # 96- 052.20 Dear Talal: Please accept the enclosed as our application for a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment on behalf of Gardens 95 Limited Partnership. We are requesting to re- designate approximately 6.416 acres of land within Parcel 31.04 MXD from the existing Future Land Use Plan designation of Mixed Use (MXD) to Residential High (RH). Please note that, concurrently, the owner (Gardens 207, L.L.C.) of the adjacent Parcel 31 B has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to re- designate approximately 3.424 acres of land from the existing Future Land Use Plan designation of Residential High (RH) to Mixed Use (MXD). As a result of these two requested amendments, the Mixed Use and Residential High portions of this property northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31.04 and Parcel 31B. The requested change for this 6.416 acre from a MXD to a RH Future Land Use Plan designation will result in a net decrease in 1,569 daily traffic trips, as indicated in the attached traffic analysis prepared by Kimley -Horn and Associates. Combined with the requested FLU e ' t for 3.424 acres in Parcel 31 B, there will be an overall reduction of 522 trips. The materials being submitted today consist of the following: ,,.r CITY OF p8a 477 1 Avenu 1) Filing fee check totaling $3,000.00. ($1,500 Comprehensive uite' Lofts ie ity Place es3 � F 1 5 11 fax Plan Land Use Map amendment application fee + $1,500 engineering escrow deposit) 2) Three (3) copies of a Development Application form and responses to the Application for the Future Land Use Plan Application, including the necessary attachments. We trust that this meets the requirements of the City of Palm Beach Gardens. Should you have any questions or require anything else, please do not hesitate to contact me. Sincerely, Urban Design Henry 4okowski, AICP Principal Attachments c: Martin Pechter i PARCEL 31.04 M D FUTURE LAND USE PLAN AMENDMENT Please note that our responses to each item of the checklist are bolded. For your convenience, the following is a listing of the other consultants who have been retained for the preparation of this application: Henry Skokowski, AICP Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, Florida 33409 Joe Pollock Kimley -Horn and Associates 4431 Embarcadero Drive West Palm Beach, FL 33407 (561) 845 -0665 Joel Wantman The Wantman Group 901 Northpoint Parkway Suite 204 West Palm Beach, FL 33407 The following are our responses to the items on the application checklists: APPLICATION FEES: 1. Base Sum of $1,500 for "Small Scale" Comprehensive Plan Land Use Map Amendment. 2. Engineering escrow deposit $1,500.00. Total Fees (attached) $3,000.00 GAJobs\Parcel 31. 04( NM)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 1 FUTURE LAND USE PLAN MAP AMENDMENT MAPS 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attached 2. An 8 1/2" X 11 " map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. Attached 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. Attached REPORTS 1. Size of the site in acres or fractions thereof. Site Area = approximately 6.416 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North: Parcel 31B (vacant) • South: Parcel 31B (vacant) • East: Parcel 31B (vacant) • West: Parcel 31.04 MXD (vacant) 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site: G:JobsTared 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 2 The existing Future Land Use Plan designation for the 6.416 acre site is Mixed Use. The Forbearance Agreement, in which this property is included, limits the site to three (3) dwelling units per acre and a 0.25 Floor Area Ratio. Assuming a land allocation of 15% Open Space, 30% Neighborhood Commercial, 30% Employment Center and 25% Residential High, the maximum allowable development would be: 6.416 acre site x 30% Neighborhood Commercial land x 0.25 FAR = 20,961 s.f. of Neighborhood Commercial Space 6.416 acre site x 30% Employment Center land x 0.25 FAR = 20,961 s.f. of Employment Center Space 6.416 acre site x 25% Residential High x 3 du/ac Forbearance Agreement limit = 4 dwelling units b) The maximum allowable development under the proposed designation for the site: The proposed Land Use Plan designation for the 6.416 acre site is Residential High. With a Planned Community District (PCD) or Planned Unit Development (PUD) zoning, 12 dwelling units per acre is permitted. However, the Forbearance Agreement, in which this property is a participant, limits the site to 3 dwelling units per acre. Therefore, the maximum allowable development on approximately 6.416 acres is 19 dwelling units. C) A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop the overall 50.58 -acre Parcel 31.04 as an integrated mixed use project. The submitted concurrency certification application indicates a development program with the first phase to include 225 townhomes,10,000 square feet of office, a 3,500 square foot convenience store with 16 gas pumps, and a 4,000 square foot bank and a 15,000 s.f. restaurant. In a second phase of development, 60,000 square feet of retail space is requested. The subject of this Small Scale Future Land Use Plan Amendment is a portion of Parcel 31.04. Please note that, concurrently, the owner (Gardens 207, L.L.C.) of the adjacent Parcel 31B has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to designate approximately 3.424 acres of land from the existing Future Land Use Plan designation of Residential High (W to Mixed Use (M XD). As a result of these two requested amendments, the Mixed Use and Residential High portions of the area northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31B. To G:Vobs\Parcel 31. 04( MXD)\ CompPlanAmend\CompPlanAmend.wpd LCC 35 Page 3 the north, east and south of the subject site is a tract of land known as Parcel 31B, which has a zoning designation of PDA and Future Land Use Plan designations of Residential High (RI) and Residential Medium (RM). To the south is the remaining portion of Parcel 31.04, which has a PDA zoning designation and a M W Future Land Use Plan designation. The requested Residential High Future Land Use Plan designation is an appropriate and compatible use to the surrounding Residential High uses. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. The 6.416 acres of the overall Parcel 31.04 requested to be redesignated from Mixed Use to Residential High is bounded by property designated as Residential High to the north, east and south. A Residential High designation for the subject parcel is consistent and an appropriate use to the adjacent RH designated lands. Please note that, concurrently, the owner of the adjacent Parcel 31B has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to designate approximately 3.424 acres of land from the existing Future Land Use Plan designation of Residential High (RID to Mixed Use (11D). As a result of these two requested amendments, the Mixed Use and Residential High portions of this area northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31B and the efficient use of land. 5. A description of the ability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Kimley -Horn and Associates. A copy of this analysis is attached. Sanitary Sewer: Sanitary sewer services are available by the Seacoast Utility Authority. A copy of a letter requesting a service availability letter is attached. Once the service availability letter is received, it will be forwarded to the City. G:Vobs\Parcel 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 4 The City's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) 2000 - 4.03 (City peak daily flow - mgd) 8.16 (Utility average daily flow - mgd) 2005 - 5.5 (City peak daily flow - mgd) 9.98 (Utility average daily flow - mgd) 2010 - 7.04 (City peak daily flow -mgd) 11.85 (Utility average daily flow -mgd) F.xe'shngLand IlseDesignalion - fLlixed Ilse �C1- 6.�16acres 1,042.29 gallons per day based on equivalent residential connection for the maximum 20,961 square feet of Neighborhood Commercial space, 20,961 square feet of Employment Center space and 4 dwelling units (4 dwelling units x 2.4 persons per unit x 107 gallons per day per capita) Proposedla�rdVrreDesi,emW&n - ResideatialHrgh eZ0 6.,116acres 4,879.2 gallons per day based on the maximum of 19 dwelling units (19 dwelling units x 2.4 persons per unit x 107 gallons per day per capita) Potable Water: Potable water services will be provided by the Seacoast Utility Authority. A copy of a letter requesting a service availability letter is attached. Once the service availability letter is received, it will be forwarded to the City. The Citv's Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) 2000 = 7.71 (MGD) 2005 = 9.73 (MGD) 2010 =11.75 (MGD) "id1l //d 4UseDesignaion -ff&ed Use ( EWJ - 6116acres 1,848.69 gallons per day based on equivalent residential connection for the maximum 20,961 square feet of Neighborhood Commercial space, 20,961 square feet of Employment Center space and 4 dwelling units (4 dwelling units x 2.4 persons per unit x 191 gallons per day per capita) ProposedLand IlseD jM - 6116acres 8,709.6 gallons per day based on the maximum of 19 dwelling units (19 dwelling units x 2.4 persons per unit x 191 gallons per day per capita) Drainage: Drainage has been analyzed by The Wantman Group. A copy of this analysis is attached. G:Uobs\Parcel 31. 04( N=)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 5 The City's Comprehensive Plan provides for the following standards: Drainage LOS - Comprehensive Plan Existing Development -1- day /100 -year storm New Development greater than 10 acres - 3- day/25 -year storm New Development less than 10 acres -1 day /25 -year storm The subject site will meet the development standard of a 3- day/25 -year storm event. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site is attached. Solid Waste - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita The Ci 's Comprehensive Plan provides for the following standards: 2000 - garbage 52,520 tons per year 2005 - garbage 66,290 tons per year 2010 - garbage 80,050 tons per year AN!2sj ili I&UseA&Ed na -ff&ed Ilse MM - 6.416aeres 700.14 pounds per day for 20,961 square feet of Neighborhood Commercial uses, 20,961 square feet of Employment Center uses and four dwelling units based on the SWA estimate of 5.5 pounds per square foot per year x 41,922 square feet/365 days = 631.7 pounds per day, plus, 4 dwelling units x 2.4 persons per unit x 7.13 pounds per day per capita = 68.448 pounds per day Proposed L 6r reDesignah'on - AeszdentialBrph &M - dV16 a"res 325.128 pounds per day for 19 dwelling units (19 dwelling units x 2.4 persons per unit x 7.13 pounds per day per capita) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres per 1000 residents Comprehensive Plan Projected - 2000 2000 -149.4 acres required/166.9 acres available 2005 -188.5 acres required/166.9 acres available 2010 - 227.6 acres required/166.9 acres available A!jj ii Land llse -Mi red Use �J - 6.,116aeres G:Uobs\Parcel 31. 04( MXB) \CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 6 0.035 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.4 persons per unit per 4 dwelling units. ProposedFulureLand IlseDesignalio�s - Residenh'alBrgh fiw - 6.sll6acres 0.168 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.4 persons per unit per 19 dwelling units. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: Soil information is noted on the attached Soils Map. Topo rg ehy, including flood prone areas: The topography of the site is identified on the project survey. The subject site is not in a floodprone area as identified in the Flood Zones map identified in the City's Comprehensive Plan. Natural Resources: An Environmental Assessment is attached for your review. Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(c)) of the amount of land needed to accommodate the projected population • Revised population projections (if applicable) The City's Comprehensive Plan estimates that the population of Palm Beach Gardens will reach 50,944 by the year 2005 and 61,519 by the year 2010. The Comprehensive Plan (Table 14) also estimates that 1,499 acres of land will need to be developed between 2000 and 2005 to meet the anticipated population. This requested change will address this identified need for residentially - designated lands. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. The Comprehensive Plan (Table 1 -4) estimates that 1,499 acres of land will need to be developed between 2000 and 2005 to meet the anticipated population. This requested change will address this identified need for residentially - designated lands. G:Vobs\Parcel 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 7 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. The subject property is not within a Traffic Evacuation Zone as described within the Coastal Management Element of the Comprehensive Plan. The primary shelter for this subject site will be the William T. Dwyer High School, which has a capacity for 2,000 people. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location of a map). The site does not contain any habitat for species listed by federal, state or local agencies. 12. Whether the proposed amendment affects adjacent local governments. The proposed amendment is located within the City of Palm Beach Gardens and will not affect adjacent local governments. 13. Whether the amendment is based on the annual monitoring and review of the Capital Improvement Element. The proposed amendment is not based on the annual monitoring and review of the Capital Improvements Element. 14. Capital Improvements re- analysis, if the amendment relates to the schedule of capital improvements, including: Public facility needs, as identified in he other plan elements, and relative priority of needs. Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. G:\Jobs\Pareel 31. 04( MXD) \CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 8 15. If the proposal is for commercial, industrial or mixed -use land use, a market study demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also) Not applicable. 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All the goals, objectives and policies which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment, e.g. where time certain action was required by the City. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 1.1, Objective 1.1.1. Policies 1.1.1.1 through 1.1.1.8 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The site will he designed in compliance with the City s adopted la n d de v e lop m e n t r egu la d'o n. c Goal 1.1. Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.2 require development and redevelopment permits to be issued only in areas where suitable topography and soil conditions exist to support such development. Documentation willheprovidedthrough th e r egu la t o ry p e rm i d Yng p r o c ess which dem o n str a t es th a t th e s o i I an d th e t op ograp by a re capahle ofsuppmd,vgtheproposedprojea Goal 1.1. Objective 1.1.4., Policies 1.1.4.1 through 1.1.4.5 require adequate public facilities are available to service the proposed development. Nosigncantchangesto the adoptedlevels ofservices areprojectedto occurasaresult ofthedevelopmew afthir project Nochangesto the Capilallmpro PemenisE7ementarereguiredinordertoservice this developmenX Goal 1.1, Objective 1.1.5, Policies 1.1.5.5 through 1.1.5.6 requires future growth to be directed to areas as depicted on the Future Land Use map, consistent with sound planning principals, natural limitations,. the Comprehensive Plan, and desired community character. Policy 1.1.5.6 directs the City to review, and revise, where necessary, land development regulations requiring subdivisions to be designed so that all individual lots have access to the internal street system, and lots along the periphery GA\Jobs\Parcel 31. 04( N=)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 9 are buffered from major roads and incompatible land uses. Thesuhjeclsiteislocated within the City 7identffied Urha1s ServiceBoundary. In addih`o�s, the reguesle(Futare Land Ilse Plan designation is an appropriate land use designatoa, in relation to the exS&IIgresidentiallandsto the&6,rth, south andeas4 TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 2.1. Objective 2.1.1. Policy 2.1.1.3 require the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and serving the City shall be measured based on project build out by phases and on the radius of development influence shown on Table 2F. Pleasereferlo theattachedtra, f, �Fcairalysisprepared6y8in1e�Horn andflssociates which alzalyzesthe efjectthe lrajftefrom thisproject wsllhave on theroadnelwork. HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 3.1. Objective 3.1.1. Policies 3.1.1.1.3.1.1.3 & 3.1.1.4 require the City to assist the private sector in meeting the housing needs of the anticipated populations of the City by encouraging a variety of housing types, costs and sizes. Thefulare development locatedoa the svhjeclsite willprovide addilionalhousiag which willhelocaled& close proximuyto existing andfutureide�slifiedthoroughfares andinfrastructure INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1, Objective 4.A.1.1. Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site -plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. This project will obtain the app r op ri at e app r o v ass fro m Se a c o as! Il1i li ty f1 u th o ri ly fo r s are nary s e w er at !h ep res c ri h e d timeduringthereviewprocesc fl copyofalelterrefaesowgaserviceavailahilnyleller from the Seacoast Utility 4uthoszty is attached Once the service av"lahiAov letter is receive4 it will hefor war, edto the Chy. Goal 4.1).1, Objective 4.1).1.1. Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.1).1.1.1 through 4.1).1.1.5." 4pproval of the plan amendmeat for this project awd s u h s e g u en t appr o v als w i ll n o t c a u s e a re du ctio � i i n th e sp e c jYe d le v els of s e r v i c e s tats da rd A copy of a l ester re g v es h'ng a s e r vi c e a v a i la h i li ty left e r fr o m th e Se a c o ast Ilh 1i ly - u th o n ly G:Vobs\Parcel 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 10 isaltached Dlscetheserviceavai lahilityletterisreceived, it willheforwardedlothe City. Goal 4.D.1. Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a Certificate of Occupancy. The applicant acknowledges these regulatory sign-& ffs arereguiredduring the reviewprocess and willcomply atthe approprialetime. Goal 4.D.2. Objective 4.D.2.1. Policies 4.D.2.1.1 and 4.D.2.1.2 require water conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. Thepetitioner willdemons&,ale compliance with these rerpuirements during the larrddepelopment appropolprocesc Goal 5.1. Objective 5.1.6, Policies 5.1.6.1 and 5.1.6.3 require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. Thesile willhedesignedandmainlainedin compliance W11h the City s adoptedlanddepe lopmenlregulah'one Goal 5.1. Objective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City coordinates and cooperates with the County in order to maintain the hurricane evacuation time as established in the Palm Beach County Peacetime Emergency Plan. Theproposed developmenl willhe consistent wish lhesegoals, ohjeclipes andpolicies. CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Objective 6.1.5, Policies 6.1.5.1, 6.1.5.2, 6.1.5.4 and 6.1.5.5 specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. .4n inspection oftheproperly wasperformedto determine ifihere was any endangered rare or ihreatenedspecies ofconcera Please referlo the atlacheddocumenl, ' Enviro�sme�rtalflssesssme�rt ';forfurtherinformatio Based on the existing sire conditions, development orders consistent with the Cuy s policiesfor ca) servation andprotection ofwildlife, marine life andnatural. ystemr can u lit m a t e ly he t ss u e d fo r th e p r of e cZ Goal 6.1. O iective 6.1.7 require that the City maintain any land development regulations and development policies in order to provide conservation measures on newly annexed lands. to comply with the goals, objectives and policies of the Comprehensive Plan. The proposeddevelopmen lwil lhereviewedinaccordancewiththe Ci ly s tan d de r e I op m en t regulations. Gaiobs\Parcel 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 11 Goal 6.1. Objective 6.1.9, Policies 6.1.9.1 through 6.1.9.4 requires the City, in conjunction with other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats and maximize the provision of open space for this purpose. The City, through its site plan and subdivision review process shall endeavor to connect open space and conservation/preservation areas with pedestrian/nature trailways wherever possible. Preservadazi and open space will he incorporated Aw the design in order to achieve the City s minimum open space reyuiremenls asspec edin the landdevelopmentreguladonc RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7.1. Objective 7.1.1. Policies 7.1.1.1 through 7.1.1.3 require the City to provide active and passive recreation facilities for a broad range of activities. Demand for those facilities shall be managed through level of service standards (3.5 acres of improved neighborhood and community parks for each 1,000 permanent City residents.) The proposedplan amendment will, ref, wire 0.168 anresoflandto he, vailahle or. ecreational andparkpurposec Goal 7.1, Objective 7.1.2, Policy 7.1.2.1 allow for the collection of fees by the City in order to meet the recreational program needs. Oheredemandisdirect lya* hutahleto Iheproject, thepetitioner willparticipatein theimpacifeeprogramforparkfacilih 'es or use exish'ng INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 8.1, Objective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach County in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all applications for rezoning land which is contiguous with the County. Thesrrhjeclprvperyisnotcontiguousto unincorpvratedPalmBeach County. CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 9.1, Objective 9.1.1, Policies 9.1.1.1 through 9.1.1.4 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development. The proposed development is located within the brhan Service Boundary and represents o logical extension offacilrties andservicec Goal 9.1. Objective 9.1.2, Policies 9.1.2.1 througb 9.1.2.3 specify future development shall bear a proportionate cost of facility improvements necessitated by the G Alobs\Parcel 31. 04(MEXD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 12 development in order to maintain adopted LOS standards. The pedd'oner will particip ate in the impactfeecollecd `onsystem adoptedhythe Cilyin ordertoassismhe City in maintaining the adoptedLOSstandards Goal 9.1. Objective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's Level of Service (LOS) Standards and how those standards will be applied. Thirprojeclshall comply with the City s adeguatepuhlicfach11,Wer ordinance to ensure that al the time a development order orpermit is issue4 sufjfcienlfacilily capacity is available or will be availahleconcurrentwiththeimpoclsofthedepelopmen.t Theproposedplanamendmenl willnol ewcerhale any existing condition ofpruhlicfacililycapactty deficits, orgenerale puhlicfa chitydemandsthalmayheaccommodatedhyasplannedin 1heSYearSchedule oflmpropements Thereguestisconsistent with existin glandusessurroundingthesite- PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10.1. Objective 10.1. Policy 10.1.11 state that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. Thedevelopmenishallpayitsfair sh are imp. cifeeforpo liceandfi reproft Wall asspeciedin the City5 anddevelopmenl regulations 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. 18. Copies of prior development approvals, including development order conditions. There is no prior development approvals for this site. 19. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. G:Uobs\Parcel 31. 04( MXD)\ CompPlanAmend \CompPlanAmend.wpd 1.CC 35 Page 13 MISCELLANEOUS b) Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one -tenth (1 /10th) of an acre. Two copies of certified legal surveys are attached. 2. A statement of the applicant's interest in the property to have a land use amendment, including a copy of the last recorded Warranty Deed: c) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity and that he /she in fact an officer of the corporation or other business entity. Attached is an agent's authorization form from Gardens 95 Limited Partnership. Also attached is a copy of the latest Warranty Deed. 3. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all Property Owner's within 500 feet of the subject parcel, and a notarized affidavit are attached. 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the Public Hearing 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please find a copy of an updated Certificate of Title. 6. Place a 3'X 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR AN ANNEXATION AND LAND USE PLAN AMENDMENT - CITY OF PALM BEACH GARDENS." This sign is to be removed from G:Vobs\Parcel 31. 04( M)M)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 14 the site within ten (10) days after final action of the City Council. Such a sign shall be placed on the site prior to a Public Hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. G:UobsTarcel 31. 04( M)CD)\ CompPlanAmend \CompPlanAmend.wpd LCC 35 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 13, 2003 ORDINANCE 37, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SMALL SCALE LAND USE MAP AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTY CONSISTING OF APPROXIMATELY 6.416 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CENTRAL BOULEVARD AND HOOD ROAD, COMMONLY REFERRED TO AS "A PORTION OF PARCEL 31.049y, TO CHANGE THE LAND USE DESIGNATION FROM MIXED USE (MXD) LAND USE DESIGNATION TO RESIDENTIAL HIGH (RH) LAND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (CP- 03 -07) from Hank Skokowski of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, for a small scale land use map amendment to change the current land use designation of a 6.41 -acre parcel, located at the southeast corner of Central Boulevard and Donald Ross Road, from Mixed Use (MXD) to Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on September 23, 2003, the Planning and Zoning Commission, sitting as the duly constituted Local Planning Agency for the City, recommended approval of the Future Land Use Map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the Future Land Use Map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this Future Land Use Map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: October 13, 2003 Ordinance 37, 2003 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of 4 Palm Beach Gardens is hereby amended to change the future land use designation for the 5 following described 6.41 -acre property, generally located at the southeast corner of 6 Central Boulevard and Donald Ross Road, from Mixed Use (MXD) land use designation 7 to Residential High (RH) land use designation: 8 9 LEGAL DESCRIPTION: 10 11 A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 12 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 13 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 14 DESCRIBED AS FOLLOWS: 15 16 COMMENCING AT THE INTERSECTION OF THE NORTHEAST RIGHT -OF -WAY OF 17 INTERSTATE 1 -95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 18 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE 19 SOUTHEAST RIGHT -OF -WAY OF CENTRAL BOULEVARD AS SHOWN ON ROAD 20 PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, 21 PAGE 945 AND OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE SAID PUBLIC 22 RECORDS, SAID POINT LYING ON A CURVE CONCAVE TO THE NORTHEAST, 23 HAVING A RADIUS OF 24414.13 FEET, A RADIAL BEARING OF NORTH 61 046'06" 24 EAST AND A CENTRAL ANGLE OF 02 017'55 "; THENCE SOUTHEASTERLY ALONG 25 THE ARC OF SAID CURVE AND THE EASTERLY RIGHT -OF -WAY LINE OF SAID 26 INTERSTATE 1 -95, A DISTANCE OF 979.82 FEET; THENCE CONTINUE ALONG 27 SAID EASTERLY RIGHT -OF -WAY LINE SOUTH 30 031'49" EAST, A DISTANCE OF 28 599.30 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE 29 NORTHWEST, HAVING A RADIUS OF 1669.35 FEET, A RADIAL BEARING OF 30 NORTH 35 031'36" WEST AND A CENTRAL ANGLE OF 24 056'03 "; THEN DEPARTING 31 SAID EASTERLY RIGHT -OF -WAY LINE NORTHEASTERLY ALONG THE ARC OF 32 SAID CURVE, A DISTANCE OF 726.48 FEET TO THE POINT OF BEGINNING, SAID 33 POINT LYING ON A CUSP OF A CURVE CONCAVE TO THE WEST, HAVING A 34 RADIUS OF 3100.00 FEET, A RADIAL BEARING OF SOUTH 86 057'45" WEST AND A 35 CENTRAL ANGLE OF 08 °58'08 "; THENCE NORTHERLY ALONG THE ARC OF SAID 36 CURVE, A DISTANCE OF 485.26 FEET TO A POINT OF A REVERSE CURVATURE 37 OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1146.00 FEET AND 38 A CENTRAL ANGLE OF 28 021'20 "; THENCE NORTHERLY ALONG THE ARC OF 39 SAID CURVE, A DISTANCE OF 567.15 FEET; THENCE NORTH 16 020'57" EAST, A 40 DISTANCE OF 450.88 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE 41 TO THE WEST, HAVING A RADIUS OF 1669.35 FEET, A RADIAL BEARING OF 42 SOUTH 67 002'23" WEST AND A CENTRAL ANGLE OF 52 02958 "; THENCE 43 SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1529.60 FEET 44 TO THE POINT OF BEGINNING. 45 46 CONTAINING 6.416 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 13, 2003 Ordinance 37, 2003 SECTION 3. The City's Growth Management Administrator is hereby directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.3187(1)(c)2.b., Florida Statutes. SECTION 4. This amendment shall become effective thirty -one days after adoption. If this amendment is challenged within thirty days after adoption, it shall not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining the adopted small scale development amendment is in compliance. (The remainder of this page left intentionally blank) 3 Date Prepared: October 13, 2003 Ordinance 37, 2003 1 PASSED this day of , 2003, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2003, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Eric Jablin, Mayor 11 12 13 Carl Sabatello, Vice Mayor 14 15 16 David Clark, Councilmember 17 18 19 Joseph Russo, Councilmember 20 21 22 Annie Marie Delgado, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, City Clerk 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 Christine P. Tatum, City Attorney 37 38 39 40 41 42 43 44 45 46 47 48 \pbgsfile\Attorney \attorney share \ORDINANCES \Ord 37 2003 - small scale land use map amd - parcel 31.04.doc 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 4, 2003 Date Prepared: November 17, 2003 Ordinance 38, 2003 Subject /Agenda Item: Ordinance 38, 2003 - SMALL -SCALE LAND -USE AMENDMENT FOR A PORTION OF PARCEL 31B First Reading: A request by Hank Skokowski of Urban Design Studio, on behalf of Gardens 207, L.L.C., for a small -scale land -use map amendment to change the current land -use designation of a 3.42 -acre parcel from Residential High (RH) to Mixed -Use (MXD). The subject parcel, known as a portion of Parcel 31B (aka 31.03 & 31.05), is located at the southeast corner of Central Boulevard and Hood Road. (Petition CP- 03 -08) [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner Talal Benothman, Al P Costs: $ NA [ ] App. w/ conditions Project Total [ ]Denied City Attorney Manager [ ] Rec. approval Christine Tatum Natalie Wong $ NA [ ] Rec. app. w/ conds. Development Compliance Senior Planner Current FY [ ] Rec. Denial AI A [ ] Continued to: Bahareh K. Wolfs Funding Source: Advertised: Attachments: Gro I a e nt Date: [ ] Operating • Exhibit A — Land Direct r X] Other NA Transfer Detail Charles . Wu, AICP •Location Map Paper- • Letter from City's ] Not Required Traffic Consultant Approved b Budget Acct. #: • Traffic Study Affected parties: City Mana er NA • Justification Statement Ronald M. Ferr s [] Notified • Ordinance 38, 2003 [X ] Not Required [ ] None Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 2 of 8 BACKGROUND: Parcel 1 (subject site) is a portion of Parcel 31B, which is a 156.47 -acre site comprised of two separate parcels (31.03 and 31.05) that have a Residential High (RH) and Residential Medium (RM) Future Land Use Map designations. Parcel 1 (located approximately 1,500 feet northeast of the intersection of Central Boulevard and Interstate 95) is the subject of the comprehensive plan future land use map amendment to convert the land -use designation of the site from Residential High (RH) to Mixed -Use (MXD). The subject parcel is intended to be combined with the adjacent 50 -acre parcel (Parcel 31.04), which currently has a Mixed -Use Future Land - Use designation. Parcel 1 is bounded by a proposed future right -of -way and the remainder of parcel 31B to the north and east, Parcel 31.04 (Mixed -Use) to the south, Central Boulevard and vacant property to the west. The site is subject to the Forbearance Agreement entered into between the City and major landowners who purchased land from the MacArthur Foundation during the divestiture. The Forbearance Agreement limited the site to 3 dwelling units per acre and a 0.25 Floor Area Ratio. LAND TRANSFER WITH PARCEL 31.04 Concurrently, the owner of the adjacent Parcel 31.04 MXD site, Gardens 95 Limited Partnership, has also requested a small scale Comprehensive Plan Future Land -Use amendment to designate approximately 6.416 acres of land from the existing Future Land -Use designation of Mixed -Use (MXD) to Residential High (RH). It is the intent of the applicant to do a land transfer of the parcels if the small -scale amendments are successful. Gardens 207, L.L.C., owners of Parcel 3 1 B will transfer two separate parcels (Parcel 1 and Parcel 3 as indicated on the attached description and sketch) totaling 6.414 acres to Gardens 95 Limited Partnership, owners of Parcel 31.04 in exchange for the 6.416 -acre parcel that is the subject of petition CP- 03-07. The land transfer will square off the rounded boundary between the two sites and allow for the configuration of the future public thoroughfares through Parcel 31B (see Exhibit A to staff report). LAND USE COMPATIBILITY WITH SURROUNDING AREA: The applicant intends to transfer this parcel to Gardens 95 Limited Partnership so that they can develop the parcel as part of the residential mixed -use development proposed for Parcel 31.04, which is consistent with the proposed and existing residential and residential mixed -use development in the area. To the north of the subject site is the remainder of Parcel 31B, which is currently in the process for the approval of a residential Planned Community District (PCD), which is a compatible use with the proposed residential mixed use proposed designation of the site. To the west is a vacant parcel (Parcel 31.07), which has a Mixed -Use (MXD) future land use designation. To the south are Residential High (RH) parcels and Residential Medium (RM) parcels that are currently vacant. To the east is the remainder of Parcel 31B, which has a land - use designation of Residential High (RH). Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 3 of 8 The requested Mixed -Use Future Land Use Map Designation is consistent with the adjacent residential mixed -use and high density residential parcels. The use is also complimentary to the adjacent uses and would allow for a good transition for the commercial /residential mixture to the adjacent uses. COMPATIBILITY WITH THE VISION PLAN: The City's Vision Plan serves as a land -use guide for all land -use designation changes in the City. The Vision Plan designates the subject site as Residential Medium (RM). The requested land -use change to Mixed -Use (MXD) is compatible with the Vision Plan designation because it does allow for residential uses and will allow for a transition to the required Neighborhood Commercial (CN) required in a residential mixed -use development; therefore, it is consistent with the intent and objective of the Vision Plan. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed land -use amendment is consistent with many of the Goals, Objectives, and Policies of various elements within the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment, are listed below. Future Land -Use Element Goal 1.11: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' natural and manmade resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land - uses and environmental degradation. Objective 1.1.1.: The City shall continue to maintain land development regulations to manage future growth and, development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. Policy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which as a minimum: a. Regulate the subdivision of land; b. Regulate the use of land and water consistent with this element and ensure the compatibility of adjacent land uses and provide for open space; C. Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; d. Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 4 of 8 e. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; f. Protect potable water wellfields and aquifer recharge areas; g. Regulate signage; h. Ensure safe and convenient on -site traffic flow and vehicle parking needs; i. Discourage urban sprawl through the following strategies: (1) Establishing moderate densities and varied housing opportunities in urban areas (2) Mixed -use and clustering requirements (3) Promoting urban infill development and redevelopment (4) Locational requirements (5) Establishing an urban growth boundary and distinct urban and rural service areas (6) Directing public investment to existing urban areas, and (7) Annexation and extraterritorial planning agreements. Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of the Comprehensive Plan) are available concurrent with the impacts of development. Objective 1.1.7.: The City shall maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. The proposed land -use amendment from Residential High (RH) to Mixed Use (MXD) provides for the promotion of mixed -use development within an area with existing infrastructure and services in the City of Palm Beach Gardens. The amendment combined with the land -use amendment for Parcel 31.04 provides a reduction in the intensity of the allowable development, thereby minimizing the impact of the land use on the existing environment. The expansion of the Mixed -Use land -use promotes a clustering of residential development with compatible non - residential community- serving uses, which reduces the potential urban sprawl of segregated use development. Policy 1.1.1.9.: The City shall encourage linkages which connect or gather residents and business owners of different neighborhoods and promote a sense of community. This shall be accomplished through 1) implementation of the Conceptual Linkage Plan (Map I) and Parkway System, as described further in the Conservation and Transportation Elements; 2) connection of neighborhoods, shopping, schools and parks through an expanded sidewalk/pathway system, discussed further in the Transportation Element; 3) promotion of gathering (people) places in new development projects; and 4) installation of entry features along major arterials, including signage, art and landscaping which identify Palm Beach Gardens as a city and community. The land -use amendments are proposed as a precursor to a land transfer by the property owners (Parcels 31B and 31.04), which will allow for the squaring off of property boundaries in order to better align the required thoroughfares that transect the parcels. Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 5 of 8 The applicant is proposing the amendment in order to accommodate the right -of -way between the parcels required by the City's Conceptual Thoroughfare Plan. Transportation GOAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and efficient for all persons living in and traveling through the City. Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways. Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be applicable to the urban and rural service areas. Level of service for FIHS roads will be measured utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas (Table 2B), or FDOT Generalized two -way Peak Hour Volumes for Florida's Urbanized Areas (Table 2C), or utilizing the FDOT Florida Highway System Plan Level of Service Standards and Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures contained in the Special Report 209, 3rd Edition, 1994.. Level of service for non -FIRS roads that are part of the County thoroughfare system will be measured utilizing the volumes provided in the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D), or utilizing the methodologies provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E) or utilizing the FDOT Manual and 1994 HCM procedures. Although the intensity of the proposed land -use is more intense, the proposed amendment allows for the occurrence of internal capture and pass -by capture through the promotion of mixed -use development. If the proposed amendment is approved concurrently with the proposed amendment for parcel 31.04 then the proposed amendments promote an overall reduction in net new daily trips estimated by using the most intense use of the parcel as provided in the City's Land Development Regulations. The reduction in trips minimizes the impact of these parcels on the adopted level of service standards of the affected roadways. Conservation GOAL 6.1.: The natural resource of the City of Palm Beach Gardens shall be preserved or managed in a manner which maximizes their protection, functions, and values. Objective 6.1.5.: The City shall continue to maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.5.1.: The City's land development regulations will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b. Habitat of critical value to regional populations of endangered and threatened species is preserved; Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 6 of 8 C. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; and d. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. e Environmental Assessments are provided for any land development /alteration proposal or properties containing environmentally sensitive lands. The land -use amendment provides for a less intensive impact from permitted development. The .residential use and community- serving non - residential uses are more compatible with the establishment of required preservation and environmentally sensitive areas on -site. A residential mixed -use community would be a more compatible use providing for the daily commercial needs of residents without the requirements of high intensity commercial centers, which would generate more traffic, provide less open space, and diminish water and air quality. HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and/or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE: The site is currently heavily wooded with predominantly native upland plant species. Very little exotic and nuisance plant species have invaded the ecosystem of the site. The applicant will be required to set aside 25% of the viable upland on the site during the development approval process.. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential allowed under the existing land -use designation of Residential High (RH) is twelve (12) dwelling units per acre; however, the Forbearance Agreement limits this property to three (3) dwelling units per acre, which allows a maximum of ten (10) dwelling units on the site. The potential impacts of development under the existing land -use designation are as follows: POTENTIAL IMPACTS UNDER EXISTING LAND -USE OF RESIDENTIAL HIGH Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 10 du 3 dui 100 Daily N/A Adequate Adequate Adequate trips ca acit ca aci capacity Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 7 of 8 MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential that is allowed under the proposed land -use designation of Mixed -Use is outlined in the table below. The analysis is based on the total acreage of the site, which is 3.424 acres, various percentage maximums for land allocation and lot coverage (found in Policy 1.1.1.3. of the City's Comprehensive Plan), and the intensity limitation to .25 FAR/3 DU /Acre in the Forbearance Agreement. The potential impacts of development under the proposed land -use designation are as follows: POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF MIXED -USE RESIDENTIAL MXD Max. Max. External Recreation/ Sanitary Potable Solid Development Density/Intensity Trip Parks Sewer Water Waste Potential 11,186 sq. ft. of 30% Land allocation 1,665 Daily N/A Adequate Adequate Adequate commercial .25 FAR trips capacity capacity capacity use 11,186 sq. ft. of 30% Land allocation 244 Daily N/A Adequate Adequate Adequate professional .25 FAR trips capacity capacity capacity office use 2 units of 25% Land allocation 20 Daily trips N/A Adequate Adequate Adequate residential 3 dwelling units per capacity capacity capacity high use acre TOTAL = -- 1,147 Daily -- -- -- -- 22,372 square trips feet and 2 du The trip generation analysis reflects that there will be a net INCREASE of 1,047 external trips. Although the analysis does indicate an increase in average daily trips, the land -use amendment is being done concurrently with CP- 03 -07, which is proposing a land -use amendment for a 6.42 -acre parcel from Mixed -Use (MXD) to Residential High (RH). Cumulatively, these amendments provide for a net DECREASE of 522 trips. LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections to date. Date Prepared: November 17, 2003 Meeting Date: December 4, 2003 Ordinance 38, 2003 Page 8 of 8 STAFF COMMENTS: The proposed land -use map designation of Mixed -Use is compatible with the surrounding land - uses of adjacent properties and with the City's Vision Plan. The property is also suitable for the proposed land -use change. The traffic analysis submitted by the applicant does not reflect significant impacts that would result in lowering the adopted LOS of any affected roadway segment. LOCAL PLANNING AGENCY: On September 23, 2003, the Planning & Zoning Commission, sitting as the Local Planning Agency, recommended approval of the proposed amendment with a vote of 7 -0. CITY COUNCIL On November 6, 2003, the City Council held first reading on Ordinance 38, 2003. Subsequently, staff has amended the ordinance title to account for a typographical error regarding the location of the parcel, so it is necessary to repeat first reading of the ordinance. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 38, 2003. 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Rosemary Avenue Suite 225 — The Lofts at City Place West Palm Beach, Florida 33401 Re: Parcel 31B, Small -Scale future land use amendment, traffic analysis Palm Beach County, Florida 042116000 Dear Mr. Minor: As authorized, Kimley -Horn and Associates, Inc. has undertaken a comprehensive plan amendment traffic impact analysis for the above - referenced project. The property is located south of Hood Road and west of Military Trail along the east side of Interstate 95 (I -95) in Palm Beach County, Florida. The property is currently designated as RH -3, which allows for 3 dwelling units per acre under the Forbearance Agreement. An amendment to the Future Land use element for Palm Beach County is being sought that will allow 3.424 acres of this parcel to be designated MXD, which allows for a development mix of 30% retail, 30% office, 25% residential, and 15% open space. The traffic impact analysis was performed to determine the net trip change associated with the proposed change in land use designation. Project Description The attached Table 1 presents a summary of the proposed change in land use designation for the 3.424 acre section currently designated as RH -3 that is proposed to be changed to MXD. The maximum allowable development associated with the current and proposed land use designation is summarized in Table 1. Trip Generation The daily trip generation potential associated with each land use designation was developed based on daily trip generation rates contained in Palm Beach County's Impact Fee Ordinance. The trip generation rates and results of the change in land use designation are presented in Table 1. As can be seen there is a net increase of 1,047 daily trips that result from the change in land use designation from RH -3 tc MXD. According to the guidelines stipulated in the County's 2003 Future Landi Use Atlas Amendment Application the addition of between 1,001 and 410 results in analysis of all roadways within a 1 mile radius of developme influence. Gtr ®F PSG 2 2603 g� PNNNG ZONING p�L'ISION ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 03 ■ TEL 561 845 0665 FAX 561 863 8175 ❑ � ❑ Kimley -Horn and Associates, Inc. Distribution Mr. Marty Minor, May 19, 2003, Page 2 The external traffic distribution was determined by running a select zone analysis using the Palm Beach County FSLTTMS model to isolate project traffic. This distribution was refined based on a review of the aerials and an evaluation of travel time characteristics of the roadway network. The distributed external trips for the project were assigned to links within 1 mile of the radius of development influence. Background Traffic Background traffic was developed for three separate level of service analyses. Background traffic for the first level of service analysis was based on existing Year 2001 average daily traffic volumes. These 2001 average daily traffic volumes were grown to 2007 using historic growth data from Palm Beach County to perform the second level of service analysis. Background traffic for the third level of service analysis was taken from the most currently approved Palm Beach County 2020 MPO FSiTTMS model and adjusted to annual average daily traffic volumes using a model output conversion factor of 0.90 (per FDOT seasonal adjustment factors). A letter indicating concurrence from Palm Beach County's MPO on the model volumes used in the analysis is included as an attachment. For the interim year 2007 analysis, background traffic was calculated in a manner consistent with the procedure outlined in the City of Palm Beach Gardens Area - Wide Traffic Study and CRALLS Analysis Update. This procedure involved applying nominal growth rates to existing traffic volumes and adding the cumulative impacts of the unbuilt portions of non -major development projects. The year 2020 model volumes already include the impact from development of the study property under the current designation. Therefore, the net traffic (proposed less currently approved) (see Table 2) was applied to these model volumes to determine the new totals for year 2020. Kimley -Horn and Associates, Inc. Assured and Programmed Construction Mr. Marty Minor, May 19, 2003, Page 3 The existing number of lanes on each link in the study area was identified. A review of the Palm Beach County Five -Year Plan, as well as those improvements committed by the Florida Department of Transportation and other area developers, was made to identify pertinent roadway improvements. The following improvements were identified: ■ Hood Road from Military Trail to Alternate AlA —To be widened from 2 to 4 lanes by area developers in Fiscal Year 2003/2004. No other roadway improvements are planned within the study area within the next five years. Level of Service Analysis Evaluation The roadway links were only considered to be significantly impacted if the project contributes a traffic volume of 3% or greater of the roadway's Level of Service "D" capacity. The significant impact determination was based on the difference in trips comparing the net proposed to the current land use designation. YEAR 2001 A link level of service analysis was undertaken for links within the project's radius of influence. Table 2 shows the results of the level of service analysis based on the total proposed .project traffic added to Palm Beach County Year 2001 AADT traffic volumes. None of these roadway links were found to be significantly impacted based on the net increase in site traffic. YEAR 2007 Table 3 shows the results of the level of service analysis based on the total proposed site traffic added to year 2007 background traffic (developed from the Palm Beach County 2001 AADT traffic volumes). None of these roadway links were found to be significantly impacted based on the net increase in site traffic. YEAR 2020 Table 4 shows the results of the level of service analysis based on the net increase in the site traffic (net proposed less current) added to Year 2020 MPO FSLPTMS model background. None of these roadway links were found to be significantly impacted based on the net increase in site traffic. k ❑ � ❑ Kimley -Horn and Associates, Inc. Conclusion Mr. Marty Minor, May 19, 2003, Page 4 This traffic impact analysis demonstrates that the proposed change in land use designation for Parcel 31B will not trigger failures of the level of service standard on any of the roadways . within the project's radius of influence during any of the time periods analyzed considering the respective roadway networks to be in place for those time periods. It is therefore recommended that the proposed change in land use designation be approved. If you or the City should have any questions, please do not hesitate to call. Sincerely, -HORN AND ASSOCIATES, INC. iri Rf..ssett� P.E. atlspr�_ ti Engineer NumbJ, 56846 Engin?errg Basiness Nbrnber 696 LRCB /grb Attachments PNO421 \16000\051903mm.doc TABLE 1 PARCEL 31B COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION Land Use Intensity Daily Trips Current Land Use Designation (3.424 acres) 10 d.u. 100 Residential 100 Net New External 100 Future Land Use Designation (3.424 acres) Residential 2 d.u. 20 Retail 11,186 S.F. 1,665 Office 11,186 S.F. 244 1,929 Internal Capture Residential 10.00% 2 Retail 0.84% 14 Office 5.74% 14 30 Pass -By Capture Residential Retail 44.85% 740 Office 5.00% 12 752 Net New External 1,147 Net Trip Change 1,047 Note: Trip generation was calculated using the following data: Daily Traffic Generation Residential [P.B.C.] = T = 10 trips per dwelling unit Retail [P.B.C.] = Ln(T) = 0.643 * Ln(X) + 5.865 General Office [P.B.C.] = Ln(T) = 0.768 * Ln(X) + 3.644 p. 0421V 6000Vcomp _plan31 brev_0503.xlsltable2_trip _gen 5/19/200311:19 ti C d U tl n 0 0 U O tl tl v 5 tl 5 of r n U N � F u r. .+ A ��S zzz zz zz � M PC y O N r- m 00 O, M_ A m N v1 00 t- Cl N M W q W VJ 8° 0 h N O b N M b Z a 4 F o 0 0 0 0 0 0 Ca as go�.yy FFP�rr WN z s° O S C) 0 oco IgInn• 00 °O E, W U zp 00 O F rn 0+ - 00 00 Cl Z W C M b� O oo0^ N 00 %n W U o Qw N goo V] O CL a, h h T ON O U .�-i ti .�-i M M 0 0 N N N r.1 .7 p Q � O Q O v� x 'O � b O a O a Q N N wo]E•",dP4 0�a o o 0 O b b�U LA'S.' a a x U ti C d U tl n 0 0 U O tl tl v 5 tl 5 of r n U t d 4 N ? K � o 3 0 a E b v b U° Z z� Ul A �h S zzz z- z- z °z M p `► N W ... .M. V M N M O ,�1uCr Pl .p.. N N T imp y� U� ono vi rah �r a�� C Ei a It sV ��s c3N aoao 1-1 tJ tV N A zo F is w x✓, e a a° -V vfAF P4 ova .e o t d 4 N ? K � o 3 0 a E b v b U° Z z� c• N Ci O chi O O O h 41 � A h U w ° zzz zz zz q M M y y O ke) 00 0 kn N N CD r M A a E a V o 'O 0 v] a�i O\-D v M obi •� N N ts a ° z� pr a O o 0 0 C) 0 v N o°= W A N C'i M d M Hxw O A •" V C�� �� C C N �O� O a r �v� �v � v �o a ao Qa.� Q AAA AA AA N w b t2 H a z V o N O U '1 H Q G4 Mi o ^' ^¢ Q h O F+ �+ O x a O N x °; Gi o y M U t3 4i 03 O O Q. a0i > U F" o o b C's v w �o b w b a U A x A x .. 0. N U May 16, 2003 Mr. Talal Benothman, AICP Principal Planner Growth Management Department CITY OF PALM BEACH GARDENS 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Urban Design Urban Planning Land Planning Landscape Architecture RE: PARCEL 31B "SMALL SCALE" COMPREHENSIVE LAND USE PLAN AMENDMENT OUR REF: # 96- 052.20 Dear Talal: Please accept the enclosed as our application for a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment on behalf of Gardens 207, L.L.C.. We are requesting to re- designate approximately 3.424 acres of land within Parcel 3 1 B from the existing Future Land Use Plan designation of Residential High (RH) to Mixed Use (MXD). Please note that, concurrently, the owner (Gardens 95 Limited Partnership) of the adjacent Parcel 31.04 MXD has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to re- designate approximately 6.416 acres of land from the existing Future Land Use Plan designation of Mixed Use (MXD) to Residential High (RH). As a result of these two requested amendments, the Mixed Use and Residential High portions of this properly northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31 B. The requested change for these 3.424 acres from an RH to an MXD Future Land Use Plan designation will result in a net increase of 1,047 daily traffic trips, as indicated in the attached traffic analysis prepared by Kimley -Horn and Associates. The traffic impact analysis ind' that this requested amendment does not trigger any level of service failures. It sho that combined with the requested FLUP amendment for 6.416 acres in Parcel 31 ere vll be an overall reduction of 522 trips. CITY OF 1 PBG be The materials being ubmitted today onsist of the following: A, I -3 J ", 2 g y g' fsa PI A ti 11,11 1 ?h# & zLb6ftf!. 1), Filing fee check totaling $3,000.00. ($1,500 Comprehensive S to se et West Pa . 561.366.110; C P Q 3 —(0 8 LCC35 111 fax Plan Land Use Map amendment application fee + $1,500 engineering escrow deposit) 2) Three (3) copies of a Development Application form and responses to the Application for the Future Land Use Plan Application, including the necessary attachments. We trust that this meets the requirements of the City of Palm Beach Gardens. Should you have any questions or require anything else, please do not hesitate to contact me. Sincerely, Urban Design Studio Henry Skokowski, AICP Principal Attachments c: Mike Nevel Marilou Gonzalez PARCEL 31B FUTURE LAND USE PLAN AMENDMENT Please note that our responses to each item of the checklist are bolded. For your convenience, the following is a listing of the other consultants who have been retained for the preparation of this application: Henry Skokowski, AICP Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, Florida 33409 Joe Pollock Kimley -Horn and Associates 4431 Embarcadero Drive West Palm Beach, FL 33407 (561) 845 -0665 Jeff Schnars Schnars Engineering Corporation 951 Broken Sound Parkway, Suite 108 Boca Raton, FL 33487 (561) 241 -6455 The following are our responses to the items on the application checklists: APPLICATION FEES: 1. Base Sum of $1,500 for "Small Scale" Comprehensive Plan Land Use Map Amendment. 2. Engineering escrow deposit $1,500.00. Total Fees (attached) $3,000.00 G:Uobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd 1.CC 35 Page 1 FUTURE LAND USE PLAN MAP AMENDMENT MAPS 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attached 2. An 8 1/2" X 1 V map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. Attached 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. Attached REPORTS Size of the site in acres or fractions thereof. Site Area = approximately 3.424 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North: Future Public Right -of -Way and Parcel 31B (vacant) • South: Parcel 31.04 MXD (vacant) • East: Parcel 31B (vacant) • West: Central Boulevard and Vacant Lands 3. A narrative which summarizes:. a) The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 3.424 acre site is G:Vobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 2 f j Residential High. With a Planned Community District (PCD) or Planned Unit Development (PUD) zoning, 12 dwelling units per acre is permitted. However, the Forbearance Agreement, in which this property is a participant, limits this site to 3 dwelling units per acre and a 0.25 Floor Area Ratio. Therefore, the maximum allowable development under PCD or PUD zoning on approximately 3.424 acres is 10 dwelling units. b) ' The maximum allowable development under the proposed designation for the site: The proposed Land Use Plan designation for the 3.424 acre site is Mixed Use. The Forbearance Agreement, in which this property is a participant,. limits the site to 3 dwelling units per acre and a 0.25 Floor Area Ratio. Assuming a land allocation of 15% Open Space, 30% Neighborhood Commercial, 30% Employment Center and 25% Residential High, the maximum allowable development would be: • 3.424 acre site x 30% Neighborhood Commercial land x.25 FAR = 11,186 s.f. of Neighborhood Commercial Space • 3.424 acre site x 30% Employment Center land x.25 FAR = 11,186 s.f. of Employment Center Space • / 3.424 acre site x 25% Residential High land x 3 du /ac Forbearance Limit = Two (2) Dwelling Units c) A description of the proposed use and information on its compatibility with the surrounding area. The applicant intends to develop the overall 156.47 -acre Parcel 31B as a residential community. The submitted concurrenty certification application for the site is for 400 single family homes and 200 multi - family homes. The subject of this Small Scale Future Land Use Plan Amendment is only a portion of the existing Parcel 31B. Please note that, concurrently, the owner (Gardens 95 Limited Partnership) of the adjacent Parcel 31.04 MXD site has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to designate approximately 3.424 acres of land from the existing Future Land Use Plan designation of Mixed Use (MXD) to Residential High (RH). As a result of these two requested amendments, the Mixed Use and Residential High portions of the area northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31B. To the north and east of the subject site is the remaining portion of Parcel 31B, which has a zoning designation of PDA and Future Land Use Plan designations of Residential High (RH) and Residential Medium (RM). To the south is Parcel 31.04, which has a PDA zoning designation and a GAJobs\Parcel 31 B\ CompP lanAmendment \CompPlanAmend.wpd LCC 35 Page 3 MXD Future Land Use Plan designation. To the west of the subject site is Central Boulevard and vacant lands, which have a PDA zoning designation and a RH Future Land Use Plan designation. The requested Mixed Use Future Land Use Plan designation is an appropriate and compatible use to the adjacent Mixed Use - designated lands and its location at the future intersection of three public roadways. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. The 3.424 acres of the overall Parcel 31B requested to be redesignated from Residential High to Mixed Use is bounded by property designated as Mixed Use to the south and it is proposed to be bounded by Central Boulevard and two future City Thoroughfare roadways. A Mixed Use designation for the subject parcel is consistent and an appropriate use to the adjacent Mixed Use designated property. Please note that, concurrently, the owner of the adjacent Parcel 31.04 has also requested a "Small Scale" Comprehensive Plan Future Land Use Plan Amendment to designate approximately 6.416 acres of land from the existing Future Land Use Plan designation of Mixed Use to Residential High. As a result of these two requested amendments, the Mixed Use and Residential High portions of this area northeast of the Interstate 95 and Central Boulevard intersection will be configured in a manner that conforms to the proposed routes of the future public thoroughfares through Parcel 31B and the efficient use of land. A description of the ability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services..) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Kimley -Horn and Associates. A copy of this analysis is attached. Sanitary Sewer: Sanitary sewer services are available by the Seacoast Utility Authority. A copy of a letter requesting a service availability letter is attached. Once the service availability letter is received, it will be forwarded to the City. G:Uobs \Parcel 31 B\ CompP lanAmendment \CompPlanAmend.wpd LCC 35 Page 4 The Ci 's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) 2000 - 4.03 (City.peak daily flow - mgd) 8.16 (Utility average daily flow - mgd) 2005 - 5.5 (City peak daily flow - mgd) 9.98 (Utility average daily flow - mgd) 2010 - 7.04 (City peak daily flow -mgd) 11.85 (Utility average daily flow -mgd) Existing Land Use Designation - Residential High HRH) - 3.424 acres 2,568 gallons per day based on the maximum of 10 dwelling units (10 dwelling units x 2.4 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation - Mixed Use [MXD)- 3.424 acres 521.65 gallons per day based on equivalent residential connection for the maximum of 11,186 square feet of neighborhood commercial use, 11,186 square feet of employment center use and two (2) dwelling units. (2 dwelling units x 2.4 persons per unit x 107 gallons per day per capita) Potable Water: Potable water services will be provided by the Seacoast Utility Authority: A copy of a letter requesting a service availability letter is attached. Once the service availability letter is received, it will be forwarded to the City. The Citv's Comprehensive Plan provides for the followine standards: Potable Water. - LOS (191 gallons per day per capita) 2000 = 7.71 (MGD) 2005 = 9.73 (MGD) 2010 =11.75 (MGD) Existing Land Use Designation - Residential High -3.424 acres 4,584 gallons per day based on a maximum 10 dwelling units (10 dwelling units x 2.4 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation - Mixed Use (MXD) - 3.424 acres 924.85 gallons per day based on equivalent residential connection for the maximum of 11,186 square feet of neighborhood commercial use, 11,186 square feet of employment center use and two (2) dwelling units (2 dwelling units x 2.4 persons per unit x 191gallons per day per capita) Drainage: Drainage has been analyzed by Schnars Engineering Corporation. A copy of GAlobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 5 this analysis is attached. The City's Comprehensive Plan provides for the following standards: Drainage LOS - Comprehensive Plan Existing Development 1- day /100 -year storm New Development greater than 10 acres - 3- day /25 -year storm New Development less than 10 acres -1 day /25 -year storm The subject site will meet the development standard of a 3- day /25 -year storm event. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site is attached. Solid Waste - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita The City's Comprehensive Plan provides for the following standards: 2000 - garbage 52,520 tons per year 2005 - garbage 66,290 tons per year 2010 - garbage 80,050 tons per year Existing Land Use Designation - Residential High (RH) - 3.424 acres 171.12 pounds per day for 10 dwelling units (10 dwelling units x 2.4 persons per unit x 7.13 pounds per day per capita) Proposed Land Use Designation - Mixed Use (MXD) - 3.424 acres 371.33 pounds per day for 11,186 square feet of neighborhood commercial use, 11,186 square feet of employment center use and 2 dwelling units, based on SWA estimate of 5.51bs. per square foot per year x 22,372 s.f./365 days = 337.11 pounds per day, plus, 2 dwelling units x 2.4 persons per unit x 7.13 = 34.22 pounds per day. Recreation and Open Space: The Ci 's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres per 1000 residents Comprehensive Plan Projected - 2000 2000 - 149.4 acres required /166.9 acres available 2005 -188.5 acres required /166.9 acres available 2010 - 227.6 acres required /166.9 acres available G:Vobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 6 Existing Land Use Designation - Residential High (RH) - 3.424 acres 0.08 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.4 persons per unit per 10 dwelling units. Proposed Future Land Use Designation - Mixed Use (MXD) - 3.424 acres 0.017 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.4 persons per unit per 2 dwelling units. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: Soil information is noted on the attached Soils Map. Topography, including flood prone areas: The topography of the site is identified on the project survey. The subject site is not in. a floodprone area as identified in the Flood Zones map identified in the City's Comprehensive Plan. Natural Resources: An Environmental Assessment statement is attached for your review. Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J- 5.006(2)(c)) of the amount of land needed to accommodate the projected population • Revised population projections (if applicable) The City's Comprehensive Plan estimates that the population of Palm Beach Gardens will reach 50,944 by the year 2005 and 61,519 by the year 2010. The Comprehensive Plan (Table 1 -4) also estimates that 1,499 acres of residential land will need to be developed between 2000 and 2005 to meet the anticipated population. The Plan also estimates that 178 acres of additional commercial land will be needed to accommodate the anticipated population in 2005 . This requested change will help address these identified needs. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. G:Uobs\Parcel 31 B\ CompP lanAmendment \CompPlanAmend.wpd LCC 35 Page 7 The Comprehensive Plan (Table 1 -4) estimates that 1,499 acres of residential and 178 acres of commercial land will need to be developed between 2000 and 2005 to meet the anticipated population. This requested change will help address this identified need. 9. Hurricane evacuation re- analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. The subject property is not within a Traffic Evacuation Zone as described within the Coastal Management Element of the Comprehensive Plan. The primary shelter for this subject site will be the William T. Dwyer High School, which has a. capacity for 2,000 people. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location of a map). The site does not contain any habitat for species listed by federal, state or local agencies. 12. Whether the proposed amendment affects adjacent local governments. The proposed amendment is located within the City of Palm Beach Gardens and will not affect adjacent local governments. 13. Whether the amendment is based on the annual monitoring and review of the Capital Improvement Element. The proposed amendment is not based on the annual monitoring and review of the Capital Improvements Element. 14. Capital Improvements re- analysis, if the amendment relates to the schedule of capital improvements, including: Public facility needs, as identified in he other plan elements, and relative priority of needs. Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, GAJobs\Parcel 31 B\ CompP lanAmendment \CompPlanAmend.wpd LCC 35 Page 8 1 assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. 15. If the proposal is for commercial, industrial or mixed -use land use, a market study demonstrating the economic feasibility of the development and the locational advantage over existing non - residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also) The Market Analysis is attached for your review. 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All the goals, objectives and policies which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment, e.g. where time certain action was required by the City. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 1.1, Objective 1.1.1, Policies 1.1.1.1 through 1.1.1.8 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The site will be designed in compliance with the City's adopted land development regulations. Goal 1.1, Objective 1.1.3. Policies 1.1.3.1 through 1.1.3.2 require development and redevelopment permits to be issued only in areas where suitable topography and soil conditions exist to support such development. Documentation will be provided through the regulatorypermittingprocess which demonstrates that the soil and the topography are capable of supporting the proposed project. Goal 1.1, Objective 1.1.4., Policies 1.1.4.1 through 1.1.4.5 require adequate public facilities are available to service the proposed development. No significant changes to the adopted levels of services are projected to occur as a result.of the development of this project. No changes to the Capitallmprovements Element are required in order to service this development. Goal 1.1, Objective 1.1.5, Policies 1.1.5.5 through 1.1.5.6 requires future growth to be GAJobsTarcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 9 directed to areas as depicted on the Future Land Use map, consistent with sound planning principals, natural limitations, the Comprehensive Plan, and desired community character. Policy 1.1.5.6 directs the City to review, and revise, where necessary, land development regulations requiring subdivisions to be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. The subject site is located within the City's identified Urban Service Boundary. In addition, the requested Future Land Use Plan designation is an appropriate land use designation, in relation to the existing Mixed Use - designated lands to the south and the future location of the City Thoroughfare roadways. TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 2.1, Objective 2.1.1, Policy 2.1.1.3 require the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and serving the City shall be measured based on project build out by phases and on the radius of development influence shown on Table 2F. Please refer to the attached traffic analysis prepared by Kimley Horn and Associates which analyzes the effect the traffic from this project will have on the road network. HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 3.1, Objective 3.1.1, Policies 3.1.1.1, 3.1.1.3 & 3.1.1.4 require the City to assist the private sector in meeting the housing needs of the anticipated populations of the City by encouraging a variety of housing types, costs and sizes. The future development located on the subject site will provide additional housing which will be located in close proximity to existing major thoroughfares and infrastructure. INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1, Objective 4.A.1.1, Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site -plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. This project will obtain the appropriate approvalsfrom Seacoast UtilityA uthorityfor sanitary sewer at theprescribed time during the review process. A copy of a letter requesting a service availability letter from the Seacoast Utility Authority is attached. Once the service availability letter is received, it will be forwarded to the City. G:Uobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd 1.CC 35 Page 10 Goal 4.D.1, Objective 4.D.L1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1 through 4.D.1.1.5." Approval of the plan amendment for this project and subsequent approvals will not cause a reduction in the specified levels of service standard. A copy of a letter requesting a service availability letterfrom the Seacoast UtilityAuthority is attached. Once the service availability letter is received, it will be forwarded to the City. Goal 4.D.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a Certificate of Occupancy. The applicant acknowledges these regulatory sign -offs are required during the review process and will comply at the appropriate time. Goal 4.D.2, Objective 4.1).2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require water conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the land development approval process. Goal 5.1, Objective 5.1.6, Policies 5.1.6.1 and 5.1.6.3 require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. The site will be designed and maintained in compliance with the City's adopted land development regulations. Goal 5.1, Objective 5.1.7, Policies 5.1.7.1 and 5.1.7.2 require that the City coordinates and cooperates with the County in order to maintain the hurricane evacuation time as established in the Palm Beach County Peacetime Emergency Plan. The proposed development will be consistent with these goals, objectives and policies. CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Objective 6.1.5, Policies 6.1.5.1, 6.1.5.2, 6.1.5.4 and 6.1.5.5 specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. An inspection of the property was performed to determine if there was any endangered, rare or threatened species of concern. Please refer to the attached document, "EnvironmentalAssesssment ", forfurther information. Based on the existing site conditions, development orders consistent with the City's policies for conservation and protection of wildlife, marine life and natural systems can ultimately be issued for the project. G: Vobs\Parce131 B\ CompP lanAmendment \CompPlanAmend.wpd LCC 35 Page 11 Goal 6.1, Objective 6.1.7 require that the City maintain any land development regulations and development policies in order to provide conservation measures on newly annexed lands to comply with the goals, objectives and policies of the Comprehensive Plan. The proposed development will be reviewed in accordance with the City's land development regulations. Goal 6.1, Objective 6.1.9, Policies 6.1.9.1 through 6.1.9.4 requires the City, in conjunction with other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats and maximize the provision of open space for this purpose. The City, through its site plan and subdivision review process shall endeavor to connect open space and conservation/preservation areas with pedestrian /nature trailways wherever possible. Preservation and open space will be incorporated into the design in order to achieve the City's minimum open space requirements as specified in the.land development regulations. RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7.1, Objective 7.1.1, Policies 7.1.1.1 through 7.1.1.3 require the City to provide active and passive recreation facilities for a broad range of activities. Demand for those facilities shall be managed through level of service standards (3.7 acres of improved neighborhood and community parks for each 1,000 permanent City residents.) The proposed plan amendment will require 0.017 acres of land to be available for recreational and park purposes. Goal 7.1, Objective 7.1.2, Policy 7:1.2.1 allow for the collection of fees by the City in order to meet the recreational program needs. Where demand is directly attributable to the project, the petitioner will participate in the impact fee program for park facilities or use existing INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 8.1, Objective 8.1.1, Policy 8.1.1.2 requires that the City notify Palm Beach County in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all applications for rezoning land which is contiguous with the County. The subject property is not contiguous to unincorporated Palm Beach County. CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 9.1, Objective 9.1.1, Policies 9.1.1.1 through 9.1.1.4 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of G: Vobs\Parce131 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 12 existing facilities and promote orderly, compact development. The proposed development is located within the Urban Service Boundary and represents a logical extension of facilities and services. Goal 9.1, Objective 9.1.2, Policies 9.1.2.1 through 9.1.2.3 specify future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. The petitioner will participate in the impactfee.collection system adopted by the City in order to assist the City in maintaining the adopted LOS standards. Goal 9.1, Objective 9.1.4, Policies 9.1.4.1 through 9.1.4.7 define the City's Level of Service (LOS) Standards and how those standards will be applied. This project shall comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. The proposed plan amendment will not exacerbate any existing condition of public facility capacity deficits, or generate public facility demands that may be accommodated by as planned in the S Year Schedule of Improvements. The request is consistent with existing land uses surrounding the site. PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10.1, Objective 10.1, Policy 10.1.11 state that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. The development shall pay itsfair share impact fee for police and fire protection as specified in the City's land development regulations. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. 18. Copies of prior development approvals, including development order conditions. There is no prior development approvals for this site. 19. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. G:Uobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 13 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J- 5.021(4), F.A.C. Not applicable. MISCELLANEOUS b) Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subj ect property, computed in square footage and to the nearest one -tenth (1 /10th) of an acre. Two copies of certified legal surveys are attached. 2. A statement of the applicant's interest in the property to have a land use amendment, including a copy of the last recorded Warranty Deed: C) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity and that he /she in fact an officer of the corporation or other business entity. Attached is an agent's authorization form from Sam B. Nevel. Inc. Also attached is a copy of the latest Warranty Deed. 3. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all Property Owner's within 500 feet of the subject parcel, and a notarized affidavit are attached. 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the Public Hearing 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. GAl obs\Parcel 31 B\ CompP ]anAmendment \CompPlanAmend.wpd LCC 35 Page 14 Attached please find a copy of an updated Certificate of Title. 6. Place a 3'X 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR AN ANNEXATION AND LAND USE PLAN AMENDMENT - CITY OF PALM BEACH GARDENS." This sign is to be removed from the site within ten (10) days after final action of the City Council. Such a sign shall be placed on the site prior to a Public Hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. G:Uobs\Parcel 31 B\ CompPlanAmendment \CompPlanAmend.wpd LCC 35 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 13, 2003 ORDINANCE 38, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SMALL SCALE LAND USE MAP AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTY CONSISTING OF APPROXIMATELY 3.42 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CENTRAL BOULEVARD AND HOOD ROAD, COMMONLY REFERRED TO AS "A PORTION OF PARCEL 31113", TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL HIGH (RH) LAND USE DESIGNATION TO MIXED USE (MXD) LAND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (CP- 03 -08) from Hank Skokowski of Urban Design Studio, on behalf of Gardens 207, L.L.C., for a small scale land use map amendment to change the current land use designation of a 3.42 -acre parcel, located at the southeast corner of Central Boulevard and Donald Ross Road, from Residential High (RH) to Mixed Use (MXD); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, on September 23, 2003, the Planning and Zoning Commission, sitting as the duly constituted Local Planning Agency for the City, recommended approval of the Future Land Use Map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the Future Land Use Map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small scale comprehensive plan amendments; and WHEREAS, the City Council acknowledges that this Future Land Use Map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: October 13, 2003 Ordinance 38, 2003 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of 4 Palm Beach Gardens is hereby amended to change the future land use designation for the 5 following described 3.42 -acre property, generally located at the southeast corner of 6 Central Boulevard and Donald Ross Road, from Residential High (RH) future land use 7 designation to Mixed Use (MXD) future land -use designation: 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 LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEAST RIGHT -OF -WAY OF INTERSTATE 1 -95, AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE SOUTHEAST RIGHT -OF -WAY OF CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40 °53'44" EAST, ALONG SAID SOUTHEAST RIGHT - OF -WAY OF CENTRAL BOULEVARD, A DISTANCE OF 1,105.83 FEET; THENCE NORTH 46 022'41" WEST, CONTINUING ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH 43 °37'28" EAST, CONTINUING ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 24.53 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1969.86 FEET AND A CENTRAL ANGLE OF 11 °50'52 "; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT -OF -WAY LINE, A DISTANCE OF 407.33 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL 1; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 048'06 ", A DISTANCE OF 130.70 FEET; THENCE DEPARTING SAID RIGHT -OF -WAY LINE SOUTH 66 038'32" EAST, A DISTANCE OF 316.95 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42 FEET AND A CENTRAL ANGLE OF 09 027'21 "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENCE SOUTH 16 020'57" WEST, A DISTANCE OF 506.91 FEET TO REFERENCE POINT `A' AND A POINT ON A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1669.35 FEET, A RADIAL BEARING OF SOUTH 67 015'28" WEST AND A CENTRAL ANGLE OF 23 042'36 "; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 690.81 FEET TO THE POINT OF BEGINNING, CONTAINING 3.42 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 13, 2003 Ordinance 38, 2003 SECTION 3. The City's Growth Management Administrator is hereby directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.3187(1)(c)2.b., Florida Statutes. SECTION 4. This amendment shall become effective thirty -one days after adoption. If this amendment is challenged within thirty days after adoption, it shall not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining the adopted small scale development amendment is in compliance. (The remainder of this page left intentionally blank) 3 Date Prepared: October 13, 2003 Ordinance 38, 2003 1 PASSED this day of , 2003, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2003, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Eric Jablin, Mayor 11 12 13 Carl Sabatello, Vice Mayor 14 15 16 David Clark, Councilmember 17 18 19 Joseph Russo, Councilmember 20 21 22 Annie Marie Delgado, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, City Clerk 30 31 APPROVED AS TO FORM AND 32 LEGAL SUFFICIENCY 33 34 35 BY: 36 Christine P. Tatum, City Attorney 37 38 39 40 41 42 43 44 45 46 \ \pbgsfile \Attorney \attorney_share \ORDINANCES \Ord 38 2003 - small scale land use map amd - parcel 31b.doc Il City of Palm Beach Gardens ' 7 ` /n ✓ Mayor Jablin Council Agenda December 4, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 ✓Vice Mayor Sabatello X Council Member Clark -,!Council Member Russo `' Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 4, 2003 7:00 P.M. ✓ I. PLEDGE OF ALLEGIANCE II. ROLL CALL P�Q III. ADDITIONS, DELETIONS, MODIFICATIONS: q -0 ,-IV. ANNOUNCEMENTS/ PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: ,/ VI. CITY MANAGER REPORT: a. As Page 6 Police Department — 3rd Quarter Report 2003 VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. , Y (Page 23) Resolution 222, 2003 — Re- appointments of Beautification . and PaS Environmental Board Members. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the re- appointment of two (2) regular members and the appointment of one (1) regular member to the Beautification and Environmental Committee of the City of Palm Beach Gardens; and providing an effective date. b. ,A- (Paf4e 31 Resolution 225, 2003 — Seacoast Easement along portion of Plant Drive Park. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a nonexclusive Easement in favor of Seacoast Utility authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. C. .,(Pale 41) Resolution 226, 2003 — Addendum 1 to agreement with Staffing Connection & Action Labor for School Crossing Guard Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute Addendum I to the agreement with Staffing Connection and Action Labor for School Crossing Guard Services; and providing an effective date. d. el�" (Pa 2e 68 Resolution 232, 2003 — Purchase of space saver shelving. A resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of space saver shelving from United Business Systems. for additional shelving for the Police evidence room; and providing an effective date. IX. PUBLIC HEARINGS: Part I — Quasi- Judicial a. X jPage 751 Resolution 212, 2003 — Downtown at the Gardens SP Amendment A Resolution of the City Council of the City of Palm Beach Gardens, Florida The J x`13approv Gardens glocated mwithin ntheo Regional Centerp DRI /PCD, Das desocribed t more particularly herein, to modify certain conditions of approval; to allow for architectural modifications; to delete previously unaccounted for 11,000 square feet; to reduce the number of theater seats from 3,220 To 3,130; to increase the regional retail square footage by 1,473 square feet; and to make minor site plan modifications; providing for waivers; and providing an effective date. R,_SS,j (jb. a'C (Page 176) Resolution 227, 2003 — Evergrene Parcel 2 Amendment A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending t e site KI /0 pan approval for Parcels 1, 2, and 7 of the Evergrene Planned Community Development (PCD), specifically amending rear setbacks for lots B 1 through B28 of Parcel 2; providing for a waiver; providing for conditions of approval; and providing an effective date. ALL c. �( (Page 198) Ordinance 36, 2003 — Evergrene PCD Amendment (2 "d reading) — An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 43, 2001 and amending two conditions of approval to the Evergrene PCD relating to the timing for construction of the clubhouse parcel; and providing an effective date. d. -(Pac 237) Resolution 223. 2003 •— BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, 4�\\ �p5 Florida srriB temporary center the of BallenIsleDveapproximat ly700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly J described herein; and providing an effective date. �( (Page 268) Resolution 213 2003 — Fairway Office Center Monument Sign c,Q Addition. A Resolution the City Council of the City of Palm Beach Gardens, Florida approving a monument sign at the airway Office Center, located within u / U the PGA National Planed Community Development (PCD) and Development of Regional Impact (DRI); providing for waivers; providing for conditions of approval; and providing an effective date. f. X (Page 279) Resolution 224, 2003 — Brio Tuscan Grille — modifications to approved site plan and elevations. A Resolution of the City Council of the City of �� 5�`�` Palm Beach Gardens, Florida amending the site plan approval or t e Brio Tuscan yk Grille Restaurant within the Gardens Mall located within the Regional Center Development of Regional Impact; providing for an additional condition of approval; and providing an effective date. Part II — Non -Quasi Judicial a. J:(Page 306) Resolution 130, 2003 — Accepting Lake parcel and Quit Claim Deed for Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a Quit -Claim Deed from the Northern Palm Beach County Improvement District for the Lake Parcel at Downtown at the c�L l�e�$�103 Gardens; authorizing the Mayor and City Clerk to execute a Quit -Claim Deed in favor of Downtown at the Gardens, LLC for the Lake Parcel at Downtown at the Gardens; reserving rights for the public to access and use the lake parcel; authorizing the Mayor and City Clerk to execute an operating agreement with Downtown at the Gardens, LLC for use of the public area; and providing an effective date. b. X (Pane 323) Resolution 215, 2003 - Old Palm Golf Club Easement Abandonment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida abandoning a ter- foot wide Utility Easement as shown on open space tract -2, Old ?� 0 Palm Plat Two, as recorded in Plat Book 98, Pages 139 through 145, inclusive, of the public records of Palm Beach County, Florida; and providing an effective date. X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) a. (Page 332) Ordinance 37, 2003 — Small Scale Land -Use Amendment for a po_'S_<�aj port ion of Parcel 31.04 (1st reading) Legislative. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving a smaaR scale land use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.416 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31.04 ", to change the land use designation from Mixed Use (MXD) land use designation to Residential High (RH) land use designation; and providing an effective date. b. (Page 365) Ordinance 38, 2003 — Small Scale Land -Use Amendment for a _� np portion of Parcel Parcel 3 1 B (1st reading) Legislative. An Ordinance of the City SP' Council of the City of Palm Beach Gardens, Florida approving a small scale land Uj ,0 use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres, generally located at the Southeast corner of Central Boulevard and Hood Road, commonly referred to as "a portion of parcel 31B", to change the land use designation from Residential High (RH) land use designation to Mixed Use (MXD) land use designation; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. 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 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 prior to the presentation to the Council. b � J a I— U C� LL a FN- ' Z *' W aNi G O °C U � 41 a 0 E a z s N C I N 0 Q U V N V 6) a' r (D 0 1' E N O C 0 c Q c 0E 0 E U c Q 0 S E N rs 0 s �_•4- V 0 o M c rn U' o. 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A copy has been provided for all members of the Counci9. Resolution 223, 2003 Temporary Sales Center Time Extension. Gary, Dytrych & Ryan have requested a postponement until December 18, 2003. Resolution 212, 2003 Downtown at the Gardens Site Plan Amendment a request has been made to postpone until December 18, 2003. Resolution 130, 2003 Accepting Lake parcel and Quit Claim Deed for Downtown at the Gardens. A request has been made to postpone until December 18, 2003. Resolution 224, 2003 Proposed Change Proposed Language: SECTION 3: Said approval shall be subject to the following conditions which shall be binding on the applicant, its successors and/or assigns: 13. Within 45 calendar days of the effective date hereof, the applicant shall install a security gate, acceptable to the City's Fire Department, Police Department, and Growth Management Administrator, at the western entrance into the alley behind the Brio restaurant. (Police, Fire, Growth Management) Inner - Office Memorandum To: Michael J Sanchez, Senior Planner From: Officer Sheree Kandi Bro S Ref: Revised Brio Tuscan Grille (at the Mall) Amendment Date: November 29, 2003 The Police Department has a concern for the potentially unsafe environment at the service entrance and blind alley to the rear of this business, and also for the safety and security of the public and citizens of Palm Beach Gardens. We recommend: ➢ A decorative style gate to be installed (at least 6"' high) at the entrance to the rear alley of the business, this will also to assist in preventing unauthorized access to the roof of the business. ➢ Locking device to the gate with limited access. ➢ Delivery hours should be posted with appropriate signage. Dee 04 03 01:55a BRLLENISLES COMMUNITY RSC 561 625 2621 p.l BallenIsles Community Association, Inc. 205 BallenIsles Circle, Palm Beach Gardens, FL 33418 (561) 625 -5724 Fax: (561) 625 -2621 SENT VIA FACSIMILE: 561- 799 -4281 GROWTH MANAGEMENT 561 - 799 -4124 COUNCIL MEMBERS December 3, 2003 Mr. Charles Wu, Growth Management Administrator Mr. Talal M. Benothman, Principal Planner Eric lablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Council member Annie Marie Delgado, Counalmember Ron Ferris, City. Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33418 RE: RESOLUTION 223, 2003 — BALLENISLES TEMPORARY SALES CENTER TIME EXTENSION Dear Mr. Wu, Mr. Benothman, and City Council Members: The Board of Directors of BallenIsles Community Association, Inc. (BICA) opposes ay time extension beyond thirty (30) days for the BallenIsles Temporary Sales Center as noted in Resolution 223, 2003 and noted on the agenda: BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida an extension for the BallenIsles temporary sales center located on the West side of BallenIsles Drive approximately 700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly described herein; and providing an effective date. We hope that you would take our concerns into consideration when you vote on this matter. Sincerely, BALLENISLES COMMUNITY ASSOCIATION, INC. Roma Josephs, Chairperson Joel Margolies, President Robert Kaplan, Vice President Irwin Meltzer, Treasurer Jake Scott, Asst. Treasurer Mary Cottler, Secretary 11 C otleur & Hearing Landscape Architects Land Planners December 2, 2003 Environmental Consultants Talal Benothman Planning and Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, PL 33410 -4698 Re: Downtown at the Gardens Site Plan Amendment CH #001003 Dear Talal: The purpose of this letter is to confirm our telephone conversation of Monday, December 1, 2003 in connection with the Downtown at the Gardens project. On behalf of Menin Development Company, we would respectfully request that the Downtown at the Gardens Petition be postponed from the December 4, 2003 City Council Agenda to the December 18, 2003 City Council Agenda. This delay is requested in order to allow Menin Development additional time to address outstanding architectural issues and to allow additional time to develop consensus on appropriate CEPTED conditions with the Police Department, i.e. digital surveillance equipment. We thank you for all of your assistance and look forward to receiving final approval on December 18, 2003. Should you have any questions or need any additional information, please do not hesitate to contact me. cerely—v.o1urs, tl,ior earinq.Inc. Hearing, ASLA CC: James Mahrer John Glidden Craig Menin Maplewood Professional Center 1934 Commerce Lone - Suite 1 Jupiter, Florida 33456 Lic.# LC- C000239 561 - 747.6336 FAX 561.747 -1377 http://www.cotlevr-hearing.com E96 -d ZO /ZO'd lbE -1 i 10 SI�� F:Wrolod Occu.ngnrg \PGA ENTERTAINMENT 8ITE%Ur b TaInt 8ohothm20.Q0o- -V90dJ A00:90 EO- ZO-030 O a� •O � ago � 4 4-0 a� U cl PO r/� U A a� v CJ o o M o 0 0 N en N O•O O, .O •O O p0 � � � W" .� 0 O p �U � o v b o� o� a� p y � E •~ O y o •�, c V � � •� 3 C � O � a � H�P..4 � � p V � � o � � � a � � o a� 0 C � C.0 p CJ v Vj a� � w C O V o fj Q rAO V •� rn O C � O Cd O U po a� 0 e� � O o � O � A tz V O � ^O C � O 0 c 3 � O b.A � a� o a� O � C � V c � V a� � V N --A to I wan be and help Palm Beach Gardens High School host the Florida Association of Student Councils District V Convention January 24 -26, 2004. LJ I want to be a First $ase Sponsor! My $100 -$499 donation will guarantee a quarter -page ad to advertise my business in the convention guide and continuous recognition through out the convention. LII want tobea My $500 -$749 donation will guarantee a half page ad to advertise my business in the convention guide and continuous recognition through out the convention. LJ I want to be a ' .. m' r x n]", m� a 15-w My $750 -$999 donation will guarantee a three quarter -page ad to advertise my business. in the convention guide and continuous recognition through out the convention. ❑ I want to be a MY401 IE RxjW_i SpoXksor! My $1000 + donation will guarantee a FULL page ad to advertise my business in the convention guide and continuous recognition through out the convention and an invitation to attend the banquet Sunday night. LaI want to help by donating the following: Anything that you are willing to donate such as food, soda, snacks, office supplies, or items to fill the` - welcome bags will help make this year's convention unforgettable! I'IIONE IIIIIAIL: FAX PLEASE' FAX TO i(i 1. 7`475)67240117 aZoy ffo ii- President Sxz� uy soz -& i" Vice President Avis 00a& 2" d Vice President lore lr4rlt61 Treasurer j�&hO1ZO gh zz I �01 Idor Corresponding Sec. , 2i=O Rtlh&Z Recording Sec. �lO�,Vz sjt?;�ao samp1os Parliamentarian ,4dZ7; n � Br09�yz Sergeant -at -arms A4UZ$ SGA Advisor X0zI Clarlc0 FASC Dist. V Treasurer Slruidl(eCltt G(0>veirintinateintt A.'_> 3(0>dLatlrlL( int Palm Beach Gardens Higli. School 4245 Holly Drive, Palm Beach Gardens, F . 33410 Phone: (561) 775 -7235 • Fax: (561) 775.7287 Dear Gator Supporter, The are coming to Palm Beach Gardens High School! The Student Government Association of Palm Beach Gardens High School is hosting the Florida Association of Student Councils District V convention this January 24th through 26th, 2004. This year's convention will be a colossal event involving 200 student leaders from 9 area counties. It will be a weekend retreat for these leaders to learn new leadership skills and have fun through a variety of workshops, guest speakers and community service projects. To put together an event of this magnitude, a large budget is necessary, so we are asking for your support. Please see the attached request. By contributing to oux convention, you will help Palm Beach Gardens High School's SGA provide their peers with an unforgettable leadership experience. We appreciate any contribution that you can make to help us make this year's convention a successful one. Thank you for your time and concern. 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We s t E l e v a t i o n We s t E l e v a t i o n Ea s t E l e v a t i o n Ea s t E l e v a t i o n CO N S I D E R A T I O N O F A P P R O V A L CO N S I D E R A T I O N O F A P P R O V A L RE S O L U T I O N 2 2 3 , 2 0 0 3 RE S O L U T I O N 2 2 3 , 2 0 0 3 BA L L E N I S L E S BA L L E N I S L E S TE M P O R A R Y S A L E S C E N T E R TE M P O R A R Y S A L E S C E N T E R ON E ON E -- YE A R T I M E E X T E N S I O N YE A R T I M E E X T E N S I O N Gr o w t h M a n a g e m e n t D e p a r t m e n t Gr o w t h M a n a g e m e n t D e p a r t m e n t Ci t y o f P a l m B e a c h G a r d e n s Ci t y o f P a l m B e a c h G a r d e n s LO C A T I O N LO C A T I O N PG A B o u l e v a r d Ba l l e n I s l e s Dr i v e 2. 8 A C R E SA L E S CE N T E R S I T E Gates to Residential Pl a n n e d C o m m u n i t y D i s t r i c t ( P C D ) O v e r l a y Pl a n n e d C o m m u n i t y D i s t r i c t ( P C D ) O v e r l a y Re s i d e n t i a l L o w ( R L ) u n d e r l y i n g z o n i n g Re s i d e n t i a l L o w ( R L ) u n d e r l y i n g z o n i n g Re s i d e n t i a l L o w ( R L ) f u t u r e l a n d Re s i d e n t i a l L o w ( R L ) f u t u r e l a n d -- us e us e AP P L I C A N T ’ S R E Q U E S T AP P L I C A N T ’ S R E Q U E S T Cu r r e n t t i m e p e r i o d e x p i r e s D e c e m b e r Cu r r e n t t i m e p e r i o d e x p i r e s D e c e m b e r 14 , 2 0 0 3 . 14 , 2 0 0 3 . Re q u e s t i n g a o n e Re q u e s t i n g a o n e -- ye a r t i m e e x t e n s i o n ye a r t i m e e x t e n s i o n un t i l D e c e m b e r 1 4 , 2 0 0 4 , un t i l D e c e m b e r 1 4 , 2 0 0 4 , or u n t i l C i t y C o u n c i l t a k e s f i n a l a c t i o n o n or u n t i l C i t y C o u n c i l t a k e s f i n a l a c t i o n o n Ba l l e n I s l e s P C D A m e n d m e n t Ba l l e n I s l e s P C D A m e n d m e n t BA C K G R O U N D BA C K G R O U N D Re s o l u t i o n 7 0 , 1 9 8 9 : G Re s o l u t i o n 7 0 , 1 9 8 9 : G ra n t e d a p p r o v a l f o r ra n t e d a p p r o v a l f o r te m p o r a r y s a l e s c e n t e r f o r 1 0 y e a r s t o e x p i r e te m p o r a r y s a l e s c e n t e r f o r 1 0 y e a r s t o e x p i r e on S e p t . 1 4 , 1 9 9 9 & a l l o w e d f o r a f u t u r e on S e p t . 1 4 , 1 9 9 9 & a l l o w e d f o r a f u t u r e re q u e s t f o r a 3 re q u e s t f o r a 3 -- ye a r t i m e e x t e n s i o n ye a r t i m e e x t e n s i o n 1. 1. Re s o . 1 0 3 , 1 9 9 9 Re s o . 1 0 3 , 1 9 9 9 : 3 : 3 -- ye a r e x t e n s i o n u n t i l 9 / 1 4 / 0 2 ye a r e x t e n s i o n u n t i l 9 / 1 4 / 0 2 2. 2. Re s o . 1 6 7 , 2 0 0 2 : Re s o . 1 6 7 , 2 0 0 2 : 33 -- mo . e x t e n s i o n u n t i l 1 2 / 1 4 / 0 2 mo . e x t e n s i o n u n t i l 1 2 / 1 4 / 0 2 3. 3. Re s o . 2 1 9 , 2 0 0 2 : Re s o . 2 1 9 , 2 0 0 2 : 66 -- mo . e x t e n s i o n u n t i l 6 / 1 4 / 0 3 mo . e x t e n s i o n u n t i l 6 / 1 4 / 0 3 4. 4. Re s o . 9 9 , 2 0 0 3 : 6 Re s o . 9 9 , 2 0 0 3 : 6 -- mo . e x t e n s i o n u n t i l 1 2 / 1 4 / 0 3 mo . e x t e n s i o n u n t i l 1 2 / 1 4 / 0 3 ST A F F ST A F F RE C O M M E N D A T I O N RE C O M M E N D A T I O N 4 t i m e e x t e n s i o n s g r a n t e d p r e v i o u s l y 4 t i m e e x t e n s i o n s g r a n t e d p r e v i o u s l y to t a l i n g 4 y e a r s & 3 m o n t h s to t a l i n g 4 y e a r s & 3 m o n t h s Ad d i t i o n a l e x t e n s i o n s c o n t r a r y t o o r i g i n a l Ad d i t i o n a l e x t e n s i o n s c o n t r a r y t o o r i g i n a l in t e n d e d t e m p o r a r y n a t u r e 1 4 y e a r s a g o in t e n d e d t e m p o r a r y n a t u r e 1 4 y e a r s a g o St a f f r e c o m m e n d s St a f f r e c o m m e n d s de n i a l de n i a l of R e s o l u t i o n of R e s o l u t i o n 22 3 , 2 0 0 3 , g r a n t i n g a n a d d i t i o n a l o n e 22 3 , 2 0 0 3 , g r a n t i n g a n a d d i t i o n a l o n e -- ye a r t i m e e x t e n s i o n u n t i l D e c e m b e r 1 4 , ye a r t i m e e x t e n s i o n u n t i l D e c e m b e r 1 4 , 20 0 4 . 20 0 4 . NO T E S : NO T E S : Oc t o b e r 2 3 , 2 0 0 0 : P e t i t i o n e r f i l e d a m e n d m e n t t o Oc t o b e r 2 3 , 2 0 0 0 : P e t i t i o n e r f i l e d a m e n d m e n t t o th e P C D th e P C D Au g u s t 1 5 , 2 0 0 2 : A p p l i c a n t r e q u e s t e d Au g u s t 1 5 , 2 0 0 2 : A p p l i c a n t r e q u e s t e d po s t p o n e m e n t po s t p o n e m e n t No t e : A P C D w i t h u n d e r l y i n g r e s i d e n t i a l f u t u r e No t e : A P C D w i t h u n d e r l y i n g r e s i d e n t i a l f u t u r e la n d u s e m a y i n c l u d e u p t o 3 % o f t h e g r o s s l a n d la n d u s e m a y i n c l u d e u p t o 3 % o f t h e g r o s s l a n d fo r c o m m e r c i a l o r o f f i c e u s e & 2 % f o r i n d u s t r i a l fo r c o m m e r c i a l o r o f f i c e u s e & 2 % f o r i n d u s t r i a l us e . us e . SI T E OL D P A L M P C D Th i r d Q u a r t e r 2 0 0 3 R e p o r t Pr e s e n t e d b y Ch i e f S t e p h e n J . S t e p p Pa l m B e a c h G a r d e n s P o l i c e D e p a r t m e n t AU T O B U R G L A R I E S AU T O B U R G L A R I E S AN I N C R E A S E O F 1 3 1 2 7 1 4 0 0 2 0 4 0 6 0 8 0 1 0 0 1 2 0 1 4 0 2 0 0 2 2 0 0 3 RO B B E R I E S RO B B E R I E S A D E C R E A S E O F 7 18 11 05101520 20 0 2 20 0 3 AU T O T H E F T S 3 5 5 8 0 1 0 2 0 3 0 4 0 5 0 6 0 2 0 0 2 2 0 0 3 AN I N C R E A S E O F 2 3 AG G R A V A T E D B A T T E R Y AG G R A V A T E D B A T T E R Y A D E C R E A S E O F 2 14 12 02468101214 20 0 2 20 0 3 BU S I N E S S & R E S I D E N T I A L B U R G L A R I E S BU S I N E S S & R E S I D E N T I A L B U R G L A R I E S 27 29 38 60 0102030405060 Bu s i n e s s R e s i d e n t i a l 20 0 2 20 0 3 33 rd rd QU A R T E R A R R E S T S QU A R T E R A R R E S T S 2 0 4 5 2 7 5 181 0 5 0 1 0 0 1 5 0 2 0 0 2 5 0 Ad u l t s J u v e n i l e s R e s i d e n t s Non-Residents A t o t a l o f 2 5 6 p e o p l e w e r e a r r e s t e d d u r i n g t h i s q u a r t e r : • 9 b u r g l a r y a n d b u r g l a r y a u t o • 37 f o r n a r c o t i c s v i o l a t i o n s • 33 f o r D . U . I . • 81 f o r r e t a i l t h e f t • 96 o t h e r Ye a r t o D a t e C o m p a r i s o n 2 0 0 2 / 2 0 0 3 5% increase 23 0 7 22 0 7 Ac c i d e n t s 13 % i n c r e a s e 12 6 6 9 11 2 5 4 Tr a f f i c S t o p s 27% increase 86 8 68 5 Ar r e s t s 4. 3 % i n c r e a s e 16 2 2 15 5 5 Pa r t I C r i m e s Ye a r t o D a t e A r r e s t s • 20 B u r g l a r y • 13 R o b b e r y • 18 A g g r a v a t e d A s s a u l t • 31 1 T h e f t • 27 A u t o T h e f t • 10 0 D r u g • 10 0 D . U . I . • 12 4 F r a u d • 15 5 o t h e r Ou r R e s p o n s e Ed u c a t i o n Cr i m e P r e v e n t i o n In f o r m a t i o n T e c h n o l o g y Ta c t i c a l C r i m e S u p p r e s s i o n IN F O R M A T I O N T E C H N O L O G Y • OS S I – I n t e g r a t e d C o m p u t e r P r o g r a m • Di a l o g i c – C o m m u n i t y N o t i f i c a t i o n S y s t e m • Fr e q u e n t d i s t r i b u t i o n o f c r i m e a n a l y s i s a n d ma p p i n g • Up g r a d i n g o u r W e b S i t e t o i n c l u d e ad d i t i o n a l i n f o r m a t i o n a n d l i n k s Cr i m e P r e v e n t i o n D i v i s i o n • Se r g e a n t a n d F o u r O f f i c e r s • CP T E D • WO W • Ne i g h b o r h o o d W a t c h • HO A M e e t i n g s • Fa l s e A l a r m R e d u c t i o n • Tr u a n c y I n t e r d i c t i o n • Au t o T h e f t T a s k F o r c e • Me e t i n g s w i t h C o n s t r u c t i o n Si t e C o n t r a c t o r s • As s i s t t h e C r i m e Su p p r e s s i o n U n i t Ta c t i c a l C r i m e S u p p r e s s i o n U n i t • Se r g e a n t a n d t h r e e o f f i c e r s • Un i f o r m a n d p l a i n c l o t h e s • Fl e x i b l e d a y s a n d h o u r s • Ma r k e d a n d u n m a r k e d v e h i c l e s • Di r e c t e d r e s p o n s e t o t r e n d s b a s e d o n c r i m e an a l y s i s ( l o c a t i o n , c r i m e , o r s u s p e c t s ) Th i s c o n c l u d e s t h e S t a t i s t i c a l P r e s e n t a t i o n of t h e P o l i c e D e p a r t m e n t ’ s 20 0 3 T h i r d Q u a r t e r R e p o r t Ou r M i s s i o n To P r o t e c t a n d S e r v e Th r o u g h A P a r t n e r s h i p w i t h t h e C o m m u n i t y .