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HomeMy WebLinkAboutAgenda PZAB 031406City of Palm Beach Gardens UL; I I I I IT' I,i lI It I I "\" r I Narch 14, 2oo6 Rando ph Hansen Dennis Solomon Craig XunkCe NichaeCPanczak Douglas Pennell Barry Present Jonathan D. Rubins Joy Hecht 0,1 Att.) Amir XaneC(z "° Aft.) `. CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM DATE: March 14, 2006 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, March 14, 2006 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, March 14, 2006. This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m. Enclosed with this memorandum are the following items: 1. An agenda for the meeting; and 2. A compact disc containing PowerPoint presentations with user instructions; and 3. A Growth Management Department staff report for the items to be heard. As always, the respective Project Manager's telephone number and e -mail address have been provided in case you have any questions or require additional information on any petition. This will help us offer better staff support in the review of these applications. Jeneve Labossiere, Planning Technician, will call to confirm your attendance. Dan Clark Interim Growth Management Administrator CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 -.a AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, MARCH 14, 2006, AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR: DAN CLARK • APPROVAL OF MINUTES: FEBURARY 14, 2006 PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Barry Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins • SWEARING IN OF ALL PARTIES Alternated Joy Hecht (1St Alt.) Amir Kanel (2 "d Alt.) Planning, Zoning and Appeals Board March 14, 2006 Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 1. Petition: SP- 05 -01: Parcel 27.09 — Gardens Pointe Recommendation to City Council: A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high -rise units within two twelve -story towers, and 26 townhouses. The 6.6 -acre subject site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). Project Manager: Brad Wiseman, Senior Planner bwiseman(@l2bgfl.com (7994235) Workshop: 2. Petition: PUD- 04 -03: Legends at the Gardens MXD PUD Amendment Workshop: A request by Stephen Mathison, on behalf of Joel Prince, to allow for an amendment to the Legends at the Gardens Mixed -Use Planned Unit Development (PUD), which was approved by Ordinance 7, 2003 on March 6, 2003. The applicant is proposing to amend the master site plan to allow a 14,820 square foot retail building (Walgreens) and an 11,200 square -foot general office building. The 21.72 acre subject site is located at the southwest corner of the intersection of Central Boulevard and Donald Ross Road. Project Manager: Richard Marrero, Planner rmarreroaa,pbgfl.com (799 -4219) 3. OLD BUSINESS 4. NEW BUSINESS 5. 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 Office, no later than five days prior to the proceeding, at telephone number (561) 799 -4120 for assistance; if hearing impairedd, telephone the Florida Relay Service Numbers (800) 955 -8771 (7'DD) or (800) 955 -8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning and Zoning Commission, Local Planning Agency, Board of Zoning Appeals, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, 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. Exact legal description and/or survey for the cases may be obtained from the files in the Growth Management Department. Common /pz agenda 3- 14- 06.doc 2 N 0 6� _ _ O C (D N C ill (D w O (D D 7 7 n 7 3 D (D 7 ° 0 N T. (D — zr r- (n (D ° — w D C ? 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REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: There was no report by the Growth Management Administrator. APPROVAL OF MINUTES: JANUARY 24,2006: Motion was made, seconded and unanimously carried to approve the minutes of the January 24, 2006 meeting as submitted. ROLL CALL Debbie Andrea, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: • Present Absent Chair Craig Kunkle Douglas Pennell Vice Chair Barry Present Dennis Solomon Michael Panczak Randolph Hansen Jonathan D. Rubins Joy Hecht (1St Alt.) Amir Kanel (2„d Alt.) Chair Kunkle announced with regret that Growth Management Administrator Charles Wu had resigned, and stated he was pleased to have had five years of untiring effort and professional service from Mr. Wu. Chair Kunkle commented he felt Mr. Wu had done a great job, and that the board members were all better at what they did as volunteers because of him. Mr. Wu would be missed, but the board wished him well in his future endeavors. All those intending to testify in any of tonight's hearings were sworn in. Public Hearing and Recommendation to City Council. (Rescheduled from 1124106) Ex Parte Communication (Quasi Judicial) Petition: MISC- 05- 12 -01— Amendment to the Development Order of the Midtown is(f k.a. The Borland Center) Planned Unit Development (PUD) Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 2 • A request by Don Hearing, agent for the Midtown (fk.a Borland Center) PUD, for approval of an amendment to the development order of the subject PUD to extend the deadline for installing all perimeter buffers adjacent to public rights -of -way. This amendment also includes a proposed date certain for the installation of the rear landscape buffer adjacent to the Garden Lakes PUD, the Military Trail/Garden Lakes Drive traffic signal, and the PGA BoulevardlShady Lakes Drive traffic signal. The Midtown (f:k.a Borland Center) PUD is located at the northeast corner of PGA Boulevard and Shady Lakes Drive and consists of approximately 45 acres in size. During disclosure of exparte communication, Chair Kunkle announced he had met with Don Hearing last Friday and discussed the project. Chair Kunkle announced that letters had been received by all members of the board, one dated February 9 from Shady Lakes HOA, one dated February 3 from Garden Lakes HOA, another from Shady Lakes HOA dated January 30, and one from Woodberry Lakes HOA dated January 30. Mr. Panczak reported he spoke briefly with Mr. Hearing by cell phone, so the conversation was garbled, and Mr. Hearing had filled him in on what he was going to discuss tonight including turning lane, buffer issue, etc. Mr. Hansen reported he spoke to Mr. Hearing on Monday and they discussed the petition in terms of the extension of deadlines for installation of the buffers and traffic lights. Mr. Present advised he received a phone message from Mr. Hearing but they did not talk. Other members of the board who spoke were not picked up by the microphone. Donaldson Hearing spoke on behalf of the • petitioners and introduced some of the team members present. Mr. Hearing described the project location and reported it was approved by Resolution 92, 1994 for which amendment was requested, as well as amendment to the companion ordinances implementing the PUD zoning on the property. Mr. Hearing highlighted the uses, for which amendment was not requested. Mr. Hearing's presentation included requests for an extension to the time frame for installing the landscape buffer, to set a specific schedule for implementing the traffic light at PGA Boulevard and Shady Lakes Boulevard, and to accelerate the signalization of Military Trail and Garden Lakes Boulevard. Mr. Hearing advised the light at Shady Lakes Boulevard and PGA Boulevard would be a yellow flashing lights since warrants did not exist for sufficient traffic to make it red, yellow and green; however, the light at Military Trail and Garden Lakes Boulevard would be red/green when installed and would be in place by February 2007. Ms. Hecht commented flashing lights did not help children cross streets and did not help cars. Mr. Hearing advised the developer had no control over when the light would be red /green and had been told warrants did not exist and would not exist. Mr. Hansen asked about the outfall and the drainage ditch. Mr. Hearing responded they would pick up the drainage in two catch basins in Shady Lakes Drive and were piping it, and they had been discussing a new easement with the Garden Lakes Homeowners Association and there would be a control structure for the water from the pipe and • another control structure for the water from the lake; the water would never be commingled; both water flows would go into the EP133 canal. If the HOA did not grant Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 3 • that easement, they would use another easement, and there would be no open ditch. Mr. Hansen asked if there was any requirement for a buffer along the Garden Lakes side. Mr. Hearing indicated he had heard the HOA was going to allow the developer to put up fencing on their fence as a screen so they would not have to see the construction, but that was not a part of the condition of approval. Landscaping would then be done during the normal course of construction. There was a very specific buffer. Mr. Panczak confirmed his understanding that the request was not to have any specific dates for installation of landscape buffers and for everything to swing on the CO's. Mr. Hearing advised they would complete the buffers on the east and the west as quickly as possible in the normal course of construction. The fence with the Visquine would stay up until then. Mr. Kanel asked if the condition was that the fence would be erected right away, and asked if the adjacent neighborhoods approved. Mr. Hearing explained someone had spoken with the Garden Lakes community but there had been no correspondence with any other communities. Senior Planner Brad Wiseman presented the staff report. Staff recommended all buffers be installed before issuance of the first CO. Staff recommended a 6' fence with a privacy tarp be installed by March 17, 2006; and that the City inspections and permits not • commence until the fence is installed. A permit for the fence was issued on February 3, 2006. Mr. Wiseman advised of the reviews required for the traffic signal at PGA and recommended a condition of approval requiring the installation by December 26, 2006. Mr. Wiseman reported staff recommended a condition of approval that the light at Military Trail and Garden Lakes Boulevard be installed by February 14, 2007. Chair Kunkle asked if the screening buffer would be similar to that at Baskin Palmer, which Mr. Wiseman confirmed. Chair Kunkle asked if the light at PGA would be flashing when installed by December 2006; Mr. Wiseman explained it would not be activated through a warrant but staff would try to get it activated through other methods. Dan Clark, City Engineer, explained there was not enough traffic movement coming from the side streets to warrant the traffic signal, and there would not be enough until the Borland Center was completed. Ms. Hecht asked, if once the fences were done all the way around the property, if the applicant did not have to right now worry about the water from the piping or the asbestos piping and could just go on with construction. Mr. Wiseman responded they could go on with construction but it was in their best interests to get the buffers done, and when he had visited the site the previous day they had been installing trees and other landscaping. Mr. Hansen confirmed the construction could keep going until the applicant needed an inspection. Mr. Hansen asked if another hurricane this summer delayed things, if there • was a mechanism to change the dates, so that this extension did not have to be done all over again. Mr. Wiseman responded that was the reason no dates were tied to the Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 4 • landscape buffers. For the traffic signals there were several deadlines to be met and if they missed a deadline it would come back to this board. Mr. Clark indicated staff would support the applicant through the permitting process with other agencies, and was trying to help the applicant in any way possible. Mr. Panczak asked if the below grade inspections had been done on the site. Mr. Clark indicated they had not. Mr. Kanel asked if there were any technical issues such as utility issues that precluded installation of the buffer, to which Mr. Wiseman responded yes, if they installed the buffer now it would get torn up during installation of utilities and hardscape, and would have to be re -done. There were berms associated with the buffers, and staff advised the height of the berms varied. The 6 -foot fence would solidly screen the construction more adequately than the landscaping would have. The number of CO's anticipated in this project might be close to 100, and the anticipated date of first CO was sometime in August or September. Chair Kunkle declared the public hearing open and advised Mr. DeFrancesco that the City Attorney had advised this meeting was legal per noticing. Eileen Tucker, Shady Lakes, indicated she felt like she would be living in a prison with a wall and felt the light could have been installed by now. It appeared to her the City was looking to find a law to is help the developer and she felt it was wrong to keep giving this developer everything he wanted. Barbara Paresi, Shady Lakes, commented the sidewalk was closed along PGA to Military Trail, which had been the only way for school children to get to the only safe crossing light at the corner, and asked if a developer could legally close a public sidewalk. Staff responded they had researched a temporary sidewalk but even that would have to be closed from time to time during construction, but the city would continue to work with the developer to try to find a solution. Elizabeth Murray, Garden Lakes, indicated she did not understand how underground items were beyond the developer's control, and read from research by LSU Hurricane Center regarding maintaining vegetation to reflect/deflect winds. Ms. Murray indicated she believed the former 30 -foot trees which had been destroyed had offered some hurricane protection, and the buffer would not offer the same height protection. Beverly Gregory, Shady Lakes, commented she had heard about a traffic light for 10 years and described what it was like for the residents of 97 homes in Shady Lakes to try to get in and out of Shady Lakes Drive. Steve Barnes, Shady Lakes, submitted his letters for the record, stated his opinion that no more permits should be issued until the buffers were completed, the proposed fence should not be allowed because there was no wind load testing on the screening, and objected to the fencing permit being given in 3 -4 hours, when the permit he had submitted for a gazebo had not yet been received. Mr. Barnes indicated the light should have been in by August 1 last year and since that date through January 24 this year there had been 66 traffic accidents from Central to Military, and only six accidents from Central to the Turnpike where there was a light for BallenIsles and Old Palm. Mr. Barnes • stated the retention pond was now into the buffer zone and cut the buffer to 33 feet, stated the buffer was illegal and should have never been given a waiver. Attorney Ray Royce Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 5 • objected that there was no basis to attack the development order which had been signed by Shady Lakes Property Owners. Mr. Barnes stated he did not sign. Mr. Barnes commented before the agreement with the city, the developers made an agreement with Shady Lakes, Woodberry, and the Coalition, and now they did not talk to any of them until they filed for something like tonight's hearing. Vito DeFrancesco, Shady Lakes, contended this meeting was illegal; that a table in the LDR's showed they were only on number 6 in the process. Mr. DeFrancesco quoted from the LDR's and concluded the meeting was illegal. Mr. DeFrancesco commented to give a fence in lieu of landscaping was ridiculous and suggested a compromise of forcing the developer to do the landscaping on the Shady Lakes and Garden Lakes sides. Mr. DeFrancesco noted that the main property owner of the shopping center had not been notified. Mr. DeFrancesco commented there was no reason the landscaping could not be done on the two sides. Mr. Tillman was sworn in. Mr. Tillman, Shady Lakes, indicated the developer had agreed to permit obligations and now was asking for relief, and the committee was bound to follow the law, and the developer thought he was above the law and did not have to comply. Mr. Tillman commented the committee was being asked to make them follow the law. Mr. Wiseman commented code required all property owners within 500' to be notified and the developer had gone farther by also notifying the entire communities which touched the 500'. Staff had found the shopping center label had been omitted from the list of property owners, had asked the applicant to notify the shopping center and get • documentation in writing that they had been notified and were aware of the P &Z meeting, and Mr. Wiseman stated he had a letter from the shopping center confirming they had been notified, plus he had followed that up with a phone call to the shopping center and received confirmation they had been notified. Chair Kunkle announced a 7- minute break. Al Loomis was sworn in. Mr. Loomis, Shady Lakes, commented on the developer not doing the buffers on time, and to not do the work and ask for an extension now was not in the residents' best interest. Mr. Loomis cited another development that had complied and indicated this project should be required to do the same. Mr. Panczak asked if the possibility of a crossing guard at Shady Lakes Drive had been considered. Mr. Wiseman indicated it had been considered but the police did not consider that a safe alternative. The school district had been contacted regarding providing bus service. Mr. Clark confirmed that without this development and without a signal warrant, no traffic light would be being considered, so development of the site had accelerated signalization of that end of PGA Boulevard. Mr. Kanel expressed two concerns, the light and the buffer. Mr. Kanel indicated a flashing light only took 3 days on Haverhill after the death of a child and he did not want to wait until something happened. Mr. Kanel commented he had trouble with a CO being • a deadline for the buffer and he did not see why the buffer could not be accomplished first. i1 LJ Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 6 Mr. Hansen commented he sympathized with Shady Lakes and Garden Lakes regarding the traffic situation, but they needed to understand that this board, City Council, and staff could only push to get it done and had no control to get it done, and the people should be calling FDOT, and County Traffic Engineering, who were the people who granted the traffic light. Mr. Hansen commented it was not pleasant to live next to a construction site but the quicker it was finished would be a benefit to everybody rather than stopping construction, etc. Mr. Hansen commented to put in a buffer now would not accomplish what the residents thought, and it would just get torn up and have to be done again. Mr. Hansen indicated staff was professional and he had no reason to doubt they were doing everything possible within the law. Mr. Hansen advised the developer did not make a penney until he got a CO, and he would be more interested than anyone in completing the buffers. Mr. Hansen indicated he was not sure the fence and screening would really be effective, and commented every one here lived on property that originally had to be cleared and must face up to that this was what occurred with progress, and for the city as a whole this project would be a positive thing. Mr. Hansen stated he supported staff s recommendations as to timing and thought that it would mean the project would get done quicker, and in the end everybody would be able to move on, and it would be a betterment for the city. Mr. Hansen commented that a permit for temporary construction fencing was not much of a permit and a gazebo was a more permanent structure and did require more of a review, so he thought some of the issues raised needed to be looked at • in light of the real situation, which was that the sooner the project was finished it would be better for everybody. Mr. Solomon commented there was a lot of frustration involved, focused on traffic problems and the traffic light, and those traffic problems had existed before the project was there. As Mr. Panczak had indicated the best chance of getting the traffic light was completion of this project and as Mr. Hansen had pointed out, no one had more incentive than the developer to complete the project in order to start to make money. The problem with the signalization, which was a problem with every project, and was that the local government had no control, and he thought it was improperly controlled by the county and the state. Mr. Solomon stated he would like local municipalities to get together and have a conference and try to do something to get some local control over this. The major problem and frustration was over the signalization and no one in the city had any control of that. Mr. Solomon indicated the developer had had some unforeseen problems to deal with, and there were a lot of problems and multiple agencies to go through. Mr. Solomon commented everyone needed to have patience and when the project was finished property values would rise, and to stop construction would mean unsightly cinder blocks and would delay the project. Mr. Solomon supported the staff recommendation. Mr. Present asked staff regarding prohibited waivers what LDR Section 78 -178 and 78- 250 meant, and commented if waivers were prohibited this board needed to know, and he would like an answer for the next meeting. Mr. Present agreed there were things the • developer could have done differently, but dealing with multiple agencies could be difficult, but on the other hand there were still blue roofs up and anyone who had dealt Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 7 • with any of the agencies knew things did not happen quickly. Mr. Present felt the staff recommendation and what the applicant had agreed to was the best solution to get the project done. Ms. Hecht asked if when the project was finished if the City Engineer felt there would be enough traffic for an operational light. Mr. Clark stated he did not know for sure and would prefer get that answer for the next meeting. Ms. Hecht suggested that a compromise might be on the Shady Lakes side and Garden Lakes sides to install the berms, to put a sidewalk across PGA for the school children, and to have a construction entry behind Publix instead of on PGA. Mr. Wiseman advised the construction entrance was behind Publix, not on PGA. Mr. Wiseman advised a sidewalk was required within the required buffer so would be completed with the first CO, and buffers were required but it was just the timing of completion. Mr. Rubins commented this project was going to happen and no construction project was beautiful, but the important thing was to protect the safety of the children, and the city must do something to protect the children. Mr. Wiseman reported staff was looking into providing a safe alternative. Mr. Rubins stated he appreciated that but he believed the amendment should be approved with language to assure the safety of the children. Chair Kunkle suggested maybe someone else besides a police officer should talk with the • school board, and noted there were private transportation options that could be explored. Chair Kunkle announced those residents who spoke during the public hearing now had an opportunity to ask questions. Barbara Paresi commented if the light were physically there, with the help of the city police, she believed the light could be warranted only for the school children since the sidewalk would not be there during 4 more months of school and all of next year. City Attorney Tatum clarified this part of the meeting was for cross examination, not for new questions. Vito DeFrancesco asked to cross examine Mr. Wiseman, and stated he would like to discuss Table No. 2, and asked if there had been a DRC approval certification letter submitted for this project on this particular item. Mr. Wiseman stated this petition was DRC certified. Mr. DeFrancesco asked if there was a certification letter. Mr. Wiseman stated there was no certification letter. Mr. DeFrancesco asked if there had been a P &Z workshop as required by Table No. 2. Mr. Wiseman responded a P &Z workshop was not required for this petition and read the language which said "may" not "shall" schedule a workshop. Chair Kunkle stated the City Attorney had determined this was a legal meeting. City Attorney Tatum advised Mr. Wiseman was attempting to answer, and a P &Z workshop was not required, and Mr. Wiseman was trying to explain that because of an amendment to the code that workshops were optional, and that was consistent with • Table 2, and you had to look at the language as well as the table. Mr. DeFrancesco commented it stated major amendments were reviewed in the same manner as the Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 8 • original application, which referred to Table No. 2, and in part 78 -43 it said developmental order approvals shall be consistent with the requirements of Table No. 2. Mr. Wiseman stated it was. Mr. DeFrancesco asked the meaning of applicable. Mr. Wiseman responded applicable meant it can happen, and go back to the language within the code that said the Growth Management Department staff requires a P &Z workshop, the word said may. Mr. DeFrancesco asked what "shall be consistent with Table 2 and major amendments are reviewed in the same manner as the original application" meant — if there was a workshop for the original application and if that wouldn't mean there should be a workshop. Mr. Wiseman indicated the question of having a workshop had been asked and answered. Chair Kunkle indicated the legality was done. Mr. DeFrancesco commented the application for the fence came in at 11:56:14 and was given to them at 1:39:22, which had to be a new world record. Mr. Wiseman advised planning staff reviewed building permits and hand walked them. Mr. DeFrancesco stated Steve Barnes would like them to hand walk his. The City Attorney stated cross examination was not a time for Mr. DeFrancesco to be testifying, but was the time for him to address Mr. Wiseman's earlier testimony and he was limited to what Mr. Wiseman had testified to tonight. Mr. DeFrancesco discussed wetlands, to which there was an objection that had not been discussed tonight. Mr. DeFrancesco asked if they did not want to know the truth and wasn't that what they were trying to get to. Chair Kunkle commented they were trying to get to the end of a successful project and as the boardmembers had stated, the means to getting there was to push forward to get it done instead of trying to continue • to delay things, and the sooner they could keep building, the sooner the residents would get the light, and the trees. Mr. DeFrancesco stated he respectfully disagreed. Chair Kunkle declared the public hearing closed. MOTION: Mr. Solomon made a motion to recommend to City Council approval of Petition MISC- 05 -12 -01 with the staff report as submitted. Mr. Hansen seconded the motion which carried by vote of 6 -1 with Mr. Rubins opposed. Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition: SP- 05 -01: Parcel 27.09 – Gardens Pointe Recommendation to City Council: A request by Marty Minor of Urban Design Studio, agent for Gardens Pointe LLC, for site plan approval of 216 residential condominium high - rise units within two twelve -story towers, and 24 townhouses. The 6.6 -acre subject site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). It was clarified this was not a public hearing. Mr. Wiseman reported the applicant had sent out notices to everyone within 500' of the entire Regional Center, so he would like isthem to know the new date of March 14, since they would not be getting a new notice. Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 9 • The board was advised there was no need to declare exparte communication, but a motion to establish a time certain was needed. MOTION: Mr. Present made a motion to reschedule Petition SP -05 -01 be moved to a time certain of March 14, 2006. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. OLD BUSINESS There was no old business to come before the board. NEW BUSINESS Mr. Panczak asked if the design of the new Evergrene sign at the corner of Hood and Central had been approved in the original sign package. Mr. Wiseman indicated he would look at the master sign package and get back to Mr. Panczak. r � • Planning, Zoning, and Appeals Board Meeting Minutes February 14, 2006 Page 10 • ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting will be held March 14, 2006. APPROVED: • Craig Kunkle, Jr., Chair Barry Present, Vice Chair Dennis Solomon Randolph Hansen Douglas Pennell Michael Panczak Jonathan Rubins Joy Hecht Amir Kanel Debbie Andrea, Secretary for the Meeting • CITY OF PALM BEACH GARDENS • PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum • • Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 Subject/Agenda Item: SP- 05 -01: Parcel 27.09 — Gardens Pointe Recommendation to City Council: A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high -rise units within two twelve -story towers, and 26 townhouses. The 6.6 -acre subject site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). [X1 Recommendation to APPROVE with 10 waivers 1 Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB Action: Growth Management: [N /A] Approved City Attorney Project Costs: $ N/A [N /A] App. w/ conditions Christine Tatum, Esq. er Mana g w Total [N /A] Denied Development Compliance Brad Wiseman [ ] Rec. approval S/ ' Senior Planner $ N/A [ ] Rec. app. w/ conds. ` Bahareh Keshavarz, AICP Current FY [ ] Rec. Denial [X] Quasi - Judicial [ ] Legislative [N /A] Continued Interim Growth Management [ ] Public Hearing Funding Source: to: Administrator Advertised: Attachments: Daniel P. Clark, P.E. [ ]Operating g • Resolution 81, 2001 Date: 3/3/06 • Resolution 105, 2004 Paper: PB Post [X] Other N/A • Resolution 120, 2005 • CC Minutes 6/17/04 [X] Not Required • Project Narrative Approved By: Budget Acct. #: • Reduced Plans Ronald M. Ferris NA • Menin Bridge Letter Affected parties: City Manager [X] Notified [ ] Not Required Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 • BACKGROUND Regional Center DRI The proposed development is located within the Regional Center Development of Regional Impact (DRI) on Parcel 27.09. On February 16, 1984, the City Council approved the Development Order of the Regional Center through 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 a maximum development of 1,640,000 square feet of retail, restaurant, and cinema; 26,000 square feet of neighborhood commercial; 1,210,000 square feet of business office; 235,200 square feet of research and development office; and 2,051 dwelling units. The total acreage of the DRI is 458.2 acres. The most recently approved Notice of Proposed Change (NOPC #10) to the Regional Center DRI was approved through Resolution 105, 2004 on June 17, 2004, and provided for the following: • Increased the maximum number of potential residential units for the DRI from 1,813 to 2,051 dwelling units; • Set a maximum building height of 140 feet for all buildings on Parcel 27.09; • • Reduced the minimum thresholds for Business Office from 1,043,287 square feet to 985,695 square feet; • Reduced the minimum thresholds for Research and Development Office from 73,440 square feet to 71,032 square feet; • Reduced the minimum thresholds for hotel from 118 rooms to zero. Parcel 27.09 Catalafumo submitted a development application for Parcel 27.09 to the City in 2003, for the development of three professional office buildings totaling 60,000 square feet. This development application was for Phase I of a two phase office complex. However, this application was withdrawn in March 2003. During the discussion of Resolution 105, 2004 at the June 17, 2004, meeting concerning the adjacent Landmark residential project, Kolter Properties informed the City Council that they had entered into a contract to purchase Parcel 27.09 for the purpose of developing multi - family residential dwelling units (Please see attached minutes). Subsequently, the City Council made a motion to approve the resolution with the addition of a building height limitation of 140 feet for Parcel 27.09 as 140 feet was the height of the UBS/Paine Webber building, the second tallest building within the DRI. According to Resolution 81, 2001, all conversions of uses shall be approved by the City Council through the site plan review process. Therefore, the conversion of Parcel 27.09 from office/hotel/community use to residential is required to be approved with the • subject petition. Page 2 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 On February 1, 2005, Urban Design Studio, on behalf of Kolter Properties, submitted a is development application to the Growth Management Department for 240 residential condominium and townhouse units on Parcel 27.09. Subsequent to the adoption of Resolution 105, 2004 and the submittal of the Kolter development application, City Council held a retreat on the 28 and 29 of April 2005. During this retreat, the City Council set a city -wide policy to discourage the conversion of commercial land to residential. LAND -USE AND ZONING The subject site has a joint land -use designation of office /hotel /community use, as indicated on the Development of Regional Impact (DRI) and Planned Community District (PCD) master land - use plan (Map H), and Professional Office (PO), as designated on the City's Future -Land Use Map. Therefore, both land -use designations apply to the subject parcel. In order for residential to be allowed on -site, the conversion shall be approved by the City Council with the subject site plan petition. The zoning designation of the site is a Planned Community District (PCD) Overlay. PROJECT DETAILS The proposed project consists of 214 residential condominium units within two, twelve -story towers and 26 townhouses on a 6.6 -acre site. The proposed density is 36.10 dwelling units per acre, whereas the adjacent approved residential project, the Landmark has a density of 37.05 dwelling units per acre. • .Vtv Ar•rocc • The project is bounded by the Landmark to the north, Lake Victoria (a.k.a. the Downtown at the Gardens Lake) to the west, Kyoto Gardens Drive to the south, and Fairchild Gardens Avenue to the east. Vehicular access to the site will be achieved from an ingress /egress point off of Kyoto Gardens Drive and two access points off of Fairchild Gardens Avenue. Phasing According to the applicant, the development is proposed to be built in two phases. Please see sheet C -19. Traffic Concurrency The proposed project has reserved concurrency through the Regional Center DRI approval. The City Engineer has reviewed the proposed site plan to ensure compliance with the DRI concurrency approval and has raised no concerns. Page 3 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 School Concurrency • The applicant received school concurrency from the Palm Beach Count School District on pP Y Y August 5, 2005, for 240 multi - family dwelling units. This school concurrency will expire if a development order is not granted by August 5, 2006. Once a development order is granted, school concurrency becomes vested for the project. Landscaping The applicant is providing 12,802 landscaping points on -site, whereas 10,128 are required by the City Code. The applicant has allocated 2.325 acres, or 35.02% of the site, toward open space, which meets the minimum 35% required for residential developments within PCDs. The applicant has provided a 20 -foot wide landscape buffer along Fairchild Gardens Avenue and Kyoto Gardens Drive, which meets the minimum 20 -foot width code requirement. The applicant has also provided an 8 -foot wide landscape buffer adjacent to the Landmark and Lake Victoria, which meets the 8 -foot width code requirement. Plantings within these buffers include specimen trees such as Canary Island Date Palms, Live Oaks, and Washington Palms. Other plantings include Dwarf Date Palms, Ligustrums, Eugenia hedges, Bougainvillea, and Christmas Palms. Foundation plantings have been provided for each tower on all four sides and either meet or exceed City Code requirements for height. Specimen trees include Coconut Palms and Cabbage Palms at a height of 22' -30'; Cathedral Oaks, Live Oaks, and Travelers Palms a height of 18'- 20'; Alexander Palms at height of 18' -20'; and Queen Palms at a height of 22' -28'. • Each townhouse building has foundation landscaping on all four sides, which includes specimen trees such as Coconut Palms and Paurotis Palms. Other plantings include Cat Palms, Pygmy Date Palms, Crinum Lilies, Wax Jasmine, Eugenia hedges, and Ixora. • Lake Plan The lake plan, also referred to as the Perpetual Public Access Easement (PPAE), surrounds Lake Victoria and provides the largest public amenity (26.9 acres) within the Regional Center DRI. The lake plan's meandering pathways provide an inviting and convenient pedestrian access to Downtown at the Gardens, the Landmark, Gardens Pointe, Mira Flores, and the Gardens Mall through two public pathways (Landmark & Gardens Pointe) that connect to Fairchild Gardens Avenue. The lake plan also includes street furniture, lighting, signage, a bridge, landscape and hardscape features that create a unified sense of place for the entire area. Common themed materials are used to define the park area. Paver pedestrian connections are provided across vehicular crossings at Kyoto Gardens Drive and at the intersections of Gardens Parkway and Valencia Gardens Drive, and Gardens Parkway and San Cristobal/Fairchild Gardens Avenue. There is also a pedestrian underpass connection that links the lake plan to the Mira Flores apartment complex. This lake plan is maintained by the Regional Center Property Owners Association. Page 4 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 As per Resolution 120, 2005, the applicant is required to fulfill the lake plan requirements for the • subject site. The applicant has provided an area on the west, and south perimeters of the parcel, which is intended for recreation and open space for the public, as part of the lake plan requirements. These pathways link the subject site to other parcels immediately abutting the lake, and also link the lake path to Fairchild Gardens Avenue. The interconnecting pathways will allow for the public and residents in the proposed community to utilize the lake, and will serve as a pedestrian linkage between the proposed project and Downtown at the Gardens. Staff is also requesting that the applicant incorporate a pedestrian bridge over the lake, which connects the subject site to Downtown at the Gardens. Such a bridge will mirror the one proposed between the Landmark and Downtown at the Gardens. This additional bridge will further improve the lake plan, pedestrian connectivity, and create additional opportunities for public enjoyment of Lake Victoria. Gardens Pointe, the Landmark, Downtown at the Gardens, and the lake plan all make up an urban core by providing an interaction of mixed uses and pedestrian activity. During the review process, staff raised a concern about the close proximity of the public pathway and the lakefront townhomes. (Many of the front doors to these townhomes are within five feet from the pathway.) It is staff's professional opinion that the public will take advantage of the PPAE as originally contemplated; and therefore the townhome residents must be made aware of the close proximity of the PPAE and their townhomes. Staff has included a condition of approval requiring the applicant to provide a prominent statement in all sales documents and the HOA documents that clearly identifies this public area immediately adjacent to these townhomes. Furthermore, staff has also included a condition that requires the applicant to post a sign outside of the sales center • that explains the PPAE and its close proximity to the townhomes. Site Lighting The site will be illuminated according to the minimum LDR requirements. However, parking garage lighting will also meet IESNA standards as requested by the Police Department. The applicant is proposing metal halide lighting throughout the site. Parkin Required parking is calculated at one space per bedroom plus five percent of the required parking for guest parking, which equates to 498 parking spaces; whereas the applicant is proposing 514 total parking spaces. The bottom three levels of each tower is a parking garage, which accommodates 427 total garage parking spaces. The remaining parking spaces consist of 12 townhouse garage spaces, 12 townhouse driveway spaces, and 63 surface parking spaces. The applicant is requesting a waiver from Section 78 -344 (L) (1), which requires a 10 -foot wide parking stall width. The applicant is proposing 9.5' wide parking spaces for all garage parking spaces. All surface parking spaces meet the 10 -foot width code requirement. Page 5 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 Signaze • The a pp licant is proposing one project identification sign at the main vehicular entrance of of Fairchild Gardens Avenue and a secondary interior sign off of the Kyoto Gardens Drive entrance. Two waivers are being requested for the main entrance sign since there are two faces and five feet of landscaping surrounding the sign; whereas only one sign face is allowed and 10 feet of landscaping is required around the sign. Architecture and Special Features All buildings on -site consist of a Mediterranean style with Spanish "S" tile roof, gray blue tinted windows, resin bands and cornices, cement plaster columns, aluminum grilles, aluminum railings, and stucco wall finish. The proposed color scheme will feature neutral tan colors including Dusty Yellow, Spiced Vinegar, Clear Yellow, Heavy Cream, Delicate White, Gold Buff, and Jute. Each twelve story tower (140'high) consists of nine residential floors (107 units) over three levels of covered parking, with 10 wrap- around townhouses. The wrap- around townhouses provides a residential scale and a pedestrian friendly streetscape for the surrounding area. The site also incorporates six free standing townhouses adjacent to Fairchild Gardens Avenue and Kyoto Gardens Drive. The visible facades of the enclosed parking garage incorporate the design that is present on the • residential facades. Each fagade includes residential scale windows with aluminum grills, resin window sills, and banding, which provides architectural relief. The south elevations (adjacent to Kyoto Gardens Drive) includes a tower(s) and the east elevations (adjacent to Fairchild Gardens Avenue) include arcade features, which assist in providing visual interest from the adjacent roadways. L Page 6 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 Waivers • The applicant is requesting ten waivers for the followin g project: �J 1�1 Table 2: Requested Waivers Code Section Required Provided Waiver Discussion Section 78 -184: Height 45' 12- stories, 140 ft. 95' (1) ** of Buildings Section78 -344 (1) b 10' 9.5' Garage Spaces .5' (2) Parking stall width Only Section 78 -142 30 ft. plus one foot for 64' South Tower 86' (3) ** Residential High Zoning each foot of building District Setbacks height greater than two Front stories = 150' Section 78 -142 20 ft. plus one foot for 40' North Tower 100' (4) ** Residential High Zoning each foot of building District Setbacks height greater than two Side Street stories= 140' Section 78 -142 20 ft. plus one foot for 39' North Tower 101' (5) ** Residential High Zoning each foot of building 26' South Tower 114' District Setbacks height greater than two Side stories = 140' Section 78 -142 20 ft. plus one foot for 20' North Tower 120' (6) ** Residential High Zoning each foot of building District Setbacks height greater than two Rear stories = 140' Section 78 -285: Max Sign Faces: 1 2 1 (7) Permitted Signs, Table 24 Section 78 -285: Landscaping around 5' 5' (8) Permitted Signs, Table monument sign shall be no 24 less that sign height —10' Section 78 -441 (c): No building permits prior Sales Trailer & 1 2 Buildings (9) General Application to plat approval Dry Townhouse Procedure Model Section 78 -182 (f): 10.0 -Foot Candle 91.5 -Foot Candles 81.5 -Foot Candle (10) Illumination of Uses Maximum in Parking in the Parking and Buildings Areas Garage "Note. Five of the ten waiver requests are to allow for reduced setbacks and for an increase in building height. Staff supports these requested waivers because the applicant has demonstrated consistency with Section 78 -158 of the LDRs, Waivers to Planned Development District Requirements, which states, " The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The City Council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities.... are demonstrated. " In this case, the applicant has provided architectural details and treatments and pedestrian amenities within the proposed project, which all provide important synergy to the Downtown at the Gardens and the lake plan. However, it is staff's professional opinion that a bridge should be provided that links the subject Page 7 • Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 site to Downtown at the Gardens. This bridge will reflect a direct public benefit to be derived from the approval of the requested waivers. (1) The proposed maximum building height for the two towers is 140 feet. The maximum allowable height of a building in the Residential High (RH) zoning district is 45 feet; therefore, the applicant is requesting a waiver of 95 feet. Upon staff's recommendation, the applicant has revised the elevations to reflect building height variation, which has addressed the previous box -like effect of the towers. Furthermore, this waiver is consistent with the adjacent Landmark project, which consists of a 17 -story tower (192.5 feet) flanked by two 14 -story towers (160 feet), and the UBS/PaineWebber building (140 feet). It is staff's professional opinion that this waiver is adequately justified. Staff recommends approval. Proposed Elevation: mum m ®mm M MM M mmmmmm m� E3'ii !3E! 1 N !!i3 333 EiE3 E3E: EElii 3;? !1!l!U ii13 3 °..!E :E3 :3E! III■ �Ei' :li�i EEE3 l33E w�l !EiE EiE3 EEi EEE3 4: Iwo F a� E 40go11:6rau _ =1 ;; IN �� lui•1.. - 190-11 i k it 4 � !aim:: 1!n 1p: c 9 •• 1. �1 :. nd :: 1�l 1 s U ,aye ;i 1! • u ;; a:ei"•• N iu� i i "• i ii 4'li 1�1 wi �`i Fee 'Iro a© i �!i ��� a ai n� i�i :ti 11 • 'S�Ii ii ii YiG �1 V rr 8110 ■go 1! pn ii n .i IIA11 1©©� ©rr logo son ■i ❑r �. �� u ice•w !ii 1 a i w �n u33niti n nn uu nu a n p T "aliil�i�i�i�i�ii♦� �- mum m ®mm M MM M mmmmmm m� E3'ii !3E! 1 N !!i3 333 EiE3 E3E: EElii 3;? !1!l!U ii13 3 °..!E :E3 :3E! III■ �Ei' :li�i EEE3 l33E w�l !EiE EiE3 EEi EEE3 4: Iwo F a� E BB ® m m ® JB 1B M ®® M ® ® M Page 8 M i k it 4 � !aim:: •!_1�_ 1 ='^ jjhp 1�l 1 s U ,aye ;i 1! • u ;; a:ei"•• BB ® m m ® JB 1B M ®® M ® ® M Page 8 M Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 (2) The applicant is requesting a waiver from Section 78- 344(L) (1), which requires that a • standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to 9.5 feet for all of the garage parking spaces. All surface parking spaces meet the City Code requirement of 10 feet. Furthermore, this request is consistent with other parking garage space widths within the Regional Center (Landmark 9- feet wide, Downtown @ the Gardens 9.5 -feet wide). Staff j`'recommends approval. (3) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a front setback of 64 feet for the south tower, whereas the Code requires 150 feet. This waiver request is consistent with the adjacent Landmark, which provided a 34 -foot front setback. Staff recommends approval. (4) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a side street setback of 40 feet for the north tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a side street setback of 18 feet. Staff recommends approval. (5) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a side setback of 39 feet for the south tower and 26 feet for the north tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a side setback of 25 feet. Staff recommends approval. (6) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks to • allow for a rear setback of 20 feet for the north tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a rear setback of 22 feet. Staff recommends approval. U (7) The applicant is requesting a waiver from Section 78 -285, Permitted Signs, to allow for a sign on each side of the monument. Staff supports the requested waiver because it will identify the development to vehicles entering and exiting the site. Several residential developments in the City have received a similar waiver approval from the City Council, which allowed for dual entry sign structures, including Mirasol, Evergrene, Frenchman's Reserve PCDs, and the Southampton PUD. Staff recommends approval. (8) The applicant is requesting a waiver from City Code Section 78 -285, Permitted Signs, to allow for the landscaped area around the main entrance monument sign to be less than ten feet (5 feet). The proposed monument sign location provides the best placement in order to maintain maximum visibility for cars safely entering the site. This waiver was recently approved for the Pointe PUD. Staff recommends approval. (9) The applicant is requesting a waiver from City Code Section 78 -441, General Application Procedures, to allow for a sales trailer and one townhouse dry model prior to plat approval. This waiver has also been granted to allow for dry models within Old Palm PCD Pod C, Evergrene PCD, and Frenchman's Reserve Pod G. Staff has included several standard conditions of approval to safeguard the City and the applicant relating to dry model permit Page 9 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 issuance. Staff recommends approval. • 10 The applicant is requesting a waiver from City Code Section 78 -182 Illumination of Uses ( ) PP q g Y and Buildings, to allow for 91.5 -foot candles in the parking garage. The Police Department view parking garages as needing increased lighting for maximum visibility and surveillance due to safety concerns. Furthermore, Police recommends that the applicant meet IESNA standards in regards to parking garage lighting, which has been included as a condition of approval. However, IESNA standards require more lighting than City Code allows; therefore a waiver is required. Staff recommends approval. CONSISTENCY WITH SURROUNDING AREA The proposed residential development is consistent with the City's vision to create an urban downtown environment within the Regional Center DRI. The proposed plan will be complementary to the adjacent Landmark project, which consists of two 14 -story residential towers and one 17 -story tower. Gardens Pointe is also consistent with Downtown at the Gardens, which includes a mixture of uses consisting of retail, office, and entertainment. The site plan has been designed so that pedestrians will be able to utilize the lake for activity. Pedestrians will also be able to conveniently access Downtown at the Gardens if a pedestrian bridge is provided that links both projects, which staff is requesting as a condition of approval. • Furthermore, the proposed residential development is consistent with the surrounding PGA Boulevard Corridor, which includes a number of buildings (other than Landmark) that significantly exceed the LDR height restriction. Specifically, the Grand Bank (70.25'), Good Samaritan Hospital (86'), the MacArthur Center Building/Bank One Building (65.83'), the UBS Paine Weber [a.k.a Medical Mall] (140'), and Gardens Plaza [a.k.a Merrill Lynch building] (137'). CONSISTENCY WITH THE COMPREHENSIVE PLAN It is staffs professional opinion that the proposed development is consistent with the overall intent of the goals, objectives, and policies of the City's Comprehensive Plan. Density The nronosed 240 residential units are the last remaininiz units to be annroved that are currentiv vested within the DRI. Under Policy 1.1.5.2 (b) of the Comprehensive Plan, the overall density of PCDs or PUDs shall not exceed 12 units per acre for the areas designated Residential High (RH). Furthermore, Policy 1.1.1.4. states, "Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the Future Land -Use designation of the area." [Emphasis supplied.] The proposed gross density for the subject parcel is 36.10 dwelling units per acre (Landmark has a density of 37.05 d.u. per acre). However, when the overall residential density within the DRI is calculated using all residential • Page 10 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 parcels within the DRI, the density equals 10.90 units per acre (2,051 units/ 188.14 acres of • residential land), which is consistent with the Comprehensive Plan. Building Height The subject site has a joint land -use designation of Professional Office (PO), as designated on the City's Future Land -Use Map, and office/hotel /community use, as indicated on Map "H" of the DRI/PCD. Under the future land -use element, the Professional/Office (PO) future land -use category limits the building height to 36 feet. The proposed project exceeds this height limitation. However, Policy 1.1.1.4. of the Comprehensive Plan states: Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. through d. omitted for brevity e. Through the PCDs flexibility, the City Council may grant waivers to the non - residential intensities described previously f. omitted for brevity • Since the future land -use designation is `non - residential', the policy provides the City Council the authority to waive the height incorporated within the description of PO future land -use element. It is staff's professional opinion that the proposed project is consistent with the Comprehensive Plan. • ECONOMIC DEVELOPMENT ADVISORY BOARD (EDAB) The EDAB reviewed the subject petition on December 8, 2005. Staff brought the Gardens Pointe residential project before the EDAB because the petition proposes the conversion of office use to residential. The EDAB made a motion, with a vote of 6 -1, to support the project because the process of allowing this site to become residential began several months before City Council set a policy to discourage conversions of commercial /office use to residential. However, the EDAB stated that their motion was site specific and reiterated their position that commercial land should not be converted to residential. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 25, 2005, the Planning, Zoning, and Appeals Board reviewed the subject petition at a workshop. Mr. Dennis Solomon, Mr. Barry Present, and Mr. Amir Kanel stated a concern about building height. In addition, the PZAB praised the project's design and issued the following two comments (staff's response are in italics): Page 11 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 1) The PZAB stated that nine -foot wide parking spaces are too narrow; 10 -foot wide spaces isshould be utilized for all surface parking; and all parking garage space should be a minimum of 9.5 -feet wide. The applicant has revised the plans accordingly. 2) The PZAB was concerned with the proposed colors and checkerboard pattern. The applicant has altered the color palette, and will present the new design at the PZAB meeting. The subject petition was initially scheduled for a Recommendation to City Council hearing at the January 10, 2006, PZAB meeting, but was subsequently postponed to the March 14, 2006, PZAB meeting. The applicant requested a postponement because staff recommended modifying the architectural elevations to address the bulkiness of the building. Since then, the applicant has met several times with staff and has revised the plans to reflect a pronounced roof -line variation, which meets the original intent of staff's recommendation. OUTSTANDING ISSUES 1) Staff strongly recommends that a pedestrian bridge be constructed to provide convenient access from the subject site to Downtown at the Gardens and the surrounding Lake Improvement Plan. Currently, a bridge is approved at the opposite end of the lake, which Landmark has funded. An additional bridge on the far side of the lake will increase the opportunities for pedestrian activity and create further interest in the City's urban core. Furthermore, this bridge would be a direct public benefit, which could be included as part of the waiver justifications. • STAFF RECOMMENDATION • Staff recommends approval of the subject petition and requests the applicant to consent to the following conditions of approval: Planning & Zoning 1) Prior to scheduling for City Council, the applicant shall revise the plans to reflect the portion of the meandering pathway located west of the amenity center within the required P.P.A.E. The applicant shall also revise the plans to reflect a connection between the portion of the pathway leading to townhouse five and the main meandering pathway (Planning & Zoning). 2) Prior to scheduling for City Council, the applicant shall revise the plans to reflect the inclusion of two gazebos within the P.P.A.E. (Planning & Zoning). 3) Prior to scheduling for City Council, the applicant shall revise the plans to reflect a brick paver crosswalk at the southeast corner of subject parcel, which connects to the east side of Fairchild Gardens Avenue (Planning & Zoning). 4) Prior to issuance of the first Certificate of Occupancy, the applicant shall install a footbridge with an attached lake overlook gazebo, consistent with the location provided by the December 1, 2005, Menin Development letter to the City and the approved design of the Landmark bridge. Page 12 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 The applicant shall also include language in the homeowners' association documents that • requires the maintenance of this bridge (Planning & Zoning). 5) Prior to issuance of the first Certificate of Occupancy for the sales trailer, the applicant shall include prominent language (18 -point in size & bold) and a graphic in the homeowners' association documents and in all sales documents subject to the Growth Management Administrator's review and approval, which identifies the location of the PPAE as being for public use and not an extension of the private residential units. The homeowners' association documents and sales documents shall be submitted to the City prior to issuance of the first building permit for the sales trailer. The applicant shall also post a clearly visible four -foot by four -foot sign outside of the sales center, which depicts a graphic of the PPAE, states its public purpose and its close proximity to the residential units (Planning & Zoning). 6) Prior to issuance of the first Certificate of Occupancy, the applicant shall install one decorative sign in the PPAE for every 120 feet located at the eastern most edge (adjacent to the lake) and at the northern most edge (adjacent to Kyoto Gardens Drive) of the PPAE with the sign facing westward (towards the lake) and facing southward (towards Kyoto Gardens Drive), which clearly identifies the area to pedestrians as being for public use and enjoyment (Planning & Zoning). 7) Prior to issuance of the first Certificate of Occupancy, the applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which matches the one approved for Downtown at the Gardens. This directory sign shall include a color map of the • entire lake plan, which indicates a "you are here" notation, all points of interest ( benches /gazebos/bridges /plazas /underpass /etc), and the boundaries of the PPAE. C 8) Prior to issuance of the first residential Certificate of Occupancy, the applicant shall complete the amenities parcel, including all landscaping associated with said parcel. If the amenities parcel and landscaping is not complete prior to the issuance of the first residential Certificate of Occupancy, the City shall cease issuing any new residential building permits until a Certificate of Occupancy / Completeness is issued for the amenities parcel (Planning & Zoning). 9) The applicant shall provide written disclosure to all future potential homebuyers that the amenities parcel, including landscaping, shall be completed prior to the issuance of the first residential Certificate of Occupancy 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 prior to issuance of the first building permit (Planning & Zoning, City Attorney). 10) The HOA documents shall include language that prohibits outdoor storage, including towels and clothes, on the balconies of each residential unit (Planning & Zoning). 11) Prior to issuance of the first Certificate of Occupancy, the applicant shall submit the homeowners' association documents for the City Attorney's and City Forester's review and approval (Planning & Zoning, City Attorney). Page 13 Date Prepared: March 2, 2006 Meeting Date: March l4, 2006 Petition: SP -05 -01 12) The applicant shall have the sole responsibility of implementing and installing the applicable • portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to issuance of the first Certificate of Occupancy for Phase H, applicable portion of said plan including all amenities shall be fully completed and installed, as approved by the City Council. All hardscape elements, which include benches, gazebos, pathways, and the bridge, shall match the lake plan elements approved by the City Council for Downtown at the Gardens (Planning & Zoning). 13) All windows and doors shall be hurricane impact resistant (Planning & Zoning). 14) Prior to issuance of the first building permit, the applicant shall install a six -foot high construction fence with a dark green or black privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage (Planning & Zoning). City Forester 15) Prior to scheduling for City Council, the applicant shall revise sheet LP -6 to reflect Italian Cypress as a non - preferred species, 2.325 acres of provided open space, and 10,128 required landscape points (City Forester). 16) Prior to scheduling for City Council, the applicant shall provide landscape plans for the reconfigured medians on Fairchild Gardens Avenue (City Forester). is 17) Prior to issuance of the first Certificate of Occupancy for each phase, the applicant shall install the applicable buffer in each phase, as reflected on Sheet C -19 (City Forester). City Engineer 18) Prior to the issuance of the first land alteration permit, the applicant shall provide a signed and sealed pavement marking and signage plan (City Engineer). 19) Prior to issuance of the first residential Certificate of Occupancy, the applicant shall fund 50% of the total cost of a traffic signal and required roadway improvements for the intersection of Kyoto Gardens Drive and Lake Victoria Gardens Avenue (City Engineer). 20) The applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe (City Engineer). 21) Prior to commencement of construction for each phase, the applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). 22) Prior to the issuance of the first land alteration permit, the applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the Page 14 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 City prior to the issuance of the first building permit (City Engineer). • 23 Prior to issuance of the first land alteration permit, the applicant shall provide a cost estimate for all other on -site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit (City Engineer). 24) The applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities (City Engineer). 25) Prior to the issuance of the first land alteration permit, the applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida (City Engineer). 26) Prior to construction plan approval, the applicant shall schedule a pre - permit meeting with City staff (City Engineer). 27) Prior to the issuance of the first land alteration permit, the applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida (City Engineer). • 28) Prior to the issuance of the first land alteration permit, the applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements (City Engineer). 29) The construction, operation, and/or maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of Gardens Pointe, it shall be the applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved (City Engineer). 30) Prior to the issuance of the first building permit, the applicant shall post a letter of credit for the model unit in the amount of one -third (1/3) the construction cost for the purposes of demolition and lien protection, to be determined by the City Engineer, to remain in effect until the plat is recorded (City Engineer). 31) No access by the general public shall be allowed to the model home or sales trailer until the Certificate of Completions are issued for both buildings (City Engineer & Code Enforcement). 32) No units shall be allowed to transfer title until the plat has been recorded (City Engineering). • Page 15 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 • 33) The applicant acknowledges that the waiver granted from the platting requirement is at the applicant's risk and that any potential construction changes to the model due to the eventual plat recordation is the sole responsibility of the applicant (City Engineering). 34) Prior to the issuance of the first Certificate of Occupancy for the model and sales trailer, the applicant shall construct accessible and operational fire hydrants and a stabilized road base, subject to City standards, for fire /emergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineering & Fire Department) Police Department 35) Metal halide lighting shall be used for all street, walkways, and parking garage lighting (Police Department). 36) Prior to issuance of the first Certificate of Occupancy for each phase, lighting locations and building addresses shall not conflict with landscaping, including long -term tree canopy growth. All light poles on -site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways (Police Department). 37) Prior to issuance of the first Certificate of Occupancy for each phase, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi- directional visibility from the roadway (when applicable), • shall consist of 12" numbers in height and shall be a different color than the color of the surface to which they are attached. The applicant shall provide a document that reflects a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5" X 11" ]nap format (Police Department). 38) Prior to issuance of the first Certificate of Occupancy for each phase, the applicant shall provide a timer clock or photocell sensor engaged lighting above or near townhouse entryways and adjacent sidewalks (Police Department). 39) Prior to issuance of the first Certificate of Occupancy for each phase, all mailbox locations shall be approved by the Police Department (Police Department). 40) Prior to issuance of the first Certificate of Occupancy, all residential units shall be target hardened to include pre -wiring for an alarm system; all residential and parking garage entry /exit doors equipped with a metal plate over threshold of locking mechanism; all residential and parking garage entry /exit doors shall have 180 degree peephole viewers; case hardened deadbolt locks on all residential and parking garage entry/exit doors with a minimum one -inch throw; security hinges on the interior side of each residential entry /exit door; solid core interior door leading into garage from residence shall be equipped with a single cylinder dead bolt lock; all elevator doors and two sides of each elevator shall consist of 100% impact resistant transparent glass, unless otherwise approved by the Police Department (Police Department). Page 16 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 41) Prior to issuance of a building permit, the applicant shall submit a photometric plan that • complies with Illumination Engineering Society of North America (IESNA) standards for both parking garages, subject to review and approval by the City Engineer (Police Department). • 42) Prior to issuance of the first Certificate of Occupancy for each tower, the applicant shall provide an access control system, utilizing a key pad or card system, for all elevator, stairwell, entry, and exits doors within the parking garage (Police Department). 43) Prior to issuance of the first Certificate of Occupancy for each tower, the Police Department shall approve the location of signs and graphics indicating exits, stairs, and elevators within the parking garage (Police Department). 44) Prior to issuance of the first building permit, the applicant shall work with the Police Department to develop a security plan for the parking garage, which shall include pre -wiring for the installation of a high resolution low lux color digital video system, with monitoring and photo processing picture or video printout capabilities (Police Department). 45) Prior to issuance of the first Certificate of Occupancy for each tower, the applicant shall install convex mirrors in the stairwells and in all elevators in locations approved by the Police Department (Police Department). 46) Prior to issuance of the first building permit, the applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non- compliance with the approved security and management plan may result in a stop -work order for the site (Police Department). 47) Prior to issuance of the first Certificate of Occupancy for each tower, the applicant shall install a video camera in all elevators, subject to the approved security plan (Police Department). 48) The clubhouse building and sales center shall be pre -wired for an alarm system and access to the clubhouse and pool area shall be restricted through the use of a key or security card (Police Department). 49) Prior to issuance of the first building permit for each parking garage, the applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department (Police Department). Miscellaneous 50) Prior to the issuance of the first building permit for each phase, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase (GIS Manager, Development Compliance Officer). Page 17 Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 51) At no time shall stacking of construction and/or service vehicles occur in a public right -of -way • (Planning & Zoning). • 52) The applicant shall be required to notify the City's Public Works Division via fax at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City. In the case of a city right -of -way, the property owner has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition may result in a stop work order of all work/construction activity within the public right -of -way and the subject site (Public Works). Page 18 • • Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 TABLE l EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND I-ISE Subject Property Vacant/Undeveloped Planned Community District (PCD) DRI/PCD (36.10 D.U. Per Acre) North Landmark Residential Development Planned Community District (PCD) DRI/PCD (37.05 D.U. Per Acre) South Kyoto Gardens Drive, Viridian Office Building, Laser & Surgery Planned Community District (PCD) DRI /PCD Center East Fairchild Gardens Avenue, Gardens Planned Community District (PCD) DRI/PCD Mall West Lake Victoria, Downtown at the Planned Community District (PCD) DRI/PCD Gardens Page 19 is • • Date Prepared: March 2, 2006 Meeting Date: March 14, 2006 Petition: SP -05 -01 TA 11 LE` 2 - CONSISTENCY NVITI-I THE CODE Code Requirement I Proposed Plan I Consistency Site Zoning = PCD/PO 240 Residential Condo units Yes Yes Minimum Site Area: 6.6 11,000 Minimum Site Width: 590' Yes 100' Maximum Building Height: 140' No- waiver requested 45' Maximum Lot Coverage: 21.32% Yes 35% Front Setback: 64' South Tower No — waiver requested for South 260 ` North Tower Tower Rear Setback: 20' North Tower No — waiver requested for North 355 South Tower Tower Side Street Setback: 40' North Tower No — waiver requested for North 140' 205 South Tower Tower Side Setback: 39' North Tower No — waiver requested for both 26' South Tower towers Minimum Parking Spaces: 514 Yes 498 Minimum Landscape Points: 12,802 points Yes 10,128 Minimum Required Open Space: 35% 35.02% Yes Page 20 • RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REALLOCATE THE ACREAGE OF PARCEL 7 TO PARCEL 2 IN EXCHANGE FOR OTHER CONSIDERATION SPECIFIED AT THE PUBLIC HEARING AND AGREED TO BY THE APPLICANT, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND -USE CONVERSION MATRIX AND GENERAL LAND -USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING • COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • These proposed amendments and additions to the PCD, Development Order, and Master • Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; • Revised on: March 14, 2002 Resolution 81, 2001 • These proposed amendments to the Development Order and the Master Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and • The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999, as amended by Resolution 25, 2000 and Resolution 36, 2001, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. 40 A. The revised Master Plan contained in the City's Planning & Zoning Division files and attached hereto as an Exhibit and incorporated herein by reference, is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. B. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, reallocate the acreage of Parcel 7 to Parcel 2 in exchange for other consideration specified at the public hearing and agreed to by the applicant, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #1of Resolution 96, 1999, to establish and adopt a land -use conversion matrix, conditions and approved land -use activities for the Neighborhood Commercial parcel, and general design and land -use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits "H," "A," "B," and "C" and Diagrams 1 and 2 attached hereto. • 2 is • Revised on: March 14, 2002 Resolution 81, 2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS I" DAY OF M N R c i.1 _,2002. ATTEST: BY CITY,CLER . APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 3 IT ATTORNEY' -� VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Ta1a1/DRI- PCD- 00- 01- cc -res • • AYE NAY ABSENT Prepared on: March 6, 2002 Resolution 81, 2001 l� u • EXHIBIT A TO RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and U and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. 1 Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA') including but not limited to, Exhibit Hand the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for RetaillOffice/Hotel (1), Office/HotellCommunity uses (2), or Research/Office/ Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any of in the Range of Ma*istam Floor Space Allocations on Exhibit H and restated below are no! exeseded; and provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H, except that the final configuration of Victoria Gardens Boulevard (north of Kyoto Gardens and south of Gardens Parkway, with intersections to remain as established by Exhibit H) shall be determined during the site plan review process: and provided further that if the Conversions Rates below are used for the development of retail, said retail development shall occur only on the property located south of Gardens Parkway, north of Kyoto Gardens Drive, east of Alt. Al A, and west of the water management tract. Further any such retail development shall be required to occur in substantial conformity with Exhibit C and Diagrams 1 and 2 of Resolution 81 -2001. Any site plan approval by the City shall be deemed consistent with Map H and Exhibit C to Resolution 81 -2001. Conversions shall be limited to parcels identified on the DRI Master Plan Exhibit H with a plus symbol C'+"). No conversions or site plan shall be finally approved by the City Council until the City Council approves the park improvements as described in item 8. of Exhibit C. The park improvements plan may proceed simultaneously with the consideration of a conversion and a site plan. The remaining 25,000 square feet of retail approved by Resolution 25.2000 shall be located on property south of Gardens Parkway, north of Kyoto Gardens Dive : east of Alt AIA. and west of the water manaizement tract identified on Exhibit H with an unfilled asterisk svmbol " 0 " ) PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To Intensity R & D Office Isf. Retail 0.435 sf Hotel I room Retail 248.742 sf Business Office I sf. Retail 0.545 sf Hotel I room Business Office 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE MINIMUM MAXIMUM Neighborhood Commercial 26,000s f 26.000 sf Regional Retail.Restaluant, Cinema L 440.000 sf 1,640,000s Office - Business 1.123.287 sf 1, 210.000 sf Office - Research Serivice n,4.40 sf 235 2 0 Hots 118 rooms/ 100,300 sf* 449 rooms /381:650 sP Residential 1.813 du/1.813.000 sP 1.813 du/1.813.000 sP TOTAL A. O27 sf 5.305.850 sf *Square footage numbers are established as an estimate and may vary from actual development. Room/unit counts will be the actual determinate of the use for both Hotel and Residential categories. All conversions require approval of the City Council through the site pan review process • Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regional Planning Council upon the filing of a development application with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. l\Ud+_ —rv."OL I\ COMMONVdM s\Rni..IC.M.DRr\27.12\dm-,Ei ti- i,- i,.d.022802. wpd LCC3S EXHIBIT B TO RESOLUTION 812001 • THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERNUTTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station • Personal Services Picture Framing Shoe Repair Video Rental and Sales • PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate AIA. 4. Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). \ \Uds_svver \V OL I \COMMONVobs\R4 onal CenterDRrQ7.12\N6 ghborhoodCommerdalUsmEO22502.wpd LCC35 EXHIBIT C TO RESOLUTION 812001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT II RETAIL CONVERSION REQUIREMENTS • Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: 1. Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free - standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. 3. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free - standing fast food restaurants and free - standing pharmacies /drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. 4. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor searing, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. • 5. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. 6. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. 7. A building permit for a stadium seating multi - screen theater, no less than 55,000 square feet and no less than 2600 seats, shall be included within the first 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. 8. The Victoria Gardens Boulevard extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that create a unified sense of place for the entire park area as defined by Exhibit H, the DRI Master Plan. Common themed materials (color, logo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens, and Gardens Parkway and San Cristobal/Fairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20 -acre park function and purpose. The signage program shall be designed to raise public • awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. \ \Uds server \VOLI\ COMMONU obs\ RegionaICenterDRA27. 12\ RetailconversionExC .Reso812001.revised.022802f.wpd LCC33 n w h i wo z. oF- Z2z 'w a� zF i� a a a IIVW SN3aaVD F- ul Q H lal N E T m u d * CO O U y � H p e r Z O W a _ o 71 O Q. O d u C O U b ** * * * * ** ** * * z nQ. ON aR�� 6 G P�0 V w lL \P z Ja d 0 z Y Q a .,,I "k wz, �Nn W-A i 00 EA - - .p U �IlVd 3AIN0 1NVld and NJIS30 N WELLVNS Fps u.L1�151s3 —-- - - - - -- -- -race d6aCr �ffiT--- - - - - -- S J �•�18 \`�\ \ \ 4 6 y. gg 6 qI g - m \ a ��C KLDF.. Fps u.L1�151s3 —-- - - - - -- -- -race d6aCr �ffiT--- - - - - -- S Prepared: April 27, 2004 • 1 RESOLUTION 105, 2004 2 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING RESOLUTION 96, 1999, 6 THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR 7 THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT 8 (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); 9 AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR 10 MODIFICATIONS TO THE CONVERSION MATRIX TO ALLOW THE 11 CONVERSION OF HOTEL ROOMS AND BUSINESS AND RESEARCH 12 OFFICE TO NO MORE THAN 238 MULTI - FAMILY RESIDENTIAL 13 UNITS ON PARCEL 27.09 AND TO MODIFY THE ESTABLISHED 14 MINIMUM THRESHOLDS FOR THESE USES WITHIN THE DRI /PCD; 15 AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS 16 RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY 17 AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, 18 PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY 19 OWNER'S ASSOCIATION, INC., AND THE MALL RESIDENCE HOTEL, 20 LLC; AND PROVIDING AN EFFECTIVE DATE. 21 22 WHEREAS, the City Council has received an application from The Mall Residence •23 Hotel LLC to adopt an amended Master Plan and Development Order of the Regional 24 Center; and 25 26 WHEREAS, the Planning and Zoning Commission has reviewed the Development 27 Application and has recommended approval of the proposed amendments; and 28 29 WHEREAS, the City Council has reviewed and considered the Development 30 Application, the Proposed DRI Development Order, the proposed amendments, the 31 proposed Master Plan, the recommendation of the Planning and Zoning Commission, and 32 such other information and testimony presented to it with regard to this Application; and 33 34 WHEREAS, the City Council has held a public hearing on this matter and makes the 35 following findings of fact and conclusions of law, based upon substantial, competent 36 evidence: 37 38 1. These proposed amendments and additions to the PCD, Development Order, 39 and Master Plan are consistent with the Comprehensive Plan of the State of 40 Florida and Chapter 380, Florida Statutes. 41 42 2. These proposed amendments to the Development Order and the Master Plan 43 do not constitute "substantial deviations" from the terms of the Development 44 Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this 45 application does not require further development of regional impact review. 0 46 Date Prepared: April 27, 2004 Resolution 105, 2004 • 1 3. The amendment and additions to the PCD, Development Order, and the Master 2 Plan are consistent with the Comprehensive Plan and the Land Development 3 Regulations of the City of Palm Beach Gardens. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF PALM BEACH GARDENS, FLORIDA that: 7 8 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9 10 SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. 11 12 All provisions of Resolution 96, 1999, as amended by subsequent resolutions, shall 13 remain in full force and effect to the extent not expressly modified herein. 14 15 SECTION 3. REVISED MASTER PLAN. 16 17 A. The revised Master Plan contained in the City's Planning & Zoning Division 18 files and attached hereto as "Proposed Exhibit H —The Regional Center, Proposed 19 NOPC 11.03.03" is adopted as the official Master Plan for the Regional Center DRI 20 21 B. The Master Plan is specifically revised to amend the land use conversion 22 matrix to allow the conversion of Hotel Rooms, Business Office, and Research and •23 Development Office square footage to no more than 238 Multi - family Residential 24 dwelling units on Parcel 27.09, and to modify the required minimum and maximum 25 thresholds in the Range of Floor Spaces Allocation for Land Uses Chart on Map H 26 to reflect a reduction of the minimum thresholds for: 27 28 Business Office from 1,043,287 to 985,695 square feet (reduction of 57,592 29 square feet); 30 31 Research and Development Office from 73,440 to 71,032 square feet (reduction 32 of 2,408 square feet); 33 34 118 hotel rooms to zero rooms; and 35 36 Increasing the maximum number of residential units allowed for the DRI from 37 1,813 to 2,051 dwelling units (increase of 238 units). 38 39 C. The maximum height of any building on Parcel 27.09 shall be 140 feet. 40 41 SECTION 4. TRANSMITTAL OF RESOLUTION. 42 43 The City Clerk shall immediately transmit certified copies of this Development Order 44 by certified mail to the Florida Department of Community Affairs, the Treasure Coast 45 Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Hotel LLC. 46 Association, Inc., and the Mall Residence H 0 2 101 2 3 4 5 6 7 8 9 10 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 Ll Date Prepared: April 27, 2004 Resolution 105, 2004 SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 1*7T'' day of -.Mrt- ATTEST: BY:� %�- "'Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY CITY OF P 2004. I ARDENS, FLORIDA Eric J bli Mayor AYE NAY ABSENT G: lattorney_share\RESOLUTIONSImall residence hotel doa -reso 105 2004.doc 3 Date Prepared: September 6, 2005 1 RESOLUTION 120, 2005 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 6 SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS 7 LOCATED WITHIN THE REGIONAL CENTER DRI /PCD, AS DESCRIBED 8 MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS 9 OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE 10 IMPROVEMENT PLAN, REMOVING THE CHILDREN'S GARDEN; 11 MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH 12 THE NEWLY- APPROVED ARCHITECTURAL THEME; REMOVING THE 13 VIDEO WALL SIGN; ADDING A RIGHT -OUT EXIT POINT ONTO 14 GARDENS PARKWAY; ADDING UNUSED REMAINING DRI 15 ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE 16 SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR 17 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, 22 and the City's Land Development Regulations, is authorized and empowered to consider 23 petitions related to zoning and land development orders; and is WHEREAS, the City received petition SP -05 -05 from Cotleur Hearing, agent for Menin 26 Development, for an amendment to the site plan approval for the Downtown at the Gardens 27 project on the approximately 35 -acre site located within the Regional Center Development of 28 Regional Impact (DRI) and Planned Community Development (PCD), as more particularly 29 described herein, to modify certain conditions of approval; modifying the Lake Improvement 30 Plan by deferring the installation of the bridge and raised stage to November 10, 2006; 31 removing the children's garden; modifying the hardscape and landscape to coincide with the 32 newly- approved architectural theme; removing the approved video wall sign; adding a right - 33 out exit point onto Gardens Parkway from the second garage floor to be approved 34 administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of 35 office space to the project; and to include a request for five (5) additional waivers; and 36 37 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with 38 an underlying zoning of Commercial and Office; and 39 40 WHEREAS, the subject site is part of the Regional Center DRI approved by 41 Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and 42 43 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, 44 and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4 -3; 45 and 46 r __1 i_J Date Prepared: September 6, 2005 Resolution 120, 2005 1 WHEREAS, the City Council has considered the evidence and testimony presented by 110 the Applicant and other interested parties and the recommendations of the various City of 3 Palm Beach Gardens' review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in the 6 best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin 13 Development, is hereby APPROVED for the Downtown at the Gardens project on the 14 approximately 35 -acre site located within the Regional Center Development of Regional 15 Impact (DRI) and Planned Community Development (PCD), as more particularly described 16 herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by 17 deferring the installation of the bridge and raised stage to November 10, 2006; removing the 18 children's garden; modifying the hardscape and landscape to coincide with the newly - 19 approved architectural theme; removing the approved video wall sign; adding a right -out exit 20 point onto Gardens Parkway to be approved administratively by staff; and adding unused 21 remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject 22 to the conditions of approval contained herein, which are in addition to the general 23 requirements otherwise provided by ordinance: 6 LEGAL DESCRIPTION: 26 27 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA 28 GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, 29 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 30 31 Land -Use: 32 33 1. Retail use other than quality or specialty restaurant use shall be a part of a 34 multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of 35 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 36 (Planning & Zoning) 37 38 2. Discount department stores as defined by the City's Land Development 39 Regulations shall be prohibited on the subject site, unless approved by the City 40 Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the 41 Regional Center DRI. (Planning & Zoning) 42 3. Freestanding fast food restaurants and freestanding pharmacies/ drugstores 43 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 44 Order of the Regional Center DRI. (Planning & Zoning) 45 46 4. A building permit for the multi- screen theater, no less than 55,000 square feet 47 and no less than 2,600 seats, shall be included within the first 100,000 square 0 feet to be built by the Applicant. No more than one building permit shall be 2 Date Prepared: September 6, 2005 Resolution 120, 2005 1 issued for the entire project prior to issuance of a building permit for said theater. Said theater shall be diligently constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional 4 Center DRI. (Planning & Zoning, Building) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 lrI 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall comply with Section 78 -262 of the City Code dealing with Art in Public Places. The Applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendation to the City Council on any proposed art on site. (Planning & Zoning) 67. The applicant of the subject development shall have the sole responsibility of implementing and installing the lake improvement plan as reflected in Exhibit "C" of this Reselut+ea on the Lake Area Site Plan, dated September 9, 2005, and prepared by Cotleur Hearing, attached hereto. Prior to the issuance of the first Certificate of Occupancy, the that portion of the lake improvement plan adjacent to Downtown at the Gardens development and for which said development is responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed, a6 approved by the City Geuosil. The pedestrian bridge and the performance stage on the west side of the lake shall be completed no later than November 10, 2006, by the owner of Downtown at the Gardens. The remaining two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later November 10 2006 unless prior to that date the owner transfers the responsibility for the improvements to the respective property owners with frontage on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Any major modification to any element of the lake improvement plan must be approved by the City Council. (Planning & Zoning) 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) 89. The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning & Zoning) 3 . _ .. -_ .. . -_ •- - 67. The applicant of the subject development shall have the sole responsibility of implementing and installing the lake improvement plan as reflected in Exhibit "C" of this Reselut+ea on the Lake Area Site Plan, dated September 9, 2005, and prepared by Cotleur Hearing, attached hereto. Prior to the issuance of the first Certificate of Occupancy, the that portion of the lake improvement plan adjacent to Downtown at the Gardens development and for which said development is responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed, a6 approved by the City Geuosil. The pedestrian bridge and the performance stage on the west side of the lake shall be completed no later than November 10, 2006, by the owner of Downtown at the Gardens. The remaining two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later November 10 2006 unless prior to that date the owner transfers the responsibility for the improvements to the respective property owners with frontage on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Any major modification to any element of the lake improvement plan must be approved by the City Council. (Planning & Zoning) 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) 89. The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning & Zoning) 3 Date Prepared: September 6, 2005 Resolution 120, 2005 1 94-0. Uses shall be limited to the list attached hereto as Exhibit "E." The Applicant 406 must receive approval by the City Council for any use that is indicated as a 3 conditional use, prior to the issuance of a building permit for those tenant 4 improvements. (Planning & Zoning) 5 1344. The Applicant shall ensure that the video sign located within the courtyard of 6 1044. Within sixty (60) days of the effective date of this Resolution, the Applicant will 7 submit an "Operating Agreement" in a form acceptable to the City Attorney 8 between the City and the Applicant, establishing the management and use of the 9 Lake Park, including the plaza areas located east of Victoria Gardens Drive. The 10 Operating Agreement will define such items as allowable uses, programming of 11 events, public access, enforcement, and maintenance and will include provisions 12 for review and modification. The Operating Agreement must be approved by the 13 City Council prior to the issuance of the first building permit. (Planning & Zoning, 14 City Attorney) 15 16 114. Prior to the issuance of any development permits, the Applicant shall obtain all 17 necessary approvals and permits from NPBCID to facilitate the redevelopment of 18 the lake tract (Park), including the necessary transfer of properties to the City of 19 Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City 20 Engineer, City Attorney) 21 22 124-3. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the 23 project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be 4 utilized within the lakefront plaza area of the project, on site only. All mobile site 406 amenity / sales kiosks shall remain out of view from Alternate A1A at all times. (Planning & Zoning) 27 28 1344. The Applicant shall ensure that the video sign located within the courtyard of 29 the site is not visible from any public right -of -way, parking lots, or residential 30 district, per Section 78 -289 of the City Code. (Planning & Zoning) 31 32 1445. The on- street parking within the Victoria Gardens Avenue right -of -way shall be 33 free of charge and must not be assigned to any specific tenant on site. (Planning 34 & Zoning) 35 36 154-6. The proposed awnings shall be of solid color and striped awnings shall not be 37 permitted within the subject site. (Planning & Zoning) 38 39 164-7. If shopping carts are to be used on site, shopping carts corrals shall be 40 provided by the Applicant and shall be screened from view by means of a wall 41 and substantial landscaping. The corrals shall be constructed of solid walls and 42 of materials compatible with the primary structures approved on site. (Planning & 43 Zoning) 44 45 1745. Shopping carts shall not be allowed to accumulate in any outside area, and 46 shall be removed from cart corrals in a timely manner and relocated to storage 47 areas inside building structures. (Planning & Zoning) is 4 Date Prepared: September 6, 2005 Resolution 120, 2005 184-9. Within thirty (30) days of the effective date of this Resolution and subject to 40 Planning and Zoning staffs approval, the Applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom 4 areas on the first floor of the subject site. (Planning & Zoning) 5 6 Energy Conservation: 7 8 1929. Prior to construction plan approval, potable water conservation devices shall 9 be incorporated into project buildings, per Condition 12 of the Development 10 Order of the Regional Center DRI. (City Engineer) 11 12 2024. Prior to construction plan approval, energy conservation measures identified 13 in the Application for Development Approval (ADA) shall be implemented, per 14 Condition 24 of the Development Order of the Regional Center DRI. (City 15 Engineer) 16 17 2122. Prior to construction plan approval, the subject project shall comply with the 18 energy plan established by the Property Owners Association Architectural 19 Review Board for the Regional Center DRI, per Condition 25 of the 20 Development Order of the Regional Center DRI. (City Engineer) 21 22 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall 23 demonstrate that a full line of energy- efficient appliances and equipment will 4 be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) 27 Landscaping and Environment: 28 29 2324. Prior to the issuance of a clearing permit, the Applicant shall coordinate an 30 on -site meeting with the City Forester to confirm that existing and proposed 31 landscaping, as reflected on the proposed landscape plan, effectively screens 32 all parking areas from Alternate A1A, while remaining in compliance with 33 CPTED principles incorporating view corridors for security purposes. (City 34 Forester) 35 36 2425. Prior to any land alteration, all Gopher tortoises shall be relocated from the 37 subject site to an acceptable alternate site approved by the City Forester. 38 (City Forester) 39 40 2526. The Applicant shall, in a cooperative effort, work together with the Police 41 Department to implement, to the maximum extent possible, the CPTED 42 recommendations contained in the CPTED report prepared by Paul Urschalitz 43 and stamp dated by the City December 9, 2002. (Police Department) 44 45 Engineering: 46 47 2627. Prior to the issuance of the first building permit, the Applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 Date Prepared: September 6, 2005 Resolution 120, 2005 2728. Prior to the issuance of the first building permit, the Applicant shall provide a 46 letter of authorization from the appropriate utility owners allowing the Applicant 3 to pave, landscape, and place stormwater management features, buildings, 4 etc., within their respective utility easements. (City Engineer) 2829. Prior to the issuance of the first building permit, the Applicant shall identify handicap ramps on the plans at all applicable locations. The Applicant shall provide ramp detail(s) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) 2930. The Applicant shall maintain a minimum vertical height clearance of 13'6" for the covered drop -off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) 15 3034. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens 16 Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed 17 and accepted by the City. Construction of said roadway shall commence prior 18 to or simultaneously with the first building permit for vertical construction to be 19 built and diligently constructed without delay until complete, per Exhibit C of 20 Resolution 81, 2001 of the Development Order of the Regional Center the 21 DRI. (Planning & Zoning, City Engineer) 22 23 3132. Prior to the issuance of the first building permit, all surface water 7 five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise management system elements consistent with the Unit 19 Conceptual Permit 40 Modification issued by SFWMD shall be substantially completed in accordance 26 with the construction - phasing plan and accepted by the City. The Applicant 27 shall provide a phasing plan, construction plan, and supporting calculations for 28 review and approval by the City, NPBCID, and SFWMD that certifies all 29 phases of the surface water management system construction shall be 30 equivalent to the Unit 19 Conceptual Permit. (City Engineer) 31 32 3230. Prior to issuance of the first building permit, the Applicant shall submit to the 33 City for review and approval a boundary re -plat and record said plat in the 34 public records of Palm Beach County. (City Engineer) 35 36 3334. The Applicant shall submit, at its cost, an annual parking study to determine 37 actual parking demand at the site. The observed demand will be compared to 38 the actual supply to determine if the provided parking supply is adequate to 39 accommodate existing demand, plus expected demand generated by the uses 40 that have not yet been issued certificates of occupancy. This calculation will 41 include an appropriate buffer between parking supply and demand as 42 recommended by either the Institute of Transportation Engineers, Urban Land 43 Institute, or other recognized published traffic engineering organizations or 44 resources. The first annual parking study must be submitted when Certificates 45 of Occupancy for 80% of the project's approved square footage have been 46 issued. The parking study will be performed on an annual basis for a period of 7 five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise Date Prepared: September 6, 2005 Resolution 120, 2005 46 methodology shall be agreed upon by both the Applicant and the City staff at the time the study is initiated. At a minimum, the study is to be performed 3 during the peak season and during the peak operating hours on a Thursday, 4 Friday, and Saturday (with the exception of the Christmas and Thanksgiving 5 holidays), or as determined by the Growth Management Director. (City 6 Engineer) 7 8 3435. Should the parking study conclude that the available on -site parking is 90% 9 or more occupied, then the Applicant shall provide a permanent (perpetual) 10 solution to increase parking supply for the project that can include the 11 construction of a second parking garage as shown on the alternate site plan 12 referenced herein and attached hereto as Exhibit "D ", or other viable 13 alternative means as approved by City Council. When the on -site parking is 14 determined to be 90% or more occupied, the shared parking study provided by 15 the Applicant shall be considered null and void, and the Applicant shall 16 construct the required parking based on the number of spaces recommended 17 by the above - referenced parking study, or as otherwise determined by the City 18 Council. (City Engineer) 19 20 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall 21 transfer to the City any surety for completed public improvements and post 22 additional surety as necessary to secure 110% of the cost of construction of 23 the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard. The City shall not release any surety posted by the Applicant for public improvements and the additional surety to be paid by 26 the Applicant after completion of said improvements for a period of five (5) 27 years from the date the subject development receives a Certificate of 28 Occupancy of 80% of the approved square footage for the subject site. 29 (Planning & Zoning) 30 31 363-7. Construction of the second parking garage located on the west side of the 32 entrance off of Gardens Parkway Boulevard, or provision of additional parking 33 spaces by a permanent (perpetual) alternative means for the project as 34 defined in Conditions 34 and 35, shall be completed within one (1) year of the 35 determination that the on -site parking is 90% occupied. (City Engineer) 36 37 3738. If the second parking garage is not completed as determined by the issuance 38 of the certificate of completion within one year of the determination that the on- 39 site parking is 90% occupied, then no additional Certificates of Occupancy or 40 tenant occupational licenses shall be issued until said parking garage is 41 completed. (Planning & Zoning, City Engineer) 42 43 3839. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 44 construct all of the required improvements referenced in the traffic analysis for 45 the project prepared by Kimley -Horn & Associates, Inc., dated May 2003. (City 46 Engineer) 7 7 Date Prepared: September 6, 2005 Resolution 120, 2005 3949. The Applicant shall grant to the City a temporary construction easement 20 40 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 4 access to a public roadway, as reflected on the "Alternate Site Plan," Exhibit 5 "D," attached hereto. Said easement shall be conveyed to the City by a 6 separate instrument within thirty (30) days from the date the City Council 7 approves the additional parking spaces as determined in Conditions 34 and 35 8 above. 9 10 Police: 11 12 4044. Lighting locations shall not conflict with landscaping, including long -term tree 13 canopy growth. (Police) 14 15 4142. All lighting for parking lots and pedestrian walkways shall be metal halide. 16 (Police) 17 18 4243. Non -glare building lighting shall be installed around perimeter on all sides and 19 on pedestrian walkways. (Police) 20 21 4344. All entry signage shall be lighted. (Police) 22 23 4445. The Applicant shall provide timer clock or photocell lighting for nighttime use 4#6 above or near entryways and all exits, including emergency exits. (Police) 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 27 provide to the City details of the commercial numbering system for emergency 28 response purposes in an 8 %" X 11" map format. (Police) 29 30 4647. Numerical addresses shall be illuminated for nighttime visibility and not 31 obstructed, have bi- directional visibility from roadways, be unobstructed, and be 32 placed at front and rear of business. (Police) 33 34 4749. All ATMs on site shall comply with Section 655.960 -965, Florida Statutes, 35 relating to ATMs. (Police) 36 37 4845. All structures shall be target- harden to include buildings pre -wired for an alarm 38 system; doors equipped with a metal plate over the threshold of the locking 39 mechanism; rear doors have 180 - degree peephole viewers; and perimeter doors 40 equipped with hinges that utilize non - removable hinge pins. (Police) 41 42 4950. The lighting design for the two (2) parking structures shall incorporate both 43 vertical and horizontal luminance; provide lighting into the edges of parking stalls 44 and over parked vehicles; provide vandalism resistant lighting fixtures; provide 45 metal halide; provide lighting fixtures positioned to minimize glare; and provide 46 lighting fixtures around the exterior of both structures. (Police) 47 it 5054. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) 8 Date Prepared: September 6, 2005 Resolution 120, 2005 5153. All elevators shall be equipped with emergency two -way communication. 3 (Police) 4 5253. Elevators shall not be equipped with stop buttons. (Police) 5 6 5354. The Applicant shall work with the Police Department to develop a high- 7 resolution digital closed- circuit security system with recording and photo 8 processing picture or video printout capabilities. The system shall be designed to 9 include a minimum of twelve (12) digital cameras, with the ability to be expanded 10 if warranted by mutual agreement between the Applicant and the Police 11 Department. Forty -five (45) days following the opening of the theater, the 12 Applicant will conduct an on -site meeting with the Police Department for the 13 purpose of confirming the most effective camera locations. The system shall be 14 installed and fully operation within four (4) months of the opening of the theater. 15 (Police) 16 17 5455. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be 18 installed in all stairwell and elevator areas. (Police) 19 20 55. At the discretion of the Growth Management Administrator and with the approval 21 of the City Engineer, a Certificate of Occupancy for Building K. also referred to as 22 "Whole Foods," may be issued in advance of completing all Site and Lake Area 23 Site Plan improvements required by this Development Order. (Planning & Zoning) 4#6 56. Per Section 78 -324 of the City's Land Development Regulations, within six (6) 27 months from the effective date of this Resolution, the Applicant shall install all 28 landscaping associated with the center island medians and road shoulder on 29 Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the 30 approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3) 31 month extension by the Growth Management Administrator, provided the 32 Applicant has demonstrated progress in the completion of the landscaping. 33 (Planning & Zoning) 34 35 57. Simultaneously with the installation of the Alternate A1A roadway landscaping, 36 the Applicant shall remove the existing sidewalk and install the meandering 37 sidewalk adjacent to Alternate AM from Gardens Boulevard to the site 38 ingress /egress off of Alternate A1A. (Planning & Zoning) 39 40 58 Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 41 install all buffers along AM Gardens Boulevard, and Kyoto Gardens Drive, and 42 the west side of the Lake Area Site Plan. (Planning & Zoning) 43 44 59 The Applicant shall copy to the City all permit applications permits certifications, 45 and approvals. (City Engineer) 46 47 60. 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 any time during the project development it is determined 9 Date Prepared: September 6, 2005 Resolution 120, 2005 1 4 5 6 61. by the City 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 prior to additional construction activities in a period of time and a manner acceptable to the City. (City Engineer) The Applicant shall comply with all Federal Environmental Protection Agency 7 (EPA) and State of Florida Department of Environmental Protection NPDES 8 permit requirements, including, but not limited to, preparation of a stormwater 9 pollution prevention plan and identification of appropriate Best Management 10 Practices, as generally accepted by the EPA and /or local regulatory agencies, for 11 construction activities: submission of a Notice of Intent to EPA or its designee: 12 implementation of the approved plans; inspection, and maintenance of controls 13 during construction: and submission of a Notice of Termination. (City Engineer) 14 15 16 17 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 18 approves the following waivers: 19 20 1. Section 78- 344(I)(1)a, Standard Space, to allow for a 9.5 -foot parking stall width 21 for the two (2) parking garages 22 and all surface parking areas on site. 23 4 2. Section 78 -153, Maximum Building Height, to allow for a height of 45 feet for two (2) story buildings, 62 feet for the theater building, and 75 feet for the arch 6 feature. 27 28 3. Section 78- 344(e), Wheel Stops, to allow for head -to -head parking spaces by 29 eliminating the wheel stops. 30 31 4. Section 78- 319(a)(1), Landscape Buffer Width, to allow a zero (0) foot buffer 32 along Victoria Gardens Drive. 33 34 5. Section 78- 320(a)(4), Foundation Planting, to allow no foundation planting by 35 entrances and service areas. 36 37 6. Section 78 -153, Street Side Setbacks, to allow for a zero (0) foot setback 38 adjacent to Victoria Gardens Drive. 39 40 7. Section 78 -147, Outdoor Sales, to allow for up to seven (7) kiosks on site. 41 42 8. Section 78 -285, Permitted Signs, to allow for six (6) tenant signs for Building A, 43 one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1) 44 tenant sign for Building M2; and four (4) project logo signs...; one (1) additional 45 tenant sign on the north elevation for Building K: two (2) additional signs on the 46 bridge between Buildings A and B/C (facing north and south); three (3) additional 47 signs on Building B/C (two (2) facing northeast and one (1) facing south); two (2) additional signs on Building D/E (facing north and southeast); two (2) additional 10 Date Prepared: September 6, 2005 Resolution 120, 2005 signs on Building G/H (facing east and south): and one (1) additional sign on Building I/J (facing north).. 3 4 9. Section 78 -341, Intent, to allow for on- street parking along Victoria Gardens 5 Drive. 7 10. A waiver from Section 78 -285 of the City's Land Development Regulations to 8 permit seven (7) additional project identification signs located at four (4) different 9 buildings within the project, as depicted in the Master Signage Plan. 10 11 11. A waiver from Section 78 -285 of the City's Land Development Regulations to 12 permit letter heights of 42 66 inches for one (1) principal tenant sign for the 13 theater on the west elevation of the project.. and 42 inches for two (2) principal 14 tenant signs on the bridge connecting to the theatre building. 15 16 12. A waiver from Section 78- 315(b) of the City's Land Development Regulations to 17 permit more than nine (9) parking spaces between landscape islands in areas 18 along Alternate A -1 -A. 19 20 13. A waiver from Section 78- 313(e) of the City's Land Development Regulations to 21 permit less than 100% screening for service court areas from public view. 22 23 14. A waiver from Section 78- 319(b)(4) of the Citv's Land Development Regulations to permit the project's landscape type to be less than the required threshold of 406 75% of the City's preferred plant list. 27 SECTION 3. This site plan amendment approval shall be in compliance with the 28 following plans on file with the City's Growth Management Department: 29 30 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised Mareh10 31 2003 September 1, 2005, Sheet 1. 32 33 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 20 September 12, 34 2005), Sheet 4 ( September 12, 2005), and Sheet 5 35 ( revised May 22, 2003 September 12, 2005). 36 37 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 203 July 6, 2005, 38 Sheets 6 and 6.1. 39 40 4. Site Details, by Cotleur Hearing, revised jaRUaFy 28, 2003, September 12, 2005, 41 Sheet 7. 42 43 5. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised April 144 44 2003 September 12, 2005, Sheets 14 and 15. 45 46 6. 4'�' CIG ^r DlaR 7"d FIOOF Plan, CleeF Rl n F=-xteFwE)F Ele 4/a iiORS MISC. F=Xte� 7 Data +46; 1-&' , SheetG A 1.1 A-6.1, and RG 1 and PG 2, reviGed NevembeF 15, 2002 (A 1.1 11 12 Date Prepared: September 6, 2005 Resolution 120, 2005 Second Level Floor Plan Bldgs. B/C and DIE Sheets A.2.13.2. and A2.D2., Floor 40 Plan Bldgs. G/H and I/J by JPRA Architects dated December 20, 2004, Exterior Elevations by JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 4 Pages) dated February 11, 2005. 5 6 7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated 7 A""'0 83 October 31, 2004. 8 9 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1 -9. 10 11 9. Master Sign Plan, by GemmAFU, JPRA Architects, dated NeyembGF 15, 12 jURG 01, 2 Sheets 1- 3.1-7. 13 14 10. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 15 22, 2003. 16 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur 17 Hearing, Sheets 1 —15, revised QGteber 23, 2003 September 12, 2005. 18 19 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, 20 Architectural Drawings, Building Signage Program, and East Garage, by OGS &P, 21 Sheets A1.1, A2.1, A -3.1, A -4.1 — A -4.4, A -5.1, A -6.1, and PG -1, dated 22 September 29, 2003. 23 13 Landscape Plan by Cotleur Hearin-q, revised September 12 2005, Sheets 8 and 40 9. 27 14 Landscape Plan Courtyard Enlargements by Cotleur Hearing, revised 28 September 12, 2005, Sheets 10 and 11. 29 30 15 Lake Area Landscape Plan by Cotleur Hearing revised September 12, 2005, 31 Sheet 12. 32 33 16 Landscape Details by Cotleur Hearing revised September 12, 2005, Sheet 13. 34 35 SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly 37 modified herein shall remain in full force and effect. 38 39 SECTION 5. This Resolution shall become effective immediately upon adoption. 40 41 42 (The remainder of this page left intentionally blank) 43 44 45 46 47 • 12 is 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r•1• L 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 r Date Prepared: September 6, 2005 Resolution 120, 2005 PASSED AND ADOPTED this o2P day of - WrewlBeA '2005. CITY OF PALM BEACH GARWNSJLORIDA ph R. Russo, Mayor ATTEST: BY: xa Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY ✓ COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT ✓ — \ \PbgsfileWttorney\ attorney _share \RESOL LIT ION S \d own town at the gardens - reso 120 2005.doc 13 0 • • OEllTJ INS 4 @ Je r J Ig p �� b K Downtown �4t The Gardens u u� z = =mot: 1 L v'..y 1 - s rJl Rew� GARDENS BOULEVARD '.— }n$ 199 A 1 • r i I � \,, '`• tee - - - -- f• i i • • U f h , H 1• `\ I it tilt 4 • R � 2 i Ji 1,1� p K Downtown �4t The Gardens � c� K . R -� Merin Deve /o meet Company CITY OF PALM BEACH GARDENS CITY COUNCIL • REGULAR MEETING June 17, 2004 The June 17, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Clark, Councilmember Delgado, and Councilmember Levy. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported Cotleur & Hearing had requested an addition, which was a waiver request for Borland Center and RAM Development to reduce the 23 -day time requirement between hearing by the Planning, Zoning and Appeals Board and the first consideration by City Council. Deletion was requested of Resolution 138, 2004. Councilmember Clark moved approval of the additions and deletions as read into the record by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS / PRESENTATIONS: Beautification and Environmental Awards - City Forester Mark Hendrickson introduced Donna Wisneski, Chair of the Community Aesthetics Board, formerly Beautification and Environmental Committee, who recognized other members of the committee and presented the awards. Recipients were PGA Commons for commercial, Frenchman's Reserve for residential. • Economic Development Oversight Committee — Dolores Key, Economic Development & Marketing Administrator, reviewed the first year accomplishments of the committee, which included identification of growth areas within the City and a targeted expedited permitting program, which had been instituted for business applications. The committee submitted recommendations regarding the Scripps project. Ms. Key reported that the committee had been designated to be an advisory board, and recognized the committee members. Vice Mayor Russo thanked Ms. Key, the City Manager, and other staff for their work. Ms. Key introduced the team who had attended Bio 2004, an international convention, which provided contacts of companies interested in the Scripps project. Other staff members reported the amazing response experienced for the project at the convention. Quarterly Financial Report — Financial Director Allan Owens provided the quarterly financial report for the period ending March 31, including the general fund revenue and expenses, and performance of various funds. Workers comp claims were down and bonds for stormwater were in place; and other debt had been paid. New audit reporting requirements were in process. Proposed County Annexation Referendum - City Attorney Christine Tatum presented a draft of the County's ordinance and explained that a workshop meeting was scheduled for the next week. The County would develop a map containing future annexation areas for all the cities; and proposed rural communities could only be annexed by a super majority vote of the County Commission and a referendum. The City's response would urge the County not to establish this proposed referendum. Mayor Jablin reported he and Growth Management Administrator Charles Wu had attended a meeting regarding this at Juno Beach where isseveral municipalities objected to this initiative. Councilmember Delgado reported Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 2 • Beach County League of Cities representatives from the whole county had put together resolutions of opposition. Vice Mayor Russo expressed concern that some form of control must be instituted before development in the groves, because of traffic concerns. Mr. Wu indicated this was a heavy- handed approach, and there should be another avenue for a solution. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported as a representative of Treasure Coast Regional Planning Council, she had invited staff to attend meetings of the Council regarding the Scripps project, and listed highlights of the work done to date. Councilmember Levy reported he had attended a meeting at the high school regarding the Scripps property, where contentious remarks were made because of environmental concerns. Councilmember Levy explained that the current use of chemicals in the orange groves was a more dangerous situation than would exist after development because stormwater runoff could be treated before it left the property after development. Vice Mayor Russo requested a report at the next meeting of the money the City had spent on the Vavrus property in case the upcoming closing did not take place. Councilmember Clark reported MPO had met that day and had voted to authorize DOT to consider various alternatives to extend State Road 7 northward to Northlake Boulevard. Proposed bike lanes had also been discussed at length, and the proposed plan for the Delray Beach area had been approved. Councilmember Clark requested time at the end of the meeting to discuss another matter. CITY MANAGER REPORT: Acting City Manager Jack Doughney reported City Manager Ferris was back a couple of hours each day and was also in contact via computer and was listening to this meeting. Mr. • Doughney commended the Scripps team. Mayor Jablin also extended compliments to the team. Jim Jacoby was thanked for delivering the Right of Way Deed to Kyoto Gardens Drive that day. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, reported she had attended the Scripps meeting, and had been proud to be a resident, and commented this project would affect the City positively. Carol Estrada, 309 Riverside Drive, thanked the City for the progress being made on MacArthur Boulevard, commented on graffiti, and requested a detour sign at Lighthouse Drive and Alternate AIA. Mayor Jablin reported the graffiti had been painted out immediately. Vito DeFrancesco, 1049 Shady Lakes Circle, reported developers requested something and laws were being changed to accommodate them. Mr. DeFrancesco advised there was an upcoming proposed change in liquor licenses, proposed deletion of two public hearings, and the upcoming items to be considered by Planning and Zoning had been removed from the website, which had been a tool for residents to know what was coming up. Mr. DeFrancesco requested that information be placed back on the website. Mr. DeFrancesco thanked Councilmember Clark for his work on the Council, and also all the other Council member's. Attorney Tatum addressed the public hearing issue, and explained no changes had been made in public hearing requirements. Staff was requested to provide Mr. DeFrancesco with the proper information regarding the public hearings issue. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda with inclusion of Resolution 138, 2004. Councilmember Delgado seconded the motion, which carved by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: r � L_J CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 • a. Approve Minutes from April 15, 2004 regular City Council meeting. b. Approve Minutes from May 6, 2004 regular City Council meeting. C. Resolution 94, 2004 — Benjamin School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Benjamin School Plat; and providing an effective date. d. Resolution 123, 2004 - Grande at Palm Beach Gardens Plat No. 2 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Grande at Palm Beach Gardens — Plat No. 2; and providing an effective date. e. Resolution 124, 2004 - Voluntary compliance of the Countywide Fire Rescue Minimum Level of Service Standards. A Resolution of the City Council of the City of Palm Beach Gardens, Florida expressing the commitment to comply with voluntary minimum fire- rescue level of service standards; and providing an effective date. f. Resolution 126, 2004 - Military Trail Improvement Grant Fee waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related to the Military Trail Improvement Grant Program; waiving all applicable building permit fees and development application fees for eligible projects; and providing an effective date. g. Resolution 132, 2004 — Proposed agreement between the City of Palm Beach Gardens and Evergrene Community. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Evergrene Master Association; and providing an effective date. • h. Resolution 133, 2004 — Approve work authorization to LBF &H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. to provide geotechnical services, engineering, landscape, architectural, permitting services, and construction phase services related to the construction of the Burns Road Community Recreation Campus Aquatic Facility splash area; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. i. Proclamation — IAAP -- International Association of Administrative Professionals Florida Division Annual Meeting. j. Resolution 138, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida opposing Palm Beach County's proposed Charter amendments and implementing Ordinances which would preempt Municipal authority to voluntarily annex real property into Municipal boundaries; urging the Board of County Commissioners not to adopt such Ordinances; and providing an effective date. PUBLIC HEARINGS: PART I -- QUASI- JUDICIAL The City Clerk swore in all those intending to testify in any of the quasi-judicial hearings. Resolution 119. 2004 — Frenchman's Creek Clubhouse Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman's Creek, Inc. for the clubhouse facility at the Frenchman's Creek Planned Community Development (PCD), located East of Alternate AIA, South of Donald Ross Road, and North of Hood Road, as described more particularly herein, to allow for the relocation of three tennis courts, increased vehicle and .7 CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 4 • golf cart parking, a 512 square -foot expansion of the existing pro shop, and the addition of a refreshment stand; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 119, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 119, 2004 and called for any ex -parte communication by the Council. Councilmember Levy reported he had spoken with staff, Vice Mayor Russo reported speaking with Bernie Poselli, Mayor Jablin reported speaking with Bernie Poselli and other members of the Frenchman's Creek community, Councilmember Clark reported no ex -parte communication. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 119, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 13.2004 — Borland Center for Community Enrichment 2°d reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92, 2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 — Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver of the residential requirement within a mixed use project to allow for a mixed use Planned Unit Development (PUD) • utilizing non - residential mixed use intensities and measures; approving the master development plan for the approximately 47 -acre property, known as the Borland Center /Palm Beach Community Church (a.k.a. Parcel 6.01A), located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, to allow the development of 64,533 square feet for a cultural center and church facilities (500 -seat small theater /church facility with accessory uses and 300 -seat banquet hall), 64,025 square feet for retail /commercial use, 19,950 square feet for restaurant use, 10,900 square feet for professional office use, and 225 multi - family units; granting conditional use approval for a 500 -seat small theater use /church and 300 -seat banquet facility; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Ordinance 13, 2004 by title. Mayor Jablin read a letter from the law firm of Holland & Knight, representative for the applicant, requesting a delay of 60 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 13, 2004. Ex -parte disclosures since the last hearing were as follows: Councilmember Delgado spoke to staff, Councilmember Levy spoke with Ray Royce about the agreement, met with Casey Cummings, Mike Gleaman, Bob Zucano, Hank Gonzales, Mr. Mann, and Kayhart Pinder and discussed drainage for the site, garage design, and traffic concurrency. He then had a phone conversation with Mike Gleaman later that day regarding traffic concurrency. Vice Mayor Russo reported he spoke to Ray Royce, Casey Cummings, Dr. Underwood, Richard Orman, Mr. Gleaman, and staff. Councilmember Clark spoke with staff and Casey Cummings regarding the settlement agreement. Mayor Jablin spoke with Dr. Orman and Casey Cummings. Councilmember Delgado reported she had also spoken with Casey Cummings and Adrian Salee. Vice Mayor Russo reported he also spoke to Tom Keatis. r� �J CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 5 • Robert Davis, 118 Orchid Cay, advised that advertisements in the newspaper for changing zoning were very hard to read and should not be in the sports section. Mayor Jablin explained that size was due to cost. Dr. Davis suggested holding a meeting once a year to explain things such as the difference in MXD residential and MXD non - residential, PGA overlay, etc. Dr. Davis commented his understanding was the PGA Overlay amendment limited theaters to 500 seats except for churches, and suggested that might need to be discussed with Borland. Bruce Honick, Shady Lakes, expressed concern with Borland being able to utilize commercial zoning to build something not in Keyping with the feeling of a residential neighborhood. Vito DeFrancesco, Shady Lakes, distributed a copy of the City's LDR's and noted there was only one non - residential development listed in the comp plan and LDR, which was non - residential MXD, and read aloud the definition. Mr. DeFrancesco's position was that the requested waiver was incorrect and would cause problems, and explained the undisclosed portion of the property bothered him. Margaret Smith, Thyme Drive, expressed concern regarding increased traffic since her back property went to Shady Lakes Drive, expressed concern regarding drainage, and requested mitigation of adverse impact to her property by some type of barrier and moving Shady Lakes Drive more to the east as soon as possible. Ms. Smith advised Mike Deskin and his wife had photos of an eagle's nest in the area where the Borland Center was to be developed, but they were not present. Dr. Richard Orman, 4203 Oak Street, advised the PGA Residents' Corridor Coalition had an agreement to work together with Borland, the Commons, and the City to put a pedestrian crossing on PGA Boulevard, asked that the PGA overlay include uses and intensity of uses before consideration by City Council, and commented Borland had agreed to be bound by the • conditions of the PGA Overlay amendment and requested that be a condition of the development order. Mr. Orman indicated the eagle that had visited his neighborhood 3 of the last 4 winters had nested at the Ritz Carlton site, and he had not seen it this year. The City Attorney clarified for the record that the City was not a party to the settlement agreement that had been mentioned. There would be a public hearing August 5 if this public hearing was continued tonight, and the Council would make their decision based on the evidence presented to them. Ray Royce on behalf of the applicant commented each member of the Council would receive a signed copy of the settlement agreement and a letter requesting moving forward with the PGA Boulevard overlay and a waiver not to exceed a 500 -seat theater. Mr. Royce requested this petition be continued until August 5, and indicated to be sure everything was handled properly that the applicant had agreed to go back to Planning and Zoning and then back to City Council. A waiver of the 23 -day provision was requested so that the August 5 date could be met. Vice Mayor Russo stated he would not be present on August 5, and thanked everyone for working together. Councilmember Levy indicated he might not be present August 5. Councilmember Clark indicated he might not be present for other reasons. Mr. Morrell, who represented the PGA Corridor Coalition, three adjoining neighborhoods, and 13 individuals, agreed with everything requested by the applicant. Mr. Wu cautioned if this was continued until August 5 and there was not a quorum it would not continue. Consensus was to continue to July 15, when it could be continued again. Councilmember Clark made a motion to continue the public hearing on Ordinance 13, 2004 and Resolution 92, 2004 to a date certain of July 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 139, 2004 — A Resolution of the City Council of the City of Palm Beach Gardens, • CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 6 • Florida approving a waiver from Section 78 -43 of the City's Land Development Regulations to reduce the minimum 23 -day waiting period for the proposed Borland Center /Palm Beach Community Church Development application for a parcel of land located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein; and providing an effective date. The City Clerk read Resolution 139, 2004 by title only. Major Jablin declared the public hearing open and called for ex -parte communication. Councilmember Levy reported he had spoken to the City Attorney regarding this matter. The other members reported no ex -parte communications. Vito DeFrancesco commented there had been procedural errors, some of which this might correct, but he wanted it on the record that it had happened, ex -parte had not happened, cross examination had not taken place, and a lot of things had not happened correctly. Mr. DeFrancesco expressed his opinion this had not been posted correctly because there was still no posting on the piece of property going up Shady Lakes Drive, which extended 1600 feet, and code required a sign every 500 feet. Ray Royce commented when these items were called to attention, it was clear everyone wanted to do it right and the applicant was not agreeing anything was done wrong but was willing to go back to P &Z to be certain everyone got heard. Mr. Royce commented all kinds of signs had been posted and neighbors had requested some of them be taken down, to which staff had agreed, but stated they would post so many signs you would not be able to see the trees. Mayor Jablin commented substance was one thing, and there had been no intention in any way to circumvent the code or any laws, and that was not done in Palm Beach Gardens. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 139, 2004. Motion was seconded by Councilmember Delgado and • carried by unanimous 5 -0 vote. Resolution 105, 2004 — Amendment to the Regional Center DRI /PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the Master Development Plan to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi - family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRI/PCD; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owner's Association, Inc., and the Mall Residence Hotel, LLC; and providing an effective date. The City Clerk read Resolution 105, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 105, 2004, and called for ex -parte communications. Councilmember Delgado, Councilmember Levy, and Vice Mayor Russo each reported they had met with staff and had also spoken with John Gary. Councilmember Clark and Mayor Jablin both reported they had spoken with John Gary and John Sapo. Mayor Jablin reported he also spoke to Jim McCovey and Craig Menin. Growth Management Division Director Talal Benothman presented the proposed amendment. John Gary spoke representing Mall Properties, LLC, and Kolter Properties, who had entered into an agreement to purchase the property. Discussion ensued. Craig Menin, owner of the rest of the undeveloped property at the mall, indicated that property would be the place to have a high -end business hotel, which would be gone if this were approved. Mr. Menin asked that a conceptual site plan he attached to the NOPC. Dr. �J CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7 • Robert Davis commented he was at Planning and Zoning during consideration of Landmark and they were told that was the last residential area allowed in the DRI. Dr. Davis expressed his opinion changes should not be done over and over again, and questioned if this would really be the last of the residential. Mr. Benothman clarified past statements by staff. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Resolution 105, 2004 with the amendment of adding a paragraph "c" in Section 3 to provide that the maximum height of any structure on parcel 27.09 shall be 140 feet. Councilmember Delgado seconded the motion. Councilmember Levy stated for the record that he agreed with the amendment; however, he was going to vote against this and did not want it to be known that he voted against the amendment. Motion carried by 4 -1 vote, with Councilmember Levy opposed. Following a short break, the meeting was reconvened. PART II — NON - QUASI- JUDICIAL threshold" (2' reading,). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to purchasing; amending Section 2 -294, Code of Ordinances entitled "Bidding Threshold "; creating a new Section 2 -295 to be entitled "Purchasing Procedures "; repealing Sections 2 -301 through 2 -304, inclusive, in their entirety; providing for codification; and providing an effective date. The City Clerk read Ordinance 14, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve • Ordinance 14, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 15, 2004 — Personnel System 2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Personnel Program; repealing Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances; creating a new Article 1 to be entitled "Personnel System "; providing for codification; and providing an effective date. The City Clerk read Ordinance 15, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 15, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. "Parking Stopping, and Standing" (2"° reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to parking; repealing Article III of Chapter 70, Code of Ordinances, entitled "Parking, Stopping, and Standing" in its entirety; creating a new article III of Chapter 70, Code of Ordinances, to be entitled "Parking, Stopping, and Standing;" providing for enforcement; providing for codification; and providing an effective date. The City Clerk read Ordinance 22, 2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 22, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: is CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 8 • Resolution 128, 2004 — Approve a contract award to West Construction, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West Construction, Inc. for the construction of the Lake Catherine Sports Complex clubhouse and all related appurtenances; authorizing the City Manager to take all actions necessary to complete the project in a timely manner, including, but not limited to, administrative site plan approval, as well as to make all expenditures necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount budgeted for this project; and providing an effective date. Todd Engle, Construction Services Director, presented the staff report. Mayor Jablin requested consideration of replacing one existing flagpole with a taller flagpole for the American flag. Vice Mayor Russo moved approval of Resolution 128, 2004. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION: Mayor Jablin reported the Northern Palm Beach County Improvement District was going to elect two new members to its board next Wednesday and he had pushed to get a homeowner representative on that board. Of the three candidates, Marilyn Jacobs would fit that criteria, and Mayor Jablin asked that he be able to write a letter of support for her. The attorney advised the Council could vote their property. Discussion ensued. Consensus was a letter could be written by the Mayor personally, but not on City stationery. Councilmember's Levy and Delgado indicated they were not comfortable endorsing a specific candidate. Discussion ensued. Councilmember Clark made a motion that the City of Palm Beach Gardens vote its property interest in the Northern Palm Beach County Improvement District election in favor of Marilyn Jacobs. Vice Mayor Russo seconded the motion, which carried by 4 -1 vote, with • Councilmember Delgado opposed. Mayor Jablin advised this issue would be discussed further during the budget process. Councilmember Clark announced that after 11 -1/2 years of service on the City Council, he and his family were under contract to purchase 5 acres outside the City where they could raise horses, and he would continue to serve on the City Council so long as he maintained his residence within the City, but when he no longer maintained residence within the City he would resign. Councilmember Clark noted he would coordinate when he knew dates, to reduce costs to the City in terms of having to hold a special election, and although he was excited about a new venture, he was pained by having to leave the Council and had not intended to do so. Councilmember Clark noted August 31 was the first date a special election could be held and that other circumstances could make a 4- person council for up to four months, and indicated he was trying to work with the Council and would do his best to ease the transition. Mayor Jablin expressed his opinion that Councilmember Clark had been an incredible addition to this City Council, and anything the City could legally do to keep him on the Council so as not to hold a special election would be done, since there were many projects coming up this summer. Vice Mayor Russo expressed his regret at losing Councilmember Clark but admired that he was doing something for his family, and indicated the Council would be happy to do whatever they could. Councilmember Delgado applauded the decision for his personal life and indicated he would be missed. Councilmember Levy commented he would miss having two David's on the Council. On behalf of Mr. Ferris's staff, it was stated Councilmember Clark would be missed. Mr. Wu commented if Caloosa was annexed, Mr. Clark would be eligible to run again. Joan Elias recalled the first Council meeting she attended under Mayor David Clark, and indicated it had been a pleasure LJ CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 9 • watching him over the years and she hoped his new home would not close for another 3 -4 months. Mayor Jablin commented the photographs of all the past mayors would be re -framed and included as part of the history of the City. CITY ATTORNEY REPORT: City Attorney Tatum reported the City had had a tremendous success in the Vavrus case, with the judge ruling in favor of the City on each of the ten counts that Mr. Vavrus had brought against the City. The City still had a pending count that asked for a mandatory injunction to abide by the City's code and also to re- forest the northern 225 acres that were cut down. The judge had asked both sides to submit proposed orders and he would rule on them without any more hearings, but the City was hopeful they would get additional relief there. The City would file to seek recovery of some of their attorneys' fees, which would go to the League of Cities, which had been covering the attorneys' expenses. Attorney Tatum recognized the work of staff on this case, especially City Forester Mark Hendrickson who had assembled thousands of documents and sat representing the City and did a remarkable job, and also congratulated the litigation attorney, Rusty Roberts, whose dedication had been commendable. The final judgment in this case would be filed as part of the summary judgment in the Federal court case, scheduled to be heard this summer. Mayor Jablin congratulated Attorney Tatum and everyone on staff who was involved. ADJOURNMENT: There being no further business to d1scu,%%,44y.A#eetiting was adjourned at 10:50 p.m. • APPROVAL: ATTEST: • MAYORIAB VICE MAYOR RUSSO COLROGILMEMB M UNCILMEMBER DEUGADO COUNCILMEMBER LEVY CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 10 • PATRICIA SNIDER CITY CLERK- 0 • • PROJECT NARRATIVE Gardens Pointe /Parcel 2 7.09 Revised Xeveniber 19, 2005 Revised March 1, 2006 Request/location This is a request for Site Plan approval of Gardens Pointe (a.k.a. Parcel 27.09) within the Regional Center DRI. The proposed plan of development is for 240 multi - family units on 6.64 acres. Gardens Pointe is located on the northwest corner of the intersection of Fairchild Gardens Avenue and Kyoto Gardens Drive. The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach Gardens Medical Pavilion. The community is comprised of 214 condominiums within two towers, which are encircled by 26 two -story town homes. The towers respect the 140 feet maximum height established by Resolution 105, 2004. Included in the design of the project is a community clubhouse facility. History Parcel 27.09 is the last remaining parcel to be developed within the Regional Center • Development of Regional Impact and Planned Community Development. On June 17, 2004 Resolution 105, 2004 was approved to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi - family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRI/PCD. The San Matera and Harbour Oaks projects within the Regional Center were approved by Administrative Amendments which lowered the overall density by three dwelling units for this project. Two of these three units are being transferred to the Gardens Pointe site for the final count of 240 units for the site. As part of the Resolution 105, 2004 approval, the maximum height of any building on Parcel 27.09 is limited to a maximum of 140 feet. The proposed building height is consistent with this approval. Land Use and Zoning The PCD master development plan has an underlying zoning category for this site of RH - Residential High Density. Following is a chart which compares the proposed development to the RH code requirements. The PCD is also in compliance with all environmental ordinances of the City of Palm Beach Gardens. Surrounding Uses The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach Gardens Medical Pavilion - all within the Reg al Ce T f1 OF PALM BCH GDNS • MAR 01 1006 PLANNING & ZONING DIV • Gardens Pointe/Parcel 27.09 November 18, 200 March 1, 2006 Page 2 Existing Zoning and Land Use Designations EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Vacant PCD DRI/PCD TO THE NORTH: The Landmark - PCD DRI/PCD 166 condominiums within three residential towers TO THE SOUTH: Viridian Office Complex and PCD DRI/PCD Palm Beach Gardens Medical Pavilion TO THE EAST: The Gardens Mall PCD DRI/PCD TO THE WEST: Lake /Downtown at the PCD DRI /PCD Gardens Concurrency Traffic, Drainage and Utility Concurrency for this site were granted at the time of DRI /PCD approval. Traffic No operational traffic improvements are required as a result of the development of this parcel. Site Access and Circulation Roadway access to the site is via entrances off of Fairchild Gardens Avenue and Kyoto Gardens Drive. The main entrance will be from Fairchild Gardens Avenue with the secondary entrance from Kyoto Gardens Drive. Extensive pedestrian access throughout the site has been provided through a system of sidewalks which connect the buildings and town homes to the site's open space and the recreational amenities. Sidewalk connections have been provided at numerous places to the pedestrian system around the adjacent lakes which connects the Downtown at the • Gardens project with The Landmark and the requested Gardens Pointe development. The applicant, consistent with the approved master plan for the Regional Center, has provided public • Gardens Pointe/Parcel 27.09 November- 18,2005 March 1, 2006 Page 3 access open space along the adjacent lake and adjacent to Kyoto Gardens Drive, which further enhances this public lake park. Phasing Development of this parcel will be in a single phase. However, the construction will be conducted in four phases. The initial phase will consist of the northern tower, the adjacent nine town homes and the clubhouse facility. The second phase consists of four free - standing townhouse units. The third phase consists of the southern tower and the nine adjacent town homes. The final phase completes the project with two, free - standing town homes. Construction phasing is expected to overlap. Use: PCD Min Lot Width Max Lot Coverage Max Building Height Min. Open Space Front (S. Prop. Line) Kyoto Gardens Drive Side Facing Street (E Prop Line) Fairchild Gardens Ave. Side (W. Prop Line) Code Comparison (RH) 100 feet 35% 45 feet 140 feet per Resolution 105, 2004 35 % 30 feet, plus 1 foot for each foot over 2 stories (142' to towers) (30' to town homes) 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) USTENCY WITH THE CO ti fens PoMte' �`11,65 qng Zone-RH) Proposed 420'+ 35% 139' -10" feet 39.44% 64' to tower 38' to town homes 40' to tower 30' to town home 20' to tower 23' to town home E Compliance Waiver Requested yes yes yes yes from from RH resolution residential yes no yes for tower no yes for tower no yes for tower • Gardens Pointe/Parcel 27.09 I.r,,..o,, ber- 18, 2005 March 1, 2006 Page 4 • SITE ANAL YSIS CONSISTENCY WITH THE CODE .. � u, a a .1�.. `�� , a. �� nderl} ing Zone =RH) �1� fl���•3� ��i��'3ie . F�µ�.. � � 4i .� Use: PCD Code Comparison Proposed Compliance Waiver (RH) Requested Rear (N. Prop Line) 20 feet, plus 1 foot for 80' to tower no yes for each foot over 2 stories 20' to town home tower (132' to towers) (20' to town homes) Parking Number Required 1 space per bedroom plus 514 yes 5% of total for guest - 498 required Stall Dimensions 10 feet x 18.5 feet 10 x 18.5' and no yes, for 9.5 feet x 18.5' 9.5 feet x 18.5 feet 9.5 foot 9 x 23 9 x 23 wide spaces L -- Y Landscaping Tlj Buffers 20' landscape strip along 20' along Fairchild Gardens yes r/w and 20' Kyoto Gardens Drive Points 10,768 points 12,802 points yes Architectural Style This new community Will feature two twelve -story high -rise Mediterranean style towers each consisting of nine (9) residential floors over three (3) levels of covered parking, with wrap- around townhouses and free - standing town homes. The site will be served by a public promenade and water feature along its western property line providing this premier project with continuous access to other on site amenities such as covered walkways, a private Mediterranean style clubhouse with casual sit down bar, social lounge, fitness center, pool and spa amenities. The two Mediterranean style towers contain 214 luxury high -rise residences with a maximum of 15 units per floor. Each of the two 140' towers are complimented by ten (10) low rise townhouses with 6 freestanding townhome residences, partially wrapping the parking garages, providing a more intimate residential scale and pedestrian friendly streetscape for the community. The high -rise units range in size from 1,185 to 2,637 square feet. The townhouses is and town homes range in size from 2,185s.f. to 3,150s.f. featuring lush landscaped streetscapes, private garages, and private roof terraces with trellis. The total cost of construction represents approximately 50 million dollars with a total build out of 240 luxury residential units. • Gardens Pointe /Parcel 27.09 'vember18, 2005 March 1, 2006 Page 5 Lighting Street lights will be field located to avoid conflicts with street trees and utilities. Lighting photometrics plans have been provided for your review. The applicant is seeking a waiver to allow for higher light levels within the parking garage for heightened vehicular navigation and general safety. Landscape Plans Proposed landscape planting includes a wide variety of palms, live oaks, various tropical shrubs and groundcovers. The applicant is proposing 12,802 landscaping points, which is over the landscaping points requirement however, does not include the 2,444 points for the Lake Plan Landscaping. The landscaping at the northwest corner of Fairchild Gardens Avenue and Kyoto Gardens Drive has been designed to reflect the corner landscaping treatment found within the Regional Center DRI. Parking Required parking is calculated based on a requirement of one space per bedroom plus 5% for • guest parking. The parking requirement for the site is 498 spaces and the applicant is providing 514 on the submitted site plan application. All surface parking have been revised to reflect the standard 10 -foot wide space. The majority of the parking spaces are provided within parking garages based on the bottom three floors of each residential tower. The free - standing town homes will feature garages and on -grade parking. Parallel parking has also been provided the project entrance off of Fairchild Gardens Avenue. Signage Two monument signs are proposed within the project. The main monument sign will be provided within the median of the Fairchild Gardens Avenue entrance. A second sign will be located at the secondary entrance off of Kyoto Gardens Drive. Mail/Garbage Mailboxes will be centrally located at the clubhouse. Garbage pick up will be through dumpsters located within the parking garage, which will be rolled out of the garage for service by Waste Management. The free - standing town homes will feature curbside service. is • Gardens Pointe/Parcel 27.09 Member 18, 2003 March 1, 2006 Page 6 WAIVERS Justification Statement Deviations from standard Land Development Regulations have been facilitated through the site plan approval process as part of the Planned Community Development District site plan approval process. The code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. In turn for the consolidation of open space within a PCD, the code creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. FRONT SETBACK The applicant would like to request a waiver from Section 78- 141 Residential Zoning district • Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Front, which requires a setback of 30 feet plus one foot for each foot of building height over two stories. The front setback for purposes of this project is measured along the Kyoto Gardens Drive right -of -way. The applicant is requesting a front setback, measured from the side of the town home at the southeast corner of the site, of 38' to Kyoto Gardens Drive, which is consistent with City Code requirement of 30 feet. For the proposed south tower, the requested front setback is 64 feet. The required setback using RH standards is 142 feet for the residential tower. With the provision of the townhouses on the project, the applicant is providing a "stepped" massing of the buildings on the site from the adjacent properties. This will create less of an impact on the surrounding streetscapes than only the residential towers. SIDE (FACING STREET) The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side (Facing Street), which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right -of -way. The setback proposed for the tower is 40 feet, while the tower's setback requirement is 132 feet. Please note that the town homes meet the side street setback requirements. The current code does not address residential towers, which is a relatively new development pattern within the City. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City's commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. • • Gardens Pointe/Parcel 27.09 'vember- 18, 2005 March 1, 2006 Page 7 SIDE The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Regional Center DRI lake feature. The setback proposed is 84 feet for the northern tower, while the setback requirement is 132 feet. The current code does not address residential towers, which is a relatively new development pattern within the City. The town homes surrounding the towers meet the Code setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City's commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. • The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Rear, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right -of -way. The setback proposed is 80 feet, while the setback requirement is 132 feet. The town homes surrounding the towers meet the Code rear setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City's commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. Please note that the applicant is providing 12,802 landscape points which is more than the City's landscaping requirement. MINIMUM PARKING DIMENSIONS The applicant is requesting a waiver from Section 78 -344 of the City Code in order to provide a minimum 9.5 foot wide parking spaces within the parking garages for the proposed north and south towers. City code require 10 -foot wide parking spaces. All of the on -grade parking on the site meets City code requirements. Only 21 spaces in the north tower and 23 spaces in the south tower will be at the minimum dimension of 9.5 foot wide. The 9.5 -foot wide spaces within the parking garages are within the industry standards for construction of parking garages across the country and allowed within other garages approved within the City. In fact, 9 foot wide space is typically the standard for a garage. The waiver is requested due to structural requirements for • column placement in the garage. • Gardens Pointe/Parcel 27.09 November 8 200-5 March 1, 2006 Page 8 PERMITS PRIOR TO PLATTING The applicant would like to request a waiver from Section 78 -441( c ), to allow the issuance of building permits prior to the plat being recorded. Section 78 -441 ( c ) requires: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property." It is the applicant's desire to start construction of the sales trailer and a dry model upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no dwelling units can be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition of the units in accordance with previously approved waiver of this type. • PARKING GARAGE LIGHTING The applicant is requesting a waiver from City Code Section 78 -182 to allow for higher lighting levels than are permitted by Code within the parking garage. City Code requires the maximum foot candle within parking lots to be 10.0 foot candles. The applicant is proposing a maximum of 46.8 foot - candles within the parking garage. The increase in individual foot candles within the parking garage will allow for heightened vehicular navigation and general safety. In previous development reviews, the City's Police Department has expressed support for this waiver request. BUILDING HEIGHT The applicant is requesting a waiver from City Code Section 78 -141 to allow for a building height of greater than 45 feet for the two proposed towers. Please note that building height for this parcel was discussed and approved by City Council through the adoption of Resolution 105, 2004, which includes a condition of approval which states, "The maximum height of any building on Parcel 27.09 shall be 140 feet." The proposed towers within Parcel 27.09 (Gardens Pointe) have a maximum height of 140 feet, which is in compliance with the previous City Council discussion and approval. STACKING City Code Section 78- 344(h) - Entrances and exits required stacking distances of "100 feet, or as • otherwise approved by the city engineer." The applicant is requesting a waiver for a minimum stacking distance of 64 feet. There are two entrances off of Fairchild Gardens Avenue less than 100 feet. The main drive entrance has 94 feet of stacking and the north parking area has 63 feet • Gardens Pointe/Parcel 27.09 November- 18, 2005 March 1, 2006 Page 9 of stacking. Stacking requirements are directly related to the traffic volumes of the entrance. The north parking lot only serves to 23 parking spaces so has minimal volumes. The main entrance would be classified as an intermediate drive with volume counts of 500 to 2000 trips. Intermediate drives are required to have 50 feet of stacking. Both of the Fairchild Gardens entrances exceed this county requirement. Thus 240 units at 7 daily trips is 1,680 trips, well within the classification (note each unit has 7 daily trips associated with it). Consequently, we are asking for a waiver of the 100 feet of stacking since these two driveways can be considered as intermediate drives based on County standards. LANDSCAPE AREA DIMENSIONS The applicant is requesting a waiver from City Code Section 78 -287 ( c) to allow for the proposed monument sign to be located within the median at the project entrance. The referenced code area defines the minimum landscape area for a monument sign, but does not address any variations associated with the provision of median sign locations. As indicated on the attached plans, the median sign location is landscaped with quality materials and the applicant is providing in excess of the minimum landscape points. This is a typical waiver request and this • request has been supported by City staff. • • • GARDENS POINTE BREAKDOWN Model # Bedrooms Bathrooms SF # of Type 1 2 3 2683 20 2 2 2.5 2338 20 3 3 3 2752 20 4 2 2 1785 42 5 2 2.5 2057 18 6 2 2.5 2277 12 7 1 1.5 1221 6 8 2 2 1960 18 9 2 2.5 2045 10 10 1 1.5 1285 10 11 1 1.5 1602 4 12 1 1.5 1463 6 13 2 2.5 2132 4 14 2 2 1904 2 15 1 1.5 1459 4 16 2 3 2805 2 17 2 2.5 2289 8 18 2 2.5 2562 8 THA 2 2 2078 16 THB 2 2 2751 2 THC 2 2 2347 2 THFS 2 2 2595 6 SUBTOTAL 240 SUMMARY 20 3 BR 3 BA (2752 SF) 22 2 BR 3 BA (2683 to 2805 SF) 168 2 BR 2 / 2.5 BA (1904 to 2752 SF) 30 1 BR 1.5 BA (1285 to 1602 SF) 240 units Ir 1.1 r::.^+RI'��wo�i�'t!C"�" ?1ts���1�R� :.w• I�rs— ji �, .. 'r Iii f 1 ���' _r • 1 r►` �' � •rte do a� >taa�rr .v W 1 kv � ...�`�'�,� .` - `.`� •_• its �, _ - -- q_j' � .I t��► /fit �`� `,�`�`�1 tt�.•r1a .w.ir1:'e_ �. 1 .�...�t� k,1 SIR- r 5M ��, /I� !• ",w._`�r,� �•• Ir �r yr•_��r- d ,�.-. Vim._ .o. �► ' II '1 a::.; f �' i '{ . • -` , „a s,.. �aiEi •► ; 1XVvIrlaw , V X61' AD low•, _ -. ,\\ IR - r t_: �c: l�i: .._ +• - rte._' ,.:. WU left IL ft Old._ �'��• --1� .� e�.ti��!L"LS"'. _ _ _T,'S..w."n'+y�'4 a:Mt: ! ` I at i.: �. w�rr 1 x s— w�•' " on t rco ks 17� a I I (w IIM' ii, 1,� �• 1ti Ep �w 1 �.~i.1 11✓��1 �' 1 •,{ r ,i r. NA 1 t ii will a i.-r, ten. +M� ar. ec�t.'_� ;�t��'t+L'�►�` 1;Ilpon Mosw r.'� •..gin •� `'�1�'�T _ �., - y�i�#'��� ,. IF I i'. T. �'�`•. � — - �7�.y �!'�wi'1j1: a��`� 1�' �r +f � �� 1 /r..,.Y.. �,�y wt � 1 IN —' 11,�6p,�� �• 1.'hc soon ``I w ��''► `� G • � . 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We favor this location as it creates the shortest, and thus, the safest alternative for the bridge. It also provides approximate alignment to 4601 Sheridan Street the south end of Downtown at the Gardens in proximity to Yard Suite 31s Hollywood, Florida 33021 House while providing rovidin soft bank to soft bank connection on the lake. 954.963.2255 A6 954.963.2336 We hope staff will consider our recommendation as the most www.meninrealty.com appropriate alignment for the bridge. Regards, Menin Design Group, LLC 3501 PGA Boulevard A. Ja s ahrer, AIC Suite zol r o Developmen t &Construction Pahn Beach Gardens• Florida 33410 Vre Development Companies, Inc. 561.282.5000 wntown at the Gardens Associates LTD rb 561.282.5001 im + www.menindesigngrouP.com Encl: CIV OF PALM BU GDNS • Cc w /encl: Rob Jacoby D E, car �u Don Hearing PLANNING & ZONING DN • U c a • r11 u ew 7 C S XUedu00;-- do/anap I iI- y `° 9 [t a suapae� ay1 �V uMO. 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' + \ 1\ 7Lf0'1 ONLY' P0.01ER 5IGNAGE \ 1 1 54I ,('F®8'lEI ' '� -% +'' - -------------------- t - +_ ___Da•3YlINT -`- �_ _ -_ .—' a =+65.87' _ ` - IID.OD'(0)` . + L.2N.61' S/5 °564 Ito (L FOR TREES ANU PALMS AL •TYPE D OR F RAISED CON( VEHICULAR USE AREAS. ALL AREAS SHALL BE FULL BEACH GARDENS LDR'S. ALL SIDEWALKS SHALL BE PROJECT ID SIGNS SHALL I ALL BUILDING LIGHTING AT THE BUILDING, LANDSCAPE PRINCIPLES. 5'X 15' SAFE SIGHT TRIANG THE PHOTOMETRIC PLAN P OF CITY OF PALM BEACH G THE CONTRACTOR SHALL ( VISIBILITY TO TRAFFIC CON ALL GARAGE ENTRANCES < ACCORDANCE WITH THE LE Lan4 ALL PLANT MATERIAL SHAI INDUSTRY 'GRADES AND S' THE LANDSCAPE CONTRA( AUTHORIZATION OF THE C THE LANDSCAPE CONTRA( CONSTRUCTION AND AVOII OF ALL UNDERGROUND UT TREES SHALL BE POSITION ALL LANDSCAPE SHALL CC DEVELOPMENT REGULATIC ALL ABOVE GROUND UTILII FULLY SCREENED FROM VI FOOT HIGHER THAN THE T/ ALL TREES SHALL BE LOCA CLEARANCE TO THE EDGE ROOT BARRIER SHALL BE P OR ADJACENT TO SIDEWAL ROOT BARRIER, IN ACCORC FOR TREES AND PALMS AD. SHADE TREES SHALL BE NC IS PROVIDED. NO SHADE TR PALM TREES SHALL BE NO ( PROVIDED. NO SHADE TREE ALL SOD SHALL BE STENOT: TREES WITHIN PLANTING ISI CONFLICTS WITH THE OVER TYPE D OR F RAISED CONCF VEHICULAR USE AREAS. TREES AT ENTRANCE WAYS MINIMIZE SITE VISIBILITY CO FEET. PLANTING ISLANDS WITHIN / FOREIGN MATERIALS TO A 0 USED TO REPLACE UNSUITA EARTH BERMS SHALL NOT E (EARTH ROLL) 12- HIGHER TI ALL AREAS SHALL BE FULLY BEACH GARDENS AND THE F THE IRRIGATION SYSTEM SF AND SOD AREAS. IF RE USE WATER IS UTILIZE PURPLE PRODUCTS PER FDI THE IRRIGATION SYSTEM SF STATE AND LOCAL REQUIRE THE LANDSCAPE CONTRACT Pr4�yi PROPERTY OWNER MENIN DEVELOPMENT COMPAP 201 NORTH US HIGHWAY 1, SUI JUPITER, FLORIDA 33477 PHONE: 561- 747 -4883 CONTACT: ROBERT JACOBY,CI DEVELOPERFAPPLICANT MENIN DEVELOPMENT COMPM 201 NORTH US HIGHWAY 1, SUI' JUPITER, FLORIDA 33477 PHONE: 561- 7474883 CONTACT: ROBERT JACOBY,CE AUTHORIZED AGENTS COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33456 PHONE: 561- 747 -6336 CONTACT: DONALDSON HEARI� DESIGN ARCHITECT OLIVER GLIDDEN 3 PARTNERS 1401 FORUM WAY, SUITE 100 WEST PALM BEACH, FL 33401 PHONE: 581 -684 -6890 CONTACT: MINDY HOMAN OGP@OGPARCHITECTS. COM ARCHITECT OF RECORD JPRA ARCHITECTS 31000 NORTHWESTERN HWY SUITE 100 FARMINGTON HILLS, MI 48334 -25 PHONE 248 - 737 -0180 CONTACT: GREG TYSOWSKI GTYSOWSKI @JPRA.COM SURVEYORS LANDMARK SURVEYING 1850 FOREST HILL BOULEVARD,1 WEST PALM BEACH, FLORIDA 3: PHONE 561 - 968.0080 R77 rp �z 1195 us -I 0 Inb 10 co i,n cc CTVFO CSm co; Y'o �1o_ �J • o p•O OlCa�o1n G0O 2.Ab b -a�0s -0 0 O f7 V w N o co p p 0 �O 00 Np, 0°b A �'aR o W 00 =C GO -?n co oNn cNO t 0V 0 O NOO ,W.- O ?RVI,I V, .'CDO,p 00 ,pp0 W mbO OOtOim.+WO^ R N om- w a- o Z' 0 � f� n O,n>On�OW••RO- ccol'o ^p'O Vmow i OrC »�bO�R N I�b ..R VObO ONm 0 01 > �.( o N b O O O Si.• N -. 0 030 � 0- ^O O1n ob"'O NA�..pOa O Js O 4. 00 voop�08"���Yx o0n jco nn c�o C' n < -o o v 'y - bp"° -m Z O''oO `-0 wt b o O O NNp JtOp a0i p 0 W roG -m ••03 Lm;' NOmm- 0.00 p m�Wq 1--so-0 µo Ttrq&.io b 0 WO 4 0, c4h 7 ,.' P p ^�',., - N ->-_ d p 1 O N ZONgC,o o O O rj0.«� -vCD b Z N 00 w 0 p w O. 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PROJECT NO.: 04 -0106 CINI ENGINEER' ARCHITECT: LANDSCAPE ARCHITECT4A'tlEB: CRAVEN THOMPSON & ASSOCIATES. INC. SCHWAB. TWITTY & HANSER ARCHITECTS INTUITIVE DESIGN GROUP KOLTER PROPERTY COMPANY 5114 OKEECHOBEE BOULEVARD. SUITE 112 515 NORTH FLAGLER DRIVE, SLATE 1400 325 SW SAINT LUCIE STREET T 1801 FORUM PLACE, SUITE 805 WEST PALM BEACH, FLORIDA 33417 WEST PALM BEACH, FL 33401 -4339 STUART. FLORIDA 34997 WEST PALM BEACH, FLORIDA 33401 TEL: 561.8325599 TEL 772220.9711 FAX 772.781.1040 TEL: 561.6829500 FAX: 561.6821050 TEL: 561.88&5010 FAX 561.68&1037 FAX 561.655.4828 2563 NW 53rd STREET FORT LAUDERDALE. FLORIDA 33309 -6311 TEL: 954.739.6400 FAX: 954.739.6409 FtaEDA UCENSED ENGAIEEIExc. SIAI,EING • YAPPING BGSNESS Nu tit RCMA UCENEm LANDSCAPE AIONIECTU E BYSNFS6 No. CDDD114 - - - - SD z Z v m x F $ 0 0- f Old ..... AAS Wnk, wal SAW 41 to! 1 UK Why 1 TWO" oil • • PEI lint rr'I 'r� I. p ■ iii f II it i'j 654 1- Nis \ .6. y. n a g ax M a t t to max %Y TITS TM is 9 11 pf j Q ! 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R01XDA 3341) TcL: (pp1) eBS -ama vAx (an) J561 N,W S O SIREEI FORT LAUDERDALE, FLORIDA 33109 TEL (9s.1 7— FAX: (r) 7— ROMA I MYU ENCMEERNO. 9JIM1EYIMO t WPPNO Bu51 M - 21 Ra aXA DCEMlED AMOBOAP[ MC A ECN 1E BDpAVf]B Me 0000114 DATE. D2�,7�05 SCALE: 1'20• DE9 ,r ev: DRAWN Bv: J.GUNTNEA C.NELSCN PREPARED FOR: KOLTER PROPERTIES CHECKED By: °I g 1 2 I SALES TRAILER PLAN I DESCRIPTION: DATE: APPROVED By L an d S c a p e A r c h i Ou r e S i t e P 1 a n n O n g IR. I �I \ I JI r-- R r - - - -� \ 1\ \ `,��\ �' ��i' °pay, %' �\ .•�__ - a, 1 �` — 'PHASE LIME_ - r . I L- __ ----- L______- OQ Q t up — Y� `i- %4 O O H a co d C Fes► b� W f9 G� • • ip� rrL •N Q� 4' f Fairchild Gardens Avenue 1-4W CL rt. rA n (D ru O � M U] 10 3% € All IN, XF .;!X, mix g1,1141i AX Gardens Pointe Palm Beach Gardens, Florida C g .�S n n n n u n u II II II 00 Trees And Palms k 8 o agc•,b \D \ C42 )4 b 9 .. 4 C c. 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Ov gsa8g. s: 9 a 9 U .�s 1 CD N Gardens Pointe 3153W9s1■I lnae SOm iD� - -- ....,.... J f1a(T(!J ]2a�l11 1ti�//t)'a1 -1010 S"..M M." 34999 Palm Beach Gardens, Florida • 1 • 1 1 1 . • D • • i s . a . • • . - _ v...11aeneDdi01('fala® Brl_..JD(:P■tlbelAee L a n d S c a p e A r c h i t u r e S i t e p 1 a n n i n g .W% C CD F$Sh d ri ■ 4 p loll $ ;vw alb b F � G i\ A 7l A F ry y p O h O �o litR A� S e $ ® d N• 0 b Gardens Pointe N Palm Beach Gardens, Florida e� k b� l� 1r.11 a CD O Cl a � �n CD Z -4 r'3 CD rr CD LFY IL O IL R` t` T CD CD $ s b�A 1 • t • 1 t i • • D • • 1 � • O r e • • f t Y N CD a �y jet Q�p q CD CD Leg 3F -gg j VGE fl trR �n CD Z -4 r'3 CD rr CD LFY IL O IL R` t` T CD CD $ s b�A 1 • t • 1 t i • • D • • 1 � • O r e • • r �wasde„ ay, CITY OF PALM BEACH GARDENS MEMORANDUM TO: Planning, Zoning, and Appeals Board Members DATE: Tuesday, March 14, 2006 FROM: Daniel P. Clark, P.E. Interim Growth Management Administrator SUBJECT: Legends at the Gardens Workshop (Walgreen's) PZAB Meeting Please be advised that there is no staff report associated with Legends at the Gardens at this time. However, the Legends at the Gardens site plan petition (Walgreen's) will be presented by the applicant at a workshop during the March 14, 2006, PZAB meeting. The subject site is located at the southwest corner of the intersection of Central Boulevard and Donald Ross Road. Staff will be present to answer any questions that the PZAB may have. Please contact Richard Marrero, Planner, at 799- 4219 if you have any questions or require additional information. Please note: The PZAB recommended denial at the September 27, 2005, meeting with a 7 -0 vote. Outstanding issues that needed to be addressed according to the PZAB were signage, parking stall width, site circulation, architecture, and landscaping. DC:rj k. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Planning, Zoning, and Appeals Board Members DATE: Tuesday, March 14, 2006 FROM: Brad Wiseman, Senior Planner SUBJECT: Legends at the Gardens Workshop (Walgreen's) PZAB Meeting Please be advised that attached plans were inadvertently omitted from the PZAB binder that you received on Friday, March 10, 2006. We apologize for any inconvenience that this may have caused. Please be advised that there is no staff report associated with Legends at the Gardens at this time. However, the Legends at the Gardens site plan petition (Walgreen's) will be presented by the applicant at a workshop during the March 14, 2006, PZAB meeting. The subject site is located at the southwest corner of the intersection of Central Boulevard and Donald Ross Road. Staff will be present to answer any questions that the PZAB may have. Please contact Richard Marrero, Planner, at 799- 4219 if you have any questions or require additional information. Please note: The PZAB recommended denial at the September 27, 2005, meeting with a 7 -0 vote. Outstanding issues that needed to be addressed according to the PZAB were signage, parking stall width, site circulation, architecture, and landscaping. DC:bw I I I I u N � T I: I 0 to ol° I I ii m :;0 4— 91 I ' ' a ct - All It c i „{ 1 of 5a5 C); �i D e I ski r;. K1 z Z N Z 0 -- J a - -- - -�— PRESERVE AR� o- 1 .7 !# ` °` h I ,, .4 �as•�- -a■s•� -ter I I Ii n Eli I ' 34 I! I •Q� I � I i m I! -jm O < D rTl n y m D `-/ 1 11 J � 11 I 11 I 1 I I { 11 I;1 � I�1 i J I 1 � I '�1 I I I 11 I I I]{ I I II I 1 I / I I Iliil/ -- ---- --- - ----- �In 0' — O I -- I ` 1 1 111 C Z m , `- IOU I J c I -- D r ' -- - - - - -- Ay - -- - -�— PRESERVE AR� o- 1 .7 !# ` °` h I ,, .4 �as•�- -a■s•� -ter I I Ii n Eli I ' 34 I! I •Q� I � I i m I! -jm O < D rTl n y m D `-/ 1 11 J � 11 I 11 I 1 I I { 11 I;1 � I�1 i J I 1 � I '�1 I I I 11 I I I]{ I I II I 1 I / I I Iliil/ -- ---- --- - ----- �In � i i I I L I p I I ` 1 1 111 1 I Y I I J CENTRAL BLVD = _ ��� �F ����� ��►� �MA N�'� viY a 3� 12 AT qi Al ma Ar J {R” XFF QF x a4 1.1 "$$ ' A€ lipi ! a n �p Nth CD € gip{ $ A (y) 3 > si sa> ill n itdIl Et Eli !: �s ►b6F ' � m ad ; '° III s! '$ 46 s Fg No g C=D i4 ;0 a D y /♦i t D r s C a Y.a Au a.G vii Us a r+- �_ x9 � i • -" �"` =e � Y= a = -:_� g� 9!1 s E gg 6 g ^ l g 8 g � 5 a (A u N L < a n F LEGENDS ll Jeff R Iravani Inc. ¢ I SITE PLAN AT ConsWng E rmws m 1934 COMMERCE LANE, SUITE 5 (561) 575 -6030 aamm aaaai THE GARDENS o�rE xxi IIESIGIrO er DRAM/ By JUPITER, FLORIDA 33458 FAX 575 -6088 Aways�SQ 1 I a -w -soot t' -3o' arx vx PALM BEACH GARDENS, FLORIDA &14bel�ta.net W r'� I I I I I L < a n F LEGENDS ll Jeff R Iravani Inc. ¢ I SITE PLAN AT ConsWng E rmws m 1934 COMMERCE LANE, SUITE 5 (561) 575 -6030 aamm aaaai THE GARDENS o�rE xxi IIESIGIrO er DRAM/ By JUPITER, FLORIDA 33458 FAX 575 -6088 Aways�SQ 1 I a -w -soot t' -3o' arx vx PALM BEACH GARDENS, FLORIDA &14bel�ta.net W r'� I I I I I x Id C) Pp p ig n- zl3igo1282HM- lat��gs�Zx� ° il m 1(�IpD j�aim L 1.12C��22� " O mf o z ~� ~O P � n\ a z z m x I , N Ib Q I� ly le I I° Ib I„ I AAI� •V m N V n �+ N N f I I I I <n M z Z N 0 1 x N 9 m o a �Cy m a L C n Z� � � L CONCEPTUAL DEVELOPMENT PLAN LEGENDS ® Jeff H. IravariL Inc. AT CmautUng EVnms DATE scut OESrogm 9r ORA►M er THE GARDENS 1934 COMMERCE LPNE, SUITE 5 (581) 575 -8030 � JUPITER, FLORIDA 33458 FAX 575 -8088 3 06 -10 -2003 1' -30 JHI ZAK PALM BEACH GARDENS, FLORIDA J�1� thr t r I I I I C7 O � 0 w c°n Ira I , N Ib Q I� ly le I I° Ib I„ I AAI� •V m N V n �+ N N f I I I I <n M z Z N 0 1 x N 9 m o a �Cy m a L C n Z� � � L CONCEPTUAL DEVELOPMENT PLAN LEGENDS ® Jeff H. IravariL Inc. AT CmautUng EVnms DATE scut OESrogm 9r ORA►M er THE GARDENS 1934 COMMERCE LPNE, SUITE 5 (581) 575 -8030 � JUPITER, FLORIDA 33458 FAX 575 -8088 3 06 -10 -2003 1' -30 JHI ZAK PALM BEACH GARDENS, FLORIDA J�1� thr t r I I I I H CD w O & A �b z I� 4C "smm IJ IA, j! 1 ®i� m ;�j �A r- Igo€ 0 Fig Ix 6 a O �� Wa�kreens PUD (D o • ',::�• a .� I -v .� � \ � � ���`4� i�l �� Legends at the Gardens - �' 'S`o. ��"• � � `'�,�`�.�w�`�ieiiF:ii1 iig i �� n z ` r Palm Beach Gardens Florida ! 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COLOR NO. i PITTSEAIRGH PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 4 PITTSBURGH PAINT HEAVY CREAM '000 5 PITTSBURGH PAINT so 518 -1 6 PITTSBURGH PAINT GOLD BUFF 215 -4 l PITTSBURGH PAINT JUTE 14 -5 Ing L.I 11 �L- .-II�ILI--.■ ' - - ■1■ ■ - • • - • SPANISH "S" TILE R (RIBTIC LIMEATLlEI CEMENT PLASTER WALL FINISH (R) NO, MANUF. COLOR NO. i PITTSEAIRGH PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 4 PITTSBURGH PAINT HEAVY CREAM '000 5 PITTSBURGH PAINT DELICATE WHITE 518 -1 6 PITTSBURGH PAINT GOLD BUFF 215 -4 l PITTSBURGH PAINT JUTE 14 -5 Ing L.I 11 �L- .-II�ILI--.■ ' - - ■1■ ■ - • • - 0 • SPANISH "S" TILE R (RIBTIC LIMEATLlEI CEMENT PLASTER WALL FINISH (R) BUILDING COLOR LEGEND NO, MANUF. COLOR NO. i PITTSEAIRGH PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 4 PITTSBURGH PAINT HEAVY CREAM 314 -2 5 PITTSBURGH PAINT DELICATE WHITE 518 -1 6 PITTSBURGH PAINT GOLD BUFF 215 -4 l PITTSBURGH PAINT JUTE 14 -5 Ing L.I 11 �L- .-II�ILI--.■ ' - - ■1■ ■ - • • - 0 • BUILDING COLOR LEGEND NO, MANUF. COLOR NO. i PITTSEAIRGH PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 4 PITTSBURGH PAINT HEAVY CREAM 314 -2 5 PITTSBURGH PAINT DELICATE WHITE 518 -1 6 PITTSBURGH PAINT GOLD BUFF 215 -4 l PITTSBURGH PAINT JUTE 14 -5 coeYR— 0 -- —1 n,c 1—T—L —.— i— — —.T. - .-VE.. I i i C. 1f�o Q-, O ap L u.J V L > n Mo N s J� -0, Q Ozi �v 11 C nARDENS POINTS' �a a mWiu� AF -3AA coerR— 0 -- —1 nR —T-T —L cR— .. — —.T. acsEr—, c� o-R o ° °o N Ju -0, NJ iARDENS PO cb �a a O i r n 00 WA-404 •9• ME FaoF � ("nc LFEBTONE) LLI J �. ��, •a•,�E �. U (PMTIO LN EBIONE) Flo i iiiiiiiii CUTLM M BWLDNG BELOW MTLM OF- ILDiNCx BELOJ 1 4 UNT TOWNHOUSE ROOF PLAN 3 2 UNT TOWNHOUSE ROOF PLAN ca z J LL 0 i co W 0 2 Z_ 0 N z H w W LL coerR— 0 -- —1 nR —T-T —L cR— .. — —.T. acsEr—, c� o-R o ° °o N Ju -0, NJ iARDENS PO cb �a a f-i -r- 1(1) 4 UNT TOWNHOUSE GROUND FLOOR PLAN IM 2 UNIT TOWNHOUSE GROUND FLOOR PLAN I ME J co Z_ r 7 1 1 Lh ...................... Al PM ILY _j I WHO R=m Iftoom < .. ... .. ... ................. . . ......... . ............. . A14U h - -- COVERED - - - - -- COVERED I - -- - - - P" ca F ENTRY ENtwr F ENTRY F - - - - - - - - - - - - - - - - - - - - - ---------- LIVNG __I OHM LWM WWI LIVM OHM `9 PNM L. FREE 1 ENTRY OHM j KM F. F__I 1� 0 . .................. ------- OTAIR WAR L ------- J L ------- p2m WAIPt OTANt - - - - - - - STAR pb4 KMCMN 0 FI STAR ---------- .. .. .. .. .. ........... - ---------- -------- - - -------- PROW OHM f� ENTRY 0 w 1 C.ARAOR AMU GARI F_ M pkm "m I IROOM FmT L LY LY i PMLY =L, Iwo" ------- ---------- 1(1) 4 UNT TOWNHOUSE GROUND FLOOR PLAN IM 2 UNIT TOWNHOUSE GROUND FLOOR PLAN I ME J Z_ r DEN 41-1 R Ff Cm-1 B&PIROOM -1 F___I NA" - -LOFT- L I 11 i Fm-14-1 Fm-14-1 I FP-22-11 4 LW TOWNHOUSE SECOND FLOOR PLAN 9 man loom Lm mm'R=m v rm_*� III III III 0 O'T a n Vo ,.�5 -o,-O < L7 < —0 ,AR NJ ITI DENS PO NF cb �a J ...................... Al . . ................ ... ... ... . .. ... .. ... ................. . . ......... . ............. . h KM . .................. • III III III 0 O'T a n Vo ,.�5 -o,-O < L7 < —0 ,AR NJ ITI DENS PO NF cb �a oovrN 6 zooms —1 —N-- ano INC. — niolns nes—. V mw�l lm�l Q- O O �O l7 = r oo� d !3LVIv S ga�O Q OQQ�� `l N b ✓li >� +R LJ DENS "NTE' �a a C -3.1.1 e ",V WON CORIICm i'k '" MS M BAND (5 CERAMIC TILE ACCENT (9J PRE- FMISVffD ALU1S CERAMIC TILE ACCENT (9) GRILLES • WALL RECESS (9) SPANISH °S' TILE F'RE- FMISVffD ALU'IMUM a ` (RUSTIC LR48TONE) E) FFW1E ARBOR W/ BRACIMS (91 GBWNIG TILE ACCENT (9) PM -FNISV D ALU'1NUt ALU9MU'I FASCIA AND AfaHOR (s) Q DRIP (m) i'N4' IRE IN BAfSJ5 fTYPJ /9) T 6 AM ❑ 1 B,-4. V.S. UST RESN WNDOIU READER (') 5UU_T_ PLASTER WALL CAST WINDCW ". v. CGICIETE COLUFN f8) PIE- FMIBHED ALU`11NUy fTTPJ WMDOW9 UY WHITE FRAfRA AND GRAY GLASS 1 REAR CLUBHOUSE ELEVATION SPANISH "S" TILE ROOF e"TIC LA-£SiCNE) S12 CERAMIC TILE ACCENT (9) ALUyIWH FASCIA AND DRIP f51 HHHHHiiiiiiiiiii ii. 2 'x4• MON BANDS (TTPJ 6 Af T R CAST RESIN WINDOW NEA FEAAER BUILT -UP CEMENT PLASTER WAL FINISH (K) 2" " CAST RESIN WINDOW SILL M) • m'-m' PRE- FMISHED ALWIN WINDOWS w UJ41m FRAMES AND GRAY GLASS 2 LEFT CLUBHOUSE ELEVATION (RAMSSPANISH "S' TILE ROOF TILEg1 LI- CERMIIC tILE ACCENT (5) ALUIMU7 FASCIA AND IJPoP l9) 3•x4' MOO BANDS (TTPJ tTop OF SEAM B' -4. CAST MS . WELDER (91 MIL T PLASTE BUILT -UP CEMENT PLASTER WALL FINISH fYr) ]W CAST RESM U. Nom SILL (s) E, ;E-FNISFED ALUYMU'1 WIND CLLB W/ WHITE FRAMES AND GRAY GLASS 3 FROW CLUBHOUSE ELEVATION PRE- FNIOF® A- UmN,,I GRILLES WALL RECESS (5) I" RE"SALS 1 CERAMIC TILE ACCENT (9) SPANISH °S' TILE FOCF S2 (pISTIC LIMESTONE) ALUhMU'1 FASCIA AND DRIP (9J :OP OF SEMI o ❑ o o 0 PRE-FNISNED AL-NM FRME ARBOR W/ �T9 (5) b b CONCRETE COLU'N (5) TYPJ GRCIND 0.00R ELEV. PRE - FINISHED ALU! 11NU'1 WINDOIWf WJ WHITE FRAMES AND GRAY GLASS 4 RMT CLUBHOUSE ELEVATION I BUILDING COLOR LEGEND NO. MANUF. COLOR NO. I PITTSBUR P PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 4 PITTSBURGH PAINT HEAVY CREAM 314 -2 5 PITTSBURGH PAINT DELICATE WHITE 518 -1 6 PITTSBURGH PAINT I GOLD BUFF 215 -4 7 IFITTS5URGP PAINT I JUTE 14 -5 oovrN 6 zooms —1 —N-- ano INC. — niolns nes—. V mw�l lm�l Q- O O �O l7 = r oo� d !3LVIv S ga�O Q OQQ�� `l N b ✓li >� +R LJ DENS "NTE' �a a C -3.1.1 V MR1 M�l o- o� l7 = r oo� Q N✓� S ga�O Q Q +R i ARDENT "NTE' �a a , , , , .—I —, 0.0- — .—IT.— —.1. — ALL -- RE=Ea Eo. V mw�l lm�l 1 C o- o� L L�/vl � N n oo� N b If co �N✓� Q ^ oa +R i ARDENS "NTE' �a a I�FAIROGII ;��� <� VA AV A AA AV1 ,� �� II I cIO'1 CJJU10 M4CNRE8 YEBTIBULE �, Y4-w J — - - -- J cme II II — �___ BAR u QiICE II II II II II II II II II II II II II II II II II II I I 1n I II ®__� Tr II II II II II II II II II II 1 CLUM-MM GROUND FLOOR PLAN n .—I —, 0.0- — .—IT.— —.1. — ALL -- RE=Ea Eo. V mw�l lm�l 1 C o- o� L L�/vl � N n oo� N b If co �N✓� Q ^ oa +R i ARDENS "NTE' �a a 4 T it • • r. c� OR o ° °o n o -o N b Tf N- h -0 20 Q 0 NJ iARDENS PO cb �a a M, coeYR— 0 -- —1 n .1—T —L -- i— — —.T. acsEr—, hill O-R O 00 L v v U _ � Q L � o� -0 N r ,0 Q OQQ� Q Vo. b .. NJ �ARDENS PC) cb �a a 0 BUILDING COLOR LEGEND T NO. MANUF. COLOR NO. I PITTSBURGH PAINT DUSTY YELLOW 214 -3 2 PITTSBURGH PAINT SPICED VINEGAR 314 -4 3 PITTSBURGH PAINT CLEAR YELLOW 211 -1 9r— 4 PITTSBURGH PAINT HEAVY CREAM 314 -2 W PRE- FMI&ED ALUMMU9 FASCIA I' CIA RESIN MEDALLION(5 5 PITTSBURGH PAINT DELICATE WHITE 518 -I J SPA I1 •S' TILE RooF (RUSTIC -Im" I 6 IFITTSBURGH PAINT I GOLD BUFF 215 -4 Q LIMESTCNE)(TY ..1 +� I 7 PITTSBURGH PAINT I JUTE 14 -5 U Pte- FINISHED ALUMIINPI FASCIA 3m "x36" RESIN CORM TYPICAL ELEMENT (5) CEMENT RASTER (5 b 0 0 0 0 o ROOF DECK LEVEL co 0 CEMENT PLASTER ('b) CEMENT PLASTER (F4 3°x15• RESIN 5M TYPICAL ELEMENT (5) 4 °43" RESIN BAND O IxTH. FLOOR ELEV .IIm' -m" ImtH. FLOOR 0 ... O TYPICAL ELEMENT (5J V. -IR° RESIN BAND TYPICAL ELEMENT (5) I ®II® ELEV.. 90' -m" 9i". FLOOR.. CEMENT PLASTER [Ml CEMENT PLASTER (41 FIN 50 eT". FLOOR.. WINDOW WIT" W"ITE FRAME AND GRAY GLA99 - tt".RODR CENT RESIN WINDOW BILL (5) CEMENT PLASTER <W CEMENT PLASTER 1%) LEV.. bm' -m" 6TH. FLOOR .� INID ALIIMMIIM P - FB"E GRILL 3 "xb" REBIN COPING EAND CEMENT PLASTER ew FIR ® F9 ELEV.. 5T". FLOOR .� ELEV . 4m' -m° TERRACE DECK ❑ ❑ ICI o o — — — o o _n ❑ ❑ ELEV.. xm' -m" O xND PAlT ELEV.. Im' -6' CROWD FLOOR I CEMENT PLASTER M) CEMENT PLASTER (95) CONCRETE COLUMNS DEMENT PLASTER (.l) CEMENT PLASTER (5J 3 SOUTH TOWER - EAST ELEVATION 61� 612 0 �. ROOF DECK LEVEL v ELEV.. Ixr -6' . 1xt". FLOOR 0 v ELEV.. IIm• - ®" r ^ VJ IIT". FLOOR O Z ME FIN EL LE El ml 0 1 E x. 9TH. FLOOR v , ELEV . em' -m" EE RR FIR FEE ® . STH. FLOOR J • •�• VWJ btH. FLOOR ELEV . 9m' -m" 9TH. BOOR PPI pip. pug pq x. TERRACE DECK $ ELEV . 3m'-m" .C( W L r w 3RD PARKMG Q - xNOPARKMG KEY PLAN W OOR . LEVEL m' -m " Tim''''" ao s 4 SOUTH TOWER - WEST ELEVATION fA coeYR— 0 -- —1 n .1—T —L -- i— — —.T. acsEr—, hill O-R O 00 L v v U _ � Q L � o� -0 N r ,0 Q OQQ� Q Vo. b .. 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I L_L_I 1 I I o PROPOSED I 11 \ TION \ ELEV-11.00 / 11 Q LI_J -. \I I EXISTING CONCRETE CONCRETE / TO REMAIN REMAIN 1 TO 1 Q w i ' / I I / AT , Q ,71 1 THICXRNEDIEDGE �I /' I I Yr EXISTING 1 CRETE 1' CONCRETEFHDEW,LLIC I /I / IDEWALK 1 U SI GRADES 1 ♦, M STRIAN ACCESS — , \ , / ' ' fn ' , - I �` RAMP PER FOOT 1, INDEX 1.704 _� / I I / —u.o - ' ( \` EASEMENT I D =04'5'01 " (J n STAIRS � O R =570.87' q .45 ' L= 42.34' HANDRAIL I ! (NP y t JI 1 I .) / + / e 111 EXISSTINGE I ; 1 I 1 17.41 14.42 ril ,/ , _ I SIDEWALK , Io - HANgCAP• / �• / `\ I I TO REMAIN T 1 % I i I �PMSLOPE /4.a ,� J , / II " `EXISTING FPL I I 31 , ; (TYP. 5' WIDE) EASEMENT o I T q I a € I �N 15.60 SEACOAST UTILITY TI PROP , \ / \ EASEMENT C.O. SALES LE (2a'x6U;) I I 1( F.F.=17. 5 4.4 11 J 14. \ 1 01 1 1 PROPOSED SALES TRAILER - \ j� 1 1 T� r \\ I I 1 1 (12X60 11 - .. \a, SANITARY LATERAL / , - -- -- -- .._ _ L `� .�- � . 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LE-6. �/ _ 1 - _ �-_ " _ - 4 - _ 1� Z8.36� \� p # - CROSSWALK 1 \ENGINEER - 6R7 RECORD. 1 �--%' / Irf TEE, 2' G.V.. 1 -1/2' WATER MEM dd 1 1 •s '• �,/ _ ��d FtALEI TR LER A�IP)kTED TO / \ 2' BACKFLOW PREVO/TOR AID 2'%1' REDUCER .m -d'=' X/ N -SI FO M04S 8'x8' TAPPING fass�sr SLEEVE AND VALVE �r m C pR vL 1 ____ �\ \ m m _KY010, = 19'30'20' 1 R= 575.87' / - - L= 196.05 - Y U) Q O 1 � W U m mm� o W � Q a K. 8 g M 7 r �1T �R yE Wa t z z isZ �_ � Efi W . � G 2 C5 Z w o W R Z a� z W it I W QgO Z Ic UJ � C7 W a 18 m Morch 23, 1000 si bow Mr11TIAA' aax III Fkx PE Nn 00M iS PROJECT NO. 04-0106-001-01 C-20 SHEET ALL HANDICAP ACCESSIBLE RA MPS SHALL MEET ALL 1 APPLICABLE LOCAL, REGIONAL, �• r ,, -' - a_� - - 1 11 �I' 11 ST(TE, AND FEDERAL ACCESSI$ILITY GUIDELINES AND 1 MANHOLE I.E =4.38t POLYETHELNE 1 WAS SERVICE 1 1 i� \\ 1 \� REGULATIONS-, ANY MODIFICATIONS T ' C.O. LE -6.56 1 ��$s `• All BE APQROVED BY THE \ENGINEER - 6R7 RECORD. 1 �--%' / Irf TEE, 2' G.V.. 1 -1/2' WATER MEM dd 1 1 •s '• �,/ _ ��d FtALEI TR LER A�IP)kTED TO / \ 2' BACKFLOW PREVO/TOR AID 2'%1' REDUCER .m -d'=' X/ N -SI FO M04S 8'x8' TAPPING fass�sr SLEEVE AND VALVE �r m C pR vL 1 ____ �\ \ m m _KY010, = 19'30'20' 1 R= 575.87' / - - L= 196.05 - Y U) Q O 1 � W U m mm� o W � Q a K. 8 g M 7 r �1T �R yE Wa t z z isZ �_ � Efi W . � G 2 C5 Z w o W R Z a� z W it I W QgO Z Ic UJ � C7 W a 18 m Morch 23, 1000 si bow Mr11TIAA' aax III Fkx PE Nn 00M iS PROJECT NO. 04-0106-001-01 C-20 SHEET ,� '� ✓ EXISTING SANITARY �' r4 MANHOLE I.E =4.38t (CONTRACTOR TO FIELD VERIFY PRIOR TO CONSTRUCTION) \ENGINEER - 6R7 RECORD. 1 �--%' / Irf TEE, 2' G.V.. 1 -1/2' WATER MEM dd 1 1 •s '• �,/ _ ��d FtALEI TR LER A�IP)kTED TO / \ 2' BACKFLOW PREVO/TOR AID 2'%1' REDUCER .m -d'=' X/ N -SI FO M04S 8'x8' TAPPING fass�sr SLEEVE AND VALVE �r m C pR vL 1 ____ �\ \ m m _KY010, = 19'30'20' 1 R= 575.87' / - - L= 196.05 - Y U) Q O 1 � W U m mm� o W � Q a K. 8 g M 7 r �1T �R yE Wa t z z isZ �_ � Efi W . � G 2 C5 Z w o W R Z a� z W it I W QgO Z Ic UJ � C7 W a 18 m Morch 23, 1000 si bow Mr11TIAA' aax III Fkx PE Nn 00M iS PROJECT NO. 04-0106-001-01 C-20 SHEET cov .- 0 2-. -1 uecRlTEemrFx orsouv, wc. ALL n�oRTS aESEavEO. I c� o °o L7 v� ro n o 00 N Q ~G�� a oW h 11 )ENS "NTf �a a i i i � Z CD LdNDMdRG TOIIER W -j . . . . . . . . . . . . . . . . . . . . . . . . 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I c� o °o L7 v� ro n o 00 N Q ~G�� a oW h 11 )ENS "NTf �a a i i i Please Print Name: I )�lI/ COMMENTS FROM THE PUBLIC Request to Address City Council r<5 Address: —, �'.•'% City: a�1�i Subject: A6 _s G Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: L I ► 1' L Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.