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HomeMy WebLinkAboutAgenda PZAB 011006City of Palm Beach Gardens Lk �AIIL January l 0, 2oo6 Randoo7h Hansen Dennis Solomon Craig Xunkle Michael Panczak Douglas Pennell Barry Present Jonathan D. Rubins Joy Hecht (is, Aft.) Amir Xanel (2^1 Aft.) DATE: January 10, 2006 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, January 10, 2006 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, January 10; 2006. This meeting will be held in the Council Chambers, Pahn 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, Administrative Assistant II, will call to confirm your attendance. Charles K. Wu, AICP Growth Management Administrator CKW:hlg s. • 0 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING December 13, 2005 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: Charles Wu reported City Council had approved the following three cases: (1) Ordinance 33, 2005 —a housekeeping matter to clean up the code that required a plat to go before P &Z and City Council, now they would all go straight to City Council; (2) Frenchmans Yacht Club — with encouragement to the developer to meet with adjacent residents; and (3) Parcel 5A. APPROVAL OF MINUTES: NOVEMBER 8, 2005 Mr. Hansen noted the correct spelling of Coulter should be Kolter. Mr. Hansen moved approval of the November 8, 2005 meeting minutes; motion was seconded by Mr. Pennell and unanimously approved. ROLL CALL Betty Laur, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Chair Craig Kunkle Vice Chair Barry Present Dennis Solomon Douglas Pennell Randolph Hansen Jonathan D. Rubins Joy Hecht (1St Alt.) Amir Kanel (2 "d Alt.) Absent Michael Panczak All those intending to testify in any of tonight's hearings were sworn in. Public Hearing: Petition: LDR- 05 -04: Targeted Expedited Permitting Program LDR change Recommendation to City Council. Ordinance 1, 2006 1Petition LDR- 05 -04: A City- initiated request to amend the Land Development Regulations by creating a new Section 78 -57 entitled Targeted Expedited Permitting Program. Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 2 • Economic Development and Marketing Director Delores Key presented the staff report. Chair Kunkle declared the public hearing open. John Chaplik asked if the City's position was firm not to add financial incentives for employers and if new employees were defined as new to Palm Beach Gardens and if a $45,000 salary was out of date considering the rise in housing values. Ms. Key responded that it would take a community -wide referendum initiated by City Council to add financial incentives; jobs new to the local community would be considered new employees; and that $45,000 was considered outdated and the figure should be a median salary rather than cost of living, and discussed workforce housing. Hearing no further comments from the public, Chair Kunkle declared the public hearing closed. Mr. Solomon asked what an expedited permitting program did —Ms. Key responded it would be `prioritized at the City and get all staff comments within five days. Mr. Solomon asked if this would take staff time from other applicants, and expressed his opinion it was not really necessary. Ms. Key confirmed that the goal was to increase the tax base through these incentives, and at the present time there were approximately 3% value added employers within the City, and there should be 15% to 20 %. Mr. Solomon suggested a deadline date for giving priority. Mr. Wu indicated when there were enough value added jobs, City Council could pass a resolution to stop giving priority. Mr. Present asked what surrounding cities did regarding targeted permitting. Ms. Key indicated Palm Beach Gardens would be the first to adopt this type of program and do it • on a legal basis. Mr. Hansen asked how long a DRC review took at the present time, which Mr. Wu indicated was 2 -3 weeks, depending upon whether the application was complete or had concurrency, etc. An applicant for this program would be reviewed in 5 days and put at the top of the pile in the building department for permitting and revisions. Mr. Kanel asked if government agencies such as the Corps of Engineers could provide help, to which Ms. Key responded those would be in the form of grants to help operating costs and explained how confidentiality agreements could affect qualification of a business or individual. Chair Kunkle cautioned that staff might have to stand firm since applicants might strong -arm them to get higher priority. Mr. Wu indicated applicants were always interested in reducing their application processing time, and staff always told them of this program and got them into this .process if they qualified: Mr. Present recommended placing this on the web site. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition LDR- 05 -04. Mr. Solomon seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council - Evaluation and Appraisal Report: • Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 3 Identification of "Major Issues" to be included in the Evaluation and Appraisal Report for the City's Comprehensive Plan process per the requirements of Chapter 163.3191, Florida Statutes. Planning Manager Brad Wiseman presented the staff report update since the last meeting, and asked for final comments. Mr. Hansen commented he thought what was proposed looked very good, that workforce housing was a good addition but would take creative planning to accomplish. Mr. Hansen felt the western growth needed to be carefully looked at and proactive, with as much conservation as possible for quality of life. Mr. Pennell reported his meeting with staff had been very good, and he thought affordable housing was the biggest challenge. Mr. Pennell described a program in Aspen, Colorado which allowed purchase of affordable homes with five years before they could be sold, and then everyone sold and took their profits, and commented he did not know how a builder could be forced to build inexpensive homes. Mr. Kanel quoted from page 13 "the city shall maintain adequate infrastructure to accommodate managed growth" and discussed bringing utilities to the western area, noting he had seen nothing on the plans for utility easements. Mr. Kanel commented there was a huge area, No. 5, on the road map where people had to go around gated communities. Mr. Wu explained No. 5 was owned by the State and County and was • conservation area and could never be developed, and existing land uses were shown for the Vavrus property until the actual use was known. Mr. Solomon asked the plan or concept for western growth. Mr. Wiseman indicated that policy would be addressed by City Council after the Scripps location was decided; at present it was rural level of service. Mr. Solomon stated he had a problem with the - sentence: Develop policies that require developers to implement the transit system during the development and review process. Discussion ensued. Mr. Solomon felt that was unfair to developers and it should be deleted. Mr. Wu responded staff had no problem deleting that sentence. Mr. Solomon commented attainable housing and affordable housing had been used —Mr. Wiseman indicated those would be changed to workforce housing. Mr. Solomon suggested the City could work with agencies with the authority to issue bonds, which would allow a developer to build less expensive housing. Ms. Hecht asked if there was already a transit system,, bussing around the area, for Downtown at the Gardens. Mr. Wu responded the City would be conducting a study to determine how successful a transit system could be. Chair Kunkle felt there should be consideration for future intent for a transit system, which might include designating land for a future bus stop. Mr. Wu advised that PZA would continue to see this report over the next 18 months. • MOTION: Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 4 • Mr. Solomon made a motion to recommend approval to City Council the Evaluation and Appraisal Report subject to the PZA discussion and elimination of the sentence "Develop policies that require developers to implement the transit system during the development and review process." Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council. Ex Parte Communication (Quasi Judicial) Petition: MNSP- 05 -05 -01 & ABAND- 05 -01: Gardens Home M ,-mt Svcs Public Hearing and Recommendation to City Council. Urban Design Studio, agent for John C. Bills, Trustee, is requesting a minor site plan amendment to allow the conversion of a former fire station to a professional office. The applicant is also requesting the abandonment of the north /south portion of Fairview Lane in order to provide required parking and buffer for the site. The .737 -acre parcel is located generally at the southwest corner of PGA Boulevard and the Florida Turnpike within the PGA National Resort Planned Community Development. No ex -parte communication was reported. Anna Booth, Urban Design Studio, presented the proposed project and reviewed five requested waivers. Mr. Hansen asked if the City received any compensation for an abandonment that ended • up in the hands of a private landowner. Mr. Wu responded such payment had not been considered. Mr. Hansen encouraged City Council to consider payment for abandoned land. Ms. Booth indicated the underground fuel tanks would be removed and the applicant would meet all EPA requirements. Mr. Hansen requested 10' parking spaces, and requested the air conditioning units be removed from the roof. Mr. Pennell stated he agreed with staff on the waivers and he also agreed with Mr. Hansen. Mr. Present complimented the applicant on creative use of a former fire station. Mr. Kanel expressed concern regarding contaminants from the fuel tanks. Jim Griffin responded that the tanks belonged to the Palm Beach Gardens Fire Department and when they abandoned them they had filled them with sand and cut off the hoses and pipes and there was no issue except the applicant was going to remove what was left. Mr. Kanel agreed with Mr. Hansen to remove the air conditioning unit from the roof and place it on the ground. Mr. Solomon commented this was one of the less visible sites in the City, and there was not much more to be done; and abandonments by municipalities were generally not compensated —the general rule was adjacent property owners would acquire to the centerline of the road. Mr. Solomon requested the applicant work with staff to improve the screening or find a place for the air conditioning unit on the ground. • Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 5 • Mr. Rubins asked if the previous sign letters had been 12 ", which was confirmed by the applicant. Mr. Rubins indicated he agreed with Mr. Hansen regarding the air conditioners. Ms. Hecht asked if the a/c units could go on the concrete slab where a generator was shown. Ms. Booth indicated there would not be a generator, and asked if the board could support an additional waiver for landscape screening around a/c units if they were located in the 5' landscape space in the rear between the building and the loading area. The board indicated they would support that waiver. Mr. Wu asked if it could be screened with a fence. The applicant indicated they would work with staff. Mr. Kanel asked who would be responsible if contaminants were found in the future; the response by the City Attorney was that the current and prior property owners could be liable. Mr. Griffin indicated he appreciated the comments, and they had found a way to reverse a blight on the City. MOTION: Mr. Hansen made a motion to recommend to City Council approval of ABAND -05- 01, abandonment of the north /south portion of Fairview Lane in order to provide • required parking and buffer for the site. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. MOTION: Mr. Hansen made a motion to recommend to City Council approval of petition MNSP- 05- 05 -01, with waivers and conditions as recommended by staff, with one exception: that the air conditioning units be removed from the rooftop and placed on the ground, and a satisfactory location would be to place them on the north side of the building between the loading space and the building wall and be screened with a fence. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition: MISC- 05- 06 -05: North Corp Corporate Park Recommendation to City Council: A request by Kimberly Thaler of Cotleur & Hearing, on behalf of John C. Bills Enterprises, Ltd. /Northcorp III Ltd., for approval of a Master Signage Program for the Northcorp Corporate Park Planned Community Development (PCD), generally bounded by the Gardens Station PUD to the north, Interstate 95 to the west, Burns Road to the south, and the FEC Railway to the east. • Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 6 • No ex -parte communications were declared. Kimberly Thaler of Cotleur & Hearing presented the petition. Ms. Hecht indicated she liked the signs but felt they were too close to the road; the applicant responded they met code. Mr. Rubins commented this was good work, Mr. Pennell thanked the applicant for working with staff, and Mr. Hansen questioned how many numbers would be on the bollards. Jim Griffin responded on behalf of the applicant, indicating that as few numbers as possible would be used on these signs in order to direct people to the buildings. Mr. Hansen requested on pages B4 and B4 -1 in the wording "dimensional base optional" that the word "optional" be removed, which was agreed to by staff and the applicant. MOTION: Mr. Rubins made a motion to recommend to City Council approval of petition MISC- 05- 06 -05. Ms. Hecht seconded the motion, which carried by unanimous 7 -0 vote. Following a short break, the meeting reconvened. Workshop: • Petition: LDR- 05 -06: Off -Site Mitikation Workshop: Ordinance 30, 2005 provides for the amendment to the City's Code of Ordinances by amending Chapter 78, "Land Development," Article V, "Supplementary Regulations," Division 5, "Natural Resources and Environmentally Significant Lands," relating to approval criteria for proposed land alteration, alternative forms of mitigation, and amending Article VIII, "Definitions." City Forester Mark Hendrickson provided an update since the last presentation, advising the board had seen this in the comprehensive plan, and he had mimicked the terms approved in the comp plan and placed them in the LDR's. Highlighted were that this amendment would confirm that money in lieu of would not apply west of the urban growth boundary, and would make it difficult in other parts of the city; that one could not do 100% off -site mitigation anywhere within the City —if the 25% required was 40 acres or more, 50% must stay on -site; and the biggest portion of this amendment was to clarify and clean up the appraisal process. Mr. Solomon referred to page 4 of the staff report, section 78 -250, preserve area requirements, minimum requirements – 25 %, and asked how this would affect someone coming in. Mr. Hendrickson explained that there was very little land within the City that would have 100% of the entire site that would be environmentally significant and all uplands. On every project with environmentally significant lands, staff evaluated the environmental assessment, classifying the Florida native eco- systems which resulted in classification as an upland or wetland. The 25% set aside was 25% of the viable upland • habitat on that site. Mr. Solomon asked if there was an appeal to the 25 %, to which Mr. Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 7 Hendrickson's response. was the environmentalist for the city and the environmentalist for the applicant worked out the acreage and they were usually pretty close. Mr. Solomon commented he could see an appeal was not needed. Mr. Solomon referred to page 6 paragraph D, which read: fee simple market value shall be determined by an independent appraiser, and asked who selected the appraiser. Mr. Hendrickson explained that if the developer had selected an appraiser who was a member of the appraisal institute and was an independent State certified general property appraiser, that would be acceptable to the City. If the City was uncomfortable with the appraisal they could ask for another one. Mr. Solomon commented the words "acceptable to the City" should be included. Mr. Wu indicated that could be added. Mr. Solomon asked if the language: the cash payment shall be equivalent to the average per acre appraised value of the whole property at the time of development approval was what Mr. Hendrickson had been referring to when he said the appraiser was supposed to make a judgment on the value of the property based on if it was developable, which was confirmed. Mr. Present commented this included both upland and wetlands. Mr. Hendrickson responded it was really clarifying that mitigation was possible. Mr. Present commented he agreed with the appraisal approach, and the big point was the City was almost at buildout and on redevelopment this would protect the City's uplands. Wetland values were established by wetland mitigation banks, but uplands were more difficult, and the City should let developers know up front the City's position so as not to get into too much discussion of values. • Chair Kunkle announced there would be a public hearing and then this would go to City Council. OLD BUSINESS There was no old business to come before the board. NEW BUSINESS Mr. Hansen commented that in the approval of Downtown at the Gardens this board did not see Cheesecake Factory in the plans. Mr. Benothman responded staff had approved that, and explained that staff was now authorized by code to approve additional square footages, in amendments to site plans, and each storefront in Downtown at the Gardens would have their own architectural design. • Planning, Zoning, and Appeals Board Meeting Minutes December 13, 2005 Page 8 • ADJOURNMENT There being no further business, the meeting was adjourned at 8:35 p.m. The next regular meeting will be held January 10, 2006. APPROVED: Craig Kunkle, Jr., Chair Barry Present, Vice Chair Dennis Solomon Randolph Hansen Douglas Pennell Michael Panczak Jonathan Rubins Joy Hecht Amil Kanel Betty Laur, Secretary for the Meeting • • • CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum .Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 SUBJECT /AGENDA ITEM PUDA- 05- 09 -01: RCA Center PUD — Revisions to Approved Development Plans Public Hearing and Recommendation to City Council: A request by Mr. Jeffery P. Marshall, of RCA Center II of Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development (PUD) to allow for (1) a reallocation of square footage between certain buildings on site; (2) revised footprints and elevations of certain buildings to accommodate the changes in square footage; (3) the introduction of a parking structure; and (4) other minor. changes to the site and landscape plans. The approximately 30.03 -acre RCA Center PUD is generally bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the east, the Gardens Station Mixed - Use PUD to the south, and RCA Boulevard to the west. [X] Recommendation to APPROVE with two (2) requested waivers and conditions of approval [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A PZAB Action: Growth Ma97; t: [ ] Approved City Attorney n Project Costs: $ N/A [ ] App. w/ conditions Christine Tatum Mana er g Total [ ]Denied Finance Administrato ichael hez [ ] Rec. approval Allan Owens Planning Manager $ N/A [ ] Rec. app. w/ conds. [X] Quasi — Judicial Current FY [ ] Rec. Denial Development Compliance [ ] Legislative [ ] Continued to: Bahareh Keshavarz- Wolfs, [X] Public Hearing Funding Source: Attachments: AICP Advertised: Growth M na m t Date: December 30, { ] Operating • Applicant's Waiver Administr or 2005 [X] Other NA Justification Comment Charles K. u, AICP Paper: Palm Beach Post p Memo Memo [X] Required Budget Acct. #: • Resolution 216, 2004 • Currently Approved Approved By: City Manager [ ] Not Required N/A Site Plan • Site Plan • Landscape Plan Affected Parties: . Building Elevations Ronald M. Ferris [X] Notified and Floor Plans [ ] Not Required Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 • BACKGROUND On March 16, 2000, the City Council approved Resolution 20, 2000, thereby granting the 30.03- acre subject property, referred to as "Parcel 5B ", a waiver from the mandatory residential requirement for Mixed -Use (MXD) projects. On February 1, 2001, the City Council approved Resolution 1, 2001 providing for the approval of a ten (10) acre conceptual upland preserve set aside for Parcel 28.01, Parcel 28.02, Parcel 5A, and the subject property to be located within Parcel 5A in order to satisfy the minimum 25% upland preserve requirement for the four (4) aforementioned parcels. On December 16, 2004, the City Council approved Resolution 216, 2004 thereby approving the development order for the subject property referred to as the "RCA Center Planned Unit Development" (PUD) (the "Project "). The originally approved site plan shown below consisted of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of light industrial use within 13 buildings ranging. from one (1) to three (3) stories in height. • r tom. • a c t = N $ A �... 2 UP Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 LAND USE & ZONING • The land -use designation of the subject site as shown on the City's Future Land Use Ma is Mixed � J Y p Use (MXD). The site is zoned Mixed -Use Planned Unit Development (MXD/PUD) Overlay with an underlying zoning of Mixed -Use (MXD). CONCURRENCY The original concurrency approval for the Project contained 150,000 sf of retail use; 100,000 sf of office use; and 50,000 sf of light industrial use (300,000 sf total). As part of the currently proposed site plan amendment, the applicant submitted a traffic equivalency statement that was approved by the Palm Beach County Traffic Division and the City's traffic consultant that allowed for the development of 102,500 sf of professional office use; 20,000 sf of medical office use; 89,000 sf of retail use; and 179,400 sf of furniture store use (390,900 sf total). The increase in square footage permitted within the project is due to the fact that furniture store uses generate less traffic'than regular retail uses. The applicant has been advised that if all of the approved square footage is constructed on site, the furniture store uses cannot be converted to a more intense use, such as regular retail, in the future without obtaining additional traffic concurrency. A condition of approval relating to the same has been included. CONDITION # 43 OF RESOLUTION 216,2004: TRI -RAIL TRANSIT STATION Prior to the original site plan approval of the Project, the South Florida Regional Transportation • Authority ( SFRTA) began conducting a study, referred to as the "Jupiter Corridor Alternatives Analysis," to determine the feasibility of extending Tri -Rail from its current northernmost station in Mangonia Park to Jupiter. As part the study, the SFRTA identified a possible location for a Tri -Rail transit station in the vicinity of the intersection of PGA Boulevard and the Florida East Coast (FEC) Railway. In December of 2003, staff met with representatives from the South Florida Regional Transportation Authority to identify possible sites for a Tri-Rail transit station within the City in close proximity to PGA Boulevard. Two (2) sites were identified: Parcel 5A (northwest corner of PGA Boulevard and Alternate AlA) and Parcel 5B (southwest corner of PGA Boulevard and Alternate A 1 A). At the City Council meeting of March 18, 2004, at which the possible future Tri -Rail station was discussed, while an official vote was not taken, certain members of the City Council made it be known to staff that it preferred the transit station to be located on Parcel 5B, rather than on Parcel 5A. It was the opinion of certain City Council members that a passenger transit station on Parcel 5A would adversely affect the adjacent Garden Woods neighborhood. In an effort to bring the possible Tri -Rail station to fruition, staff had several meetings and discussions with representatives from the SFRTA and the Treasure Coast Regional Planning Council (TCRPC), as well as meetings with the land owner, to come up with a strategy to accommodate a station within the development plans for the Project. The strategy that was agreed s upon, which was made a condition of approval ( #43) in the approving resolution, was that, subsequent to the approval, of the Project in December of 2004, the applicant would work in 3 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 conjunction with the TCRPC, the SFRTA, and the City to make any and all necessary modifications • to the development plans for the portion of land lying east of RCA Center Drive (North/South Road) to accommodate the potential of a Tri -Rail transit station. The modifications would be approved administratively by staff so long as any exterior elevation changes were architecturally consistent with the approved buildings. The condition of approval further stipulated that if the final results of the Jupiter Corridor Alternatives Analysis determine that a Tri-Rail station will be constructed on the subject property, the applicant, its successors or assigns were required to work cooperatively with the SFTRA and the City to facilitate the construction of said station and all ancillary uses /structures in a timely manner. CURRENTLY APPROVED SITE PLAN In accordance with the aforesaid condition, the applicant worked with the TCRPC, the SFRTA and the City to modify the originally approved site plan to accommodate a transit station. The results of such negotiations were as follows: ❖ The applicant would relocate all (or most) of the square footage located on the east side of RCA Center Drive to the western portion of the site; and ❖ The applicant would provide a conceptual site plan for the transit station on the east side of RCA Center Drive to include a bus loop, the transit station, and vacant developable land, the use of which would be determined at a later date. In order to satisfy the terms of the condition, the applicant submitted the currently approved site • plan that encompassed the items listed above (please see attached site plan labeled as "APPROVED"). However, at the request of the TCRPC, the applicant would continue to work with the TCRPC in an effort to redesign the western portion of the site to make it as compatible to a transit station as possible, or "transit ready." TCRPC ROLE IN SITE PLAN REVIEW The above - mentioned Jupiter Corridor Alternatives Analysis has recently developed into a larger, more comprehensive study called the "South Florida East Coast Corridor Transit Study" (the "Study ") that seeks to reduce roadway congestion and improve mobility by providing local and regional passenger transit service for Miami -Dade, Broward and Palm Beach counties. The Study is expected to be completed between 2008 and 2010 and construction of improvements completed between 2012 and 2019. Staff attended a kickoff meeting for the Study in December of 2005, at which time representatives from the Florida Department of Transportation (FDOT) who manage the Study stated that the extension of Tri -Rail north of Mangonia Park to Jupiter through Palm Beach Gardens poses less roadblocks than other improvements under review by the Study and could be completed by 2012, The TCRPC has been contracted by the FDOT to visit the municipalities along a two (2) mile transit corridor from Miami to Jupiter (generally east of Interstate 95) in an effort to create land -uses along the corridor that encourage mass transit ridership referred to as "Transit Oriented Developments" (TOD) (see following section). Consequently, TCPRC representatives have continued to work with •the applicant to modify the site plan to incorporate the concepts of a TOD. One (1) major component that the TCRPC strongly recommends be added to this and any TOD site plan is high- Ei Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 •density residential dwelling units, which the applicant has indicated they are in favor of. However, the introduction of high- density residential units to this site requires certain amendments to the City's Comprehensive Plan and LDRs. TCRPC is currently working with City staff to come up with language in the City's Comprehensive Plan and LDRs relating to TODs for review by the PZAB and the City Council in the near future. Should the TOD concept and accompanying Comprehensive Plan and LDR language be adopted by the City Council, the applicant would submit a subsequent site plan amendment application to include residential units. TRANSIT ORIENTED DEVELOPMENT (TOD) A Transit Oriented Development is typically a pedestrian- friendly, mixed -use form development designed to complement a transit station or transit corridor. TODs typically encompass a quarter- to half -mile ring around transit (10 to 15- minute walking distance), providing an appropriate venue for regional destinations, multi -modal transit hubs (buses, taxis, Palm Tran, etc.), and both attainable (workforce especially) as well as market -rate housing. TODs are characterized by easy mobility for pedestrians and bicyclists and are often complemented by collector transit systems, such as trolleys, buses, or para- transit. Parking within TODs is typically reduced and managed within the TOD district to further encourage transit ridership. PROJECT DETAILS The proposed changes to the approved development plans incorporate some of the recommendations made by the TCRPC during their review of the approved plan (please see • attached comment memorandum from TCRPC dated April 1, 2005). Other changes proposed are a result of tenant requests. The proposed changes were deemed by the Growth Management Administrator to warrant the review of the PZAB and the City Council. Said changes are as follows: 1. Building 2 has been increased from 45,000 sf to 60,000 sf. The elevation will generally remain the same; however, the building will increase from three (3) stories to four (4) stories. This building has been rotated and shifted to the east. 2. Building 3 has increased from 24,000 sf to 52,600 sf and from one (1) story to two (2) stories. 3. Building 4 has increased from 8,550 sf to 12,500 s£ An arcade feature has been introduced between Buildings 3 and 4. 4. A new parking structure has been added within the northern portion of the site. This structure will include architectural elements on the North, East and West side to enhance aesthetics (see attached. The south side of garage will be masked by a three (3) story building which will include ground floor retail /commercial space. The upper stories will be designed as loft style commercial spaces. 5. The lakes have been slightly reconfigured as shown on the master plan. 6. A new plaza area located at the intersection of the two (2) City roadways has been added for public gathering. 7. At the request of staff, a small "pocket park" with large shade trees, benches and a sodded • area has been introduced between Buildings 1 and 5. 5 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 8. The location of a future parking garage has been shown on the southwest corner of the site • plan. This parking garage will be utilized at such time when future residential uses and the transit station are introduced. Said garage and any future development on the eastern portion of the site would require the review of the PZAB and the City Council. 9. An increase in the overall square footage of the project by 90,900 square feet. 10. The introduction of "Furniture" and "Medical Office" uses in the traffic concurrency approval for the Project. Sta f Anal sy is of Proposed Site Plan Changes Due to the idea of increasing the intensity of the site from that previously approved by incorporating a transit station and future residential uses on site, the applicant has been willing to work with the City and the TCRPC to modify the site plan in accordance with recommendations made by the TCRPC in the attached memorandum. As stated previously, the introduction of multi- family residential uses to the site is strongly encouraged by the TCRPC; however, such a change will be brought before the PZAB and the City Council at a later date since a comprehensive plan amendment is required. The currently proposed major change to the plan is the relocation of all of the parking for the currently proposed uses to the portion of the site lying west of RCA Center Drive so that the eastern portion of the site can remain vacant until such time when it is determined whether Tri -Rail will be extended north and a transit station built on the subject site. The applicant incorporated some of the changes recommended by the TCRPC in the attached memo such as (1) the relocation of all retail • uses to the western portion of the site; (2) the introduction of a parking structure that is fronted by retail and office uses; (3) the reduction of landscape berms and planting areas adjacent to retail storefronts in order to promote pedestrian activity in these areas; (4) the provision of a small urban "pocket park "; (5) the increase in building height of certain buildings on site (Building #9 had been increased from one story to two stories by way of an administrative approval subsequent to the preparation of the comment memorandum by the TCRPC); and (6) the reservation of land on the eastern portion of the site for future residential uses collocating with the Tri -Rail station. Staff does not have any objection to the proposed site plan changes. Architecture The elevations and floor plans of Buildings 2, 3, 4 and 12 have been modified to accommodate the changes in square footage and design. In staff's professional opinion, the architecture proposed for the new buildings is consistent with the level of architecture approved for the remaining buildings. Staff, including the Police Department, has worked very closely with the applicant in coming up with a design for the parking structure that provides the maximum safety to its users while maintaining a visually pleasing fagade on all sides. Staff is generally pleased with the proposed architecture. Landscaping •The applicant has maintained the approved landscape theme throughout the Project. The applicant has satisfactorily addressed the concerns of the City Forester relative to the proposed plan revisions 3 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 with the exception of minor items that have been made conditions of approval that are required to • be satisfied prior to scheduling the petition for City Council (please see proposed conditions of approval). Due to the urban nature of the proposed plan, the applicant is requesting a waiver to allow for a reduction in foundation landscaping adjacent to certain buildings. This waiver request is discussed further in the "Waivers" section of this report. Sign yge The applicant is not proposing any changes to the approved sign program, the terms and conditions of which will apply to the new structures. Please see attached approved "Signage Plan Notes." CPTED Compliance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The development order for the project has several conditions relating to CPTED that will apply to the amended plan. Due to the introduction of a parking structure, the Police Department has worked diligently with the Planning and Zoning staff and the applicant to design the garage in a manner that achieves the goals • of CPTED principles while maintaining functionality and aesthetic qualities. Examples of such design provisions include (1) an open design along the perimeter of all levels of the garage to allow light, air and visual access and natural surveillance into the structure; (2) glass fixtures within and adjacent to the doors leading into the stairwells in order to allow visual access into and natural surveillance of the stairwell; and (3) the introduction of a high resolution, closed circuit security system with recording and photo processing picture or video printout capabilities within the garage. is WAIVER REQUESTS The applicant is requesting approval of the following waivers, which are in addition to the waivers previously granted to the Project by the City Council pursuant to Resolution 216, 2004 (attached). The applicant's justification for the waivers is attached hereto for reference. SUMMARY OF REQUESTED WAIVERS Code Section Required Provided Recommendation Section 78 -344 (1)(1), entitled Minimum 10 wide 448 spaces with the parking structure at Approval (1) dimensions (of off - street parking) 9' wide Foundation planting Section 78- 320(b), entitled Foundation width shall not be less Less than required in Approval (2) landscaping and planting than 30% of height of certain areas building 7 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 • 1. Waiver from Section 78 -344 (1)(1), entitled Minimum dimensions (of off - street parking), to allow for 448 nine (9) foot -wide parking spaces within the parking structure. City Code requires parking stalls to be at least 10 feet in width. Sta f Analysis: The applicant has indicated that the POA documents for the development will require the tenants of Buildings 1, 2, 5, and 12 comprised of approximately 135,000 square feet of office space and 40,000 square feet of retail space to utilize the parking structure for employee parking. The required parking for the professional office uses in these buildings (102,500 sf of professional office) is approximately 340 spaces. It is staff's opinion that the employees of the remaining medical office and retail square footage (72,500 sf) in the aforesaid buildings would take up the remaining spaces in the parking structure. The City's LDRs state that the City Council may approve a reduction in parking stall width to nine (9) feet for office uses. The applicant has provided an increased drive isle width (26 feet) to accommodate for the reduced stall width. Other parking structures that have been approved with nine (9) foot wide parking space include the top two (2) floors of structure within the Legacy Place PCD (commercial) also to be utilized for employee parking for office uses; PGA National Resort; the Landmark residential buildings; and the recently approved Frenchman's Yacht Club. Downtown at the Gardens (retail) was approved with nine and one -half (9 %) foot wide spaces. • Based on (1) past precedent set by the City Council for parking of office uses within a parking structure; (2) the fact that the applicant has committed to requiring employees of the adjacent buildings to park in the parking structure, which staff has required to be included in the POA documents for the site as a condition of this approval; (3) the fact that the applicant has worked with the City and agreed to relocate the square footage and parking approved on the eastern portion of the site to the western portion to accommodate a future transit station; and (4) the TOD concept that may be applied to this site in the future encourages compact, efficient, developments with increased intensity and density, staff does not object to the waiver request to allow for a reduced parking stall width within the garage. Staff recommends APPROVAL of the waiver request. J 2. Waiver from Section 78- 320(b), entitled Foundation landscaping and plantings, to allow for a reduction in the foundation landscaping width adjacent to certain buildings. City Code requires foundation landscaping width to be not less than 30% of the height of the building. Staff Analysis: Staff agrees with the applicant's justification that the urban nature of this development together with the proposed height of certain buildings on site precludes this requirement from being satisfied. The provision of the required foundation landscaping would reduce the amount of developable land significantly. Staff has worked diligently with the applicant to increase the landscaping in other areas on the site plan in order to offset the requested waiver. Staff does not have any objection to the waiver requests and, therefore, recommends APPROVAL thereof. Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 • STAFF RECOMMENDATION Staff recommends APPROVAL of Petition PUDA- 05 -09 -01 and the two (2) requested waivers, subject to the conditions list below, which are in addition to the conditions of approval listed in Resolution 216, 2004 that will apply to the amended site plan if approved (Certain conditions in Resolution 216, 2004 that no longer apply to the amended site plan will be removed upon preparation of the amended resolution): Landscaping: 1. Prior to the issuance of the first building permit for the northwest pod, the applicant shall submit the FPL and SUA approved landscape plans for review and approval by the City. Major changes to the landscape plan may be determined by the Growth Management Administrator to be re- reviewed and approved by the City Council. (City Forester) 2. Prior to the scheduling of this petition for City Council review, the applicant shall revise the landscape plan to include the required number of trees per facade meeting the height required by code. (City Forester) 3. Prior to the scheduling of this petition for City Council review, the applicant shall revise the site plan and landscape plan of the parking structure to include nine (9) planters containing triple palm trees on the top level of the garage as required by code. Planters shall be permanently affixed to the structure and located in areas acceptable to the City Forester. (City Forester) 4. • Prior to the scheduling of this petition for City Council review, the applicant shall revise the points assigned to items in the plant list to the satisfaction of the City Forester. (City Forester) 5. Within one (1) month of the effective date of approval, the applicant shall submit landscape plans for the beautification of the western road shoulder for the portion of Alternate AIA adjacent to the subject site. (City Forester) 6. Within six (6) months of the effective date of approval, the landscaping and irrigation of the western road shoulder of the portion of Alternate AIA adjacent to the subject site shall be installed to the satisfaction of the City Forester. In the event that said installation is delayed due to permitting or other good cause, the Growth Management Administrator may grant an extension provided a good -faith effort to satisfy the condition has been documented by the Applicant. (City Forester) 7. Prior to the scheduling of this petition for City Council review, the applicant shall revise the landscape plan to include two (2) littoral planting zones within Lake #1 and increase the number of cypress trees surrounding the lake from 13 to 23. The littoral zones and cypress trees shall be located to the satisfaction of the City Forester. (City Forester) 8. Prior to the scheduling of this petition for City Council review, the applicant shall revise the site data table shown on the cover page to reflect the total amount of open space provided for the site at 32.3 %. (City Forester) 9. Within six (6) months of the effective date of approval, all prohibited and invasive non- native plants shall be removed from FEC right -of -way, subject to the approval of the FEC. In the event that said removal is delayed due to permitting or other good cause, the Growth Management Administrator may grant an extension provided a good -faith effort to satisfy • the condition has been documented by the Applicant. (City Forester) 7 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 • 10. The applicant shall be responsible for the maintenance of the western road shoulder of Alternate AlA and one -half of the center island median of the portion of Alternate AIA adjacent to the property. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. (City Forester) 11. All ground mounted utility equipment shall be screened from public view to the satisfaction of the City Forester. (City Forester) Planning and Zoning 12. Prior to the issuance of the first building permit for the northwest pod, the applicant shall provide an updated photometric plan to the satisfaction of the City Engineer for review. (Planning and Zoning) 13. Upon the development of the portion of land lying east of RCA Center Drive, the applicant shall provide parallel parking spaces along the east side of RCA Center Drive. (Planning and Zoning) 14. Any reallocation of uses and square footage on site will require the approval of a traffic impact analysis or traffic equivalency statement. (Planning and Zoning) 15. Existing Condition #46 of Resolution 216, 2004 to be amended as follows: Prior to the issuance of the first Certificate of Occupancy for the northwest pod, the master property owners association documents and restrictions, which shall include disclosure language regarding (D the potential transit station; U2 and the widening of the RCA Center Drive to four lanesi and 3 the requirement that employees of Buildings 1, 2, 5, and 12 are to park in • the Building 12 parking_ garage, shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (Planning and Zoning) 16. Within two (2) months of the issuance of the last Certificate of Occupancy for the northwest pod, the parcel of land lying east of RCA Center Drive shall be stabilized with grass seed or sod and shall be maintained at all times by the applicant to the City's maintenance standards. (Planning and Zoning) Public Works 17. The property owner 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 of Palm Beach Gardens. In the case of a city right - of -way, the property owner has at least five (5) 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 could result in a Stop Work Order of all work/construction activity within the public right -of -way and the subject development site. (Public Works) Pnlir.a 18. Prior to the issuance of the building permit for the parking structure, the photometric plan for the interior of the covered parking structure shall be approved by the City. The lighting • with the parking -garage shall comply with the lighting standards for parking garages established by the Illuminating Engineering Society of North America. (Police) 10 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: PUDA- 05 -09 -01 • 19. Window fixtures shall be utilized in and adjacent to the doors leading.into the stairwells of the parking structure to increase natural surveillance, as permitted by the Florida Building Code, to the satisfaction of the Police Chief and Growth Management, Administrator. (Police) • 11 PGA Professional and Design Center • Requested Waivers December 30, 2005 1. PARKING STALL WIDTH WITHIN PARKING STRUCTURE — The applicant is requesting a waiver to allow 9 foot -wide parking spaces in the parking structure. CODE REQUIREMENT: Section 78 -344 (1)(1), entitled Minimum dimensions (of off - street parking), states that a standard stall is 10 x 18.5 feet. JUSTIFICATION: The parking structure has been added to the plan in response the applicant's cooperative efforts with the City and Treasure Coast Regional Planning Council (TCRPC) to allow for the Tri -Rail station /Transit Oriented Development (TOD). The design principles of the TOD recommend increased density and discourage large parking fields. The addition of the parking structure accomplishes both. The applicant is requesting the parking stall reduction in order to provide the most efficient parking structure which allows for additional green space and amenity areas. As part of the POA documents for the development, the applicant will be requiring adjacent office tenants to use the parking structure, thus preserving the surface parking for the retail tenants. • Additional open space is required as part of the waiver request. The below chart illustrates that the site greatly exceeds the open space requirement. Parking Structure - Parking Stall Reduction Waiver Additional Open Space # of Stalls @ 9' wide 448 Reduction in Paved SF 12,432 SF Code requirementl.5 SF OS /1 SF of 18,648 SF Paved Area OS requirement in SF 196,216 SF Min. 15 % of 30.03 acres OS Provided in SF 466,092 SF Net excess 251,228 SF • • 2. FOUNDATION PLANTING AREA — The applicant is requesting a waiver to the foundation planting area requirement for various areas within the development. CODE REQUIREMENT: — Section 78- 320(b) requires the foundation planting area for a building of two or more stories be not less than 30% of the height of the building. JUSTIFICATION: PGA Professional and Design Center is an urban project that provides extensive landscaping and pedestrian amenities. The applicant is currently working with the TCPRC to incorporate the principles of TOD into the overall design. As part of the TOD design, the plan includes increased density, urban street frontages and increased pedestrian interaction. The required foundation plantings would not be conducive to that urban goal. The applicant has provided taller trees adjacent to the taller facades as required by code, and it should be noted that the waiver does not reduce the amount of landscaping or open space required by LDRs. As shown in the above chart, the site exceeds the minimum open space by 251,228 SF. Additionally, the applicant has worked with staff and will be providing additional littoral zone plantings to amplify the appearance of Lake #1, all though this is not required. C7 • • TO MICHAEL SANCHEZ, SENIOR PLANNER CITY OF PALM BEACH GARDENS KIM DELANEY, GROWTH MANAGEMENT COORDINATOR, FROM TCRPC DANA LITTLE, URBAN DESIGNER, TCPRC DATE APRIL 1, 2005 RE I REVIEW OF RCA CENTER CONCEPTUAL BUILD -OUT PLAN At the request of the City of Palm Beach Gardens and the Palm Beach County Metropolitan Planning Organization, the Treasure Coast Regional Planning Council ( TCRPC) has begun working with the City and Catalfumo Development, Inc. regarding future Tri -Rail station opportunities in the pending RCA Center development. Towards that end, TCRPC staff has met several times with Catalfumo Development Co. representatives regarding the site plan to discuss revisions to the site plan to accommodate the elements of transit - oriented development (TOD). Council staff initially provided a series of alternate design sketches illustrating how TOD principles could be • applied to the site design while maintaining the desired development program. Since that time, Catalfumo has been working with their planners to incorporate many elements of the TCRPC recommendations. As part of the review of the Conceptual Plan, it is important to generally define the concept of Transit Oriented Development, or TOD, as a pedestrian - friendly, mixed -use form development designed to complement a transit station or transit corridor. TOD's typically encompass a quarter- to half -mile ring around transit (10 to 15- minute walking distance), providing an appropriate venue for regional destinations, multi -modal transit hubs, and both attainable (workforce especially) as well as market -rate housing. TODs are characterized by easy mobility for pedestrians and bicyclists and are often complemented by collector transit systems, such as trolleys, buses, or para- transit. Parking within TODs is typically reduced and managed within the TOD district to further encourage transit ridership. In general, Catalfumo has done a commendable job thus far in beginning to reorient the uses and urban design of the RCA Center site to complement a future Tri -Rail station, but there is still more work to do for the site to truly function as a TOD. The introduction of multi - family housing (in the form of townhouses, flex space, and multi -story buildings) brings much needed residential to the TOD District. The inclusion of smaller retail spaces are another improvement to allow the "neighborhood retail" uses for transit users as well as residents and employees of the district. However, more work is necessary to • continue to improve the urban form of the plan, such that pedestrians will actually utilize the sidewalks, and the internal roadways will function as roads rather than parking lot • driveways. TCRCP staff offers the following detail points regarding the latest Conceptual Build -out Plan (dated March 31, 2005). 1. The original site plan proposed retail/commercial uses on the eastern side of the intersection of RCA Center Drive and the 'new east -west connector road. The development of these uses at this location would diminish the impact and effectiveness of a Tri -Rail station in this district. Instead of concentrating retail uses at the station, a TOD design improvement would be to shift the majority of the larger retail uses away from the station itself, replacing them with residential. Catalfumo concurs with this suggestion, and in the Conceptual Plan, the applicant relocates these larger retail uses those uses to Building No. 10 (southern edge of property west of RCA center Drive). This shift in use has enabled the applicant to reconfigure the plan and accommodate a train station, residential uses, an internal bus loop and drop -off, and parking for all of these uses in structured and surface lots. The new train station is proposed to terminate the axis of the new east -west connector road and is framed by the new residential buildings, all of which gives the station a greater sense of hierarchy and civic importance. TCRPC staff fully supports the relocation of retail /commercial uses to Building No. 10 and applauds the applicant's attention to urban design issues in the planning of the station. 2. The applicant has nicely redesigned the northern portion of the site to accommodate a new parking structure fronted by multi -story flex space (that • could include retail, office, and residential uses) across from sixteen new townhouses, forming a complete urban corner. Both these uses and their arrangement of uses are a very positive addition to the site plan. 3. The current plan illustrates seven new and existing streets: (1) RCA Center Drive; (2) RCA Drive; (3) the new east -west connector road; (4) the new north - south street connecting Building No. 10 and garage G -1; (5) a new street connecting garage G -1 and RCA Center Drive; (6) a new street connecting Building No. 10 and RCA Center Drive; and (7) the new bus loop and drop -off at the train station. Each of these must be detailed as urban streets with the following components: a. Continuous and connected system of sidewalks, with a minimum width of eight feet, lined with shade trees and planted in tree grates (at 20' -40' o.c.). b. Buildings must be placed at the edge of the sidewalk with pedestrian entries and fenestration along the street edge. c. Sidewalks should not be separated from buildings by landscape berms and vast planting areas. d. Travel lanes should be 11' -0 ". e. All streets should have parallel on- street parking (especially RCA Center Drive and the new east -west connector road). • 4 • 4. The provision of the small urban park centrally located on the north side of the new east -west connector road is an excellent addition to the plan. There should be a regular planting of shade trees along the entire perimeter of the park at 20'- 40' o.c. 5. An additional public plaza should be provided between Building No. 1 and Building No. 5 with access to both buildings from the plaza. 6. The site plan indicates two new proposed residential buildings, TR -1 and TR -2, which will add much - needed residential uses near the station. These two buildings include ground -floor retail uses, another important component at the station. For these buildings to function properly as a component of the TOD, both must have entries and fenestration towards RCA Center Drive and the proposed plaza in front of the proposed train station. 7. All buildings must have entrances and fenestration along the street edge. 8. The latest plan illustrates a few parallel on- street parking spaces along RCA Center Drive. More spaces should be added along this important road as well as the east -west connector road and the streets in front of the townhouses and flex units. 9. The new east -west connector street should have a higher percentage of building • frontages on the south side. The entire southern edge is exposed to surface parking lots, which ruins the pedestrian experience and greatly diminishes the impact of the urban park proposed on the north side of the street. Buildings No. 11, and No. 9 should be extended along the street frontage to help define the new east -west connector road and conceal the parking from the pedestrian. Additionally, a new structure(s) should be included to define the new north -south street connecting the townhouses with Building No. 10. All of the good urban design elements and spatial definition created by the flex units, the townhouse street, and then the urban park are lost once one gets to the new east -west connector road and confronts the surface parking lots. 10. All new buildings should be a minimum of two- stories in height. As many residential units as possible should be provided in the district and could easily occupy the second and third stories of proposed buildings. Residential uses are a critical component to TOD and the creation of a safe and healthy urban environment. 11. The proposed pedestrian plaza and crosswalk, which crosses. the new bus loop, should be extended to the north and the south to connect directly to the sidewalks illustrated in front of buildings TR -1 and TR -2. • 12. The proposed bus loop and drop -off should have continuous shade trees, planted on both sides of the loop road at 20' -40' o.c., and should extend from the proposed garage G -3 north to RCA Center Drive. 13. The sidewalks in front of Buildings No. 9, No. 4, and G -1 should be straightened and simplified. There should not be duplicate sidewalks in front of the buildings. Rather than separating the buildings from the sidewalk with planting strips, the sidewalk widths should be increased to meet the buildings and rows of shade trees in tree grates should be provided. In summary, TCRPC staff has been very encouraged by the progress made with the RCA Center site plan and appreciates the opportunity to work with the applicant. Incorporating these recommendations will further enhance the quality and livability of this important project. Developing a high quality, urban mixed -use district at this location, with its connection to regional transit, will serve as a model for TOD in Palm Beach Gardens and the entire Tri-Rail Corridor. TCPRC would offer to continue working with the City and developer to address the comments noted above. Given the site plan's improvements thus far, it would be anticipated that a revised Conceptual Plan that more fully incorporates the design necessary for a functional TOD could be completed within two months (June 1, 2005). • • Date Prepared: November 9, 2004 • 1 , 2 RESOLUTION 216, 2004 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING THE MASTER 7 DEVELOPMENT PLAN FOR THE APPROXIMATELY 30 -ACRE 8 PROPERTY, KNOWN AS THE "RCA CENTER PUD" (A.K.A. 9 "PARCEL 513"), LOCATED AT THE SOUTHWEST CORNER OF 10 ALTERNATE Al A AND PGA BOULEVARD, AS MORE 11 PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE 12 DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE, 13 100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE 14 FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS; 15 PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING 16 AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council, as the governing body of the City of Palm Beach 20 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 21 Statutes, and the City's Land Development Regulations, is authorized and empowered 22 to consider petitions related to zoning and land development orders; and •23 24 WHEREAS, the City has received an application (PUD- 04 -04) from Mr. William 25 D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master 26 development approval to allow the development of 150,000 square feet of retail use, 27 100,000 square feet of office use, and 50,000 square feet of industrial use on an 28 approximately 30 -acre parcel of land, known as the "RCA Center PUD" (a.k.a. "Parcel 29 56 "), generally located on the southwest corner of Alternate A1A and PGA Boulevard, 30 as more particularly described herein; and 31 32 WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit 33 Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and 34 35 WHEREAS, the Growth Management Department has reviewed said application, 36 has determined that it is sufficient and is consistent with the City's Comprehensive Plan 37 and Land Development Regulations, and has recommended its approval; and 38 39 WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its 40 November 23, 2004, meeting and recommended its approval; and 41 42 WHEREAS, the City Council has considered the evidence and testimony 43 presented by the Petitioner and other interested parties and the recommendations of 44 the various City of Palm Beach Gardens review agencies and staff; and 45 46 • Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 WHEREAS, the City Council has determined that adoption of this Resolution is in 2 the best interest of the citizens and residents of the City of Palm Beach Gardens. 3 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. The Master Development Plan application of Mr. William D. Waters 11 of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the 12 following real described property, to permit the development of 150,000 square feet of 13 retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on 14 an approximately 30 -acre parcel of land, known as "Parcel 5B," generally located on the 15 southwest corner of Alternate A1A and PGA Boulevard, subject to the conditions of 16 approval contained herein, which are in addition to the general requirements otherwise 17 provided by ordinance: 18 19 LEGAL DESCRIPTION: 20 21 ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK 22 96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 23 24: CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS. 25 26 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 27 approves the following eight (8) waivers: 28 29 1. Section 78 -563, Lake. maintenance tracts, to allow encumbrances with 30 certain Lake Maintenance Easements (LME) in specific areas identified on 31 the approved development plan. 32 33 2. Section 78 -285, Permitted signs, to allow for certain retail tenants in 34 buildings containing multiple street frontages to have two (2) signs per 35 tenant, and buildings containing multiple street frontages to have two (2) 36 principal tenant/building ID signs, subject to the conditions relating to the 37 same contained herein. 38 39 3. Section 78 -285, Permitted signs, to allow for principal tenant/building ID 40 signs to be located above the first story. 41 42 4. Section 78 -508, Intersections, to allow for street intersections with a 43 centerline separation of less than 150 feet. 44 45 719' 2 3 i r Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 5. Section 78- 306(d), Easement encroachment, to allow for 12 feet of a 2 required 20 -foot landscape buffer along the easternmost property line to be 3 encumbered by a utility easement. 4 5 6. Section 78- 374(h), Location, to allow for 13 covered parking spaces to be 6 located within 100 feet of PGA Boulevard. 7 8 7. Section 78- 287(e), General standards, to allow for tenants having federally 9 registered trademark signs to use their registered color scheme on signs 10 facing the parking areas. 11 12 8. Section 78- 344(1)(1), Minimum dimensions, to allow 9.5- foot -wide parking 13 spaces at certain locations at reflected on the approved site plan. 14 15 SECTION 4. Said approval is subject to the following conditions, which shall be 16 the responsibility of the applicant, its successors, or assigns: 17 18 Engineerinq 19 20 1. Prior to construction plan approval and the issuance of the first land 21 alteration permit, the applicant shall provide written authorization from utility 22 owners allowing landscaping within their existing and/or proposed utility 23 easements. (City Engineer) 24 25 2. Prior to the issuance of the first land alteration permit, the applicant shall 26 provide a Roadway Signage and Marking Plan for review and approval. 27 (City Engineer) 28 29 3. Prior to the issuance of the first land alteration permit, the applicant shall 30 provide a Photometric Plan, signed, and sealed by a professional engineer 31 licensed in the State of Florida, meeting the requirements of LDR Section 32 78 -182. Said plan shall provide pedestrian scale lighting along all walkways 33 and thoroughfares, including PGA Boulevard. (City Engineer) 34 35 4. Prior to the issuance of the first land alteration permit, the applicant shall 36 provide a construction plan for review and approval. All plans and support 37 documentation, submitted by the applicant for review by the City Engineer, 38 shall be signed and sealed by a professional engineer licensed in the State 39 of Florida in accordance with Section 78 -448 of the LDR. (City Engineer) 40 41 5. Prior to construction plan approval and the issuance of the first land 42 alteration permit, the applicant shall provide a paving, grading, and drainage 43 plan along with surface water management calculations and hydraulic pipe 44 calculations for City review and approval... The paving, grading, and 45 drainage plan and calculations shall be signed and sealed by a professional 46 • engineer licensed in the State of Florida. (City Engineer) 3 • 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 • 46 Date Prepared: November 9, 2004 Resolution 216, 2004 6. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) 7. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 8. The applicant shall provide the City copies of all permit applications and approvals. (City Engineer) 9. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. (City Engineer) 10. The construction, operation, and /or maintenance of any elements of the subject project shall have no negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined 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 in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 11. The applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division concurrency approval letter issued for this property. (City Engineer) 12. Prior to the issuance of the first land alteration permit, the applicant shall schedule a pre - permit meeting with City staff. (City Engineer) Date Prepared: November 9, 2004 •23 Resolution 216, 2004 • required outside agencies in order to obtain the issuance of all 1 13. Kyoto Gardens Drive 2 on or before March 31, 2005. 3 a. The applicant shall deliver to the City surety in a form acceptable to the 4 City Attorney, which surety shall ensure the construction of the Kyoto 5 Gardens Drive Extension. The Kyoto Gardens Drive Extension shall 6 consist of a four (4) lane divided roadway with landscaped medians, 7 approximately 2,300 feet in length, connecting Military Trail to Alternate 8 A1A, including an at -grade crossing of the FEC trackbed. The applicant 9 shall be responsible for the costs of design and construction of this 10 roadway as a two (2) lane roadway, and the City shall be responsible for 11 reimbursing the applicant for the costs of design and construction of the 12 additional two (2) lanes, as set forth in the engineering estimate attached 13 as Exhibit "A" to the Memorandum of Agreement. Said construction shall 14 commence no later than March 31, 2005, and completion of said 15 improvements as set forth in the Memorandum of Agreement. As 16 additional assurance, the applicant shall submit, no later than December 17 30, 2004, a Memorandum of Agreement in a format acceptable to the 18 City Attorney on behalf of the City, and the following entities: RCA 19 Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD 20 to further define the obligations relating to the roadway design and 21 construction. 22 •23 b. The applicant shall continuously and diligently work with the City and the 24 required outside agencies in order to obtain the issuance of all 25 necessary permits in order to begin construction of Kyoto Gardens Drive 26 on or before March 31, 2005. 27 28 c. The applicant shall, upon the request of the City, deliver assurances, in a 29 form acceptable to the City Attorney, from the owners of Parcel 5A that 30 the City will be permitted to expand the existing lake north of the Kyoto 31 Gardens Drive right-of-way for the purposes of providing drainage for the 32 Kyoto Gardens Drive roadway and to provide the fill for construction of 33 the roadway at no cost and without restriction. 34 35 d. The applicant shall, upon the request of the City, deliver assurances, in a 36 form acceptable to the City Attorney, from the owners of Parcel 5A that 37 they will sign and support all permit applications as required to design 38 and build Kyoto Gardens Drive. 39 40 e. All contracts for design and construction of the Kyoto Gardens Drive 41 extension shall be submitted to the City for review and approval by the 42 City Engineer and City Attorney. Said construction contracts shall 43 contain a provision that makes such contracts fully assignable to the 44 City. 45 0 46 0 46 I Date Prepared: November 9, 2004 2 Resolution 216, 2004 • 1 14. 5B Road 2 3 a. The applicant shall, prior to December 30, 2004, deliver a deed in a 4 format acceptable to the City Attorney conveying an 80 -foot right -of -way 5 for that portion of RCA Center Drive that is shown on the Linkage Plan 6 between the present northern terminus of said road and the north 7 boundary of Parcel 5B. This parcel and all other portions of the 8 North /South Road owned by FDOT and NPBCID are hereinafter referred 9 to as the "513 Road." 10 11 b. The applicant shall, prior to the issuance of the first Certificate of 12 Occupancy for Parcel 513, design, build, and construct the "513 Road" as 13 a two (2) lane divided roadway with landscaped median within a fifty (50) 14 foot right -of -way. The east 15 feet and the west 15 feet of the 80 -foot 15 right -of -way may be utilized for landscape buffer . calculations and 16 setback requirements. 17 18 15. 5A Road 19 20 a. The applicant shall, prior to December 30, 2004, deliver a deed in a 21 format acceptable to the City Attorney conveying an 80 -foot right -of -way 22 for that portion of RCA Center Drive that is shown on the Linkage Plan 23 connecting the 5B Road to Kyoto Gardens Drive, hereinafter referred to • 24 the "M Road." 25 26 b. The applicant shall, prior to the issuance of the first Certificate of 27 Occupancy for Parcel 5B, design, build, and construct the "5A Road" as 28 a two (2) lane divided roadway with landscaped median within 'a 50 -foot 29 right -of -way. The east 15 feet and the west 15 feet of the 80 -foot right of 30 way may be utilized for landscape buffer calculations and setback 31 requirements. 32 33 c. The applicant shall deliver to the City surety, in a form acceptable to the 34 City Attorney, to ensure the construction of the 5A Road at the time the 35 surety described in Condition 6 is submitted to the City. 36 37 38 39 40 41 42 43 44 45 0 46 I Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 Landscaping 2 3 16. Within six (6) months of the issuance of the first clearing permit, the 4 landscaping shall be installed within: (1) the medians and adjacent road 5 shoulders within the portions of PGA Boulevard and RCA Boulevard 6 adjacent to the property, unless landscaping is installed in said areas by the 7 FDOT as part of the PGA Flyover project; and (2) the landscape buffers 8 along PGA Boulevard, RCA Boulevard, and Alternate A1A. The Growth 9 Management Administrator shall be authorized to grant up to two (2), three 10 (3) month extensions to this requirement upon demonstration by the 11 applicant of a good -faith effort to satisfy the same in a timely manner. (City 12 Forester) 13 14 17. Prior to the issuance of the first Certificate of Occupancy, the landscaping 15 shall be installed within the medians and road shoulders within both the 16 north /south and the east/west thoroughfares within the property. (City 17 Forester) 18 19 20 18. The applicant, its successors, or assigns shall be responsible for the 21 maintenance of the landscaping within: (1) the medians and adjacent road 22 shoulders within the portions of PGA Boulevard and RCA Boulevard • 23 adjacent to the property; and (2) the medians and road shoulders within 24 both the north /south and the east/west thoroughfares within the property. 25 (City Forester) 26 27 19. In the event the City of Palm Beach Gardens, or another entity, forms a 28 special district pertaining to the landscape maintenance of contiguous 29 rights -of -way, then the RCA Center Property -Owners Association, its 30 successors, or assigns shall automatically become a member of such 31 special district. This condition may be amended at any time by separate 32 agreement between the applicant and the City of Palm Beach Gardens. 33 (City Forester) 34 35 20. The installation of the covered parking structures, if approved by the City 36 Council, shall not conflict with landscaping, including long -term tree growth. 37 (City Forester) 38 39 Police 40 41 21. Lighting shall not conflict with landscaping, including long -term tree growth. 42 (Police) 43 44 ' 45 • 46 7 N. Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 22. All lighting for streets, parking lots, parking garages, and pedestrian 2 walkways shall be metal halide. Metal halide lighting shall be used for the 3 multi -use pathways and sidewalks within the site and shall be lit at a 4 minimum of 0.6 -foot candles. (Police) 5 6 23. Non -glare building lighting shall be installed around the entire building 7 perimeter and on pedestrian walkways. (Police) 8 9 24. Entry signage shall be lighted. (Police) 10 11 25. Timer clock or photocell lighting shall be provided for nighttime use above or 12 near entryways and all exits, including emergency exits. (Police) 13 14 26. Numerical addresses shall: (1) be illuminated for nighttime visibility and be 15 unobstructed; (2) have bi- directional visibility from the roadway; and (3) be 16 placed at the front and rear of each business. (Police) 17 18 27. All structures shall use the following target hardening techniques: 19 20 a. Buildings shall be pre -wired for an alarm system. 21 22 b. Doors shall be equipped with metal plates over the threshold of the •23 locking mechanism. 24 25 c. Glass perimeter doors shall be equipped with case hardened guard 26 rings to protect the mortise lock cylinder. 27 28 d. Rear doors shall have 180 - degree peephole viewers. 29 30 e. All perimeter doors shall be equipped with hinges that utilize non - 31 removable hinge pins. (Police) 32 33 28. Prior to the issuance of the first building permit for vertical construction, the 34 applicant shall work with the Police Department to develop a high - resolution 35 color digital closed- circuit security surveillance system with monitoring and 36 photo printout capabilities. The Police Chief shall have final approval on the 37 required number of cameras and locations thereof within the site. (Police) 38 39 Planninq and Zoning 40 41 29. Within 90 days of (the effective date of this Resolution), the applicant 42 shall submit revised development plans to include the items listed below. 43 Said development plans shall be approved administratively by staff as long 44 as: (1) all items listed below are included on the development plans to the 45 satisfaction of the Growth Management Administrator; and (2) any exterior 46 • building modification(s) is architecturally consistent with the approved N. 0 Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 buildings. Should any of the aforesaid not be adequately satisfied, the 2 revised development plans shall be reviewed and approved by the City 3 Council by way of an amendment to the PUD's master plan of development. 4 No building or land clearing permits shall be issued until revised plans have 5 been approved. 6 7 a. The applicant shall revise the building elevations to include three (3) 8 color palette combinations for the buildings on site. 9 10 b. The applicant shall revise the easternmost landscape buffer adjacent to 11 the parking area so that a maximum of. 12 feet of the buffer is 12 encumbered by utility easements. 13 14 c. The applicant shall revise the building elevations to clearly reflect all 15 exterior building colors and materials. 16 17 d. The applicant shall submit an amenities, package that includes 18 illustrations and details of project -wide shared elements, including 19 common hardscape themes, street furniture, lighting fixtures, special 20 intersections, plazas, fountains, decorative trellises, and thoroughfare 21 enhancements. A "Key Plan" depicting the location of the amenities on 22 site shall also be included. •23 24 e. The applicant shall submit a lighting plan, signed and sealed by a 25 professional engineer registered in the State of Florida, that includes 26 pedestrian scale lighting along all pedestrian walkways and 27 thoroughfares, including PGA Boulevard. 28 29 f. The applicant shall provide additional landscaping within the vacant area 30 north of Building #2 to the satisfaction of the City Forester. 31 32 g. The applicant shall provide additional pedestrian linkages between the 33 buildings along RCA Boulevard and the sidewalk along said roadway. 34 At a minimum, sidewalks shall be included at every building entrance 35 along RCA Boulevard, as reflected on the building elevations. 36 37 h. The applicant shall provide at least 20 additional pedestrian benches 38 throughout the site and label them on the plan accordingly. 39 40 i. The applicant shall include a bus shelter easement on the site plan in a 41 location consistent with the Palm Tran letter dated May 18, 2004, 42 relating to the same, which is on file with the Growth Management 43 Department. 44 45 • 46 0 10 Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 j. The applicant shall submit a revised signage program that adequately 2 reflects the signage requirements approved by the City Council for the 3 subject property through the adoption of this Resolution. 4 5 30. All rooftop mechanical equipment shall be screened from view. (Planning & 6 Zoning) 7 8 31. Within sixty (60) days of a written determination from Palm Tran that a bus 9 shelter will be utilized on the subject site, the applicant, its successors; or 10 assigns shall submit an application for an administrative approval to allow 11 for review and approval of the site plan, landscape plan, and building 12 elevations for the bus shelter. The bus shelter design shall be consistent 13 with the City Council's previous approval of such shelters. The applicant, its 14 successors, or assigns shall be responsible for the construction of a bus 15 shelter in a timely manner to accommodate Palm Tran's needs for the 16 same. (Planning & Zoning) 17 18 32. Each building shall be allowed two (2) building identification or principal 19 tenant signs, so long as (1) said signs are not located on the same building 20 elevation; and (2) the second of the two signs has a copy area of no more 21 than 75% of the first sign. (Planning & Zoning) 22 33. Retail ground floor users shall be allowed a maximum of two (2) signs per •23 24 tenant, only if (1) any two signs for the same tenant are not located on the 25 same building elevation; and (2) said signage is affixed directly to the 26 elevation of the tenant bay it identifies. (Planning & Zoning) 27 28 34. Tenants having federally registered trademark signs and logos shall be 29 allowed to use their registered color scheme on signs facing the parking 30 areas. Signs and logos facing the adjacent and internal rights -of -way shall 31 be consistent with the color approved in the master sign program. 32 (Planning & Zoning) 33 34 35. Prior to the issuance of the first certificate of occupancy, the property shall 35 be replatted. Said replat shall dedicate the thoroughfares within the 36 property to the City. (Planning & Zoning) 37 38 36. Wall signs shall not exceed 70% of the immediate vertical and horizontal 39 surface area to which they are 'attached. (Planning & Zoning) 40 41 37. Medical or Dental Office use is not allowed unless the applicant submits a 42 traffic equivalency analysis for review and approval by.the City Engineer. 43 The applicant shall also be required to demonstrate compliance with parking 44 requirements of the City Code. (Planning & Zoning) 45 • 46 ' 10 •1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0- 23 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 U Date Prepared: November 9, 2004 Resolution 216, 2004 38. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the applicant or its agent shall submit a breakdown by use (retail, office, and industrial) of the gross square footage for lease for approval by the Planning and Zoning Division to ensure compliance with the City's Nonresidential Mixed Use Planned Unit Development intensity measures. (Planning & Zoning) 39. Outdoor storage within the site is prohibited. (Planning & Zoning) 40. Uses on site shall be limited to those uses allowed within the PGA Boulevard Corridor Overlay, as may be amended from time to time. (Planning & Zoning) 41. No striped awnings shall be permitted on site. (Planning & Zoning) 42. Prior to issuance of the first building permit, the applicant shall comply with Section 78 -262 of the City Code relative to Art in Public Places. The applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, with the exception of the art located east of the North /South Road, which shall be installed prior to the issuance of the first Certificate of Occupancy for any buildings located east of the North /South Road. (Planning & Zoning) 43 Within 90 days of the effective date of this Resolution, the applicant shall work in conjunction with the Treasure Coast Regional Planning Council (TCRPC), the South Florida Regional Transportation Authority ( SFTTA), and the City to make any and all necessary modifications to the development plans for the portion of land lying east of the North /South Road to accommodate the potential of a Tri -Rail transit station. Said modifications shall be approved administratively by staff so long as any exterior elevation changes are architecturally consistent with the approved buildings. Should the final results of the Jupiter Corridor Alternatives Analysis determine that a Tri -Rail station will be constructed on the subject property, the applicant, its successors, or assigns shall work cooperatively with the SFTRA and the City to facilitate the construction of said station and all ancillary uses /structures in a timely manner. Said modifications shall be approved by the City prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) 44. The applicant shall, within 30 days of the effective date of this Resolution, submit an easement, in a form acceptable to the City Attorney, with the property owner for the Gardens Station property to the south. The easement agreement shall provide for the right of use, construction, and 11 Date Prepared: November 9, 2004 Resolution 216, 2004 • 1 maintenance of the shared vehicular access from RCA Boulevard, as well 2 as of the vehicular connections between the two (2) parcels, and shall 3 include provisions for cost recovery. The costs for constructing and 4 maintaining the access from RCA shall be equally shared by -Gardens 5 Station and the subject property. Said easement shall be recorded in the 6 Public Records of Palm Beach County within 90 days of the effective date of 7 this Resolution. (Planning & Zoning, City Attorney) 8 9 Miscellaneous 10 11 45. Required digital files of the approved replat shall be submitted to the 12 Planning and Zoning Division prior to the issuance of the first certificate of 13 occupancy, and approved civil design and architectural drawings shall be 14 submitted prior to the issuance of the first Certificate of Occupancy. (GIS 15 Manager, Development Compliance Officer) 16 17 46. Prior to the issuance of the first Certificate of Occupancy, the master 18 property owners association documents and restrictions, which shall include. 19 disclosure language regarding the potential transit station and the widening 20 of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant 21 to the City Attorney for review and approval prior to such documents being 22 recorded in the Public Records of Palm Beach County. (City Attorney) •23 24 SECTION 5. Said Planned Unit Development shall be constructed in compliance 25 with the following plans on file with the City's Growth Management Department: 26 27 1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by 28 Cotleur Hearing, last revised on December 9, 2004, and received and 29 stamped by the City on December 10, 2004. 30 31 2. RCA Center Architectural Package, prepared by REG Architects, Inc., last 32 revised on July 1, 2004, and received and stamped by the City on 33 November 9, 2004. 34 35 3. RCA Center Signage Package, prepared by REG Architects, Inc., last 36 revised on November 9, 2004, and received and stamped by the City on 37 November 10, 2004. 38 39 SECTION 6. Said approval shall be consistent with all representations made -by 40 the applicant or applicant's agents at any workshop or public hearing. 41 42 SECTION 7. This Resolution shall become effective immediately upon receipt by 43 the City of all of the following items: the surety described in Condition 13(a) and the 44 deeds described in Conditions 14(a) and 15(a). 45 46 • 12 Date Prepared: November 9, 2004 Resolution 216, 2004 101 PASSED AND ADOPTED this 16 r4' day of 44cd,.% 6eX , 2004. 2 3 4 CITY OF PALM E 5 6 7 BY: 8 9 10 ATTEST: 11 12 13 BY: 14 Patricia Srilld6r, City Olerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: /.C1 22 Christine P. Tatum, City Attorney •23 24 25 26 H GARDENS, FLORIDA n ablin,)Mayor 27 VOTE: AYE NAY ABSENT 28 29 MAYOR JABLIN 30 31 VICE MAYOR RUSSO 32 33 COUNCILMEMBER DELGADO 34 35 COUNCILMEMBER LEVY r 36 37 COUNCILMEMBER VALECHE i 38 39 40 41 42 43 44 45 • 47 \ \Pbgstile\Attorney \attorney share \RESOLUTIONS \Reso 216 2004 final clean.doc 13 • MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is executed this 30 day of December, 2004 by and between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY, LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited partnership (sometimes collectively referred to herein as "Catalfumo Entities ") and the CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida ( "City "). Background 1. The Catalfumo Entities and the City entered into a certain Agreement for Assured Construction of Linkage Roads dated October 3, 2002 (the "Assured Construction Agreement "). The City previously sued the Catalfumo Entities for specific performance of the Assured Construction Agreement, which lawsuit will be stayed pending completion of the Kyoto Drive Improvements described below. 2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval pursuant to Resolution 216, 2004 (the "PUD Approval ") for a certain planned unit development also known as Parcel 5B. • 3. Pursuant to the City's Land Development Regulations and the PUD Approval, the Catalfumo Entities are required to construct a 2 -lane road from Alternate A1A to Military Trail known as Kyoto Gardens Drive Extension ( "Kyoto Drive Improvements "). The City has requested that Kyoto Drive Improvements be constructed as a 4 -lane road to provide for future road capacity and the City has agreed to fund the difference in cost between a 2 -lane road and a 4 -lane road concurrently with the construction of the Kyoto Drive Improvements as set forth on Exhibit "A" attached hereto 4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto Drive Improvements commence on or before March 31, 2005 The understanding of the parties is as follows: 1. Catalfumo Entities will contract separately for the construction of the bridge portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive Improvements located within the City's Road Right -of -Way in order to expedite the commencement of construction, it being understood that the bridge portion of the construction will be able to commence most expeditiously in this fashion. Catalfumo Entities shall commence construction of the bridge portion of the Kyoto Drive Improvements on or before March 31, 2005 and shall use its best efforts to complete the Kyoto Drive Improvements prior to December 31, 2005 and in any event as soon as practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto • Drive Improvements and the other linkage roads through Parcels 5A and 5B, City shall • use its best efforts to review and permitt road plans submitted by Catalfumo Entities in connection with said road work and as soon as practicable issue work permits as necessary to allow Catalfumo Entities to meet the required time schedules. 2. Catalfumo Entities shall be responsible for the cost of constructing a 2 -lane divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval) road only with the City obligated to pay the increased costs caused by the City's requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed. City shall also be obligated to pay for the cost of the FEC railroad crossing and related improvements. The City agrees to reimburse the Catalfumo Entities its share of the monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit "A" (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City's payments to the FEC. 3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the estimated amount required to construct its 2 -lane share of the Kyoto Drive Improvements in a format acceptable to the City Attorney and as required` in PUD Approval. Catalfumo Entities hereby agrees that should the City call the bond and assume the responsibility for construction of the roadway; the City may use a two square acre area of land immediately north of the north Kyoto Gardens Drive Right-of- Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this agreement maybe used to demonstrate to permitting agencies that water quality requirements maybe met within that two acre area and that the City has the legal rights • I to excavate and use that acreage for drainage purposes. 4. Catalfumo Entities and its contractors shall comply with all aspects of the construction requirements as set forth in the Stipulated Final Order and other related documents for Kyoto Gardens Drive on both the east and west sides of the FEC trackbed. All correspondence with FEC will be copied to the City Attorney and all phone calls to FEC will be logged and a call log will be forwarded to the City with each request for reimbursement of construction costs. 5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits which shall be pooled and credited in accordance with the Assured Construction Agreement for both the bridge and road improvements provided the projects are completed within the times established in this agreement. 6. City shall be entitled to a right of approval of the contractors selected for construction of the Kyoto Drive Improvements. If possible, the contractors selected shall be ones that have current, ongoing, public construction projects that the City can "piggy- back" onto in order to satisfy the waiver requirements for the public bidding of the City's portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it is not practicable to obtain separate contractors to bid on the expansion of the Kyoto Drive Improvements from 2 -lane road improvements required to be constructed by the Catalfumo Entities to the 4 lanes requested by the City. • • • ■ IN WITNESS WHEREOF, the parties executed this Memorandum of Understanding as of the date set forth above. Witness l Witness 00 Wi PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., Its general partner Bye Daniel S. CatpKmo, President RCA CENTER 11 OF FLORIDA LLC By: PGA Gateway Ltd., sole member By: Diver agem nc., G. P. Da nie Catalfumo, President PGA GATEWAY, LTD, 'By: Diver M ement Inc., G.P. i Daniel talfumo, President MALL PROPERTIES, LTD. By: Catalfumo Management and Inves�trn6i , Inc., Daniel S atalfumo, President CITY OF PALM BEACH GARDENS Countersigned by: Ron A& M • % rY'iS Address: .I050a t�n:.lA '1'rad c,km Gard ens Fl. 33410 UMACARTHU /Parcel 5B /MemorandumofUndWstandingFinall By: • 12/28/2004 Estimate - Kyoto Gardens Drive Construction Costs Summary ITEM COST 2 -Lane Road Construction Cost $ 1,094,875 2 -Lane Bridge Construction Cost $ 2,490,000 Landscaping & Irrigation $ 360,475 Total 2 -Lane Option Cost: $ 3,945,350 4 -Lane Road Construction Cost $ 1,237,826 4 -Lane Bridge Construction Cost $ 3,240,000 Landscaping & Irrigation $ 360,475 Total 4 -Lane Option Cost: $ 4,838,301 Upgrade of Road to Four Lanes Construction Cost $ 142,951 . Upgrade of Bridge to Four Lanes Construction Cost $ 750,000 Sub -Total Construction Cost of Upgrade to 4 Lanes: $ 892,951 • Upgrade to 4 Lanes Engineering/Survey /Geotech Costs $ 21,982 1/2 of item costs Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost Sub -Total Design, Clearing & Signal Upgrade Cost $ 263,407 Sub -Total Design & Construction Upgrade Cost: $ 1,156,358 15% Contigency: $ 173,454 15% Administration: $ 173,454 Bond Cost (29/6): $ 30,065 Total Cost of Upgrade to 4:Lanes: $ 1,533,331 Notes: 1. The above figures do not include the cost of design and construction of the FEC railroad crossing and related improvements which are to be paid 100% by the City of Palm Beach Gardens. • 3. Estimated costs are based on 2004 materials and labor costs. EXHIBIT "A" Bond No. 964004234 PAYMENT AND PERFORMANCE BOND FOR INFRASTRUCTURE COMPLETION Know all men by these presents: That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY LTD., a Florida limited partnership, and MALL .PROPERTIES, LTD., a Florida limited partnership (hereinafter called "PRINCIPAL "), and Liberty Mutual Insurance Company, authorized to do business in the State.of Florida, (hereinafter referred to as "SURETY ") are held and firmly bound unto the City of Palm Beach Gardens (hereinafter called the • "CITY "), a political subdivision of the State of Florida, in the full and just sum of Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100 - -- Dollars ($ 4,734,420.00 ) lawful money of the United States of America, to be paid to the CITY to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bound PRINCIPAL has executed an agreement for Assured Construction of Linkage Roads with the City dated October 3, 2002 ( "Assured Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtained from the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the • • "PUD Approval ") for a certain planned unit development known as Parcel 513 and has agreed as a condition of the Assured Construction Agreement at the PUD Approval to complete the Required Improvements (as hereinafter defined). WHEREAS, the Required Improvements consist of constructing a two -lane portion of a four -lane road known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering Item 14a.). WHEREAS, this Payment and Performance Bond for Infrastructure Completion Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100- - (hereinafter called the "Bond ") is in the full and just sum of Dollars ($ 4,734,420.00 ) lawful money of the United States of America, said sum being the estimated cost to complete the responsibility of PRINCIPAL for its share of • the construction of the Required Improvements. NOW, THEREFORE, the SURETY agrees as follow5- 1. The foregoing recitals are incorporated herein by reference. 2. The condition of this obligation of SURETY is such that if the PRINCIPAL shall, in all respects, fully comply with, carry out, construct, erect and build its share of the Required Improvements in substantial conformity with the plans, specifications and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work (it being understood that • • the SURETY shall remain bound under this Bond although not informed of any such additions, amendments or alternations), and shall commence and complete all of said work in accordance with the Contract for construction of the work and, provided it receives prompt payment from the City for the City's share of the cost of the work, or is otherwise compensated by the City as the parties may subsequently mutually agree In writing may promptly make payment to all persons supplying the PRINCIPAL, its contractors or subcontractors with any labor, services, material and /or supplies used directly or indirectly by them or some or any of them in the prosecution of said work., then this obligation has be void, • otherwise remaining in full force and effect. 3. SURETY, for consideration received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the work or the plans, specifications and schedules covering the same, or in the term or mode of payment for-the same, shall in anywise affect liability, or. payment under this Bond, and it does hereby waive notice of any and all such changes, extensions of time, alterations and additions to the work or to the plans, specifications and schedules covering said work. 4. The principal amount of this Bond will be reduced, from time to time, only • rA . as and when (a) the PRINCIPAL provides the CITY with evidence of partial completion and payment costs and expenses of the Project reasonably satisfactory to the CITY, such as by way of example, release of lien and certification of payment, and (b) the PRINCIPAL provides the CITY an engineering estimate of costs to complete the Required Improvements, or (c) CITY draws down payments from SURETY under this Bond in accordance with the provisions of paragraph 5c below. The PRINCIPAL shall provide the CITY with a list of all contractors, subcontractors and material contractors, subcontractors and material suppliers, together with a certificate of the general contractor certifying • such list is complete. The CITY shall not have the obligation to reduce the principal amount of this SURETY, if it has reasonably concluded the costs of completion will exceed the original cost estimate or evidence of payment and partial completion is not satisfactory to the CITY. To obtain a reduction in the principal sum of the Bond, the PRINCIPAL shall obtain from the CITY authorization for a reduction, which shall be forwarded to the SURETY. Any reduction in Bond value shall be considered effected and binding against CITY. 5. Whenever the PRINCIPAL shall have failed or refused to commence or L' • complete the said work by the dates set forth in the Contracts for the work, the CITY may declare the PRINCIPAL'to be in default and the SURETY may remedy the default within thirty days, or shall within thirty days, a. Complete or begin completion of the said work in accordance with the specifications and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules covering said work, completing the work in a prompt manner, or b. Obtain a bid or bids for submission to the CITY for completion of • said work in accordance with the plans, specifications and schedules covering said work, and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work, and upon determination by the CITY and the SURETY of the lowest responsible bidder, arrange for a contract between such bidder and the SURETY, and pay to such bidder as work progresses (event should there be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) the funds required to • • pay the costs of completion of said repair or maintenance work as herein described. C. Alternatively, the parties hereto understand that upon default by PRINCIPAL, CITY may elect to assume the contracts for the construction of the work, in which event CITY shall be entitled to draw from SURETY the amounts due on a monthly basis in order for CITY to cover PRINCIPAL's share of the cost of the work regardless of the fact that the cost of the Required Improvements may exceed the amount of this Bond. If City elects to assume the contracts for construction of the Required Improvements, this Bond • shall be modified as necessary to comply with the provisions of F.S. 255.05. 6. The CITY shall be entitled to their reasonable attorney's fees and costs in any action at law or equity, including appellate court actions, to enforce the CITY's rights under this Bond. IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these presents this 28th day of December, 2004. • • • • Witness 22Ax��- W Vness Cp Witness Witness Countersigned by: Brett Rosenhaus Address: 4000 South 57th Ave. Ste. 201 Lake Worth, FL 33463 L:\ FORMS\ PaymentAndPe.rforrnanceREDLINE .wpd PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., Its general ?909er. Daniel . Catalfumo, President RCA CENT -EK OF FLORIDA LLC Daniel_5�_.atalfumo, President PGA GATEWAY, LTD, B. Daniel atalfumo, President MALL PROPERTIES, LTD. B : .� Y Daniel S, alfumo, President SURETY: -Liberty Mutual Insurance Company By: _ Brett Rosenhaus, Attornny in Fact %fL Resddeht Agent- • • Liberty Mutual Surety Bond Number `' 0L' QU7 a 3 y NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company "); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties "). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. • LMIC -6539 11/15/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 14864'�� This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint RICHARD M. BUTIN, KAREN L. DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF WEST PALM BEACH, STATE OF FLORIDA ........................................................................................... ............................... ................................................................................................................................................................ ............................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, a oyt and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100 _ DOLLARS ($ 50,000,606.00 1 each, and the execution of such undertakings, bonds, recognizances and other surety. obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their C. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be y as binding as if signed by the president and attested.by the secretary. a _ By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. w 0) That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0- d IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of iberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of March 2004 ` LIBERTY MUTUAL INSURANCE COMPANY L p d x' r..; "S'' By via -•^-" L �.✓_ J����4- , G m °:x Garnet W. Elliott, Assistant Secretary 0 ., COMMONWEALTH OF PENNSYLVANIA ss d COUNTY OF MONTGOMERY r On this 23rd day of March 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged D C that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Eai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O � T IN TESTIMONY WH Pd unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year d first above written. ��Q,UCrp1ONW�`5 vc ann Sea! �G %�, Tease wp.. ., Not, u _. /(G •/C.Ci�(epfJ L O OF P:ymeu:h Twp Mon-901-Wry C :ntv B Z V My CJn,r11:8 &P!1 Expires t !,at. LP, 2(A35 y M ember, PernsyPvnr:a Assooia8onof No`:nrea Ter Sa PeStella, Notary Public CERTIFICATE NSY0 ,4 pU$`v� I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. � J TI N RE hereunto subscribed my name and affixed the corporate seal of the said company, this v V q / — day of r" By r David M. Carey,.Ass' m Secretary N N d C .N C 0 vH QN W G 00. QM O� 3� OE CL M N O w 0 O c �d •� m To � >� ar 0 Vq CVW L M C O 00 0 r 0 H'L CITY OF PALM BEACH GARDENS • ___PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum 1I 1I u • Date Prepared: December 30, 2005 Meeting Date: January 10, 2006 Ordinance 5, 2006 Subject /Agenda Item: Petition LDR- 05 -06: Ordinance 5, 2006 (previously known as Ordinance 30, 2005) Pubic Hearing/ Recommendation to the City Council: A City- initiated amendment to the City's Code of Ordinances by amending Chapter 78, "Land Development," Article V, "Supplementary Regulations," Division 5, "Natural Resources and Environmentally Significant Lands," relating to approval criteria for proposed land alteration, alternative forms of mitigation, and amending Article VIII, "Definitions." [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Planning Zoning &Appeals Planning Manager: Growth Management: Costs: Board Action: !!! Project Manager: $ N/A Talal Benothman, AICP Total [ ] Approved Mark Hendrickson [ ] App. w/ conditions City Attorney: City Forester $ N/A [ ] Denied Current FY [ ] Continued to: Christine Tatum, Esq. [ X ] Quasi- Judicial Development Compliance: [ ] Legislative Funding Source: [ X ] Public Hearing Baharch Keshavarz, AICP [ ] Workshop [ ] Operating Attachments: Management Advertised: [X] Other N/A . Ordinance 5, 2006 s tor: A Date: December 30, 2005 . W Paper: P. B. Post Ordinance 9, 2005 Charles K. Wu, AICP [ ] Not Required Budget Acct. #: NA Approved By: City Manager: Affected parties: Ronald.M. Ferris [ X ] Notified [ ] Not Required i C7 Date Prepared: December 30, 2005 Meeting Date: January 10, 2006 Ordinance 5, 2006 BACKGROUND The City of Palm Beach Garden's first "Natural Resources and Environmentally Significant Lands" code was adopted by Ordinance 4, 1990. It was amended shortly after by Ordinance 7, 1993 primarily to opt out of the Palm Beach County's countywide ordinance on environmentally sensitive lands. As the new millennium approached, City staff noticed that developers began considering the use of mitigation rather than preservation on -site. By November 2000, City Council had held two workshop meetings on the land appraisal issue where the method for cash payment in lieu of preservation had been debated. City staff began preparation for the clarification of environmental mitigation policies and proposed an amendment to the land Development Regulation (LDR- 01 -06) in January 2003. The proposed amendment to the existing appraisal language was so hotly contested by the development community, the petition was withdrawn. Within the last five years, the City has approved seven developments which contained provisions for off -site mitigation for land preservation. At some point in the future, it is very possible that off -site land mitigation may not be an option available to applicants. To date, the City has not approved a payment mitigation option. A City - initiated Comprehensive Plan text amendment to • the Conservation Element began in January of this year (Petition CP- 05 -02) to clarify that the City Council may approve either off -site mitigation or payment in lieu of preservation under appropriate circumstances. On June 9, 2005, the City Council adopted said text amendment by. Ordinance 9, 2005, and it became effective on September 1, 2005.. The proposed amendment to the Land Development Regulations incorporates much of the same comprehensive plan language into the environmental code section. It also incorporates the City Council's direction that payment in lieu of preservation is the last option or resort. SUMMARY OF PROPOSED CHANGES Section 78 -242 is proposed to be amended to clarify that all developments, including agricultural developments, with significant environmental impact shall set aside as preserve areas upland native plant communities. Section 78 -249 is proposed to be amended to clarify the criteria for wetland and upland mitigation. Alternative forms of wetland mitigation by other agencies are acceptable. Upland mitigation can only occur east of the urban growth boundary. At least 50 percent of the required upland preserve must be provided on site when mitigation alternative are proposed. A property owner of an existing platted upland preserve is not allowed to use off -site or cash payment options to modify the existing preserve. If City staff has determined that environmentally 0 Page 2 • I Date Prepared: December 30, 2005 Meeting Date: January 10, 2006 Ordinance 5, 2006 suitable land is inot available within the City, City Council can require all preservation to be on- site, or payment in lieu of preservation, or any combination. Section 78 -250 is proposing to re- establish the 25 percent set -aside requirement, but clarifying that City Council has the option to designate the portion of the plant community which will include the 25 percent set - aside. The proposal will eliminate the exception for lots less than 40 acres. Section 78 -252 is proposed to expand and clarify the alternative mitigation programs. A three to one ratio maximum limit has been proposed for off -site preservation.. Wetlands will not be able to. be used for mitigating uplands. City staff is recommending that City Council approve all mitigation measures; however, all projects shall be designed to indicate a "reserve preserve" on site until the mitigation is approved. The intent of this recommendation is to maximize the protection of preserves and protect the environmental resources through alternative forms of mitigation when it is to the public's benefit. The public would be in a better position to understand benefits of mitigation after they have reviewed the overall development plan. Also, any proposal for payment in lieu of preservation would be based on a site that has been approved, which will better define some of the variables for„ appraising land. City staff is expanding thel list for which the mitigation funds can be used, including land purchase, • management, mitigation, and construction of environmental improvements. The appraising language was created with the help of an independent state - certified general property appraiser. There are safeguards and limits placed on the appraisal option. The City will bare no costs associated with any mitigation proposal. i Section 78 -751 is proposed to amend and create the new definitions for ecosystem, endangered or threatened species, species of special concern, listed species, "protected" species and upland native plant community. CONSISTENCY WITH COMPREHENSIVE PLAN i A City- initiated Comprehensive Plan text amendment to the Conservation Element began in January of this, year (Petition CP- 05 -02) to clarify that the City Council may approve either off - site mitigation or payment in lieu of preservation under appropriate circumstances. On June 9, 2005, the City Council adopted said text amendment by Ordinance 9, 2005, and it became effective on September 1, 2005. The City is required to amend the Land Development Regulations to be consistent with the revised Comprehensive Plan. It is staff's professional option that the proposed Land Development Regulations amendment is consistent with the overall intent of the goals, objectives and policies of the City's Comprehensive Plan, as amended by Ordinance 9, 2005. • Page 3 Date Prepared: December 30, 2005 • Meeting Date: January 10, 2006 Ordinance 5, 2006 PLANNING, ZONING & APPEALS BOARD On December 13, 2005, the Planning, Zoning and Appeals Board held a workshop to discuss the draft ordinance. One comment was raised under Section 7.8- 252(b)(2)(d) concerning the property appraiser's qualifications. The suggestion was made and agreed upon to add the language "acceptable to the city" at the end of the first sentence. This is the only change that has been made to the proposed ordinance since the workshop. Should the first appraisal prove to be unsatisfactory, Ithe City can request a second appraisal, at the developer's expense. AFF Staff recommends APPROVAL based on the following findings of fact: • The proposed amendment to the City's Code of Ordinances is consistent with the existing Goals, Objectives, and Policies of the City's Comprehensive Plan as amended by Ordinance 9, 2005; • The proposed amendment to the City's Code of Ordinances is consistent with the existing Goals, Objectives, and Policies of the County's Comprehensive Plan; • The proposed amendment is consistent with past policies and direction provided to date by Cit}, Council, specifically on the subject of off -site mitigation of upland preserves. Staff recommends APPROVAL of Ordinance 5, 2006. Page 4 I Date Prepared: December 30, 2005 2 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 5, 2006 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 5 PALM BEACH GARDENS, FLORIDA, RELATING TO OFF - 6 SITE ENVIRONMENTAL MITIGATION; AMENDING 7 SECTIONS 78 -242, ENTITLED "APPLICABILITY," 78 -249, 8 ENTITLED "APPROVAL CRITERIA FOR PROPOSED LAND 9 ALTERATION," 78 -250, ENTITLED "PRESERVE AREA 10 REQUIREMENTS," 78 -252, ENTITLED "ALTERNATIVE 11 FORMS OF MITIGATION," AND 78 -751 ENTITLED 12 "DEFINITIONS; ALL OF CHAPTER 78, "LAND 13 DEVELOPMENT" OF THE CITY CODE OF ORDINANCES;" 14 PROVIDING FOR CODIFICATION; AND PROVIDING FOR 15 AN EFFECTIVE DATE. 16 17 WHEREAS, by Ordinance 9, 2005, the City Council amended the City Comprehensive Plan 18 to permit off -site mitigation in certain circumstances; and 19 0 WHEREAS, to implement the Comprehensive Plan, City staff has initiated an amendment l (Petition LDR- 01 -06) to the City's Land Development Regulations amending Chapter 78, "Land 22 Development," Sections 78 -242, Applicability," 78 =249, "Approval criteria for proposed land 23 alteration," 78 -250, "Preserve area requirements," 78 -252, "Alternative forms of Mitigation," and 24 Section 78 -751 "Definitions" ; and 25 26 WHEREAS, on , 2005, the Community Aesthetics Board recommended 27 approval and adoption of the amendment to the City's Land Development Regulations; and 28 29 WHEREAS, on , 2005, the Planning, Zoning and Appeals Board, the duly 30 constituted Land Development Regulations Commission for the City, conducted a public hearing and 31 recommended approval and adoption of the amendment to the City's Land Development 32 Regulations; and 33 34 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best 35 interest of the citizens and residents of the City of Palm Beach Gardens. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM 38 BEACH GARDENS, FLORIDA: 39 40 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 41 SECTION 2. The City Council hereby amends Sections 78 -242, "Applicability," 78 -249, 43 "Approval criteria for proposed land alteration," 78 -250, "Preserve area requirements," 78 -252, Date Prepared: December 30, 2005 • Ordinance 5, 2006 1 "Alternative forms of Mitigation," and Section 78 -751 "Definitions" of Chapter 78, "Land 2 Development" of City Code of Ordinances," to read as follows: 3 4 (Note: "* * *" indicates unchanged language omitted for brevity) 5 6 7 Section 78 -242. Applicability. 8 .9 (a) Application. All sections of this division shall be effective within the incorporated area 10 of the city and shall set restrictions, constraints, and requirements to preserve and 11 protect natural resources and environmentally significant lands. All development with 12 significant environmental impact, including_ agricultural development, shall set aside 13 upland native plant communities as preserve areas as outlined in this division. 14 15 16 17 Section 78 -249. Approval criteria for proposed land alteration. 18 19 Approval of land alteration requests. The growth management department may approve requests 20 for land alteration consistent with the approved development order. The decision regarding such �l lands shall be based upon application of the criteria listed below. 2 23 (a) Value. The project design provides for the protection and preservation of the most 24 valuable or unique existing natural resources, listed species and environmentally 25 significant lands on site, or the restoration or creation of upland environments may.occur 26 within the limits of a proposed development. If restoration or creation is proposed, the 27 applicant must demonstrate the area to be improved is equal to at least 100 percent of the 28 preservation area required by these land development regulations. 29 30 (b) Mitigation. 31 (1) Wetland Mitigation, If listed species do not exist on the site or on -site preservation 32 would yield a preserve area that is less than the preferred minimum of ten acres, or 33 unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to 34 the City Council may be implemented consistent with section 78 -252, or as determined 35 by other agencies having jurisdiction over wetlands. 36 37 a. Minimum preservation area. A preserve area consistent with section 78 -250 shall 38 be the basis for any consideration of mitigation of minimum preservation area 39 requirements. 40 41 b. Preservation area alternatives. The City Council may consider alternatives to on- site preservation in the following circumstances: 2 3 Date Prepared: December 30, 2005 Ordinance 5, 2006 1 i. The quality of habitat on any size parcel does not warrant preservation of 2 environmentally sensitive land by reason of invasion of nonnative or exotic 3 species, prior alteration or disturbance of vegetation, alterations to land which 4 have changed the hydroperiod, alterations to land which have changed drainage 5 patterns, or similar circumstances; and 6 7 ii. Preservation.of such habitat is not otherwise required by city policy, these 8 land development regulations, or other .applicable codes. Listed specie habitat 9 requirements are referred to in paragraph (44) of this section; and 10 11 iii. Environmentally sensitive land or upland habitat of equivalent type and area 12 is available in the city. Based upon one or more of the circumstances listed 13 above, the environmental assessment, and related information, the City Council 14 may authorize off -site preservation or mitigation of similar environmental 15 communities. Funds shall be paid prior to issuance of a land alteration permit, 16 unless otherwise provided by the City Council. Off site preservation and 17 mitigation may be required at a rate that exceeds the normal 25 percent 18 preservation requirement in order to compensate for loss environmentally 19 sensitive lands or upland wetland habitat. 20 Q1 (2) Upland Mitigation. No off: site preservation or cash payment in lieu of preservation shall occur west of the Urban Growth Boundary. A property owner 23 of a platted upland preserve shall not be permitted to use the off -site preservation 24 or cash pa ien# option to modify the preserve area. Development occurring east 25 of the Urban Growth BoundM mgy permitted off -site preservation or a cash 26 payment in lieu of preservation under the following criteria: 27 28 a. If on -site upland preservation would i ld a preserve area that is less than 29 ten acres, an alternative form of mitigation acceptable to the City Council 30 may be implemented consistent with section 78 -250. If fifty percent 31 (50 %) of the required twenty -five percent (25 %) on -site upland 32 preservation would yield ten acres or more, the acreage that fifty percent 33 (50 %) yields shall be the minimum upland preserve that must be provided 34 on site. 35 b. Proposed preserves shall be located adjacent or contiguous to an existing 36 preserve or linked to a city designated parkwasystem where possible 37 and improved by the City Council. 38 c. Acquisition of off -site environmentally significant lands may be preferred 39 over the preservation of on -site lands if, based on environmental 40 assessments, off -site lands better advance the purposes of this division 41 due to the characteristics of the onsite lands such as their specific location, invasions of nonnative or exotic species,_prior alteration or disturbance of vegetation, or other similar. circumstances. 3 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q 1 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 103 sr �� Date Prepared: December 30, 2005 Ordinance 5, 2006 d. If it can be reasonably determined that environmentally suitable land is not available within the city for satisfying the off -site preservation option, the city council may require all preservation to be on- site, or require a cash payment in lieu of setting aside an upland preserve, or any combination thereof. Section 78 -250. Preserve area requirements. (a) Minimum requirements. The minimum requirements listed below shall apply to all required preserve areas for environmentally significant lands. (1) Preserve area designations. a. A minimum of 25 percent of the , ' hai meek, ^ a A ^ *« 'weed; total upland native plant communities shall be set aside as a preserve on site. The 25 percent set -aside shall be based on the quality and viability of the upland vegetation ecosystem. b. The city council shall have the option to designate the portion of the signifieant !a hieh shall be preserved upland native plant community which will be included in the 25 percent set - aside. Such set -aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. (3) Minimum dimension and total area. a. The minimum length or width dimension of all required preserve areas shall beat least 100 feet, except for preserve areas for historic or specimen trees when a smaller size may be appropriate. b. The preferred minimum land area for preserves areas is ten acres, with the exeeption of pn.sen ° on lots of less than 40 ,, c. When potential preserve areas will be less than ten acres er- less and cannot be interconnected with other preserve areas which will result in a preserve area of ten acres or more, the City Council may consider an alternative form of mitigation, as described in sections 78 -2-50 249(b) and 78 -346 252. It is the intent of this section to maximize the public benefit and welfare through allowina alternative forms of mitigation to preserve and protect the City's environmental resources to the maximum extent possible. Mitigation measures may not 4 Date Prepared: December 30, 2005 • Ordinance 5, 2006 1 cause open space parkwqy or buffering requirements to fall below minimum requirements. 2 3 4 5 Section 78 -252. Alternative forms of mitigation. 6 7 (a) Purpose and intent. The purpose of allowing the approval of an alternative form of 8 mitigation is to provide a public benefit to the City that equals or exceeds the expected 9 benefit that would have been derived from onsite preservation. Alternative forms of 10 mitigation generally are not favored over onsite mitigation. 11 12 (b) Alternative mitigation programs. Alternative forms of mitigation that may be approved by 13 the City include, but shall not be limited to, the programs or combination of programs listed 14 below. 15 16 (1) Off -site preservation. 17 18 a. Off site preservation of envir-anomentally signifieant habitat equal to or- greater- i 19 size than the r° eme t stated in tien 78 250 The Cily Council may require 20 up to three (3) acres of off -site preservation for every one (1) acre required to be Q1 preserved on -site depending upon the size of the proposed off -site preserve, the 2 quality of the habitat or vegetation being ob st or gained, and the location of the 23 proposed off -site preserve. The proposed off -site preserve shall be within the 24 corporate limits of the City of Palm Beach Gardens. The applicant shall submit 25 environmental assessments for both the on -site and off -site preservation areas for 26 comparison purposes. 27 28 b. Neither jurisdictional nor non - jurisdictional wetlands shall be used to mitigate for 29 u 1� ands. 30 31 c. Off -site preserve mitigation shall be approved by city council. The dedication of 32 off -site preservation and its maintenance program shall be completed prior to 33 issuance of any land alteration permit for the property whose development is 34 being sought and for which mitigation being considered. Until City Council 35 approves off -site mitigation, all site plans shall indicate 100 percent of the 36 required upland preserve set aside on site.. Acreage that is being onsidered for 37 mitigation shall be labeled as "reserve preserve" on the site plan. 38 39 d. The developer shall acquire land of , similar or better quality native plant 40 communities. The City shall bear no costs associated with the acquisition, 41 including but not limited to, surveying, platting or maintenance_ of an off -site preserve. 5 Date Prepared: December 30, 2005 • Ordinance 5, 2006 1 (2) Payment in lieu of preservation 2 3 (a) The mitigation option of payment in lieu of on -site inland preservation shall be 4 gpproved by City Council. The timing of f the payment shall be made part of the 5 approvin dg evelopment order of the project This option may not be used if off - 6 site preservation within the City's limits is available to the developer. This option 7 may not be used to mitigate previously platted upland preserves, or _previously 8 approved Development Orders. Until City Council approves the mitigation option 9 of payment in lieu of on -site preservation, all site plans shall indicate 100 percent 10 of the required upland preserve set aside on site. Acreage that is being considered 11 for mitigation shall be labeled as "reserve preserve" on the site plan. 12 13 (b) Cash payments in lieu of preservation of environmentally significant land4}ased 14 od land value and as dete,-,�,�ned by City r,,, nei shall be- made to �V1111111VLL V, \/1,�, t/V N11V 11, 15 accumulate in a City fund established for the purpose of acquisition and 16 management of land containing similar native vegetation, other environmentally 17 significant lands, or any ecological or environmental improvements to public 18 lands, including but not limited to construction of nature centers, and trails within 19 the City's publicly owned lands. The 20 sec shall Community Aesthetics Board may assist City staff in providing 01 recommendations to the City Council for use of funds obtained in lieu of 2 preservation of environmentally significant lands. 23 24 (c) The'' au4i1:Vation and eavifefffnental reeve : tree community aesthetics board shall 25 provide recommendations to the city council for use of funds obtained in lieu of 26 preservation of environmentally significant lands. 27 28 (d) Ti �.' su.... ..... ,,;,od ,n t;o„ e �,o�o,.,et; ,,,- „f o ;r„� Bt 11 .e, _.quit- d i lieu - r._.,_.. �ien ..- --- - -e -� 29 signifieant !ands shall be detennined by the amount of land nofmally required for- 30 a4io and the lee t; ^„ ther- eef-The fee simple market value thereefshall be 31 determined by twe an independent state - certified general property appraiser 32 acceptable to the city, who shall hold the are ,, hers of the appraisal inst;t„te 33 Member Appraisal Institute designation acceptable to the City. is to 34 be appointed' by- the City and the ether- by thedevelepe, Eaeh party shaj bear -tho 35 expense of the respeoti appointed. Both appraisals shall meet 36 pprep iatec -it�st . The ameu-FA ,.fmoney deto..,., i ed by aver-aging th 37 i[l Wle 11111V Vl 11 t appr-aisa4s shall be ;d by developer- to the City t the time o f 38 development order- appreval by the G t Ge..n -fl the city GOUReil ... 39 ^„; The cash payment shall be equivalent to the average per acre appraised 40 value of the whole property, at the time of development approval by City Council, 41 multiplied by the number of acres being proposed for mitigation. The developer shall pay all costs associated with this option. The City shall bear no cost in 3 402 determining the appraised value and retains the option for requesting a second Date Prepared: December 30, 2005 • Ordinance 5, 2006 1 appraisal if necessary. , at the developer's expense. The City Council may require 2 the payment to be greater than the appraised value, provided that the payment does 3 not exceed three times the appraised value of the property. It shall be the City 4 Council's sole discretion to approve the payment -in- lieu -of option. 5 6 7 8 The ,.,1; µ„+ shall pr-evide evide.nee. +hatsueh f ifigat o _,,;11 be benefiesia to speeies 9 designMed aseni angered, flueacen, er species -e€ speeial eene 10 raJr d vrvra+ ru+ e the area to he improved is e��: al to at least 1001 t e.e. n+ of the 11 sei , alien area required by these land develo ment regulations. 12 13 14 15 Section 78 -751. Definitions. 16 17 18 19 Ecosystem, mative ale; -means an assemblage of living organisms, ine-luding (plants, animals, and 20 microorganismsgjcQ and nonliving components (soil, water, air, and etc. that functions as �1 a dynamic whole through organized energy flows w ieh arr- caraeteristie ef: the igir l ef 2 , and speeifleally in area leeated within the eity. 23 24 Endangered species, threatened species, and species of special concern (referred to as listed species) 25 means plant or wildlife animal species listed as endangered, threatened, or as species of special 26 concern by any one or more of the following agencies: U.S. Fish and Wildlife Service, Florida 27 Department of Environmental Protection, Florida Fish and Wildlife Gensen,., +;en Game and Fresh 28 Water Fish Commission, Florida Committee on Rare and Endangered Plants and Animals, Treasure 29 Coast Regional Planning Council or the Florida Department of Agriculture and Gees „me,. ce,- ,.;,.ems 30 31 Listed species. See Those species designated as endangered species, threatened species, and or 32 species of special concern. 33 34 Protected species refers to official federal state, or international treaty lists which provide legal 35 protection for rare and endangered species. 36 37 Restoration /creation (referring to upland preservation) means upland areas, that due to the area's 38 environmental degradation have both the soil and some remnant vegetation association with a known 39 natural upland community, which can be artificially reestablished to function like an upland 40 community to meet or exceed environmental requirements. 41 402 Threatened species refers to species that are likely to become endangered in the state within the 3 foreseeable future if current trends continue. This category includes: (1) species in which most or-all 7 �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 3 Date Prepared: December 30, 2005 Ordinance 5, 2006 populations are decreasing because of over- exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted b deleterious conditions and which, while not actually endangered, are nevertheless in a critical state, and (3 )species which may still be relatively abundant but are being subjected to serious adverse pressures throughout their range. Upland Native Plant Community refers to the original terrestrial, natural biological associations of Florida as outlined in the most current "Guide to The Natural Communities of Florida" prepared by Florida Natural Areas Inventory and Department of Natural Resources. SECTION 4. Codification of this Ordinance is hereby authorized and directed. SECTION 5. This Ordinance shall become effective immediately upon adoption. PASSED this day of ; 2005, upon first reading. PASSED AND ADOPTED this day of , 2005 upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Joseph Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Counclmember Date Prepared: December 30, 2005 • Ordinance 5, 2006 1 2 3 ATTEST: 4 5 BY: 6 Patricia Snider, CMC 7 City Clerk 8 9 10 APPROVED AS TO FORM AND 11 LEGAL SUFFICIENCY 12 13 14 BY: 15 Christine Tatum, City Attorney 16 17 18 19 r� U • Dale Prepared: Dooernber 29, 2004 1 ORDINANCE 9, 2005 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH. GARDENS, FLORIDA AMENDING THE CONSERVATION 6 ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF 7 PALM BEACH GARDENS RELATING TO THE PROTECTION OF 8 ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12. WHEREAS, the City Council of the City of Palm Beach Gardens authorized the 13 staff to initiate comprehensive plan amendments necessary to effectuate the City's 14 economic development goals and objectives; and 15 16 WHEREAS, the proposed amendment to the Conservation Element furthers the 17 goals, objectives, and policies of the recently - adopted Economic Development Element; 18 and 19 20 WHEREAS, on February 8, 2005, the Planning. Zoning, and Appeals Board, 21 sitting as -the duly constituted Local Planning. Agency for the City, recommended 22 approval of this amendment to the Conservation Element of the Comprehensive Plan of 23 the City; and 24 25 WHEREAS, the City Council finds that the subject amendment is consistent with • 26 the City's Comprehensive Plan; and 27 28 WHEREAS, the City Council finds -that the subject amendment is consistent with 29 Sections 163.3184 and 163.3187, Florida Statutes; and 30 31 WHEREAS, the City Council .acknowledges that this amendmentis subject to the 32 provisions of Sections 163:3184(9) and 163.3189; Florida Statutes, and that the City 33 shall maintain compliance with all provisions thereof.; and 34 35 WHEREAS, the City has received public input and participation through public . 36 hearings before the Local Planning Agency and.the City Council in accordance with 37 Section 163..3181, Florida Statutes; and 38 39 WHEREAS, the City Council has .determined that adoption of this Ordinance is in 40 the best interest of the citizens and residents of the City of Palm Beach Gardens. 41 42 43 NOW, THEREFORE. 'BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 44 OF PALM BEACH GARDENS, FLORIDA that: 45 46 SECTION 1. The foregoing recitals are hereby affirmed and ratified. • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32, 33 34 35 36 37 38 39 40 41 42 43 44 45 46. Date Prepared: January 14, 2005 Ordinance 9, 2004 SECTION 2. The Conservation Element of the City's Comprehensive Plan is hereby amended to read as follows: Definitions: LISTED SPECIES - Those species designated as endangered, threatened, or of special concern. PROTECTED - Refers to official federal, state, or international treaty lists which provide legal protection for rare .and endangered species. 1. U. S. Fish and Wild 'life 'Service 2. Florida Game and Fresh Water Fish Commission f . 3 Florida Committee on Rare and Endangered Plants and Animals 4. Florida Departmentof.Agriculture 5 Treasure Coast Regional Planning Council Policy 6.1.5.6.: To ensure .protection, of environmentally sensitive areas and listed species, the City shall implement. the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1'.5.4: 1. . The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species; and environmentally significant lands on site; - 2 • Dale Prepared: January 14, 2005 Ordinance 9, 2004 1 2. If no listed species have been determined to exist on the site, or on -site 2 preservation would yield a preserve area that is less than the preferred minimum 3 of ten acres or unavoidable impacts to wetlands occur, an alternative form of 4 mitigation acceptable to the City Council is implemented; 5 6 3a. A 25% Fninimum, ast- wit#- caropy; 7 u , 8 ha , 9 10 11 3b. in GareG of Mr, of 19 hacr -09�cres ar where .tae qua 12 tiers of 13 6UGh habitat on-64e 14 habitat -ef-" ' ears- -- available =el Fhere In the Gity, the 15 r- cernities eff site; previd for the 16 asQui ' ' OF restore- eirnilaf 17 - rtAunities- +nay -be 18 required,at a groate"atie; 19 20 3. The City shall continue to require, through the Land Development Regulations, 21 that all development withsianificant environmental impacts, including agricultural 22 development, set aside as preserve areas a .minimum of 25 percent of the total 23 upland native plant communities on site. The 25 percent set -aside shall be 24 based on the quality and viability of the vegetative ecosystem. The City shall . 25 26 have the option to designate the portion of the plant community which will be included in the 25 percent set- aside. Such set - aside habitat shall be preserved 27 and managed in viable condition with , existing canopy, understory, and ground 28 cover. 29 30 The City shall, for development occurring east of the Urban Growth Boundary. 31 have the option of accepting off -site preservation or a cash payment in lieu of 32 preservation and shall accumulate such payments from development for the 33 purchase and management of off -site upland :native plant communities. The 34 Land Development Regulations shall establish criteria for assessing the cash 35 payment amount and for determining which proiects warrant the use of the cash 36 payment option. A property owner of a platted upland preserve shall not be 37 allowed to use the off-site preservation or the cash payment option to modify the 38 preserve area. 39 40 41 ... 42 43 44 45 46 • • • Date Prepared: January 14, 2005 Ordnance 9, 2004 1 SECTION 3. The City's Growth Management Administrator is hereby directed to 2 transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, 3 and other relevant material, which is attached hereto as &hibit A, to the Department of 4 Community Affairs of the State of Florida and other appropriate public agencies, and 5 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 6 other necessary documents are forwarded to the Florida Department of Community Affairs 7 , and other agencies in accordance with Section 163.31 B4(3), Florida Statutes. 8 9 SECTIONAL The effective date of this plan amendment shall be the date a final 10 order is issued by the Department of Community Affairs or Administration Commission 11 finding the amendment in compliance in accordance with Section 163.3184(1)(b), 12 Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by 13 the Administration Commission, this amendment may nevertheless be made effective 14 by adoption of a resolution affirming its effective status, a copy of which resolution shall 15 be sent to the Florida Department of Community Affairs, Division of Community 16 Planning, Plan Processing Team. An adopted amendment whose effective date is 17 delayed by law shall be considered part of the adopted plan until determined to be not in 18 compliance by final order of the Administration Commission. Then, it shall no longer be 19 part of the adopted plan unless the local government adopts a resolution affirming its 20 effectiveness in the manner provided by law. 21 22 23 24 (The remainder of this page left intentionally blank) 25 26 27 28 29 30 31. 32 33 34 35 36 37 38 39 40 41 42 ,43 44 45 46 • • Date Pmpved: January 14, 2005 Ordkonce 9.2004 I PASSED this 18' dey of F"XC/PM'4 , 2005, upon first reading. 2 3 PASSED AND ADOPTED this 16fT�day of J V o cr 2005, upon 4 second and final reading. . 5 6 1 7 CITY OF P B CH RD FOR AGAINST ABSENT 8 9 ✓ 10 BY: it a 12 ✓ 13 14 J t , Ma 15 ✓ 16 17 Da e4 , Coundlm • ber - T 18 19 20 I . Valeche, Coundlmember 21 / 22 23 Jody Ba lmember 24 25 26 ATTEST: 27 28 29 BY: 30 atdda Snider, CMC 31 City Clerk 32 33 34 APPROVED AS TO FORM AND 35 LEGAL SUFFICIENCY 36 37 — 38 BY: 39 Ch�tine P. Tatum, City Attorney 40 41 _ 42 43 44 45 46 47 G :Xa4&ney_sharalloRD1WNCE5I0OMP KM - text amd - wroervation ak m M - and 9 2005.dac 5 `,t CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD • Agenda Cover Memorandum • • Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 Subject/Agenda Item: 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). [X) Recommendation to direct the applicant to make the necessary design changes to the elevation Reviewed by: Originating Dept.: FINANCE: PZAB Action: Growth Management: [N /A] Approved. City Attorney Christine Tatum, Esq. Project � Costs: $ N/A [N /A] App. w/ conditions Manager Total [N /A] Denied Development Compliance Brad Wiseman [ ] Rec. approval Interim Planning $ N/A [ ] Rec. app. w/ conds. Bahare Keshavarz, AICP Manager Current FY [ ] Rec. Denial [X] Quasi - Judicial [N /A] Continued Growth M m nt [ ] Legislative Funding Source: to: [ ] Public Hearing Administr ;u, Advertised: Attachments: Charles K. ICP n [ )Operating Date: N/A • Resolution 81, 2001 • Resolution 105, 2004 Paper: N/A [X] Other N/A • Resolution 120, 2005 • CC Minutes 6/17/04 [X] Not Required Budget Acct. #: 0 Project Narrative • Unit Square Footages Approved By: Ronald M. Ferris NA • Reduced Plans Affected parties: • Menin Bridge Letter City Manager [X] Notified [ ] Not Required F Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 • BACKGROUND The proposed development is located within the Regional Center Development of Regional Impact (DRI). 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. 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. The most recently approved Notice of Proposed Change (NOPC) 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. During the discussion of Resolution 105, 2004 at the June 17, 2004, meeting concerning the adjacent Landmark 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. On February 1, 2005, Urban Design Studio, on behalf of Kolter Properties, submitted a development application to the Growth Management Department for 216 residential condominium units within two, twelve -story towers and 24 townhouses on Parcel 27.09. Subsequent to the adoption of Resolution 105, 2004 and the submittal of the Kolter development 10 application, City Council held a retreat on the 28 and 29 of April 2005. During this retreat, the Page 2 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP45 -01 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. The zoning designation of the site is a Planned Community District (PCD) Overlay. PROJECT DETAILS The proposed project consists of 216 residential condominium units within two, twelve -story towers and 24 townhouses on a 6.6 -acre site. The proposed density is 3 6. 10 dwelling units per, acre, whereas the Landmark has a density of 37.05 dwelling units per acre. Site Access 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 one phase. Traffic Concurrence 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. School Concurrence The applicant received school concurrency from the Palm Beach County School. District on 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. Page 3 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 Landscaping • The a pp licant is providing 2 1 ,520 landscaping points on -site, whereas 10,789 are required by the City Code. The applicant has allocated 2.327 acres, or 35.05% of the site, toward open space, which meets the minimum 35% required for residential developments within PCDs. The applicant has provided a 15 -foot wide landscape buffer along Fairchild Gardens Avenue and Kyoto Gardens Drive, which meets the minimum 15 -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. T.nko Plnn • 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. U 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 Page 4 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 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 and pedestrian connectivity. Gardens Pointe, the Landmark, Downtown at the Gardens, and the lake plan all make up the City's 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, which apparently are situated in a more urban setting, according to the applicant. (Many of the front doors to these townhomes are within five feet from the pathway.) It is staffs professional opinion that 1) the public take advantage of the PPAE as ` originally contemplated; and 2) the townhome residents are made aware of the close proximity of the PPAE and their townhomes. Therefore, 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 Li h� tiny The site will be illuminated according to the minimum LDR requirements. The applicant is proposing metal halide lighting throughout the site. Parkin • Required parking is calculated at ones ace per bedroom plus five percent of the required parking for guest parking, which equates to 534 parking spaces; whereas the applicant is proposing 534 total parking spaces. The bottom three levels of each tower is a parking garage, which accommodates 427 sparking spaces. The remaining parking spaces consist of 12 townhouse garage spaces and 95 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. Signage The applicant is proposing one project identification sign at the main vehicular entrance off 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. Page 5 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 • 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 Pralines and Cream, Morocco Sand, Timber Beam, Cinnamon Diamonds, Honey Butter, Summer Suede, and Pegasus. Each twelve story tower (140'high) consists of nine residential floors (108 units) over three levels of covered parking, with nine 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. 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. Page 6 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 • Waivers The applicant is requesting eleven waivers for the following project: • 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 70' 80' (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' 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 84' 56' (5) Residential High Zoning each foot of building District Setbacks height greater than two Side stories = 140' Section 78 -142 20 ft. plus one foot for 84' 56' (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' S' (8) Permitted Signs, Table monument sign shall be no 24 less that sign height — 10' Section 78- 344.(h): Stacking Distance of 100 63' & 75' 57' & 25' (9) Construction and feet is required Maintenance Section 78 -441 (c): No building permits prior Sales Trailer & 1 2 Buildings (10) 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 (1 1) Illumination of Uses Maximum in Parking in the Parking and Buildings Areas Garage (1) The proposed maximum height for the two buildings 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. Since these buildings exceed the City Code requirement for height by more than 200% of the code allowance, staff strongly recommends for the waiver to even be considered the elevation needs to vary more and thus address the box -like effect that is currently proposed. For example, the Landmark consists of a 17 -story tower (192.5 feet) flanked by two 14 -story towers (160 feet), which provide massing unlike dual towers without building height variation. It is staff's professional • Page 7 Date Prepared:, January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 opinion that this waiver is not adequately justified and recommends that a varying roof height of 10 -20 feet be provided. Staff recommends denial. Staff's preferred elevation: • @!fi IIw(wo EE I I 66 � °199 �@ Il! EE!oB itrt�l "6B6 � I;iEE 6Efi III I I Illi IIII r.@6 �A ^6fi6 66; °. 111tH ?6i6. E o ��� IIII !II iU� �l'i�I,�� )I III 6EI E '•E�66 oE6B 6E @6 66B ■ r1�h� 6�y�u a � . ■ I■I u �� ■ ■ �u °�I'1!! tl■>t 11 ■ @!fi IIw(wo EE I I (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. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. (3) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a front setback of 70 feet. Per code, a 30 -foot front setback is required plus one foot for every additional foot over two- stories. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. Page 8 IIII "' _6E 61E6 III 66 °� 6@ gill �Q� (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. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. (3) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a front setback of 70 feet. Per code, a 30 -foot front setback is required plus one foot for every additional foot over two- stories. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. Page 8 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: 5'P =05 -01 • (4) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a side street setback of 40 feet, whereas the Code requires 140 feet. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. J (5) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks, to allow for a side setback of 84 feet, whereas the Code requires 140 .feet. Since staff does not support the current design of.the towers, staff does not support this waiver request. Staff recommends denial. (6) The applicant is requesting a waiver from Section 78 -141, Residential Zoning setbacks to allow for a rear setback of 84 feet, whereas the Code requires 140 feet. Since staff does not support the current design of the towers, staff does not support this. waiver request. Staff recommends denial. (7) The applicant is requesting, a waiver from Section 78 -285, Permitted Signs, to allow for a sign on each side of the monument. Since,staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. (8) The applicant is requesting a waiver from City Code Section 78 -285, Permitted Signs, to allow for the landscaped area around` "the monument sign to be less than five feet (five feet). Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. (9) The applicant is requesting a waiver from City Code Section 78 -344, Construction and Maintenance, to allow for the 100 -foot required stacking distance to be reduced to 63 feet for the northern Fairchild Gardens Avenue egress and 75 feet for the main entrance. Since staff does not support the current design of the towers,' staff does not support this waiver request. Staff recommends denial. (10) 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. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. (11) The applicant is requesting a waiver from City'Code Section 78 -182, Illumination of Uses and Buildings, to allow for 91.5 -foot candles in the parking garage. Since staff does not support the current design of the towers, staff does not support this waiver request. Staff recommends denial. Page 9 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 • 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 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 (staffs response are in italics): y 1) The PZAB stated that nine -foot wide parking spaces are too narrow; 10 -foot wide spaces should 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, but intends on maintaining the checkerboard pattern. • OUTSTANDING ISSUES 1) Staff strongly recommends that the applicant revise the architectural elevations of the towers to reflect pronounced building height variation in order to address the box -like effect of the existing elevations. As stated previously, a 140 -foot building height limitation was imposed on the subject site. However, this building height limitation did not grant a waiver to the 45 -foot building height requirement. In accordance with City Code Section 78 -158, innovative design and a direct public benefit are mentioned as justifications for waiver approval. This application includes 11 waiver requests' It is staff's professional opinion that the design of the towers do not reflect an innovative design that would warrant approval of the building height waiver, nor approval of the remaining 10 waiver requests. Furthermore, it is staff's professional opinion that the proposed buildings are overbearing and will negatively impact the surrounding area. 2) 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. Page 10 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 STAFF RECOMMENDATION • Staff recommends that the applicant make the necessary design changes to the architectural elevations and consent to the following conditions of approval: Planning& Zoning 1) Prior to scheduling for City Council, the applicant shall revise the architectural plans of the towers to reflect pronounced building height variation between 10' to 20' that adequately addresses the box -like effect of the existing elevations (Planning & Zoning). 2) 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, The applicant shall also include language in the homeowners' association documents that requires the maintenance of this bridge (Planning & Zoning). 3) 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). C 4) Prior to issuance of the first Certificate of Occupancy, the applicant shall install one decorative sign in the PPAE for every 80 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). 5) 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.. 6) Prior to issuance of the Certificate of Occupancy for the 120ti' unit, 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 Certificate of Occupancy for the 120"' unit, the City shall cease issuing any new residential building permits until ' a Certificate of Occupancy / Completeness is issued for the amenities parcel (Planning & Zoning). Page 11 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 . Petition: SP -05 -01 • 7) 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 Certificate of Occupancy for the 120"' unit 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). 8) All windows and doors shall be hurricane impact resistant (Planning & Zoning). 9) The HOA documents shall include language that prohibits outdoor storage, including towels and clothes, on the balconies of each residential unit (Planning & Zoning). 10) 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). 11) 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, 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). • City Forester 12) Prior to scheduling for City Council, the applicant shall revise sheet LP -6 to reflect a separate table for trees, palms, shrubs, and groundcovers, which comply with the point requirements in Table 27 on page CD78:252 of the LDR (City Forester). 13) Prior to scheduling for City Council, the applicant shall provide landscape plans for the reconfigured medians on Fairchild Gardens Avenue (City Forester). 14) Prior to issuance of the first Certificate of Occupancy, the applicant shall install all buffers along Kyoto Gardens Drive and Fairchild Gardens Avenue (City Forester). City Engineer 15) 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). 16) 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). 17) Prior to commencement of construction for each phase, the applicant shall provide all necessary • Page 12 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 • construction zone signage and fencing as required by the City Engineer (City Engineer). 18) 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 City prior to the issuance of the first building permit (City Engineer). 19) 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). 20) 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). 21) 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). • 22) Prior to construction plan approval, the applicant shall schedule a pre- permit meeting with City staff (City Engineer). 23) 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). 24) 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). 25) 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). 26) 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 Page 13 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 the plat is recorded (City Engineer). 27) 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). 28) No units shall be allowed to transfer title until the plat has been recorded (City Engineering). 29) 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). 30) 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 31) Metal halide lighting shall be used for all street, walkways, and parking garage lighting (Police Department). 32) 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). 33) 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" in height and shall be a different color than the color of the surface to which they are attached (Police Department). 34) 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). 35) Prior to the issuance of the first building permit, the applicant shall provide a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5" X 11" map format (Police Department). 36) Prior to issuance of the first Certificate of Occupancy for each phase, all mailbox locations P shall be approved by the Police Department (Police Department). 37) 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 Page 14 Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 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 (Police Department). 38) 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). 39) 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). 40) 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). 41) 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). • 42) 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). 43) 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). 44) 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). 45) 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). 46) 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). Page 15 is Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 Miscellaneous 47) 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). 48) At no time shall stacking of construction and /or service vehicles occur in a public right -of -way (Planning & Zoning). 49) 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 16 C� • Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 Page 17 d S ®� G`�� I9AI�DiJS r R� x sE;* a: .r�..*..�2iAa.�..v'�S�is'.��i E2 ;:'ak'y'`s•�N,•P•�`G';'v�i's..' ,.'` e�.d:P:�z i �J£.'fii�s.,fYYt ���i .L s�fyro-�.:+%Er%' r. '�ESY.e'1blt#4b_w'oA'•f�''`Cl 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 17 • • • Date Prepared: January 2, 2006 Meeting Date: January 10, 2006 Petition: SP -05 -01 f Page 18 Site Zoning = PCD/PO 240 Residential Condo units Yes Minimum Site Area: 6.6 Yes 11,000 Minimum Site Width: 590' Yes 100' Maximum Building Height: 140' No- waiver requested 45' Maximum Lot Coverage: 18.84% Yes r 35% Front Setback: 70' No — waiver requested 150' Rear Setback: 84' No — waiver requested 140' Side Street Setback: 40' No — waiver requested 140' Side Setback: 84' No — waiver requested 140' Minimum Parking Spaces: 534 Yes 534 Minimum Landscape Points: 21,520 points Yes 10,789 Minimum Required Open Space: 35% 35.05% Yes f Page 18 0 l'o 7,11,17.7 IT hljl� ® Aued-oo xa-dol—a w-W sul9pjeo atl /mo,?U/Hoa I �!v u vx lilt 0. ILI o S2 m 0 0. • 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; C, 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. • 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 #1 of 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 • 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 DAY OF MNP-r t-1 , 2002. ATTEST: = ; APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: _ CITY GLE °R . IT TO ATRNEY •3 • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Ta1a1/DRI- PCD- 00- 01- cc -res • • Prepared on: March 6, 2002 Resolution 81, 2001 AYE NAY ABSENT _1� otter•.. ! r 4 EXHIBIT A TO RESOLU'T'ION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 • 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 agreerhent 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 l and II 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 H and 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 Retail /Office/Hotel (1), Office/Hotel/Community 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 Mwmum Floor Space Allocations on Exhibit H and restated below are net exeeeded; 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. AIA, 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 May H and Exhibit C to Resolution 81 -2001. Conversions shall be limited to parcels identified on the DR1 Master Plan Exhibit H with a plus symbol ( " + "). 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 • Exhibit H with an unfilled asterisk svmbol " cfw " ) PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To Intensity R & D Office lsf. Retail 0.435 sf Hotel 1 room Retail 248.742 sf Business Office 1 sf. Retail 0.545 sf Hotel l room Business Office 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE MINIMUM MAXIMUM Neighborhood Commercial. 26,000s 26,000s Regional Retail.Restatuant, Cinema 1.440.000 sf 1,640,000s Office - Business 1,123,287s 1.210.000 sC Office - Research Servvice 73,440s f 235.200 sf Hotel 118 rooms/ 100,300 sf' 449 rooms/38L650 sf• Residential 1.813 du/1.813.000 sf 1.813 du/1.813,000 sfr TOTAL 4.576,027 sf 5.305.850 sf 'Square footage numbers are established as an estimate and may vary from actual development. Rootn/unit counts will be the actual determinate of the use for both Hotel and Residential categories. All conversions require approval of the City Cowtcil through the site plan 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 die City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. ,\ \Uds server\ VOLT\ COMMONVobt %RegimialCenlernRM7.12\do m&timlrevised022802.wpd LCC33 EXHIBIT B TO RESOLUTION 812001 • THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED 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 AlA. 4. Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). • \ \Uds_scrver \VOL 1 \ COMMON Uobs\Regiom]CenterDRM7.12W cighborhoodCommercialUses £022502.wpd LCC35 ' EXHIBIT C TO RESOLUTION 812001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS • Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: 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 seating, 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 \VOL1\ COMMONV obs\ RegionalCenterDRA27. 12 \RewilconversionExC.Reso81200 Lrevised.022802fwpd LCC33 • ��9.�-+ CD O. 0 0 CD ti CD P 00 Fes+ ~ N � O O o�' H� Oy an o� y� �O �C z n • a r9 e � d ro m a o _ v m z x � I x y N e ^ O n 3 * a n r a / o a z n * * * C': ** ** * * * * ** �3 3j m m I zr T� 1 O rn m y v, m a to rA --I WRCFIILD GARDENS AVE. GARDENS MALL �b ;54 r+ 0 t1i " 64 W 0 • 00 O O em oq • m • S6 ;5 j . . . . . . . . . . . . . . . ...... O Wd 3AIUa INVId 1103 "N'Dis3a N1JVd31V)1S 1V3S NVId 311S 03S C, Z CL w g�$ g$p � E CD i; W w H l V38 N01IN3130 cF -------- — — AE Igo - — — — — — — — — — k lie X\ Nil mh " V\ N yyy tu .. V38 N01IN3130 cF -------- — — AE Igo - — — — — — — — — — -� U;- 96y" k.: 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. • 46 Prepared: April 27, 2004 1 RESOLUTION 105 2004 2 3 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. • 46 k. 'Wn` k 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 •46 Association, Inc., and the Mall Residence Hotel LLC. 2 Date Prepared: April 27, 2004 Resolution 105, 2004 • 1 SECTION 5. This Resolution shall become effective immediately upon adoption. 2 3 4 PASSED AND ADOPTED this 1,7A* day of 7w—k , 2004. 5 6 7 CITY OF P 8 9 10 BY: G 11 12 ATTEST: 13 14 15 BY: 16 Patricia Snider, City Clerk 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 ' •23 BY: 24 Christine P. Tatum, City Attorney 25 26 27 28 S, FLORIDA Eric J, Iigl Mayor 29 VOTE: AYE NAY ABSENT 30 31 MAYOR JABLIN ✓ 32 33 VICE MAYOR RUSSO ✓ 34 35 COUNCILMEMBER CLARK ✓' 36 37 COUNCILMEMBER DELGADO _ 38 39 COUNCILMEMBER LEVY / 40 41 42 43 44 45 • 46 G: \attorney_share \RESOLUTIONS\mall residence hotel doa -reso 105 2004.doc 3 Date Prepared: September 6, 2005 40 - . RESOLUTION 120, 2005 3 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 3 petitions related to zoning and land development orders; and 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-111 LA Date Prepared: September 6, 2005 Resolution 120, 2005 WHEREAS, the City Council has considered the evidence and testimony presented by 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: GLEGAL 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 and no less than 2,600 seats, shall be included within the first 100,000 square feet to be built by the Applicant. No more than one building permit shall be V, Date Prepared: September 6, 2005 Resolution 120, 2005 U 3 issued for the entire project prior to issuance of a building permit for said theater. 46 Said theater shall be diligently constructed, without owner delay, until completion, 3 per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional 4 Center DRI. (Planning & Zoning, Building) 5 Downtown at the Gardens. The remaining two areas of the lake improvement 6 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 7 comply with Section 78 -262 of the City Code dealing with Art in Public Places. 8 The Applicant shall provide art on site or make a payment in lieu of art. The Art 9 in Public Places Committee shall review and make a recommendation to the City 10 Council on any proposed art on site. (Planning & Zoning) 11 or amendments thereto for the respective two properties. Any major modification 12 6-. The paFk improvements (FefeFFed to a6 the lake plaR) F8f8FeAGed heFein and 13 a#aGhed heFete as F=xh;bit "r." shall GOmmenGe PFiGF tO 9F simultaneously with the 14 15 2001 of the 39 , 16 between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the 41 cost sharing for the implementation and installation, of the lake plan. (Planning & 17 Zoning) 18 67. The applicant of the subject development shall have the sole responsibility of 19 implementing and installing the lake improvement plan as reflected in Exhibit "r" 20 of NG Reselu on the Lake Area Site Plan, dated September 9, 2005, and 21 prepared by Cotleur Hearing, attached hereto. Prior to the issuance of the first 22 Certificate of Occupancy, the that portion of the lake improvement plan ad'acent 23 to Downtown at the Gardens development_ and for which said development is U 3 responsible, as shown on the Lake Area Site Plan, shall be fully completed, and 40 all elements of said portion of the plan shall be installed, 26 Geuflsil. The pedestrian bridge and the performance stage on the west side of 27 the lake shall be completed no later than November 10, 2006, by the owner of 28 Downtown at the Gardens. The remaining two areas of the lake improvement 29 plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be 30 completed no later November 10, 2006, unless prior to that date the owner 31 transfers the responsibility for the improvements to the respective propert y 32 owners with frontage on Lake Victoria. In this event, the timing of the installation 33 of the respective portions of the plan shall be specified in the development orders 34 or amendments thereto for the respective two properties. Any major modification 35 to any element of the lake improvement plan must be approved by the City 36 Council. (Planning & Zoning) 37 38 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the 39 subject development shall obtain and provide the City with an agreement 40 between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the 41 cost sharing for the implementation and installation, of the lake plan. (Planning & 42 Zoning) 43 44 89. The Property Owners Association of the DRI shall be responsible for the 45 maintenance of all the park improvements and all elements of the lake plan. 46 (Planning & Zoning) U 3 Date Prepared: September 6, 2005 Resolution 120, 2005 0 948. Uses shall be limited to the list attached hereto as Exhibit "E." The Applicant 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 13.14. 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 1142. 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 12443. 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 areas inside building structures. (Planning & Zoning) 4 utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate AM at all times. 26 (Planning & Zoning) 27 28 13.14. 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 32 144. 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 1647. 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 17443. 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 4 areas inside building structures. (Planning & Zoning) 4 Date Prepared: September 6, 2005 Resolution 120, 2005 18-1-9. Within thirty (30) days of the effective date of this Resolution and subject to Planning and Zoning staffs approval, the Applicant shall provide revised floor 3 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 1920. 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 17 212. 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 40 be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) 26 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 7 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 9 City Engineer. (City Engineer) 5 e Date Prepared: September 6, 2005 Resolution 120, 2005 40 272-8. Prior to the issuance of the first building permit, the Applicant shall provide a 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) 5 6 2829. Prior to the issuance of the first building permit, the Applicant shall identify 7 handicap ramps on the plans at all applicable locations. The Applicant shall 8 provide ramp detail(s) meeting ADA and FDOT standards and identify the curb 9 ramp number from FDOT Index 304. (City Engineer) 10 11 2939. The Applicant shall maintain a minimum vertical height clearance of 13' 6" for 12 the covered drop -off areas and the entry arches to facilitate emergency vehicle 13 access. (Fire Department) 14 15 303. 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 is management system elements consistent with the Unit 19 Conceptual Permit 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 3233. 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 five (5) years. Said study shall be performed by an independent professional 46 traffic engineer mutually selected by the Applicant and City staff. The precise Date Prepared: September 6, 2005 Resolution 120, 2005 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 3436. 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 3637. 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 3748. 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) 0 49 7 �07� Date Prepared: September 6, 2005 Resolution 120, 2005 46 3940. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the 3 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 4041. 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 4440. The Applicant shall provide timer clock or photocell lighting for nighttime use 46 above or near entryways and all exits, including emergency exits. (Police) 26 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 Y2" 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 4748. All ATMs on site shall comply with Section 655.960 -965, Florida Statutes, 35 relating to ATMs. (Police) 36 37 4848. 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) 7 4 5054. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) 8 Date Prepared: September 6, 2005 Resolution 120, 2005 J 5152. All elevators shall be equipped with emergency two -way communication. (Police) 3 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 & is Zoning) 26 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 A1A, 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 60. The construction, operation, and /or maintenance of any elements of the subject li9 proiect shall not have any negative impacts on the existing drainage of surroundina areas. If. at anv time durina the Droiect develoDment it is determined J Date Prepared: September 6, 2005 Resolution 120, 2005 0 additional signs on Building D/E (facing north and southeast) two (2) additional 10 by the City that any of the surrounding areas are experiencing negative drainage 40- 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 4 manner acceptable to the City. (City Engineer) 5 6 61. 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(l)(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 2. Section 78 -153, Maximum Building Height, to allow for a height of 45 feet for two 406 (2) story buildings, 62 feet for the theater building, and 75 feet for the arch 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; afld 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 sions on -Building B/C (two (2) facing northeast and one (1) facing south); two (2) 0 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 40 Building I/J (facinq north).. 3 4 9. Section 78 -341, Intent, to allow for on- street parking along Victoria Gardens 5 SECTION 3. This site plan amendment approval shall be in compliance with the Drive. 6 29 ; 7 10. A waiver from Section 78 -285 of the City's Land Development Regulations to 8 31 permit seven (7) additional project identification signs located at four (4) different 9 32 buildings within the project, as depicted in the Master Signage Plan. 10 33 2. 11 11. A waiver from Section 78 -285 of the City's Land Development Regulations to 12 35 permit letter heights of Q2 66 inches for one (1) principal tenant sign for the 13 36 theater on the west elevation of the project.- and 42 inches for two (2) principal 14 37 tenant signs on the bridge connecting to the theatre building. 15 38 16 12. A waiver from Section 78- 315(b) of the City's Land Development Regulations to 17 40 permit more than nine (9) parking spaces between landscape islands in areas 18 41 along Alternate A -1 -A. .19 42 20 13. A waiver from Section 78- 313(e) of the City's Land Development Regulations to 21 44 permit less than 100% screening for service court areas from public view. 22 45 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 40 75% of the City's preferred plant list. 26 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 MaFGh10, 31 2-OW September 1, 2005, Sheet 1. 32 33 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003- September 12, 34 2005), Sheet 4 ( September 12, 2005), and Sheet 5 35 ( Few ed May 22, 2003 September 12, 2005). 36 37 3. Lake Area Site Plan, by Cotleur Hearing, revised May 22,2093 July 6,, 2005, 38 Sheets 6 and 6.1. 39 40 4. Site Details, by Cotleur Hearing, revised januaFy 28, 2003, September 12, 2005, 41 Sheet 7. 42 43 5. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised Apr" 14, 44 2-OW September 12, 2005, Sheets 14 and 15. 45 46 6. C',,,, ', -;Zia , t Clnnr Dlnn Clnnr Dlnnor C��o� � n }r � 11AI ncerie ,��,.,- 7 �Finnr Details t r Ea6t ParkiRg Garage, West Rairking Garage, r r 11 12 Date Prepared: September 6, 2005 Resolution 120, 2005 Second Level Floor Plan Bldqs. B/C and D/E Sheets A.2.13.2. and A2.132., Floor Plan Bldqs. G/H and I/J by JPRA Architects dated December 20, 2004, Exterior 3 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 ApF+I -10, 2093 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 JPRA Architects, dated NevembeF 15, 12 Jae -01, 2995, 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 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 Hearing, revised September 12, 2005, Sheets 8 and 0 9. 26 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 4 12 Date Prepared: September 6, 2005 Resolution 120, 2005' PASSED AND ADOPTED this o2/ day of - refremj qt , 2005• 3 4 CITY ORIDA 5 6 7 8 BY: 9 seph ft. WL sso, Mayor 10 ATTEST: % 11 12 13 14 BY: o, 15 Patricia Snider, CMC, City Clerk 16 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 BY: Christine P. Tatum, City Attorney , 26 27 28 29 VOTE: AYE , NAY ABSENT 30 ° 31 MAYOR RUSSO 32 33 VICE MAYOR JABLIN 34 35 COUNCILMEMBER LEVY' 36 37 COUNCILMEMBER VALECHE 38 39 COUNCILMEMBER BARNETT 40 41 42 43 44 45 46 109 \ \PbgsfileWttorney \attorney _share \RESOLUTIONS \downtown at the gardens • reso 120 2005.doc 13 n 1 0 • E III(( 0- e 53 Fd LO LA @ 00 0 Downtown At The Gardens fizz Cqmpan ale I Menin Oevelopment .......... 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 carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: • CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 3 • 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 -- OUASI- 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 • 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. 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 Mali 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 be attached to the NOPC. Dr. • CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7 is 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 DRL 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" (2nd 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 (2 "d 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. Ordinance 22, 2004 —Repealing rticle III of Chapter 70, Code of Ordinances, entitled "Parking, Stopping, and Standing" (2nd 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: U 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 1 I -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 • 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 discu_ Ling was adjourned at 10:50 p.m. • APPROVAL: ATTEST: • 130 VICE MAYOR RUSSO 1` M UNCILMEMBER DELGADO COUNCILMEMBER LEVY CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 10 •elk- PATRICIA SNIDER CITY CLERK- 0 • • PROJECT NARRATIVE Gardens Pointe /Parcel 27.09 Revised November 18, 2005 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 urban desian Urban Design Urban Planning Land Planning Landscape Architecture 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 216 condominiums within two towers, which are encircled by 24 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 these 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 at 137 feet. 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 Repi�11 *JT0IGDNS NOV 212005 pIANNING & ZONING DIV 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place G:Uobs \RegionalCenterDRl\Kotter \Parcel 27.09_Gardens PoimWpplication Info \projectnarrREV081905.wpd West Palm Beach, FL 33401 LCC35 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 • Gardens Pointe /Parcel 27.09 November 18, 2005 Page 2 • • Existing Zoning and Land Use Designations EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Vacant PCD RH TO THE NORTH: The Landmark - PCD RH 166 condominiums within three residential towers TO THE SOUTH: Viridian Office Complex and PCD MH Palm Beach Gardens Medical Pavilion TO THE EAST : The Gardens Mall PCD Retail TO THE WEST: Lake /Downtown at the PCD Retail 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 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 G:V obs \RegionalCenterDRAKolter\Parcel 27.09—Gardens Point \Application Info \projectnarrREV081905.wpd LCC35 • • d'. Gardens Pointe /Parcel 27.09 November 18, 2005 Page 3 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. SITE ANALYSIS: CONSISTENCY WITH THE CODE Gardens Pointe (Underlying Zone -RH) Use: PCD Code Comparison Proposed Compliance Waiver (RH) , Requested Min Lot Width 100 feet 420'+ yes Max Lot Coverage 35% 35% yes Max Building Height 45 feet 137 feet yes yes from 140 feet per Resolution from RH 105, 2004 resolution residential Min. Open Space 35 % 39.44% yes Setbacks /Separations (for structures closest to property lines) Front (S. Prop. Line) 30 feet, plus 1 foot for 70' to tower no yes for each foot over 2 stories 38' to town homes tower (142' to towers) (30' to town homes) Side Facing Street (E 20 feet, plus 1 foot for 40' to tower no yes for Prop Line) each foot over 2 stories 42' to town home tower (132' to towers) (20' to town homes) Side (W. Prop Line) 20 feet, plus 1 foot for 84' to tower no yes for each foot over 2 stories 23' to town home tower (132' to towers) (20' to town homes) Rear (N. Prop Line) 20 feet, plus 1 foot for 84' to tower no yes for each foot over 2 stories 39' to town home tower (132' to towers) (20' to town homes) Parking G:Uobs \RegionalCenterDRI\Kolter \Parcel 27.09—Gardens Poinl\Application Info \projec1narrREV081905.wpd LCC35 6.91 Gardens Pointe /Parcel 27.09 November 18, 2005 Page 4 SITE ANALYSIS: CONSISTENCY WITH THE CODE Gardens Pointe (Underlying Zone -RH) Use: PCiD Code Comparison Proposed Compliance Waiver (RH) Requested Number Required 1 space per bedroom 534 yes plus 5% of total for guest - 534 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 Landscaping Buffers 20' landscape strip along 20' along Fairchild Gardens yes r/w and 20' Kyoto Gardens Drive . Points 10,789.8 points 24,396.1 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 216 luxury high -rise residences with a maximum of 12 units per floor. These 140' towers are complimented by twenty -four (24) low rise townhouse and town home 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 1,619 to 2,637 square feet. The townhouses 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. 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. • G :\lobs\RegionalCenterDRI\Koller \Parcel 27.09_Gardens Point\Application Info \projectnarrREV081905.wpd LCC35 Gardens Pointe /Parcel 27.09 • November 18, 2005 Page 5 Landscape Plans Proposed landscape planting includes a wide variety of palms, live oaks, various tropical shrubs and groundcovers. The applicant is proposing 24,396 landscaping points, which is 226% of landscaping points requirement. Since the original submittal, 7,523 additional landscape points have been added to the site. The landscaping at the northwest comer of Fairchild Gardens Avenue and Kyoto Gardens Drive have 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 534 spaces and the applicant is providing 534 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. • G:Vobs \RegionalCenterDRI \Koller \Parcel 27.09_Gardens Point\Application Info \projectnarrREV081905.wpd LCC35 Gardens Pointe /Parcel 27.09 • November 18, 2005 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 70 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 42 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. SIDE The applicant would like to request a waiver from Section 78- 141 Residential Zoning district • G:Uobs\RegionalCenterDRl \Koller \Parcel 27.09 — Gardens Point\Application Info \projec1narrREV081905.wpd LCO5 Gardens Pointe /Parcel 27.09 • November 18, 2005 Page 7 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 DR] 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 relativelynew 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. REAR 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 84 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 ofbuilding 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 24,396.1 landscape points which more than doubles (226 %) 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 l 0 -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. As provided for in the code, the applicant is providing additional open space for all 419 reduced spaces in the garages and has provided this information on the site plan and on a graphic. 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: • G:Vobs \RegionalCenterDRI\Kolter \Parcel 27.09_Gardens Point\Applicadon Info \p rojectnarrREV081905.wpd LCC35 Gardens Pointe /Parcel 27.09 • November 18, 2005 Page 8 "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 91.5 footcandles 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 63 feet. There are two entrances off of Fairchild Gardens Avenue less than 100 feet. The main drive entrance has 74 feet of stacking and the north parking area has 63 feet of stacking. Stacking requirements are directly related to the traffic volumes of the entrance. The north parking lot only serves to 27 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 • G:Vobs \RegionalCenterDRI \Koller \Parcel 27.09_Gardens Point\Application Info \pro}ectnarrREV091905.wpd LCC35 Gardens Pointe /Parcel 27.09 November 18, 2005 Page 9 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 far in excess of the minimum landscape points. This is a typical waiver request and this request has been supported by City staff. G:Vobs \RegionalCenterDRf\Kolter \Parcel 27.09 Gardens PointWpplication Info \projectnarrREV081905.wpd LCC35 F' 0 /. NORTH TOWER GARDENS PO|NTE _ __txterior SF Models/Floor Models[Tower Bed/Bath Subtotal SF 2078 7 14546 2/2.5 A 2078 1 2683 2 18 2/3 48294 14546 2/2.5 NORTH TOWER TOVVNHON1ES SOUTH TOWER Model _�7xterior SF Models/Floor Subtotal S Bed/Bath Subtotal SF 2078 7 14546 2/2.5 A 2078 15570 2/2.5 7 14546 2/2.5 SOUTH TOWER Model Exfe—riorSF --M—odels/Floor —M—Odels/Tower —Bed/Bath Subtotal SF SOUTH TOWER TOVVNH0/NES - __txterior WOdel SF Models/Floor Subtotal S Bed/Bath A 2078 7 14546 2/2.5 15570 FREE STANDING TOWNHOMES Model Exterior SF Models per Flooj Subtotal S Bed/Bath FS 2595 6 15570 2/2.5 Total Square Feet 541218 ^This unit isa3 bedroom unit on floors 642in each tower (7floors) ��� . IN E N I N Menin Development December 1, 2005 Companies, Inc. Talal Benothman City of Palm Beach Gardens 10500 N. Military Trail Corporate nrfice Palm Beach Gardens, FL 33410 3501 PGA Boulevard Re: Gardens Pointe l Palm Be ach Gardens. Florida 1;410 g Pedestrian bridge to Downtown at the Gardens Pa Bc (" 561.282.5000 561.2825001 www.menindevelupment.com Dear Mr. Benothman: Enclosed you will find a sketch of our recommended location for the proposed Gardens Pointe pedestrian bridge for the Downtown Lake plan. We favor this location as it creates the shortest, and thus, the safest Realty Services, Inc. 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 318 House while rovidin soft bahk10 soft bank connection on the lake. Hollywood, Florida 33021 p g Ir 954.963.2255 954.963.2336 We hope staff will consider our recommendation as the most www.meninrealty.con, appropriate alignment for the bridge. Regards, Menin Design Croup, LLC Vrer 1 ' 3501 PGA Boulevard s ahrer, AIC spite 201 o Development & Cons truction Palm Beach Gardens, Florida 33410 evelopment Companies, Inc. 561.282.5000 ntown at the Gardens Associates LTD A 561.282.5001 www:menindesigngroup.com Encl: CITY OF PALM BCN OQNS Cc w /encl: Rob Jacoby IaIC is f uaU� Don Hearing PIANNIN G &ZONING DIV _TF ROOT BARRFER; IN ACCOR TREES AND PALMS AC c_ ON, _... .; •. FOR - E D OR P RAISED C EHICULAR USE AREAS. •�C S64 0.00T ��• s Is ALL AREAS SHALL BE FULL ^\ / - REACH GARDENS LDR'S. wou ALL SIDEWALKS SHALL BE -`��EW PROJECT ID SIGNS SHALL PROVO3m - ; \ - ALL BUILDING LIGHTING Al `1TEASEME7f('1.`` �y�' THE BUILDING, LANDSCAPI � y _• .. PRINCIPLES. EAST ING GARAGE r ..: -- TOTAL 681.0 IS TO ^ ` _ , � I � 0E AB/WDONET••'� S' X 15' SAFE SIGHT TRIAN6 "isssiss ���,_ �) r -' =.a-- _ THE PHOTOMETRIC PLAN F ° OF CITY OF PALM BEACH G _ a ,+� E Mn �� THE CONTRACTOR SHALL , VISIBILITY TO TRAFFIC COP ALL GARAGE ENTRANCES t 6 ACCORDANCE WITH THE LI R= 59.00 PROPOSED Er �`vI 6 =77 °11'48" concsA y Lan4 \ g. Iv a' L�79,60 — - 30.59 4k 3 _yam 1\_ \ I , \•• CE SERVICE ALL PLANT MATERIAL SHA t S 81 °39'48W O .1. o INDUSTRY'GRADES AND S \.- ` x THE LANDSCAPE CONTRAI N 09 °10'23'�ir. _ I ■ it ` r. • \ \ M1 .:.`I , 11_, / i i ja. o I AUTHORIZATION OF THE C FUTURE THE LANDSCAPE CONTRAI \ c DEVELOPMENT; ° i CONSTRUCTION AND AVOI A ' I ;I � .� OF ALL UNDERGROUND Ul 1- STORY M1 1 R= 149.00' a( m 1 =- r •`• -STORY ,.... 1 r 1'I =09 °38'10" F�E.:•.i /I`ra 1 �� ter-- -- -•-- -6 •t \� TREES SHALL BE POSITIOt ( 11 U Id L= 25.06' y j o —7 DEVELOPMENT REGULATI( � - i �+ ALL LANDSCAPE SHALL CC ak 6 ah ao 17-'' t I fir: {. _q$�65 68;h� // ALL ABOVE GROUNDUTILF PROPOSED vEOPS'rwary eruoGE FULLY SCREENED FROM V R= 301':60' �. �� / 11\ ) FOOT HIGHER THAN THE T. .... I . 9.89' PGU crjLAKE 1 v N 80 °04'54 "E i O� ALL TREES SHALL BE LOC) CLEARANCE TO THE EDGE i ��- ����iu R= 49.00' yI- -AST O: ' I i _ = 109 °56'51" { ROOT BARRIER SHALL BE F c WALEr L= 94.03' �i+c OR ADJACENT TOSIDEWAL � •w • _ 0 ROOT BARRIER, IN ACCOR[ • � Q Q t = 19 ° 6" a FOR TREES AND PALMS AD ol Y / r �% \ ._ /:. L�se.ea \: \ L= 18:8\2' _ / J \ d;: /' o.: ' 1 16.2' m SHADE TREES' SHALL BE N( - IS PROVIDED. NO SHADE TF R= 70.00 H� ' =94'2126". 5:4 28" PALM TREES SHALL BE NO /. , � ) _ _a, �, _..; � � Po /� �` ..,.• I � i' PROVIDED. NO SHADE TREE ALL SOD SHALL BE STENOT i / p - I 5, TREES WITHIN PLANTING IS I , ,• 7_�'! o' ; - !_ 2 - -�/ CONFLICTS WITH THE OVEF 2, J i TYPE D OR F RAISED CONCI VEHICULAR USE AREAS.' E TREE Y. I1 r • - '+. FEET. ZE ` l�l , . � ., -t: - - -SITE vlslelLaTY cc e 1 PLANTING ISLANDS WITHIN, j / ; / /''� w • LAKE FOREIGN MATERIALS TO A C USED TO REPLACE UNSUITA • it., R =26.001 / =109 °17'17" / EARTH BERMS SHALL NOT E { \, ',- 1 . • ,,�. � L= 49.5' /, (EARTH ROLL) 12' HIGHER TI ALL AREAS SHALL BE FULLY j'• : `I ': ,� ; °I ' .. r _ : _ . � �� { BEACH GARDENS AND THE F \ t� c w °�PROPERn eourvoanr / THE IRRIGATION SYSTEM SF AND SOD AREAS. is 1 b , q.. •: / \ \ r IF RE USE WATER IS UTILIZE PURPLE PRODUCTS PER FD R- 23.00' \ \ \� p =i•f2 °35'41" j i THE IRRIGATION SYSTEM SF I I STATE AND LOCAL REQUIRE L =58.75' ++-50 °14'18" I p THE LANDSCAPE CONTRACT R= 67.00' \ 3f P.F:A.E. p . I T� Pao \ ' N 30 °21'39 "E._ c, ` ti. 1.00' - �� F _ •ww �P,..... _ �\.'r ,.� �� O �� ` L= 13'.. i' -. PROPERTY OWNER ., � •�,; I \ 0 f°MENIN DEVELOPMENT COMPAP f:• °38'50" - - c 77 - m - - N -27, sovmwcE�3IbE 0' , I :�. ?:A 201 NORTH ORIDA WAY,I SUI JUPITER,`FLORIDA'334 H - '\ ��_` PARK �� MMm s EN ., w \I 1. 1 PHONE: 561-747-4883 /� S' 0 II J CONTACT: ROBERT JACOBY, Cl 1 -STORY j L= 30' 1 Gi�[�� / 11� / DEVELOPVEL P MENT C TION Anr Ori �� , _ +f - MENINDEVELOPMENTCOMPAP 201 NORTH US HIGHWAY 1, SUI' JUPITER, FLORIDA 33477 e+ PHONE: 561-747-4883 4 \\ CONTACT: ROBERT JACOBY, Cl AUTHORIZED AGENTS COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 a \/\ C. \ r •,,-�� / ; \ "'`:''( ' + + JUPITER, FLORIDA 33458 \✓ \ \ 1. \ �� L.I tES'r,tvrv+i�WE PHONE: 561-747-6336 CONTACT: DONALDSON HEARII, � g. , = + DESIGN ARCHITECT OLIVER, GLIDDEN & PARTNERS 1401 FORUM WAY, SUITE 100 \ \ + , c'+ WEST PALM BEACH, FL 33401 PHONE: 561 -684 -6890 \, CONTACT: MINDYHOMAN \ l \, , -` '+ OGP @OGPARCHITECTS.COM / )' 1 •j 1 r �ry - " + 'nom= ryi - +' ARCHITECT OF RECORD 1 `1't 1 ` h 7U0 Y ''' •'1''� ' PROffcTStGwwET1 , `11 �gah * +' 31 0NORTHWESTERNHWY TW. .1 49 ,� � ' ' SUITE 100 + FARMINGTON HILLS, MI 48334 -25 , , PHONE 246-737-0180 _ -- CONTACT: GREG TYSOWSKI --- - --- -- GTYSOWSKI @JPRA.COM Y ' + SU RVEYORS -' - - -- — 'y' �'� +' LANDMARK SURVEYING - -- -- i - (ia.00'(O7 r + 1850 FOREST HILL BOULEVARD,.' ^A + 'FLORIDA 31 _ -- - - -- - . �-- -- -- -- ---^-_ _ - --- ----- --'--- '- 110.00'(C) m ` ,- ,:' WEST PALM BEACH, F ` .- .. '_____ ^---___ ^-- ... -•- i 2 N _E E 661 968 - 0080...'., .-.... • M 2. S > M C) > MD W UNDO H z N - M 0 c 0 o3 3: N. 0 0 M cD D1�1 C 0 C) z x Z LD. n N 0 0 0 0 0 0 0 3 3 3 3 M m 0 3 3 co Noll 0 -0 K K Z > kkk"! k&8jjj k 0 —�ii 10 =. w o 9 0 0 0 3 1 0 N M M F w 0 0 :11 1,11 1,,. 1 ijilegill iiiiiij,Q 3 I III 1 11 if I I IIIIIII! T 101 � k^d�� �v��: u: �:tl� � =y =� � �::�: _o r* S 0 C) (n Z 0 w 0 D iffill Milli i i M D 11111, Ir M M I I fill 1 11 1111 1 fill 0 M 3 EY 3 c 3 2. I mill FF > CO 0 -0 0 3 M 0 M (D 3 0 ON 0 K z 'L @ 0 0 0 0 M w M CD 0 • 3 O> \100 a� -0 1h-Military- C) E 0 0 0 0 O v co >ON 0 M 0 LIA c 0 < CR > . rt. ,:o ail 0 M n CL 0 < 0 03 0 6 0 ; 0) SL 3 O> \100 a� -0 1h-Military- C) E 0 0 0 0 O v co lor—S 1- 11 Prosperity Farms Rd RMF7, T >ON 0 SI-0 LIA c 0 > . rt. ,:o ail 0 M CL 0 t e rma I A 6 0 ; 0) SL lor—S 1- 11 Prosperity Farms Rd RMF7, T ■ ■ Jor Projects City of Palm Beach Gardens PALM BEACH GARDENS A Signature City Letters under Project Number are the Initials for the Project Plannei P = Pending R = Returning for additional review "DRC = Development Review Committee LPA = Local Planning Agency BOD = Build Out Date See Attachment for Approved projects within the city 3,300 0 3,300 6,600 9,900 13,200 Feet Vumbering System does not indicate priority of Review Processing Important: The schedule listed below is Tentative. Please Contact Planning and Zoning to Confirm Schedule: 561 - 799 - 4243 Major Projects Concurrency Concurrency Certification DRC' DRC Certification Planning &Zoning City Council Concurrency Build out Date 4 Submittal Date (;) (Dec 31) 31 Central Park (P December 26, 2000 January 3, 2003 December 9, 2004 January 10, 2006 J H X1.06131.07) March 10, 2001 RCA,nmg lrom P DA to Owner. WCI lend uae change from kit 1, M XD/PUD Contact.-Tara-Lynn Patton; MXD Workshop 775 -2120 2005 Mixed Use Pro)ect85,000sq ft neghborhoodconnercial 1,5000 sgftoffbe, 200 multi- family units 38 Cirld,__ .:_; March 28,2003 April 18, 2005 May 13,2004 Se pie m ber 23, 2003 Nownlber6,2003 TB (Parcel 31.04 MXD) May 21,2003 LU chmgeMXDtoRH MXD to R11, PH 1wner: Gardens 96Umit, Land use chmgefromMXDk Public Hearing Rec to CC l"Readng Rif December 4, 2003 Contact: Urban Design June 18, 2003 June 28,2005 MXDto R11,p11 Studio; 366 -1100 Workshop 2ndReadng 10,000sgft0ffice,12,000sq Nowmber8,2005 December18,2003 ft Drugstore, 4,000 sgft Public MXD to R I,pll 2007 Bank, 15,000 sgft Restau- lief to CC 2nd Read rant 11,600sgftRetail, 252 Townhouse Units 43 iuVU you (% A6 , r,, December 9, 2004 JC Annexation September 22, 2005 lwmr: Hoa�nn Contact: Jennifier Morton, Land Design South, (561) 478 -8501 2008 71,650sgft, Neighborhood Commercbl, 18 duelling units, 13,050sgft Er"y- ment Center 45e November 8, 2005 BW W; , d Works hop Workshop (Parcel 27.09 owner Gardens)Point 1 Contact: UDS 366 -1100 Workshop 209 240 Mult4aritly units 47 Doubletree N, PUD BW Owner: E &J PROPERTIE Contact: UDS 366 -1100 Redesignate Commercial to Mixed Use PUD. 89,000 sq ft sell- storage building. two 7,500 sq-ft restaurants, and a 3,100 sq-ft bank 48 December 8, 2005 MS - )wrr_r Westtrooke Hor, Contact: Kin berly Glas- Castro, (561) 838 -4542 180 Tow nhouse units Source. Growth Management Department Palm Beach Gardens, FL Printed 11062006 $8 00 per copy Major Projects within the City of Palm Beach Gardens (Map Addition) Approved Projects are seen below Major Projects Area Usage (Square feet end Units) Ordinance /Resolution Build out Data 196,496 square feet Commercial A Parcel 4.0214.04 Donald Ross Village 9000 square feel Business Office Ordinance 53. 2002 December 31, 2007 156 Multifamily Dwelling Units B Southampton (Parcel 31.02) Residential Development: 245 2 and 3 Story Ordinance 14, 2005 December 31.2008 Townhouses Resolution 48. 2005 C Frenchman's R.— 530 Dwelling Units Ordinance 4. 2001 December 31, 2007 D San Melena 995 Apartments Resolution 50, 2001 December 31. 2004 E Harbour Oaks 225 Townhouses Resolution 81. 2003 December 31, 2009 26,000 square feet neighborhood F Downtown at the Gardens commercial 220.745 square feet retail /restaurant Resolution 91, 2003 December 31, 2009 67,690 square feel cinema 2 0.0 00 square feel professional office Parcel 12.04 MXD 25,000 square feel office G Banyan Troe PUD 5.000 square feet Restaurant Ordinance 41. 2001 December 31, 2006 Phase III 2,780 square feet Bank 450 mulldamily units H Gables el Nortli 200 single family units Ordinance 3. 2002 December 31, 2007 146 assisted living units ( Old Palm Golf Club 333 Single Family Units Ordinance 32. 2002 December 31, 2008 J Ba It School 50,203 square feet Private School Ordinance 16, 2002 December 31, 2007 K San Michele 90 single family Ordinance 4. 2000 December 31. 2004 19,375 square feet Business Office L Legends at the Gardens 19,375 square feel Neighborhood commercial Ordinance 7,2003 December 31, 2007 186 Multifamily units M The Landmark (Parcel 27.13) 166 Unit Condo Development Resolution 196, 2003 January 16, 2009 Retail Project: 57.036 square feel grocery store 42,689 square feet general store Ordinance 24, 2003 N Mirasol Walk (Parcel 30.02) 3,925 square gas station and last Resolution 168. 2003 December 31. 2007 afore square 10,000 feel Two Banks Q 105.000 act it Office and 15,000 sq fl Retail Resolution 194, 2003 December 31, 2007 Mirasol Town Square P Parcel 34 01 EAST Retail Project. 131.839 sq it Retail Building Resolution 135, 2004 December 31. 2006 Nora brake Square East PUD Q Legacy Place Commercial Mixed Use Development 69,000 SF office. Resolution 129, 2004 December 31. 2007 399.000 SF retail Mixed Use development 47,200 sq it Office R Gardena Elation M %D Space, 15.075 sq fl Commercial, 17.550 sq Resolution 217, 2104 December 31. 2007 11 Medical use. 2.500 sq it Financial use Ordinance 43, 2004 Mined use project: 150.000 sq. it of retail, Ordinance 44 44, 2004 S PGA Design Center (Parcel 58) 100,000 sq. fl. of office. and 50.000 sq, ft. of industrial Resonance 2014 December 31, 2007 T Pri oma (Parcel 318) Mined Use Project 249 multi- family units, Ordinance 39, 2004 December 31, 2007 220 single family units Resolution 196, 2004 Mixed -use protect. 225 residential units, 64,533 Sq it of Borland Center /Church. U Borland Centarili town) 64,025 Retail, 19950 sq it Restaurant. Ordinance 13. 2004 December 31. 2007 104900 sq it Professional Office Resolution 92.2004 Professional Office Buildings: V Hued Road Centre Building 1 1 story. 10.050 aq it Office Resolution 78, 2004 Building 2'. 2 story, 18. 232 sq it Office W University MRI Phase II— 9,455 sq it Medical Office Use Resolution 115, 2005 X Oek Park Office Condo Pb.—, 0 22,932 sq it Professional office space Ordinance 29, 2005 Resolution 114.2005 Ordinance 18.2005 Y �':, t- .,,'�....�..n '��r -•` 157.358 SF expansion. 20 acres Ordina ace 19. 2005 Resolution 83 2005 December 31, 2006 Resolution 84, 2005 Z The Pointe 150,000 aq If Profesaionel office Ordinance 37, 2005 December 31, 2008 Resolution 175, 2005 AA Frenchmen's Yacht Club 10.000 sq it Commercial. 260 Mulldermy Ordinance 32, 2005 Resolution 152, 2005 units Resolution 162, 2005 "GA Corporate Center (Parcel SA 240.000 sit ft of office and 600.000 sq ft. of Ortlinence 34. 2005 BB Bueimss Park PCDI industrial space. includes 42 000 sq fa of Resolution 166, 2005 December 31, 2008 AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JANUARY 10, 2006, AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: CHARLES WU • APPROVAL OF MINUTES: DECEMBER 13, 2005 PLANNING, ZONING AND APPEALS BOARD ReeWar Members: Craig Kunkle (Chair) Barry Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins • SWEARING IN OF ALL PARTIES • ELECTION OF OFFICERS Alternates_ Joy Hecht (let Alt.) Amir Kanel (2nd Alt.) Planning, Zoning and Appeals Board January 10, 2006 Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 1. Petition: PUDA- 054)9 -01: RCA Center PUD — Revisions to Approved Development Plans Public Hearing and Recommendation to City Council: A request by Mr. Jeffery P. Marshall, of RCA Center II of Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development (PUD) to allow for (1) a reallocation of square footage between certain buildings on site; (2) revised footprints and elevations of certain buildings to accommodate the changes in square footage; (3) the introduction of a parking structure; and (4) other minor changes to the site and landscape plans. The approximately 30.03 -acre RCA Center PUD is generally bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the east, the Gardens Station Mixed - Use PUD to the south, and RCA Boulevard to the west. Project Manager: Michael Sanchez, Planning Manager msanchez@pbgfLcom (799 -4241) Public Hearing and Recommendation to City Council: 2. Petition: LDR -05-06: Off -Site Mitigation Public Hearing and Recommendation to City Council: A City - initiated amendment to the City's Code of Ordinances by amending Chapter 78, "Land Development," Article V, "Supplementary Regulations," Division 5, "Natural Resources and Environmentally Significant Lands," relating to approval criteria for proposed land alternation, alternative forms of mitigation, and amending Article VIII, " Definitions." Project Manager: Mark Hendrickson, City Forester mhendrickson&bgfl.com (799 -4259) Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 3. 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). Project Manager: Brad Wiseman, Senior Planner bwiseman(a,pbgl.com (799 -4235) Pi Planning, Zoning and Appeals Board January 10, 2006 4. OLD BUSINESS 5. NEW BUSINESS 6. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than frve days prior to the proceeding, at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -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 1- 10- 06.doc 0 0 CCD L 0O�On 1. () Q0 AN\ 6 • in (Z) 9 ;0 -- ----- \ t AV \% 30 1102! 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M ANNA MI -' �1a R C 0 z 0 1'�I II i Overall f3uildincq Heicght 66'0" 0 �iilllllll�� - ��__ IIIC�I�111 •� ��I�; .I ICI ' : �■ i� ■■iii � I■v�■ ... ■.�u j �III�� III � N � It IIIIIIIIII�■ ■�■����■� MAIN= No No MEN MEN Em Em =Elm= VEI I NONE MAIN= =I i M ► = ► mmimi •' � P -� MEIN= .I ICI o architectural BUILDING #2 � = d «te^ r uweutu PARCEL 58 °`'"`A"W' J.rh.y d. Bapfwr z � uoo c.rrwr Fri hwn 1� n W ^ w eeneaiaa = o �r1 =� v m ^ w = a o �r1 n 0 v e PALM BEACH GARDENS, FLORIDA �wwr+.��w (6�U �7�•1lal n 5 m n 5 m i $ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I ME I I I I I I I I I I I I I I I � I I I I I I I I I I I I I I I I I I I I I I I I J.. 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""`DING - MAM°"° �.rrr.y d. eapawr PALM BEACH GARDENS, FLORIDA Wo (661)676 -1301 o { �p _ wf -� d I 4d d $ l I I i I � 9-0' 9 -0• e'•o' e' -0m' �.a. W.O. 94 °' I I I I7r D ' -e• I I i I I mN s a 9 I I I I I I I I I 4' N w -0 • eo I I I e'•o—{ e'-o• _ +' yr 7e'- d d d d 4 I I i I I I a 4 d I I I I I I I I I I I I I L t 0 0 7 jA 0 M Im a N FbF 1 I C 1W _ � � �— I � �• _- --, I I I I I I I I I ; i I I I I i I I I I I ; I I i I1_ p N p 0 v ,• 9 � -I I I I I i i I 'I i I I I I I I I � I I I i � 1 I - a H A p°edetfUAyre� I I I I I I I I sr I I I I I I I I I I ti bDeoA/ lI9G`t6�.II I IIn 4' ;u 7.7, .,. tJ 9'4 614 614 e4 94 7d49 I'-0' ' -0" 6' -0' b4 X-C 17'4 a d $ r i d d .ri �d R d $ d b 6 d d , d r d � d 4 7e q,wity r,.. L°r pud ip BUILDING C U% - u 77 PARCEL 5B D[VCLOIINO• eUILDIN0 MANAONO W.P.— W.. hln ll O,—. It "110 ° " "" "" ' " ' ° " " "' "" PALM BEACH GARDENS, Fl-ORIDA I C �I I I I 1 I I I I I I I W1- e 3 A.I l I iI D .I i w I I I (RAM _ ;;u O �1 Re ! � D O ,9r ! a I � I I I I I I I I I I I I i i I I I I I b _p � D• I 7e q,wity r,.. L°r pud ip BUILDING C U% - u 77 PARCEL 5B D[VCLOIINO• eUILDIN0 MANAONO W.P.— W.. hln ll O,—. It "110 ° " "" "" ' " ' ° " " "' "" PALM BEACH GARDENS, Fl-ORIDA I C �I I I I 1 I I I I I I I W1- e 3 A.I l I iI D .I i w T m U D tl lA D i ���� III -� ----- - - - - -- — II II I I I I I I I I < I 1 n I I I I � I I I � I I j II I I I I o D�-�__ y I I -- I I I I I I I I I I I I I I I I I I I I I I I I i I \ I I II I II I I I –_— - - -- -1 - - -- = I - - -- - - -- - -__ I I i i I I I I III I I I ii Ili I �� U I L V I N 11 !_ Cn go.Dq From Le. j—d Np ercruacw ei deele, � _ _ essocietae c g D 0 ��Ifr�a espoto, {r h'lacl 7 I PALM REACH GARDENS, EI ORIDA 1 AM GMlun. M.,, Mm I h o.ra... F. {{AI/ f IAN () {II -Ot1A (561) $2.4607 6N I D / p D �� U I L V I N 11 !_ Cn go.Dq From Le. j—d Np ercruacw ei deele, � _ _ essocietae I� T PARCEL 5B `J ELO►INO• IUILDING. MANAOINO ��Ifr�a espoto, {r h'lacl 7 I PALM REACH GARDENS, EI ORIDA 1 AM GMlun. M.,, Mm I h o.ra... F. {{AI/ f IAN () {II -Ot1A (561) $2.4607 6N . a�,vA rnN rw. / l \S� T' 0 1 11 ON; � ', N, I 0 0 N O m r m D Q z 110" IZ*-- CA ii iii 4-1 �m :D i m F- 71 < D _1 O w is m M D O z ®I ' 1 ■ I I .I I 1 YI 1 I 1 I �I I I #3 & 1111' 111, 1 1111/ Emil I���J Dili L�Jl�il�' ■-�i� ■I� dfC%11t■ICWrdI N ss ON �O 1 x N y m i�n 0s m m m U � 0(VLLO /M■ • /llll/IMO r M1M1 /IMO N ■��I■ �1 I �� I uoo auxam. wer. •nm e...n (.er•.. n n.lo �m :D i m F- 71 < D _1 O w is m M D O z ®I ' 1 ■ I I .I I 1 YI 1 I 1 I �I I I r m -T, U) Q M M F- M D 0 z I I I I I I I I I I I- I I I p I I �u i I I I i I I I I I I _ _ I I I I FIE _O 4z m rmo cl) F- 0 n #3 & 1111' 111, 1 1111/ Emil I���J Dili L�Jl�il�' ■-�i� ■I� dfC%11t■ICWrdI 4 PARCEL 5B ■ ■I-il� 0(VLLO /M■ • /llll/IMO r M1M1 /IMO j■rff■y d, espsty ■��I■ �1 I �� I uoo auxam. wer. •nm e...n (.er•.. n n.lo io1'�" PALM BEACH GARDENS, FLORIDA 0 " " " "' »' ' " " "'' "" " "••� -ELM - "°'°�% /w `.w pr�w,rlwur »•r !661)614.1381 ImMiE N11�� I�IVI�� ■.IIC ■�I.. �► I of �1 I r, I 1 NINE �I �I — I I■I�C��� 1 � ■�ii� �1' j .. 1 `■ �■■ ■Z �I I ■■E ■I� 1 ■111!I� _�� � �.� r m -T, U) Q M M F- M D 0 z I I I I I I I I I I I- I I I p I I �u i I I I i I I I I I I _ _ I I I I FIE _O 4z m rmo cl) F- 0 n BUILDING #3 & 1111' 111, 1 1111/ Emil I���J Dili L�Jl�il�' ■-�i� ■I� dfC%11t■ICWrdI PARCEL 5B ■ ■I-il� 0(VLLO /M■ • /llll/IMO r M1M1 /IMO j■rff■y d, espsty �I Z F uoo auxam. wer. •nm e...n (.er•.. n n.lo io1'�" PALM BEACH GARDENS, FLORIDA 0 " " " "' »' ' " " "'' "" " "••� -ELM - "°'°�% /w `.w pr�w,rlwur »•r !661)614.1381 ImMiE N11�� I�IVI�� BUILDING #3 & #4 IT qu.liq Nro tp• paunA dfC%11t■ICWrdI PARCEL 5B 0(VLLO /M■ • /llll/IMO r M1M1 /IMO j■rff■y d, espsty Z F uoo auxam. wer. •nm e...n (.er•.. n n.lo io1'�" PALM BEACH GARDENS, FLORIDA 0 " " " "' »' ' " " "'' "" " "••� -ELM - "°'°�% /w `.w pr�w,rlwur »•r !661)614.1381 A m N 0 1 N N IL J Q � Q I I I I I � I I - I I I _ I I I I I I I Q I I 4 I I I I I I I y I I M I I I I I I I I I I I 1 ^ F-_____y ______.__________ ____ t - - - - - - - - - - - - - -. - - _ - - - V I I I I ,70 I I I I F— I I i I 7 I I I I �7'� ,..N I I I I I I I I F- -------------------- -------------------- ____ --------------- -._ -__ I I 1 I O r 0 e -o z �— r c� C W C 0 l pu,u,y rr.ln e. g—d .p erchltecturel BUDDING #3 & #4 �= �T N 0 PARCEL 5S r -_ —.- = M "� l.� O> 6> x 7 I I 'I Z 0 �m A � m m v Ml n n n n of MEMO! LEMENSIONS l pu,u,y rr.ln e. g—d .p erchltecturel BUDDING #3 & #4 �= �T - - PARCEL 5S r -_ —.- = M l.� aevnorola. ewlol.a. -1-0 �rn�yd gep.tu 7 I uro C.-l— ." r.l. Nun O. ., It AMC PALM BEACH GARDENS, f LORIDA r,.u•uo,_. „. 4 � g ` "1 I I I D - i �_ - - • - - -_ —_ _------- - - - - - -- ----------------- -------- _ —_ —_ —_ — 4 L.. ' W; I I I I I a I I { I I 1 I J I I I I I I I - -------- - I I - - - -- — -------- - - - - -- I I 6 I I I - I — ------- - - - - -- I I i MEMO! LEMENSIONS l pu,u,y rr.ln e. g—d .p erchltecturel BUDDING #3 & #4 �= �T - - PARCEL 5S r -_ —.- = eeeocletee l.� aevnorola. ewlol.a. -1-0 �rn�yd gep.tu 7 I uro C.-l— ." r.l. Nun O. ., It AMC PALM BEACH GARDENS, f LORIDA r,.u•uo,_. „. MEMO! LEMENSIONS I I I I I I I I _____ -- ---------- I I I I I I I II I I I I I I I I I j I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I j I I I I I j I I I I I , I I I I I ____ ___ ___�-- _________ ______ II i II j II , j IJI I, I II I II I I IY I I, I jl I Ij I I I I � Z7 I II I II I j I I I II I II I i I I � I II I II I I I I I I I I i I I I I I I I � , lLODK I 14• pal{ R. %O'[ I /4' T 11 , � I I I j I I j I I I I I I I II I I j I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I --------------------J----------------------L-------------------- I I II I I �l _ ' ------------------ 0 I I lj 1 I I II I I I I III II II I I I I I I I I 1 I I I III I II I 1 I I I I I I I I I I I II I I I I I I I I I I I I II �I I I I II ,I I I I I I II I II I I I I' p II I u l I u I W j� ; j I ' I II cccrrcrrcc= car= rr ----I' - I II j i ; I I I II I I — I I � , I I I 1 I 1 I I I q � vv lip i i `�♦ ;I JL � I I i 1- E -- - -- - -- - ---- °--- - - -I j �\ BUILDING #3 & #4 l.�) c_ U) W ulur rrpm t6. II-I'd pp — = 1;; _ architectural architectural 0 m n S a id � I i prnoy a. eepsty 7 I DDpp cWNY.. w1ry, m Iwn bwMnr /A DD"�0 Dr,yllArcl PALM BEACH GARDENS, FLORIDA m m N ° " " "'' "'�' " " " " " ° "" v {TI BUILDING #3 & #4 l.�) c_ U) W ulur rrpm t6. II-I'd pp — = 1;; _ architectural architectural PARCEL 5B r- �. auoclatee I ucvnoriwo r a01LDIMC . w"e"aiac prnoy a. eepsty 7 I DDpp cWNY.. w1ry, m Iwn bwMnr /A DD"�0 Dr,yllArcl PALM BEACH GARDENS, FLORIDA n ° " " "'' "'�' " " " " " ° "" IN V � O � C� rn 0 0 Overall Puy olinq Neight 54' O" I ' ■ ■■ul ■INI ■■ ■■ 1 i ■ ■ ■N'. ■I ■I ■I ■��■■� �I ice\ r = �I �\ ► - "- �I Imo/ :: _ �I ■� I� —I �,_ ��, �:_ ____ liar �• =— �I r r .:- �I r r r :: :m r � � r _I_ r, I I \ r =__' _ z r r : -.'-I r ■ ■ ■■ ■INI ■i ■I ■ ■ ■ ■r r, 5. rI 5... 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V __ _ __ �E �\ I oob •III ii ai it = _ III k - ` jii = ICI r I � 4 �i ` ba .i..;; �I Imo/ �'__• III ICI ■ ■ ■ ■1' ■I ■I ■ ■ ■ ■■�• 0 c m m m2 "°�0 a Z60`+� x 1 ° ,(� m T 0 m d N m N L, l U I N G #b J� PARCEL 5B �� T 9N,uy hem Lh. pmune N +rCh9 OtWel u+oelet.e r gaaxaa�aa.� 0(VEWPV NO • IUILOINO . M•N•OINO 7 I 11ee CMeNr+r w.,, ..Yn rM 4rYM. rt J11�0 rd1L1Yt m�•LCrN "NM. PALM BEACH GARDENS, FLORIDA �� cNn .e1 —eee� dY (!U)NI - /DI �..rw ..Ir uw (N.IJ i�7 D6i r gaaxaa�aa.� ��LjQ�uLy�SEZqZq9� ��� my T VI I �� I ,� \� L Cn 9WIty_ - -V,.. the [routs up. alclitootlNal dnlgn PARCEL 5B ^^- uaocNto `J r 0[KlA /MIO • aUIlDINO r N�MIOINO ,JIfIr Iy d Os p.lUr ••nnln PALM BEACH GARDENS, FLORIDA Lu" arx.�r •o. rrin [.wli w.MM• n .ulo r.....w..r.. tw1 (561,'626-1.381 L Y O I END, b / 42 6i Yy / + 0 + O O a m m v. W r At -- -- - -- - --- -- — — I sr• tc•" r-r r ra I rc I ' • O§ it I I I r ra - I m -a 1/2' 4 q Z I 4 ' n $F iry CF / A / uy prr O OF `\ /O dy /• JYy pP VI I �� I ,� \� L Cn 9WIty_ - -V,.. the [routs up. alclitootlNal dnlgn PARCEL 5B ^^- uaocNto `J r 0[KlA /MIO • aUIlDINO r N�MIOINO ,JIfIr Iy d Os p.lUr ••nnln PALM BEACH GARDENS, FLORIDA Lu" arx.�r •o. rrin [.wli w.MM• n .ulo r.....w..r.. tw1 (561,'626-1.381 I END, Li �'ci5'� P jQrl /' v vA I I ♦ `v a, \ r V \ `" \ \\ op r r , ♦ / % / • / L y \ ♦ �b , 114' F'ER , N r"F /h^ PER Fr. 640I'E \ V ♦ A rh. --- - -rt -- I I'I I I I I • 1 I 9W 0 I I I I Il'I Z 1 I � 1 5 „ 'I \\ I \\ 1 /4" PER Fr. SLOPE I 1' 7 7 I \` I \ 1 I ,I 4 / ' ` \ / FIE Fl F7, 9-t" 1 /4' PER Fr. 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NORTH TOWER - NORTH and SOUTH ELEVATIONS SCALE: 1/16" = 1' -0" w D ' I GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Florida A0 Ar(hite(tural Group, Inc. 313 nORm NAMR DRIK SUIR 1400 WtST PAUL bum.. rLORIDA 33401 -4339 Voter: (301) 832 3399 rex: (301) 033 4828 __ O ZZR pS €yp �s 1 9 � D d O dy a I4 io �R K� 3� p A„ a A a s •� mm mA ° R1 1 n3c 'a b eie yV� � R R i a mull: :91. CU. III -- -- -- 11 =11 F I n Z L i q� B nfi � b V a �Q• S � �� R M e "I ii P W f P P u� j j O W Q . NORTH TOWER - NORTH and SOUTH ELEVATIONS SCALE: 1/16" = 1' -0" w D ' I GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Florida A0 Ar(hite(tural Group, Inc. 313 nORm NAMR DRIK SUIR 1400 WtST PAUL bum.. rLORIDA 33401 -4339 Voter: (301) 832 3399 rex: (301) 033 4828 __ i i t x 3 E-0 M r m D O z s� RA b n n o o s g p 4 a § 1 °ewaaSa�v6 v P � � m rn e� M D M r M D O z R IIIII ®� ®®I ®® qj I NORTH TOWER - EAST and WEST ELEVATIONS SCALE: 1/16 " = 1' -0" GARDENS POTA TE Parcel 27.09 Palm Beach Gardens, Florida ACI Architectural Group, Inc. 315 nORrn rLAOLtR DRIK SUM 1400 Wtsi PALA GtAoi. rLORIDA 33401 -4339 Voicm. (501) 832 5599 rmc (301) 055 4828 ___ fi S - SECOND FLOOR ARCHITECTURAL PLANS SCALE: 1/8"-1'-0" FREE STANDING TOWNHOME L> Ti �T r D3 GARDENS POTATTE Parcel 2 7.09 3 LK Palm Beach Gardens, Harida A(I Arkte-(tural Group, Inc 315 room rLAOLIP MINC, SUM 1400 WCST PALA MAM, rL021DA 33401-4339 Voilr 009 832 5)99 rox (501) M 4828 Z z z 0 0 0 C C C M M M (n C Cn 8 0 0 z z z -n n n 8 0 M -u F- r r z p —4a E-9 o b Q Q O R ra, L ;-.v FREE STANDING TOWNHOME L> Ti �T r D3 GARDENS POTATTE Parcel 2 7.09 3 LK Palm Beach Gardens, Harida A(I Arkte-(tural Group, Inc 315 room rLAOLIP MINC, SUM 1400 WCST PALA MAM, rL021DA 33401-4339 Voilr 009 832 5)99 rox (501) M 4828 I I 8N R D Z �1 ,\1 a a s M D U7 am r— m D O Z 1. r g S r O/ NORTH TOWER +LANDMARK TOWER — MASSING STUDY 117MIMM GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, 14Zorrida SCALE AS NOTED ACI Architectural Group, Inc. ? 515 MORM rLAOLER DRIVC SUITS 1400 W(ST PAU1 twti, MORIDA 33401-45)9 Voim. (301) 852 5599 — r. (501) 035 4828 S d N D W —n n bi GARDENS POINTE Parcel 27.09 Palm Beach Gardens, Florida ACI Ar(hite(turol Group, Inc. 515 IIOPTr1 rLAMP,, WIVC. SUIR 1400 MST PALA MAM. 'LORIDA 33401 -43)9 Vow (501) 832 5M rmc (501) 055 4828 N N .p C C 0 O O ccn m Cn m 8 8 D A� D Z J Z i I r• s a I I n -e' >5 �e• -- - -- — V i � It 5 IIHIM YR 6 4 ly I M. I MM S FREE STANDING TOWNHOMES - ROOF PLANS SCALE: 1/8 " °1' -0" N D W —n n bi GARDENS POINTE Parcel 27.09 Palm Beach Gardens, Florida ACI Ar(hite(turol Group, Inc. 515 IIOPTr1 rLAMP,, WIVC. SUIR 1400 MST PALA MAM. 'LORIDA 33401 -43)9 Vow (501) 832 5M rmc (501) 055 4828 7 I I I I I I i / I i ;x I f Ia - -- a tl b 0 �I .p• IT k Y 0 Q Q I I i I e. 'a / p. -- . - - - - -- ----- - - -- -- - _0 .— .— .— .— ._ - -. - -- 0— 4 Ifi L I LFjj —��6 p.� � Y_1�>'.p•1 U' gip' �N .)' /'.p• I � GARAGE + TOWNHOUSE SECOND LEVEL OVERALL FLOOR PLAN SCALE: 3/32 " -1' -0" �M1eQA � Z nA N GARDENS POINTE Parcel 27.09 7, Palm Beach Gardens, Florida m ACI Architectural Group, Inc. 313 rIORM rIAMP WK. SUITC 1400 WEST PAU1 MCI rLORIDA 33401 -43)9 vow. (501) 832 3399 rein (301) 055 4528 Lij. 0 GARDENS POI.TTTE Parcel 2% 09 59 Palm Beach Gardens, Flo,rzda ACI Arktr(turel Group, Inc. a. Sn noQrn rEAaua ERIK. Wirt woo WEST PAO RAM. 110210A 53401 -4559 Yolcr. (501) 852 5599 fax (501) 055 4228 III � ! I 1 I n • €«,I f ��� ..� iFfe 11iC , � 1111 M ■■ ■i: ! €iEilEii€ In ■ � Elii, Is € €f► 1 I �ml� Et■.. iifiHi€ :::: • ■■■■ �+ IEEIfIFit ..911 I ■Ia�IHI IE1�Ilii'Eiiliiiii. linic!!!lEht ■■ I ilEii � ■r itEEEFiiE. 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(501) 852 5599 fax (501) 055 4228 d 0 , - - - -- - �, -- - - - - -- - -- -- -------- -�: - -- IF s x U /- -- -- - -- --- — — — — — —o O E II S II IIII b � Did I 6 — ----- . —. - -- O mm y�i — I s< � � i ■ 1 I � 1 W — ■ - -- - --�, -- ! - -- -- - - C7 0- 11 -- --; �4 :j- - - I-- /_ _ � -. . -- -- �._. ■.O•. ! S -0' Y.E•` U.V• ' u�•!' y Yr/C i..� 1 T.iO' J.'.C•�.�_i• Ir.]• .0 GARAGE + TOWNHOUSE THIRD LEVEL OVERALL FLOOR PLAN SCALE: 3/32 " -1' -0" GARDENS POIAT= Parcel 2 7.09 Palm Beach Gardens, Florida X Architectural broup, Inc. 515 MOPTH (LAMP DPIK SUITC 1400 WEST PAL/1 6fA01, RONDA 55401 -4559 voi« (501) 852 5599 r� (501) 055 4828 oil j K I I g I O O O O O p 1 >�� III � Ij, -T LiL- 0 4 'r�• w n in R• .� a ,c � 6 I Fn u r i- '. N J ! g ti e _ ! 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Tf Tu!; O O O ISO O O O GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Hoi ida A(I Architectural Group, Inc. 315 MOM rIAOL[R DRK SUIR 1400 WtST PAM RAM, I LORIDA 33401 -4339 Voice: (501) 832 5599 rm: (501) 055 4828 R q - O o� • swp t- �ii&•,Ik ="�C Lt if �- 9 411pn�g I g I y II 4 if ff =7� I n` i 11 I® >n• � 1[�'A''ti � IIIII1<A rl�yAy I n I'illll' ifu n n . .i p =g -gill -n I II n u li =if�TI-1 rnJ4111 a ir1II- ,"IIInfiIIilTl yT�TNfti�f�il� u, l i ' " I` �" I\7 }' �D I I�l' O�IJ '�yllnlliyufl1111113J(SII.R�� �f�jyI II II�aA�a o _: Q 1�111�••" ��tl�ll II II II ,T i n�n.,.nn4 1F*�lf AII�''I --I II7� ?jj I Inllnl'��11jj�tli�71 �. J • ■M Y 1 TrII II 11 i 11 u u1-II II T'RR II -II II�11 11.9 i 1 �ll y II II II�II T- �- I( II. II >. it il-R it II =�WS�I �'RiL���I�1A81�1-llTII�R'U 14n'Q °�fl -ATfrn i�ft �, p• � � -� 4 °$� Tj� °y n L-y-II n u A A 1f R III., IRISH R—II,II=I�g—ll i Tf A�A u—n� .. • II -11 1 11 Ir R 7f�R "II R 11 11 II �• {, yll�ubl� y -I I- LI�(1._n u-11 I � fr�l I ' I {` �I°n q..n- Ir,?n•iy u..l! llal�II Awn n A ,�� ` ff *�- i�4�Lyu�lu4�RuTIIifyII -7f' n n.IT.f �: iinit. ® 0 - •g- o- �- n =y -g- I- gql[ -R -R A q�n nyA_I� �,oro •us+g � IgnyTy�n I nn7 -fr-fr �7f� ANT n �Dn�ff =II= LII�IIfr =`n� °u_IIi �A -fr 7 —�A�rA 'Rn. 11�It =1 y l II_II- 11- li -T -R �i "4 n Ir I O 0 �Il :.11'�ll�'IC�NVUTinly-- ,Rl�yuli 7lRT �iAAL. Tf Tu!; O O O ISO O O O GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Hoi ida A(I Architectural Group, Inc. 315 MOM rIAOL[R DRK SUIR 1400 WtST PAM RAM, I LORIDA 33401 -4339 Voice: (501) 832 5599 rm: (501) 055 4828 a r A IIIIIIIIIIIIIIIND O O O I I i i flr I oil I, IgiP::, IT i a F— _ ��I rte. I .... 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V Parcel 27.09 ' Palm Beach Gardens, Florida ACI Arktrcturol Group, Inc. dt • 4000100. sn noRrn ruaua Dmvc suirc 1400 W[ST PALA bum. rLORIDA 55401 -4359 Vora•: (501) 832 5599 For (501) 053 4828 N 7 SiiY t GARDENS POINTE A . V Parcel 27.09 ' Palm Beach Gardens, Florida ACI Arktrcturol Group, Inc. dt • 4000100. sn noRrn ruaua Dmvc suirc 1400 W[ST PALA bum. rLORIDA 55401 -4359 Vora•: (501) 832 5599 For (501) 053 4828 0 0 8 CPO) C C Z Z II � Z I Z'. 2 —r OI O O� M m 0 O O x OI z o� r 8 r 4 LL.( Z Z g q 9ii t° o ° 4d o Zcl - -- --NI • i I � Z — z , = — ---------- _ - _ F I 6 I �E aaS I I x u• r 1- FREE STANDING TOWNHOMES - GROUND FLOOR ARCHITECTURAL PLANS SCALE: 1/8 " =1' -0" � NJ GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Florida z ACI Architectural Group, Inc. 515 nORM rLAOLER DRIK SUIR 1400 NR51 PALE\ E[AQ1. FLORIDA 33401 -4339 Voi(c (501) 832 5599 fax: (501) 035 4828 0 9 0 r r r r c r r r r r r r r r r r r r c r r r e e r n o z Q r r r e r r r!r r r r�r : r r r r r °r C — [ f[ r C[ r [ C r r r r c[ c r r r r r[ r r[ f r 3 � r r r r r r r c r r c c r r r r r r r r r r r r r £ D r r r r [ r r r r[ r r c C c r [ r O a c o 9 O � e i r e r r 3r e[ r r yr r r t ry r Y r .y r C r C i Y Z n e r r r r r r r r r r r r r r r r r r r r r r r c c '^ U A c r r r r C f r r r r r r r r r r: r r r r C L[ r r r N c S i 5 ru N A D r i 7 [ r r Y r r r Y F •r t r r:[ r r[ r C f C D c r c r r r r r r r r. r r r r r r r r r r r r e r r r 2 r r r r r r r r r r r r r r r e r r r r r r r r� r r r r rWr< r r[ y[ r r r� r r r r i r W D) e r r r e r r r r r C r r r r C r C r r r r f r GP N r r r r r r r c r r r r r r c PT-r r r r e r r e r r r N x V D1 d r r r r r r r[ r r r r rkr r r r r r c r r r r j m 11 r r t r 9r r r r r r C r r j r r r r+ r N D ✓] r i r r r e it r r r r it r r c r r r r r d t r r r F r x r r r r r r r r r r r r r r r r e r r r r r r r e N N D r r [ r r r c r r r r r 6p'C r( r r r e r r r c r r r r ❑r r r r r j r r r r r ff r r L~ti rr, G O N c T c r c r } r r r r r r r r `r r r r r. r r r r r r r r r r r r r r r r e c r r r r r r r r r r r; r r r a r r r r r e r c r r r r r r r r t' r r r r jr r r r [# c r r r 4 r r r r I [[ r r r r (t r r r r;r r r< ror r r r r r r r c cn r r r r r r r r r r r r r r r r r r r r r r r r r r e r r c r r r r r r r r r r r r r r r r r r e e r r o o (y � i 4' �r r/ r r[ r [ r r r r r r r�r C r C �! [ r r f e r r r r r r r r c r r r r r c r rr r r r r r r r r r r o o h o err+ r( r r C r r r r r r r- C C r r r C r r r[ r m r r r r p r r r r jr r r r r![ r r r p r c r r q n c r r r r r r r r r r r r r c r r r r r r r c r r c � i n� 0 r r r r r r r r r r r r r c r r r r r r r e r r H r r r c r r r r r[ r r: r[ r r r r r c r r e r r r r c r I r r r r r r -r_�7�II c ' r r r r r r r r r IIL�'-- r r r e i r r r u: r c r r r e r r C r Y r r r r It r r r r r r r r r r r r r I r r r r r r r r r r r[ r r L r r r r r r r r r r m r r r r r r r I r r r C� f r r: C r r r r§ °Y r r r r r r r r r r r r r rrr r r r� e r r r r r ee r r r r rr r r e i r r r r c c r r e c r r c r c r e r r c r r r r e r i I r r r r r r r r r r r r r r r r r r r c r r r r r I e r r r r r r r [,r r r r rl r r r r[ r r r r 6 r r r rIIr r r r r I r r r e rgr r r r cl r e e r r r r r e r e r r r r r r r r r r r r r e r e r r r z v P T ID N J GARAGE THIRD LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " =1' -0" GAPLDENS POINTE o Parcel 2 7.09 Palm Beach Gardens, Florida ACI AukirPCturol Group, Inc. 515 I102Tr1 rLAOLEP DRIVE. SUITE 1400 ° W(ST PALr1 bum, rLOPIDA 33401-4339 Voar. (501) 832 5)99 fax (501) 053 4828 n o z Q O C � n £ A 9 O � A c c c S i 5 an' A N c 2 W D) GP N •� N x V D1 d UI j m � N D ✓] x 3 C N 3 v P T ID N J GARAGE THIRD LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " =1' -0" GAPLDENS POINTE o Parcel 2 7.09 Palm Beach Gardens, Florida ACI AukirPCturol Group, Inc. 515 I102Tr1 rLAOLEP DRIVE. SUITE 1400 ° W(ST PALr1 bum, rLOPIDA 33401-4339 Voar. (501) 832 5)99 fax (501) 053 4828 0 0 0 r r r r r r r r r r e r c r r r r r r r r r r r r r r e r r r 4 r e r t r r r r[ Ffr r e r r,e r r r r r r r ! r r( e c r Ffr r r` r r r• r` r c r r r r t e r a r r r r "c r r r r "r e r r r r r r r r r r r r r r r r r r e e r r r r r r r r r c r r r r r r r c r r r r r r r r r r r r [ F �r r r r f r e r r F, r r r l r r r F Ir a r r r if r r er r e: r- r r r r i r r r r t r r r r 3' r r r r pC r r r r r r r r r r r r r r e r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 1 r r r r r( e e e r r[ r r f Q' r r r e r r r �[ r =r r r r r-: r r r r r r r r r r r r tr r e r. =e r C f r e r l e r r r e e r r r r r r e c e r e e r r r r r r r r r r r r r r c r� ( r r r r r r r r r e if r r r !� r r r r ri r r r r r r r r r Cr r C ;/P r r r (• C r a r l r ---_� r r r S r c e r •r r e r r r e r r r r r r r r r r( r r r r r r r e r�r r r e e r r r r r r r r f e r r r r r r r r e r r r r I r r r r r r r r r r rJl r r r r r r r r r r r r r r r r i ♦1r r r r r r r r r `1 r r r r r r r r Ir r r r r r r e tr r r r t e r r r r r r r r r r r r r r r r r r r r r r r r r r r e r r r r r r r r r r r r r r r r r r r r r r c r r r f: r r F C r r ❑ r r r r r r r r r ,( r r jr r r r (1 ( r r r r n r r f[ r a (Cf r r r r e r e r r r r r r e r r r r c r r r r r r r r r r r r r r c e r r r r r e e e r e e r r e e r r r r r r r —r-- rr--e' r r r : r r r r r C1r r r r r,f r r[ f r r[ r r r r r r r F, r rnr r r r e r r r r r r r t r r r r r r r r, r r e e r r r r e r c r r e r e r r r r r r r r r r r r r r r r r r e r e r r r r r r r r r r r r r r r e e r r r r r! r r r r r r r r r c r r r . r r r r f �f r r r C!f r r r r r r r r c r r r r r (! r r f r r r r r r r r r r r r r r r r e r r r r r e [ T r[ e[ r[ r r C r r C r r r r[ r r r r( e r r r lr r r r f j r r r r f r r r e f[ r r r r r! r[ pr r r rt r r r r r c r r f r r r r r r r r e r r r r r c r r r r r r r r r c r r r r c r r r r r r r r r r r r r r r , r r r, r r r r r r r r e e r r r r r r e r r e( r r r r r r r r r r r r r rt e t it r r r F F r f III- f— ,r- "r.'�7 r r r fj r r e f t r C t f r r C Ct [ r r C�!I r r r T r C r f nr r r e e r r r r r r r r (tr /�TT r r r r r r r r r r r r e e r r r r r r F f r r r CJ e r r r r c r e r r r r r r: f JJ r r e e F r r! p C r e r r< r r r f �( r r r rl r r r r F r r r r c r r e r r r r r r r r r e r r "r r rrr r r r `r r r r r" r r r r r r r r r r r r r r e r r r e r r r e r r r I r r r r r, c r r r e r r r r r r r r". r r r e r r If r r r rI ! r r r g r e e r I r e r r f r e r r 1 r eye r r r fyr r e: E r r r r t r r r r jr r e r r_ r r r r r r r r r r r r e r r r r r c r e c r r c r 3 00 li O — P 3 ^ q Ao' O o O q !1 Z— N N N p t-i ry � n v rn r N J S S � r r $ m 8 8 N ey 0` ID 0 N GARAGE SECOND LEVEL OVERALL PHOTOMETHC PLAN SCALE: 1116' =1' -0° G�DENS POINTE Parcel 27.09 3 Palm Beach Gardens, FZorida ACI Ar(hitr(turol Group, Inc. a uaoona 313 norm rLAauR DRIVt, sulrt uoo WtST PAVi D(A(n, rIORIDA 33401 -4339 Vuhr (301) 8)2 )399 f„t 001) 033 4628 = n 0 i^ A C 2 d Q — 1 n v 'o A n n v N � o O m � m in g m P W ry D O 5 N � k Z J ey 0` ID 0 N GARAGE SECOND LEVEL OVERALL PHOTOMETHC PLAN SCALE: 1116' =1' -0° G�DENS POINTE Parcel 27.09 3 Palm Beach Gardens, FZorida ACI Ar(hitr(turol Group, Inc. a uaoona 313 norm rLAauR DRIVt, sulrt uoo WtST PAVi D(A(n, rIORIDA 33401 -4339 Vuhr (301) 8)2 )399 f„t 001) 033 4628 r r r r r r r r r e e r r C r r C e r e r r e r r r e r r ,r r r r( �( a r r r0 r r r r c r r r r{ r r r r r( /T [ c r r. F r r r r.9 r c r r f1 r r r r l�tl r r r r r o r r r r r r c r r r'r r r r d c r r r F r r r r r r r e r r r r r r r r r c r r e r r r r r r r r s r r r r r r r r r r r r r r: r r r r r r r r; r [ r r r r r r r f( r r r T i r r r r r r r r+ r r }: r r r y r e r ryr r e e re r r r r r r r C( e e r r r r e r e r r r r r r c e r r r r r e e r e r r r r r r r r r r e e r e r r r e e e r e r e e e e r r r ep r< r f e r r r ii t r r: rll r r r r (I r r r r r r j r r a f r e r r f r r rJC e r r r r r r r r: r e r r cr r e r e'r r r r r' r r r r` r r r r 7 e r r r r r c r r r r r r r r f r r r r r r r r r r r r r r r r r r r r r r[ . r r f r r c r r r - / r C r f r r r[ r1 r r f7r r r r r r r[ r( r r e r r e r r r r e r e r r r r r r r e r r e r r e r r r r e r r r r e r r'r r r e e e r r e r r r r e r r r t r. r r r r C t c r r rp r r r r[ r r r r r r r r r!r r rj r: r f ® r r r r r e r= f r r= r t e e r e r e e i C r e e C r c r r. r r r r r r C r r r e r r r r r r r r r c r r r-Tv r r e e r r r r r r r r r r e r r c { [( r= r c r t r r r r r [ l r f h r f C e e r r r r e r r r e e r r r r r e r r rC r r• p r r r r e f; r fV r5 ft r fE * [ r r r r c�r r e r r r r•f r r r r e r r r r r e,r r r r e r r r r r r e r c c r r r r r r e r r r r r r r r r r r e r jr c (1( r r r r r r e r y f r r r r r e r e r e r r r. r r r r r r r r e e t r C f C f C f r b c r r r r r X r r r r r r r r ;r r r r r r r r •r r r r (II r r r r r r r fir r r r r r r r r e e r,r e r r r r r r r r r c e r c c r r r c r r r r r r r r r r r r r r c r r r r c r r - r r r[ r r r r r r r r e fir r r r r r r r -r r r r r e V 0 5 � O O m3 _ A Ci n n D � m A O 4 N N —1 ti C D o 4� Q N � A !n I U Cr U � J r m m � a — o m s S 8 N m P N N GARAGE GROUND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" cn �$ I r DD GARDENS POINTE 'rr.2 Parcel 27.09 Palm Beach Gardens, Flarida r ACI Architectural Group, Inc. 515 r102Tr1 rLAMP DP.IYC. SUITE 1400 WCST PAL,\ SCAM, rLOPIDA 33401 -4339 Von[. 001) 832 5)99 ra 001) 0)) 4828 r w n o s A L O n 0 1 i In § N N b U V N 2 C1 W D m P N O S 3 I N m i s P N N GARAGE GROUND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" cn �$ I r DD GARDENS POINTE 'rr.2 Parcel 27.09 Palm Beach Gardens, Flarida r ACI Architectural Group, Inc. 515 r102Tr1 rLAMP DP.IYC. SUITE 1400 WCST PAL,\ SCAM, rLOPIDA 33401 -4339 Von[. 001) 832 5)99 ra 001) 0)) 4828 • r, �n r. h r ran b� k fl P, n f C r r[ r r r C r.T r G r r G C C r C r r y C. r r r C r r C r r f r rp r r r r r r r 261 r r r r r r r r r r r r [ r r r r c r r r r r r r r c r r r r r r r r r r iP r r r r r r c [ r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r [ C r r r r c c c SITE PHOTOMETRIC PLAN SCALE: 1 "- 30' -0" GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Florida ACI Architr(turel Group, Inc. 515 (IOPTl1 TtAGLCP DPK, SUM 1400 WZST PAV\ bimm. rLOPIDA 55401 -4359 Vour (501) 8)2 5)9 1ex (501) 055 4828 _ r r c r r r r c r r r r r r, nr <• Or r r r C P r r r r r r r r r r r !r yx r r r r r r c r r r r r r r c r r r r r r r r r r c r r r r r r r r r c r r c r r r r r r r r r r r r r r r r r r r e r r r,6 r r r r r r 5r c r r r r r f r r r r r c r r r r r r r r r r r r r r r r r r r r e r r [ r r r r r r r e r r r C tic r c r r r r r r r r r •, r c r c r r & r r r r r c r r r I r r r r r r r r r r 'O r r d. r r r r r r r r r r r r r c c r r r r r r i r r r r r r r r r c c r r r r r r r r Sr r r r c r e •:p r r r K r y r c . e r r e r r( r r r r r r r r r r r r r r r r r r 1 pr e r r r r r yPC' r r r n 6 r[ c c c r f r r r r r r r r r r c r c c c r r 6 r r r c r c c d r c r K r S c C r- r r r [ r r r r r r r r r e r r r r r r r r r r r r r r r r sp r r r r 261 r r r r r r r r r r r r [ r r r r c r r r r r r r r c r r r r r r r r r r iP r r r r r r c [ r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r [ C r r r r c c c SITE PHOTOMETRIC PLAN SCALE: 1 "- 30' -0" GARDENS POINTE Parcel 2 7.09 Palm Beach Gardens, Florida ACI Architr(turel Group, Inc. 515 (IOPTl1 TtAGLCP DPK, SUM 1400 WZST PAV\ bimm. rLOPIDA 55401 -4359 Vour (501) 8)2 5)9 1ex (501) 055 4828 _ I 'I e E • • • $6��P L ACI Architectural 6rou Inc. GARDENS POINTE ; �. ap S15 noern ruauR DRIVE. sulrE I400 Parcel 27.09 WEST PALA CEAM, EIORIDA 33401 -4))9 Palm Beach Gardens, FZorida z Vox, 001) 83 5 _ 11 A 3 O 3 T ci 0 Z n P w N 1 i o 9 r _ N D n t R o' .D N a er n A a [Zi � n � m n i 3 d 8 � m m N x n N _ i _ F � m m 819 m d A O� N N �n A Z E f r r e f r f r C C Y r r e r: C r r r e (�F0 r r r r e r r r r r t -r r r r! r r e r[ r e r e c r r r r r r r e r -r r r c r r c r r r r r r r r r r r r r r[ [ e F} r r r (. r G f[ r. r. r r r r r r r[ r r r r r r.., f r r c c r r r r r r r r r r c r c r r r r r r r r r r r r r e r i c r c• r r r r r r C< e e e r r r r r r r r r r r r Y r r r e 9 t r r r0 r r r e r r r r r r r r r. r r r C - r t }? r r C E� ? r [y - r e r. r rte. 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KOWA 33401 -4339 Your (701) 832 7799 ru (701) 057 4828 _ n n i c 0 z nn r' o- o i e i i 9 a C a v o `m — C — C n A 2 v v UI N UI N N N N N W La O W Vb O 3 P W W c o N N r N x i o 9 r _ N D n t R o' .D N a er n A a [Zi � n � m n i 3 d 8 � m m N x n N _ i _ F � m m 819 m d A O� N N �n A Z E f r r e f r f r C C Y r r e r: C r r r e (�F0 r r r r e r r r r r t -r r r r! r r e r[ r e r e c r r r r r r r e r -r r r c r r c r r r r r r r r r r r r r r[ [ e F} r r r (. r G f[ r. r. r r r r r r r[ r r r r r r.., f r r c c r r r r r r r r r r c r c r r r r r r r r r r r r r e r i c r c• r r r r r r C< e e e r r r r r r r r r r r r Y r r r e 9 t r r r0 r r r e r r r r r r r r r. r r r C - r t }? r r C E� ? r [y - r e r. r rte. 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G r r r r f e r r r r. r: C r r r r c r r r r r e r r+ c r r f r e r ri p r [r r. r 1 r.. r =r r. r e r r r r e r r r c e v r r c f: r r r r r c r c r r r r:: e C G' P: C f r•, r r r rE r r r r r!'( p r• �j r f r F( i f( sl r r r r e r v zr r c e e c v e r r r r- m e r e - r r r e e e r r e e e r e r f c r e r e e r r r: c r r r C i r r r C r r r r f Y r r e r r e r r (r r r rlrrr.r e r1[fr rrr tg f r r rev r: r e e r r r- r e e r r r r r r c.. - r, r r r r r r c f r t. r F` f r C r[ L S r r r r c f e e r r c• e r e r r e r e r c ri r r r r e Y, e r f r r f e e C e C r r: F. r r r e r• r ( ( - (Jr i C [ - ( r r r i r GARAGE SECOND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" Z Y iii j I, i GARDENS POINIE o Parcel 27.09 25 if .Palm Beach Gardens, Florida K ACI Ar(hite(tural Group, Inc. 51) nORTm rLAGLU DOW SUIT( 1400 MT PALA buem. KOWA 33401 -4339 Your (701) 832 7799 ru (701) 057 4828 _ i M 3 Ll A tj z M z c ti s Q A H N D o i i N I o o r m m m n � r g r r m m s N N ro • 1r r r : r r r r r r r1 F r r Ir r r r r r I r r r r r r r r r e r r r C r r[ f r r r r r it r r e9 r ra r r or r r i} r r r Y r r t r r' f r F'C c! 'r r r r r r r r r e f r r e r[ e r r r r r f r r r 1 r r r rpp r r1 F r r r f f pp f�� r r r r r r IC r r C }[ f p r r1 r i f if r P i r r j r r r, a r r r Y r r t r r' r r r r r r 'r r r r r r r r r r r, r r r r e r.., e r r r r r r r r r r r r r r r r r r r r r r r r r c r f [ c r} r r i r f 1 r r r If r r( r r I r r�r r r rY r r 1 r r'r r r ` r r r'r r r t r c °r r r r r.., r r r r, r r e r e r r r r e r e r c r r r r f r r r C r r r r r r r f r r r r r r r r r = rir r r rIr r rir r r k r r I r r d r r fit r r r Y r f d r C' r r ri�.-r 'r f f t r[ r r r r r r r r c r r e r r r r r r r r r r IrrIfFdfr Y r f r r r r r r r }rrrrrY r r t r e r c r r r r r r r r r r r r r r k r r I r. r dr = :r r r ► r r r r r r r r G C f C r f r r r r r r r r r s' rjf f = r i r r!r r rir r r r r j r rir r t. rqq t C r r t t t° r! r'[ r C 'r r f� r r ri r r rI[ r r e r r r g, r r r r r c r c r s r r f f r r C r r r f r r r r r r r r f r r I ; r r r r r r1 r r r Jr r r k r r i r F d r r e r r r t r r° f r c r r r r r r r r r r r r r r r c r r r r f G r r r r r r r r r r (p) r r r: r r r r r r r r r c r r r r r r r r r r„` r c drrrr }r rirrjr Jrrr rrIfrrrr r r r r f 7 f r( r r' f 'r r r? r r C r C: r e r c r r r r r r r r r r r r r r r r r r r r c r r r r r r c r f r r r r r f r c r F r r r r d e r r r j r r j r Or �f r r i r r j r r r r r l r r r f 7 f f f Y r r f r f e r e r r r r r r c r r r r r r[ r r r c c r c y r r r r f r r r r r f c r rr C (If r 'r r r Y r r f r [ r r r r r r r r r r r r r r r r r r r e r r r r E lr r r r r r r r f c r r f} C r j r CIf l rje r r j r rj r r r r r r r r[ r' r r r'r r r Y f r f r C r r f r r e, r r r.. e. r r r r r r r r r r r r r r r r r r F r r f r r r r e E r j r rjr r ry r r} r r I r r r r GARAGE GROUND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" I GARDENS POINTE Parcel 27.09 Palm Beach Gardens, Florida A0 Architectural Group, Inc. 313 r10PM rLAMP DQIYr, SUIT[ 14 MST PAn NAM, rLOPIDA 33401 -4339 Voter. 001) 832 3,199 (ax: (301) 055 4828 _ � � P C T 4 � a_ n P 9 J N o LA i o q rl N � I 0 A @ 1 C @ N W N m O UI Ix LO j� P W a ix W w N N D {J N m x 5 U N P b N Ix S S s Q A H N D o i i N I o o r m m m n � r g r r m m s N N ro • 1r r r : r r r r r r r1 F r r Ir r r r r r I r r r r r r r r r e r r r C r r[ f r r r r r it r r e9 r ra r r or r r i} r r r Y r r t r r' f r F'C c! 'r r r r r r r r r e f r r e r[ e r r r r r f r r r 1 r r r rpp r r1 F r r r f f pp f�� r r r r r r IC r r C }[ f p r r1 r i f if r P i r r j r r r, a r r r Y r r t r r' r r r r r r 'r r r r r r r r r r r, r r r r e r.., e r r r r r r r r r r r r r r r r r r r r r r r r r c r f [ c r} r r i r f 1 r r r If r r( r r I r r�r r r rY r r 1 r r'r r r ` r r r'r r r t r c °r r r r r.., r r r r, r r e r e r r r r e r e r c r r r r f r r r C r r r r r r r f r r r r r r r r r = rir r r rIr r rir r r k r r I r r d r r fit r r r Y r f d r C' r r ri�.-r 'r f f t r[ r r r r r r r r c r r e r r r r r r r r r r IrrIfFdfr Y r f r r r r r r r }rrrrrY r r t r e r c r r r r r r r r r r r r r r k r r I r. r dr = :r r r ► r r r r r r r r G C f C r f r r r r r r r r r s' rjf f = r i r r!r r rir r r r r j r rir r t. rqq t C r r t t t° r! r'[ r C 'r r f� r r ri r r rI[ r r e r r r g, r r r r r c r c r s r r f f r r C r r r f r r r r r r r r f r r I ; r r r r r r1 r r r Jr r r k r r i r F d r r e r r r t r r° f r c r r r r r r r r r r r r r r r c r r r r f G r r r r r r r r r r (p) r r r: r r r r r r r r r c r r r r r r r r r r„` r c drrrr }r rirrjr Jrrr rrIfrrrr r r r r f 7 f r( r r' f 'r r r? r r C r C: r e r c r r r r r r r r r r r r r r r r r r r r c r r r r r r c r f r r r r r f r c r F r r r r d e r r r j r r j r Or �f r r i r r j r r r r r l r r r f 7 f f f Y r r f r f e r e r r r r r r c r r r r r r[ r r r c c r c y r r r r f r r r r r f c r rr C (If r 'r r r Y r r f r [ r r r r r r r r r r r r r r r r r r r e r r r r E lr r r r r r r r f c r r f} C r j r CIf l rje r r j r rj r r r r r r r r[ r' r r r'r r r Y f r f r C r r f r r e, r r r.. e. r r r r r r r r r r r r r r r r r r F r r f r r r r e E r j r rjr r ry r r} r r I r r r r GARAGE GROUND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" I GARDENS POINTE Parcel 27.09 Palm Beach Gardens, Florida A0 Architectural Group, Inc. 313 r10PM rLAMP DQIYr, SUIT[ 14 MST PAn NAM, rLOPIDA 33401 -4339 Voter. 001) 832 3,199 (ax: (301) 055 4828 _ � � P C T 4 � a_ n ID 9 J N o LA s Q A H N D o i i N I o o r m m m n � r g r r m m s N N ro • 1r r r : r r r r r r r1 F r r Ir r r r r r I r r r r r r r r r e r r r C r r[ f r r r r r it r r e9 r ra r r or r r i} r r r Y r r t r r' f r F'C c! 'r r r r r r r r r e f r r e r[ e r r r r r f r r r 1 r r r rpp r r1 F r r r f f pp f�� r r r r r r IC r r C }[ f p r r1 r i f if r P i r r j r r r, a r r r Y r r t r r' r r r r r r 'r r r r r r r r r r r, r r r r e r.., e r r r r r r r r r r r r r r r r r r r r r r r r r c r f [ c r} r r i r f 1 r r r If r r( r r I r r�r r r rY r r 1 r r'r r r ` r r r'r r r t r c °r r r r r.., r r r r, r r e r e r r r r e r e r c r r r r f r r r C r r r r r r r f r r r r r r r r r = rir r r rIr r rir r r k r r I r r d r r fit r r r Y r f d r C' r r ri�.-r 'r f f t r[ r r r r r r r r c r r e r r r r r r r r r r IrrIfFdfr Y r f r r r r r r r }rrrrrY r r t r e r c r r r r r r r r r r r r r r k r r I r. r dr = :r r r ► r r r r r r r r G C f C r f r r r r r r r r r s' rjf f = r i r r!r r rir r r r r j r rir r t. rqq t C r r t t t° r! r'[ r C 'r r f� r r ri r r rI[ r r e r r r g, r r r r r c r c r s r r f f r r C r r r f r r r r r r r r f r r I ; r r r r r r1 r r r Jr r r k r r i r F d r r e r r r t r r° f r c r r r r r r r r r r r r r r r c r r r r f G r r r r r r r r r r (p) r r r: r r r r r r r r r c r r r r r r r r r r„` r c drrrr }r rirrjr Jrrr rrIfrrrr r r r r f 7 f r( r r' f 'r r r? r r C r C: r e r c r r r r r r r r r r r r r r r r r r r r c r r r r r r c r f r r r r r f r c r F r r r r d e r r r j r r j r Or �f r r i r r j r r r r r l r r r f 7 f f f Y r r f r f e r e r r r r r r c r r r r r r[ r r r c c r c y r r r r f r r r r r f c r rr C (If r 'r r r Y r r f r [ r r r r r r r r r r r r r r r r r r r e r r r r E lr r r r r r r r f c r r f} C r j r CIf l rje r r j r rj r r r r r r r r[ r' r r r'r r r Y f r f r C r r f r r e, r r r.. e. r r r r r r r r r r r r r r r r r r F r r f r r r r e E r j r rjr r ry r r} r r I r r r r GARAGE GROUND LEVEL OVERALL PHOTOMETRIC PLAN SCALE: 1/16 " -1' -0" I GARDENS POINTE Parcel 27.09 Palm Beach Gardens, Florida A0 Architectural Group, Inc. 313 r10PM rLAMP DQIYr, SUIT[ 14 MST PAn NAM, rLOPIDA 33401 -4339 Voter. 001) 832 3,199 (ax: (301) 055 4828 _ � c 6 0 0 0 N O n C Co Q3 `5g 'z4z co O CI r _ Y 7 I _� 0 � — n..s. — � m't _P' _ n.•• or.r n. s. rn j C: - -- z- - -_ Z - -- �, i _ F 0 D Z 9� I e e - i� MM e, w PP j ] r I if Q: Cif co) O M r r C r C f C _ C � �� i �o� eR � 6 O = O II O x� , C �. O m m rn m r- li m rn - D _ m m Itttfi Z Z Z Z P�o XX � I xx I J° I 7 Q I �E A� AG � � RY i S 4� � R P v • .� u - /� ( t9 j P�n� � i `�p � �� �S n J a s a o r O t' � a � o �n a a � � U 6 IX e •� 4 � "6� a`d � ��. •.N F $tt �VV 'c7 � 4� ay 5 �" �p ^V 5 �� I( i i � M M1 �im � i -� � 798 pAyp u 3 � 6 � u � Rf �� � (J �+ I^ � ��e5j � � I � `� g ',➢� J n a � = 4 �b a l >� ;F "� oI R � t j �n� �b* Q02b A� � Z e ..E � =� � C 2 Z e Sao yr .d CLUBHOUSE PLAN AND ELEVATIONS SCALE: 1/8' -1' -0" GARDENS POTA TE Parcel 2 7.09 1, Palau Beach Gardens, FZonda AO Ar(hitr(tural Group, In(. 315 nOBrt1 rLAGLCO DRIK SUM 1400 W W(ST PALA brAm r1021DA 33401 -4339 Vow-, (301) 832 3399 rax ()01) 055 4828 • • • • 1 1 1 m c 0 z 0 m H IA fl s '� s . i;! gS c ;e Z R d d 4!, 4 7'. d 4 e s 6 ...uo I� 1 11111.1. VA �EIF_hhhhlmhIM mill hhhlathl-xhla NI i=l 7 P 7=I=7 16 1-ru-m 1 11M IM NA I,i I�ai ir•f�l�ii i�,1�- 1=1_I=1_I1Ita1_h wriw..r...;01.----..1.--7.---ir. r 1 1 a 1 f 1 SOUTH TOWER—BUILDING SECTION SCALE:1/16"=1'-0" D i�'ap! st AQ Ar<hittcturol 6rou Inc. GARDENS POINT' ?� T `.€36 ; 1 5U norm rwalre omvc win 7400 A („� ,ii Parcel 27.09 N[55 PAI/1 DrATI!IOWA)5401 4379 N Palm Beach Gardens,Florida ; v.,0 01)o i 0 r 1 .11 111 11 lI 1111 a u�l��� m --. m �nl 1!,!'!' ��°rr ii I11I1]I1I]I]IiFllàI III III 111 III .� X1 , il �••jj 1 Q� Mil 1. ¢®tl m®'] ® sii ® E i:a�1 111111 Z p �O2/`" -. FEE® ..ell1 ® itlll1 L �1= "!..-FA .: H37 ® m1::11111 ® 1� Vpl . �■ alp. 1 11 I. 41t"R1. ... wll= .s 1111 ®r I1. a' ® iie�ii: ® 7°I ?s ■111 ~ to la mil if 1.: ®®® •1111: ®II. ° ° ° . . .11,, 11 11 _I -I -I 1611' -� " _ :7 nl nlllln m M, I� 9 ARI / t I ■a1-r1 _I �: U,�=i L: ® 111 r➢ L. .:rl::: ® 111'11 �I 1I I — I I ....„.,11, AP3IgFS�1Y "1 : " :aa ;R "' ;q 141 'x141 ! .1rti r: , , $ I ;,. 4 :1 � � R� ..t L 6 9 �9 -C; n• it i' i MIMI i 13111111 'I 411!/ 1 1:141 s H ". y6 I SOUTH TOWER-EAST and WEST ELEVATIONS SCALE:1/16" -1'-0" 6 Ell! ' GARDENS POINTE ACI Architectural 6ro^p Inc. • (n :iiP I 511 f1DRit1 tLA6LIP CDIYC SUI1t 1400 Parcel 27.09 Wt51 PAV1 MARL tDM(S 33 01 0 P Rgg alm Beach Gardens,Florida ..•cson en si o r.. (501)055 4816 Y IEM . . -,_ • 1 INEN Zo I Li; --sal III _J < co .e i -,----=----=- -=--- 67—.41. - ..FIAVO-.,—..■-iff—WA' Traw--scAtrm.. ---131nra .=-....----. --.57:rz. 7 3§:f -- ::Iil 1j—7r fl!: III iiii BP in 1- al A r lit ER If. 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P !I WWI -...i 1:MritMfL„likiliitilini---;:' .7 ;7; :1' Occ LT.,,--- ===„slimuir=.. .= 140,.. .N.2v. ...4,743.7:141,7—,--.^.:+-•=,—..—.,,:;_ Z , immmiskill ii II --linitrjki._Lq0iTilailyalrilriN.Rin [I :: .. 4) NORTH ELEVATION I I- 8 AS (1) 3.11 ----.-----—--.-..--. .____ IIMI b I , . . TN ow • 9 9Q o 9 Ill I I I < I I I 0 - i I I I A . A -----I— OSLe 8*i .. 417;' , iiiiR5-11111EBIE:V Hun /I i;i i i i: :: \/: ---- 7+-7i;::V :L4. 1 1 1 , I.--.- ----• A v / --,,, I I -:. gQ D °3 , , , P— /, ;._ ' 1 i i I i, ,,,,,. ,..... — --:-_-_-.--— -.I\IIT:1111: flit' -- — — : .--, , 1 .:.r=-- .,.1 1.„1.:- 00.0.. / AN ::::::24. ';.: - i . „,..,.-- 11111111•,- ,_ _c, • -- -, I -, - . i,.,---, - , 1 . cr- .....o.I ....- 11 .---- ■ 4 'V.; i 1 . 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