HomeMy WebLinkAboutAgenda PZAB 021406City of Palm Beach Gardens
► N11111 i'' 111110 I I i t
,February 14, zoo6
RandoCyh Hansen
Dennis Solomon
Craig XunkCe
Aichae(Panczak
Douglas Pennell
Barry Present
Jonathan D. Rubins
Joy Hecht 0" Aft.)
Amir XaneC(z "' ACt.)
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
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MEMORANDUM
DATE: February 14, 2006
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, February 14, 2006 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, February 14, 2006.
This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building,
10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
• 1. An agenda for the meeting; and
2. A compact disc containing PowerPoint presentations with user instructions; and
3. A Growth Management Department staff report for the items to be heard.
As always, the respective Project Manager's telephone number and e-mail address have been
provided in case you have any questions or require additional information on any petition. This
will help us offer better staff support in the review of these applications.
Jeneve Labossiere, Planning Technician, will call to confirm your attendance.
.01/
Charle u, AICP
Growth Management Administrator
G'�TY %Vjh�Js� -¢aP�
CKW:hlg
CITY OF PALM BEACH GARDENS
• 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, FEBRUARY 14, 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: JANUARY 24, 2006
• PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Craig Kunkle (Chair)
Barry Present (Vice Chair)
Randolph Hansen
Dennis Solomon
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
• SWEARING IN OF ALL PARTIES
•
Alternates:
Joy Hecht (15` Alt.)
Amir Kanel (2 °a Alt.)
Planning, Zoning and Appeals Board
February 14, 2006
• (Rescheduled from 1/24/06)
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
1. Petition: MISC -05- 12-01— Amendment to the Development Order of the Midtown
(f.k.a. The Borland Center) Planned Unit Development (PUD)
Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for
the Midtown (f.k.a Borland Center) PUD, for approval of an amendment to the
development order of the subject PUD to extend the deadline for installing all perimeter
buffers adjacent to public rights -of -way. This amendment also includes a proposed date
certain for the installation of the rear landscape buffer adjacent to the Garden Lakes PUD,
the Military Trail /Garden Lakes Drive traffic signal, and the PGA Boulevard /Shady
Lakes Drive traffic signal. The Midtown (f.k.a Borland Center) PUD is located at the
northeast corner of PGA Boulevard and Shady Lakes Drive and consists of
approximately 45 acres in size.
Project Manager: Brad Wiseman, Senior Planner bwiseman(c4t.pbefl.com (799 -4235)
Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
2. Petition: SP- 05-01: Parcel 27.09 — Gardens Pointe
Recommendation to City Council: A request by Marty Minor of Urban Design Studio,
agent for Gardens Pointe LLC, for site plan approval of 216 residential condominium
• high -rise units within two twelve -story towers, and 24 townhouses. The 6.6 -acre subject
site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens
Avenue (adjacent to the Landmark), which is within the Regional Center Development of
Regional Impact (DRI).
Project Manager: Brad Wiseman, Senior Planner bwiseman(&pbpfl.com (7994235)
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
In accordance with the Americans with Disabilities Act and F7ortda Statute 28626, persons with disabilities needing special accommodations to
participate In this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding, at telephone number (561)
799 -4110 for assistance; if hearing impaired, telephone the F7ortda 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 2- 14-06.doc
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PLANNING, ZONING AND APPEALS BOARD
• REGULAR MEETING
January 24, 2006
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. Chair Kunkle
announced the Borland Center was not on tonight's agenda, and would be heard February
14.
REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR:
Charles Wu reported City Council had approved the NorthCorp sign upgrade and design package at
their January 19, 2006 meeting.
APPROVAL OF MINUTES: JANUARY 10, 2006:
Motion was made, seconded and unanimously carried to approve the minutes of the January
10, 2006 meeting as submitted.
ROLL CALL
• Susan Bell, 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
Michael Panczak
Randolph Hansen
Jonathan D. Rubins
Joy Hecht (1" Alt.)
Amir Kanel (2 °a Alt.)
Absent
All those intending to testify in any of tonight's hearings were sworn in.
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
Petition PCDA- 05 -11- 000001: NorthCorn PCD Amendment
Public Hearing /Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent for RCA
Drainage Association, for the approval of an amendment to the development order of the North Corp
• Planned Community Development (PCD) to allow the addition and modification of certain conditions of
approval of Ordinance 1, 1990 to be consistent with the Traffic Performance Standards of Palm Beach
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 2
• County, the North Corp PCD, generally located North of Burns Road, South of PGA Blvd., East of
Interstate 95 and West of Alternate AIA.
No ex -parte communications were declared. Brian Cheguis of Cotleur & Hearing provided a presentation,
explaining that the request was to redefine how entitlements for the PCD were calculated, in accordance
with the current traffic performance standards ordinance of Palm Beach County, which uses peak hours of
traffic generation rather than the old criteria, which was based on amount of built square footage. This
would only extend up to the original approval, which allowed an additional approximately 135 trips or
approximately 96,000 square feet available to the PCD. Also to be proposed this evening was a petition
from Anspach to expand their existing facilities, which would use approximately 49,000 of the 96,000
square feet. The remaining trips /square footage would be available for use by other tenants.
Mr. Rubins asked if staff saw any downside to this. Talal Benothman responded staff saw no downside,
that it was straightforward —only two existing conditions within the PCD would be amended to add a.m.
and p.m. peak hours.
Mr. Present asked if the entitlement to develop additional square footage had always been with this site.
Mr. Benothman responded yes, the original approval entitled them to build up to 6,063 daily trips and a.m.
and p.m. peak hours would not exceed that number.
Mr. Solomon asked if the 24 -hours per day concept was being removed from the ordinance. Mr.
Benothman explained it was still there because city traffic performance standards were still based on daily
trips. The county had stricken the condition which was solely based on average daily trips, and had added
p.m. peak hour trips, but recommended saying the average daily trips could be enforced by the municipality
if the city so chose, and that was what staff was recommending. Mr. Benothman clarified that the whole
• project was a PCD.
Mr. Hansen recalled at a previous meeting the board had been told NorthCorp could not build any more
square footage. The response was that this was a recalculation of the trip generation for the uses as
constructed and those had been approved; and it had been found there were some unused trips. Prior to that
there had been discussions that all the trips had been used up, but that was because some of the uses were
classified improperly. If the uses changed, such as a significant use like hotel use, that would have to come
back before this board to be reconsidered, and go back through the concurrency process. This project was
unique and was the only development order where the city had approved entitlements provided they did not
exceed 6,063 trips. Usually when a development order was approved it was approved with certain square
footages, but this had been approved not with specific square footages but with certain number of trips, and
anything could be built so long as that number was not exceeded.
Mr. Panczak asked how the City Engineer's office monitored and enforced the trips, to which Mr.
Benothman responded they reviewed it in accordance with the City's traffic performance standards and
concurrency was not granted until the county had granted concurrency.
Mr. Benothman explained to Ms. Hecht that the trips, the entitlements, were already there, based on the
uses as actually constructed.
Mr. Kanel asked if all of the city's traffic ordinances were consistent with the county. Mr. Benothman
responded they were consistent with all the new ones, and specific square footages were included in every
development order. Speed limits were not considered.
Chair Kunkle declared the public hearing open. Elizabeth Murray asked what construction was being done
on Garden Lakes Boulevard behind Publix which was causing the road to be closed on the 28`h and 29"',
which was before the next PZA meeting. Chair Kunkle suggested that Ms. Murray ask Mr. Wu that
• question, since that was not on the subject. Hearing no other comments from the public, Chair Kunkle
declared the public hearing closed.
•
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 3
Mr. Solomon asked if the city was satisfied they had the data as to the uses that were analyzed to come to
this conclusion. Mr. Benothman responded the city was satisfied; the review had been conducted not only
by the county but by the city's Traffic Engineer as well.
MOTION:
Mr. Present made a motion to recommend to City Council approval of Petition PCDA- 05 -11- 000001:
NorthCorp PCD Amendment, as submitted by staff. Mr. Rubins seconded the motion, which carried
by unanimous 7 -0 vote.
Public Hearinz and Recommendation to City Council.
Ex Parte Communication (Quasi Judicial
Petition SPLN- 05 -11- 000003: Ansaach Site Plan Amendment
Public Hearing/Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent for Anspach
Holdings, Ltd., for an amendment to the previously approved site plan to allow for the approval of a 48,941
square foot building, located on Lot I of the 7.0 -acre site, which comprises of Lot I of the south park center plat
and lot 2 of the west park center plat in the NorthCorp Planned Community Development (PCD). The subject
site is generally located at the southwest corner of the intersection of Riverside Drive and NorthCorp Parkway.
Mr. Pennell stepped down due to conflict of interest and Ms. Hecht was seated in his place for this petition. No ex-
parte communication was reported.
Brian Cheguis of Cotleur & Hearing presented the project on behalf of the applicant. Mr. Cheguis noted that the
project team, including Joe Pollock, Traffic Engineer, was present, as well as the applicant, and that Mr. Pollock was
• retiring soon. Mr. Cheguis described the proposed expansion, which would be consistent with the existing
architecture, and reviewed the requested waivers.
Mr. Solomon asked about sufficient drainage. Mr. Cheguis explained that there was legal positive outfall for the
site, and this would drain into the master system. Mr. Cheguis advised that 9 -1/2' parking spaces were being
requested; the canopy over the front entry would be a hard surface, metal, consistent in material with the covered
walkway; and the blue of the canvas awnings would tie in with the color on the existing building. Mr. Cheguis
advised that the conservation easement would be re- dedicated into one contiguous location, and Joyce Cai, Principal
Planner, explained a revised plan would be submitted and that staff had been continuously working on this with the
applicant. Mr. Cheguis advised that there would be an elevator. Mr. Solomon indicated he was in favor of the
staff's recommendation.
Mr. Hansen expressed his opinion the architecture was inconsistent with the rest of the facility. Mr.
Cheguis indicated the applicant wanted to differentiate between this building and the existing facility. Mr.
Hansen objected to the height of the entrance canopy and indicated he found the building uninspiring in
how it related to the rest of the campus in its color scheme, design, articulation, and compatibility. Mr.
Hansen stated he agreed with the staff recommendation other than the signage. Mr. Hansen felt that only
one sign on I -95 was enough.
Mr. Panczak asked the height of the radius parapet at the front, rear, and sides, expressing concern that the
a/c equipment would not be covered on the sides. Donaldson Hearing advised that the a/c equipment
would be totally covered from view. Mr. Panczak asked the proposed size at planting for the Royal palms,
which he was told was approximately 20' overall and that the building was 45' -50' tall.
Mr. Kane] asked about the drainage condition, to which Mr. Benothman responded that was a standard
condition, a mechanism which would force the developer to correct negative drainage on nearby properties,
should that occur in the future. Mr. Kane] questioned the statement regarding a percentage of additional
• parking spaces. Mr. Benothman explained the code allowed an applicant to request 10% additional parking
beyond the minimum required by code, and the statement said the applicant was requesting 3.7% which
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 4
• would be 7 more parking spaces, and no waiver was required. Mr. Kanel asked if staff believed a second
entrance was not needed. Ms. Cai responded that staff believed it was not necessary to open a second
access and that one was sufficient. Mr. Kanel indicated he supported the staff recommendation.
Mr. Present asked the impact of the larger space on stacking. Judy Dye, Assistant City Engineer, indicated
that the engineer was comfortable. Mr. Present suggested removing the sign on the old building and
replacing it with a sign on the new building, to which the applicant agreed.
Ms. Hecht indicated she had assumed this would be a storage /warehouse area because it was so different
from the original building. Mr. Cheguis indicated the style of the new building was consistent with what
was being approved today rather than 15 -20 years ago, and advised that the computer was showing the
colors darker than they actually were. A monument sign at the street was requested.
Mr. Rubins agreed with Mr. Present regarding the signage, and recommended lowering the canopy in front.
Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle
declared the public hearing closed. Chair Kunkle indicated he was not bothered by the different
architecture, agreed with Mr. Present's suggestion on signage, agreed with staff recommendations on the
conditions of approval, and thanked the applicant for keeping their business within the city.
MOTION:
Mr. Solomon made a motion to recommend to City Council approval of Petition SPLN- 05 -11-
000003: Anspach Site Plan Amendment, with the staff report in its entirety, including the denial of
the waiver having to do with the sign on the west elevation but giving the applicant the option of
substituting its main sign on the west side from the existing building to the new building, subject to
• staffs approval of the details. Mr. Rubins seconded the motion, which carried by unanimous 7 -0
vote.
Mr. Pennell was re- seated on the dias.
Workshop:
PCD- 04 -01: Parcel 31.04 — Rezoning and Master Development Plan Approval
SP- 04 -05: Cimarron Cove — Site Plan Approval
Workshop: A request by Marty Minor, of Urban Design Studio, on behalf of Gardens 95 Limited
Partnership, L.C.C., for approval of a rezoning from a Planned Development Area zoning designation to
a Mixed Use Planned Community District (MXD PCD) Overlay zoning designation and approval of a
Planned Community District (PCD) master plan and the site plan of the residential portion of the PCD.
The master development plan allows for the development of 11,600 square feet of commercial retail,
15,000 square feet high- turnover restaurant, 4,000 square foot bank with drive -thru, a 12,000 square
foot drugstore, 10,000 square feet professional office use and 252 residential dwelling units. The
approximately 50.58 -acre subject site, referred to as "Parcel 31.04," is located on the southeast corner of
the Interstate 95 and Central Boulevard intersection and the future I -95 interchange.
Marty Minor, Urban Design Studio, representing Centex Homes, reported they had changed the site plan
since the last presentation, and had worked with staff. Net density had been reduced by two dwelling
units per acre, pocket parks had been created, the lake had become a full amenity for all residents, and other
gathering spaces had been created. The loop road design had been changed to a modified grid, and there
were now two access points. Mr. Minor described the new improved architecture, and the new
configuration of roadways, buildings, and pedestrian pathways. Details of a pocket park, the recreation
area, and gathering spaces were presented. Waivers had been reduced from four to two, with the
requested parking waivers and money in lieu of preserve area being omitted. Remaining waiver requests
40 were for landscaping and to allow building of models prior to platting.
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 5
• Chair Kunkle indicated this was a great improvement.
Mr. Rubins asked staff's position on the waivers. Mr. Benothman indicated staff did not make
recommendations at workshops.
Mr. Pennell agreed this was much nicer and asked for renderings of the old architecture for comparison.
Mr. Pennell indicated he liked the way the entrance had been moved and the improvement to the lake.
Mr. Present complimented the applicant on the entrance, and the big improvement of the project. Unit
sizes would be 1,600 to 2,600 square feet. A representative from Centex Homes indicated they had not
yet thought about affordable homes but their product in the $300,000 range would be affordable in today's
market.
Mr. Kanel asked about construction type. The applicant advised the walls would be concrete block, floor
frames would be wood. The distance of the four units on the western side would be roughly 110' from I-
95 with a preserve being used as a buffer. Mr. Kanel commented there would be a lot of traffic noise and
asked about plans for a sound barrier wall.
Ms. Hecht confirmed with Mr. Minor that three story buildings were located on the interior, which she
liked.
Mr. Panczak asked the type of siding on the second story buildings and was told it would be scored stucco.
Mr. Panczak thought there were too many gables on the second story buildings and suggested something to
break that up. Mr. Panczak suggested alternating arch and square garage door openings on the back of the
three story buildings. Mr. Panczak indicated he would have liked more time to compare the new plan to the
• old.
Mr. Hansen expressed concern that this was a very dense project, and indicated he would like to see the
proposed connectivity and integration with the commercial portion before making a decision on this
project. Mr. Hansen expressed his opinion that the architecture on the Mediterranean buildings was an
improvement, and confirmed with the applicant that the plan showed an Anglo Caribbean wall around the
site with Mediterranean in the middle, which he indicated did not feel right, and suggested more integration
of the styles throughout the entire project. Mr. Hansen commented the roof plans on the Anglo Caribbean
buildings did not seem to jive with the building elevations.
Mr. Solomon expressed his opinion there was definite improvement, particularly the 3 -story buildings. Mr.
Solomon suggested going down in density in some places, commented a lot more parking was needed at
the pool area, and that guest parking spaces could be scattered around the community. The pocket parks
could be emphasized by using intermittent paving to make them more inviting to pedestrians. Mr. Solomon
indicated he was not bothered by the sameness of the garage feature of the 3 -story buildings —he was more
bothered by what the garage doors looked like on the other buildings, and suggested omitting the slanted or
cross buck pattern. Mr. Solomon indicated he did not like the long run of roofline without articulation on
the 2 -story buildings. Mr. Solomon requested road rights -of -way labels for the next presentation. In the
gathering areas, Mr. Solomon suggested benches and some shade; and commented that on the rear
elevation of the 2 -story buildings, the hip return did not look quite right. On right and left exterior
elevations of the 2 -story buildings there was lack of symmetry and on the lower windows on one side there
was an eyebrow over the roof, and Mr. Solomon suggested the same thing on the other corner of the same
window. Mr. Solomon commented on the 3 -story building on the exterior left and right sides there was a
large vacant area where something might be added.
Mr. Minor indicated when they came back he expected to have the interconnections, all the details for the
pedestrian gathering areas, and the linkage connection, and it should all be provided well ahead of time.
• The applicant indicated these were condos and long -term leases were typically allowed.
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 6
• Mr. Hansen confirmed with Mr. Minor that the Anglo Caribbean roof material was asphalt shingle, with
barrel tile for the Mediterranean roof material. Mr. Hansen indicated he would object to asphalt shingles
on some buildings and barrel tile on others. Mr. Hansen asked about shutters —the applicant indicated this
verbiage was taken from another project and explained which colors were accent colors. The intent had
been to mix materials. Mr. Hansen responded it was a quantum leap to go from asphalt shingles to barrel
tile in the same project, and suggested something with more depth such as a fiber cement type shingle.
Chair Kunkle asked for actual roof material samples for the next presentation.
Following a 5- minutes break, the meeting reconvened.
Workshop:
PUD- 04 -I1: Parcels 31.06 and 31.07 - Central Park Residential High and Mixed -Use Planned Unit
Development
A request by Land Design South, on behalf of EB Developers, Inc., for rezoning and site plan approval
of Parcels 31.06 and Parcel 31.07. Both parcels currently have a Planned Development Area
(PDA) zoning designation. Parcel 31.06 is proposed to be rezoned to a Planned Unit Development
/Residential High (PUDIRH) zoning district with 116 condominiums. Parcel 31.07 is proposed to be
rezoned to a Mixed -Use Planned Unit Development (PUD/11M) with 60 condominiums, 99,934 square
feet of commercial and office development, and a 141,706 square foot, 409 -space parking garage. The
approximately 41.75 -acre subject site is located at the southwest corner of Hood Road and Central
Boulevard and is bounded on the west by Interstate 95 and Westwood Lakes PUD.
Jennifer Morton of Land Design South introduced members of the development team. Ms. Morton
presented the project, and described the traffic circulation, proposed uses, parking, preserve buffers, lake
• areas, and buildings. The developer had plans to bury the overhead FPL transmission lines at a cost of $3.5
million. Art in Public Places had been presented to the Art in Public Places Advisory Board and three
locations had been identified for the art. The project was described as very pedestrian friendly. A special
focal point overlooked the lake tract along Central Boulevard and could be viewed from the interior, from
the entry, and from Central Boulevard, and would be one of the locations for Art in Public Places. A
typical landscape plan was presented. The requested waivers were described.
Mr. Hansen reported he had met with the applicant some time ago and had been excited about the project.
Mr. Hansen noted he would not ordinarily be in favor of so many waivers; however, felt a number of the
requests were legitimate — particularly the lakefront coming up to Central Boulevard. Mr. Hansen indicated
he felt the commercial and residential areas were extremely well done, and this was an example of what a
developer could do without having to look at rows and rows of garage doors. Mr. Hansen commented in
the time he had been on this board it was the best MXD project he had seen; however, the parking garage
did not seem to fit, it looked like a mausoleum; and he could not support 9' parking spaces. He also
expressed a problem with 18' deep parking spaces in the parking garage. Mr. Hansen recommended an
additional level on the parking garage rather than making spaces smaller than 9 -1/2' x 18 -1/2', which was
the absolute minimum he could support. Mr. Hansen expressed his opinion that overall this was a
spectacular project and was extremely well done, but the parking garage needed work.
Mr. Solomon asked the width of the area on the ground level that one would walk through to get to the
parking garage, which the applicant indicated was 25', which was a loading area, and pointed out other
loading areas. Mr. Solomon indicated it needed to be an attractive area. Mr. Solomon stated he had no
problem counting the water area in the buffer off the road; he did have a problem with 9' spaces; expressed
concern with the drive aisle going from 24' to 22'; confirmed that the applicant was asking for a 10 -unit
building and a 14 -unit building for models; commented he was generally not in favor of waivers on signs;
advised regarding the right -of -way cross section that he did not like going down 10'; felt it was too
unreliable to rely on planter boxes on top of the parking garage; stated he did not like the long straight
• rooflines without a break; he did not like the designs on the garage doors and preferred to use glass at the
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 7
• top; stated he did not care for the pointed arch in the residential buildings; and suggested omitting the oval
window shown on Sheet PRCH A -3, front elevation.
Mr. Present requested in the future that graphics be included in the packets. Mr. Present stated he agreed
with Mr. Solomon on the size of the parking spaces and the drive aisle width, and was not sure increasing
the height of the parking garage would be appropriate for the neighborhood. Ms. Morton indicated they
had made a diligent effort to contact nearby residents. Mr. Present asked staff to check the LDR's for
prohibited waivers. Mr. Present expressed concern regarding the category of furniture store, which he felt
should be a use, and he preferred to design to retail standards, and requested staff look into this before that
category was used all over the City. Mr. Present commented he did not think this was neighborhood
commercial, but was a Downtown at the Gardens —a destination commercial, and felt it was a big risk to
put this at this location. He felt it was a little intense for the neighborhood. A potential stop light had been
mentioned, and Mr. Wu explained that when warranted it would be paid for on a pro rata share. Mr.
Present asked how the HOA versus the POA for the commercial would be handled. Ms. Morton
commented her client had done this in the past and there would probably be a master association with two
sub associations.
Mr. Pennell commented most of the waivers were reasonable and he believed 9' parking could work, but in
this case had serious doubts about it because all the commercial parking was in the garage. Mr. Pennell
commented he had no problem with an extra story if 9 -1/2' spaces could be done. Mr. Pennell agreed that
the area of transition from the parking garage to the commercial area needed to be done well, and expressed
his opinion that overall it was a very impressive project. Mr. Pennell noted that it would have helped to
have a better quality color graphic prior to the meeting. Shawn Nager, Architect, addressed the connection
between the garage and the commercial on the second level, indicated there were two additional bridges.
Ms. Morton indicated a detail of that area would be presented at the next meeting.
• Mr. Rubins reported he had met with the applicant, and commented he did not believe the board would
approve less than 9 -1/2' parking spaces. Mr. Rubins expressed his opinion that plantings around the edges
on the parking garage could add a lot of color. As far as going from 24' to 22' areas, he did not have a
problem. Mr. Rubins felt Mr. Present had made a good point regarding the viability of the commercial
space.
Mr. Kanel commented this was a nice project, and shared the concerns expressed by others. Mr. Kanel
asked if there were a similar place where high voltage lines had been buried close to residential, to which
Ms. Morton responded it had been done in BallenIsles. Mr. Kanel indicated he did not favor 9' parking
spaces at all and had done homework on widths needed for certain vehicles. Mr. Kanel asked it there was a
tenant for the furniture store, to which Ms. Morton responded she would research that for the next meeting.
Mr. Kanel expressed doubt that a furniture store could survive in this area.
Ms. Hecht indicated she had also done homework on vehicle width, and was not in favor of 9' spaces. Ms.
Hecht liked very much the look of the cascading plants on the parking garage, liked the signage, and the
shops along with the restaurants to create a place to walk, and liked the overall presentation.
Mr. Panczak commented this was an excellent job and concurred with Mr. Hansen's comments, felt the
garage was out of character with the rest of the buildings, and felt the rooflines of the commercial buildings
needed to be broken up. Mr. Panczak liked the project and commented he thought the applicant was off
to a great start.
Chair Kunkle commented this was a very gutsy project, that planter boxes had not worked at other plazas
and the applicant would have to work with the City Forester. Chair Kunkle suggested a small recreation
area on the south condo section and having two condo associations.
• Mr. Wu commented this was a very challenging site and staff had worked with the applicant for
approximately a year. Mr. Wu advised staff was not ready to give in on the issue of residential waiver, and
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 8
• thought the applicant could work harder to have residential above retail and office, and could have a third
floor workforce housing. Regarding furniture store use, Mr. Wu felt there should be flexibility in case the
furniture store moved out. Mr. Wu reminded the applicant that staff wanted to be sure the site plan took
into full consideration the potential I -95 interchange. The final point was a potential code change - -by
deviating from the standard buffer along Central Boulevard by having a water body encroach into the
buffer, which would require a code change. Chair Kunkle expressed his opinion that a view of a lake and
the architecture would be a welcome change from the standard buffer wall. Chair Kunkle also commented
no one had expressed concern with the vertical integration on the mixed use although City Council was
really harping on that. Mr. Wu indicated staff would like to push for it.
OLD BUSINESS
There was no old business to come before the board.
NEW BUSINESS
Mr. Present asked that in the future the board be told there were TDR's; that units were available, not gone;
and commented they were seeing entitlements with more buildings going in; and the board might look at a
project differently if they could look at it from total buildout. Mr. Wu responded the city did not have an
ordinance that recognized TDR's (transferred development rights). Since the forbearance agreement, large
landowners pledged if they built less in one corner could they build in another comer, but that would
probably not be done today, and all remaining of the forbearance agreement were accounted for. Mr. Wu
expressed his opinion that there was a large issue of the perception of densities and intensities; and he
thought the City was ready for a little more aggressive development opportunities.
• Mr. Present commented he thought the furniture category should be jumped on, and favored less square
footage in commercial with more parking, but he was not in favor of higher parking garages and expressed
concern regarding what would be done when the furniture store moved out. Mr. Wu commented there
could be a scramble to get a lower grade furniture store just to fill the space, and this issue must be
addressed.
•
Planning, Zoning, and Appeals Board Meeting Minutes
January 24, 2006
Page 9
• ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 p.m. The next
regular meeting will be held February 14, 2006.
APPROVED:
Craig Kunkle, Jr., Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
isDouglas Pennell
Michael Panczak
Jonathan Rubins
Joy Hecht
Amir Kanel
Susan Bell, Secretary for the Meeting
•
CITY OF PALM BEACH GARDENS
• PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
Petition: MISC- 05 -12 -01
Subject /Agenda Item:
Petition MISC- 05- 12 -01: Amendment to the Development Order of the Midtown (a.k.a.
Borland) Planned Unit Development (PUD)
Public Hearing & Consideration of Approval: A request by Don Hearing, agent for the
Borland Center PUD, for approval of an amendment to the development order of the
subject PUD to extend the deadline for installing all perimeter buffers adjacent to public
rights -of -way and the PGA Boulevard /Shady Lakes Drive traffic signal. Also included in this
amendment are deadlines proposed by staff for the installation of the rear landscape buffer
adjacent to the Garden Lakes PUD and the Military Trail /Garden Lakes Drive traffic signal.
The Borland Center PUD is generally located at the northeast corner of PGA Boulevard
and Shady Lakes Drive and is approximately 45 acres in size.
• [X] Recommendation to APPROVE
[ ] Recommendation t DENY
•
Reviewed by:
Originating Dept.:
FINANCE: N/A
PZAB Action:
Growth Management:
[ ] Approved
City Attorney
Project
Costs: $ N/A
[ ] App. w/ conditions
Christine Tatum
er
Manage
g
Total
[ ]Denied
Brad Wiseman
[ ] Rec. approval
Development / /
A
Senior Planner
$ N/A
[ ]Rec. app. w/ conds.
Compliance_II,I
Bahareh Keshavarz- Wolfs,
Current FY
[ ] Rec. Denial
AICP
Action:
[ ] Continued to:
[X] Quasi - judicial
Funding Source:
Community
[ ]Legislative
Administrat :4t
[X] Public Hearing
[ ] Operating
Advertised:
Attachments:
Jack Doughney
[X] Other N/A
Date: PB Post
Resolution 92, 2004
FinanLce A ministratoA
Resolution 10, 2005
'14P CT7V" �O'�
Paper: 2/3/06
. Applicant Narrative
01
Allan Owl ens
[X] Required
[ ] Not Required
Budget Acct. #:
N/A
. Engineering Memo
• Traffic Light Schedule
Appro By:
• HOA Letters
• Off -Site Mitigation
Ro al .Ferri
Memo
Affected Parties:
ti
[X] Notified
e Traffic Signal Memo
City Ma He
[ ] Not Required
• Signal Request FDOT
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
MISC- OS -12 -01
Page 2 of 6
• EXECUTIVE SUMMARY
The applicant has requested to amend condition number 15 of the Borland Center
development order to extend the deadline for installing landscape buffers adjacent to public
rights -of -way. The applicant has cited unforeseen reasons for the request. Currently,
condition number 15 requires the installation of such buffers within six months of issuance
of a clearing permit (August 4, 2005), which was due on February 4, 2006. Since the
applicant has missed this deadline, the City ceased issuing permits and conducting City
inspections, with the exceptions of those City inspections required for the landscape
buffers and the traffic signals.
With this development order amendment, the applicant is requesting an extension to
complete the installation of the Garden Square Boulevard buffer, PGA Boulevard buffer,
and the Shady Lakes Drive buffer. The landscape buffer adjacent to the Garden Lakes
PUD did not have a deadline for its installation. Nevertheless, staff is proposing a condition
which will require installation prior to issuance of the first Certificate of Occupancy.
The intent of the landscape buffer time limitations contained in the original development
order was to insulate the adjoining properties from the impacts of the project during
construction. In light of the uncertainties involved in the installation of the landscape
buffers, staff is proposing the installation of a six -foot high chain link fence with a privacy
tarp around the perimeter of the subject site by March 17, 2006, in -lieu of the landscape
buffers being installed by a date certain. Staff is further recommending that the no further
permits be issued and no inspections be performed until the fence and privacy tarp are
installed.
According to the applicant, unforeseen events and delays have also caused a delay in the
signalization of the intersection of PGA Boulevard and Shady Lakes Drive. This signal was
required to be installed by August 5, 2005 (condition number 31). However, it is important
to note that even if the signal had been installed in a timely manner, it would not be
functional at this time. The condition provides:
31. The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within twelve (12) months of the date of this development order. The signal
shall be installed to be fully operational, including all appropriate lane geometry (as
determined by Palm Beach County and the Florida Department of Transportation),
pavement markings, signage, and lighting. The signal shall be made active once the
intersection warrants a signal and meets the approval requirements of Palm Beach
County and the Florida Department of Transportation. (Emphasis added)
Engineering reports that the signal is not warranted as of this date and most likely will not
be warranted until the Borland project is substantially complete. Based upon all these
factors, staff does not object to the proposal to install the signal consistent with the
attached schedule, with a completion date of December 26, 2006
•
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
MISC- 05 -12 -01
Page 3 of 6
• In addition, the applicant is also required to bond the signalization for the intersection of
Garden Lakes Drive and Military Trail, once it is deemed necessary through a warrant
study. The traffic signal has been bonded by the applicant; however, staff has requested
the applicant to commit to its installation by a date certain with a new condition added with
this amendment. The applicant is proposing to have this signal installed by February 14,
2007.
BACKGROUND
The Borland Center is located along the north side of PGA Boulevard between Gardens
Square Boulevard and Shady Lakes Drive. On August 5, 2004, the Borland Center was
approved by City Council for the master plan approval and conditional use approvals to
allow for the development of 64,533 square feet (500 -seat small theater, and 300 -seat
banquet hall, Sunday School and accessory facilities) for a cultural center and church
facilities, 64,025 square feet for retail space, 19,950 square feet for restaurant space,
10,900 square feet for office space, and 225 rental units on an approximately 45 -acre site,
through the adoption of Resolution 92, 2004. The subject site is currently being developed
in accordance with the development plans approved by said resolution.
PROPOSED AMENDMENT
• Landscape Buffers
The applicant for the Borland Center PUD has requested an amendment to condition
number 15 of the development order to extend the deadline for installing all landscape
buffers adjacent to public rights -of -way (PGA Boulevard, Gardens Square Boulevard, and
Shady Lakes Drive).
Currently, condition number 15 requires the installation of such buffers within six months of
issuance of clearing permit (August 4, 2006), which was due on February 4, 2006.
However, the applicant has indicated that installing these buffers by February 4, 2006, was
not possible due to the following circumstances:
PGA Boulevard Buffer
The applicant states that Florida Power and Light (FP &L) was not able to re- locate all
overhead power lines underground within the Borland site, as required by the City Code.
Because the lines will be relocated underground within the landscape buffer easement, the
under - grounding of overhead powerlines must be done prior to installing the PGA buffer.
FP &L has conducted partial work on -site, but had to stop all work on -site to direct its efforts
toward restoring the utility system damaged by Hurricane Wilma.
Additionally, staff has contacted Bellsouth, which is the entity that owns the utility poles that
• house the power lines. Bellsouth has indicated to staff that upon vacation of the poles and
a release to proceed, Bellsouth could remove the poles within 30 days. FP &L has
informed staff that there was a delay in the vacation of the utility poles due to the 2005
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
MISC- 05 -12 -01
Page 4 of 6
hurricane season. FP &L has also indicated that the lead time for the vacation of the poles
•
is a minimum of three to four weeks. Once the poles are vacated, the under - grounding of
utilities may commence, followed by grading, hardscape, irrigation, and landscape
installation.
Shady Lakes Drive Buffer
The applicant has discovered a drainage pipe discharging into the site and providing legal
positive outfall for Shady Lakes Drive and the adjacent Gardens of Woodbury residential
development. The applicant is attempting to resolve this drainage conflict, which must be
completed prior to the completion of this landscape buffer.
Staff has verified that the existing permits issued by the South Florida Water Management
District ( SFWMD) and the North Palm Beach County Improvement District (NPBCID)
require modification from the applicable agencies to effectuate this drainage modification.
The applicant has submitted revised plans to the City, and is in the process of coordinating
with SFWMD and NPBCID for review and approval. These approvals, and the finalized
drainage resolution, must be completed prior to the installation of this buffer.
Gardens Square Boulevard Buffer
The Seacoast Utility Authority (SUA) discovered that the water -main to be tapped to serve
• the project contained asbestos material. In such cases, SUA requires that the pipe be
replaced. In order for this pipe to be replaced, the pipe must be removed from beneath
Gardens Square Boulevard, causing a road closure and the applicable approvals from the
City and SUA. This work was recently completed. This unforeseen utility work has delayed
the installation of the utilities, and subsequently the buffer.
It has also recently been brought to the City's attention that SUA may require the
replacement of the sanitary sewer manhole to which the applicant is connecting. The
existing manhole is at a depth of at least 20 feet and would require another closure of
Gardens Square Boulevard to facilitate its replacement. SUA has indicated to the Assistant
City Engineer that the decision to replace this manhole will be made by SUA upon coring
into the structure. This replacement would further delay the utility schedule and,
subsequently, the landscape buffer installation.
Garden Lakes PUD Buffer
The existing development order does not have a deadline for the installation of the rear
landscape buffer, adjacent to the Gardens Lake PUD. However, due to proximity of
residential units, staff is proposing a new condition of approval requiring installation prior to
issuance of the first Certificate of Occupancy.
All of these factors cited by the applicant, and verified by City staff, have caused
unforeseen delays toward the installation of the PGA Boulevard, Gardens Square Drive,
• and Shady Lakes Drive landscape buffers within six months from the issuance of the
clearing permit. Staff recommends that all landscape buffers be installed prior to issuance
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
MISC- 05 -12 -01
Page 5 of 6
• of the first Certificate of Occupancy. If the applicant fails to complete these buffers prior to
the first Certificate of Occupancy, no Certificates of Occupancy will be issued and the City
will be in a position to issue a stop work order for all construction activity until the
landscape buffers are completed.
In lieu of an extension for installation of the buffers, and in order to achieve adequate
buffering of the subject site, staff is recommending the installation of a six -foot high chain
link fence with a privacy tarp around the perimeter of the subject site by March 17, 2006. It
is staff's professional opinion that this fence and privacy tarp will provide for a more
complete visual screen of the construction site from adjacent roadways and
neighborhoods. Furthermore, the installation of this fence can be installed several months
before the buffers are completed.
Traffic Signals
Since the applicant has filed a development application for a major amendment, staff has
required that the applicant agree to a modification of conditions 31 and 35, which relate to
the installation of traffic signals for PGA Boulevard and Shady Lakes Drive; and Garden
Lakes Drive and Military Trail, respectively. Condition 31 of Resolution 92, 2004 requires
the installation of the PGA Boulevard and Shady Lakes Drive traffic signal by August 5,
2005. However, during the Borland Center public hearing, the City Council agreed that the
City would not enforce a violation if non - compliance was beyond the control of the
•applicant (Please see memo dated 7129105). In July of 2005, the City instructed the
applicant to submit a request for the installation of a non - warranted traffic signal for staff's
review and approval, prior to transmitting the request to Palm Beach County. Such a
request was transmitted by the City to the Florida Department of Transportation (FDOT) on
August 2, 2005 (please see attached). The next steps are the design, installation, and
acceptance of the signalization, which are all lengthy processes.
The applicant has begun the design phase for this signal. Once the applicant has
completed the design, FDOT and the Palm Beach County Traffic Division (PBCTD) must
review the design and issue a permit. The timing of reviews by other governmental
agencies and permit issuance are beyond the applicant's control. Upon approval from
these agencies, the applicant must construct the roadway improvements (turn - lanes,
modified lane geometries) and place an order for the fabrication, delivery, and installation
of the mast arm assemblies. Staff has verified that mast arm fabrication is completed by
national companies and the fabrications are a minimum of three to fours months, which
has been delayed by the hurricane season. Once installation occurs, inspections are
required from FDOT and PBCTD. Therefore, the applicant is requesting to allow for this
traffic signal to be installed and operational by December 26, 2006. The City Engineer has
been in contact with the applicable review agencies and has verified that this date is likely
the soonest this signal could be installed. The City has been provided with surety to ensure
the installation of the signal.
Condition Number 35 requires the applicant to bond the signalization for the intersection of
• Garden Lakes Drive and Military Trail, once it is warranted by a warrant study, which has
been done. However, there is no time - sensitive deadline in the existing development order
Date Prepared: February 1, 2006
Meeting Date: February 14, 2006
MISC- 05 -12 -01
Page 6 of 6
• for its installation. Nevertheless, upon staff's recommendation, the applicant has committed
to its installation by February 14, 2007. Similar to the Shady Lakes Drive /PGA Boulevard
signal, the design, review, permit approval, and traffic signal installation is the same lengthy
process requiring multiple government agencies to review and approve the signal. Upon
the City Engineer's review, the likeliest date that the signal can be installed is February 14,
2007. Therefore, condition Number 35 will be amended to reflect this commitment.
Staff recommends that the traffic signals have time certain deadlines for the required
phases of installation. If the applicant fails to complete a phase within the agreed upon time
frame, interim enforcement mechanisms can be utilized by the City. These phasing
deadlines are indicated below:
STAFF RECOMMENDATION
• In light of the aforementioned obstacles and delays, it is has become apparent that
requiring the buffers to be installed within six months from issuance of the clearing permit
was not realistic. Staff does not object to a modification of Condition 15 which will provide
that all buffers be completed prior to issuance of the first Certificate of Occupancy, if the
privacy fence described below is installed.
To remedy the situation in the interim, staff recommends that a six -foot high fence with a
privacy tarp be installed around the perimeter of the site by March 17, 2006. It is staff's
professional opinion that this fence will provide the adjacent neighborhoods and public
rights -of -way with an immediate and more complete screen of the construction site.
Furthermore, this fence can be installed several months before the buffers are completed.
Therefore, this meets the original intent of the condition, which is to adequately screen the
construction site from adjacent neighborhoods.
It is staff's professional opinion that by providing time - sensitive deadlines for each phase of
the traffic signal installations, staff has ensured that these essential improvements are
implemented in a timely fashion.
•
Phase I
Deadline
Phase II
Deadline
Phase III
Deadline
Shady
Signal
3/15/06
Signal Materials
16
Signal 100%
12/26/06
Lakes Drive
Design
Ordered
Weeks
Installed &
& PGA Blvd
Completed
After
Timeline Received
Desi n
for Activation
Garden
Signal
5/1/06
Signal Materials
16
Signal 100%
2/14/07
Lakes
Design
Ordered
Weeks
Installed &
Drive &
Completed
After
Timeline Received
Military
Design
for Activation
Trail
STAFF RECOMMENDATION
• In light of the aforementioned obstacles and delays, it is has become apparent that
requiring the buffers to be installed within six months from issuance of the clearing permit
was not realistic. Staff does not object to a modification of Condition 15 which will provide
that all buffers be completed prior to issuance of the first Certificate of Occupancy, if the
privacy fence described below is installed.
To remedy the situation in the interim, staff recommends that a six -foot high fence with a
privacy tarp be installed around the perimeter of the site by March 17, 2006. It is staff's
professional opinion that this fence will provide the adjacent neighborhoods and public
rights -of -way with an immediate and more complete screen of the construction site.
Furthermore, this fence can be installed several months before the buffers are completed.
Therefore, this meets the original intent of the condition, which is to adequately screen the
construction site from adjacent neighborhoods.
It is staff's professional opinion that by providing time - sensitive deadlines for each phase of
the traffic signal installations, staff has ensured that these essential improvements are
implemented in a timely fashion.
•
Date Prepared: April 8, 2004
1
RESOLUTION 92, 2004
• 3
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5
BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE
6
RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT
7
TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT
8
(PUD) UTILIZING NON - RESIDENTIAL MIXED USE INTENSITIES
9
AND MEASURES; APPROVING THE MASTER DEVELOPMENT
10
PLAN FOR THE APPROXIMATELY 47 -ACRE PROPERTY, KNOWN
11
AS THE BORLAND CENTER / PALM BEACH COMMUNITY
12
CHURCH (A.K.A. PARCEL 6.01A), LOCATED ALONG THE NORTH
13
SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE
14
BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE
15
PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF
16
64,533 SQUARE FEET FOR A CULTURAL CENTER AND CHURCH
17
FACILITIES (500 -SEAT SMALL THEATER / CHURCH FACILITY
18
WITH ACCESSORY USES AND 300 -SEAT BANQUET HALL),
19
64,025 SQUARE FEET FOR RETAIL / COMMERCIAL USE, 19,950
20
SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET
21
FOR PROFESSIONAL OFFICE USE, AND 225 MULTI - FAMILY
22
UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500-
23
SEAT SMALL THEATER USE / CHURCH AND 300 -SEAT BANQUET
24
FACILITY ; PROVIDING FOR WAIVERS; PROVIDING FOR
25 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
26 DATE.
27
28
29 WHEREAS, the City Council, as the governing body of the City of Palm Beach
30 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
31 Statutes, and the City's Land Development Regulations, is authorized and empowered
32 to consider petitions related to zoning and land development orders; and
33
34 WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver
35 from the residential component, thereby allowing a mixed use project to utilize non -
36 residential mixed use intensity measures; and
37
38 WHEREAS, the Growth Management Department has reviewed the proposed
39 master site plan for consistency with the criteria established by the City's
40 Comprehensive Plan to determine the compatibility of the development with the
41 surrounding future land use and /or existing development; and
42
43 WHEREAS, the Growth Management Department has determined that said
44 application, as proposed for development, meets two of the four criteria necessary for
45 the waiver to allow non - residential mixed use intensities within a Mixed Use Planned
46 Unit Development (PUD) project as required by the Comprehensive Plan; and
•
Date Prepared: July 15, 2004
Resolution 92. 2004
i
• 2
1
WHEREAS, the City received petition PUD -01 -13 from Cotleur Hearing, agent
•2
3
for Palm Beach Community Church, for master development approval to allow the
development of 64,533 square feet (500 -seat small theater / church facility with
4
accessory uses and a 300 -seat banquet hall) for a cultural center and church facilities,
5
64,025 square feet for retail / commercial use, 19,950 square feet for restaurant use,
6
10,900 square feet for professional office use, and 225 multi - family units, a Conditional
7
Use (CU) for a 500 -seat small theater and church and a 300 -seat banquet facility, on an
8
approximately 47 -acre site located along the north side of PGA Boulevard between
9
Gardens Square Boulevard and Shady Lakes Drive, as more particularly described
10
herein; and
11
12
WHEREAS, the subject site has been zoned to Mixed Use Planned Unit
13
Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and
14
15
WHEREAS, the Master Development Plan was reviewed by the Planning and
16
Zoning Commission at a public hearing conducted on February 24, 2004; and
17
18
WHEREAS, the 500 -seat small theater / church and a 300 -seat banquet facility
19
have been reviewed as a Conditional Use (CU) and have met the conditional use
20
criteria per Section 78 -52 of the City's Land Development Regulations; and
21
22
WHEREAS, the City Council has considered the evidence and testimony
23
presented by the Petitioner and other interested parties and the recommendations of
24
the various City of Palm Beach Gardens review agencies and staff; and
•25
26
WHEREAS, the City Council has determined that this Resolution is consistent
27
with the City's Comprehensive Plan based on the following findings of fact:
28
29
1. The applicant has satisfied the criteria established in Section 78- 157(g)(1)
30
of the City's Land Development Regulations and Policy 1.1.1.3 of the Land
31
Use Element of the City's Comprehensive Plan for the requested waiver.
32
33
2. The applicant has met the intent of the City's Comprehensive Plan, and the
34
proposed development is consistent with the Comprehensive Plan.
35
36
3. The applicant has demonstrated compliance with the conditional use criteria
37
specific to the proposed conditional uses of the 500 -seat small theater /
38
church and a 300 -seat banquet facility.
39
40
4. The proposed uses are not a detriment to the public safety and welfare
41
within the City of Palm Beach Gardens.
42
43
5. The applicant has provided adequate screening and buffering in order to
44
mitigate the impact of the proposed uses.
45
46
i
• 2
Date Prepared: July 15, 2004
Resolution 92, 2004
6. The proposed uses are in harmony with the general purpose and intent of
2
the Code.
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 City Council hereby approves a waiver pursuant to Section 78-
11
157, Code of Ordinances to waive the mandatory residential requirement. The non -
12
residential waiver is specifically limited to the approved master site plan approved
13
herein and its compatibility with the surrounding area based on the proposed intensities
14
and densities of the development. Any amendments, revisions, and /or redesign of the
15
project shall require a reevaluation of the criteria applied to the proposed amendments,
16
revisions, and /or redesigning of the project.
17
18
SECTION 3. The Master Development Plan application of Cotleur Hearing, agent
19
for Palm Beach Community Church / Borland Center, is hereby APPROVED on the
20
following described real property, to permit the following development:
21
22
• 64,533 square feet for a cultural center and church facilities (500 -seat small
23
theater / church facility with accessory uses and a 300 -seat banquet hall)
24
• 64,025 square feet for retail / commercial use
•
25
26
• 19,950 square feet for restaurant use
• 10,900 square feet for professional office use and 225 multi - family units
27
a Conditional Use (CU) for a 500 -seat small theater / church and 300 -seat
28
banquet facility
29
30
on an approximately 47 -acre site located along the north side of PGA Boulevard
31
between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses
32
for the PUD attached hereto as Exhibit "A ", and subject to the conditions of approval
33
contained herein, which are in addition to the general requirements otherwise provided by
34
ordinance:
35
36
LEGAL DESCRIPTION:
37
38
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
39
EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS,
40
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
41
AS FOLLOWS:
42
43
THAT PART OF THE SOUTHWEST QUARTER (SW '/4) OF SAID SECTION 1,
44
TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST
45
RIGHT -OF -WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM
46
THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
Date Prepared: July 15, 2004
Resolution 92, 2004
1 PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY
•2 OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF
3 GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34,
4 AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER
5 (SW '/,) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A.
6 BOULEVARD RIGHT -OF -WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
7 IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM
8 BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD
9 OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE
10 RIGHT -OF -WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE
11 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
12
13 CONTAINING 2,052,098 SQUARE FEET OR 47.110 ACRES, MORE OR LESS.
14
15 LAND USE /PLANNING
16
17 1. Prior to issuance of the first building permit, the applicant shall comply with Section
18 78 -262 of the City Code dealing with Art in Public Places. The applicant shall
19 provide art on site or make a payment in lieu of art. The Art in Public Places
20 Committee shall review and make a recommendation to the City Council on any
21 proposed art on site. If the applicant is providing public art on site, the art shall be
22 installed prior to the issuance of the first Certificate of Occupancy. (Planning &
23 Zoning)
24
2.
Medical or Dental Office Use is not allowed unless the applicant submits a traffic
•25
26
equivalency analysis for review and approval by the City Engineer and Traffic
27
Consultant. The applicant shall also be required to demonstrate compliance with
28
parking requirements of the City Code. (Planning & Zoning)
29
30 3.
Prior to issuance of a clearing permit, the applicant shall coordinate an on -site
31
meeting with the City Forester to confirm that existing and proposed landscaping,
32
as reflected on the proposed landscape plan, effectively screens all parking areas
33
from any right -of -way, while remaining in compliance with CPTED principals
34
incorporating view corridors for security purposes. (City Forester)
35
36 4.
Prior to issuance of a clearing permit, the applicant shall indicate on the site plan
37
the location of a transit stop and shelter along PGA Boulevard or provide staff with
38
verification that a transit stop is not required. If required by the Palm Beach
39
County Transit Authority, the applicant shall provide an application for
40
administrative approval to approve the location and detailed plans and elevations
41
consistent with Council's past approvals of such shelters and shall be responsible
42
for the construction of said shelter prior to the issuance of the first Certificate of
43
Occupancy. (Planning & Zoning)
44
45
46
0 4
Date Prepared: July 15, 2004
Resolution 92, 2004
5. Within sixty (60) days of the effective date of this Resolution, the applicant shall
2
submit a master signage program for the Planning, Zoning and Appeals Board and
3
City Council review and approval. (Planning & Zoning)
4
5
6.
Prior to the issuance of each occupational license or building permit for interior
6
renovations of tenant spaces, the applicant or its agent shall submit a breakdown
7
by use of the gross square footage for lease for approval by the Planning and
8
Zoning Division. (Planning & Zoning)
9
10
7.
Prior to issuance of the first Certificate of Occupancy, the applicant shall dedicate
11
the posted and viewed Shady Lakes Drive right-of-way to the City of Palm Beach
12
Gardens. (Planning & Zoning)
13
14
LANDSCAPE /BUFFERING
15
16
8.
Within thirty (30) days of the effective date of this Resolution, the petitioner shall
17
revise the master site plan to include an on -site preserve area or an on -site native
18
plant restoration plan to provide on -site preservation area in an approximate
19
location adjacent to Shady Lakes Drive or as acceptable to City staff. The
20
applicant shall complete the planting of the approved area of upland native
21
vegetation based on the restoration plan prior to issuance of the first Certificate of
22
Occupancy. (City Forester)
23
24
9.
Prior to issuance of the clearing (land alteration) permit or first building permit, the
25
project subdivision plat shall be completed, approved by City Council, and
• 26
recorded. The upland preserve area shall be free of any encumbrances, including,
27
but not limited to, road rights -of -way, drainage easements, and /or utility
28
easements and shall bear a conservation easement. (City Forester)
29
30
10.
Within ninety (90) days of the effective date of this approval, the applicant shall
31
provide the City, for review and approval, an upland preserve management plan
32
which details how the preserve will be created /restored and managed. (City
33
Forester)
34
35
11.
Prior to the issuance of the first Certificate of Occupancy, the creation /restoration
36
of the upland preserve area shall be completed and approved by the City Forester.
37
(City Forester)
38
39
12.
The applicant shall be required to provide pedestrian scale (maximum twelve -foot
40
height) lighting along the pedestrian pathways along PGA Boulevard, Garden
41
Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated
42
lighting plan for the meandering pedestrian sidewalk within the parkway /preserve
43
area shall be submitted within thirty (30) days of approval of the date of this
44
Resolution. (Planning & Zoning)
45
46
• 5
Date Prepared: July 15, 2004
Resolution 92, 2004
1
13.
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders of those
•2
3
sections of public rights -of -way adjacent and /or contiguous to the Borland Center
4
for Community Enrichment Planned Unit Development (PUD), including:
5
6
a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the
7
applicant shall pay the City 50% of the total cost of maintenance of the
8
median).
9
10
b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the
11
northern terminus of its property at the time of said approval.
12
13
c. Garden Square Boulevard (west side) from PGA Boulevard to the northern
14
terminus of its property. (City Forester)
15
16
14.
The petitioner, successors, and assigns shall be responsible for the maintenance
17
and installation of the lighting, landscaping, hardscaping, and irrigation of the
18
areas along the adjacent roadways as required by Condition No. 13 hereinabove.
19
(City Forester)
20
21
15.
The applicant shall install the landscaping and irrigation for the PGA Boulevard
22
Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six
23
(6) months of the issuance of the clearing permit, or no further permits or
24
inspections will be issued for the project site until said landscaping and irrigation
25
are completed. (City Forester)
• 26
27
16.
The applicant shall convert the existing on -site PGA Boulevard Parkway irrigation
28
and Shady Lakes Drive irrigation from reclaimed water to a private water source.
29
In the event that the capacity for reclaimed water is available and able to service
30
the subject site, the applicant may convert the systems back to utilize reclaimed
31
water. (City Forester)
32
33
17.
In the event the City of Palm Beach Gardens, or another entity, forms a special
34
district pertaining to the landscape maintenance of contiguous rights -of -way, then
35
the Borland Center for Community Enrichment property owners association,
36
successors, or assigns shall automatically become a member of such special
37
district. This condition may be amended at any time by separate agreement
38
between the applicant and the City of Palm Beach Gardens. (City Forester)
39
40
41
42
43
44
45
46
•
0
1]
•
Date Prepared: July 15, 2004
Resolution 92, 2004
ENGINEERING/TRANSPORTATION
3 18. Prior to construction plan approval, the applicant needs to identify existing and
4 proposed handicap ramp locations on the construction plans. Handicap ramps
5 shall be provided at all sidewalks that intersect curbing along handicap- accessible
6 routes as required by ADA. The handicap ramps shall be labeled with the curb
7 ramp number from FDOT Index #304, and the applicant shall provide a detail of
8 each proposed curb ramp type. (City Engineer)
9
10 19. Prior to the issuance of the first building permit for any structure, the applicant
11 shall provide surety, acceptable to the City, for the construction of the public
12 improvements. The applicant shall provide an annual evaluation and adjustment
13 of the surety for the public improvements to account for inflation and fluctuations of
14 construction costs. The annual evaluation and adjustment shall be performed
15 prior to the anniversary of the Development Order approval of each year. (City
16 Engineer)
17
18 20. No construction or land alteration of any portion of the surface water management
19 system shall be undertaken until an environmental resource permit for construction
20 and operation of the Surface Water Management System, or portion thereof, is
21 issued by the South Florida Water Management District. (City Engineer)
22
23 21. The applicant shall copy to the City all correspondence to and from the South
24 Florida Water Management District regarding the Surface Water Management
25 System. (City Engineer)
26
27 22. The construction, operation, and /or maintenance of any elements of the subject
28 project shall not have any negative impacts on the existing drainage of
29 surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail,
30 and PGA Boulevard during construction. If at any time during the project
31 development it is determined by the City that any of the surrounding areas are
32 experiencing negative drainage impacts caused by the project, it shall be the
33 applicant's responsibility to cure said impacts in a period of time and manner
34 acceptable to the City prior to additional construction activities. (City Engineer)
35
36 23. All areas designated for maintenance of the Surface Water Management System
37 shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than
38 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the
39 maintenance areas in a manner that will in any way restrict, impede, or otherwise
40 limit the use of these areas for this intended purpose. (City Engineer)
41
42 TRAFFIC
43
44 24. The Build Out date is December 31, 2004. (Planning & Zoning and City Engineer)
45
46
Date Prepared: July 15, 2004
Resolution 92, 2004
1 25. The applicant shall submit any /all requests for build out date extensions to the
2 Palm Beach County Traffic Division and the City of Palm Beach Gardens for a
3 coordinated review and approval. (City Engineer)
4
5 26. Prior to any future amendments that increase the building area, the applicant shall
6 submit an updated traffic analysis to the Palm Beach County Traffic Division and
7 the City of Palm Beach Gardens for a coordinated review and approval. The
8 analysis shall utilize actual traffic counts generated at the time of the amendment
9 and during the peak season if the amendment is submitted off season. If
10 requested by the City, the analysis shall include an updated traffic management
11 plan. (City Engineer)
12
13 27. Prior to any future amendments, the applicant shall permit the City access to the
14 site in order to perform traffic counts. (City Engineer)
15
16 28. Upon receipt of this development order and continuing through substantial
17 completion of construction, the petitioner shall bi- annually provide the City with a
18 status report on all the approved elements of the PUD, including a summary of
19 completed construction and schedule of proposed construction over the remaining
20 life of the development order. (Planning & Zoning and City Engineer)
21
22 29. Prior to the issuance of the first building permit or within six (6) months from the
23 effective date of this approval, whichever is earlier, the applicant shall enter into a
24 Public Facility Agreement (PFA) with Palm Beach County for funding of the
25 roadway improvements, in a form acceptable to the County Engineer, for all non -
26 assured construction. (City Engineer)
27
28 30. The County traffic concurrency approval is subject to the Project Aggregation
29 Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer)
30
31 31. The applicant shall signalize the intersection of Shady Lakes Drive and PGA
32 Boulevard within twelve (12) months of the date of this development order. The
33 signal shall be installed to be fully operational, including all appropriate lane
34 geometry (as determined by Palm Beach County and the Florida Department of
35 Transportation), pavement markings, signage, and lighting. The signal shall be
36 made active once the intersection warrants a signal and meets the approval
37 requirements of Palm Beach County and the Florida Department of
38 Transportation. (City Engineer)
39
40 32. Commencing after the issuance of certificates of occupancy for 75% (154 dwelling
41 units) of the residential units or 75% of the approved non - residential square
42 footage in the project, whichever occurs first, the applicant shall perform and
43 submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes
44 Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The
45 methodology of the traffic analysis shall be determined by the City Engineer. The
46 annual traffic analysis shall be conducted until such time as signals are warranted
• 8
Date Prepared: July 15, 2004
Resolution 92, 2004
43
44
45
46
I�9
1
at the above - described intersections or until two (2) years after issuance of
•
2
3
certificates of occupancy for 90% of the total approved square footage (i.e.,
residential and non - residential) of the project. (City Engineer)
4
5
33.
The City shall reimburse the applicant for the cost of the signal and installation to
6
the extent that the City collects pro -rata funds from other new developments
7
having an impact on the intersections. (City Engineer)
8
9
34.
Prior to the issuance of the first building permit, the applicant shall post a bond or
10
other surety acceptable to the City in an amount equal to 110% of the cost, as
11
determined by the City Engineer, to install a traffic signal at the intersection of
12
Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the
13
signal is installed and accepted as required in Condition #32 hereinabove. (City
14
Engineer)
15
16
35.
At such time as a signal warrant analysis demonstrates that a signal is needed at
17
Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety
18
acceptable to the City in an amount equal to 110% of the cost, as determined by
19
the City Engineer, to install a traffic signal at that intersection. (City Engineer)
20
21
MISCELLANEOUS
22
23
36.
The proposed master site plan does not provide for outdoor dining areas that
24
expand the service abilities of the restaurant uses. Requests for outdoor seating
•25
26
areas with service shall be reviewed as an application for administrative approval
to the Growth Management Department and shall be required to include a traffic
27
equivalency analysis showing the proposed expansion of the restaurant use for
28
review and approval by the City Engineer and Traffic Consultant. The applicant
29
shall also be required to demonstrate compliance with the parking and outdoor
30
seating requirements of the City Code. (Planning & Zoning)
31
32
37.
Required digital files of the approved plat shall be submitted to the Planning and
33
Zoning Division prior to the issuance of the first building permit, and approved civil
34
design and architectural drawings shall be submitted prior to the issuance of the
35
first Certificate of Occupancy. (GIS Manager and Development Compliance
36
Officer)
37
38
38.
Prior to the issuance of the first building permit, excluding the clearing permit, the
39
master property owners association documents and restrictions shall be furnished
40
by the applicant to the City Attorney for review and approval prior to such
41
documents being recorded in the Public Records of Palm Beach County. (City
42
Attorney)
43
44
45
46
I�9
Date Prepared: July 15, 2004
Resolution 92, 2004
39. Prior to issuance of the first building permit, the petitioner shall submit to the City
2
Attorney and the Planning and Zoning Division documents demonstrating unity of
3
control by the petitioner or the property owners association over the entire PUD.
4
(City Attorney)
5
6
40.
The petitioner shall preserve all required upland preserve set aside, no less than
7
4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances,
8
including, but not limited to, road rights -of -way, drainage easements, and /or utility
9
easements. Provided, however, that the petitioner may provide no more than 3.39
10
acres of the required upland mitigation off site, subject to approval by the City
11
Council of a separate instrument and subject to conditions, including, but not
12
limited to, the following: the location, ratio, and management. If off -site mitigation
13
is provided, the petitioner shall be required to preserve /restore the 0.94 -acre area
14
east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20,
15
2004. (Planning & Zoning)
16
17
41.
In the event that off -site mitigation is provided through a conservation easement
18
and the underlying property is conveyed to the South Florida Water Management
19
District or other entity, the petitioner, successors, and assigns shall be responsible
20
for paying the City $250,000 for money in lieu of off -site mitigation within ninety
21
(90) days of the sale date. The petitioner shall, prior to the issuance of the first
22
building permit, post a bond or other surety acceptable to the City to secure this
23
obligation. (Planning & Zoning)
24
25
26
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
27
42.
Lighting shall not conflict with landscaping, including long -term tree growth. (Police
28
Department)
29
30
43.
All lighting for parking lots, parking garages, and pedestrian walkways shall be metal
31
halide. Metal halide lighting shall be used for the multi -use pathways, and sidewalks
32
within the site shall be lit at a minimum of 0.6 -foot candles with 12 -foot high
33
pedestrian scale lighting. (Police Department)
34
35
44.
Building lighting shall be installed around the entire building perimeter and on
36
pedestrian walkways. No glare lighting shall be used. (Police Department)
37
38
45.
Entry signage shall be lighted. (Police Department)
39
40
46.
Timer clock or photocell lighting shall be provided for nighttime use above or near
41
entryways and all exits including emergency exits. (Police Department)
42
43
47.
Numerical addresses shall:
44
45
a. Be illuminated for nighttime visibility and be unobstructed.
46
Ol 10
Date Prepared: July 15, 2004
Resolution 92, 2004
'� 11
1
b. Have bi- directional visibility from the roadway.
2
3
c. Be placed at the front and rear of each business. (Police Department)
4
5
48. All structures shall use the following target hardening techniques:
6
7
a. Buildings shall be pre -wired for an alarm system.
8
9
b. Doors shall be equipped with metal plates over the threshold of the locking
10
mechanism.
11
12
c. Glass perimeter doors shall be equipped with case hardened guard rings to
13
protect the mortise lock cylinder.
14
15
d. Rear doors shall have 180 - degree peephole viewers.
16
17
e. All perimeter doors shall be equipped with hinges that utilize non - removable
18
hinge pins. (Police Department)
19
20
49. Exterior roll -up doors shall be target hardened. (Police Department)
21
22
50. If the applicant proposes the installation of an ATM, security shall be achieved by
23
using the following techniques:
24
25
26
a. Visible from roadway(s).
27
b. Not obscured by any landscaping or other fixed object that would prevent clear
28
visibility.
29
30
c. Install a slow speed video camera that is recording 24 -hours a day.
31
32
d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of
33
video recording.
34
35
e. Install and strategically place a convex mirror to allow operator of the ATM to
36
identify any approaching person(s) and /or potential suspect(s).
37
38
f. Comply with Section 655.960 -965, Florida Statutes, relating to ATMs. (Police
39
Department)
40
41
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
42
hereby approves the following seven (7) waivers:
43
44
1. Section 78- 344(1)(1), Minimum Dimensions, to allow for 9 feet wide parking stalls
45
within the parking deck only and 9.5 feet for the area on the north side of the
46
residential buildings.
'� 11
Date Prepared: July 15, 2004
Resolution 92, 2004
0 12
1
2.
Section 78- 250(a)(3), Preserve area requirements, to allow for a reduction in the
2
3
preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes
Drive.
4
5
3.
Section 78- 320(a)(4), Foundation Landscaping and Plantings, to allow for limited
6
use of foundation plantings throughout the site.
7
8
4.
Section 78- 364(a), Dimensions of Loading Spaces, to allow for only four reduced -
9
width loading spaces to be used in accordance with the loading management plan
10
provided by the applicant.
11
12
5.
Section 78- 344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25-
13
feet side travel aisles throughout the parking garage.
14
15
6.
Section 78- 508(b), New Intersections, to allow for a reduced separation distance
16
of 125 feet between the southern -most ingress /egress point of the site and Garden
17
Square Shops driveway.
18
19
7.
Section 78- 250(a), Preserve area requirements, to allow for off -site mitigation in
20
lieu of on -site preserve area for 1.57 acres of the required set aside to a 3.39 -acre
21
site.
22
23
SECTION 5. This PUD approval shall be in compliance with the following plans
24
on file with the City's Growth Management Department:
25
26
1.
Cover Sheet, 04.20.04, Cotleur- Hearing, Sheet 1 of 11.
27
28
2.
Master Site Plan, 04.20.04, Cotleur- Hearing, Sheet 2 of 11.
29
30
3.
Land Use Plan, 04.20.04, Cotleur- Hearing, Sheet 3 of 11.
31
32
4.
Thoroughfare Plan, 04.20.04, Cotleur- Hearing, Sheet 4 of 11.
33
34
5.
Site Plan, 04.20.04, Cotleur- Hearing, Sheet 5 of 11.
35
36
6.
Site Plan, 04.20.04, Cotleur- Hearing, Sheet 6 of 11.
37
38
7.
Site Details, 04.20.04, Cotleur- Hearing, Sheet 7 of 11.
39
40
8.
Enlarge Hardscape Plan, 04.20.04, Cotleur- Hearing, Sheet 8 of 11.
41
42
9.
Landscape Plan, 04.20.04, Cotleur- Hearing, Sheet 9 of 11.
43
44
10.
Landscape Plan, 04.20.04, Cotleur- Hearing, Sheet 10 of 11.
45
46
11.
Landscape Details, 04.20.04, Cotleur- Hearing, Sheet 11 of 11.
0 12
Date Prepared: July 15, 2004
Resolution 92, 2004
1
12.
Pedestrian Circulation Plan, 04.20.04, Cotleur- Hearing, Sheet 1 of 1.
•2
3
13.
Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5
4
Sheets.
5
6
14.
Retail Building 'C', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C.
7
8
15.
Retail Building D', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D.
9
10
16.
Retail Building 'E', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E.
11
12
17.
Retail Kiosk 'A' & 'L', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01
13
A/L.
14
15
18.
Retail Building 'F', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F.
16
17
19.
Retail Building 'H', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H.
18
19
20.
Retail Building 'J', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J.
20
21
21.
Retail Building 'K', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K.
22
23
22.
Retail Building 'M', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M.
24
25
26
23.
Retail Building 'N', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N.
27
24.
Retail Building 'O', 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 O.
28
29
25.
Cabana /Garages / Pavillion, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet
30
A3.01 CGP.
31
32
26.
Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS-
33
1).
34
35
27.
Residential Building 'R1' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
36
Marc Wiener, Sheet A2.01 R1 through A2.03 R1 & A3.01 I.
37
38
28.
Residential Building 'R2' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
39
Marc Wiener, Sheet A2.01 R2 through A2.03 R2 & A3.01 R2.
40
41
29.
Residential Building '133' Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
42
Marc Wiener, Sheet A2.01 R3 through A2.03 R3 & A3.01 R3.
43
44
30,
Photometric Plans, 03.12.04, Brannon & Gillespie, EP -1 through EP -7.
45
46
SECTION 6. This Resolution shall become effective immediately upon adoption.
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Date Prepared: July 15, 2004
Resolution 92, 2004
1 PASSED AND ADOPTED this -5-"' day of , 2004.
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5 CITY OF PAL
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8 BY:
9 rlc
10 ATTEST:
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13 BY:
14 Patricia Snider, City Clerk
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17 APPROVED AS TO FORM AND
18 LEGAL SUFFICIENCY
19 /20 -
21 BY:
22 ristine P. Tatum, City Attorney
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26 VOTE: AYE NAY ABSENT
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28 MAYOR JABLIN ✓
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30 VICE MAYOR RUSSO
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32 COUNCILMEMBER DELGADO ✓ __
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34 COUNCILMEMBER LEVY
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47 \\pbgsfile\Attomey\attorney_ share \RESOLUTIONS\bodand center - reso 92 2004 - REVISED.doc
• 14
ENS, FLORIDA
�.f v Homeowners Assoclaflon
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council and Planning and Zoning members
Subject: Violation of our legal rights in regards to Borland Development request for non - compliance
to Resolution 92, 2004
Date: February 9, 2006
The Shady Lakes Home Owners Association (HOA) Board of Directors was looking for the PBG
Planning Staff report in regard to the subject property. It was felt that our rights were being
jeopardized because of the lack of this report being issued prior to the February 14, 2006. In
searching the Land Development regulations for the requirement to issue such a report in a timely
manner the following additional LDR sections were identified that lead us to believe our legal rights
are being violated.
LDR Section. 78 -6. Interpretation and conflict.
`(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul any
other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict with these
provided for in this chapter. Where any provision of this chapter imposes restrictions different from those
imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of
law, the provision which is more restrictive or imposes higher standards will control."
LDR Section. 78-49. Amendments to approved development orders.
"(b) Major amendments. Development order applications for major amendments are reviewed in the same
manner as the original application. Major amendments to approved development plans include the changes
listed below.
(13) Changes to developer's agreements. Any changes to an approved developer's agreement."
LDR Section. 78-43. Review of applications for development order approval.
"(a) Compliance: 2) Public hearings and workshops. All applications for development orders to consider
rezonings, major conditional uses, development order amendments, and land development regulations text
amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and
the city council. Prior to scheduling a public hearing, the growth management department staff may schedule
one or more workshops to review the application with the planning, zoning, and appeals board. "
LDR Section. 78-43. Review of applications for development order approval. Table 2: Development
Review Schedule requires the following actions: 1) Pre -App, 2) Submit Application, 3) Sufficiency Review, 4)
DRC Review, 5) DRC Approval /Certification, 6) PZAB Workshop, 7) PZAB Public Hearing, 8) Council First
Reading, and 9) Council Second Reading
The HOA has begun the LDR section of this letter of complaint with LDR 78 -6 so as to point to the
most restrictive Ordinance thus discarding any conflicting Ordnance that may exist.
The Borland Developmental Order proposed amendment is considered a "DO Major Amendment'
per LDR 78-49 and the PBG Planning Staff. The planning process that has been initiated by the
Planning Staff would probably have already been completed if this change were considered a minor
amendment.
LDR Section. 78 -43. Review of applications for development order approval, Table 2 clearly identifies
the nine (9) steps required to obtain an approval or denial from City Council. Unless the City can
provide documentation to the HOA that all the required steps have transpired this upcoming P &Z
meeting must be postponed.
The Shady Lakes Home Owners Association (HOA) Board of Directors request the City to voluntarily
do the proper thing and cancel the February 14, 2006 as not to violate our rights.
The HOA was also informed by one of our residents that the "Affidavit of Property Owners" submitted
in behalf of the Borland project is missing the single largest Property owner that is directly impacted
by both the landscaping and traffic light issue. Parcel Control Number 52- 42- 42 -01 -04 -0000, which is
for the Publix/Cafe Chardonnay Plaza was omitted from the list although many property owners not
within 500' of this development were included in this listing. The omission of any property owner
invokes LDR 78- 54(e), "Failure to Provide Notice ". This LDR section states:
"Failure to comply SHALL result in an automatic postponement of the application"
In conclusion the HOA believes our rights are being violated and require this situation be immediately
rectified. The Board has voted to take the required measures to protect the interest of the residents
of Shady Lakes.
Please maintain this letter and any staff's response to this letter, if applicable, as a permanent record
in the Borland project file.
Thank you for your consideration in this matter.
Yours try ,, -�
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Bamett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P &Z Chairman
Mr. Barry Present, P &Z Vice Chairman
Mr. Michael Panczak, P &Z member
Mr. Dennis Solomon, P &Z member
Mr. Randolph Hansen, P &Z member
Mr. Jonathon Rubins, P &Z member
Mr. Douglas Pennell, P &Z member
Joy Hecht (1 st Alt.)
Amir Kanel (2nd Alt.)
City of Palm Beach Gardens Attorney
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director
Mr. Brad Wiseman, City of Palm Beach Gardens Planner
PGA Corridor Residents Coalition Officers
6 W7-J
_
Homeowners Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council members
Subject: Response to Charles Wu letter dated January 25, 2006 in regards to the Borland
Development
Date: January 30, 2006
This letter is in direct rebuttal to the City of PBG letter dated January 25, 2006 and authored by
Charles Wu.
To start this letter I have included direct excerpts from the codes and Borland Development
Order (which have not been modified from the as written verbiage!!)
LDR Section. 78 -6. Interpretation and conflict.
"(b) Conflict with other public provisions_ This chapter is not intended to interfere with, abrogate or annul
any other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict
with these provided for in this chapter. Where any provision of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or
other provision of law, the provision which is more restrictive or imposes higher standards will
control. "
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure to
comply with one or more time requirements or failure to comply with a condition of development
approval."
LDR Section 78- 158(d). "Prohibited waivers: The waivers listed below shall not be granted by the City
Council.
(2) A waiver from the minimum requirements for preservation pf environmental sensitive lands as
provided in division 4 of article V. "
LDR Section 78 -250. "Preserve Area Requirements. (See Preserve Area Dialog)
a) Minimum requirements. The minimum requirements listed below shall apply to all required
preserve areas for environmentally significant lands.
(3) Minimum dimension and total area.
(a) The minimum length or width dimension of all required preserve areas shall be at least 100 feet,
except for preserve areas for historic or specimen trees when a smaller size may be appropriate. "
Resolution 92, 2004 Condition 9 (See Preserve Area Dialog)
"Prior to issuance of the clearing (land alteration) permit or first building permit, the project subdivision plat
shall be completed, approved by City Council, and recorded. The upland preserve area shall be free of
any encumbrances including, but not limited to, road rights -of -way, drainage easements, and /or utility
easements"
Resolution 92, 2004 Waiver 2 (See Preserve Area Dialog)
"Section 787- 250(a) (3), Preserve area requirements, to allow for a reduction in the preserve area width
from 100 feet to 80 feet in the preserve along Shady Lakes Drive.
Before I start, please answer the following. Are the above passages correct or is there an
approved version of those passages that is not publicly available or a secret version not
available to the public? If the above passages are correct as written then I challenge the City
Council Member to read the passages in relation to the answer provided by Mr. Wu. When you
read the passages I am sure you will agree Mr. Wu's responses do not reflect what the written
words have stated.
Preserve Area:
LDR 78 -250 Section (a), Minimum Requirements. This Section "a" has 4 sub - sections. Sub-
section (3) labeled "Minimum Dimension and Total Area" was violated by allowing Resolution
92, 2004, Waiver 2. Again, waivers are not allowed to LDR 78 -250 Section (a), Minimum
Requirements.
In Mr. Wu's response on this issue, Mr. Wu choose to only mention 1/7 th of only one sub-
section to LDR 78 -250 Section (a), Minimum Requirements. His interpretation is flawed,
improper and designed to give undue benefit to the developer at the expense of the
environment and the existing residents of the City. I will not debate that other provisions in the
land development regulation may contradict this LDR Section because if they would exist, they
would not be germane. (LDR 78 -6 has been supplied in this document which requires the most
restrictive or imposes a higher standard code be followed in the event of conflict)
I challenge the City Council and Planning and Zoning members to look at the written word for
prohibited waiver and compare the language of LDR Section 78- 158(d). "Prohibited waivers" with
Mr. Wu's response. You will notice that Mr. Wu embellished and added verbiage that did not
exist to suit the point he was making.
This is probably the most critical deficiency with the Borland site and Shady Lakes Board of
Directors shall take whatever actions are required to insure this violation is corrected.
Preserve Encumbrances:
In Mr. Wu's response he totally ignored the language of Waiver 2 allowing for an 80' wide
preserve. This waiver #2 did not allow for less than 80' or allow a water retention pond to
protrude into this preserve. I would like the City Council to answer the question if you were
owed $80 by someone and had a contract for payment of the owed $80 would you accept $9 as
full payment? This concept is what Shady Lakes Development is being asked to accept.
When Mr. Wu answered my letter he was kind enough to include the verbatim transcript for the
August 5, 2004 City Council meeting. Not only did Council approve the written words for 80
feet without encumbrance there was extensive dialog on this subject (see attached full page
excerpts). Council was not comfortable in regards to this issue and when you review the
attached sheets I know you will agree.
Mr. Wu's response directs your attention to the Borland Plat. I want to point out that Council
only approved the written words in Resolution 92, 2004 (August 5, 2004). The Plat was not
submitted to council until many months after the resolution was approved. The developer had
an obligation to reconcile the Plat to the written words of Resolution 92, 2004 but did not. I
would also like to remind Council that the Borland Plat was a consent agenda item that Council
was ready to rubber stamp until opposition was voiced. The issue of what the Plat shows or
does not show is a ploy to divert the issues at hand.
City Council granted a waiver (violating a prohibited waiver code) to allow for an 80 -foot
preserve. The Borland Plat currently has isolated preserve areas that are in non - compliance
with the minimum 100 feet requirement that Council is prohibited from waiving and do not even
conform to the forbidden waiver #2.
Settle Agreement:
I am going to put some bulleted issue down and I want City Council to correct these bullets if
they are untrue:
• City Council required the developer to meet with neighboring communities and attempt
to resolve our issue.
• Council pleaded with neighboring communities to try to come to an agreement with the
developer
• Council told the developer not to come back to Council unless they meet with
neighboring communities
• Council praised the agreement and openly stated in the Council chambers that this
agreement was one of the reasons they would vote on the Borland Development
In Mr. Wu's response he stated, "The City was not party to," This is an absolute breach of trust
on behalf of the City. The City required average citizens to negotiate with sophisticated
development professional and now the City is saying, "You are on your Own ".
The City had imposed the same negotiation mandated requirements on other communities
including the neighboring communities to Christ Fellowship Church, Winchester Courts, Sabal
Ridge, etc. Does the City plan on using the same methodology on those communities if the
developer faults on the agreement and simply turn your backs on the existing residents of the
City?
Although this maybe a legal position and defendable in court it certainly is not an ethical
position in my opinion.
Traffic Light
There were 66 accidents between Military Tr and Central Blvd from August 12005 and January
24, 2006. This is a very busy section of PGA Blvd and a working traffic signal is long overdue
(August 12005 was the deadline for installation). Again RAM has ignored their responsibities
and has put drivers, bikers and walkers lives at risk and the city in a possible liability situation.
Borland, RAM or the city has shut down the sidewalk on PGA Blvd between Shady Lakes Blvd
and Garden Square thereby forcing Gardens High students to run across PGA Blvd to the
sidewalk in front of PGA Commons or worse yet to walk or ride in the bike lane against the
oncoming traffic. This is an unacceptable situation; please see that it is corrected before there is
a tragedy.
In addition American Construction a contractor performing work at the Borland site has brought
a tanker truck into Shady Lakes, taken off the storm sewer grate and extracted water for use
on the Borland site. Their truck has been parking on our grass. I asked code enforcement to put
a stop to this which they thought they did, only to have American tank truck back again on
January 30, 2006.
I don't know who is responsible for enforcement of the development order and the
administration of punishment for all these violations but someone must take responsibity and
take the proper action.
In conclusion the Board has voted to take the required measures to protect the interest of
residents of Shady Lakes. Shady Lakes request the City to correct the above described defects
in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staff's response to this letter as a permanent record in the
Borland project file.
Thank You for your consideration in this matter.
Yours Truly
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor, w /att
Mr. Eric Jablin, City of Palm Beach Gardens Vice - Mayor, w /att
Mr. Hal Valeche, City of Palm Beach Gardens Councilman, w /att
Mr. David Levy, City of Palm Beach Gardens Councilman, w /att
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman, w /att
Mr. Craig Kunkle, P&Z Chairman, w /att
Mr. Barry Present, P&Z Vice Chairman, w /att
Mr. Michael Panczak, P&Z member, w /att
Mr. Dennis Solomon, P&Z member, w /att
Mr. Randolph Hansen, P&Z member, w /att
Mr. Jonathon Rubins, P&Z member, w /att
Mr. Douglas Pennell, P&Z member, w /att
Joy Hecht (I st Alt.), w /att
Amir Kanel (2nd Alt.) , w /att
City of Palm Beach Gardens Attorney, w /att
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director, w /att
Mr. Walter Schmidt, Garden Lakes Board of Directors, President, w /att
PGA Corridor Residents Coalition Officers, w /att
Attachment: Charles Wu letter dated January 25, 2006
City Council August 5, 2004 verbatim transcript
Borland Public Hearing
Page 17 Page 23
1 80 foot buffer, that oaunot be nUt3gated off -site.
2 71tis is the t =ew site plan that you bane
3 in your packets. Tbis is the urea wbae they're
4 proposing to place the upland preservation. It
5 witl be an area of restoration. They're providing
6 a restoratioc plan for this. site, It will provide
7 additional buffering for the Shady Lakes Drive.
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Other than that, there are no amendments or
changes to the actual site phm-
11my axe mquesting eight approvals. At
the lastmeoting we did support their request to
do off -ape mil p*m boca us Stay wee* proposing
a hundred perccmt off-site mitigatim. New the
applicant has provided soma oa -slto uVand
preservatlOII. We are soppactiag the request f)r
of -Ate mitigation.
We also am supporting their waiver to
reduce the puking bat dimensions from 10 by eight
18 and a belf inches, which to required by dodo,
to nine by 18 and a half for the tesidantial, for
the paddag dcpfit and nine and a half by 18 sad a
half for the realdentlal. This is a one-toot
waiver for the parking depth, and half a foot for
the residential We also -- there was a waiver,
there was an tssua with wheel stop. This is no
Fogs 15
1 They're proposing 64,075 square feat for
2 retail space on the site, 19,950 square, feet fot
3 restaurant spaoe,1090 square feet for office
4 space and 225 residental units.
5 Previously thwa -w a3 the major issue of
6 mitigation. the applicant at The last tuna did
7 provide for some mitigation Dim:x$e, -WMcb is whit
8 staff's main resistance was to the project. 'Mey
9 did not provide fcw any on -site mitigation of
10 their upland preserve cequire-meat At this time
1 i tbeyire proposing a 80 foot wide upland preserve
12 area ca the west slda of the project whisk vt M
13 provide for buffers to be adjac eM to reaieteada!
14 caimmunides and provide for some on -sits
15 rnidgadkoa
16 'the commission has provided development o@'
17 the Bee Lin* Mghwsy be available for a portion of
18 the gland preserve requirement. Tbey5re
19 propossng to do off-she mitigation forth*
20 remainder of the requirrment. Staff supports the
21 proposed mitigation for the following remca.
W. Off -site mldgation shall be in addition to
23 the preserve, restoration of the pofnt four nine
24 nare on the site, east al Shady Lakes as depicted
25 on tho master alto plan. An on -site preserve with
1 thing for Dariint Village, we. dM a preserve typo
2 area aatil they provided off-site.
3 M. I. M: I see Marie In there. Can I ask
4 him a real quick question? Point mate four acres
5 seems awfuily small. is it going to be a large
6 tuough area to provide a wildlife corridor?
7 MR. MARK: Out minimurtt width for wildlife
S corridors is a hundred, they're proposing 80. 1
9 would PMfM a hmtdre4 to meet the question that
10 you proposed, but we am willing to accept 80
11 sine* we're gettitag mote land off-stte also, So
12 it win be umm of a, of a stimmoed down version of
13 the corridor.
14 MR. LUVY: Tbat.'s going to be tnongb width
15 to facilitate wildlife? We're going to Lay* birdis
16 nn d oilier types of wildlife? It seems lltb a very
17 narrow c orddw.
18 WM MARK: We world pmfer a hid,
19 they'a*off"iV9so.
20 ate. LAW: May,
21 )M. DEMADO: We're satisfied with the 80
22 based on the fact they're mitigating off -slta?
23 Are you olray with 8o?
24 MR. MARK: Yea.
25 14195. DMOADO: Yo u'x*. comfortable with that?
page 40
1 hest that yon folks hfive that, that says the
2 current policy aucouragcs the applicant to
3 pwmrva at less 50 percent of the required 2.3
4 acres on-a lte. Currently staff is drafting an
5 aaneadment to the environments) nts) regulations pottIon
6 of the C4ty"s LDR to roqulrn a minimum on -site
7 preservation of 50 percent of the required 25
8 percent
9 Now, the citizen that brought forth the
18 fact at was 't 2.73 acre, it Was 4.3 was me. Now,
11 if you take their .numbers and you apply this, they
12 atenk oven' coming close to patting on, which
13 would take care of your probimn, Mr. IAvy, that 80
14 foot isa't enough. 7hey'vo got to comb up with
15 about 2.37 acres on site to accommodates what this,
16 wbat your — what — first off, it says
17 comprehensive plan, it's again here.
18 Now, in the LDR, the other comprehensive
19 plan. there is a paragraph in there that says, you
20 cannot go to the LDR to take .and give use9, you
21 can only use the comprehensive plan. — - --
-23 - '� AW ttxba they *Laid they wora aliawad to
23 take and pert In residential because they could put
24 is institutional. 1 gave ym folks a copy of What
25 the definition of institutional Is and you can't
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City Council August
Borland
5, 2004 verbatim transcript
Public Hearing
_Page 49
We've closed the public bearing. Back up for
discussion. Any discussion ?.
MR. LEVY: Ion a lltfle concerned about the
wildlife corridor being 80 feet. I guess we're
not -- I don't think that's relevant right now.
MS. DM,GAI)O: Ihave no questions.
MAYOR JABLIN: Okay. 1% entertain a
motion to place ordinance 13 in session.
]SIR. LEVY: I'll make the motion.
MAYOR JABLIN: III second it.
CTfY ATI'ORNHY: Make sure the motion is
read into record, Terra's changes related to the
incsaase.
MAYOR JABLIN: Yes. That was a separate
resolution.
W, DELGADO: Just for the sakes_ of clarity
and I know that, that Tara did a wonderful job
explaining, just so I'm clear with 14 and Iwould
like the attornoy to just enter that this Is logal
for me to vote on, Na not voting on something
that we're doing anything illegally. I know, as
we've mentioned earlier, you know. Tara clarified
it, I'm voting on it
QTY ATTORNEY: If you`re asking whether
Us is cousistont with the City Coxmci s plan as
Pago SU
1 it has bears reviewed, and it has been determined
2 %bat it's ccnsistmiwith the plan.
3 hM. DEWADO: Thank you, ma'am.
4 TIM MAYOR- Move, to second? All In favor?
5 It passes. Any nays? Okay. It passes.
6 Next is Resolution 92 2004, we had a
7 presentation on it. Are there afly questions?
8 MR. ROYCE: Mr. Mayor, could I point one
9 thing out, I don't know if it's appropriate or
10 not, since Mr. L4vy has raised s question. If I
11 could briefiy respond to it?
12 MAYOR JABUN: Okay,
13 W. ROYCU In pddltion to the 80 foot
14 buffer there is also 80 foot set aside. There is
15 an additional 20 foot buffer that has been
16 provided and we're provf ding Iandscaping in that,
17 and landscaping at Shady Lakes and landscaping In
18 the median and so forth. So I think frankly there
19 Is a great deal of cubancemont theca, and, of
20 aovr:ae, wo'll be planting a tot of trees and so
21 fortis on the site, I doul want to get into a
.22. -._. ,__ •�Lscusalciriorxr an' �t }i:yUii- �ii�rulWflcllifeJ_.._ .
23 because you'rn the wEpert and Pm not_ I simply
24 would pofat out that I think w64e ping to have
25 an adupnto amount of buffer there, 80 phis 20
CITY PALM, BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
January 25, 2006
Steve Barnes
Shady bakes Board of Directors, President
Homeowners Association
1011 Shady Lakes Circle North
Palm Beach Gardens, FL 33418
Response to: Letters dated January 12, 2006 & January 15, 2006
Dear Mr. Barnes:
The City is in receipt of your letters dated January 12, 2006, and January 15, 2006, concerting
the Borland Center P1JD and offers the following responses:
Public Hearings
The applicant for the Borland Center PUD filed an amendment to their development order on
December 29, 2005, requesting to amend certain conditions of approval. This application was
scheduled for public hearings before the PZAB on January 24, 2006, and the City Council on
February 2, 2006. In accordance with Section 78 -54, Code of Ordinances, the applicant is
required to satisfy the public notice requirements, which consist of mailing notices, posting of
property, and bearing the cost of the newspaper advertisements placed by the City.
While deadlines for the mailers and newspaper advertisements were met for the public hearing,
staff received the applicant's affidavit attesting to the posting of the property on January 13,
2006. The affidavit notified staff that the signs were posted on January 12, 2006, which is only
12 days before the PZAB public heating. Since the signs were not installed at least 15 days prior
to the PZAB public hearing, staff removed the item from the PZAB and City Council agendas.
Please note that this application is currently scheduled for public hearings before the PZAB on
February 14, 2006, and the City Council on March 2, 2006. These public bearings will require
new notices to be mailed, new Palm Beach Post advertisements, and posting of the property in
accordance with Section 78 -54, Code of Ordinances.
Bnvirorunental Set -Aside
Section 78 -158 (d) (2)1 Code of Ordinances, prohibits waivers from the minimum requirements
for the preservation of environmentally sensitive lands, which requires a minimum 25% set -
aside. Please be advised that no waiver was granted to the 25% environmental set -aside
requirement.
The Land Development Regulations allow the City Council flexibility in approving the size of
preserves. Section 78 -250 (a) (1) (d.), Code of Ordinances, states:
Page 2 of 3
Lotter to Shady Lakes HOA
The City Council shall have the authority and flexibility to define the preserve area
boundaries or adjust the size of such boundaries.
Please be advised that Resolution 92, 2004, Condition 40, allows the City Council to approve the
mitigation of 3.39 acres of preserve off -site, through separate resolution. On February 18, 2005,
the City Council adopted Resolution 10, 2005 (Tease see attached), which approved the off -site
mitigation of 3.39 acres of upland preserve (.94 acres on- site). The environmental assessment
completed for the site yielded 4.33 acres of environmentally significant lands required to be
preserved. Section 78 -249 (b), Code of Ordinances, allows off -site mitigation for required
preserves less than 10 acres in size. Please be advised that this code section states:
If listed species do not exist on the site, or on -site preservation would yield a preserve
area that is less than the preferred minimum of ten acres, or unavoidable impacts to
wetlands occur, an alternative form of mitigation acceptable to the City Council may he
implemented consistent with Section 78 -252, Code of Ordinances.
In relation to the discrepancy of the preserve acreage included in waiver number seven, please
refer to the February 14, 2005, memo to the City Clerk (please see attached.
Preserve Encumbrances
The preserve tract designated on the Borland Center plat is in compliance with the Code of
Ordinances, is not encumbered by utility easements, and does not encroach into the on -site
stormwater retention pond. The preserves, lake, and easements are all platted by separate tracts
(Please see attached plat).
Settlement Agreement
The City was not party to, or had any specific knowledge of a settlement agreement between the
Shady Lakes IIOA and the Borland Center. Settlement agreements signed by two private parties
do not fall within the legal scope of City staff's enforcement obligations.
Landscape Buffers
The landscape buffers adjacent to PGA Boulevard, Shady Lakes Drive, and Gardens Square
Boulevard are required to be installed by February 4, 2006, which is six months from the
issuance of the clearing permit (August 4, 2005). If these buffers are not installed by this date,
the City shall cease issuing permits and conducting inspections, in accordance with Resolution
92, 2004. Please be advised that the applicant has filed a development application to allow for a
six -month time extension, Which will be presented at duly - noticed public hearings before the
PZAB on February 14, 2006, and the City Council on March 2, 2006. Please note that unlike the
landscape buffers, preserves are required to be installed prior to issuance of the first Certificate
of Occupancy.
Expedited Permitting
The applicant for the Borland Center PUD has not applied for or been given the option of
expedited permitting.
Page 3 of 3
Letter to Shady Lakes HOA
Traffic Sigual
The deadline for the installation of the PGA Boulevard and Shady Lakes Drive traffic signal was
August 5, 2005. The applicant submitted the appropriate permit for staff to make an application,
and has taken steps in meeting this requirement. Please be advised that City staff will be
proposing amended language to condition number thirty -one that provides a time - sensitive
schedule of completion for this signal. This proposed amendment will be heard at duly- noticed
public hearings before the PZAB on February 14, 2006, and the City Council on March 2, 2006.
City staff encourages residents to participate in the quasi-judicial process at the above mentioned
public hearings. At these public hearings the applicant will present the proposed amendment,
followed by questions from the City Council or PZAB, and then the opportunity for public input
and comment.
The City would like to thank you for your comments and assure you that City staff is working
diligently to ensure the compliance of the Borland site with the development order and the Code
of Ordinances.
j rely, t_- U'X�
Charles Wu, AICP
Growth Management Administrator
Enclosures (6)
cc: Mayor & City Councilmembers
Ron Ferris, City Manager
Christine Tatum, City Attorney
Patty Snider, City Clerk
Kara Irwin, Planning Manager
Brad Wiseman, Senior Planner
YI
- -=- Homeowners Association
Palm Beach Gardens, FL 33418
January 24, 2006
Mr. Charles Wu
Dear Charles,
Please read LDR Section 78 -6 and take it into consideration
when you and the staff respond to my letters as the
President of the Shady Lakes Board.
Thank ou.
Steve Barnes
Shady Lakes Homeowners President
Cc: Mayor Joe Russo
David Levy
Hal Valeche
Jody Barnett
' YA r
LAKF
Homeowners Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, Planning and Zoning members
Subject: Borland Development request for non - compliance to Ordinance 13 2004 requirements
Date: January 15, 2006
The Shady Lakes Home Owners Association (HOA) Board of Directors approved (last week prior to
the HOA having knowledge of the Borland recent request) sending a letter of non - compliance and
expectations for compliance to the City of Palm Beach Gardens (see attached letter). It is interesting
that the very items of concern that the HOA wants enforced, Borland is asking not to comply with for
an extended period of time.
The HOA would first want to express our displeasure with the illegally noticed City of Palm Beach
Gardens public hearing notice number 317185(regards to Borland site). The Shady Lakes HOA had
no reason to believe that the City did not have the right to issue such a public hearing notice, as
described above, knowing that the City has a fiduciary responsibility to the existing residents of Palm
Beach Gardens. This issue was raised by one of our residents that follows the progress of this
development and alerted the City of a posting violation. The HOA finds it very troublesome that
without citizen intervention Borland would have gotten away with violating the legal rights of the
Citizens of Palm Beach Gardens. Is it true that this illegal action was reviewed and authorized by the
City of Palm Beach Gardens Clerk's office that is responsible for publishing public hearing notice?
This letter shall address the issues in the same order as is identified in the Borland letter requesting
relief from the requirements of Ordinance 13 2004.
Ordinance 13, 2004. Condition 15
Requirement: "The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway, the
Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the issuance of the clearing
permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation
are completed ".
PGA Blvd Landscape Buffer:
Borland Justification:
1. The existing overhead electrical lines are to be placed underground and this would be
a great benefit to all the residents of the City. The completion of this effort is months
away.
2. Turn lanes need to be cut into PGA Blvd to allow entrances for the Borland
Development from PGA Blvd.
3. Hurricane Wilma delay
• Shady Lakes HOA rebuttal: (listed per Justified item)
1. The existing overhead electrical lines are totally within the PGA Blvd 120' wide right -of-
way. This existing pole line is only feet away from the actual roadway lanes. To
further support this position, please look at the Borland site plan that was required to
identify all easement. You will notice that the electric utility does not have an easement
along this boarder as the developer wishes you to believe but the site plan actually
shows the electric pole (and overhang) totally within PGA Blvd property.
2. Turn lanes and roadway work along PGA Blvd are not a new issue. These entrances
were planned and established years ago. To state the entrances are not established to
date is not a valid excuse. The Developer, in order to gain approval for his project and
to entice the surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required roadway work
requirements along with the associated timetables. For clarification the turn lanes are
identified on the Borland Plat (Ord. 104, Page 114) and are approx 7 feet wide parallel
to PGA Blvd, thus not creating any conflict with the required landscape buffer as
claimed.
3. Hurricane Wilma came in on a Monday and I remember it clearly because Borland
construction was operating all day Sunday (7:00 am to dusk), the day before Hurricane
Wilma. As we worked putting up our shutters the continuous sounds of heavy
equipment rang thru. May be the developer used Sunday for a Hurricane Wilma make-
up day similar to a missed school day in violation to the City ordinance prohibiting work
on Sunday, prior to 12:00 noon.
Shady Lakes Drive Landscape Buffer:
• Borland Justification:
1. 'A previously unidentified underground drainage pipe was discovered. 'The subject drainage
pipe appears to be providing Legal positive outfall for Shady Lakes Drive, as well as Gardens of
Woodberry. "
2. The Seacoast Utility water main to be utilized to serve the Borland site contains
asbestos and that asbestos laden portion of the pipe needs to be replaced. It is
believed that this portion of contaminated pipe is located approximately 20' into Shady
lakes drive.
Shady Lakes HOA rebuttal: (listed per Justified item)
1. This unidentified pipe may have not been conclusively identified but the easement
containing the unidentified pipe was known and in fact it was identified in the Special
Warranty Deed, Exhibit A, page 2, between Palm Beach Community Church and the
City of Palm Beach Gardens, dated November 19, 2004 for Shady Lakes Drive right -of-
way. Exhibit "A" was prepared by a land survey company and this Exhibit "A" is dated
November 08, 2004 (Ord. 17794, Page 1700). It is interesting that Borland used the
words "providing legal positive outfall " because the drainage pipe discharged water
into a legally established drainage canal (easement recorded Ord. 2910, Page 56 and
Ord. 2611, Page 806) that not only served as drainage but also possibly provided a
water replenishment source to the established wetlands on this site.
This raises another concern brought to the attention of the South Florida Water
Management District about the amount of water continually present in the drainage
area. In the "Individual Environmental Resource Permit Staff Report" that identified
2.08 acres of wetland on the Borland site, rainfall was the only listed recharge for the
wetlands. Now knowing that the wetlands had a supplemental water source the
wetlands should be re- established or re- evaluated to insure the environment issues
have not been compromised.
2. The Seacoast water pipe in item 2 is an existing 10" water main that is clearly shown
on the Borland Master Utility plan as being within the Shady Lakes right —of -way and
not on Borland property. The location of this pipe allows the required work to be
performed. As before, the development always required a water tie -in and the issue of
asbestos laden piping has no bearing on the installation of the required buffer.
Garden Square Boulevard
• Borland Justification
1. No justification was provided, Borland just does not want to do what is required at this
time
• Shady Lakes HOA rebuttal: (listed per Justified item)
1. Require the developer to adhere to the landscape buffer requirements on the timetable
required within Ordinance 13, 2004.
The above justifications are non - issues in regards to the Landscape buffer required plantings
and should have never been used as a justification and must not be considered.
Traffic Liahts Condition 31:
Condition 31
Requirement: "The applicant shall signalize the intersection of Shady Lakes Drive and PGA Boulevard within 12
months of the date of this development order. The signal shall be installed to be fully operational, including all
appropriate lane geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting. The signal shall be made active once the
intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida
Department of Transportation"
Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition 31 above
has been expired for some time. The HOA demands that this condition be enforced prior to any
roadways /entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident on
the corner of Shady Lakes Drive /Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by Ordinance
13 2004. If the woman who was injured in this accident was aware of the facts in this matter, I believe
that the City would have considerable liability in this situation. This is now a known issue and if any
additional people have accidents or get injured due to lack of the traffic signal at this intersection, I am
sure all these facts will surface. The Shady Lakes HOA representative went to the PBG police
department to obtain a copy of this accident report but the City has a policy of not disclosing the
names of accident victims for two months. The HOA will revisit the City in two months to get this
accident report and all accident reports -since August 5, 2005.
If you allow this requirement to be postponed as the developer wants, the City may be viewed-as
condoning an action in complete favor of a developer. This action would be very unfavorable and
create a credibility issue with the City. This traffic light is a safety feature required by the development
order to be installed by a certain time. Allowing the developer not to install a safety feature is an open
omission that developer profit takes presidents over the safety and welfare of existing residents of the
City.
Various people have questioned this traffic light issue and the central reason given for the delays was
"who will pay for this light ". Apparently there is a dialog between developments on t)oth side Uf PGA
Blvd and Military Trail discussing the shared cost of these traffic lights. It seems very simple that
Ordinance 13 2004 is * development order generated for the Borland project. Borland is deriving
the benefit from Ordinance 13 2004, therefore Borland and Borland along should be obligated to pay
the entire cost of the traffic lights.
The decision on the traffic light could truly turn out to be a life and death decision. Is the P&Z
Board qualified to make such a decision and comfortable with the possible consequences of
that decision? To be partly responsible for the possibility of the loss of human life or human
suffering is an awesome burden.
Expedited Permittinq
The Borland PUD does not offer value added employment therefore this provision, which is currently
not enacted, is not applicable to this site and must not be considered.
While Borland is asking forgiveness for breaking the requirements of Ordinance 13, 2004 the following
condition 9 needs to be addressed.
Condition 9
Requirement: "Prior to issuance of the clearing (land alteration) permit or first bui /ding permit, the project
subdivision plat shall be completed, approved by City Council, and recorded. The upland preserve area shall be
free of any encumbrances including, but not limited to, road rights -of -way, drainage easements, and /or utility
easements"
The Borland site plan identifies a utility easement that encumbers the required preserve areas. The
site plan was approved therefore it is assumed that this easement exists or it would not have been
shown on the site plan. During the P &Z and City Council evaluation process of this site for the current
issue before the P &Z members, this issue needs to be corrected to be in accordance with Ordinance
13 2004. There are additional issues associated with the preserve on this site that were delineated in
the HOA letter to City Council dated, January 13, 2006.
Upon reading Ordinance 13 2004, it is believed that provisions of this document are in jeopardy of not
being complied with or are already in non - compliance with the development order and the HOA has
the expectation that the development order in full verbatim compliance and strictly enforced. Shady
Lakes expects the Land Development Regulation 78 -61(b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section. 78 -61. 'Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure to comply
with one or more time requirements or failure to comply with a condition of development approval, n
In summary the reasons used to justify the time extension can be summed up in two words, WHO
CARES. All construction sites of this magnitude require underground facilities, roadway work and
deal with still undetermined interferences. The developer prior to agreeing to terms that were used to
appease and entice adjoining neighborhoods should have calculated the time required to perform this
effort.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes. The HOA believes the developer has not provided adequate justification to
be granted the requested extension and wants the existing conditions of the development order to be
strictly enforced.
This is an issue for those who care about accuracy. Borland site is currently approximately 44 acres
not 47 acres.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent record
in the Borland project file.
Thank you for your consideration in this matter.
Yours truly,
Stever 3arnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P &Z Chairman, w /att
Mr. Barry Present, P &Z Vice Chairman, w /att
Mr. Michael Panczak, P &Z member, w /att
Mr. Dennis Solomon, P &Z member, w /att
Mr. Randolph Hansen, P &Z member, watt
Mr. Jonathon Rubins, P &Z member, w /att
Mr. Douglas Pennell, P &Z member, w /att
Joy Hecht (1 st Alt.) , Watt
Amir Kane) (2nd Alt.) , w /att
City of Palm Beach Gardens Attorney
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director, w /att
PGA Corridor Residents Coalition Officers
Attachment: HOA letter to City Council dated, January 13, 2006
4
L.
-=- - -_=— Homeowners Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council members
Subject: Borland Development preserve along Shady Lakes Drive not provided in violation of
Ordinance 13, 2004
Date: January 12, 2006
It has been brought to the attention of the Shady Lakes Home Owners Association (HOA) Board of
Directors that the 80 feet preserve of Ordinance 13, 2004 that was promised to the Shady Lakes
HOA, as an enticement to sign the Settlement Agreement on the Borland parcel has not been
provided.
The proposed Development Order, Ordinance 13, 2004, which was approved August 5, 2004
provided for waiver #2 that allowed the reduction of the required "Preserve" from the minimum
required 100 feet to 80 feet.
The Shady Lakes HOA had no reason to believe that the City did not have the right to grant such a
waiver, as described above, knowing that the City Council has a fiduciary responsibility to the
existing residents of Palm Beach Gardens. Since that time, the following information has been
brought to the attention of the HOA.
LDR 78- 158(d) lists three very specific 'Prohibited Waivers "that City Council cannot grant. One of
these waivers LDR 78- 158(d)(2) does not allow City Council to waive the minimum
requirements for environmental areas (i.e.; preserves). LDR 78- 250(a)(3) lists the minimum
dimension of a preserve as 100 feet (width and /or length). City Council granted a waiver
(violating a prohibited waiver code) to allow for an 80 foot preserve. The Borland Plat currently
has isolated preserve areas that are in non - compliance with the minimum 100 feet requirement
that Council is prohibited from waiving. LDR 78 -241 states the purpose of the Environmentally
Sensitive Land ordinance as follows: "Protect the ecological values and functions"
It was also brought to the attention of the HOA that the Borland Project did not even observe the
City Council granted 80 feet preserve waiver. The promised 80 feet preserve is much smaller
than the 80 feet granted by City council via the development order due to the position of the lake
provided along the west end of the property. The two extremely small preserves will not support
the stated purpose of LDR 78 -241. The Borland Project team did not self - disclose this change in
preserve type that is self - serving and not in the interest of the City, the neighboring Communities
or the environment. Regardless of whether this was an omission, an oversight or an intentional
violation, the Borland development was allowed to violate the City code and was granted a
prohibited waiver, and with a City Staff recommendation "for approval" for good measure.
The HOA expectation is that City Council reverse the previously granted Ordinance 13, 2004 waiver
#2 and require Borland to re -plat their development to comply with the City Codes.
Upon reading Ordinance 13, 2004, it is believed that other provisions of this document are in
jeopardy of not being complied with or are already in non - compliance with the development order
and the HOA has the expectation that the development order in full verbatim compliance and
strictly enforced. Shady Lakes expects the Land Development Regulation 78 -61(b) be invoked and
all work suspended on the Borland site until the development order has been complied with.
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure
to comply with one or more time requirements or failure to comply with a condition of
development approval."
Condition 9
Requirement: "Prior to issuance of the clearing (land alteration) permit or first building permit, the
project subdivision plat shall be completed, approved by City Council, and recorded. The upland
preserve area shall be free of any encumbrances including, but not limited to, road rights -of -way,
drainage easements, and /or utility easements"
Concern: Borland Plat extends the site required water retention pond into the required preserve,
thus being in violation of Condition 9.
Condition 15
Requirement: "The applicantshall install the landscaping and irrigation for the PGA Boulevard
Parkway. the Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the
issuance of the clearing permit, or no further permits or inspections will be issued for the project
site until said landscaping and irrigation are completed"
Concern: The clearing permit was issued August 2005 and the HOA will expect the City to enforce
this condition as written. Borland currently has less than one month to complete this effort.
Today, January 11, 2006 new stakes were noticed along Shady Lakes Drive that appear to be
provided as a guide to cut -in an exit point from the site. If this assumption is correct, this is
unacceptable because of the Condition #15 and the location of this exit point is in a location that
has a buffer. There shall be an established buffer as shown on the Plat in less than 1 month or
Borland construction must be suspended per the development order.
Condition 31
Requirement: "The applicantshall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within 12 months of the date of this development order. The signal shall be installed to
be fully operational, including all appropriate lane geometry (as determined by Palm Beach County
and the Florida Department of Transportation), pavement markings, signage, and lighting. The
signal shall be made active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of Transportation"
Concern: Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition
31 above has been expired for some time. The HOA demands that this condition be enforced prior
to any roadways /entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident
on the corner of Shady Lakes Drive /Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by
Ordinance 13, 2004. If the woman who was injured in this accident was aware of the facts in this
matter, I believe that the City would have considerable liability in this situation - This is now a—
known issue and if any additional people have accidents or get injured due to lack of the traffic
signal at this intersection, I am sure all these facts will surface.
Waiver 7
Requirement: 'Preserve area requirement, to allow for off-site mitigation in lieu of on -site
preserve area for 1.57 acres of the required set asides to a 4.6 -acre site "
Concern: This site had approximately 20 acres of environmentally sensitive land thus requiring
over 4 acres of preserve to be established on this site. This site currently has less than 1 acre of
preserves, thus not meeting the minimum requirement and being far less than required by waiver
7. It is the HOA's expectation that the required preserve be established in accordance with this
waiver, which was utilized as an incentive and enticement to sign the Settlement Agreement on
the Borland parcel.
Now that the Board of Directors of Shady Lakes is aware of and understands the various defects in
the Borland site plan, we are saddened that the City would give overwhelming advantages to
developers over the environment, quality of life and residents of the City. The above issues are
only what the HOA board, as laymen, have been able to determine have been overlooked in favor
of the developer and we believe a comprehensive review of all requirements should be conducted
to insure the laws and processes have been fairly applied.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes as applicable, send this letter and to request the City to correct these
defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent
record in the Borland project file.
Thank you for your consideration in this matter.
Yours ,
le e-ld
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jodie Barnett, City of Palm Beach Gardens Councilwoman
City of Palm Beach Gardens Attorney
PGA Corridor Residents Coalition Officers
Accidents on PGA Blvd from Military Trail to Central Blvd
From August 1, 2005 - January 24, 2006
CAD #
Nature of Call
Time of Accident
Address
05085382
04R CRASH ROADWAY
2005 -08 -01 18:42:14
4455 PGA BLVD /N MILITARY TRL
05085730
04R CRASH ROADWAY
2005 -08 -02 17:14:59
5551 PGA BLVD /CENTRAL BLVD
05086597
04R CRASH ROADWAY
2005 -08 -04 14:20:52
4455 PGA BLVD /N MILITARY TRL
05087018
04R CRASH ROADWAY
2005 -08 -05 12:02:27
4455 PGA BLVD /N MILITARY TRL
050901221
04R CRASH ROADWAY
2005 -08 -12 08:47:32
5551 PGA BLVD /CENTRAL BLVD
05091811
04R CRASH ROADWAY
2005 -08 -16 10:31:22
4455 PGA BLVD /N MILITARY TRL
05092259
041 CRASH WITH INJS
2005 -08 -17 06:13:12
11000 CENTRAL BLVD /PGA BLVD
05092290
04R CRASH ROADWAY
2005 -08 -17 08:00:44
10896 N MILITARY TRUPGA BLVD
05092497
03 HIT AND RUN CRASH
2005 -08 -17 14:56:39
4455 PGA BLVD /N MILITARY TRL
05093017
04R CRASH ROADWAY
2005 -08 -18 14:29:34
10896 N MILITARY TRUPGA BLVD
05093909
03 HIT AND RUN CRASH
2005 -08 -20 18:29:34
4455 PGA BLVD /N MILITARY TRL
05096676
04R CRASH ROADWAY
2005 -08 -26 15:38:55
4455 PGA BLVD /N MILITARY TRL
05096793
04R CRASH ROADWAY
2005 -08 -26 20:42:51
4455 PGA BLVD /N MILITARY TRL
05096968
04R CRASH ROADWAY
2005 -08 -27 09:46:13
4455 PGA BLVD /N MILITARY TRL
05098683
04R CRASH ROADWAY
2005 -08 -31 15:18:01
4455 PGA BLVD /N MILITARY TRL
05101065
04R CRASH ROADWAY
2005 -09 -06 07:34:07
10896 N MILITARY TRUPGA BLVD
05107173
04R CRASH ROADWAY
2005 -09 -19 13:10:20
4455 PGA BLVD /N MILITARY TRL
05108354
04R CRASH ROADWAY
2005 -09 -21 17:17:38
4455 PGA BLVD /N MILITARY TRL
05115467
04R CRASH ROADWAY
2005 -10 -05 08:40:47
10896 N MILITARY TRUPGA BLVD
05115680
04R CRASH ROADWAY
2005 -10 -05 15:42:59
4455 PGA BLVD /N MILITARY TRL
05115685
04R CRASH ROADWAY
2005 -10 -05 15:54:41
4455 PGA BLVD /N MILITARY TRL
05116544
04R CRASH ROADWAY
2005 -10 -07 07:55:31
10896 N MILITARY TRUPGA BLVD
05122163
04R CRASH ROADWAY
2005 -10 -19 07:27:18
4455 PGA BLVD /N MILITARY TRL
05123028
04R CRASH ROADWAY
2005 -10 -20 17:20:57
4455 PGA BLVD /N MILITARY TRL
051278771
04R CRASH ROADWAY
2005 -10 -27 13:19:20
4455 PGA BLVD /N MILITARY TRL
05128284
03 HIT AND RUN CRASH
2005 -10 -28 01:47:03
4455 PGA BLVD /N MILITARY TRL
05128496
04R CRASH ROADWAY
2005 -10 -28 10:46:52
5551 PGA BLVD /CENTRAL BLVD
05129782
04R CRASH ROADWAY
2005 -10 -30 10:47:44
5551 PGA BLVD /CENTRAL BLVD
05130220
04R CRASH ROADWAY
2005 -10 -31 12:49:20
4455 PGA BLVD /N MILITARY TRL
05130654
04R CRASH ROADWAY
2005 -11 -01 16:47:33
4455 PGA BLVD /N MILITARY TRL
05130692
04R CRASH ROADWAY
2005 -11 -01 '18:55:56
10896 N MILITARY TRUPGA BLVD
05131025
04R CRASH ROADWAY
2005 -11 -02 13:51:19
4455 PGA BLVD /N MILITARY TRL
05131416
04R CRASH ROADWAY
2005 -11 -03 11:42:07
10896 N MILITARY TRUPGA BLVD
05132472
04R CRASH ROADWAY
2005 -11 -05 17:04:12
10896 N MILITARY TRUPGA BLVD
05134104
04R CRASH ROADWAY
2005 -11 -09 09:55:01
10896 N MILITARY TRUPGA BLVD
05134778
041 CRASH WITH INJS
2005 -11 -10 17:34:06
10896 N MILITARY TRUPGA BLVD
05134779
041 CRASH WITH INJS
2005 -11 -10 17:37:35
4999 PGA BLVD /SPICE DR
05135451
04R CRASH ROADWAY
2005 -11 -12 09:46:44
4455 PGA BLVD /N MILITARY TRL
05136745
04R CRASH ROADWAY
2005 -11 -15 13:36:53
4701 PGA BLVD /SHADY LAKES DR
05136748
041 CRASH WITH INJS
2005 -11 -15 13:51:13
10896 N MILITARY TRUPGA BLVD
05137897
041 CRASH WITH INJS
2005 -11 -17 18:45 :35
4999 PGA BLVD /SPICE DR
05140035
04R CRASH ROADWAY
2005 -11 -22 18:49:36
4455 PGA BLVD /N MILITARY TRL
05140246
04R CRASH ROADWAY
2005 -11 -23 08:19:42
5551 PGA BLVD /CENTRAL BLVD
05141640
04R CRASH ROADWAY
2005 -11 -25 21:14:41
10896 N MILITARY TRUPGA BLVD
05142889
04R CRASH ROADWAY
2005 -11 -28 20:11:09
10896 N MILITARY TRUPGA BLVD
05142967
04R CRASH ROADWAY
2005 -11 -28 23:47:30
4455 PGA BLVD /N MILITARY TRL
05143350
04R CRASH ROADWAY
2005 -11 -29 18:14 :42
10896 N MILITARY TRUPGA BLVD
05143614
04R CRASH ROADWAY
2005 -11 -30 06:52:58
10896 N MILITARY TRUPGA BLVD
05143811
04R CRASH ROADWAY
2005 -11 -30 16:40:35
11000 CENTRAL BLVD /PGA BLVD
1051446231
04R CRASH ROADWAY
2005 -12 -02 07:44:29
10896 N MILITARY TRUPGA BLVD
1051459711
04R CRASH ROADWAY
2005 -12 -05 09:16:42
1 4455 PGA BLVD /N MILITARY TRL
Data Source: Crime View CAD Calls for Service
Prepared by R Gerstenkorn 1/25/06
Accidents on PGA Blvd from Military Trail to Central Blvd
From August 1, 2005 - January 24, 2006
05147038
04R CRASH ROADWAY
2005 -12 -07 08:38:52
5551 PGA BLVD /AVENUE OF PGA
05147305
04R CRASH ROADWAY
2005 -12 -07 18:15:29
4455 PGA BLVD /N MILITARY TRL
05147712
04R CRASH ROADWAY
2005 -12 -08 14:55:20
10896 N MILITARY TRUPGA BLVD
05148505
04R CRASH ROADWAY
2005 -12 -10 17 :26:40
4455 PGA BLVD /N MILITARY TRL
05150969
04R CRASH ROADWAY
2005 -12 -16 07:30:51
5551 PGA BLVD /CENTRAL BLVD
05151283
041 CRASH WITH INJS
2005 -12 -16 21:50:14
4701 PGA BLVD /HICKORY DR
05152480
041 CRASH WITH INJS
2005 -12 -19 10:58:11
10896 N MILITARY TRUPGA BLVD
05152623
041 CRASH WITH INJS
2005 -12 -19 19:09:42
10896 N MILITARY TRUPGA BLVD
06001851
04R CRASH ROADWAY
2006 -01 -04 20:59:03
4455 PGA BLVD /N MILITARY TRL
06002219
04R CRASH ROADWAY
2006 -01 -05 14:05:50
4455 PGA BLVD /N MILITARY TRL
06003054
04R CRASH ROADWAY
2006 -01 -07 06:43:04
4455 PGA BLVD /N MILITARY TRL
06006982
03 HIT AND RUN CRASH
2006 -01 -14 22:26:19
4455 PGA BLVD /N MILITARY TRL
06008987
04R CRASH ROADWAY
2006 -01 -19 12:05:58
4455 PGA BLVD /N MILITARY TRL
06009620
04R CRASH ROADWAY
2006 -01 -20 18:12:33
4455 PGA BLVD /N MILITARY TRL
06010861
041 CRASH WITH INJS
2006 -01 -23 13:23:33
4455 PGA BLVD /N MILITARY TRL
Data Source: Crime View CAD Calls for Service
Prepared by R Gerstenkorn 1/25/06
Traffic Accidents on PGA Blvd from Military Trail to The Florida Turnpike
August 1, 2005 - January 24, 2006
CAD #
Nature of Call
Time of Accident
Address
05085382
04R CRASH ROADWAY
2005 -08 -01 18:42:14
4455 PGA BLVD /N MILITARY TRL
05085730
04R CRASH ROADWAY
2005 -08 -02 17:14:59
5551 PGA BLVD /CENTRAL BLVD
05086597
04R CRASH ROADWAY
2005 -08 -04 14:20:52
4455 PGA BLVD /N MILITARY TRL
05087018
04R CRASH ROADWAY
2005 -08 -05 12:02:27
4455 PGA BLVD /N MILITARY TRL
05090122
04R CRASH ROADWAY
2005 -08 -12 08:47:32
5551 PGA BLVD /CENTRAL BLVD
05091811
04R CRASH ROADWAY
2005 -08 -16 10:31 :22
4455 PGA BLVD /N MILITARY TRL
05092259
041 CRASH WITH INJS
2005 -08 -17 06:13:12
11000 CENTRAL BLVD /PGA BLVD
05092290
04R CRASH ROADWAY
2005 -08 -17 08:00:44
10896 N MILITARY TRUPGA BLVD
05092497
03 HIT AND RUN CRASH
2005 -08 -17 14:56:39
4455 PGA BLVD /N MILITARY TRL
05093017
04R CRASH ROADWAY
2005 -08 -18 14:29:34
10896 N MILITARY TRUPGA BLVD
05093909
03 HIT AND RUN CRASH
2005 -08 -20 18:29:34
4455 PGA BLVD /N MILITARY TRL
05096676
04R CRASH ROADWAY
2005 -08 -26 15:38:55
4455 PGA BLVD /N MILITARY TRL
05096793
04R CRASH ROADWAY
2005 -08 -26 20:42:51
4455 PGA BLVD /N MILITARY TRL
05096968
04R CRASH ROADWAY
2005 -08 -27 09:46:13
4455 PGA BLVD /N MILITARY TRL
05098683
04R CRASH ROADWAY
2005 -08 -31 15:18:01
4455 PGA BLVD /N MILITARY TRL
05101065
04R CRASH ROADWAY
2005 -09 -06 07:34:07
10896 N MILITARY TRUPGA BLVD
05107173
04R CRASH ROADWAY
2005 -09 -19 13:10:20
4455 PGA BLVD /N MILITARY TRL
05108354
04R CRASH ROADWAY
2005 -09 -21 17:17:38
4455 PGA BLVD /N MILITARY TRL
05108732j
041 CRASH WITH INJS
2005 -09 -22 10:35:32
5762 PGA BLVD /BALLENISLES DR
051154671
04R CRASH ROADWAY
2005 -10 -05 08:40:47
10896 N MILITARY TRUPGA BLVD
05115680
04R CRASH ROADWAY
2005 -10 -05 15:42:59
4455 PGA BLVD /N MILITARY TRL
05115685
04R CRASH ROADWAY
2005 -10 -05 15:54:41
4455 PGA BLVD /N MILITARY TRL
05116544
04R CRASH ROADWAY
2005 -10 -07 07:55:31
10896 N MILITARY TRUPGA BLVD
05122163
04R CRASH ROADWAY
2005 -10 -19 07:27:18
4455 PGA BLVD /N MILITARY TRL
05123028
04R CRASH ROADWAY
2005 -10 -20 17:20:57
4455 PGA BLVD /N MILITARY TRL
051278771
04R CRASH ROADWAY
2005 -10 -27 13:19:20
4455 PGA BLVD /N MILITARY TRL
05128284
03 HIT AND RUN CRASH
2005 -10 -28 01:47:03
4455 PGA BLVD /N MILITARY TRL
05128496
04R CRASH ROADWAY
2005 -10 -28 10 :46:52
5551 PGA BLVD /CENTRAL BLVD
05129782
04R CRASH ROADWAY
2005 -10 -30 10:47:44
5551 PGA BLVD /CENTRAL BLVD
05130220
04R CRASH ROADWAY
2005 -10 -31 12:49:20
4455 PGA BLVD /N MILITARY TRL
05130654
04R CRASH ROADWAY
2005 -11 -01 16:47:33
4455 PGA BLVD /N MILITARY TRL
051306921
04R CRASH ROADWAY
2005 -11 -01 18:55:56
10896 N MILITARY TRUPGA BLVD
05131025
04R CRASH ROADWAY
2005 -11 -02 13:51:19
4455 PGA BLVD /N MILITARY TRL
05131416
04R CRASH ROADWAY
2005 -11 -03 11:42:07
10896 N MILITARY TRUPGA BLVD
05132008
03 HIT AND RUN CRASH
2005 -11 -04 15:15:58
5762 PGA BLVD /OLD PALM DR
05132472
04R CRASH ROADWAY
2005 -11 -05 17:04:12
10896 N MILITARY TRUPGA BLVD
05134104
04R CRASH ROADWAY
2005 -11 -09 09:55:01
10896 N MILITARY TRUPGA BLVD
05134778
041 CRASH WITH INJS
2005 -11 -10 17:34:06
10896 N MILITARY TRUPGA BLVD
05134779
041 CRASH WITH INJS
2005 -11 -10 17:37:35
4999 PGA BLVD /SPICE DR
05135451
04R CRASH ROADWAY
2005 -11 -12 09:46:44
4455 PGA BLVD /N MILITARY TRL
05136745
04R CRASH ROADWAY
2005 -11 -15 13:36:53
4701 PGA BLVD /SHADY LAKES DR
05136748
041 CRASH WITH INJS
2005 -11 -15 13:51:13
10893 N MILITARY TRUPGA BLVD
05137897
041 CRASH WITH INJS
2005 -11 -17 18:45:35
4999 PGA BLVD /SPICE DR
05139856
04R CRASH ROADWAY
2005 -11 -22 09:18:18
5762 PGA BLVD /BALLENISLES DR
05140035
04R CRASH ROADWAY
2005 -11 -22 18:49:36
4455 PGA BLVD /N MILITARY TRL
05140246
04R CRASH ROADWAY
2005 -11 -23 08:19:42
5551 PGA BLVD /CENTRAL BLVD
051416401
04R CRASH ROADWAY
2005 -11 -25 21:14:41
10896 N MILITARY TRUPGA BLVD
05142889
04R CRASH ROADWAY
2005 -11 -28 20:11:09
10896 N MILITARY TRUPGA BLVD
05142967
04R CRASH ROADWAY
2005 -11 -28 23:47:30
4455 PGA BLVD /N MILITARY TRL
05143350
04R CRASH ROADWAY
2005 -11 -29 18:14:42
10896 N MILITARY TRUPGA BLVD
05143614
04R CRASH ROADWAY
2005 -11 -30 06:52:58
10896 N MILITARY TRUPGA BLVD
Data Source: Crime View CAD Calls for Service
Prepared by R Gerstenkorn 1/25/06
Traffic Accidents on PGA Blvd from Military Trail to The Florida Turnpike
August 1, 2005 - January 24, 2006
05143811
04R CRASH ROADWAY
2005 -11 -30 16:40:35
11000 CENTRAL BLVD /PGA BLVD
05144623
04R CRASH ROADWAY
2005 -12 -02 07:44:29
10896 N MILITARY TRUPGA BLVD
05145971
04R CRASH ROADWAY
2005 -12 -05 09:16:42
4455 PGA BLVD /N MILITARY TRL
05147038
04R CRASH ROADWAY
2005 -12 -07 08:38:52
5551 PGA BLVD /AVENUE OF PGA
05147305
04R CRASH ROADWAY
2005 -12 -07 18:15:29
4455 PGA BLVD /N MILITARY TRL
05147712
04R CRASH ROADWAY
2005 -12 -08 14:55:20
10896 N MILITARY TRUPGA BLVD
05148505
04R CRASH ROADWAY
2005 -12 -10 17:26:40
4455 PGA BLVD /N MILITARY TRL
05150969
04R CRASH ROADWAY
2005 -12 -16 07:30:51
5551 PGA BLVD /CENTRAL BLVD
05151283
041 CRASH WITH INJS
2005 -12 -16 21:50:14
4701 PGA BLVD /HICKORY DR
05152480
041 CRASH WITH INJS
2005 -12 -19 10:58:11
10896 N MILITARY TRUPGA BLVD
05152623
041 CRASH WITH INJS
2005 -12 -19 19:09:42
10896 N MILITARY TRUPGA BLVD
06001851
04R CRASH ROADWAY
2006 -01 -04 20:59:03
4455 PGA BLVD /N MILITARY TRL
06002219
04R CRASH ROADWAY
2006 -01 -05 14:05:50
4455 PGA BLVD /N MILITARY TRL
06002346
03 HIT AND RUN CRASH
2006 -01 -05 20:10:34
5762 PGA BLVD /BALLENISLES DR
06003054
04R CRASH ROADWAY
2006 -01 -07 06:43:04
4455 PGA BLVD /N MILITARY TRL
06006982
03 HIT AND RUN CRASH
2006 -01 -14 22:26:19
4455 PGA BLVD /N MILITARY TRL
06007821
04R CRASH ROADWAY
2006 -01 -17 08:02:06
5762 PGA BLVD /OLD PALM DR
06007952
04R CRASH ROADWAY
2006 -01 -17 15:33:28
5762 PGA BLVD /BALLENISLES DR
06008987
04R CRASH ROADWAY
2006 -01 -19 12:05:58
4455 PGA BLVD /N MILITARY TRL
06009620
04R CRASH ROADWAY
2006 -01 -20 18:12:33
4455 PGA BLVD /N MILITARY TRL
06010861
041 CRASH WITH INJS
2006 -01 -23 13:23:33
4455 PGA BLVD /N MILITARY TRL
Data Source: Crime View CAD Calls for Service
Prepared by R Gerstenkorn 1/25/06
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applicable
One entry found for applicable.
Main Entry: ap•pli•ca•ble 4))d))
Pronunciation: a.- p1i- k & -b &1 also &- 'pli -k &-
Function: adjective
: capable of or suitable for being applied : APPROPRIATE
<statutes applicable to the case>
synonym see RELEVANT
LDR Section. 78 -6. Interpretation and conflict.
"(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or
annul any other ordinance, rule or regulation, statute or other provision of law, except those which are
in conflict with these provided for in this chapter. Where any provision of this chapter imposes
restrictions different from those imposed by any other provision of this chapter or any other ordinance,
rule or regulation or other provision of law, the provision which is more restrictive or imposes
higher standards will control."
LDR Section. 78 -49. Amendments to approved development orders.
"(b) Major amendments. Development order applications for major amendments are reviewed in the
same manner as the original application. Major amendments to approved development plans include
the changes listed below.
(13) Changes to developer's agreements. Any changes to an approved developer's agreement"
LDR Section. 78 -43. Review of applications for development order approval. Table 2:
Development Review Schedule requires the following actions: 1) Pre -App, 2) Submit Application, 3)
Sufficiency Review, 4) DRC Review, 5) DRC Approval /Certification, 6) PZAB Workshop, 7) PZAB
Public Hearing, 8) Council First Reading, and 9) Council Second Reading
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure
to comply with one or more time requirements or failure to comply with a condition of
development approval."
LDR Section. 78 -43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated in
Table 1 and comply with all requirements of this chapter.
(1) Development review schedule. Review of all applications for development order approval shall
be consistent with the requirements of Table 2.
"Affidavit of Property Owners" submitted in behalf of the Borland project is missing the single largest
Property owner that is directly impacted by both the landscaping and traffic light issue. Parcel Control
Number 52- 42- 42 -01 -04 -0000, which is for the Publix /Cafe Chardonnay Plaza was omitted The
omission of any property owner invokes LDR 78- 54(e), "Failure to Provide Notice ". This LDR section
states: "Failure to comply SHALL result in an automatic postponement of the application"
Date Prepared: December 29, 2004
Revised February 18, 2005
1 RESOLUTION 10, 2005
2
•3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA ACCEPTING A CONSERVATION
6 EASEMENT FROM PALM BEACH ACQUISITIONS LLC, A FLORIDA
7 LIMITED LIABILITY COMPANY, FOR A 4.6 -ACRE SITE OFF THE
8 BEELINE HIGHWAY, OPPOSITE THE NORTH COUNTY REGIONAL
9 AIRPORT, AS MORE PARTICULARLY DESCRIBED HEREIN, AS AN
10 OFF -SITE UPLAND PRESERVE SET ASIDE TO MITIGATE 3.39
11 ACRES OF ON -SITE PRESERVE FOR THE BORLAND CENTER
12 PLANNED UNIT DEVELOPMENT; APPROVING THE BORLAND
13 CENTER PLAT WHICH INCLUDES A 0.94 ACRE ON -SITE
14 PRESERVE; ACCEPTING A DEED FOR SHADY LAKES DRIVE
15 CONSISTENT WITH THE BORLAND CENTER PLAT; AND PROVIDING
16 AN EFFECTIVE DATE.
17
18
19 WHEREAS, on August 5, 2004, the City Council adopted Ordinance 13, 2004 and
20 Resolution 92, 2004, which approved the rezoning of the subject site from Planned
21 Development Area (PDA) to a Mixed -Use Planned Unit Development (MXD PUD) and
22 master development approval to allow the development of 64,533 square feet (500 -seat
23 small theater / church facility with accessory uses and a 300 -seat banquet hall) for a
24 cultural center and church facilities, 64,025 square feet for retail / commercial use, 19,950
25 square feet for restaurant use, 10,900 square feet for professional office use, and 225
026 multi - family units, a Conditional Use (CU) for a 500 -seat small theater and church and a
27 300 -seat banquet facility, on an approximately 47 -acre site located along the north side of
28 PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive; and
29
30 WHEREAS, Condition 40 of Resolution 92, 2004 provides: "The petitioner shall
31 preserve all required upland preserve set aside, no less than 4.33 acres, on the east side
32 of Shady Lakes Drive, free of all encumbrances, including, but not limited to, road rights -of-
33 way, drainage easements, and /or utility easements. Provided, however, that the petitioner
34 may provide no more than 3.39 acres of the required upland mitigation off site, subject to
35 approval by the City Council of a separate instrument and subject to conditions, including,
36 but not limited to, the following: the location, ratio, and management. If off -site mitigation is
37 provided, the petitioner shall be required to preserve /restore the 0.94 -acre area east of
38 Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004. "; and
39
40 WHEREAS, Cotleur and Hearing, agent for The Borland Center and RAM
41 Development, has requested approval from the City of Palm Beach Gardens for an
42 alternative form of mitigation in lieu of on -site preservation for the Borland Center Planned
43 Unit Development, as permitted by Section 78 -252 of the City's Land Development
44 Regulations, entitled "Alternative Forms of Mitigation "; and
45
46
•
Date Prepared: December 29, 2004
Resolution 10, 2005
•3 WHEREAS, the Growth Management Department has reviewed said application
4 and has determined that the mitigation request for off -site preservation is a benefit to the
5 City that equals or exceeds the expected benefit that would have been derived from the
6 complete on -site preservation within the Borland Center Planned Unit Development (PUD);
7 and
8 WHEREAS, the City Engineer has reviewed the Borland Center plat; and
9
10 WHEREAS, the City Engineer has determined that the proposed plat meets all the
11 technical requirements of the City's Land Development Regulations and Chapter 177,
12 Florida Statutes, and recommends approval of the plat; and
13
14 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs;
15 and
16
17 WHEREAS, Condition 7 of Resolution 92, 2004 provides: "Prior to issuance of the
18 first Certificate of Occupancy, the applicant shall dedicate the posted and viewed Shady
19 Lakes Drive right -of -way to the City of Palm Beach Gardens. "; and
20
21 WHEREAS, the Borland Center plat dedicates the posted and viewed Shady Lakes
22 Drive right -of -way to the City of Palm Beach Gardens; and
23
24 WHEREAS, at the request of the City, the applicant has additionally agreed to
25 provide a Special Warranty Deed to the City conveying the posted and viewed Shady
• 26 Lakes Drive right -of -way; and
27
28 WHEREAS, such deed has been received and is attached hereto as Exhibit "C "; and
29
30 WHEREAS, the City Council has deemed approval of this Resolution to be in the
31 best interest of the citizens and residents of the City of Palm Beach Gardens.
32
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
35 PALM BEACH GARDENS, FLORIDA that:
36
37 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
f
39 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
40 accepts the Conservation Easement from Palm Beach Acquisitions LLC, a Florida Limited
41 Liability Company, a copy of which is attached hereto as Exhibit "A," for a 4.63 -acre site off
42 the Beeline Highway, opposite the North County Regional Airport, as an off -site upland
43 preserve set aside for the Borland Center Planned Unit Development (hereinafter called
44 the Borland Center Mitigation Parcel), as more particularly described below:
45
46
Date Prepared: December 29, 2004
Resolution 10, 2005
1
2
•3 LEGAL DESCRIPTION:
4
5 A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 41
6 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
7 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
8 AS FOLLOWS:
9
10 COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF
11 PGA BOULEVARD AND THE NORTHEAST RIGHT -OF -WAY LINE OF THE BEELINE
12 HIGHWAY; THENCE NORTH 53 °39'33" WEST ALONG SAID NORTHEAST RIGHT -OF-
13 WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 6,339.77 FEET; THENCE
14 NORTH 36 022'07" EAST 585.18 FEET TO THE POINT OF BEGINNING OF THE HEREIN
15 DESCRIBED PARCEL OF LAND.
16
17 THENCE NORTH 36 022'07" EAST 414.82 FEET; THENCE SOUTH 53 °39'33" EAST A
18 DISTANCE OF 268.21 FEET; THENCE SOUTH 36 022'07" WEST 138.55 FEET; THENCE
19 SOUTH 53 039'33" EAST 212.21 FEET; THENCE SOUTH 36 °22'07" WEST 214.08 FEET;
20 THENCE SOUTH 53 039'33" EAST 100.81 FEET; THENCE SOUTH 36 022'07" WEST
21 153.81 FEET; THENCE NORTH 53 039'33" WEST 276.51 FEET; THENCE NORTH
22 36 °22'07" EAST 91.05 FEET; THENCE NORTH 53 °39'33" WEST 304.03 FEET TO THE
23 POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. BEING A PORTION OF
24 PARCEL 18.A18 AS SHOWN ON A SURVEY PREPARED BY LINDBERG LAND
25 SURVEYING, INC. PREPARED FOR THE JOHN D. AND CATHERINE T. MACARTHUR
•26 FOUNDATION ON 12/22/1998.
27
28 CONTAINING 4.63 ACRES, MORE OR LESS, AND SUBJECT TO SURVEY.
29
30 SECTION 3. This approval shall be in compliance with the following plans on file
31 with the City's Growth Management Department:
32
33 1. Preserve Area Management Plan, 07.06.04, Cotleur- Hearing, 13 pages.
34
35 SECTION 4. The Mayor and City Clerk are hereby directed and authorized to
36 execute the Mylar of the Borland Center plat consisting of eight (8) sheets, prepared by
37 Dailey - Fotorny, Inc., attached hereto as Exhibit "B."
38
39 SECTION 5. The City Council of the City of Palm Beach Gardens, Florida hereby
40 accepts the Special Warranty Deed from Palm Beach Community Church, Inc., a copy of
41 which is attached hereto as Exhibit "C," for the 2.969 -acre site known as the Shady Lakes
42 Drive right -of -way, as more particularly described below:
43
44 A STRIP OF LAND 50.00 FEET IN WIDTH IN SECTION 1, TOWNSHIP 42 SOUTH,
45 RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
46 FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
• 3
Date Prepared: December 29, 2004
Resolution 10, 2005
1
.3 THE NORTH 2,586.49 FEET OF THE SOUTH 2,646.49 FEET OF THE WEST 50.00
4 FEET OF THE SOUTHWEST ONE - QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH,
5 RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
6 FLORIDA.
7
8 CONTAINING 129,325 SQUARE FEET OR 2,969 ACRES, MORE OR LESS, SUBJECT
9 TO EASEMENTS RESTRICTIONS, RESERVATIONS, AND RIGHTS -OF -WAY OF
10 RECORD.
11
12 SECTION 6. This Resolution shall become effective immediately upon adoption.
13
14
15
16 (The remainder of this page left intentionally blank)
17
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• 4
Date Prepared: December 29, 2004
Resolution 10, 2005
1 PASSED AND ADOPTED this 1 day of F-f -4R,ai 12005.
2
•3
4 CITY OF PA BEACH GARDENS, FLORIDA
5
6
7 BY: -
8 c J in, Mayor
9 ATTEST:
10
11
12 BY:
13 Patricia Snider, CtOC
14 City Clerk
15
16
17 APPROVED AS TO FORM AND
18 LEGAL SUFFICIENCY
19
20
21 BY:
22 C ristine P. Tatum, City Attorney
23
24
25
• 26 VOTE: AYE NAY ABSENT
27
28 MAYOR JABLIN
29
30 VICE MAYOR RUSSO ✓
31
32 COUNCILMEMBER DELGADO l
33
34 COUNCILMEMBER LEVY
35
36 COUNCILMEMBERVALECHE
37
38
39
40
41
42
43
44
45
46
47 \\ Pbgsfile \Attorney\attorney_share \RESOL LIT IONS\accepting conservation easement - reso 10 2005.doc
• 5
Wotleur &
Hearing
Landscape Architects
Land Planners
Environmental Consultants
Mr. Charles Wu
Growth Management Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410 -4698
Re: Borland Center for Community Enrichment
(aka) Midtown
Miscellaneous Petition No. 2
Request to Modify Condition 15 of Resolution 92 -2004
CH Project #981205.01
Dear Charles:
December 28, 2005
• On behalf of the Borland Center for Community Enrichment, please find enclosed an
application for a Miscellaneous Petition to the City Council. The Miscellaneous Petition
is a request to modify Condition 15 of Resolution 92 -2004 approving the Borland
Center. Condition 15 requires that the landscape buffers for PGA Boulevard, Shady
Lake's Drive, and Garden's Lake's Boulevard be completed within six months of the
issuance of the clearing permit, which occurred on August 7, 2005. The deadline for
completing the required buffer improvements is February 7, 2006.
Several extenuating circumstances, including the impacts associated with Hurricane
Wilma have affected the applicant's ability to complete the required improvements. The
circumstance for each buffer is unique and addressed in more detail within the
justification that supports the petition. The applicant continues to cooperate with the
City on all aspects of the development and remains in full compliance with all Conditions
of Approval. Unlike most of the projects that have been recently approved by the City,
Condition 15 does not contain a provision for an extension to be granted by the Growth
Management for Good Cause. For this reason, we would request that this request be
expedited to the City Council for their review and approval.
Maplewood Professional Center
1934 Commerce Lane - Suite 1
upiter, Florida 33458
ic.# LC- C000239
561- 747 -6336 FAX 561- 747 -1377
http: / /www.cotleur- hearing.com
CITY OF PALM BCH GDNS
DEC 29 2005
PLANNING & ZONING DIV
Mr Charles Wu
City of Palm Beach Gardens
Borland Center for Community Enrichment
Page 2 of 2
December 28, 2005
As you will find in your review, there is significant public benefit that will occur as a
result of the granting of the applicant's request for a six month time extension. We
thank you for your efforts. Should you have any questions, or need any additional
information, please do not hesitate to contact me.
I
.r/
DEH /mlb
CC: Bob Skinner
Dr. Raymond Underwood
Casey Cummings
Tony Price
Hank Gonzalez
•
•
F \Project Documents \PALM BEACH COMMUNITY CHURCH\Miscellaneous Petition #2 12 -28 -05 Cover Ltr.doc
otieur &
Hearing
Landscape Architects
Land Planners
Environmental Consultants
Justification Narrative
December 28, 2005
Re: Borland Center for Community Enrichment (aka) Midtown
Miscellaneous Petition No. 2
Request to Modify Condition 15 of Resolution 92 -2004
CH Project #981205
The applicant is requesting modification of Condition 15 of Resolution 92 -2005, in
connection with the Borland Center Planned Unit Development, (aka) Midtown.
Condition 10 of Resolution 92 -2005 requires the applicant to complete the
installation of the landscape buffers for PGA Boulevard, Shady Lakes Drive and
Garden Lakes Boulevard, within six months of the date of the issuance of the
removal /clearing permit. (The Clearing Permit for the project was issued on
August 7, 2005. In accordance with the provisions of Condition 15, the specified
landscape buffers are required to be completed by February 7, 2006.) Several
extenuating circumstances beyond the control of the applicant warrant and justify
the merits of the requested modification. The applicant is requesting an
additional six months to complete the improvements required by Condition 15.
The applicant has worked diligently from the August 7, 2005 date of the issuance
of the Clearing Permit to implement the construction improvements and
infrastructure required to support the project. Significant progress has occurred
and construction has proceeded without delay. Most of the activities completed
to date include partial excavation of the lake, the installation of on -site drainage,
installation of on -site water and sewer, utilities, the balancing and earth work
including the installation of building pads and other similar activities. Within the
last 60 days, several unique circumstances have been identified affecting the
three landscape buffers required by Condition 15.
PGA Boulevard Landscape Buffer
The completion of the landscaping for the PGA Boulevard buffer is continent on
several construction activities being completed. These include the construction
of required turn lanes within the PGA Boulevard, under - grounding of overhead
utilities, as well as the relocation and replacement of portions of the existing
concrete sidewalk. The most significant impact to the schedule for installing the
landscape buffer is related to the under - grounding of the overhead powerlines.
This is a benefit to the project and all of the residents of the City of Palm Beach
Gardens. (It should be noted that the applicant is only required to relocate and
underground the utilities effected by the roadway construction.CROPPO M GDNS
Maplewood Professional Center
•1934 Commerce Lane - Suite 1
Jupiter, Florida 33458
Lic.# LC- C000239
561- 747 -6336 FAX 561- 747 -1377
http: / /www.cotleur- hearing.com
DEC 2 9 2005
PLANNING & ZONING DIV
Justification Narrative
Borland Center for Community Enrichment (aka) Midtown
Page 2 of 3
December 28, 2005
however is ro osin to relocate all of the overhead utilities for the entire PGA
p p 9
Boulevard frontage). The under - grounding of the overhead lines has been
delayed as a result of the '05 hurricane season, which has affected Florida
Power & Light's ability to engineer and schedule the under - grounding of the lines.
Hurricane Wilma, which struck South Florida in late October, impacted most of
FPL's territory causing significant damage and several weeks of power outages.
The re- prioritization of work efforts by FP &L has delayed the under - grounding
activity. As of this date, the applicant has paid FPL in full for the under - grounding
of the overhead lines. FPL is currently completing the final Engineering design.
Within the next 2 -3 weeks, the applicant will be installing underground conduitto
accommodate the under - grounding. Barring any unforeseen circumstances,
FP &L will commence their portion of the work 4 -6 weeks after the
aforementioned conduit has been installed by the applicant. The under -
grounding activity is expected to take a few weeks, after which the area can be
restored, sidewalks completed, parkway lighting installed and the required
landscape buffers implemented.
We believe the under - grounding of the overhead lines provides a significant
public benefit to the City as well as enhancing the aesthetic quality of the Project.
Shady Lake's Drive Buffer
On December 14, 2005, the applicant and representatives of the City's
Engineering firm found a previously unidentified drainage pipe discharging into
the ditches on the Borland Center property. The subject drainage pipe appears
to be providing legal positive outfall for Shady Lake's Drive, as well as the
Garden's of Woodbury. The applicant is not aware of any easements or legal
authority for the said pipe to exist or to drain through the Borland Center
property.
In the spirit of cooperation, the applicant ceased the development activities for
the filling of the ditch and the associated grading for the western buffer and
upland preserve area. The applicant has also agreed to design and pay for the
cost of re- routing the subject drainage pipe to insure that future legal positive
outfall is maintained. Additional research is now being conducted so that the
pipes in outfall can be sized to accommodate it's intended purpose. The final
design will require review and approval by the City Engineer and a modification
of the existing South Florida Water Management District Permit. It is our
understanding that the extent of this modification will require approval of the
South Florida Water Management District Governing Board, which will further
add to the delay. Once the design is approved and permitted, it is anticipated
that drainage structures will need to be manufactured and materials ordered to
complete the drainage. Once the drainage and legal positive outfall is
established for the road and the Gardens of Woodbury, the filling of the ditch and
01 the construction of the western buffer can once again commence.
RNProject Documents\PALM BEACH COMMUNITY CHURCHVAiscellaneous Petition W2 12- 28- 05.doc
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Justification Narrative
Borland Center for Community Enrichment (aka) Midtown
Page 3 of 3
December 28, 2005
The applicant is not requesting reimbursement from the City or others for the cost
of the design, permitting or construction associated with this activity. However,
the applicant is requesting a six month extension for completing the
improvements contemplated by Condition 15. We believe this extension is in the
best interest of the citizens of Palm Beach Gardens, the residents of Shady
Lake's and the residents of the Garden's of Woodbury.
Shady Lake's Drive
During the course of the construction of the underground sewer and water for the
project, Seacoast Utility Authority discovered that the water -main to be tapped to
serve the Borland Center Project contained asbestos material. It is the policy of
Seacoast Utilities to require such pipes being tapped to be replaced to the
nearest joint. While SUA has not been able to locate as -built drawings for the
subject main, it is believed that the location of the nearest joint extends
approximately 20' into Shady Lake's Boulevard. To accommodate SUA's desire
to replace the asbestos pipe, it will be necessary for the roadway to be closed for
up to three days. The applicant has secured all necessary permits, including a
right -of -way permit to perform the required work. The applicant is prepared to
move forward immediately; however it is our understanding that it will take
approximately 3 -4 weeks for the City to complete the notifications and advertising
. for road closures, in accordance with City policy. The water -main replacement
and tap is confined to a limited area, however the de- watering necessary to
facilitate this activity occurs within the buffer area contiguous to Garden Lake's
Drive. The aforementioned circumstances are beyond the control of the
applicant and warrant an extension of the timeframe for implementing the buffer.
All of the cost associated with the replacement of the pipe, including the repair of
the roadway will be covered by the applicant. The replacement of the asbestos
pipe is in the public interest of all the residents of the City of Palm Beach
Gardens.
•
In conclusion, there have been several extenuating circumstances beyond the
control of the applicant and the applicant's ability to meet the requirements of
Condition 15. In addition to those stated, Hurricane's Katrina and Wilma have
further impacted the project's schedule and the availability of materials utilized for
infrastructure development. We believe that this request is consistent with the
spirit and intent of the Code and is off -set by significant public benefits as
detailed above.
RIProject DocumentstPALM BEACH COMMUNITY CHURCHVdiscellaneous Petition #2 12- 2M5.doc
L-]
•
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799 -4243 Fax (561) 799 -4281
Request:
Planned Community Development (PCD)
Planned Unit Development (PUD)
_ Amendment to PCD, PUD or Site Plan
Conditional Use
Amendment to the Comprehensive Plan
_Administrative Approval
_Administrative Appeal
_Other
Project Name: Borland Center - aka Midtown
Owner: See Applicant Information Address:
_Annexation
_Rezoning
_Site Plan Review
_Concurrency Certificate
Time Extension
X Miscellaneous
Date Submitted: Dec. 28, 2005
Borland Center
Applicant (if not Owner): Mainstreet at Midtown Limited Partnership (Commercial
Tract)
Applicant's Address: 3399 PGA Boulevard, Suite 450, Palm Beach Gardens, Florida
33410
Applicant's Telephone: (561) 630 -6110
Agent: Cotleur & Hearing, Inc. Contact Person: Don Hearing / Brian Cheguis
E -Mail: dhearing @cotleur- hearing.com
Agent's Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, Florida 33458
Agent's Telephone Number: (561) 747 -6336 ext. 113 Fax Number: (561)747 -1377
FOR OFFICE USE ONLY
Petition Number: Date & Time Received: CITY OF POW GDNS
Fees Received
DEC 2 0 2005
PLANNING & ZONING DIV
•
•
Application $
Receipt Number:
Engineering $
Architect: Marc Wiener, AIA Phone Number: (561)750 -4111
Engineer: URS Consultants Phone Number: (561)862 -1050
Planner: Cotleur & Hearing, Inc. Phone Number: (561)747 -6336
Landscape Architect: Cotleur & Hearing, Inc. Phone Number: (561)747 -6336
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: North of PGA Boulevard, between Garden Square Blvd., and Shady
Lakes Dr.
Address: 4751 PGA Boulevard, Palm Beach Gardens Fl. 33410
Section: 1 Township: 42 S Range: 42 E
Property Control Number(s): 52- 42- 42- 01 -00- 000 -7030 / 52- 42- 42- 01 -00- 000 -7020
Acreage: 47 Acres Current Zoning: PUD -MXD Requested Zoning: PUD -MXD
Flood Zone B Base Flood Elevation (BFE) Refer to Approved Plans
Current Comprehensive Plan Land Use Designation: MXD Mixed Use
Existing Land Use: Under Development Requested Land Use: MXD
Proposed Use(s) i.e. hotel, single family residence, etc.: Commercial, Office, Residential
and Institutional
Proposed Square Footage by Use: 64,533 SF Church/Cultural Center, 64,025 SF
Commercial, 19,950 SF Restaurant and 10,900 SF of General Office
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
applicable): 225 Multi- Family Units.
Justification
• Information concerning all requests (attach additional sheets if needed.)
•
•
•
{Section 78 -46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request:
The applicant is requesting Modification to Condition 15 of Resolution 92 -2004 to
provide for a 6 month extension to the timeframe for completing the specified landscape
buffers-
Also refer to Justification Narrative Attached here to.
2. What will be the impact of the proposed change on the surrounding area?
There will be minimum impact to the surrounding areas as a result of this request. In fact
there are numerous public benefits that will occur as a result of the request.
3. Describe how the rezoning request complies with the City's Vision Plan and the
following elements of the City's Comprehensive Plan — Future Land Use, Transportation,
Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space,
Intergovernmental Coordination and Capital Improvement.
This is not applicable to this request, as the applicant is not proposing any rezoning.
4. How does the proposed project comply with City requirements for preservation of
natural resources and native vegetation (Section 78 -301, Land Development
Regulations)?
This question is not applicable to this request. The application continues to meet all
Sections of the Land Development Regulations. There are extenuating circumstances that
beyond the applicants control that mandate this request.
5. How will the proposed project comply with City requirements for Art in Public Places
(Chapter 78 -261, Land Development Regulations)?
This request will not impact the AIPP requirements for the project. The applicant has
however received approval from the Council for the proposed AIPP.
6. Has project received concurrency certification? Yes
Date received: November 29, 2001
Legal Description of the Subject Property
(Attach additional sheets if needed)
On File with City.
The subject property is located approximately 0 mile(s) from the intersection of
Garden
Square Lake Blvd. , on the X north, east, south, west side of PGA Boulevard
(street/road).
Statement of Ownership and DesijZnation of Authorized Agent
Before me, the undersigned authority, personally appeared Robert Skinner who, being by
me first duly sworn, on oath deposed and says:
1. That he /she is the authorized representative of the fee simple title owner of the
property described in the attached Legal Description.
2. That he /she is requesting Misc Petition to modify Conditions of Approval in the City
of Palm Beach Gardens, Florida.
3. That he /she has appointed Cotleur & Hearing, Inc. to act as authorized agent on his/her
behalf to accomplish the above project.
Name of Owner: MAINSTREET AT MIDTOWN LIMITED PARTNERSHIP
Mainstreet at Midtown Limited Partnership,
a Florida limited partnership
By: Mainstreet at Midtown LLC, a Florida
limited liability company, its General Partner
By: Midtown Real Estate Partners Limited Partnership,
a Florida limited partnership, its sole Member and Manager
By: Midtown GP, Inc., a Fl r i n, its General Partner
By:
Robert Skinner, Authorized Representative
3399 PGA Boulevard, Suite 450
Palm Beach Gardens, Florida 33410
(561) 630 -6110 (561) 630 -6717
Telephone Number Fax Number
bskinner@ramrealestate.com
E -mail Address
Sworn an subscribed before me this 28`h day of December, 2005.
—ko _C�XL&Lw
Notar Public
My Commission expires:
• KAHEN D G # DD 1
COMMISSION A DD 130805
s ° e EXPIRES: July 2.20M
Bondod Thru Notary Public Underwriters
0
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Applicant's Certification
VWe affirm and certify that Uwe understand and will comply with the land development
regulations of the City of Palm Beach Gardens, Florida. UWE further certify that the
statements or diagrams made on any paper or plans submitted herewith are true to the
best of my /our knowledge and belief. Further, Uwe understand that this application,
attachments, and application filing fees become a part of the official records of the City
of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
Robert Skinner, as Authorized
Representative of Owner (Signature
of Applicant)
X Owner Mainstreet at Midtown Limited
Partnership
Print Name of Applicant
Lessee 3399 PGA Boulevard Suite 450
Street Address
Lessee
Agent
Contract Purchaser
PBG, Florida 33410
City, State, Zip Code
(561) 630 -6110
Telephone Number
(561) 630 -6717
Fax Number
bskinner(a,ramrealestate. com
E -Mail Address
bf
INC,
WONSUL'nNG CIVIL ENGINEERS,
SURVEYORS do MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286 -3883
Fax (772) 286 -3925
iswww.lbfh.com
MEMORANDUM
TO: Brad Wiseman
FROM: Judy A. T. Dy
DATE: February 2, 20
FILE NO. 99 -4072
SUBJECT: Midtown (fka Borland Center, Phase I)
Pursuant to our status meeting Wednesday, February 1, 2006 please find the following
narrative for the Agenda Cover Memorandum (Staff Report) for Resolution 14, 2006:
PGA Boulevard Buffer
Relocation of the existing overhead facilities must be done prior to completion of the
PGA Boulevard Buffer. Florida Power and Light and Adelphia Cable facilities are
currently located on poles owned by BellSouth. Staff has communicated with a
representative of BellSouth that has indicated upon vacation of the poles and a release
to proceed BellSouth could remove the poles within thirty days. Staff has
communicated with a representative of Florida Power and Light and determined there
was a delay in the vacation of the poles due to the hurricane season of 2005. FPL has
indicated the lead time for the vacation of the poles is a minimum of three to four
weeks.
Shady Lakes Drive Buffer
Stormwater infrastructure needs to be installed to facilitate drainage of the Shady
Lakes Drive right -of -way prior to the completion of the Shady Lakes Drive buffer.
The surface water management system plans require modification and the permits
issued by South Florida Water Management District (SFWMD) and North Palm Beach
County Improvement District ( NPBCID) require modification. The applicant has
submitted the revised plan to the City of Palm Beach Gardens, and is in the process of
coordinating with SFWMD and NPBCID for review and modification.
Gardens Square Boulevard Buffer
The utility (water and wastewater) connections /installation across Gardens Square
Boulevard must be done prior to the completion of the Gardens Square Boulevard
buffer. Upon excavation of the existing water distribution pipe for connection,
Seacoast Utility Authority (SUA) required replacement of a portion of the existing
water distribution pipe. This unforeseen utility work delayed the progress of the utility
installation and subsequently the installation of the Garden Square Boulevard buffer.
Additionally, SUA may require the replacement of the existing sanitary sewer manhole
to which the applicant in connecting. The existing manhole is at a depth of > 20' and
would require the closure of Gardens Square Boulevard to facilitate the replacement.
This potential replacement would be determined by SUA upon coring into the
structure. Should SUA decide on the replacement this would delay the utility schedule
and the ultimate completion of the buffer.
E:\4072 \4072zzzd.doc
hINC.
•
•
Palm Beach Community Church (Borland Center)
LBFH File No. 99 -4072
Traffic Signal
Page 2 of 2
The design, installation and acceptance of the signalization are lengthy processes. A
request was submitted to Florida Department of Transportation in August 2005 for the
installation of a flashing signal at the intersection of Shady Lakes Drive and PGA
Boulevard. The applicant has posted surety for the installation of the signalization at
Garden Lake Boulevard and Military Trail. The applicant has begun the design of the
signalization for both intersections at Shady Lakes Drive and PGA Boulevard and
Garden Lakes Boulevard and Military Trail. PGA Boulevard is FDOT right -of -way
therefore upon completion of the design (of the mast arms and roadway modifications)
it must be submitted to the FDOT for their review prior to submittal to Palm Beach
County Traffic Division (PBCTD) for review and permitting. The timing of these
agency reviews are beyond the control of the applicant. Upon receipt of the required
permits the applicant must construct the roadway improvements (i.e. turn lanes,
modification of lane geometries) and place the order for the fabrication, delivery and
installation of the mast arm assemblies. The mast arm fabrication is done by national
companies and the fabrication time is a minimum of three to four months. The delay in
fabrication time is due to the multiple hurricanes recently. Once the installation of the
mast arms has occurred all work must be inspected and accepted by FDOT and
PBCTD. During this acceptance process and prior to activation of the signal PBCTD
requires the following measures.
• Traffic signals shall flash for a minimum of 7 days prior to full operation.
• For new signals (where there was no signal before), contractor shall provide
variable message signs for both major approaches seven days before and seven
days after full signal activation.
• Variable messages read (for example), TRAFFIC SIGNAL WILL BE:
ACTIVE ON THURS MAR 29
• and TRAFFIC SIGNAL: NOW ACTIVE
Please do not hesitate to contact to contact me should you have questions or require
additional information.
JATD/
cc: Talal Benothman — Palm Beach Gardens (tbenothmanQDb .com)
James Brown — Palm Beach Gardens (jbrown@pbgLcom )
Jack Doughney — Palm Beach Gardens (jdougbney @pb flg_ com)
Todd Engle — Palm Beach Gardens (tengleQDbgfl.com)
Ron Ferris — Palm Beach Gardens (rferris &bgfl.com)
Mark Hendrickson — Palm Beach Gardens (mhendricksonQpbgfl.com)
Kara Irwin — Palm Beach Gardens (kirwin@pbgfl.com)
Stacy Rundle — Palm Beach Gardens (srundle @pb4.com)
Christine Tatum — Palm Beach Gardens (ctatum&bgfl.com)
David Reyes — Palm Beach Gardens (dreyes@,pbgflcom)
Kelvin Wise — Palm Beach Gardens (kwise(@pbgfl.com)
Brad Wiseman — Palm Beach Gardens (b wiseman@pbgfl.com)
Charles Wu — Palm Beach Gardens (cwu @pbgfl.com)
Dan Clark — LBFH, Inc. (dan- c (@,lbfli.com)
Jesse Markle - LBFH, Inc. (Jesse- m @lbfh.com)
EA4072 \4072zzzd.doc
•
0
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CITY t. ALM BCH GDNS
FEB 01 2006
Q 14 UK F Q
q PLANNING & ZONING DIV
-- - —__-- Homeowners Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council members
Subject: Response to Charles Wu letter dated January 25, 2006 in regards to the Borland
Development
Date: January 30, 2006
This letter is in direct rebuttal to the City of PBG letter dated January 25, 2006 and authored by
Charles Wu.
To start this letter I have included direct excerpts from the codes and Borland Development
Order (which have not been modified from the as written verbiage!!)
LDR Section. 78 -6. interpretation and conflict.
"(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul
any other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict
with these provided for in this chapter. Where any provision of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or
other provision of law, the provision which is more restrictive or imposes higher standards will
• control."
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure to
comply with one or more time requirements or failure to comply with a condition of development
approval."
LDR Section 78- 158(d). "Prohibited waivers: The waivers listed below shall not be granted by the City
Council.
(2) A waiver from the minimum requirements for preservation pf environmental sensitive lands as
provided in division 4 of article V. "
LDR Section 78 -250. "Preserve Area Requirements. (See Preserve Area Dialog)
a) Minimum requirements. The minimum requirements listed below shall apply to all required
preserve areas for environmentally significant lands.
(3) Minimum dimension and total area.
(a) The minimum length or width dimension of all required preserve areas shall be at least 100 feet,
except for preserve areas for historic or specimen trees when a smaller size may be appropriate. "
Resolution 92, 2004 Condition 9 (See Preserve Area Dialog)
"Prior to issuance of the clearing (land alteration) permit or first building permit, the project subdivision plat
shall be completed, approved by City Council, and recorded. The upland preserve area shall be free of
any encumbrances including, but not limited to, road rights -of -way, drainage easements, and /or utility
easements"
• Resolution 92, 2004 Waiver 2 (See Preserve Area Dialog)
"Section 787- 250(a)(3), Preserve area requirements, to allow for a reduction in the preserve area width
from 100 feet to 80 feet in the preserve along Shady Lakes Drive.
Before I start, please answer the following. Are the above passages correct or is there an
approved version of those passages that is not publicly available or a secret version not
• available to the public? If the above passages are correct as written then I challenge the City
Council Member to read the passages in relation to the answer provided by Mr. Wu. When you
read the passages I am sure you will agree Mr. Wu's responses do not reflect what the written
words have stated.
Preserve Area:
LDR 78 -250 Section (a), Minimum Requirements. This Section "a" has 4 sub - sections. Sub-
section (3) labeled "Minimum Dimension and Total Area" was violated by allowing Resolution
92, 2004, Waiver 2. Again, waivers are not allowed to LDR 78 -250 Section (a), Minimum
Requirements.
In Mr. Wu's response on this issue, Mr. Wu choose to only mention 1/7 th of only one sub-
section to LDR 78 -250 Section (a), Minimum Requirements. His interpretation is flawed,
improper and designed to give undue benefit to the developer at the expense of the
environment and the existing residents of the City. I will not debate that other provisions in the
land development regulation may contradict this LDR Section because if they would exist, they
would not be germane. (LDR 78 -6 has been supplied in this document which requires the most
restrictive or imposes a higher standard code be followed in the event of conflict)
I challenge the City Council and Planning and Zoning members to look at the written word for
prohibited waiver and compare the language of LDR Section 78- 158(d). "Prohibited waivers" with
Mr. Wu's response. You will notice that Mr. Wu embellished and added verbiage that did not
• exist to suit the point he was making.
This is probably the most critical deficiency with the Borland site and Shady Lakes Board of
Directors shall take whatever actions are required to insure this violation is corrected.
Preserve Encumbrances:
In Mr. Wu's response he totally ignored the language of Waiver 2 allowing for an 80' wide
preserve. This waiver #2 did not allow for less than 80' or allow a water retention pond to
protrude into this preserve. I would like the City Council to answer the question if you were
owed $80 by someone and had a contract for payment of the owed $80 would you accept $9 as
full payment? This concept is what Shady Lakes Development is being asked to accept.
When Mr. Wu answered my letter he was kind enough to include the verbatim transcript for the
August 5, 2004 City Council meeting. Not only did Council approve the written words for 80
feet without encumbrance there was extensive dialog on this subject (see attached full page
excerpts). Council was not comfortable in regards to this issue and when you review the
attached sheets I know you will agree.
Mr. Wu's response directs your attention to the Borland Plat. I want to point out that Council
only approved the written words in Resolution 92, 2004 (August 5, 2004). The Plat was not
submitted to council until many months after the resolution was approved. The developer had
an obligation to reconcile the Plat to the written words of Resolution 92, 2004 but did not. I
• would also like to remind Council that the Borland Plat was a consent agenda item that Council
was ready to rubber stamp until opposition was voiced. The issue of what the Plat shows or
does not show is a ploy to divert the issues at hand.
City Council granted a waiver (violating a prohibited waiver code) to allow for an 80 -foot
preserve. The Borland Plat currently has isolated preserve areas that are in non - compliance
• with the minimum 100 feet requirement that Council is prohibited from waiving and do not even
conform to the forbidden waiver #2.
Settle Agreement:
I am going to put some bulleted issue down and I want City Council to correct these bullets if
they are untrue:
a City Council required the developer to meet with neighboring communities and attempt
to resolve our issue.
a Council pleaded with neighboring communities to try to come to an agreement with the
developer
a Council told the developer not to come back to Council unless they meet with
neighboring communities
a Council praised the agreement and openly stated in the Council chambers that this
agreement was one of the reasons they would vote on the Borland Development
In Mr. Wu's response he stated, "The City was not party to, ... ". This is an absolute breach of
trust on behalf of the City. The City required average citizens to negotiate with sophisticated
development professional and now the City is saying, "You are on your Own ".
The City had imposed the same negotiation mandated requirements on other communities
including the neighboring communities to Christ Fellowship Church, Winchester Courts, Sabal
Ridge, etc. Does the City plan on using the same methodology on those communities if the
• developer faults on the agreement and simply turn your backs on the existing residents of the
City?
Although this maybe a legal position and defendable in court it certainly is not an ethical
position in my opinion.
Traffic Light
There were 66 accidents between Military Tr and Central Blvd from August 12005 and January
24, 2006. This is a very busy section of PGA Blvd and a working traffic signal is long overdue
(August 12005 was the deadline for installation). Again RAM has ignored their responsibities an
has put drivers, bikers and walkers lives at risk and the city in a possible liability situation.
Borland,RAM or the city has shut down the sidewalk on PGA Blvd between Shady Lakes Blvd
and Garden Square thereby forcing Gardens High students to run across PGA Blvd to the
sidewalk in front of PGA Commons or worse yet to walk or ride in the bike lane against the
oncoming traffic. This is an unacceptable situation, please see that it is corrected before there
is a tragedy.
In addition American Construction a contractor performing work at the Borland site has brought
a tanker truck into Shady Lakes, taken off the storm sewer grate and extracted water for use
on the Borland site. Their truck has been parking on our grass. I asked code enforcement to put
a stop to this which they thought they did, only to have American tank truck back again on
• January 30, 2006.
I don't know who is responsible for enforcement of the development order and the
administration of punishment for all these violations but someone must take responsibity and
take the proper action.
• In conclusion the Board has voted to take the required measures to protect the the interest of
residents of Shady Lakes. Shady Lakes request the City to correct the above described defects
in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staff's response to this letter as a permanent record in the
Borland project file.
Thank You for your consideration in this matter.
Yours
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor, w /att
Mr. Eric Jablin, City of Palm Beach Gardens Vice - Mayor, w /att
Mr. Hal Valeche, City of Palm Beach Gardens Councilman, w /att
Mr. David Levy, City of Palm Beach Gardens Councilman, w /att
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman, w /att
Mr. Craig Kunkle, P&Z Chairman, w /att
• Mr. Barry Present, P&Z Vice Chairman, w /att
Mr. Michael Panczak, P&Z member, w /att
Mr. Dennis Solomon, P&Z member, w /att
Mr. Randolph Hansen, P&Z member, w /att
Mr. Jonathon Rubins, P&Z member, w /att
Mr. Douglas Pennell, P&Z member, w /att
Joy Hecht (1 st Alt.) , w /att
Amir Kanel (2nd Alt.) , w /att
City of Palm Beach Gardens Attorney, w /att
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director, w /att
Mr. Walter Schmidt, Garden Lakes Board of Directors, President, w /att
PGA Corridor Residents Coalition Officers, w /att
Attachment: Charles Wu letter dated January 25, 2006
•
•
---- -- _ _ Homeowners- Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, Planning and Zoning members
Subject: Borland Development request for non - compliance to Ordinance 13 2004 requirements
Date: January 15, 2006
The Shady Lakes Home Owners Association (HOA) Board of Directors approved (last week prior to
the HOA having knowledge of the Borland recent request) sending a letter of non - compliance and
expectations for compliance to the City of Palm Beach Gardens (see attached letter). It is interesting
that the very items of concern that the HOA wants enforced, Borland is asking not to comply with for
an extended period of time.
The HOA would first want to express our displeasure with the illegally noticed City of Palm Beach
Gardens public hearing notice number 317185(regards to Borland site). The Shady Lakes HOA had
no reason to believe that the City did not have the right to issue such a public hearing notice, as
described above, knowing that the City has a fiduciary responsibility to the existing residents of Palm
• Beach Gardens. This issue was raised by one of our residents that follows the progress of this
development and alerted the City of a posting violation. The HOA finds it very troublesome that
without citizen intervention Borland would have gotten away with violating the legal rights of the
Citizens of Palm Beach Gardens. Is it true that this illegal action was reviewed and authorized by the
City of Palm Beach Gardens Clerk's office that is responsible for publishing public hearing notice?
This letter shall address the issues in the same order as is identified in the Borland letter requesting
relief from the requirements of Ordinance 13 2004.
Ordinance 13, 2004. Condition 15
Requirement: "The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway, the
Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the issuance of the clearing
permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation
are completed".
PGA Blvd Landscape Buffer:
• Borland Justification:
1. The existing overhead electrical lines are to be placed underground and this would be
a great benefit to all the residents of the City. The completion of this effort is months
away.
2. Turn lanes need to be cut into PGA Blvd to allow entrances for the Borland
Development from PGA Blvd.
3. Hurricane Wilma delay
• Shady Lakes HOA rebuttal: (listed per Justified item)
• 1. The existing overhead electrical lines are totally within the PGA Blvd 120' wide right -of-
way. This existing pole line is only feet away from the actual roadway lanes. To
further support this position, please look at the Borland site plan that was required to
identify all easement. You will notice that the electric utility does not have an easement
along this boarder as the developer wishes you to believe but the site plan actually
shows the electric pole (and overhang) totally within PGA Blvd property.
• 2. Turn lanes and roadway work along PGA Blvd are not a new issue. These entrances
were planned and established years ago. To state the entrances are not established to
date is not a_ valid_ excuse. The Developer, in order to gain approval for his project_ and
to entice the surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required roadway work
requirements along with the associated timetables. For clarification the turn lanes are
identified on the Borland Plat (Ord. 104, Page 114) and are approx 7 feet wide parallel
to PGA Blvd, thus not creating any conflict with the required landscape buffer as
claimed.
3. Hurricane Wilma came in on a Monday and I remember it clearly because Borland
construction was operating all day Sunday (7:00 am to dusk), the day before Hurricane
Wilma. As we worked putting up our shutters the continuous sounds of heavy
equipment rang thru. May be the developer used Sunday for a Hurricane Wilma make-
up day similar to a missed school day in violation to the City ordinance prohibiting work
on Sunday, prior to 12:00 noon.
Shady Lakes Drive Landscape Buffer:
• Borland Justification:
1. 'A previously unidentified underground drainage pipe was discovered. "The subject drainage
pipe appears to be providing Igga/ positive outfall for Shady Lakes Drive, as well as Gardens of
Woodberry. "
2. The Seacoast Utility water main to be utilized to serve the Borland site contains
asbestos and that asbestos laden portion of the pipe needs to be replaced. It is
• believed that this portion of contaminated pipe is located approximately 20' into Shady
lakes drive.
Shady Lakes HOA rebuttal: (listed per Justified item)
1. This unidentified pipe may have not been conclusively identified but the easement
containing the unidentified pipe was known and in fact it was identified in the Special
Warranty Deed, Exhibit A, page 2, between Palm Beach Community Church and the
City of Palm Beach Gardens, dated November 19, 2004 for Shady Lakes Drive right -of-
way. Exhibit "A" was prepared by a land survey company and this Exhibit "A" is dated
November 08, 2004 (Ord. 17794, Page 1700). It is interesting that Borland used the
words "providing legal positive outfall "because the drainage pipe discharged water
into a legally established drainage canal (easement recorded Ord. 2910, Page 56 and
Ord. 2611, Page 806) that not only served as drainage but also possibly provided a
water replenishment source to the established wetlands on this site.
This raises another concern brought to the attention of the South Florida Water
Management District about the amount of water continually present in the drainage
area. In the "Individual Environmental Resource Permit Staff Report" that identified
2.08 acres of wetland on the Borland site, rainfall was the only listed recharge for the
wetlands. Now knowing that the wetlands had a supplemental water source the
wetlands should be re- established or re- evaluated to insure the environment issues
have not been compromised.
2. The Seacoast water pipe in item 2 is an existing 10" water main that is clearly shown
• on the Borland Master Utility plan as being within the Shady Lakes right —of -way and
not on Borland property. The location of this pipe allows the required work to be
performed. As before, the development always required a water tie -in and the issue of
asbestos laden piping has no bearing on the installation of the required buffer.
Garden Square Boulevard
• Borland Justification
1. No justification was provided, Borland just does not want to do what is required at this
time
• Shady Lakes HOA-rebuttal:_ (listed per Justified item) -
1. Require the developer to adhere to the landscape buffer requirements on the timetable
required within Ordinance 13, 2004.
The above justifications are non - issues in regards to the Landscape buffer required plantings
and should have never been used as a justification and must not be considered.
Traffic Lights Condition 31:
Condition 31
Requirement: 'The applicant shall signalize the intersection of Shady Lakes Drive and PGA Boulevard within 12
months of the date of this development order. The signal shall be installed to be fully operational, including all
appropriate lane geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting, The signal shall be made active once the
intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida
Department of Transportation"
Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition 31 above
has been expired for some time. The HOA demands that this condition be enforced prior to any
roadways /entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
• As a point of interest last week (approximately January 5, 2006) there was a very serious accident on
the corner of Shady Lakes Drive /Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by Ordinance
13 2004. If the woman who was injured in this accident was aware of the facts in this matter, I believe
that the City would have considerable liability in this situation. This is now a known issue and if any
additional people have accidents or get injured due to lack of the traffic signal at this intersection, I am
sure all these facts will surface. The Shady Lakes HOA representative went to the PBG police
department to obtain a copy of this accident report but the City has a policy of not disclosing the
names of accident victims for two months. The HOA will revisit the City in two months to get this
accident report and all accident reports since August 5, 2005.
If you allow this requirement to be postponed as the developer wants, the City may be viewed -as
condoning an action in complete favor of a developer. This action would be very unfavorable and
create a credibility issue with the City. This traffic light is a safety feature required by the development
order to be installed by a certain time. Allowing the developer not to install a safety feature is an open
omission that developer profit takes presidents over the safety and welfare of existing residents of the
City.
Various people haye questioned this traffic light issue and the central reason given for the delays was
"who will pay for this light". Apparently there is a dialog between developments on both side of PGA
Blvd and Military Trail discussing the shared cost of these traffic lights. It seems very simple that
Ordinance 13 2004 is * development order generated for the Borland project. Borland is deriving
the benefit from Ordinance 13 2004, therefore Borland and Borland along should be obligated to pay
• the entire cost of the trAffic lights.
The decision on the traffic light could truly turn out to be a life and death decision. Is the P&Z
Board qualified to make such a decision and comfortable with the possible consequences of
that decision? To be partly responsible for the possibility of the loss of human life or human
• suffering is an awesome burden.
Expedited Permitting
The Borland PUD does not offer value added employment therefore this provision, which is currently
not enacted, is not applicable to this site and must not be considered.
While Borland is asking forgiveness for breaking the requirements of Ordinance 13, 2004 the following
condition 9 needs to be addressed.
Condition 9
Requirement: "Prior to issuance of the clearing (land alteration) permit or first building permit, the project
subdivision plat shall be completed, approved by City Council, and recorded. The upland preserve area shall be
free of any encumbrances including, but not limited to, road rights -of -way, drainage easements, and /or utility
easements"
The Borland site plan identifies a utility easement that encumbers the required preserve areas. The
site plan was approved therefore it is assumed that this easement exists or it would not have been
shown on the site plan. During the P &Z and City Council evaluation process of this site for the current
issue before the P &Z members, this issue needs to be corrected to be in accordance with Ordinance
13 2004. There are additional issues associated with the preserve on this site that were delineated in
the HOA letter to City Council dated, January 13, 2006.
Upon reading Ordinance 13 2004, it is believed that provisions of this document are in jeopardy of not
being complied with or are already in non - compliance with the development order and the HOA has
• the expectation that the development order in full verbatim compliance and strictly enforced. Shady
Lakes expects the Land Development Regulation 78 -61(b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders Suspension of development orders may occur upon failure to comply
with one or more time requirements or failure to comply with a condition of development approval. ff
In summary the reasons used to justify the time extension can be summed up in two words, WHO
CARES. All construction sites of this magnitude require underground facilities, roadway work and
deal with still undetermined interferences. The developer prior to agreeing to terms that were used to
appease and entice adjoining neighborhoods should have calculated the time required to perform this
effort.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes. The HOA believes the developer has not provided adequate justification to
be granted the requested extension and wants the existing conditions of the development order to be
strictly enforced.
This is an issue for those who care about accuracy. Borland site is currently approximately 44 acres
not 47 acres.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent record
in the Borland project file.
• Thank you for your consideration in this matter.
Yours truly,
• Steve! 3arnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P &Z Chairman, w /att
Mr. Barry Present, P &Z Vice Chairman, w /att
Mr. Michael Panczak, P &Z member, w /att
Mr. Dennis Solomon, P &Z member, w /att
Mr. Randolph Hansen, P &Z member, w /att
Mr. Jonathon Rubins, P &Z member, w /att
Mr. Douglas Pennell, P &Z member, w /att
Joy Hecht (1 st Alt.) , w /att
Amir Kanel (2nd Alt.) , w /att
City of Palm Beach Gardens Attorney
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director, w /att
PGA Corridor Residents Coalition Officers
Attachment: HOA letter to City Council dated, January 13, 2006
•
•
4
- - --_ - Homeowners Association
Palm Beach Gardens, FL 33418
City of Palm Beach Gardens, City Council members
Subject: Borland Development preserve along Shady Lakes Drive not provided in violation of
Ordinance 13, 2004
Date: January 12, 2006
It has been brought to the attention of the Shady Lakes Home Owners Association (HOA) Board of
Directors that the 80 feet preserve of Ordinance 13, 2004 that was promised to the Shady Lakes
HOA, as an enticement to sign the Settlement Agreement on the Borland parcel has not been
provided.
The proposed Development Order, Ordinance 13, 2004, which was approved August 5, 2004
provided for waiver #2 that allowed the reduction of the required "Preserve" from the minimum
required 100 feet to 80 feet.
• The Shady Lakes HOA had no reason to believe that the City did not have the right to grant such a
waiver, as described above, knowing that the City Council has a fiduciary responsibility to the
existing residents of Palm Beach Gardens. Since that time, the following information has been
brought to the attention of the HOA.
LDR 78- 158(d) lists three very specific "Prohibited Waivers "that City Council cannot grant. One of
these waivers LDR 78- 158(d)(2) does not allow City Council to waive the minimum
requirements for environmental areas (i.e.; preserves). LDR 78- 250(a)(3) lists the minimum
dimension of a preserve as 100 feet (width and /or length). City Council granted a waiver
(violating a prohibited waiver code) to allow for an 80 foot preserve. The Borland Plat currently
has isolated preserve areas that are in non - compliance with the minimum 100 feet requirement
that Council is prohibited from waiving. LDR 78 -241 states the purpose of the Environmentally
Sensitive Land ordinance as follows: "Protect the ecological values and functions"
It was also brought to the attention of the HOA that the Borland Project did not even observe the
City Council granted 80 feet preserve waiver. The promised 80 feet preserve is much smaller
than the 80 feet granted by City council via the development order due to the position of the lake
provided along the west end of the property. The two extremely small preserves will not support
the stated purpose of LDR 78 -241. The Borland Project team did not self - disclose this change in
preserve type that is self- serving and not in the interest of the City, the neighboring Communities
or the environment. Regardless of whether this was an omission, an oversight or an intentional
violation, the Borland development was allowed to violate the City code and was granted a
• prohibited waiver, and with a City Staff recommendation "for approval" for good measure.
The HOA expectation is that City Council reverse the previously granted Ordinance 13, 2004 waiver
#2 and require Borland to re -plat their development to comply with the City Codes.
• Upon reading Ordinance 13, 2004, it is believed that other provisions of this document are in
jeopardy of not being complied with or are already in non - compliance with the development order_
and the HOA has the expectation that -the development order in full - verbatim com iance -and
strictly enforced. Shady Lakes expects the Land Development Regulation 78 -61(b) be invoked and
all work suspended on the Borland site until the development order has been complied with.
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure
to comply with one or more time requirements or failure to comply with a condition of
development approval."
Condition 9
Requirement: "Prior to issuance of the clearing (land alteration) permit or first building permit, the
project subdivision plat shall be completed, approved by City Council, and recorded. The upland
preserve area shall be free of any encumbrances including, but not limited to, road rights -of -way,
drainage easements, and /or utility easements"
Concern: Borland Plat extends the site required water retention pond into the required preserve,
thus being in violation of Condition 9.
Condition 15
Requirement: "The applicantshall install the landscaping and irrigation for the PGA Boulevard
• Parkway, the Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the
issuance of the clearing permit, or no further permits or inspections will be issued for the project
site until said landscaping and irrigation are completed':
Concern: The clearing permit was issued August 2005 and the HOA will expect the City to enforce
this condition as written. Borland currently has less than one month to complete this effort.
Today, January 11, 2006 new stakes were noticed along Shady Lakes Drive that appear to be
provided as a guide to cut -in an exit point from the site. If this assumption is correct, this is
unacceptable because of the Condition #15 and the location of this exit point is in a location that
has a buffer. There shall be an established buffer as shown on the Plat in less than 1 month or
Borland construction must be suspended per the development order.
Condition 31
Requirement: "The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within 12 months of the date of this development order, The signal shall be installed to
be fully operational, including all appropriate lane geometry (as determined by Palm Beach County
and the Florida Department of Transportation), pavement markings, signage, and lighting. The
signal shall be made active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of Transportation"
Concern: Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition
31 above has been expired for some time. The HOA demands that this condition be enforced prior
• to any roadways /entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident
on the corner of Shady Lakes Drive /Hickory and PGA Blvd that required the attention of the Fire
• Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by
Ordinance 13, 2004. If the woman who was injured in this accident was aware of the facts in this
- -
--matter -I believe that the -City Would -have considerable liability in this situation. This is now a
known issue and if any additional people have accidents or get injured due to lack of the traffic
signal at this intersection, I am sure all these facts will surface.
Waiver 7
Requirement: "Preserve area requirement, to allow for off-site mitigation in lieu of on -site
preserve area for 1.57 acres of the required set asides to a 4.6 -acre site"
Concern: This site had approximately 20 acres of environmentally sensitive land thus requiring
over 4 acres of preserve to be established on this site. This site currently has less than 1 acre of
preserves, thus not meeting the minimum requirement and being far less than required by waiver
7. It is the HOA's expectation that the required preserve be established in accordance with this
waiver, which was utilized as an incentive and enticement to sign the Settlement Agreement on
the Borland parcel.
Now that the Board of Directors of Shady Lakes is aware of and understands the various defects in
the Borland site plan, we are saddened that the City would give overwhelming advantages to
developers over the environment, quality of life and residents of the City. The above issues are
only what the HOA board, as laymen, have been able to determine have been overlooked in favor
of the developer and we believe a comprehensive review of all requirements should be conducted
• to insure the laws and processes have been fairly applied.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes as applicable, send this letter and to request the City to correct these
defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staff's response to this letter, if applicable, as a permanent
record in the Borland project file.
Thank you for your consideration in this matter.
Yours ,
of-Let-
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jodie Barnett, City of Palm Beach Gardens Councilwoman
• City of Palm Beach Gardens Attorney
PGA Corridor Residents Coalition Officers
02-01 -06 P12:10 I
Woodberry Lakes Homeowners' Association, Inc.
• (aka Gardens of Woodberry)
c/o Associated Property Management of the Palm Beaches, Inc.
1928 Lake Worth Road, Lake Worth, Florida 33461
Tel: 561 - 588 -7210 Fax: 588 -2411
January 30, 2006
City of Palm Beach Gardens
City Council Members
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Borland Development Preserve Along Shady Lakes Drive not provided in
violation of Ordinance 13, 2004
The Woodberry Lakes Homeowners' Association, Inc. Board of Directors approved
sending a letter of non - compliance and expectations for compliance to the City of
Palm Beach Gardens. It is interesting that the very items of concern that the HOA
wants enforced, Borland is asking not to comply with for an extended period of time.
It has been brought to the attention of the Woodberry Lakes Homeowners'
• Association, Inc. Board of Directors that the Borland plat currently has isolated
preserve areas that are in non - compliance with the minimum 100 feet requirement
that City Council is prohibited from waiving. LDR 78 -241 states the purpose of the
Environmentally Sensitive Land ordinance as follows: "Protect the ecological values
and functions."
It has also been brought to the attention of Woodberry Lakes Homeowners'
Association, Inc., that the Borland Project did not observe the City Council- granted
80 feet preserve waiver. The promised 80 feet preserve is much smaller than the
80 feet granted by City Council via the development order due to the position of the
lake provided along the west end of the property. The two extremely small
preserves will not support the stated purpose of LDR 78 -241. The Borland Project
team did not self - disclose this change in preserve type that is self - serving and not in
the interest of the City, the neighboring communities or the environment.
Regardless of whether this was an omission, an oversight, or an intentional
violation, the Borland development was allowed to violate the City code and was
granted prohibited waiver, and with a City Staff recommendation "for approval" for
good measure.
The HOA expectation is that City Council reverse the previously granted Ordinance
13, 2004, waiver #2 and require Borland to re -plat their development to comply with
the City Codes.
• Regarding Ordinance 13, 2004, it is believed that other provisions of this document
are in jeopardy of not being complied with or are already in non - compliance with the
development order and the HOA has the expectation that the development order in
full verbatim compliance and strictly enforced. Woodberry Lakes expects the Land
. Development Regulation 78 -61(b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section 78 -61. "Effective period of development orders and enforcement of
conditions.
b) Suspension of development orders. Suspension of development orders may
occur upon failure to comply with one or more time requirements or failure or
comply with a condition of development approval."
Condition 9
Requirement: "Prior to issuance of the clearing (land alteration) permit or first
building permit, the project subdivision plat shall be completed, approved by City
Council, and recorded. The upland preserve area shall be free of any
encumbrances including, but not limited to, road rights -of -way, drainage easement,
and /or utility easements."
Concern: The clearing permit was issued August 2005 and the HOA will expect the
city to enforce this condition as written. Borland currently has less that one month to
complete this effort.
Condition 15
Requirement: "The applicant shall install the landscaping and irrigation for the PGA
• Boulevard Parkway, the Shady Lakes Drive and Garden Square Boulevard buffers
within six (6) months of the issuance of the clearing permit, or no further permits or
inspections will be issued for the project site until said landscaping and irrigation are
completed."
PGA Boulevard Landscape Buffer
• Borland Justification:
• The existing overhead electrical lines are to be placed underground
and this would be a great benefit to all the residents of the city. The
completion of this effort is months away.
• Turn lanes need to be cut into PGA Blvd. to allow entrance to the
Borland Development from PGA Blvd.
• Hurricane Wilma delay
• Woodberry Lakes Rebuttal:
o The existing overhead electrical lines are totally within the PGA Blvd.
120' wide right -of -way. This existing pole line is only feet away from
the actual roadway lanes. To further support this position, please
look at the Borland site plan that was required to identify all
easements. You will notice that the electric utility does not have an
easement along this boarder as the developer wishes you to believe
but the site plan actually shows the electric pole(and overhang) totally
• within PGA Blvd. property.
o Turn lanes and roadway work along PGA Blvd. are not a new issue.
These entrances were planned and established years ago. To state
the entrances are not established to date is not a valid excuse. The
Developer, in order to gain approval for his project and to entice the
• surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required
roadway work requirements along with the associated timetables.
For clarification the turn lanes are identified on the Borland Plat (Ord.
104 page 114) and are approximately 7 feet wide parallel to PGA
Blvd. thus not creating any conflict with the required landscape buffer
as claimed.
o Hurricane Wilma came in on a Monday. Construction was operating
all day Sunday (7:00am until dusk), the day before Hurricane Wilma.
This is in violation to the City Ordinance prohibiting work on Sunday,.
prior to 12:00 noon.
Shady Lakes Drive Landscape Buffer:
• Borland Justification:
o "A previously unidentified underground drainage pipe was discovered.
The subject drainage pipe appears to be providing legal positive
outfall for Shady Lakes Drive, as well as Gardens of Woodberry".
o The Seacoast Utility water main to be utilized to serve the Borland site
contains asbestos and that asbestos laden portion of the pipe needs
to be replaced. It is believed that this portion of contaminated pipe is
located approximately 20' into Shady Lakes Drive.
• Woodberry Lakes HOA rebuttal:
o This unidentified pipe may have not been conclusively identified but
the easement containing the identified pipe was known and in fact it
was identified in the Special Warranty Deed, Exhibit A, page 2,
between Palm Beach Community Church and the City of Palm Beach
Gardens, dated November 19, 2004 for Shady Lakes Drive right -of-
way. Exhibit "A" was prepared by a land survey company and this
Exhibit "A" is dated November 8, 2004 (ORD. 17794, page 1700).
The drainage pipe discharged water into a legally established
drainage canal (easement recorded Ord. 2910, page 56 and Ord.
2611, page 806) that not only served as drainage but also possibly
provided a water replenishment source to the established wetlands on
this site.
o This raises another concern brought to the attention of the South
Florida Water Management District about the amount of water
continually present in the drainage area. In the "Individual
Environmental Resource Permit Staff Report" that identified 2.08
acres of wetland on the Borland site, rainfall was the only listed
recharge for the wetlands. Now knowing that the wetlands had a
supplemental water source the wetlands should be re- established or
re- evaluated to insure the environment issues have not been
compromised.
• o The Seacoast water pipe is an existing 10" water main that is clearly
shown on the Borland Master Utility plan as being within the Shady
Lakes right -of -way and not on Borland property. The location of this
pipe allows the required work to be performed. As before, the
development always required a water tie -in and the issue of asbestos
• laden piping has no bearing on the installation of the required buffer.
Condition 31:
Requirement: "The applicant shall signalize the intersection of Shady Lakes Drive
and PGA Boulevard with 12 months of the date of this development order. The
signal shall be installed to be fully operational, including all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting. The signal shall be
made active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of Transportation."
Concern: Ordinance 13, 2004 was approved August 5, 2004 and the 12 months
noted in Condition 31 above has been expired for some time. The HOA demands
that this condition be enforced prior to any roadways /entrances being established
on Shady Lakes Drive. The City must suspend all development on this site until this
condition is satisfied.
Expedited Permitting:
The Borland PUD does not offer value added employment therefore this provision,
which is currently not enacted, is not applicable to this site and must not be
considered.
• While Borland is asking forgiveness for breaking the requirements of Ordinance 13,
2004 the following Condition 9 needs to be addressed.
Condition 9:
Requirement: "Prior to issuance of the clearing (land alteration) permit or first .
building permit, the project subdivision plat shall be completed, approved by City
Council, and recorded. The upland preserve area shall be free of any
encumbrances including, but not limited to, road rights -of -way, drainage easements,
and /or utility easements."
The Borland site plan identifies a utility easement that encumbers the required
preserve areas. The site plan was approved, therefore it is assumed that this
easement exists or it would not have been shown on the site plan. During the P &Z
and City Council evaluation process of this site for the current issue before the P &Z
members, this issue needs to be corrected to be in accordance with Ordinance 13,
2004.
Waiver 7:
Requirement: "Preserve area requirement, to allow for off -site mitigation in lieu of
on -site preserve area for 1.57 acres of the required set asides to a 4.6 acre site."
Concern: This site had approximately 20 acres of environmentally sensitive land
• thus requiring over 4 acres of preserve to be established on this site. This site
currently has less than one (1) acre of preserves, this not meeting the minimum
requirement and being far less than required by Waiver 7.
Now that the Board of Directors of Woodberry Lakes HOA is aware of and
• understands the various defects in the Borland site plan, we are distressed that the
City would give overwhelming advantages to developers over the environment,
quality of life and residents of the City. The above issues are what the HOA Board,
as laypersons, have been able to determine have been overlooked in favor of the
developer and we believe a comprehensive review of all requirements should be
conducted to insure the laws and process have been fairly applied.
The Board has voted to take the required measures to protect the interest of the
residents of Garden of Woodberry as applicable, send this letter and to request the
City to correct these defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staff's response to this letter, if applicable, as a
permanent record in the Borland project file.
Thank you for your consideration in this matter.
Sin erel ,
Woodie Van Voorhees
As President
Woodberry Lakes Homeowners' Association, Inc.
• cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jodie Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P &Z Chairman,
Mr. Barry Present, P &Z Vice Chairman
Mr. Michael Panczak, P &Z Member
Mr. Dennis Solomon, P &Z Member
Mr. Randolph Hansen, P &Z Member
Mr. Jonathon Rubins, P &Z Member
Mr. Douglas Pennell, P &Z Member
City of Palm Beach Gardens Attorney
•
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
January 25, 2006
Steve Barnes
Shady Lakes Board of Directors, President
Homeowners Association
1011 Shady Lakes Circle North
Palm Beach Gardens, FL 33418
Response to: Letters dated January 12, 2006 & January 15, 2006
Dear Mr. Barnes:
The City is in receipt of your letters dated January 12, 2006, and January 15, 2006, concerning
the Borland Center PUD and offers the following responses:
Public Hearings
The applicant for the Borland Center PUD filed an amendment to their development order on
December 29, 2005, requesting to amend certain conditions of approval. This application was
scheduled for public hearings before the PZAB on January 24, 2006, and the City Council on
February 2, 2006. In accordance with Section 78 -54, Code of Ordinances, the applicant is
required to satisfy the public notice requirements, which consist of mailing notices, posting of
property, and bearing the cost of the newspaper advertisements placed by the City.
While deadlines for the mailers and newspaper advertisements were met for the public hearing,
staff received the applicant's affidavit attesting to the posting of the property on January 13,
2006. The affidavit notified staff that the signs were posted on January 12, 2006, which is only
12 days before the PZAB public hearing. Since the signs were not installed at least 15 days prior
to the PZAB public hearing, staff removed the item from the PZAB and City Council agendas.
Please note that this application is currently scheduled for public hearings before the PZAB on
February 14, 2006, and the City Council on March 2, 2006. These public hearings will require
new notices to be mailed, new Palm Beach Post advertisements, and posting of the property in
accordance with Section 78 -54, Code of Ordinances.
Environmental Set -Aside
Section 78 -158 (d) (2), Code of Ordinances, prohibits waivers from the minimum requirements
for the preservation of environmentally sensitive lands, which requires a minimum 25% set -
aside. Please be advised that no waiver was granted to the 25% environmental set -aside
requirement: -
The Land Development Regulations allow the City Council flexibility in approving the size of
preserves. Section 78 -250 (a) (1) (d), Code of Ordinances, states:
•
Page 2 of 3
Letter to Shady Lakes HOA
The City Council shall have the authority and flexibility to define the preserve area
• boundaries or adjust the size of such boundaries.
Please be advised that Resolution 92, 2004, Condition 40, allows the City Council to approve the
mitigation of 3.39 acres of preserve off -site, through separate resolution. On February 18, 2005,
the City Council adopted Resolution 10, 2005 (please see attached), which approved the off -site
mitigation of 3.39 acres of upland preserve (.94 acres on- site). The environmental assessment
completed for the site yielded 4.33 acres of environmentally significant lands required to be
preserved. Section 78 -249 (b), Code of Ordinances, allows off -site mitigation for required
preserves less than 10 acres in size. Please be advised that this code section states:
If listed species do not exist on the site, or on -site preservation would yield a preserve
area that is less than the preferred minimum of ten acres, or unavoidable impacts to
wetlands occur, an alternative form of mitigation acceptable to the City Council may be
implemented consistent with Section 78 -252, Code of Ordinances.
In relation to the discrepancy of the preserve acreage included in waiver number seven, please
refer to the February 14, 2005, memo to the City Clerk (please see attached).
Preserve Encumbrances
The preserve tract designated on the Borland Center plat is in compliance with the Code of
Ordinances, is not encumbered by utility easements, and does not encroach into the on -site
stormwater retention pond. The preserves, lake, and easements are all platted by separate tracts
(Please see attached plat).
• Settlement Agreement
The City was not party to, or had any specific knowledge of a settlement agreement between the
Shady Lakes HOA and the Borland Center. Settlement agreements signed by two private parties
do not fall within the legal scope of City staff's enforcement obligations.
Landscape Buffers
The landscape buffers adjacent to PGA Boulevard, Shady Lakes Drive, and Gardens Square
Boulevard are required to be installed by February 4, 2006, which is six months from the
issuance of the clearing permit (August 4, 2005). If these buffers are not installed by this date,
the City shall cease issuing permits and conducting inspections, in accordance with Resolution
92, 2004. Please be advised that the applicant has fled a development application to allow for a
six -month time extension, which will be presented at duly- noticed public hearings before the
PZAB on-February 14, 2006, and the City Council on March 2, 2006. Please note that unlike the
landscape buffers, preserves are required to be installed prior to issuance of the first Certificate
of Occupancy.
Expedited Permitting
The applicant for the Borland Center PUD has not applied for or been given the option of
expedited permitting.
•
•
•
Page 3 of 3
Letter to Shady Lakes HOA
Traffic Signal
The deadline for the installation of the PGA Boulevard and Shady Lakes Drive traffic signal was
August 5, 2005. The applicant submitted the appropriate permit for staff to make an application,
and has taken steps in meeting this requirement. Please be advised that City staff will be
proposing amended language to condition number thirty-one that provides a time - sensitive
schedule of completion for this signal. This proposed amendment will be heard at duly- noticed
public hearings before the PZAB on February 14, 2006, and the City Council on March 2, 2006.
City staff encourages residents to participate in the quasi-judicial process at the above mentioned
public hearings. At these public hearings the applicant will present the proposed amendment,
followed by questions from the City Council or PZAB, and then the opportunity for public input
and comment.
The City would like to thank you for your comments and assure you that City staff is working
diligently to ensure the compliance of the Borland site with the development order and the Code
of Ordinances.
Sincerely,
(I
t_. UJ__"
Charles Wu, AICP
Growth Management Administrator
Enclosures (6)
cc: Mayor & City Councilmembers
Ron Ferris, City Manager
Christine Tatum, City Attorney
Patty Snider, City Clerk
Kara Irwin, Planning Manager
Brad Wiseman, Senior Planner
r1
LJ
C`
0
TO: Patricia Snider, City Clerk DATE: Feb. 14, 2005
FROM: Charles K. Wu, Growth Management Administrator Cut.-,
SUBJECT: Borland Public Hearing on 8/5/2004
I have reviewed the verbatim transcript of the City Council hearing held on August 5,
2004, related to the Borland Center approval. Staff advised the Council that at the July 25, 2004
meeting of the Planning and Zoning Commission, a resident had brought to our attention a
potential discrepancy in the acreage required for on -site preservation. Testimony of Ms. Irwin:
It was verified that there is a requirement of 4.33 acres for upland preservation on the
site or for the site. The initial upland environment assessment did say they were required
to put 2.37 aside. The City's environmental consultant did not agree with that
assessment, and required them to redo it, which provided for a 17.9 viable upland area
on the site, which made the requirement 4.33. The City verified the resident as correct,
and based on that we have proposed to amend resolution condition number 40, which is
proposed as no less than 2.73 acres is now being proposed 4.33 acres. And also by no
more than 3.39, which is a difference ference of zero point nine four as provided on-site. .
There is also a waiver of approval in the resolution and in that regard for a specific
acreage for the proposed off- -site and also has been changed to 3.39. (pages 19 and 20)
At the conclusion of the public hearing, the Council voted to approve Resolution 92, 2004 with
the changes proposed by staff to change the upland preservation acreage to 4.33.
My review of the file indicates that the acreage was correctly changed in condition 40 of
Resolution 92, 2004, but that the waiver No. 7 should have been reworded to match the
condition. It is my opinion that it was clearly the intent of the Council, as evidenced by the
verbatim transcript, that the acreage numbers be consistent in both places of the resolution.
I would therefore respectfully request that this memorandum be included in the official file for
the hearing held on August 5, 2004 for Case No. PUD 01 -13. By this communication, I also
direct Planning Technician Heather Graeve to include this memorandum in the official file for
Case No. PUD 01 -13.
Attachment: Minutes from Aug. 5, 2004 Council Meeting
CC: Ron Ferris, City Manager
Chris Tatum, City Attorney
Kara Irwin, Senior Planner
Sheryl Stewart, Asst. to the City Manager
Talal Benothman, P&Z Dir.
•
•
CITY OF PALM BEACH ARDENS
IsMEMORANDU
TO: Mayor and City CouncU Members '
DATE: July 29, 2005 1
FROM: Charles Wu, Growth Management Administrator
THROUGH: Ronald Ferris, City Managcr
CC: Jack Doughney, Community Servic" Administrator
SUBJECT: Borland Center PUD - Traffic Light Shady Lakes Drive
This memorandum is to update you on the
you were provided at the July 21" City Council h
has submitted an application for the signal i
completeness, will be submitted by the City to F
review of the record in the Borland case, we have
the intent of Condition #31, as clarified by the City
For your reference, on August 5, 2004, the
2004, which approved the Borland Center Planned
advised that condition of approval #31 states:
The applicant shall signalize the intersection of
within (12) months of the date of this devel nm=
be fully operational, including all appropriate 1
Beach County and Florida Department of Trani
and lighting. The signal shall be rude active oa
meets the approval rcquircmcnts of Patin Beach
Transportation. (City Engineer)
7 discussed in the attached email
ig. Since July 21 ", the applicant
lation which, after review for
Beach County. Based upon our
rminod that the applicant has met
icit at the Public Hearing.
Council adopted Resolution 92,
Development (PUD). Please be
ady Lakes Drive and PGA Boulevard
order. The signal shall be installed to
e geometry (as determined by Palm
rtation), pavement markings, aignage,
the intersection warrants a signal and
ounty and the Florida Department of
During the public hearing on this matter, th was detailed discussion by the
Council and the applicant concerning the inttat and m n8 of this condition, in view of
the fact that the City rather than the property o must be the permittee for the
installation of the light. Staff has listened to the audi recording of the meeting to verify
the comments and conclusions reached at the meeting It is clear that the Council agreed
that the City would submit the petitioner's application for the permit to install the light,
and that the Council would not enforce a violation of that condition if the City prohibited
the applicant from carrying out the condition. In conclusion, the discussion was "put on
the record" by the Mayor.
City staff has instructed the applicant to submit the traffic light permit to the City
for review and sign -off prior to receiving a cl permit. Once staff has determined
that the permit application is complete, it is staff's ition to release the clearing permit
as this meets the spirit and intent of the conditiorm f the applicant does not continue to
make progressive steps in meeting the requir+em is of this condition, the City has
numerous enforcement remedies available.
If you have any questions or concerns, an4 wish to discuss this matter at the
August 4, 2005 Council Meeting please contact the C ty Manager.
•
CC: Kara Irwin, Planning Manager
Brad Wiseman, Senior Planner
0
•
-DEF- 01- 200`. 12: 12
JEB BUSH
GOVERNOR
PtiLr', �- IT',* PL
296 2925 P.02'0
(' VQA
qql . 41I It
Florida Department of Transportation
TRAFFIC OPERATIONS — DISTRICT 4
3400 Wect Commerclal Boulevard
Fort Lauderdale, FL 33309.3421
Telephone (954) 777-4350
Toll Free 866.336.8435
August 23, 2005
Mr. Daniel P. Clark, P.E.
Palm Beach Gardens City Engineer
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Mr. Clark:
DENVER 7. STUTLER, JR.
SECRETARY
Re: State Section 930010000; SR 786 (PGA Boulevard) at Shady Lakes Drive/Hickory Drive,
Palm Bcach Gardens, Palm Beach County
TRAFFIC SIGNAL REQUEST
• Thank you for your letter dated August 2, 2005, regarding the evaluation conducted by Pinder
Troutman Consulting, Inc. (PTC) at the intersection of SR 786 and Shady Ickes Drive/Hickory
Drive in Palm Beach County. The Florida Department of Transportation (FDOT) appreciates your
interest in traffic control and safety.
•
The PTC evaluation revealed that the existing traffic volumes along Shady Lakes Drive and Hickory
Drive are lower than those that would suggest the need for traffic signal control. However, the study
also anticipates that a traffic signal will be justified at the intersection of SR 786 and Shady Lakes
Drive/Hickory Drive upon completion of The Commons and Bruce E. Borland Center developments
by the year 2008. Therefore, based upon this projected analysis, the Department will authorize the
installation of a flashing signal at the subject intersection at this time, capable of being modified to a
fully operational signal in the future when warranting conditions are met.
Installing a traffic signal at this location will provide optimum spacing between the proposed traffic
signal and existing traffic signals along SR 786, allowing for coordinated signal operation system
between them. The FDOT expects that the proposed coordinated signal system will enhance traffic
operations throughout the corridor and create gaps in the traffic flow that will provide opportunities
for motorists to enter SR 786 from the many other side roads and driveways. Therefore, in order to
ensure that this location operates safely and efficiently under future conditions, please provide
construction plans depicting the intersections proposed signalization and geometric configurations.
www.dot.state.fl.us
_ ' _ =L 286 2925
SEP -01 -?005 12= 17 LBFH PALL CIT.'
Daniel P. Clark, P.E.
• August 23, 2005
Page Two
C]
•
Thank you again for your interest in this matter. If you have any questions or need further
information, please do not hesitate to contact me at (954) 777 -4351.
Since y,
Mark Plass, P.E.
District Traffic Operations Engineer
MP:ja
cc: Dan Weisberg, P.E. Palm Beach County Traffic Division Director
Rick Mitinger, P.E., FDOT Assistant Traffic Operations Engineer
Julio A. Alegre, FDOT Traffic Studies Project Manager
Larry Kelly, FDOT Traffic Studies Specialist
file
www.dot.state.fl.us
TCTi =L P.@:
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GARDEN LAKES RESIDENTS!
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Should construction continue without a set date for the
required traffic signals?
Should construction continue without a set date for the
perimeter buffers?
If ou would like to have
Y Valentine's
some input, DAY. 6:30
PLEASE come and speak up!
Gardens municipal complex,
no voil upant to be safe? Do voij warft oear neiobbor bood to look better?
Please come to the Planning, Zoning and APPEALS Board meeting.
On Valentine's DAY!
6:30, Municipal Complex
Don't think we can't do anything. WE CAN ! At least come cheer me on!
$O ND CENTER I9ANTS MORE DELAYS!
(Due to:
"delays resulting from Hurricane Wilma ",
and "conflicts discovered
during construction"
( "beyond their control ")
WHEN WILL WE AYE THE 2 WHEN WILL WIE HAVE THE
REQUIRED TRAFFIC SIGNALS' 30 FOOT BUFFERS?
U
•
Garden Lakes HOA, Inc.
11511 Garden Lakes Circle
Palm Beach Gardens, FL. 33418
(561) 622 -9199 fax 691 -2075
e -mail gardenlakes2005 @yahoo.com
City of Palm Beach Gardens, City Council members
Subject: Borland Development concerns
Date: February 3, 2006
CITY OF PALM BCH GDNS
FEB 0 9 2006
PLANNING & ZONING DIV
This letter is to advise the City that the Garden Lakes Home Owners Association (HOA) has been
sent copies of the recent Shady Lakes Board of Directors letters transmitted to the City Council and
Planning and Zoning in regards to the subject development.
The Garden Lakes Home Owners Association Board of Directors unanimously voted in favor of fully
endorsing and supporting the positions stated in the Shady Lakes letters. It is the expectation of the
HOA that the development order be strictly enforced. As our friends in Shady Lakes stated, the
HOA expects the Land Development Regulation 78 -61(b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section. 78 -61. "Effective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure to comply
with one or more time requirements or failure to comply with a condition of development approval."
In addition to the items listed in the Shady Lakes letter the Garden Lakes HOA wants resolution to
the following issue.
Borland was required as does all development to show all existing easements affecting their
development on the site plan. Borland forgot a very important easement that greatly affects our
development.
Palm Beach Community Church (Borland) bought their property from Community Finance Company
(McArthur Foundation) in 1999 (Orb. 11417, page 293). On page two (2) of this deed there is a
built -in easement. The document states that there shall be a "30 feet easement adjacent to the
external boundary lines of the land" (except PGA Blvd that requires a larger easement)(copy
attached). This easement was not shown on the site plan as required thus an omission occurred
that negatively effects our development.
The buffer provided between Borland and Garden Lakes is thirteen (13') feet wide not 30 feet as
required.
I also found the following Land Development requirement that requires a minimum of 20 feet buffer.
I will not debate that other provisions in the land development regulation contradict LDR Section 78-
154 for this PUD. For that reason I have included LDR 78 -6 that requires the most restrictive or
imposes a higher standard code be followed in the event of conflict. Again, Garden Lakes was only
provided with a thirteen foot buffer.
LDR Section, 78 -154. PUD -- Planned unit development overlay district.
•(g) (11) Setbacks required. The city council may impose appropriate setbacks along the perimeters of PUDs
as a means to buffer the adjacent land uses. However, a setback shall be at least 20 feet for PUDs proposing
commercial and industrial uses adjacent to lower intensity land uses such as but not limited to conservation,
residential, recreational, and institutional uses.
isLDR Section. 78 -186. Yards.
(b) (10) Buffer areas required where commercial or industrial use abuts residential use.
a. Required buffers. Whenever a commercial or industrial use abuts an existing or future residential use, as
shown in the comprehensive plan of the city, the buffers described below shall be installed.
1. A landscaped buffer with a minimum width of 15 feet shall be provided on the commercial or industrial use
site adjacent to the abutting residential property line. The buffer shall create a completely opaque visual barrier
which may consist of a fence or wall with a maximum height of eight feet, constructed of solid, manmade
materials and shall be located at a minimum distance of five feet from the property line.
2. Alternatively, a berm with sufficient landscaping to create a minimum combined height of eight feet adjacent
to the abutting property line or at a sufficient distance from the property line to allow maintenance of such buffer.
LDR Section. 78 -6. Interpretation and conflict.
"(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul any
other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict with
these provided for in this chapter. Where any provision of this chapter imposes restrictions different from those
imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of
law, the provision which is more restrictive or imposes higher standards will control."
As required by code there shall be a completely opaque visual barrier installed a minimum
distance of five feet from the property line. Because our HOA members will be required to look
at the back side of this barrier for many years to come, the HOA request that Garden Lakes get to
review, recommend changes and accept whatever design is proposed for this barrier, prior to
installation.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Garden Lakes as applicable, send this letter and to request the City to correct these
• defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent
record in the Borland project file.
Thank you for your consideration in this matter.
Yours truly,
l
Walter Schmidt
Garden Lakes Homeowners Association, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice -Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P &Z Chairman, w /aft
Mr. Barry Present, P &Z Vice Chairman, w /aft
Mr. Michael Panczak, P &Z member, w /att
Mr. Dennis Solomon, P &Z member, w /att
• Mr. Randolph Hansen, P &Z member, w /att
Mr. Jonathon Rubins, P &Z member, w /att
Mr. Douglas Pennell, P&Z member, w /att
Joy Hecht (1 st Alt.) , w /att
Amir Kanel (2nd Alt.) , w /att
•
City of Palm Beach Gardens Attorney
Mr. Talal Benothman, City of Palm Beach Gardens Growth Management Director, w /att
Mr. Brad Wiseman, City of Palm Beach Gardens Growth Management
Mr. Steven Barnes, Shady Lakes Board of Directors, President
PGA Corridor Residents Coalition Officers
Attachment: Borland original deed
•
•
•
•
.^ .*
Oet -25-1999 87 :53as 99- 42530e
M 11417 Pg 2193
Con 4,00,116.88 am MtM.80
tlsuq�i��l >:a�ont>litm4u�l�gldl�t
This Ducurrt VNas Pretiared IIy y R0urst.to:
Stephen3. Mitchell, Esquire
Annis, Kitchell, Cocker, Edv�wds & Roebn, P.A.
P.D_ Box 3433
Tampa, Florida' 3602
Record � itcturn��tr=
First Title
9553 �stvP�Ar
Coral SprlsR -6, Fl, 33076
tj` SPECIAL WARRANTY DEED
r RISE WARRANTY DEED made tint �� day of Octoler, A.D_, 1999, by
COMM UNITIES.Pj ANCE COMPANY, a Delaware corporation, hereinafter called grantor, to:
PALM l3) ~4CM, KUNITY CHURCH, a Florida not -for proi"n corporation whose post
office Address is`•. RCA Boulevard, Suite 7009, Palm Beach Gardens, Florida 33430,
hcrcinafter called grantee:,
Ovhcn ` r, d herein the terms "granim" and "19azrtee" include
all partiies` thins insuwmnt aad the heirs, legal representatives .^.rd
assigns o �_iitdNiduals, and the a-exxessors and assigw of
corporstiortS.�f`>
WITNESSET I: That Mfr (i , for anti in consideration of the stun of TE'?l DOLLARS
(510.00) and other valuable cow- iterations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, rant rcicascs, conveys and confirms unto grantee, all that
certain land situated in Palm Beach C6uriiy, Florida, vii•
THE LAND 1S DESCRi13k1.ON &XWJ]IIT ATTACHED TO
AND MADE A PART t)� DEED
ms`s ,1
hereinafter called the Land, `l
TOGETHER with (a) all the ten �itrutsffeditamernts and appurteaanrrts thereto
belonging in ajii,%Nay appertaining to the I all easements, rights, interest, claims,
rrversiors and appurtenances belonging to or in aGtv,tty appertairing to the Land and (c) all
right, title and intcrost of grantor in and to all realtpke rty l mg within streets, alleys and other
public ways (before or after vacation thereof) contig> t Land, but only to the center line
ofsmd streets, alleys and other public ways. 114
SUBJECT TO the exceptions set forth on Esht att3 led to and made a part of this
Deed, 1
TO HAVE AND TO HOLD, the s tone in fee simple fcira
•
•
IMB x 1 -4 3 7 pq E� 9 g
BUT RETAINING AND. R SERVING unto grantor, for itself and its assigns, and for
and on behalf of all affiliates of grantor owning or having, no%v or bercafter at any time and from
time to time, a fee tirnplc interest, in the parcels of land described on FAx ]Jbrt attached to and
made a part of this Deed (the "Remaining Property`) or any pars or ports thereof a non -e :chisive
right, interest and power to use and enjoy the easements, rights, interests and appurtenances srt
forth on G,thibiT D attached to and made a pan of this Deed subject to the conditions set forth on
Fxhibit_L).
ALqb, by acceptance of this Dced as evidenced by the recording Cheri of in the public
recOz SIs 4' Palm Beach Courtly, Florida, grantee, for itself and for and on behalf of all pcmotts
herder ova ng or having, at any time and from time to time, any rigid, estate, interest or claim
in the Le.-I ereby covenants and agms with grantor and all affiliates and assigns of grantor
ouming hr. ny,gJ') oow or hereafter at anv time and from time to time, fee simple interest in the
Rurnainink]tigp,rty or any part or parts thereof, that, at the request of (i) grantor or grantor's
nifilimes having or vwning at any time Ice simple interest in tlhe Renmining Property
or any parf�- r parts.. thereof or (ii) any utility provider or (iii) any goverrunental or
gewsi- geva :L' )al eney, authority or body, and without payment or compensation of any
kind, pantee o on(s) then owning or having any right, estate, interest or claim in the
Land shall grant iml�'thc rrutrresting party such rights -of -way aad casements in, through, under,
over and across the Lyn as my be reasonably neetss-my to facilitate the installation of
electricity, gas, Ml OVO4- bic tcluvision, water, sewer, roads, bicycle paths, landscaping,
medians, traffic tun I itage and other similar services (including, without limitation, the
relocation, replacement q.; substitution thereof) in connection with the development and use from
tune to time of the Rrrlialn�'n� Property; provided, tfre location of any such right -cf- -w-ay,
easernerrt or license shall be 1p -Mieed to the locatiomof (u) then existing rights -of -way, easernenta
and licenses in, through, under,.gvtr, mid across the Laad, or (b) rigbts -of -way and r&srmems
created by any plat of subdivi4itst �ccting the Land or any part thereof. or (c) an area within
thirty feet (30') adjac.eoi to the ealernal boundary lines of the Land, or (d) an area within fifty
(50) feet of the north side of PGA I)- oulavard. Such right- of -wuy or easement shall provide that
the Maniac thereof shrill ensue that sucl�,- tee's access to, coustruc6on within or maintcnancc
of such right -of- -way or ezzement shell Miff size any interference with the t>sc or development of
the Land and the grantee shall restore lhtid to its previously existing condition.
AND; the covenants herein contained' 11,1m with the Land and. except as provided in
the iminediately preceding paraeraph. sh:w ;suloluatically expire (if not sooner terminated or
expired) twenty -one (21) years from the da�,5tf',�e11j�i of the last to die of George Bash, past
President of ilia United States or Jcb Bash, Go ir>ofbf{hc State of Florida.
AIND, except for the exceptions herein set; f° grantor hereby covenants with grantee
that at the time of delivery of this Deed, the Lar3ri- t)5r rights, title and interests herein
conveyed are free from all encumbrances made by , fdd warrants and A] defend the title
to the Land, artd all other rights, title and interests ifi conveyed, against the lawful claims of
grantor and nit persons claiming by, through or :order granr�, tut ogainst none other whatsoever.
f!„
•
r
•
•
ORB 11417 Pg 2U5
N- tV NERS WHEREOF, grantoriias hereunto set his hand and seal the day and yew
first above mitten.
Signed, sealed and delivered in our presenet: COMNIMMES FINANCE COMPANY, a
Delawamcorporation
Print N1a
Rini
STATE Oi
COUNTY
Th
1999, by I
Names
Title: 5• U. P.
irninrt
Compyy
ups ackno vkdged bcforc me th day of r
Ck , the S_ Presidcnt of
TANY, a Delaware corpotatiott, on behalf of the corporation-
;ter bas pzoduccd as identification.
1�
(4ti'7
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a
0KOLTER
February 9, 2006
1601 Forum Place T 15611 682 9500
Suite 805 F 15611 682 1050
West Palm Beach, FL 33401 www.kolter.com
Brad Wiseman, Senior Planner
City of Palm Beach Gardens
Growth Management Department
10500 N. Military frail
Palm Beach Gardens, FL 33410
Re: Gardens Pointe
Dear Brad:
Pursuant to our discussion today regarding our Gardens Pointe Site Plan Application, I
am writing to request that the Planning and Zoning Board hearing on the project be
• continued from February 14" to March 1A, 2006 Board meeting.
Our original continuance provided us the opportunity to work with our design
professionals and the City staff to address the issues of concern staff has raised. This
continuance will allow our design team to implement the agreed upon changes. Thank
you again for your time and we look forward to working with you over the next few
weeks,
0
Yo r tr
Robert . -ail
President — Tower Division
Cc: Charles K. Wu, Growth Management Administrator
John C. Csapo, Kolter Communities
John R. Gary, Esquire
Marty Minor, Urban Design Studio
CITY., wf i h' "CANS
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City of Palm Beach Gardens
PALNi BEACH GARDENS
Letters under Project Number are the Initials for the Project Plar
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 Fe( 0019 A Signature City
mbering 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
SubmOtal Date
()
(Dec 31)
1
Central Park (Pa
December 26, 2000
Januar y 3, 2003
December 9, 2004
January 10, 2006
31.06 /31.07)
%rch 20, 2002
Rezoning f rom P DA to
Cwrler: WCI
L�mlusrchuig� %rm Rll t
MXDIPUD
Contact:Tara -Lynn Patton;
trt[I
Workshop
775 -2120
2005
Mixed Use Project 85,000 sq
ft neighborhood Commercel,
1,5000 sqft office, 200 muiti-
family units.
'8
Cimarron Cove
March 28, 2003
April 18, 2005
May 13,2004
September 23, 2003
November 6,1003
B
(Parcel 31.04MXD)
May, 21,2003
LUchargeMXDtoR11
MXDtoRH,PII
Owner: Gardens 96 Limited
Land use chmgeft(AMXDto
Pub lie Hearing
ReCbCC
P'Read►rg
nership
RH
Decem ber 4,2003
Contact: UrbmDesgn
June 18, 2003
June 18,2005
MXDtoRH,pli
Studio; 366 -1100
Workshop
- rrdReadiq
10,000sgft0ffice,12,000sq
Nowmber8,2005
PublicHeariag
Decemberl8,2003
ft Drugstore, 4,000 sgft
MXD Io R11, pH
2007
Bank, 15,000 sq ft Restau-
Rec to CC
?nd Read ng
rant, 11,600sgft Retail, 252
Townhouse Lhits
13
Hood Rd & ALT Al i
December 9, 2004
C
Annexation
September 22, 2005
Owner Mudsc� Coe?oarr
Contact: Jennifer Morton,
Land Design South, (561)
478 -8501
2008
71,650 sgft, Neighborhood
Commercial, 18 duelling
units, 13,050sgft 61ploy-
ment Center
15
Gardens Pointe
November 8, 2005
(Parcel 27.09)
Workshop
Owner: Gardens Point L!
January 10, 2006
Contact: UDS 366 -1100
Workshop
2009
240 Mufti - family units
17
Doubletree N. PUD
Owner: E 6J PROPERTIE:
.LC
Contact: LIDS 366 -1100
Redesignate Commercial to
Mixed Use PUD 89,000 sq ft
self- storage building, two
7,500 sq-ft restaurants, and
3,100 sq-ft bank
18
Hilltop Residential
December 8, 2005
AS
Owner: Westbrooke
Contact: Kmberly Glas-
Castro,l561) 838 -4542
180 Tow nhouse units
Source Growth Management Department
Palm Beach Gardens, FL Printed 1/062006
$8.00 per copy
Major Projects within the City of Palm Beach Gardens (Map Addition)
Approved Projects are seen below
Mayor Projects
Area Usage (Square feet and Units)
Ordinance /Resolution
Build out Date
196.496 square feel Commercial
A
Parcel 4 02r4 04 Donald Ross village
9000 square feet Business Office
Ordinance 53, 2002
December 31. 2007
156 Multifamily Dwell'mg Units
Residential Development. 245 2 and 3 Story
Ordinance 14. 2005
December 31. 2008
13
Southampton (Parcel 31.02)
Townhouses
Resolution 48. 2005
C
Frenchman's Reserve
530 Dwelling Units
Ordinance 4. 2001
December 31. 2007
D
San Mater.
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 Ina Gardens
commercial
220,745 square feet retail /restaurant
Resolution 91. 2003
December 31, 2009
67.690 square feel cinema
20.000 square feel professional office
Parcel 1104 MID
25,000 square feat office
G
Banyan Tree PLO
5.000 square feel Restaurant
Ordinance 41.2001
December 31, 2006
Phase III
2.780 square feel Bank
450 mu40-ly units
H
Gables a1 Norlhlak•
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
Batt School
50.203 square feel 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 nr the Garde nS
19,375 square feet 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
Rated Project: 57 036 square feet grocery
store
Ordinance 24, 2003
N
Mirsaol Walk (Parcel 30.02)
42.689 square feel general store
Resolution 168. 2003
December 31. 2007
3.925 square feet gas station and
enience store
10, 000 on re feel Two Banks
Q
105,000 sq it Office and 15.000 sq It Retail
Resolution 194.2003
December 31 2007
Mir asol Town Square
P
Par *1 34.01 EAST
Retell Protect 131,839 sq ff Retail Building
Resolution 135. 2004
December 31. 2006
Nortrisks Square East PUD
Q
Legacy Place Comirmi -I
Mind Use Development: 69,000 SF office.
Resolution 129. 2004
December 31. 2007
399.000 SF retail
Mixed Use development. 47,200 sq It Office
Space. 15.075 sq it Commercial, 17,550 sq
Resolution 217, 2004
December 31. 2007
R
Gardens Station MXD
It Medical use. 2.500 sq it Financial use
Ordinance 43. 2004
Mixed use project 150,000 aq It of retail.
Ordinance 44, 2004
S
PGA Design Center (Parcel 56)
100.000 sq it of office, and 50,000 aq fl. of
Resolution 216, 2004
December 31. 2007
industrial
Mixed Use Project 249 multi- family units.
Ordinance 39, 2004
December 31. 2007
T
Patoma (Parcel 318)
220 single family units
Resolution 196. 2004
Mixed-use project: 225 residential units.
64,533 sq it of Borland Center /Church.
Ordinance 13, 2004
U
Borland CenteriMicitown)
64,025 Retail. 19950 aq it Restaurant.
Resolution 92. 2004
December 31, 2007
10,900 aq it Professional Office
Professional Office Buildings:
V
If„ n Road Cant-
Budding 1 1 story. 10.050 aq it Office
Resolution 78, 2004
Building 2: 2 story. 18. 232 sq if Office
W
University MRI
Phase II - 9.455 aq It Medical Office Use
Resolution 115, 2005
X
Oak Park Offica Condo Phase II
22.932 aq it Professional office space
Ordinance 29. 2005
Resolution 114. 2005
Ordiriance 18. 2005
y
Christ F•Ilowahip Lhurch
157,358 SF expansion. 20 acres
Ordinance t9. 2005
Resolution 83. 2005
December 31, 2006
Resolution 84.2005
j
The Pointe
150,000 sq 8 Professional office
Ordinance 37.2005
December 31, 2008
Resolution 175, 2005
Ordinance 32. 2005
AA
Frenchman's Yacht Club
10,000 sq It Commercial. 260 Mulldamly
Resolution 152.2005
units
Resolution 162. 2005
V� �A l orpprate Center (Parcel SA
240,000 W it of Off- and 600.000 sq ft of
Ordinance 34, 2005
BB
6��sine ss Park PCDI
industrial space sq it of
Resolution 166. 2005
December 31, 2008
ommudas3142,000
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