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HomeMy WebLinkAboutAgenda P&Z 062607i'? ' I . 171 1 ,June 26, 2007 Randolph Hansen Dennis Solomon Craig Xunkle Michael Pancaak Douglas Pennell Barry Present Jonathan D. Rubins Joy Hecht (P -Aft.) -Amir Xanel (z^d Alt.) 0 MEMORANDUM DATE: June 26, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, June 26, 2007 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, June 26, 2007. 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 3. A Growth Management Department staff report for the items to be heard. As always, the respective Project Managers' telephone numbers and e-mail addresses 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. Nina Sorenson, Administrative Specialist II, will call to confirm your attendance. Kara L. Irwin, AICV Growth Management Administrator 0 J) f i Gardens Pointe Planning, Zoning, &Appeals Board Recommendation to City Council June 26, 2007 0 Hotel Use — 175 rooms Request — 3,250 square feet of meeting space — Six (6) story building Office Building — 37,500 square feet — Four (4) story building Bank Building — 4,000 square foot building — One (1) story building Shared Parking � � t • Straight code requires 366 spaces • Shared requires a minimum of 321 • Proposing 324 spaces • Parking contingency plan — 42 space deficiency — parking garage • Conditions of approval � � t 10 Previously Approved Waivers Code Section Required Provided Waiver Discussion Section 78 -184: Height of Buildings 45' 12- stories, 140 ft. 95' (1) ** Section78 -344 (1) b 10' 9.5' Garage Spaces Only .5' (2) Parking stall width Section 78 -142 30 ft. plus one foot for each foot of 64' 86' (3) ** Residential High Zoning District building height greater than two stories Setbacks = 150' Front (.) Section 78 -142 30 ft. plus one foot for each foot of 40' 110' (4) ** Residential High Zoning District building height greater than two stories Setbacks = 150' Front Q Section 78 -142 20 ft. plus one foot for each foot of 27' 113' (5) ** Residential High Zoning District building height greater than two stories 23' 117' Setbacks = 140' Side Section 78 -142 20 ft. plus one foot for each foot of 20' 120' (6) ** Residential High Zoning District building height greater than two stories Setbacks =140' Rear Section 78 -285: Permitted Signs, Max Sign Faces: 1 2 1 (7) Table 24 Section 78 -285: Permitted Signs, Landscaping around monument sign 5' S' (8) Table 24 shall be no less that sign height —10' Section 78 -441 (c): General No building permits prior to plat Sales Trailer & 1 Dry 2 Buildings (9) Application Procedure approval Townhouse Model Section 78 -182 (f): Illumination of 10.0 -Foot Candle Maximum in Parking 91.5 -Foot Candles in the 81.5 -Foot Candle (10) Uses and Buildings Areas Parking Garage � � t Outstanding Issue • Pedestrian Bridge — Address connectivity between sites — Enhance the park atmosphere — Provides alternatives for pedestrians • Park or direct route to adjacent uses • Quick access — Overall amenity to Regional Center c r.:av osX;6Zo ao��d% VO Rt izibj�f §I .......... . ......... - :%! `1` � "i. +'' +�,•\ y�'f,* .7 uj .' .......... '::r' F = k �� n�$ •�' ��'y ',ter ' �,�I + • \.• '•~ 'l�' 1 - ,••a` •i 'r.. '�.._• _ _ R$a b;/t .:�3"A 7 •ice'''- •t " 'te e �� ✓f" .'� ` - jJ ?�/ � -! �• �m s - '�� ���� _ �`. —ter "._,..•; •'':. f,: � "" �, �. � LQ "" ' � �• Lei. _ v -• H of IT vim$ rn- ul IM Q w I - mw- 41 . . . . . . . . . ..... J) f i Staff Recommendation Staff recommends approval of SPLA -07- 02- 000003, with requested waivers, conditions of approval, and pedestrian bridge connection. 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, JUNE 269 2007 AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN • APPROVAL OF MINUTES: MAY 22, 2007 • PLANNING, ZONING AND APPEALS BOARD Rep,ular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan D. Rubins • Alternates: Joy Hecht (lst Alt.) Amir Kanel (2 °a Alt.) • Planning, Zoning and Appeals Board June 26, 2007 1. Public Workshop: Petition CUMJ- 07 -05- 000009 Allamanda Elementary Major Conditional Use petition for the redevelopment of the existing elementary school on the 15 + acre property, generally located at the southwest corner of Allamanda Lane and Nogal Circle. Project Manager: Todd Miller, Principal Planner tmiller befl.com (799 -4236) 2. Public Workshop: Petition LDRA- 07 -05- 000015: Amendment to the Chart of Permitted, Conditional, and Prohibited Uses and Prohibited Uses A Request by Brian Cheguis of Cotleur & Hearing, Inc., on behalf of Oppidan, Inc./KTJ Limited Partnership 167, for an approval of a text amendment to Section 78 -159, Code of Ordinances, entitled Permitted Uses, Minor and Major Conditional Uses, and Prohibited Uses. The applicant requests to include Boat and Marine Sales as a Major Conditional Use within the General Commercial (CG -1) zoning district and provide standards for approval of the use. Project Manager: Brad Wiseman, Planning Manager bwiseman @pb .com (7994235) • 3. Public Workshop: Petition PPUD- 07 -05- 000014: Gander Mountain Sporting Goods Store A Request by Brian Cheguis of Cotleur & Hearing, Inc., on behalf of Oppidan, Inc. /KTJ Limited Partnership 167, for a rezoning from General Commercial (CG -1) to a Planned Unit Development (PUD) Overlay with an underlying zoning designation of CG -I for the purpose of developing 105,000 square feet of retail sporting goods and 15,000 square feet of boat and marine sales on the 13.18 -acre parcel located east of Interstate 95 approximately '/4 mile south of Northlake Boulevard and abuting the Sand Tree PUD residential community to the west and south. Project Manager: Brad Wiseman, Planning Manager bwiseman&b fl.com (799 -4235) 0 Recommendation to City Council: 4. Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition MISC- 07 -04- 000028 - Gardens Medical Pavilion Signage Waivers Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent, on behalf of Gardens Medical Pavilion, LLC, for approval of three waivers to allow two additional principal tenant signs to be displayed on the Palm Beach Gardens Medical Pavilion building, located at the northwest corner of 3401PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI). Project Manager: Jackie Holloman, Planner ihollomanG,,pbgfl.com (7994237) 2 Planning, Zoning and Appeals Board June 26, 2007 Recommendation to City Council: • 5. Ex Parte Communication (Quasi- Judicial) (Public Hearing) Petition SPLA- 07 -02- 000003 Gardens Pointe A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of a 175 -room, six (6) story hotel; a four (4) story 37,500 square -foot office building and a one (1) story 4,000 square -foot out parcel bank. The 6.64 -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: Kara Irwin, Growth Management Administrator kirwin bgfl.com (7994242) 6. OLD BUSINESS 7. NEW BUSINESS 8. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding, at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, 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 6- 26- 07.doc 3 June 21, 2007 Joe Ryan, President Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Dear Mr. Ryan Your personal attention, notification by letter to the 108 homeowners in the Sandtree Community, and the two open meetings held at the Fire Station giving us an opportunity to ask questions, receive answers, and voicing our many concerns has given clear evidence as to your genuine desire for both parties to reach an amicable resolution to our concerns in regard to the development of the property north of our neighborhood. We have come away from the meeting with the following expectations. Each of these topics received a considerable amount of discussion at the meetings with the following results offered as solution. A surveyor has already placed the property line stakes as promised and a boundary walk took place providing a clearer picture of the home - to - wall proximity. • Traffic calming element — 2 brick (pavers) speed reducing humps on Sandtree Drive one near either end of the street within the Sandtree Development • Eight (8') foot boundary wall to be completed before the project construction with landscape on both sides. Wall to set back approximately ten (10') feet from the property line with the exception of the property line along the driveway into Gander Mountain • Provide and implement a Wildlife Management and Relocation plan • Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall • Open access from Gander Mountain to the office parcel on Sandtree Drive • Signage at the front of the neighborhood indicating community as "private," as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the opportunity to communicate our apprehension at the ramifications of this development you afforded the people of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a neighbor that respectfully listens. Kindest regards, i June 21, 2007 Joe Ryan Oppidan Investment Company 5125 County Road 101, Ste 100 Minnetonka, MN 55345 Dear Joe Ryan, I am very happy that you understand this project will have an impact on the Sandtree Community and a huge impact on me and my home. I appreciate the time you have spent with myself and many homeowners of the Sandtree Community. Over the past month or so you and the four meetings I feel you have represented the Gander Mountain Development Project fairly and accurately - Thank You. Upon hearing some of our concerns you are prepared to implement the following and I appreciate your willingness to work with us in getting these items accomplished: • Two Traffic - Calming Elements in the Sandtree Community • 8 foot boundary wall to be completed before project construction with landscape on both sides and wall to set back approximately 10 feet from property line • Easements on north boundary of Sandtree to remain on Sandtree property. • Open access from Gander Mountain to the office parcel (Capitol) on Sandtree Drive (per Ordinance 19, 1984) Provide a Wildlife Management and Relocation plan • Signage at front of neighborhood indicating community as "private" as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the way you have communicated with me and the Sandtree Community. I am looking forward to the beautiful new development. It will be a pleasure having a neighbor that car and respects their neighbors. Sincerely, June 21, 2007 Joe Ryan Oppidan Investment Company 5125 County Road 101, Ste 100 Minnetonka, MN 55345 Dear Joe Ryan, I am very happy that you understand this project will have an impact on the Sandtree Community and a huge impact on me and my home. I appreciate the time you have spent with myself and many homeowners of the Sandtree Community. Over the past month or so you and the four meetings I feel you have represented the Gander Mountain Development Project fairly and accurately — Thank You. Upon hearing some of our concerns you are prepared to implement the following and I appreciate your willingness to work with us in getting these items accomplished: • Two Traffic - Calming Elements in the Sandtree Community • 8 foot boundary wall to be completed before project construction with landscape on both sides and wall to set back approximately 10 feet from property line • Easements on north boundary of Sandtree to remain on Sandtree property. • Open access from Gander Mountain to the office parcel (Capitol) on Sandtree Drive (per Ordinance 19, 1984) • Provide a Wildlife Management and Relocation plan • Signage at front of neighborhood indicating community as "private" as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the way you have communicated with me and the Sandtree Community. I am looking forward to the beautiful new development. It will be a pleasure having a neighbor that cares and respects their neighbors. Ain c rely Sco coy June 21, 2007 Joe Ryan, President Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Dear Mr. Ryan Your personal attention, notification by letter to the 108 homeowners in the Sandtree Community, and the two open meetings held at the Fire Station giving us an opportunity to ask questions, receive answers, and voicing our many concerns has given clear evidence as to your genuine desire for both parties to reach an amicable resolution to our concerns in regard to the development of the property north of our neighborhood. We have come away from the meeting with the following expectations. Each of these topics received a considerable amount of discussion at the meetings with the following results offered as solution. A surveyor has already placed the property line stakes as promised and a boundary walk took place providing a clearer picture of the home - to - wall proximity. • Traffic calming element — 2 brick (pavers) speed reducing humps on Sandtree Drive one near either end of the street within the Sandtree Development • Eight (8') foot boundary wall to be completed before the project construction with landscape on both sides. Wall to set back approximately ten (10') feet from the property line with the exception of the property line along the driveway into Gander Mountain • Provide and implement a Wildlife Management and Relocation plan • Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall • Open access from Gander Mountain to the office parcel on Sandtree Drive • Signage at the front of the neighborhood indicating community as "private," as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the opportunity to communicate our apprehension at the ramifications of this development you afforded the people of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a neighbor that respectfully listens. Kindest regards, Ana Lleraa o June 21, 2007 Joe Ryan, President Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Dear Mr. Ryan Your personal attention, notification by letter to the 108 homeowners in the Sandtree Community, and the two open meetings held at the Fire Station giving us an opportunity to ask questions, receive answers, and voicing our many concerns has given clear evidence as to your genuine desire for both parties to reach an amicable resolution to our concerns in regard to the development of the property north of our neighborhood. We have come away from the meeting with the following expectations. Each of these topics received a considerable amount of discussion at the meetings with the following results offered as solution. A surveyor has already placed the property line stakes as promised and a boundary walk took place providing a clearer picture of the home - to - wall proximity. • Traffic calming element — 2 brick (pavers) speed reducing humps on Sandtree Drive one near either end of the street within the Sandtree Development • Eight (8') foot boundary wall to be completed before the project construction with landscape on both sides. Wall to set back approximately ten (10) feet from the property line with the exception of the property line along the driveway into Gander Mountain • Provide and implement a Wildlife Management and Relocation plan • Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall • Open access from Gander Mountain to the office parcel on Sandtree Drive • Signage at the front of the neighborhood indicating community as "private," as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the opportunity to communicate our apprehension at the ramifications of this development you afforded the people of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a neighbor that respectfully listens. Kindest regards, Cheryl M. Robinson -AhWrWd**,9VW — PS: Please tell Corporate that I am willing to amend my "demand" of the discount cards as something close to - A letter goes out to each homeowner of Sandiree with this offer - With Proof of residency accompanied by this coupon (you make the coupon) 30 days from the date of the grand opening with a $20.00 purchase of anything in the store we will offer a discount card of 15% off purchases good for 3 years. e cry J u '2007 Ri�aw oppidaK ivwvestvwewt CovupawU 5125 Couwt� Road 101, Ste 1.00 MiwK,e OkLIQa, MN 55345 Aearjoe lzdctw, w , t' a am verd happd that you uvwlersta" this project will have av%, iwLpact ow the .�a►n. Commu.vUttJ, awd a huge impact ow K&e awd and home. 4I . 1 appreciate the tlMe Oou have spent with mdself aural K&Rvvd hovKeowwers of the sawdtree Commuvr.%ttJ.. over the past movrth or so dou a" the four meetivr.gs [fee you have represevrted the cav -der Mouwtaiw DevelopMewt Project fairld avr.d a , - ThaKle You. s w,povr, hearivwj some of our cowcervrs you are prepared to i pleMewt the foll.owiv4.MAX( 1 ' a reeiate our williwgvr.ess to worle with us iw gettivrg these itevu accovwplished PP J �A* • Two Tra f fi,c- CQLVK'MOj FLeMeWts %v the sav�dtree Covu.MRIA.itU • 8 foot bou.vr.darU wall, to be completed before project covrstructiov%, with laKA6c'p ' ow both sides avr.d wall to set baale approxivtatdl 10 feet from prcpertt , lu;� • easemewts ow worth bov. + and of sav Atree to remaiw ow saKdtree propevt�. , • opew access frovu. cawder Mouwtaiw to the of f ae parcel (Capitol) ovti savwttreg Drive (per orO('KAwce i9, 1984) ` } • Provide a wildlife Mavr,agemewt avwl Reloeatiovr,plav%, • 0 SigKage at frowt of Keighborhood iwdicatiwg comvu kK t� as "private" as-wdt ass' ws that read dead -ewd" avwl "vr,o trucles" i am pleased at the mavr.Ker iK which you have coKducteol ourselves avr.d the wa,u upk have commuwicated with me avwl the SaKAtree ComK uKit . ' am bold forward to the beautiful Kew devel.opmewt. �t will be a pleasure hav'4v.- - weighbor that cares aural respects their weighbors. s�Kcerel,�, l�urew ouwtaiK ti • I June 21, 2007 Joe Ryan, President Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Dear Mr. Ryan Your personal attention, notification by letter to the 108 homeowners in the Sandtree Community, and the two open meetings held at the Fire Station giving us an opportunity to ask questions, receive answers, and voicing our many concerns has given clear evidence as to your genuine desire for both parties to reach an amicable resolution to our concerns in regard to the development of the property north of our neighborhood. We have come away from the meeting with the following expectations. Each of these topics received a considerable amount of discussion at the meetings with the following results offered as solution. A surveyor has already placed the property line stakes as promised and a boundary walk took place providing a clearer picture of the home - to - wall proximity. • Traffic calming element — 2 brick (pavers) speed reducing humps on Sandtree Drive one near either end of the street within the Sandtree Development • Eight (8') foot boundary wall to be completed before the project construction with landscape on both sides. Wall to set back approximately ten (10') feet from the property line with the exception of the property line along the driveway into Gander Mountain • Provide and implement a Wildlife Management and Relocation plan • Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall • Open access from Gander Mountain to the office parcel on Sandtree Drive • Signage at the front of the neighborhood indicating community as "private," as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the opportunity to communicate our apprehension at the ramifications of this development you afforded the people of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a neighbor that respectfully listens. Kindest regards, Steve Doudnik June 21, 2007 Joe Ryan, President Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, MN 55345 Dear Mr. Ryan Your personal attention, notification by letter to the 108 homeowners in the Sandtree Community, and the two open meetings held at the Fire Station giving us an opportunity to ask questions, receive answers, and voicing our many concerns has given clear evidence as to your genuine desire for both parties to reach an amicable resolution to our concerns in regard to the development of the property north of our neighborhood. We have come away from the meeting with the following expectations. Each of these topics received a considerable amount of discussion at the meetings with the following results offered as solution. A surveyor has already placed the property line stakes as promised and a boundary walk took place providing a clearer picture of the home - to - wall proximity. • Traffic calming element — 2 brick (pavers) speed reducing humps on Sandtree Drive one near either end of the street within the Sandtree Development • Eight (8') foot boundary wall to be completed before the project construction with landscape on both sides. Wall to set back approximately ten (10') feet from the property line with the exception of the property line along the driveway into Gander Mountain • Provide and implement a Wildlife Management and Relocation plan • Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall • Open access from Gander Mountain to the office parcel on Sandtree Drive • Signage at the front of the neighborhood indicating community as "private," as well as signs that read "dead -end" and "no trucks" I am pleased at the manner in which you have conducted yourselves and the opportunity to communicate our apprehension at the ramifications of this development you afforded the people of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a neighbor that respectfully listens. Kindest regards, l Tommy Reed c: June 21, 2007 Joe Ryan Oppidan Investment Company 5125 County Road 101, Ste 100 Minnetonka, MN 55345 Dear Joe Ryan, I appreciate the time you have spent with myself and the 108 homeowners of the Sandtree neighborhood. Over the past month and four meetings you have represented the Gander Mountain Development Project fairly and accurately -- Thank You! In the process, we came to terms with the following and appreciate your willingness to work with us in getting these items accomplished: * 8 foot wall instead of 6 feet • * Construct wall ahead of primary building construction * Provide a Wildlife Management and Relocation plan. * 2 Traffic Calming Elements on Sandtree Drive. I support the project and am anxious for this great asset to the City of Palm Beach Garden to open and provide the community a needed resource for their outdoor needs. Again thanks for your interest in The Sandtree Neighborhood. r Re on Seucharan I PLANNING, ZONING AND APPEALS BOARD 2 REGULAR MEETING 3 May 22, 2007 4 MINUTES 5 6 The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach 7 Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:30 P.M. in the Council 8 Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, 9 Florida, and opened with the Pledge of Allegiance. 10 i i REPORT BY GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN 12 13 Growth Management Administrator Kara Irwin reported that at the last City Council meeting 14 the Council had approved the gas station at the corner of PGA Boulevard and Prosperity 15 Farms Road. A condition of approval required the applicant to have a generator brought to 16 the site within 48 hours ahead of a hurricane. 17 18 MEETING MINUTES 19 20 Mr. Rubins moved approval of the minutes of April 24, 2007 meeting with the spelling of 21 Mr. Hansen's name corrected. Motion was seconded by Ms. Hecht and carried by unanimous 22 7 -0 vote. 23 24 ROLL CALL: 25 26 Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and 27 Appeals Board: 28 29 Present Absent 30 Craig Kunkle, Chair Barry Present 31 Douglas Pennell, Vice Chair 32 Randolph Hansen 33 Dennis Solomon 34 Jonathan Rubins 35 Michael Panczak 36 Joy Hecht, 1 s` Alternate 37 Amir Kanel, 2od Alternate 38 39 Also present were Kara Irwin, Growth Management Administrator, Brad Wiseman Planning 40 Manager, Jackie Holloman Planner, Mark Hendrickson City Forrester, Attorney Nancy Stroud, 41 Todd Miller Principal Planner, R. J. Marrero Planner. Mr. Marrero left the meeting following 42 the first hearing. 43 44 The only ex -parte communication for tonight's cases was reported by Mr. Kunkle, who stated 45 he met with the applicant on Petition number 1. All those present intending to offer testimony in 46 any of tonight's cases were sworn in. �_J Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07 • 1 2 Ex -Parte Communication (Quasi- Judicial) (Public Hearing): 3 Petition VAR- 07 -04- 000003: Rear Setback Variance for 3899 Toulouse Drive 4 5 J. Pat Mitchell of 3899 Toulouse Drive is requesting a variance to allow a rear setback 6 reduction from the required 10 feet in order to construct a 768 square foot mother -in -law 7 guesthouse to the property line at the northwest corner of Lot 1 of Pod E -5 within the 8 Frenchman's Creek Planned Community District (PCD). The Frenchman's Creek PCD is 9 located east of Alternate A1A, north of Hood Road, and south of Donald Ross Road 10 11 Mr. Mitchell presented his petition. Chair Kunkle declared the public hearing open. Hearing 12 no comments from the public, Chair Kunkle declared the public hearing closed. Comments 13 from the board included a question regarding the future use of the structure, the possibility of 14 a one -story structure, concern that the proposed plan did not meet variance criteria and was 15 not the minimum that could accommodate the request, visibility from Alternate AIA, lack of 16 architectural criteria, and recommendation the applicant be represented by a professional. 17 City Forester Hendrickson indicated he did not know if this property would be visible from 18 Alternate A IA. 19 20 The Attorney Stroud advised each variance stood on its own and did not legally create 21 precedence for any other setback, so any other 10 -foot setback that had been granted did not 22 give this board justification or compulsion to approve this petition and the board needed to 23 look at the code requirements. The applicant indicated he would bring back the petition. • 24 25 MOTION: 26 Mr. Pennell made a motion to postpone the public hearing for VAR- 07 -04- 000003 to a 27 date certain of June 26, 2007. Mr. Rubins seconded the motion, which carried by 6-0 28 vote. Ms. Hecht did not vote on this motion. 29 30 Recommendation to City Council: 31 Ex -Parte Communication (Quasi- Judicial) (Public Hearing): 32 Petition CUMJ- 06-08- 000006 — An amendment to a Ma_lor Conditional Use for Nativity 33 Lutheran Church and School 34 A request by Gentile Holloway O'Mahoney and Associates, Agent for Nativity Lutheran 35 Church and School, located at 4075 Holly Drive, for approval of an amendment to a Major 36 Conditional Use to allow two temporary modular classroom units totaling 1,680 square 37 feet for a period of three years. This approximately five acre parcel is located at the 38 northwest corner of Plant and Holly Drives 39 40 Dan Simpson presented the request on behalf of the applicant. Board comments included 41 questions regarding permanent funding, placement of modules, how the children accessed the 42 classrooms, proposed uses for the modulars, that tuition would help in funding and there was 43 potential to obtain a loan, that the applicant could request up to 5 -years for the project, time 44 period to dismantle the modulars, to add "screened from view ": to the satisfaction of the 45 Growth Management Department. 46 11 Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07 i1 Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair 2 Kunkle declared the public hearing closed. 4 MOTION: 5 Mr. Solomon made a motion to recommend to City Council approval of Petition 6 CUMJ- 06 -08- 000006 with the conditions in the staff report, including the new 7 conditions, and with the modification that condition 2 be modified that the modular 8 unit be removed within 90 days from the date that it is supposed to be removed unless 9 Growth Management Department grants an extension or some variance of that, and 10 that upon removal of any landscaping installed it be salvaged and used on the site in 11 accordance with the City - approved plan; and condition 3, rooftop screening, be done to 12 the satisfaction of the Growth Management Department. Mr. Pennell seconded the 13 motion, which carried by unanimous 7 -0 vote. 14 15 Recommendation to City Council: 16 (Legislative) (Public Hearing) 17 Ordinance 18, 2007: Ordinance of the City Council of Palm Beach Gardens relating to 18 drought - related water restrictions 19 An ordinance authorizing the City Manager to implement necessary modifications to the 20 requirements for landscaping installation during periods of drought. 21 22 Growth Management Administrator Kara Irwin explained that during establishment of the 23 current water restrictions the question kept coming up whether approved landscaping could • 24 wait to be installed yet be bonded per City code. This had been brought to City Council for 25 direction, and at that time Council also adopted it on first reading. Because this was relative 26 to the code, this board as the Land Development Review Committee (LDRC) needed to 27 review it and provide their recommendation before second reading by City Council. Ms. 28 Irwin explained this was the City's response to the water restrictions, not wanting plants to be 29 required to be installed when they could not be watered and therefore would die. Bonds 30 would not be released until landscape installations were completed after the restrictions were 31 lifted. Discussion ensued regarding amounts of water required for landscaping and the 32 procedure required for releasing bonds. 33 34 Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair 35 Kunkle declared the public hearing closed. 36 37 MOTION: 38 Mr. Pennell made a motion to recommend to City Council approval of Ordinance 18, 39 2007. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote. 40 41 OLD BUSINESS 42 43 There was no old business to come before the board. 44 45 NEW BUSINESS 46 • Planning, Zoning, and Appeals Board Meeting Minutes 05122/07 • 1 Mr. Kanel commented there were open ended loops for water in the City with thousands of 2 gallons going into the canals and being wasted each day while there were all kinds of water 3 restrictions in place. Mr. Kanel asked why the City did not initiate something to complete 4 those loops. 5 6 Mr. Panczak suggested a cut -off date for members to meet with applicants instead of staff 7 trying to reach nine members on a Friday for a Monday or Tuesday appointment because an 8 applicant wanted to talk with them, advising that members were all booked several days 9 ahead. Chair Kunkle suggested that staff advise applicants that last minute meetings did not 10 work out. 11 12 Mr. Kanel advised he would be out of the country on vacation June 9 to July 9. 13 14 Mr. Rubins suggested help for applicants who did not have resources for professionals to 15 make their presentations. Ms. Irwin advised staff did provide help for residents who made 16 their own variance presentations. 17 18 19 20 (The rest of this page left intentionally blank.) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Planning, Zoning, and Appeals Board Meeting Minutes 05/22/07 ADJOURNMENT There being no further business, the meeting was adjourned at 7:48 p.m. The next regular meeting will be held June 12, 2007. APPROVED: Craig Kunkle, Jr., Chair Douglas Pennell, Vice Chair Barry Present Dennis Solomon Randolph Hansen Michael Panczak Jonathan Rubins Joy Hecht Amir Kanel Debbie Andrea, Public Information Coordinator 48 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not 49 verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the 50 City Clerk. All referenced attachments are on file in the City Clerk's office. 5 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Planning, Zoning, and Appeals Board (PZAB) Members DATE: June 20, 2007 FROM: Todd Miller, Principal Planner - SUBJECT: Allamanda Elementary School - Public Workshop @ the 6/26/07 PZAB Meeting Please be advised that the Major Conditional Use petition for the Allamanda Elementary School modernization will be presented by the applicant at the June 26, 2007 PZAB meeting. The applicant will present the site, landscape, and architectural plans (please see attached) for the redevelopment of the existing elementary school on the 15 :L-acres. The subject site is located at the southwest corner of Allamanda Lane and Nogal Circle. The Development Review Committee (DRC) held a meeting with the applicant to go over staff comments on June 14, 2007. Some of the major issues which were . identified at the meeting are identified below. Traffic 1. Staff informed the applicant that they are required to obtain City Concurrency for their proposed school expansion. 2. Staff requested the District provide a Traffic Operational Analysis for the school program, to include all traffic flows and turning movements. 3. Staff recommended the District provide a west -bound left turn lane on Allamanda Lane leading into the proposed central ingress /egress point into the school site. 4. Staff encouraged the applicant to look into all means of providing as much on -site stacking as is possible in their traffic pattern designs. Restoration of 25' Landscape Buffer 5. Staff informed the applicant that the 25' buffer between the Pepperwood development and the Nogal Circle right -of -way has been damaged, and recommended the applicant restore the buffer in order to mitigate the impacts of the proposed connection to the right -of -way. Location of public right -of -way of District groperty 6. Staff has investigated the location of portions of the Nogal Circle and the Allamanda Lane rights -of -way, which appear to be located on school property. In order to address the issue, staff has included a condition of approval in the staff report requiring the applicant to plat the property within 90 days of site plan approval, and to include easements for the two right -of -way encroachments on the plat. Tri -Party Agreement 7. Staff has initiated discussions regarding the current applicability of the "Tri -Party Agreement ", and whether it needs to be updated. The Agreement grants the District the authority to restrict and /or close Nogal Circle one hour before the opening of the school, to one hour after the closing of the school. Please be advised that the purpose of this public workshop is to solicit comments from and to inform the neighboring residents of the nature of the proposed development. This public workshop shall be utilized by the Planning, Zoning, and Appeals Board to provide non - binding comments to the developer from board members and residents as a means to give the public additional opportunities for comment in the development review process. Staff will be present to answer any questions that the PZAB or the residents may have. Please contact me at 799 -4236 if you have any questions or require additional information. • Please P Name: Address: City:� Subject:. COMMENTS FROM THE PUBLIC Request to Address City Council r LL V) Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Plea: Nam, Addr City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print n Name: Address: JrC� T City: 1 V201 Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: III Ah Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: --�l Address: City: Subject: _ COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Op COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: f Address: City: Cl P Subject: 0/1 a- Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Gardens Pointe Site Plan Amendment Parcel 27.09 Regional Center DRI Planning, Zoning and Appeals Board L _ -�� June 26, 2007 y - � r' �; r A rr'- � � r I• _ � - � r LIT r t _ r� - � . 6W AM WTrIN _' f c°f�'�"- . . Downtown x" �' ' ' 3 at the Gard — - •. }� y y . n e Gardens I �.. q v� � �— A,rs . P'. _ ��% � fit+ •. p�. -,'? i � � : ; I % �i�'.y�� - ps " "414WA. lr } Imo./ ♦ tixX, .a D J 1111 `�� r • • Pwwoso LAND Lim �- I 7 I RETAILIOFFICE AM N • OIL11 21A L_ J HOTEL SUB TOTAL 173.2 2 OFFICEIHOTEU 302 7.9 aRESEARCHOFFICEI COMMUNITY USE 77.7 0.1 SERVICE COMM. �� 30.1 o.e 4uou aNEIGHBORHOOD 2.0 A ��a•��ww� CENTER'S :ti^ Y• 21A 1200w CINEMA 1.0 A SUB TOTAL 173.2 30.2 4 RESIDENTIAL �� 30.1 o.e 4uou � • ""�'�� I 6 � NLr L_J Y• 21A 1200w $43b Total +28,0 28.0 1013w - OPEN SPACE /OTHER nr OPEN 0PACFJIECJ G EEIIANATER 2" Ty] •A• MAJOR ROAD fYilFib Sv.+ 11 MR ROUTES 0 0 Kum ATM"" 0 0 . Currently Approved Site Plan (Resolution 44, 2006) 214 condominium homes 2�-townhomes • Lake Park, public amenities t �i • LA K 1: MASTER S I T E P 1, A N N SCALE: I" = 80' 0' MIXED USE DEVELOPMENT GARDENS POINTE Palm Beach Gardens, Florida Gardens Pointe Development, LLC C- z U V5 yy amcr z ®PrImV E Q E ®r. BEE .1� ..E: ..i i'lli- INI'= .1P►i'I. �1.�`®1 .�' CME ® c=z3e rrr- Gardens Pointe Development, LLC "' Gardens Pointe • 37,500 Sq.Ft. Office Building (now 4 stories ) Gardens Pointe • 4,000 Sq.Ft. Bank (single story connected by an amenitized pedestrian linkage) Alw u '- 4� . 4 L a� . IM Parking Design • Utilizing the code permitted reduced stall width of 9.5ft . Additional open space requirement is met. • Using the code permitted shared parking standard Peak period (only 42 spaces reduced) (weekdays from 9a.m.- 4p.m.) Office parked 100% 125 spaces Bank parked 100% 16 spaces Hotel parked 80% 180 spaces 321 spaces required 324 spaces provided Alternative Parking Plan provided to park at standard code. ��...� .�- _ _• -K -_ . .. MASTER SITE PLAN u. SCALE: '" = S., - o" MIXED USE DEVELOPMENT GARDENS POINTE LAKE -war -4w ui 0 Waivers • Building Height- 89ft (from currently approved140 ft) • Wall Signs, number and location to facilitate way finding from 1 -95 and PGA Boulevard • Foundation Plantings- in limited areas and . . Ahe supplemental plantings provided A.,. ,M Waiver Criteria 1. Consistent with the Comprehensive Plan 2. Consistent with the intent of the PUD /PCD (sec.78 -158) Possesses architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. 3. Demonstrates that we exceed one or more of the minimum requirements of PUDs. 4. Results from innovative design 5. Demonstrates public benefits ....extensions of pedestrian linkages outside of the project boundaries...... and use of desirable architectural, building, and site design techniques. 6. Not based solely or predominantly on economic reasons. 7. Compatible with existing and potential land uses adjacent to the development site. - � : !i'; - � • I ,fir _ �; _ � ti 40* LOU- 4' s-. 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G = Ing CITY OF PALM BEACH GARDENS MEMORANDUM TO: Planning, Zoning, and Appeals Board Members DATE: June 26, 2007 FROM: Brad Wiseman, Planning Manager SUBJECT: Gander Mountain LDR Amendment Public Workshop Petition: LDRA- 07 -05- 000015 CC: Talal Benothman, AICP, Planning & Zoning Division Director Kara Irwin, AICP, Growth Management Administrator Please be advised that there is no staff report associated with the above - referenced petition for this public workshop. This petition will be presented by the applicant at the June 26, 2007, PZAB meeting (please see attached. However, staff has raised the following concerns: • Petition LDRA- 07 -05- 000015: Amend Chart of Permitted Uses to Allow Boat Sales 1. Staff has serious concerns with the proposed amendment to the Land Development Regulations (LDR). Please note that the General Commercial (CG -1) zoning district is not intended to be suited for outdoor sales activities. Furthermore, retail boat sales are not an allowable use in the CG -1 zoning district. The proposed amendment seeks to allow the outdoor retail sale of boats. In addition, the LDRs require outdoor display areas to be screened from public view and the proposed amendment seeks limited screening for this use. It is staff's professional opinion that the amendment, as proposed, would negatively alter the character of the City's CG -1 zoning district. Staff will be present to answer any questions that the PZAB may have. Please contact me at 799 -4235 if you have any questions or require additional information. • cotieur& Hearing Friday, April 13, 2007 Gander Mountain Retail Narrative — Zoning Text Amendment Introduction: Oppidan, Inc. / KTJ Limited Partnership 167, (the 'Applicant, is requesting approval of an applicant- initiated zoning text amendment to allow for retail boat and marine sales (under cover) with special conditions within the General Commercial (CG -1) zoning district. This use is complimentary to the lifestyle of South Floridians and with appropriate mitigation considerations would be a consistent use within the CG -1 zoning district. Other local jurisdictions and Palm Beach County allow for such a use within their consistent commercial district areas either by right or by special exception or conditional use. The request would modify LDR Section 78.159 Permitted uses, conditional and prohibited uses, table 21. allowing the use as a conditional use with special siting and screening conditions. Project Contact All correspondence for these requests should be directed to the Agent for the applicant: Cotleur & Hearing Inc. • Donaldson Hearing, ASLA 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Phone: (561) 747 -6336 Ext. 113 Fax: (561) 747- 1377 Specific Requests and Fees Zoning Text Amendment (Base Fee) $1,500.00 Legal Escrow $1,000.00 Total Fees $2,500.00 Zoning Text Amendment Outline: Associated with the request for PUD /Site Plan approval is an applicant- initiated zoning text amendment request to modify the City's Land Development Regulations (LDRs). The specific request is to allow for retail boat and marine sales within the Commercial General 1 (CG1) zoning district. Specifically the petitioner is requesting a modification to LDR Section 78.159 Permitted uses, conditional and prohibited uses, table 21. Currently, retail boat sales have been permitted in the more intense general commercial - 2 zoning district. This is not consistent with other surrounding jurisdictions and Palm Beach County, which provide for retail boat sales in their general commercial zoning districts (or districts that would be considered consistent with the CG -1 zoning district) The local examples where older boat sales yards that typically sell and store boats in the • open and with little screening for the purpose of maximizing visibility to the general public will not occur as a result of approval of this ZTA request. The petitioner believes ...� U - Y ` ',PR 2 7 1007 Gander Mountain ZTA Petition Submitted: April 16, 2007 it is appropriate under specific circumstances to allow for retail boat and marine sales • where sufficient screening is provided and when the use is provided within a covered (roofed) enclosure. Where such mitigative measures are provided the provision of under cover boat sales and storage could be considered similar to any other typical retail use. 1. Amendment Requested: Amend LDR Section 78.159 Permitted uses, conditional uses and prohibited uses, Table 21 - to allow for boat and marine sales within the CGl zoning district. 2. Reason for Request: Unlike traditional boat and marine retail uses that have stored boats in the open and with little screening from the public view, the provisions for screening within the City's LDRs provide sufficient protection from visual impacts for the general public. Should the use be allowed today, sufficient mitigative measures (i.e. screening, conditional use approval, placement under cover, etc..) can be imposed to ensure the use creates no on- or off - site impacts. 3. Supporting Information: Unlike traditional boatyards and sales lots, large format retailers have the ability to provide retail boat and marine sales under cover and adequately screened so as to protect the interests of the general public. Also, by placing • the boats and marine vehicles and equipment under cover, an extra measure of security from potential theft is created. Numerous examples exist throughout the United States and in the southern states where the use is effectively integrated into the overall building with no adverse visual or sound impacts (see photographs attached herein). Locally other jurisdictions allow for retail boat and marine sales in their consistent general commercial zoning district as indicated below: Jurisdiction Code Section Use Applicable Zoning District Considerations West Palm Beach Article IX, Marine Retail Sales & Neighborhood • City permits boat sales Sect. 33.91 Services Commercial (NC), & Service by -right in General Commercial all listed districts with (GC), Commercial no extra Marine (CM), considerations Industrial (IND), Permitted in less and Northwood intense commercial Road Overlay districts than PBC CD -1 District (NROD district Cotleur & WHearing 1936 Commerce Lsne Suite 1 - J.P!W, FL 13656 561.767.6336 - 561.717.1377 2 F:\Project Documents \07 -0320 Gander Mountain\Applications and Submittals\lustification statementZTA 4.15.07.doc • Gander Mountain ZTA Petition Submitted: April 16, 2007 Town of Jupiter 78- 552(b)(1) New & Used Motor General Commercial . Town's CG -2 zoning Vehicle, Marine, (CG -2) district is comparable Mobile Home, to PBG CG -1 zoning Recreational Vehicle district Sale & Rental % Permitted as a Special Facilities and Lots Exception Use (P&Z & TC approval) Palm Beach ULDC Vehicle Sales & Community Palm Beach County County 4.A.3.a -1 Use Rental Commercial (CC), permits it in district Matrix note: General Commercial similar to PBG CG -1 135 (CG), Light zoning district as a Class Industrial (IL) A Conditional Use (ZC & BCC approval) As this use can be effectively integrated into a specialty format retail center with special considerations to ensure on- and off -site mitigation is provided it is an appropriate and timely request to revise /update the City's LDRs. Boating is an integral part of recreational life in South Florida and the ability to provide opportunities under controlled circumstances to provide upscale recreational retail outlets should be considered and approved. Other jurisdictions in the area provide for boat sales and storage either by right or by special exception or by -right within comparable zoning districts. Specific Zoning Code language to allow for such uses in the Commercial General (CG -1) zoning district is as follows: • 1. Under cover Boat and Marine Sales shall be permitted as a Major Conditional Use within the General Commercial (CG -1) zoning district 2. Adequate screening shall be provided in the form of foundation plantings in conformance with LDR Section 78 -320. Field location of specific trees shall be permitted to allow for sufficient view corridors. 3. Retail Boat and Marine Sales areas shall be attached to the principal structure and architecturally compatible with the principal building so as to have a seamless appearance with the enclosed portion of the principal structure Conclusion This applicant- initiated zoning text amendment request is timely and logical as other jurisdictions provide for this use in similar commercial districts to ensure sufficient opportunities exist for these uses to be located in appropriate areas of their respective jurisdictions. As outdoor recreational activities are an important part of the South Florida lifestyle and tourist economy it is appropriate that under unique circumstances that (under cover) retail boat and marine sales be allowed within the General Commercial (CG -1) zoning district. Cotleur & MHearing 1934 C-C* Lane - Suite 1 Jupiter, FL - 33456 561.747.6336 - 561.747.1777 3 F:\Project Documents\07 -0320 Gander MountaiMApplications and SubmittalsVustification statementZTA 4.15.07.doc CITY OF PALM BEACH GARDENS MEMORANDUM TO: Planning, Zoning, and Appeals Board Members DATE: June 26, 2007 FROM: Brad Wiseman, Planning Manager �G✓ SUBJECT: Gander Mountain PUD Public Workshop Petition: PPUD- 07 -05- 000014 CC: Talal Benothman, AICP, Planning & Zoning Division Director Kara Irwin, AICP, Growth Management Administrator Please be advised that there is no staff report associated with the above - referenced petition for this public workshop. This petition will be presented by the applicant at the June 26, 2007, PZAB meeting (please see attached. However, staff has raised the following concerns: • Petition PPUD- 07 -05- 000014: Gander Mountain Sporting Goods Store Staff has serious concerns with the intensity of the commercial use and its incompatibility with the surrounding residential area. Specifically, staff is concerned with the scale and intensity of the building; the close proximity of the building to the residential neighborhood of Sand Tree; and the placement of the loading zone and vehicle use area adjacent to Sand Tree. As a result, it is staff's position that the proposed site plan is neither sensitive nor compatible to the surrounding residential area. 2. Staff has serious concerns with the proposed architecture of the retail store. Staff recommends that the architecture be revised to soften the scale of the 105,000 square -foot building. 3. It is staff's professional opinion that the proposed building signage is excessive. Specifically, the size and number of the "Gander" signs and the non - permitted advertising signage (Hunt, Fish, Outdoor Apparel, and etc.) negatively impact the architectural elevations. Staff will be present to answer any questions that the PZAB may have. Please contact me at 799 -4235 if you have any questions or require additional information. • cotieur& Hearing • Friday, April 13, 2007 Gander Mountain Retail Narrative — Rezoning to CPUD & Site Plan Approval Introduction: Oppidan, Inc. / KTJ Limited Partnership 167 (the 'Applicant, is requesting approval from the City of Palm Beach Gardens for a Planned Unit Development Overlay District (PUD) for a 13.18 acre property located on the west side of Sandtree Drive and east of Interstate 95 in the City of Palm Beach Gardens. The property is just south of Northlake Boulevard. The Applicant is also seeking a Zoning Text Amendment to modify the City's Land Development Regulations to allow for undercover retail sales for boats. The property currently has an underlying future land use designation of Commercial. The Applicant is permitted -by -right to develop a commercial /retail use with the current CG1 zoning designation but is required to apply for a Planned Unit Development overlay designation as specific waivers will be requested for signage. Due to the current City policy to not allow for the conversion of commercial property to residential uses, the petitioner finds this proposed use to be fully compatible with the surrounding commercial uses to the north, the roadway (I -95) to the west and the adjacent office use to the south. The use has been programmed to provide sufficient buffering from the residential uses located to the southeast of the site. • Concurrent with the request for approval of a Commercial Planned Unit Development Q Pp P district overlay designation and site plan approval the Applicant is requesting a zoning text amendment to allow for the retail sale of boats to be permitted in the CG1 zoning district. Numerous surrounding jurisdictions and the County allow for boat sales in what would be a similar /consistent general commercial zoning district. Currently, outdoor boat display and sales are allowed in CG2 zoning district in the Gardens. Approval of this request (with appropriate mitigation measures to ensure on- and off -site impacts are sufficiently addressed) is appropriate for large format retail users that incorporate a variety of sales at one location. 0 The site is accessed from a +/- 500 foot long entry drive that ties into Sandtree Drive. Traffic concurrency has been established for this use at the intensity proposed as provided for by Palm Beach County Traffic Engineering Department. The Site Plan has been programmed so as to incorporate cross - connectivity to the adjacent professional office use located to the south of the subject site and provide ample buffering between the adjacent residential uses to the south and southwest. An on -site retention lake has been located between the residential uses to the south and the retail center. V� ORIGINAL APR 27 2007 Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 Project Contact All correspondence for these requests should be directed to the Agent for the applicant: • Cotleur & Hearing Inc. Donaldson Hearing, ASLA 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Phone: (561) 747 -6336 Ext. 113 Fax: (561) 747- 1377 Specific Requests and Fees Rezoning CPUD and Site Plan (Base Fee) $3,000.00 Legal Escrow $1,000.00 Engineering Escrow $3,000.00 Total Fees $7,000.00 The Proposed Use Gander Mountain is an outdoor goods retailer that has numerous store locations throughout 22 states including Minnesota, Wisconsin, Ohio, Michigan, Pennsylvania, Texas, and more recently Florida. The store provides a vast array of retail items for sale and rental that include, without limitation, hunting (including firearms and ammunition), fishing, camping and outdoor apparel and footwear, products, equipment and related accessories (and retail sales and rental of videotapes, cassette tapes, compact discs or any other visual or audio products related to such uses), sale of other casual apparel and footwear, operation of a snack or specialty food service, retail sales of sporting goods such as kayaks, canoes, marine products and equipment, motors and other similar vessels and merchandise, and other uses incidental thereto. In addition, they sell • all terrain vehicles (ATVs) and sport and leisure watercraft (boats), boat trailers and utility trailers. They offer servicing for the vehicles they sell which makes up approximately 1% of their overall business. The Applicant has identified this property as being the most amenable site for this type of use which is to be located along the east side of I -95. This is a lifestyle center that provides many of the recreational amenities that South Floridians are accustomed to, whether it involves on -land or on -water recreational activity. Gander Mountain is an established and well- recognized vendor in this growing market. Landscaping All property boundaries have been provided with sufficiently planted buffers and screen walls (when adjacent to residential uses) to mitigate for any potential visual and sound impacts to the adjacent properties. A 2 -3 foot high berm has been specified along I -95 for the purpose of hiding the field of parking at the front of the center. Landscape diamonds shall be introduced throughout the parking lot to provide shade and to break up the parking field. A strong native theme shall be used complement the outdoor recreational use being proposed. The center's frontage shall be planted with larger material to compliment the massing of the front facade. ®Cotleum Hearin • 1934 cutiri—ce Lsne - Sultr 1 Jupiter, FL 33458 561.]41.6336 561.711.1311 2 F:\Project Documents \07 -0320 Gander MountainWpplications and SubmittalsUustification statementPUD -SP 4.24.07.doc Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 is Pedestrian Connectivity The pedestrian network consists of a five foot wide sidewalk that commences at Sandtree Drive and terminates at the main entrance to the retail center. A paver drive aisle located along the front of the center will provide for traffic calming for patrons and employees moving between the parking lot and the center. Parking The center requires up to 480 parking spaces which have been provided away from the adjacent residential properties. The site meets all Americans with Disabilities Act requirements for access to the adjacent off -site sidewalk system and throughout the site from the physically challenged parking spaces to the public entrances into the center. Parking spaces are provided at the 9.5 foot wide by 18.5 foot long standard size with 25 foot wide travel aisles. Architecture The Applicant has engaged a local architect to assist with creating an enhanced building appearance that incorporates Gander Mountain's signature rustic appearance and nationally recognized signage with significant horizontal and vertical movement with the materials and elements along those facades visible from I -95 and from the north. The use of varying colors and textured materials further enhances this use and provides significant visual interest for motorists passing along I -95 as well as for patrons of the center. Vertical elements have been added to further add visual interest to the building fagade on all sides. • Signage Gander Mountain has certain signage standards that they try to adhere to with their nationally recognized logo ("Gander Mtn' at each of their facilities and have made numerous concessions to adhere to the requirements of the City's LDRs, specifically code section 78 -285 for the size, and number of signs permitted. Also, due to the unusual site configuration and point of ingress /egress for the property the petitioner will be seeking to locate a monument sign at Sandtree Drive. A waiver will be required to satisfy the insufficient property frontage necessary to facilitate such a sign. This use located along I -95 should have clear name recognition and due to the limited access opportunities to the site, it is necessary that additional principal tenant identification be provided for new patrons and part-time residents unfamiliar with the location of this site. Signage Waivers Requested The petitioner is requesting four waivers from section 78 -285 of the City's LDRs for the additional principal, tenant and monument signage requested for the building and site as outlined herein: Cotleur & Hearing a g 7634 Com . lane - suite 7 - Jupiter. FL - 33456 567.747.6336 561.747.1377 F: \Project Documents \07 -0320 Gander Mountain\Applications and SubmittalsVustification statementPUD -SP 4.24.07.doc Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 WAIVER APPLICABLE CODE REQUESTED DEVIATION FROM CODE SECTION REQUIREMENT WAIVER REQUIREMENT 1. SIGNS — SIGN Section 78 -285 One (1) 36" high Request to add up to Deviation of 2 signs located below PROGRAM (Table 4) Principal Tenant (2) additional the second floor of the building Sign principal tenant for two additional principal signs tenants 2. SIGNS — SIGN Section 78 -285 Ground floor tenant Request to located Deviation to add two additional PROGRAM (Table 4) signage 1 sign per additional ground ground floor tenant signs on the tenant floor tenant signage west and east elevations of the for a total of three building beyond the one permitted signs (north, west & sign on the north fagade east) 3. SIGNS —SIGN Section 78 -285 Minimum frontage Request to permit a Deviation of 230 feet to allow a PROGRAM (Table 4) for monument sign monument sign at monument sign to the property. is 300 feet the entrance of the Unusual access point property with only configuration necessitates the 70 feet of frontage need for a monument sign at this location. 4. SIGNS — SIGN Section 78 -285 90 sq. ft. sign area Three (3) principal Deviation of 190sf, 610sf & 60sf PROGRAM (Table 4) tenant signs at for principal tenant signage and 280sf, 700sf & 150sf for the monument sign. and one (1) monument sign at 255sf Justifications for Four (4) Waiver Requests • 1. Additional Principal Tenant Signage — Waiver to allow two additional principal tenant signs. This request is made due to the proximity of the development along I -95 and due to the unusual point of access to the use on the property. As this use is located along I -95, but is only accessible from Sandtree Drive by way of Northlake Boulevard, it is imperative that first time users (including both year - round residents and seasonal visitors and residents) can identify the center while traveling north on I -95. The west facing sign will allow patrons the ability to recognize the location and to safely exit I -95 onto Northlake Boulevard. Southbound travelers along I -95 will only be able to see the north and west facing signage once they are at the top of the Northlake Blvd. overpass and would have to exit at Blue Heron Blvd. to return north to the use. This west facing sign is facing a roadway and is typically supported by Staff due to that condition. The second principal tenant waiver sign is facing east toward the entrance to the property over 500 feet away from the center. This sign also faces a roadway (Sandtree Drive) and will assist patrons in identifying this use which is well away from this point of ingress /egress. Cotleur & ® Hearing 1634 Co .. Lane • Wt. 1 • JUDit.1, FL 33456 561.747.6336 - 561.747.1377 4 F:\Project Documents \07 -0320 Gander Mountain\Applications and SubmittalsVustification statementPUD -SP 4.24.07.doc Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 • 2. Two additional tenant signs to be located on the west and east facades of the building. This request is made to allow for additional tenant identification along both I -95 and to Sandtree Drive. The ground floor tenant signage faces roadways and will be provided for ease of identification of its existence within the large center. The north facing tenant sign is permitted by right and is located above a mock entry feature to where the tenant is located. 3. Monument sign requested with less than minimum frontage along ROW. The request to locate a monument sign at the property's principal point of ingress /egress is necessary due to the unusual point of access along Sandtree Drive, and away from Northlake Boulevard. The monument sign shall be located centrally within a fully landscaped landscape island and will be designed to be architecturally compatible with the principal structure. This sign will ensure traffic to the center does not inadvertently pass the site and enter into the Sandtree PUD. Clear wayfinding to the center is necessary to ensure this use does not adversely impact the surrounding neighbors. 4. Increased Sign Area for Principal Tenant and Monument Signage. This request is justifiable and appropriate given the large size of the center. Other large shopping centers (i.e. the Gardens Mall & Downtown at the Gardens) have increased signage due to the large surface area in which signage is being applied. The increased signage will also allow for ease of recognition for the • general public traveling along I -95 which is a 65 mph highway. Inadequately sized signage will prevent many passers -by from identifying the location of the center. ELEV. STATUS REQUEST WIDTH HEIGHT AREA North Proposed Principal Tenant 35 feet 8 feet 280 s.f. West Proposed Principal Tenant 70 feet 10 feet 700 s.f. East Proposed Principal Tenant 30 feet 5 feet 150 s.f. At Entrance Proposed Monument 17 feet 15 feet 255 s.f. Civil Engineering Considerations The petitioner has an established legal point of outfall to the adjacent Target property and ultimately to Sandtree Drive by way of existing /established easements. In order to adhere to the stage storage requirements of South Florida Water Management District, the Petitioner has provided two on -site lakes. The southernmost lake is located in the southwest corner of the site effectively providing additional distance between the retailer and the adjacent residential dwellings located to the south and southwest (Sandtree PUD). The second smaller lake is located at the north end of the property. Cotleum Hearing 1931 Commerce Lane - Suite 1 - Jupiter. FL - 33156 561.717.6336 - 561.717.1377 5 F:\Project Documents \07 -0320 Gander Mountain\Applications and SubmittalsVustification statementPUD -SP 4.24.07.doc Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 Zoning Text Amendment: • Associated with the request for PUD /Site Plan approval is an applicant- initiated zoning text amendment request to modify the City's Land Development Regulations (LDRs). The specific request is to allow for retail boat and marine sales within the Commercial General 1 (CG1) zoning district. Specifically the petitioner is requesting a modification to LDR Section 78.159 Permitted uses, conditional and prohibited uses, table 21. Currently, retail boat sales have been permitted in the more intense general commercial - 2 zoning district. This is not consistent with other surrounding jurisdictions and Palm Beach County, which provide for retail boat sales in their general commercial zoning districts (or districts that would be considered consistent with the CG -1 zoning district) The local examples where older boat sales yards that typically sell and store boats in the open and with little screening for the purpose of maximizing visibility to the general public will not occur as a result of approval of this ZTA request. The petitioner believes it is appropriate under specific circumstances to allow for retail boat and marine sales where sufficient screening is provided and when the use is provided within a covered (roofed) enclosure. Where such mitigative measures are provided the provision of under cover boat sales and storage could be considered similar to any other typical retail use. 1. Amendment Requested: Amend LDR Section 78.159 Permitted uses, conditional uses and prohibited uses, Table 21 - to allow for boat and marine sales within the CG1 zoning district. • 2. Reason for Request: Unlike traditional boat and marine retail uses that have stored boats in the open and with little screening from the public view, the provisions for screening within the City's LDRs provide sufficient protection from visual impacts for the general public. Should the use be allowed today, sufficient mitigative measures (i.e. screening, conditional use approval, placement under cover, etc..) can be imposed to ensure the use creates no on- or off - site impacts. 3. Supporting Information: Unlike traditional boatyards and sales lots, large format retailers have the ability to provide retail boat and marine sales under cover and adequately screened so as to protect the interests of the general public. Also, by placing the boats and marine vehicles and equipment under cover, an extra measure of security from potential theft is created. Numerous examples exist throughout the United States and in the southern states where the use is effectively integrated into the overall building with no adverse visual or sound impacts (see photographs attached herein). Locally other jurisdictions allow for retail boat and marine sales in their consistent general commercial zoning district as indicated below: Cotleum ® Hearing 1034 Corrun— Lana Suite 1 Jupiter, FL 33455 561.747.6336 � 561.747.1377 F:Troject Documents \07 -0320 Gander Mountain\Applications and SubmittalsUustification statementPUD -SP 4.24.07.doc • Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 Jurisdiction Code Use Applicable Zoning Considerations Section District West Palm Beach Article IX, Marine Retail Sales & Neighborhood • City permits boat sales Sect. 33.91 Services Commercial (NC), & Service by -right in General Commercial all listed districts with (GC), Commercial no extra Marine (CM), considerations Industrial (IND), Permitted in less and Northwood intense commercial Road Overlay districts than PBC CD -1 District (NROD district Town of Jupiter 78- 552(b)(1) New & Used Motor General Commercial o Town's CG -2 zoning Vehicle, Marine, (CG -2) district is comparable Mobile Home, to PBG CG -1 zoning Recreational Vehicle district Sale & Rental a Permitted as a Special Facilities and Lots Exception Use (P&Z & TC approval) Palm Beach ULDC Vehicle Sales & Community o Palm Beach County County 4.A.3.a -1 Use Rental Commercial (CC), permits it in district Matrix note: General Commercial similar to PBG CG -1 135 (CG), Light zoning district as a Industrial (IL) Class A Conditional Use (ZC & BCC approval) • As this use can be effectively integrated into a specialty format retail center with special considerations to ensure on- and off -site mitigation is provided it is an appropriate and timely request to revise /update the City's LDRs. Boating is an integral part of recreational life in South Florida and the ability to provide opportunities under controlled circumstances to provide upscale recreational retail outlets should be considered and approved. Other jurisdictions in the area provide for boat sales and storage either by right or by special exception or by -right within comparable zoning districts. Specific Zoning Code language to allow for such uses in the Commercial General (CG -1) zoning district is as follows: 1. Under cover Boat and Marine Sales shall be permitted as a Major Conditional Use within the General Commercial (CG -1) zoning district 2. Adequate screening shall be provided in the form of foundation plantings in conformance with LDR Section 78 -320. Field location of specific trees shall be permitted to allow for sufficient view corridors. 3. Retail Boat and Marine Sales areas shall be attached to the principal structure and architecturally compatible with the principal building so as to have a seamless appearance with the enclosed portion of the principal structure Cotleur & ® Hearing 1634 C.... — L... - SWte t - Jupltw, FL • 77156 561.747.6336 - 561.747.1377 7 F: \Project Documents \07 -0320 Gander Mountain\Applications and SubmittalsVustification statementPUD -SP 4.24.07.doc Gander Mountain CPUD /Site Plan Approval Submitted: April 16, 2007 Conclusion • The Petitioner is seeking rezoning of a commercial property from CG1 to CPUD /CG1 and site plan approval in the City of Palm Beach Gardens. The subject property is 13.18 - acres in size and is located east of Interstate 95, west of Sandtree Drive and north of the Sandtree residential neighborhood. The applicant intends to develop a specialty outdoor recreational retail center that will cater to various outdoor activities including but not limited to camping, hunting, outerwear, recreational vehicles (including ATVs and watercraft), and fish supplies. Gander Mountain is a nationally established retailer in such goods and services and intends to meet and exceed the minimum code requirements for building and site design programming. The petitioner intends to be a good corporate neighbor to the existing compatible commercial and office uses located to the north, northwest and south of the property and to the existing residential community to the south and southwest of the site. This proposed use is consistent with the outdoor recreational lifestyle espoused by South Floridians and specifically Palm Beach Gardens and this use shall become a destination for residents throughout the City and surrounding areas. As the use is located along I -95 (a major highway) and has an unusual point of entry, the Petitioner is requesting that additional signage be provided to ensure residents and visitors to the City recognize the presence of the center and stop in Palm Beach Gardens to shop. The Petitioner is anxious to work closely with Staff throughout the approval process to ensure a successful development is achieved in the City of Palm Beach Gardens. L� Cotleur& MHearing 1934 Commerce Lane - Suite 1 • Jupiter. FL • 73456 561.747.6336 - 561.747.1377 8 F:\Project Documents \07 -0320 Gander Mountain\Applications and Submittals\Justification statementPUD -SP 4.24.07.doc a y G O d N WE I� IJ G P • • • I pi =n c� o [fi m v r m O c v3 o z 0 CL Y+ v ' 1 O CL 2) Ml 9 O rNIOL y P 1. 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SS�SSS2 FS Gander Mou '/�/1 /� /� /� I a 3 tall / / etw/ / J� .ie2 Palm Beach Gardens, Florida v =c: T \\... s n O ` A 8 9 �I �I ,I I 4 a b Z b a rn a b Z b a rn d 0 d a 0 Z d a I `I i �I �I O a a C a I� m �v C a yps��•pD y ymp po CK C[ !� MOW bJ3 >L.iaCSt 3 �' I 4 C A 8 9 �I �I ,I I 4 a b Z b a rn a b Z b a rn d 0 d a 0 Z d a I `I i �I �I O a a C a I� m �v C a GanalerMountain' Retail Pa /m Beach Gardens, FlorlafJ I� yps��•pD y ymp po CK C[ !� ♦ I bJ3 >L.iaCSt 3 �' 0 C) E.CD 4 C P oI i Oil 5 rN GanalerMountain' Retail Pa /m Beach Gardens, FlorlafJ I� ` ♦ I bJ3 R 0 C) E.CD • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum • • Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 Subject/A-genda Item: Petition MISC- 07 -04- 000028 - Gardens Medical Pavilion Signage Waivers Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent, on behalf of Gardens Medical Pavilion, LLC, for approval of three waivers to allow two additional principal tenant signs to be displayed on the Palm Beach Gardens Medical Pavilion building, located at the northwest corner of 3401 PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI). [ ] Recommendation to APPROVE X Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, & Growth Management: N/A Appeals Board City Attorney: Project 1 Action: Allan Owens Manage • Jackie H II an, AICP Administrator [ ) Recommend Appvl. Christine P. Tatum, Esq. Planner Bui ounta ( ] Rec. Approval with/ Development Compliance: N/A conditions [ ]Recommend Denial Bahareh K. Wolfs, AICP Ketty Labossier [ )Continued to: Principal Planner: [ X ] Quasi - Judicial Fees Paid: (X ]Yes Legislative Public Hearing Todd Miller, AICP Funding Source: Planning & Zoning Director: [ J Operating [X) Other NA Talal M. Benothman, AICP Growth Management Budget Acct. #: Advertised: No Attachments: A ins trator: NA A - Applicant's Request Date: Paper' w /Existing & Proposed Elevations Ka a I in, AICP [ X ] Not Required B — Location Map Approved By: C — Resolution172, 2004; Public Notice: Resolution 16, 1995; and City Manager: y g er: [ ] Yes Resolution 134, 1993 [ X I Not required Ronald M. Ferris • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum • Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 Subiect/Agenda Item: Petition MISC- 07 -04- 000028 - Gardens Medical Pavilion Signage Waivers Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent, on behalf of Gardens Medical Pavilion, LLC, for approval of three waivers to allow two additional principal tenant signs to be displayed on the Palm Beach Gardens Medical Pavilion building, located at the northwest corner of 3401 PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI). ] Recommendation to APPROVE [ X ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, & Growth Management; N/A Appeals Board City Attorney: Project Action: Allan Owens Manage- Jackie H II an, AICP Administrator [ ] Recommend Appvl. Christine P. Tatum, Esq. Planner Bui i ounta [ ] Rec. Approval with/ Development Compliance: N/A conditions [ ] Recommend Denial Bahareh K. Wolfs, AICP Ketty Labossier [ ]Continued to: Principal Planner: [ X ] Quasi - Judicial Fees Paid: [ X ]Yes Legislative Public Hearing Todd Miller, AICP Funding Source: Planning & Zoning Director: [ ]Operating [X] Other NA Talal M. Benothman, AICP Growth Management Budget cct. #: Bu A Advertised: No Attachments: A ini trator: NA A - Applicant's Request Date: Paper: w /Existing & Proposed Elevations Ka a I in, AICP [ X ] Not Required B — Location Map Approved By: C — Resolution 172, 2004; Public Notice: Resolution 16, 1995; and City Manager: y g [ ] Yes Resolution 134, 1993 [ X ] Not required Ronald M. Ferris Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 • EXECUTIVE SUMMARY The subject petition is a request for three waivers from Section 78 -285 of the Land Development Regulations to allow two additional principal tenant signs on the Palm Beach Gardens Medical Pavilion building. The applicant proposes two additional signs on the parapet walls at the top of the building on the east elevation facing Fairchild Gardens Avenue and the west elevation facing Lake Victoria Gardens Avenue. The proposed 133.8 square -foot sign on the east elevation will have sign copy that says "University of Miami." The proposed 28.2 square -foot sign on the west elevation will say "PBOI." Both of these signs will be visible from PGA Boulevard. Section 78 -285 of the City's LDRs allows the display of one principal structure /principal tenant wall sign. However, this building already has one existing 234 square -foot principal tenant sign on the south elevation, which was approved by City Council through the adoption of Resolution 172, 2004. Staff usually has no objection to more than one building identification sign, if adequately justified. However, additional building identification signs for office buildings are typically the same as that of the principal tenant, which is displayed on the primary sign. It is staff's opinion that multiple signs for different tenants on professional office buildings are contrary to the intent of the City's LDRs regarding the use of tenant signage. Furthermore, such signs create the appearance of advertising instead of providing a means of "way finding" to the building. Staff does not support this waiver request. BACKGROUND On November 4, 1993, the City Council adopted Resolution 134, 1993, which approved a Planned Unit Development (PUD) and site plan for the subject site to be developed as a professional medical office building known as Good Samaritan /St. Mary's Health Care Pavilion. Two years later, the City Council adopted Resolution 16, 1995, which approved an overall sign package for signage on the southeast and northwest elevations of the building. The City amended that program to permit a 234 square -foot principal tenant sign to be relocated to the third (top) floor of the south elevation of the building via Resolution 172, 2004. LAND USE AND ZONING The subject site is located at the northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center DRI. The site has a future land -use designation of Professional Office (PO). The zoning district classification is Planned Community District Overlay (PCD) with an underlying zoning of Planned Unit Development (PUD) /Professional Office (PO). 2 Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 • SIGNAGE REQUEST New Signs Gardens Medical Pavilion, LLC, the applicant, is seeking approval of three waivers from Section 78 -285 to allow two additional principal tenant signs to be displayed on the east and west elevations of the Palm Beach Gardens Medical Pavilion building. The proposed signs are to be located on the parapet walls at the top of the building facing Lake Victoria Gardens Avenue /PGA Boulevard and Fairchild Gardens Avenue /PGA Boulevard. The copy for the sign on the west elevation will read "PBOI" (for Palm Beach Orthopedic Institute) and will have a copy area of 28.2 square feet. The copy for the sign on the east elevation will read "University of Miami" and will have copy area of 133.8 square feet. The dimensions of the new PBOI sign are 33" high by 10'3" long, for a total of 28.2 square feet. The University of Miami sign measures 33" high by 48'8" long, and it has a total of 133.8 square feet. The letters will be illuminated reverse channel letters with Garamond Bold fonts in a "Map Black" color. Replacement Signs There is an existing building identification sign located on the south elevation facing PGA • Boulevard, and there is an existing sign on the north elevation. Both were previously approved by the City Council through the adoption of Resolution 172, 2004. According to the applicant, these signs will be modified to reflect a new and an existing tenant, with no increase in the signage area, letter heights, or materials. The existing building identification sign on the south elevation measures approximately 215 square feet, and it will be modified to read "Palm Beach Cancer Institute." The new sign will be slightly smaller and measures 33" tall by 727' long, for approximately 198.5 square feet. The applicant is also proposing that the existing sign on the north elevation be modified to display a 21 square -foot sign with the name of another tenant, "Medco Pharmacy." Staff does not support this request because the sign copy differs from the building identification sign that is proposed for the south elevation. Waivers Requested The applicant is requesting the following waivers for the two new signs proposed for the east and west elevations of the building: 3 Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 (1) Staff Analysis: Section 78 -285 of the City's Land Development Regulations (LDR) allows the display of only one principal structure /tenant wall sign per building. The intent of this provision of the City's LDR is to allow the visibility of major or principal tenant signage with which to identify the building. Requests for several signs for buildings with multiple entrances and /or retail bays are typically approved by the City for retail buildings. However, permitting office tenants to have multiple signs facilitates the use of signage as a means of advertising instead of using signage as a means of identification for vehicular traffic. This building already has one existing principal tenant sign on the south elevation, which was approved by City Council through the adoption of Resolution 172, 2004. Staff normally has no objection to more than one building identification sign, when adequately justified, provided the signs have the same name and are for the same principal tenant. However, it is staff's opinion that multiple signs for different tenants on professional office buildings are against the intent of the City's LDR regarding the use of tenant signage. Furthermore, such signs create an undesirable form of advertising instead of providing a means of building identification. It is staff's goal to protect the integrity of the PGA Boulevard corridor, consistent with the requirements and intent of Section 78 -221 of the City's LDR. Specifically, the intent of these guidelines is to create a unique, high quality and special identity for this boulevard. The guidelines also call for the preservation of the visual character of the corridor. However, permitting an increase in the number of signs on traditional office buildings along PGA Boulevard is incompatible with the character of the corridor. 4 Staff City Code Allows Proposed Waiver Requested Recommendation Section 78 -285, 1 sign for parcel with 2 additional signs: 2 additional Principal Denial (1) Table 24: at least 100 linear feet PBOI (west elevation) Tenant Signs Permanent of R.O.W. & University of Miami Signs: (east elevation) Principal Tenant Wall Sign Section 78 -285, Shall be located Both located above 2 additional Principal Denial (1) Table 24: below 2nd floor line 2nd floor line on east & Sins located above Permanent west parapet walls 2" floor line on Signs: parapet wall Principal Tenant Wall Sign Section 78 -285, Lesser of 90 square University of Miami 44 square -foot waiver Denial (1) Table 24: feet or 3% of affected (east elevation): for University of Miami Permanent building fagade 134 square feet sign on east elevation Signs: Principal Tenant Wall Sign (1) Staff Analysis: Section 78 -285 of the City's Land Development Regulations (LDR) allows the display of only one principal structure /tenant wall sign per building. The intent of this provision of the City's LDR is to allow the visibility of major or principal tenant signage with which to identify the building. Requests for several signs for buildings with multiple entrances and /or retail bays are typically approved by the City for retail buildings. However, permitting office tenants to have multiple signs facilitates the use of signage as a means of advertising instead of using signage as a means of identification for vehicular traffic. This building already has one existing principal tenant sign on the south elevation, which was approved by City Council through the adoption of Resolution 172, 2004. Staff normally has no objection to more than one building identification sign, when adequately justified, provided the signs have the same name and are for the same principal tenant. However, it is staff's opinion that multiple signs for different tenants on professional office buildings are against the intent of the City's LDR regarding the use of tenant signage. Furthermore, such signs create an undesirable form of advertising instead of providing a means of building identification. It is staff's goal to protect the integrity of the PGA Boulevard corridor, consistent with the requirements and intent of Section 78 -221 of the City's LDR. Specifically, the intent of these guidelines is to create a unique, high quality and special identity for this boulevard. The guidelines also call for the preservation of the visual character of the corridor. However, permitting an increase in the number of signs on traditional office buildings along PGA Boulevard is incompatible with the character of the corridor. 4 Date Prepared: June 15, 2007 Meeting Date: June 26, 2007 Petition No: MISC- 07 -04- 000028 STAFF RECOMMENDATION For the reasons stated above, staff recommends DENIAL of Petition MISC- 07 -04- 000028. JH /Case Files /Gardens Medical Pavilion /MISC- 07 -04- 000028 Signage Waivers /Staff report PZAB.doc Attachment A Cotleur& Hearing Wednesday, May 02, 2007 Ms. Jackie Holloman, Planner City of Palm Beach Gardens Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Gardens Medical Plaza (3401 PGA Blvd.) — Miscellaneous Petition (Signs) CH #07 -0304 Dear Jackie: Per your RAI dated April 13th please find attached the revised submittal materials addressing the number of waivers and the area calculations associated with the signage request for the above referenced building located on PGA Boulevard. The petitioner would request that this re- submittal material be re- reviewed at your earlier convenience so as to proceed onto DRC certification and public hearing on the matter. Your assistance is greatly appreciated. This re- submittal package contains the revised Justification statement and associated 10 calculations for the signage to building surface ratios. Also, please find attached the required PZ &A Board submittal sets at 11 x 17 and an electronic version of the legal description of the subject property. On behalf of the Applicant and the design team we are looking forward to working closely with City Staff and would ask that Staff contact any of the professional design and planning team should they have any questions or concerns associated with the submitted materials. Sincerely, Brian Cheguis, nior and Planner Cotleur & HearirlcL Enclosure: See above cc: Brian Waxman / Peter Applefield / Donaldson Hearing MAf 0 0 ?007 �Cotleur& • Hearing Gardens Medical Pavilion Miscellaneous Petition for Additional Signage Introduction Gardens Medical Pavilion LLC, the applicant, is seeking approval for a Miscellaneous Petition request for modifications to the existing signage and for the addition of primary building and tenant signage for the Gardens Medical Pavilion building located at 3401 PGA Boulevard. The applicant is requesting a modification to the signage, approved by City Council on September 14th, 2004 by way of Resolution 172, 2004. The proposed amendment includes modification to two existing signs currently approved and in the same location and the addition of two (2) wall signs to be located on the west and east sides of the building facing Lake Victoria Gardens Avenue and Fairchild Gardens Avenue respectively. The Applicant is requesting this item be expedited through the process for final consideration by Staff, the Planning, Zoning and Appeals Board, and City Commission. Specific Requests and Fees Miscellaneous Petition (Base Fee) $1,500.00 Total Fees $1.500.00 Project Contact Cotleur & Hearing, Inc. Donaldson Hearing / Brian Cheguis 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 (561) 747 -6336 (561) 747 -1377 bcheguis @cotleur- hearing.com 40 Wcofleur& Hearing 19M C-- L- - S 1. 1 - J.P1. , FL ]N56 $61.141.61)6 - 561.141.1111 Gardens Medical Pavilion Misc. Pet. — 3 Tenant Signs Justification The Petitioner has the ability to attract premier corporate and medical tenants on PGA Boulevard and requires sufficient signage to ensure that name recognition be established for these significant businesses re- locating to Palm Beach Gardens as their new headquarters for their respective business operations. The existing signage located on the south and north face of the building is permitted by way of a previous signage resolution (approved by City Council on September 14, 2004 by way of Resolution 172, 2004). These existing signs will be modified to reflect a new and an existing tenant with no change to the approved signage area, letter heights, and or construction materials. The two proposed new signs are requested to be located above the first floor at the top of the building facing Lake Victoria Gardens Avenue /PGA Boulevard and Fairchild Gardens Avenue /PGA Boulevard. The signage proposed will match the sign face area, letter heights and construction standards established for the existing (to be modified) signage. As PGA Boulevard is an internationally recognized roadway and "mainstreet" to the City of Palm Beach Gardens it is vital to the success of existing and new corporate and medical tenants to be recognized on the corridor. Other significant developments within the corridor have had similar signage approved for their premier tenants which has proven to be beneficial to both the petitioners and the general public. The Seacoast National Center and 3801 Building both have additional signage on their east and west facades in addition to that which is allowed by the code and that has been provided by way of approved waiver requests. The letters are proposed to be 2'9" in Garamond Bold font. The length of the signs will differ depending on the name of the tenant; all modified and new signage shall adhere to the required sign face and letter size requirement of the City's Land Development Regulations as outlined in section 78 -285 of the .code. The following table outlines the specific waiver requests for the two additional signs requested by the petitioner: ELEV. STATUS REQUEST TEXT WIDTH HEIGHT AREA % OF AREA North Existing Modify Existing "MEDCO PHARMACY" 56' 14" 65 S.F. 26% South Existing Modify Existing "PALM BEACH CANCER INSTITUTE" 78'2" 33" 215 S.F. 31% East Proposed New Sin "UNIVERSITY OF MIAMI" 56' 33" 154 S.F. 26% West Proposed New Sin "PBOI" 56' 33" 154 S.F. 26% Waivers Requested The petitioner is requesting three waivers from section 78 -285 of the City's LDRs for the two (2) additional principal tenant signs requested for the building as outlined herein: SIGNS — SIGN Section Flat/Wall Sign for Request to add up to 2 Deviation of 2 signs located above PROGRAM 78 -285 Principal Structure additional principal the first floor of the building for (Table 4) or Principal Tenant tenant signs above the two additional principal tenants 1 sin permitted first floor of the building SIGNS — SIGN Section Ground floor Request to located Deviation to location of signage to PROGRAM 78 -285 tenants signage not principal tenant signage top of building for clear visibility (Table 4) permitted above above the ground floor purposes 2nd floor line SIGNS — SIGN Section 90 S.F. sign area Two (2) 154 S.F. signs 64 S.F. waiver for two (2) signs PROGRAM 78 -285 Table 4 Justification of the above referenced waivers are outlined above in section entitled "Justification ". . Wcotieum 2 Hearing 19M Com L:7m � SWW 1 � Jup—' FL � 55156 561.)/).63M - 56111).1]1) FAProiect DocumentsW -0304 Gardens Medical Pavilion 3401 PGA BlvdlApplications and Submittals15.02.2007 Justification Slatement.doc Gardens Medical Pavilion Misc. Pet. — 3 Tenant Signs Conclusion The request for additional signage and required waivers is consistent with the City's Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed new signage is consistent with the existing approved signage and will not create negative visual impacts on or off -site. The petitioner believes that premier tenant occupancy is directly tied to their ability to have clear identification of their facilities to the general public. This request is similar to other projects approved within the Regional Center DRI and along PGA Boulevard. The petitioner shall work closely with Staff to ensure they have all the necessary information and material to review and recommend approval of this request. ID 3 WCofleur& Hearing 1834 Comemx Lem � SUM 1 � hp6er, FL � 33156 561.717.6336 - 561.717.1377 FAProject Documents \07 -0304 Gardens Medical Pavilion 3401 PGA BlvdlApplications and Submittals15.02.2007 Justification Statement.doc Attachment B http: / /pbgsgis/ output /pbg_PBGSGIS40567856654.png 6/15/2007 Attachment C ATTACHMENT C uate rreparea: August 4, 2004 61 2 RESOLUTION 172, 2004 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING TWO WAIVERS FROM 7 SECTION 78 -285, CODE OF ORDINANCES ENTITLES "PERMITTED 8 SIGNS," TO ALLOW THE INSTALLATION OF A 234 SQUARE -FOOT 9 PRINCIPAL TENANT SIGN ON THE THIRD FLOOR OF THE SOUTH 10 ELEVATION AT THE PALM BEACH GARDENS MEDICAL PAVILION, 11 WHICH IS LOCATED WITHIN THE REGIONAL CENTER PLANNED 12 COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY 13 DESCRIBED HEREIN; PROVIDING FOR TWO WAIVERS; PROVIDING 14 FOR A CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, on November4, 1993, the City Council approved Resolution 134,1993, 19 thereby approving the site plan for the Good Samaritan /St. Mary's Health Care Pavilion 20 Parcel; and 21 22 WHEREAS, the City has received a miscellaneous application (MISC- 04 -35) from 3 Jonathan Field of the Palm Beach Gardens Medical Pavilion for approval of two waivers 4 from City Code Section 78 -285, Permitted Signs, to permit the installation of a 234 square - 25 foot principal tenant sign on the third floor of the south elevation at the Palm Beach 26 Gardens Medical Pavilion, which is located approximately '/2 of a mile west from the 27 intersection of PGA Boulevard and Alternate Al A, as more particularly described herein; 28 and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay and has a future land use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. CITY O� AIM BCH GDNS � l y APR 04 2007 PLANNING & ZONING DIV Date Prepared: August 4, 2004 Resolution 172, 2004 SECTION 2. The miscellaneous application from Jonathan Field of the Palm Beach 2 Gardens Medical Pavilion is hereby APPROVED on the following described real propertyto 3 permit the installation of a 234 square -foot principal tenant sign on the third floor of the 4 south elevation at the Palm Beach Gardens Medical Pavilion, subject to the condition of 5 approval contained herein, which is in addition to the general requirements otherwise 6 provided by ordinance or Resolution 134, 1993: 7 8 LEGAL DESCRIPTION: 9 10 A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, 11 CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE 12 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 6; THENCE NORTH 88 °45'08" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE - QUARTER OF SECTION 6, A DISTANCE OF 478.30 FEET; THENCE NORTH 01 014'52" EAST, A DISTANCE OF 43.86 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF PGA BOULEVARD, AS RECORDED IN OFFICIAL RECORDS BOOK 4442, PAGE 856, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE PROCEED NORTH 03 °36'10" WEST, A DISTANCE OF 419.67 FEET; THENCE NORTH 56 °23'50" EAST, A DISTANCE OF 313.54 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF FAIRCHILD GARDENS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PAGE 354, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT -OF- WAY LINE, SOUTH 30 019'43" EAST, A DISTANCE OF 116.61 FEET; THENCE SOUTH 28 °44'15" EAST, A DISTANCE OF 180.07 FEET; THENCE SOUTH 30 °19'43" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 465.87 FEET AND A RADIAL BEARING OF SOUTH 59 040'17" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31044'44", A DISTANCE OF 258.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °25'01" WEST, A DISTANCE OF 22.16 FEET; THENCE SOUTH 46 °19'57" WEST, A DISTANCE OF 56.48 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF THE AFORESAID PGA BOULEVARD; THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 88 045'08" WEST, A DISTANCE OF 16.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2934.79 FEET AND A RADIAL BEARING OF SOUTH 01014'52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 039'09 ", A DISTANCE OF 391.98 FEET TO THE POINT OF BEGINNING. Date Prepared: August 4, 2004 Resolution 172, 2004 0 SECTION 3. Said approval is subject to the following condition, which shall be 2 binding on the applicant, its successors, or assigns: 3 4 1. The applicant shall remove the existing building sign on the south elevation prior 5 to building permit approval of the third floor principal tenant sign. (Planning & 6 Zoning) 7 8 SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby 9 approves the following waivers: 10 11 1. Section 78 -285, Permitted Signs, to allow for principal tenant sign on the third 12 floor of the south elevation. 13 14 2. Section 78 -285, Permitted Signs, to allow for a 234 square -foot principal tenant 15 sign. 16 17 SECTION 5. This approval expressly incorporates and is contingent upon all 18 representations made by the applicant or applicant's agents at any workshop or public 19 hearing. 20 21 SECTION 6. This Resolution shall become effective immediately upon adoption. 22 6 (The remainder of this page left intentionally blank) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 05 6 3 Date Prepared: August 4, 2004 PASSED AND ADOPTED this // day of S6197Zrui8t?L , 2004. ATTEST: BY: a Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY (q] / L'4 /? hristine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY CITY OF AYE NAY ABSENT G :\attorney_share\RESOLUTIONS\pbg medical pavilion - sign waivers - reso 172 2004.doc GARDENS, FLORIDA , Mayor L 0 RESOLUTION 16, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE GOOD SAMARITAN /ST.MARY'S HEALTH CARE PAVILION (FORMERLY GOOD SAMARITAN) PARCEL AS APPROVED BY RESOLUTION 134, 1993, BY APPROVING AN OVERALL SIGN PACKAGE. WHEREAS, the City Council of the City of Palm Beach Gardens has approved the Good Samaritan /St. Mary's Health Care Pavilion Parcel by Resolution 134, 1993; and WHEREAS, signage for the Good Samaritan /St. Mary's Health-Care Pavilion Parcel was.to be approved by subsequent resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the Good Samaritan /St. Mary's Health Care Pavilion (formerly Good Samaritan) Parcel Development • by approving an overall sign package in conformance with plans on file in the City's Planning and Zoning Department as follows: 1. March 6, 1995 Good Samaritan & St. Mary's Health Care Pavilion Southeast Elevation Wall- Mounted Sign Plan by SignCraft. 1 Sheet. 2. June 15, 1994 Good Samaritan & St. Mary's Health Care Pavilion Northwest Elevation Wall- Mounted Sign Plan by SignCraft. 1 Sheet. 3. December 20, 1994 Lettering Details Plan by SignCraft. 1 Sheet. Section 2. This Resolution shall be effective upon adoption. �. L INTRODUCED, PASSED AND ADOPTED THI5 l ' �DAY�3 1995. . CLARK, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APP AS TO LEGAL CITY ATT N RESOLUTION 16, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE GOOD SAMARITAN /ST.MARY'S HEALTH CARE PAVILION (FORMERLY GOOD SAMARITAN) PARCEL AS APPROVED BY RESOLUTION 134, 1993, BY APPROVING AN OVERALL SIGN PACKAGE. WHEREAS, the City Council of the City of Palm Beach Gardens has approved the Good Samaritan /St. Mary's Health Care Pavilion Parcel by Resolution 134, 1993; and WHEREAS, signage for the Good Samaritan /St. Mary's Health Care Pavilion Parcel was to be approved by subsequent resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the Good Samaritan /St. Mary's Health Care Pavilion (formerly Good Samaritan) Parcel Development by approving an overall sign package in conformance with plans on file in the City's Planning and Zoning Department as follows: 1. March 6, 1995 Good Samaritan & St. Mary's Health Care Pavilion Southeast Elevation Wall- Mounted Sign Plan by SignCraft. 1 Sheet. 2. June 15, 1994 Good Samaritan & St. Mary's Health Care Pavilion Northwest Elevation Wall- Mounted Sign Plan by SignCraft. 1 Sheet. 3. December 20, 1994 Lettering Details Plan by SignCraft. 1 Sheet. Section 2. This Resolution shall be effective upon option. INTRODUCED, PASSED AND ADOPTED THIS /64DAY� 1995. .vCLARK, MAYOR ATTEST: LINDA iV. KOSIER, CMC, CITY CLERK APP AS TO LEGAL FORM AND S�BY: . CITY ATTORtr October 26, 1993 October 14, 1993 November 2, 1993 November 4, 1993 RESOLUTION 134, 1993 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT FOR CONSTRUCT OF A PROFESSIONAL MEDICAL OFFICE BUILDING FOR GOOD SAMARITAN MEDICAL CENTER WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DISTRICT ON CERTAIN LANDS LOCATED WITHIN THE CITY OF PALM BEACH GARDENS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND OTHER PLANS AS SET FORTH IN THIS RESOLUTION ; PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, does hereby create a Planned Unit Development for construction of a professional Medical office Building for Good Samaritan Medical Center within the Regional Center Planned Community District on certain lands located within the City of Palm Beach Gardens and more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. Development under this Planned Unit Development shall be in accordance with and subject to the Site Plan and other t I • plans as follows: 1. Site Plan dated September 29, 1993, prepared by Lidberg Land Surveying, Inc. consisting of one (1) sheet. 2. Garage Floor Plan dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 1 of 4. 3. First Floor Plan dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 2 of 4. 4. Northwest and Southeast Elevations September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 3 of 4. 5. North and West Elevations dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 4 of 4. 6. Landscape Plan dated October 4, 1993, prepared by Blakely and Associates. Sheet 1 of 5. 7. Entrance Road Landscape Plan dated August 29, 1993, prepared by Blakely and Associates. Sheet 2 of 5. 8. Northwest and Southeast Building Elevation with Landscaping dated October 29, 1993, prepared by Blakely and Associates, Catalfumo and Architectural Design Associates. Sheet 3 of 5. 9. West and North Building Elevation with Landscaping dated September 19, 1993, prepared by Blakley and Associates, Catalfumo Architectural Design Associates. Sheet 4 of 5. • 10. Landscaping Planting Notes and Details dated September 30, 1993, prepared by Blakley and Associates. Sheet 5 of 5. Section 3. Petitioner shall be subject to and shall comply with the following additional specifications, requirements and conditions: 1. The use of groundwater (wells) for irrigation is to be a 24 -month temporary source after the issuance of a Certificate of Occupancy, with water quality monitoring, with a two (2) year extension for good good cause shown. An area distribution plan shall be developed by NPBCWCD to provide surface water sources (lakes) for irrigation as a permanent source. 2 2. The construction of Southwest Drive to the project's 41 entrance and the north /south access drive shall be completed, landscaped, irrigated and open to the public prior to the issuance of the Certificate of Occupancy. 3. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped - off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.50 (Tree Protection) paragraphs B, C, and D shall also be enforced during construction. 4. All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, and all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 5. All trees or plants designed for preservation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10" height. Shrubs shall be replaced with like specie one for one with a minimum 30" height. If the site cannot support the total number of replacement trees as required above, the City Council may permit the developer to donate excess trees to the City for planting on public lands. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the Planning and Zoning Commission and /or City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 7. The irrigation and maintenance of Southwest Drive and �M the north /south access drive shall be the responsibility • of the developer of this project or by a property owner's association for the Regional Center DRI. 8. All vehicles parked in the southwest and southeast parking areas shall be 100% screened within 5 feet above ground anywhere along the PGA Boulevard Right -of -Way. 9. There shall be no mobile facilities associated with any of the approved uses on the subject site. 10. There shall be no roof mounted satellite dishes or antenna allowed on the subject building unless they are enclosed within the roof elevator and /or utility housings. 11. All ground -level satellite dishes and antennae shall be completely screened from the perimeter of the subject property. Section 4. Within three (3) years from the effective date of this Resolution, the petitioner shall provide the City with a performance bond, letter of credit or escrow agreement in a form approved by the city in a sum of money prescribed by the City and shall be posted within the City of Palm Beach Gardens to assure the completion of the infrastructure including on -site roadways, drainage and utility improvements required for the Planned Unit • Development and common and project landscaping/ buffer and entry feature. From time to time as improvements are completed and approved by the City, the amount of the performance bond, letter of credit or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on -site roadway, drainage and utility improvements required for the Planned Unit Development, the City shall release said performance bond, letter of credit or escrow agreement. Section 5. The development of the Planned Unit Development shall be completed within three (3) years from the effective date -4- hereof; provided, however, Petitioner may obtain an extension of . one (1) additional year to commence the first phase for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. If Petitioner fails to commence development as required, the Planned Unit Development shall remain until such time as the Petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the City Council. All impact fees in place at the time of the first building permit shall be paid at that time. Section 6. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be approved by subsequent Resolutions without the necessity of review by the Planning and Zoning Commission, advertisement or public hearing. Section 7. All references to Petitioner and /or Developer, together with all requirements of this Resolution shall apply to and be binding upon the successors and assigns. Section 8. No Building Permit for the Planned Unit . Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and all other building requirements of the City of Palm Beach Gardens code and requirements of other governmental agencies, if necessary, shall be met. Section 5. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a Unity of Control or Unity of Title in requisite form to be approved by the City Attorney, requiring the lands described in Exhibit "A" to be developed in accordance with this Resolution. - 5 - . Section 10. If any part or portion of this Resolution is found to be void or defective, the remainder of the Resolution shall continue in full force and effect. Section 11. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 12. This Resolution shall take effect immediately upon passage. INTRODUCED, PASSED AND ADOPTED THIS DA,Y OF NOVEMBER, 1993. JOSEPH R. RUSSO, MAYOR ATTEST: *NA i�ZER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK NAY ABSENT N r ui U? N 2 4 H N s w F-- O � o i o 0 ~ • r o m � / m y O CL a a o`� ~` v WI Z c N r ui U? N 2 4 H N s w F-- CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Petition MISC- 07 -04- 000028 Gardens Medical Pavilion Signage Waivers Recommendation to City Council June 26, 2007 Location Gardens Medical Pavilion (fka /Good Sam /St. Mary's) o� �5 GAO G�' Copyrig ht (c)(1007 Gdyof Palm Beach Gardens, FL"- 0 M304ft Background • Resolution 134, 1993 approved PUD • Resolution 16, 1995 approved overall sign package on southeast &northwest elevations • Resolution 172, 2004 amended signage program to permit a 234 s.f. principal tenant sign to be relocated from the 3rd story to the top level of the south elevation 871 -3" 78' -2" 33 "(H)- i ALM BEACH GARDENS MEDICAL PAVILION T -10" All YH 31Y .� 1, �i I - r -iF * i t d l� SOUTH ELEVATION SCALE 1/16 " =1' -0" Palm Beach Cancer Institute 33" x 72' -2" — 198.5 square foot x 7.83 = 683.46 SF 70% OF FACADE AREA „X72,_2„ e�f � 33 U-YIb , rSITY QF WAMI to/ vaL�1 ggaCFl C•��$� ALZ 7,1w, •1� .,.• r - 7� BI L 0x3.83 = 126.12 SF 1411 s10 42' MEDCO PHARMACY tom; . 21 s.f. proposed sign - 14" x 17' -T PBOI - West Elevation 28+ s.f. proposed new sign — 33" x 10'3" 40.83 x 7.83 = 319.86 SF ---- 56 - - - - -- 70% OF FACADE AREA 87.25 x 7.73 = 683.4 UNIVERSITY OF MIAMI East Elevation 134 s.f. sign — 33" x 48' -8" !�. r 2'9„ 56' PC OF MLAA11 j i. a tp of a- � L Waiver Requests Allows Proposed Waiver Requested Staff Recommendation City Code Section 78- 1 sign for parcel 2 additional signs 2 additional Denial (1) 285, with at least 100 on west & east Principal Tenant Table 24: linear feet of elevations Signs Permanent R.O.W. Signs: Principal Tenant Wall Sign Section 78- Located below 2nd Located above 2nd Located above 2nd Denial (1) 285, floor line floor line on floor line on parapet Table 24: parapet walls wall Permanent Signs: Principal Tenant Wall Sign Section 78- Lesser of 90 square 154 square feet 44 s.f. waiver for U. Denial (1) 285, feet or 3% of of Miami sign on Table 24: affected building east elevation Permanent fagade Signs: Principal Tenant Wall Sign Staff Recommendation - Denial • Purpose of the LDRs in allowing only one building identification sign is to prevent multiple names from appearing on buildings. If approved, this building will have 4 different building identification signs. • Several different names on buildings causes confusion as to the building's proper identification — Is it the Palm Beach Cancer Institute, PBOI, the University of Florida, or the Medco Pharmacy building? • Staff recommends that the proposed Medco Pharmacy sign on north elevation be denied, and that this 2nd building identification should match the building identification sign proposed for the south elevation, as was previously approved by Resolution 16, 1995. • Multiple signs on a building would provide a form of advertising for tenants instead of providing a means of "way finding" or direction to building. • Multiple signs are typically only for individual tenant bays in retail buildings. • Staff remains in support of the LDR's, which are written to protect the appearance of PGA Boulevard, as well as the other thoroughfares of the City. 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D U) cn Z Z OO Q _ C_ °Z O (7-9 00 A N N O D 8G) ^' w x r < < 0 C T O r n m < D �n O m w z zD D z 0 o fv c, v CH 2 0 ---q � D v O 00 m z c m D m KO0 U) m n r r 0 mi 0 ? 0 --I v, m m m z Z � 0 0 ;u W v 0 m < m 0 T m 0 m m I i cn m °x m m m X D r m O z 3 = -o 4kc`° � CD Pa /m Beach Gardens Meadica/ Pavilion CD N od o_a ,°o(A �9w• cn _ _ v3 rb v �cX C. 4kc`° € Pa /m Beach Gardens Meadica/ Pavilion LI a • • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD . Agenda Cover Memorandum Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 Subiect/A2enda Item: Gardens Pointe Public Hearing and Recommendation to City Council: A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of a 175 -room, six (6) story hotel; a four (4) story 37,500 square -foot office building and a one (1) story 4,000 square -foot out parcel bank. The 6.64 -acre subject site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). [ X) Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB Action: Growth Mana ment: [N /A] Approved City Attorney Christine Tatum, Esq. project Costs: $ N/A [N /A] App. w! conditions Manager Total [NIA] Denied Development Compliance Kara L. Irwin [ ] Rec. approval GMA $ N/A [ ] Rec. app. w/ conds. Bahareh Keshavarz, AICP Current FY [ ] Rec. Denial [X] Quasi- Judicial [ ] Legislative [NIA] Continued Planning & Zoning Division M Public Hearing Funding Source: to: Director Advertised: Attachments: Talal Benothman, AICP [ ] Operating • PBPost Ad Date: 6/15/2007 *Resolution 44, 2006 Growth Manage Paper: PB Post [XI Other N/A • Resolution 81, 2001 Administrator [ ] Not Required • Resolution 105, 2004 • Resolution 120, 2005 Kara L. Irwin AICP Budget Acct #: NA • Project Narrative • Shared Parking Approved By: Analysis Affected parties: Ronald Ronald M. Ferris Plans [ ] Notified City Manager [X] Not Required I Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 2 of 21 • EXECUTIVE SUMMARY The subject petition is a request for site plan approval of a 175 -room, six (6) story hotel; a four (4) story 37,500 square -foot office building and a one (1) story 4,000 square -foot out parcel bank. The subject site is located within the Regional Center Development of Regional Impact (DRI) immediately south of the approved Landmark residential project. Previously on May 18, 2006, the subject site was approved for a 214 residential condominium high -rise units within two twelve -story towers, and twenty -six (26) townhouses through the adoption of Resolution 44, 2006. The City Council voted 3 - 2 to recommend approval of the subject petition with 10 waivers and 50 conditions of approval. Currently, the applicant is requesting nullification of the previous development order and approval of a master site plan approval for the non - residential project. BACKGROUND Re-zional Center DRI The proposed development is located within the Regional Center Development of Regional Impact (DRI) on Parcel 27.09. On February 16, 1984, the City Council approved the Development Order of the Regional Center through Resolution 9, 1984. The DRI was approved • for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order currently permits a maximum development of 1,640,000 square feet of retail, restaurant, and cinema; 26,000 square feet of neighborhood commercial; 1,210,000 square feet of business office; 235,200 square feet of research and development office; and 2,051 dwelling units. The total acreage of the DRI is 458.2 acres. The most recently approved Notice of Proposed Change (NOPC #10) to the Regional Center DRI was approved through Resolution 105, 2004 on June 17, 2004, and provided for the following: • Increased the maximum number of potential residential units for the DRI from 1,813 to 2,051 dwelling units; • Set a maximum building height of 140 feet for all buildings on Parcel 27.09; • Reduced the minimum thresholds for Business Office from 1,043,287 square feet to 985,695 square feet; • Reduced the minimum thresholds for Research and Development Office from 73,440 square feet to 71,032 square feet; • Reduced the minimum thresholds for hotel from 118 rooms to zero. • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 3 of 21 • Parcel 27.09 Catalfumo submitted a development application for Parcel 27.09 to the City in 2003, for the development of three professional office buildings totaling 60,000 square feet. This development application was for Phase I of a two phase office complex. However, this application was withdrawn in March 2003. During the discussion of Resolution 105, 2004 at the June 17, 2004, meeting, Kolter Properties informed the City Council that. they had entered into a contract to purchase Parcel 27.09 for the purpose of developing multi - family residential dwelling units (Please see attached minutes). Subsequently, the City Council made a motion to approve the resolution with the addition of a building height limitation of 140 feet for Parcel 27.09 as 140 feet was the height of the UBS/Paine Webber building, the second tallest building within the DRI. According to Resolution 81, 2001, all conversions of uses shall be approved by the City Council through the site plan review process. On February 1, 2005, Urban Design Studio, on behalf of Kolter Properties, submitted a development application to the Growth Management Department for 240 residential condominium and townhouse units on Parcel 27.09. Therefore, the conversion of Parcel 27.09 from office/hotel /community use to multi - family residential was approved with the adoption of Resolution 44, 2006. Subsequent to the adoption of Resolution 105, 2004 and the submittal of the Kolter development •application, City Council held a retreat on the 28`h and 29`h of April 2005. During this retreat, the City Council set a city -wide policy to discourage the conversion of commercial land to residential. LAND -USE AND ZONING The subject site has a joint land -use designation of office /hotel /community use, as indicated on the Development of Regional Impact (DRI) and Planned Community District (PCD) master land - use plan (Map H), and Professional Office (PO), as designated on the City's Future -Land Use Map. Therefore, both land -use designations apply to the subject parcel. The zoning designation of the site is a Planned Community District (PCD) Overlay. In accordance with Section 78 -155 (c) (2), Code of Ordinances, the Growth Management Administrator has determined that the Commercial Retail (C) property development regulations shall apply to the subject site. PROJECT DETAILS The proposed project consists of a 175 -room, six (6) story hotel; a four (4) story 37,500 square - foot office building and a one (1) story 4,000 square -foot out parcel bank on a 6.64 -acre site. Hotel The proposed hotel consists of 175 rooms, 3,250 square feet of meeting space, and limited food Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 4 of 21 service for the hotel patrons. While a hotel food service is not closed to non - customers of the hotel, the restaurant will not be permitted to have outside signage that will advertise to passers- by. Office Building The four (4) story 37,500 square -foot office building is located on the southwest corner of the site directly abutting the Perpetual Public Access Easement (PPAE) around the lake feature that separates this site and the Landmark site from the Down town at the Gardens site. The building includes a drive -thru facility on the south elevation of the building. Bank Building The one (1) story 4,000 square -foot out parcel bank is located on the south east corner of the site. Site Access The project is bounded by the Landmark to the north, Lake Victoria (a.k.a. the Downtown at the Gardens Lake) to the west, Kyoto Gardens Drive to the south, and Fairchild Gardens Avenue to the east. Vehicular access to the site will be achieved from one ingress /egress point off of Kyoto Gardens Drive and one off of Fairchild Gardens Avenue. Phasing • According to the applicant, the development is proposed to be built in one phase. Trafitc Concurrency The proposed project has reserved concurrency through the Regional Center DRI approval. The City Engineer has reviewed the proposed site plan to ensure compliance with the DR] concurrency approval and has raised no concerns. Landscaping The applicant is providing 15,969 landscaping points on -site, whereas 10,123 are required by the City Code. The applicant has allocated 1.660 acres, or 25.01% of the site, toward open space, which meets the minimum 10% required for non - residential developments within PCDs. The applicant has provided a 20 -foot wide landscape buffer along Fairchild Gardens Avenue and Kyoto Gardens Drive, which meets the minimum 20 -foot width code requirement. The applicant has also provided a 15 -foot wide landscape buffer adjacent to the Landmark, which meets the 8- foot width code requirement. Plantings within the buffers include specimen trees such as Canary Island Date Palms, Live Oaks, Washington Palms, and sabal palms. Other plantings include Royal Palms, Dwarf Date • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 5 of 21 Palms, Ligustrums, Viburnum hedges, Bougainvillea, and European Fan Palms. Foundation is plantings have been provided for each building and either meet or exceed City Code requirements for height. Specimen trees include Coconut Palms, Washington and Cabbage Palms at a height of 22' -30'; Paurotis and Montgomery Palms at a height of 22' -28'; Foxtail and Florida Thatch Palms at a height of 22% , and Magnolias, Live Oaks, and Travelers Palms at a height of 18' -20'. Lake Plan The lake plan, also referred to as the Perpetual Public Access Easement (PPAE), surrounds Lake Victoria and provides the largest public amenity (26.9 acres) within the Regional Center DRI. The lake plan's meandering pathways provide an inviting and convenient pedestrian access to Downtown at the Gardens, the Landmark, Gardens Pointe, Mira Flores, and the Gardens Mall through two public pathways (Landmark & Gardens Pointe) that connect to Fairchild Gardens Avenue. The lake plan also includes street furniture, lighting, signage, a bridge, landscape and hardscape features that create a unified sense of place for the entire area. Common themed materials are used to define the park area. Paver pedestrian connections are provided across vehicular crossings at Kyoto Gardens Drive and at the intersections of Gardens Parkway and Valencia Gardens Drive, and Gardens Parkway and San Cristobal/Fairchild Gardens Avenue. This lake plan is maintained by the Regional Center Property Owners Association. As per Resolution 120, 2005, the applicant is required to fulfill the lake plan requirements for the subject site. The applicant has provided an area on the west, and south perimeters of the parcel, • which is intended for recreation and open space for the public, as part of the lake plan requirements. These pathways link the subject site to other parcels immediately abutting the lake, and also link the lake path to Fairchild Gardens Avenue. The interconnecting pathways will allow for the public and residents in the proposed community to utilize the lake, and will serve as a pedestrian linkage between the proposed project and Downtown at the Gardens. Upon staff's urging to enhance the approved lake plan, and upon the PZAB's recommendation, the applicant has revised the plans to reflect a prominent lake overlook plaza that will create additional opportunities for public enjoyment and pedestrian activity adjacent to Lake Victoria. Gardens Pointe, the Landmark, Downtown at the Gardens, and the lake plan all make up an urban core by providing an interaction of mixed uses and pedestrian activity. It is staff's professional opinion that the public will take advantage of the PPAE as originally contemplated; and therefore the current uses proposed are more appropriate that the townhomes approved through the adoption of Resolution 44, 2006. Site Lighting The site will be illuminated according to the minimum LDR requirements. However, parking garage lighting for the "contingency plan" garage will also meet IESNA standards as requested by the Police Department. The applicant is proposing metal halide lighting throughout the site. • • Pag • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07- 02- 000003 Page 6 of 21 The applicant is requesting approval of the project with a shared parking analysis, consistent with the requirements set forth in section 78 -346 of the City's Land Development Regulations. Based on a 100% use of the property at all times, the straight code requirement would be 366 spaces. The shared parking analysis indicated that a maximum of 321 parking spaces would be required based on a percentage of parking spaces being utilized at any given time. The applicant is providing 324 parking spaces on the revised master plan, which is a few spaces over the shared parking requirement, yet deficient 42 spaces from the straight code application of the requested uses. According to the LDR's, the applicant is required to provide a parkin contingency plan to provide for additional parking should it be determined that the shared parking is deficient. The applicant has provided a plan, which indicates the provision of a parking garage with 56 spaces, which would provide the site with a total of 380 parking spaces, which is in excess of the total spaces required by the application of the straight parking analysis. H osed Use Re ulation Requirement ro irement s aces e 175 rooms 1.1 space /room 192.5 Hotel (3,250 square feet meeting l space / 100 square feet 32.5 room Office (37,500 square feet) 1 space / 300 square feet 125 Bank 4,000 square feet 1 space / 250 square feet 16 TOTAL 366 The parking contingency plan shall require specific conditions of approval that provide for the evaluation of the parking of the site and a trigger for the requirement of the three (3) story parking garage. The proposed garage is located on the northeast section of the site and will provide for the addition of 115 spaces and the removal of 59 spaces; therefore, the contingency plan will provide for an addition of 56 parking spaces to the site. The applicant is proposing 9.5' wide park_ ing spaces in the garage proposed for the parking contingency plan. The applicant has provided for additional open space on site consistent with the addition of the reduced spaces in the garage. i Weekday Weekday Weekday Weekend Weekend Use 12a — 6a 9a — 4 b —12a 9a — 4 6 —12a Hotel 180 180 225 180 180 Office 6 125 13 13 6 Bank 2 16 2 2 1 Total 188 321 1 241 195 187 Maximum TOTAL 321 The parking contingency plan shall require specific conditions of approval that provide for the evaluation of the parking of the site and a trigger for the requirement of the three (3) story parking garage. The proposed garage is located on the northeast section of the site and will provide for the addition of 115 spaces and the removal of 59 spaces; therefore, the contingency plan will provide for an addition of 56 parking spaces to the site. The applicant is proposing 9.5' wide park_ ing spaces in the garage proposed for the parking contingency plan. The applicant has provided for additional open space on site consistent with the addition of the reduced spaces in the garage. i Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 7 of 21 • The applicant is requesting a waiver from Section 78 -344 (L) (1), which requires a 10 -foot wide parking stall width. The applicant is proposing to allow for 9.5' wide parking spaces for 67 of the 324 parking spaces. The applicant has provided for the additional open space required for the reduction in the parking stall widths. Sign The applicant is requesting waivers for the proposed signage number and location. The applicant is proposing three project wall signs for the hotel and two each for the office and bank buildings. The applicant is requesting waivers for number of signs for the hotel and office buildings, as well as requesting the installation of the signs above the second (2nd) floor line. The bank building only requires a waiver to the number of signs for the building in order to a second sign of the building fagade. Architecture and Special Features All buildings on -site consist of a contemporary Mediterranean blend style with Spanish "S" tile roof, anodized bronze window frames and tinted windows, scoring, aluminum grilles, aluminum railings, cast stone concrete wainscot, and stucco wall finish. The proposed color scheme will feature neutral tan colors including Almond Paste, Glazed Pears, Almond Brittle, Soft Suede, Golden Ecru, and Ivory Tower (trim). • The buildings are massed on site to locate the tallest buildings interior to the site and transition to the lower buildings to the adjacent streets. [The remainder of this page intentionally left blank] Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 8 of 21 Waivers • Resolution 44, 2006 provided for the approval of the following ten waivers: • • Code Section Required Provided Waiver Discussion Section 78 -184: Height 45' 12- stories, 140 ft. 95' (1) ** of Buildings Section78 -344 (1) b 10' 9.5' Garage Spaces .5' (2) Parking stall width Only Section 78 -142 30 f1. plus one foot for 64' South Tower 86' (3) ** Residential High Zoning each foot of building District Setbacks height greater than two Front (Kyoto Dr. stories = 150' Section 78 -142 30 ft. plus one foot for 40' North Tower 110' (4) ** Residential High Zoning each foot of building District Setbacks height greater than two Front Fairchild Ave. stories = 150' Section 78 -142 20 ft. plus one foot for 27' North Tower 113' (5) ** Residential High Zoning each foot of building 23' South Tower 117' District Setbacks height greater than two Side stories = 140' Section 78 -142 20 ft. plus one foot for 20' North Tower 120' (6) ** Residential High Zoning each foot of building District Setbacks height greater than two Rear stories = 140' Section 78 -285: Max Sign Faces: 1 2 1 (7) Permitted Signs, Table 24 Section 78 -285: Landscaping around 5' 5' (g) Permitted Signs, Table monument sign shall be no 24 less that sin height — 10' Section 78 -441 (c): No building permits prior Sales Trailer & 1 2 Buildings (9) General Application to plat approval Dry Townhouse Procedure Model Section 78 -182 (f): 10.0 -Foot Candle 91.5 -Foot Candles 81.5 -Foot Candle (10) Illumination of Uses Maximum in Parking in the Parking and Buildings Areas Garage [The remainder of this page intentionally left blank] Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 9 of 21 The Applicant is requesting approval of the following five (5) waivers. The Applicant's waiver justification is attached hereto and, therefore, is not included in the text of this report The current application is requesting approval of the following four (4) waivers: Code Section Required Provided Waiver Recommendation 5'110' wide foundation Section 78 -320: planting adjacent to 30% of adjacent wall 2 buildings Support (1) Foundation building / 30% bldg height (Hotel & Office) landscaping height Not continuous Hotel - 26.1' Office - 24' Cannot be located Hotel Bldg — above 6' Section 78 -285: Permitted signs. above the second (2"d) floor line floor Office Bldg — above 0 2 buildings (Hotel & Office) Support (2) floor Section 78- 285: One per building Hotel Bldg— 3 signs 2 signs Permitted signs. Office Bldg — 2 signs l sign Support (3) Bank Bldg — 2 signs 1 sign Section 78 -141: 36' Hotel Bldg — 87' 51' Building height. Office Bldg — 80' 44' Support (4) Bank — 38' 2' Waiver Criteria: Section 78 -158 (1). Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. 1. The request is consistent with the city's comprehensive plan. 2. The request is consistent with the purpose and intent of this section. 3. The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally - sensitive lands, drainage and recharge areas, and coastal areas. 7. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no -cost dedication of rights -of -way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. Date Prepared: June 10, NO I Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 10 of 21 9. The request is not based solely or predominantly on economic reasons. 10. The request will be compatible with existing and potential land uses adjacent to the development site. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. Waiver Analysis: (1) Waiver from LDR Sec. 78 -320 requiring foundation landscaping for non - residential development around building perimeter areas. The code requires a minimum of five (5) feet in width, unless the foundation landscaping would interfere with the intended use and function of the building. Staff Analysis: The applicant has requested a waiver to the foundation landscaping requirement for the Hotel building and the Office building. The code requires that the foundation landscaping for non - residential buildings over one -story is 30% of the building height. While the buildings meet the minimum requirement on portion s of the building perimeter, they do not meet the requirement around the entire perimeter of the building, excluding the areas that function as access points to the buildings. The applicant has set aside 25.01 % open space on the proposed site plan, which is in excess of the required 10% required within non - residential development within a PCD. In addition to the enlarged open space, the applicant has also provided landscaping within the parking area in excess of the requirement for landscaping in vehicular areas. The applicant has exceeded code requirements for open space set asides by more than double the requirement. It is staff's opinion that the intent of the requirement has been satisfied; therefore, staff recommends APPROVAL of the requested waiver. (2) Waiver from LDR Sec. 78 -285 that limits the location of signage on a building to the area below the second floor line. Staff Analysis: Although the Code does not specifically limit the height of principal tenant signs, it has been staff's policy to limit the height of all signage to the first story unless otherwise approved by the City Council. Staff has reviewed the proposed location of the principal tenantibuilding ID sign and is of the opinion that the signage location is consistent with other signage recently approved in the City. Staff recommends APPROVAL of the waiver request. (3) Waiver from LDR Sec. 78 -285 that limits the number of signs for each building to one principal tenant sign. Staff Anal sy is: The applicant is requesting a waiver to the signage regulations in the Code, which limit buildings to one tenant sign that is set below the second floor line of the building. The applicant is requesting one additional sign for the office building (on the west elevation) and two additional signs for the hotel building (on the northwest and Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 11 of 21 southwest elevations). The applicant is providing the signage on the additional elevations • in order to provide visibility of the use in order to facilitate directing people and traffic flow to the development. (4) Waiver from LDR Sec. 78 -141 that limits the maximum height of a building to 36 feet. Sta Analysis: The applicant is requesting a waiver to the maximum height limitation of 36 feet for the hotel building (87 feet) and the office building (80 feet). The proposed building height provides that subject site with the opportunity to provide additional open space in the amount of an acre on site. Not only has the applicant provided the additional open space, they have also exceeded the landscaping points for the site and created an enhanced landscape plan for the vehicular parking area for the site. The proposed waivers are consistent with the Comprehensive plan and the intent of the Land Development Regulations. It furthers the City's goal to have improved amenities, enhanced landscape plans, and additional architectural design considerations for the three buildings. Staff supports these requested waivers because the applicant has demonstrated consistency with Section 78 -158 of the LDRs, Waivers to Planned Development District Requirements, which states, " The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The City Council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities.... are demonstrated. " In this case, the applicant has provided architectural • details and treatments and pedestrian amenities within the proposed project, which all provide important synergy to the Downtown at the Gardens and the lake plan. However, it is staff's professional opinion that a bridge should be provided that links the subject site to Downtown at the Gardens. This bridge will reflect a direct public benefit to be derived from the approval of the requested waivers. Overall, the proposed site plan has been enhanced through the use of waivers to the City's development standards, so that the values of the City are maintained through high standards for development. CONSISTENCY WITH SURROUNDING AREA The proposed residential development is consistent with the City's vision to create an urban downtown environment within the Regional Center DRI. The proposed plan will provide for transitional height from the adjacent office buildings to the south to the adjacent Landmark project, which consists of two 14 -story residential towers and one 17 -story tower. Gardens Pointe is also consistent with Downtown at the Gardens, which includes a mixture of uses consisting of retail, office, and entertainment, which are complimentary to the proposed hotel and office uses proposed for the Gardens Pointe site. The site plan has been designed so that pedestrians will be able to utilize the lake for activity and conveniently access Downtown at the Gardens. Furthermore, the proposed residential development is consistent with the surrounding PGA • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07- 02- 000003 Page 12 of 21 Boulevard Corridor, which includes a number of buildings (other than Landmark) that exceed the LDR height restriction. Specifically, the Grand Bank (70.25'), Good Samaritan Hospital (86'), the MacArthur Center Building/Bank One Building (65.83'), the UBS Paine Weber [a.k.a Medical Mall] (140'), Admiralty I (148'), and Gardens Plaza [a.k.a Merrill Lynch building] (137'). CONSISTENCY WITH THE COMPREHENSIVE PLAN It is staff's professional opinion that the proposed development is consistent with the overall intent of the goals, objectives, and policies of the City's Comprehensive Plan. Building .Height The subject site has a joint land -use designation of Professional Office (PO), as designated on the City's Future Land -Use Map, and office/hotel /community use, as indicated on Map "H" of the DRI/PCD. Under the future land -use element, the Professional/Office (PO) future land -use category limits the building height to 36 feet. The proposed project exceeds this height limitation. However, Policy 1.1.1.4. of the Comprehensive Plan states: Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. through d. omitted for brevity e. Through the PCDs flexibility, the City Council may grant waivers to the non- residential intensities described previously. f. omitted for brevity Since the future land -use designation is `non- residential', the policy provides the City Council the authority to waive the building height incorporated within the description of PO future land - use element. The applicant is requesting a waiver from this requirement, which is allowed by this policy. This policy is implemented by City Code Section 78 -158 (f), Table 20, which specifically allows the City Council to waive building height requirements. Please also note that City Code Section 78 -158 (d) includes regulations that may not be waived by the City Council and building height is not included. Site Plan & Design Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. • Late rrepareu: June 1V, wvI Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 13 of 21 is The site has been designed with sound planning principles, which minimize any impacts on the surrounding properties (i.e. Landmark, Gardens Mall, and Downtown @ the Gardens). The design of the site is consistent with the desired community character for this area of the City, which is an urban environment. Furthermore, the proposed non - residential uses invite pedestrian connectivity to Downtown @ the Gardens. It is staff's professional opinion that the proposed project is consistent with the Comprehensive Plan. OUTSTANDING ISSUE Staff strongly recommends that a pedestrian bridge be constructed to provide convenient access from the subject site to Downtown at the Gardens and the surrounding Lake Improvement Plan. Currently, a bridge is approved at the opposite end of the lake, which Landmark has funded. An additional bridge on the far side of the lake will increase the opportunities for pedestrian activity and create further interest in the City's urban core. Furthermore, this bridge would be a direct public benefit, which could be included as part of the waiver justifications. While the enhanced PPAE provides a park -like atmosphere for public use, the purpose of the bridge would be for a straight connection between the hotel and office employees and users to have convenient access to the Downtown at the Gardens site. The applicant indicates that the compatibility of the proposed uses to the adjacent commercial/ retail development would be • beneficial, so the direct connection would encourage the connectivity for those that do not necessarily desire a long a leisurely walk around the lake park. The bridge would provide a public benefit to the future users of the site and would provide for alternate access between the two sites that would become an amenity for the site. STAFF RECOMMENDATION Staff recommends approval of SPLA- 07 -02- 000003, with the requested waivers and the following conditions of approval: Planning & Zoning 1. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall include prominent language (18 -point in size & bold) and a graphic in the Property Owners' Association (POA) documents and in all sales documents subject to the Growth Management Administrator's review and approval, which identifies the location of the Perpetual Public Access Easement (PPAE) as being for public use. (Planning & Zoning) 2. Prior to the issuance of the first Certificate of Occupancy for the final building, the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the PPAE. The signs on the arbors shall face westward (towards the lake) and the sign adjacent to Kyoto Gardens Drive shall face 40 Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 14 of 21 southward, which clearly identifies the area to pedestrians as being for public use and • enjoyment. (Planning & Zoning) 3. Prior to the issuance of the first Certificate of Occupancy for final building, the Applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which is consistent to the one approved for Downtown at the Gardens. This directory sign shall include a color map of the entire lake plan, which indicates a "you are here" notation, all points of interest (benches /gazebos/bridges /plazas /underpasses /lake overlooks), and the boundaries of the PPAE. (Planning & Zoning) 4. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall complete the amenities parcel, including all landscaping and hardscape associated with said parcel. (Planning & Zoning) 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit the property owners' association documents for the City Attorney's and City Forester's review and approval. (Planning & Zoning, City Attorney) 6. The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of Occupancy for the second building, the applicable portion of said plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardscape, and the lake overlook plaza shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens 7. Prior to issuance of the first Certificate of Occupancy for the Hotel building , the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the homeowners' association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe HOA. 8. All windows and doors shall be hurricane impact resistant. 9. Prior to the issuance of the first building permit, the Applicant shall install a six -foot high construction fence with a dark green, black, or decorative privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage or advertising in accordance with Section 78 -290. (Planning & Zoning) 10. Prior to the issuance of the first Certificate of Occupancy for vertical construction, the Applicant shall construct the reconfigured median at Kyoto Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway beautification landscaping. (Planning & • care rrepareu: June iu, wv! Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 15 of 21 Zoning, City Forester) • City Forester 11. Prior to scheduling this petition for City Council, the applicant shall add decorative crosswalk paving to the landscape plan (Sheet LP -1) to be consistent with the Site Plan. 12. Prior to scheduling this petition for City Council, the applicant shall schedule a meeting with SUA and the City Forester to reposition or eliminate the proposed root barrier around the Medjol Date Palm located at the southern entrance median. 13. Prior to scheduling this petition for City Council, the applicant shall schedule a meeting with the City Engineer and City Forester to relocate or eliminate the proposed 20' lake maintenance access easement. 14. Prior to scheduling this petition for City Council, the applicant shall submit a landscape plan for the alternate parking garage. 15. Prior to the Certificate of Occupancy for the hotel, the gazebo and boardwalk shall be completed. 16. There entire offsite and on site lake plan, including the 20 -foot wide Perpetual Public Access Easement shall be completed prior to the Certificate of Occupancy for the office building. 17. There shall be a six -foot tall chain -link fence and fabric screen installed along the north , east and south sides of this site prior to any land alteration. 18. Prior to scheduling this petition for City Council, the applicant shall increase the landscape material along Kyoto Gardens and Fairchild Gardens buffers. 19. Prior to scheduling this petition for City Council, the applicant shall justify the setback waiver for the office, hotel and future parking garage or eliminate the need for said waiver. City Engineer 20. The Applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe until the issuance of the final Certificate of Occupancy. (City Engineer) 21. Prior to the commencement of construction for each building, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 16 of 21 0 22. Prior to the issuance of the first land alteration permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. The form of surety shall be as required by the City Attorney. (City Engineer) 23. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for all other on -site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 24. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 25. Prior to the issuance of the first land alteration permit, the Applicant shall submit all calculations and complete construction plans signed and sealed by an engineer licensed in the State of Florida. (City Engineer) 26. Prior to construction plan approval, the Applicant shall schedule a pre - permit meeting with City staff. (City Engineer) 27. Prior to the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) 28. The construction, operation, and /or maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of Gardens Pointe, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) 29. The Applicant shall provide a Boundary Plat before the issuance of the first Building Permit. The Applicant shall re -plat the site to include all easements and site encumbrances within 90 days of the issuance of the second Certificate of Occupancy. (City Engineer) • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 17 of 21 30. The Applicant shall submit, at its cost, an annual parking study to determine actual . parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand. This calculation will include an appropriate buffer between parking supply and demand as recommended by the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted between 6 and 12 months after the Certificates of Occupancy for the hotel has been issued. The parking study will be performed on an annual basis for a period of two (2) years (first study plus 2 additional studies). Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise methodology shall be agreed upon by both the Applicant and the City staff at the time the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Administrator. (City Engineer) 31. Should the parking study conclude that the available on -site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project that must include the construction of a parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit "D ". When the on -site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the • Applicant shall construct a parking garage to provide the parking required by the City Land Development Regulations based on the constructed usages and square footage with out the benefit of the shared parking analysis. (City Engineer) 32. The Parking Garage design shall be started within 30 days notification by the City after receipt of the failed parking study. The City shall be provided 30% and 90% design drawings for comment. All appropriate standards and our City LDR's shall be incorporated into the final design. Construction of the parking garage shall begin within 180 days of the City notification of the failed parking study. The date for completion of the Parking Garage shall be determined by the City Engineer. Should the parking garage not be completed on time, the occupancy of the hotel will be limited to 60% of the constructed rooms until the garage is completed. Documentation shall be made available to the Growth Management Administrator as and when requested to verify the limited occupancy. a. Prior to the issuance of any Certificate of Occupancy, the Applicant shall provide to the City in a form acceptable to the City Attorney, surety as necessary to secure 110% of the cost of construction of the parking garage. The City shall not release any surety provided by the Applicant for the parking garage for a period of five (4) years from the date the subject development receives a Certificate of Occupancy for the hotel. (Planning & Zoning) • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 18 of 21 33. The Applicant shall grant to the City a temporary construction easement 20 feet wider • than the proposed footprint of the parking garage, as reflected on the "Alternate Site Plan," Exhibit "D," attached hereto. Said easement shall be conveyed to the City by a separate instrument within thirty (30) days from the date the Certificate of Occupancy for the Hotel. 34. The City is constructing a traffic signal at Kyoto Gardens Drive and Lake Victoria Gardens Drive. The Applicant shall reimburse the City for their fair share of the cost of the signal. The Applicants share is to be determined by the City Engineer. Reimbursement of the costs shall be within 45 days of notice by the City Engineer or all inspections of work being performed on the site shall be suspended. Police Department 35. Metal halide lighting shall be used for all street, walkways, and parking garage lighting. (Police Department) 36. Lighting locations and building addresses shall not conflict with landscaping, including long -term tree canopy growth. All light poles on -site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) 37. Prior to the issuance of the first Certificate of Occupancy for each phase, all numerical • addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi- directional visibility from the roadway (when applicable), shall consist of 8" numbers in height, and shall be a different color than the color of the surface to which they are attached. The Applicant shall provide a document that reflects a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5" X I I" map format. (Police Department) 38. Prior to the issuance of a building permit for the garage, the Applicant shall submit a photometric plan that complies with Illumination Engineering Society of North America (IESNA) standards for the parking garage for the contingency parking plan, subject to review and approval by the City Engineer. (Police Department) 39. Prior to the issuance of the garage building permit, the Applicant shall develop a security plan for the parking garage, acceptable to the Police Department, which shall include pre- wiring for the installation of a high resolution low lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) 40. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA -07 -02- 000003 Page 19 of 21 Department. Non - compliance with the approved security and management plan may • result in a stop -work order for the site. (Police Department) 41. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install a video camera in all elevators, subject to the approved security plan. (Police Department) 42. Prior to the issuance of the building permit for the parking garage, the Applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department. (Police Department) Miscellaneous 43. The Applicant shall be required to notify the City's Public Works Division via fax at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City. In the case of a City right -of -way, the property owner has at least five working days to obtain a right -of -way permit. Right - of -way permits may be obtained at the Building Division. Failure to comply with this condition may result in a stop -work order of all work/construction activity within the public right -of -way and the subject site. (Public Works) 44. At no time shall stacking of construction and/or service vehicles occur in a public right- of-way. 45. Prior to the issuance of the first building permit for each building, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase. (GIS Division) 46. The Applicant shall, within 45 days of the date of this development order, enter into an agreement with the City to provide $500,000.00 funding for the creation and operation of a City transit program and /or for an affordable housing program. Such agreement shall be in a form acceptable to the City Attorney. (City Attorney) 47. The applicant shall provide a bridge connection to the west side of the lake bank from the subject site. The bridge shall be consistent in style and design to the approved bridge on the north end of the lake. (Planning & Zoning) 48. The applicant shall provide the same light fixtures on their site and within the P.P.A.E. that is provided on the Landmark site. (Development Compliance) • Date Prepared: June 10, 2007 Meeting Date: June 26, 2007 SPLA- 07- 02- 000003 Page 20 of 21 FT R�v" : �. Subject Property Vacant/Undeveloped Planned Community District (PCD) DRI/PCD North Landmark Residential Development Planned Community District (PCD) DRI/PCD (37.05 D.U. Per Acre) South Kyoto Gardens Drive, Viridian Office Building, Laser & Surgery Planned Community District (PCD) DRI/PCD Center East Fairchild Gardens Avenue, Gardens Planned Community District (PCD) DRI/PCD Mall West Lake Victoria, Downtown at the Planned Community District (PCD) DRI/PCD Gardens • • Late Yreparea: June IU, 2UU7 Meeting Date: June 26, 2007 SPLA- 07 -02- 000003 Page 21 of 21 ff J Site Zoning = PCD/PO 175 Hotel Rooms Yes 37,500 square feet Office 4,000 square feet Bank use Minimum Site Area: 6.64 Acres Yes 11,000 Square Feet Minimum Site Width: 590' Yes 100' Maximum Building Height: Hotel - 87' No- waiver requested 36' Office - 80' Bank - 38' Maximum Lot Coverage: 14.27% Yes 35% Front Setback: 85.20' Yes 50' Rear Setback: 84.68' Yes 15' Side Setback: 25.1' Yes 15' Side Street Setback: 51.56' Yes 40' Minimum Parking Spaces: 324 Yes 321 (Shared Parkin Minimum Landscape Points: 15,969 points Yes 10,128 Minimum Required Open Space: 10% 25.01% Yes CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Planning, Zoning, and Appeals Board of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on June 26, 2007, at 6:30 p.m., or as soon thereafter as can be heard, at the City Hall Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: Petition SPLA -07 -02 -000003: Gardens Pointe Public Hearing and Recommendation to City Council: Dodi Buckmaster Glas of Gentile Holloway O'Mahoney and Associates, Inc., on behalf of Gardens Pointe Development, LLC, is requesting approval for Gardens Pointe. This request is a site plan amendment application for a 6.64 -acre parcel 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). The proposed development consists of a 175 -room, six (6) story hotel; a four (4) story 37,500 square -foot office building and a one (1) story 4,000 square -foot out parcel bank. is All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinances and Resolution may be inspected by the public in the Growth Management Department (561- 799 -4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:00 a.m. — 5 :00 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the Planning, Zoning, and Appeals Board with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 - 955 -8771 (TDD) or 800 - 955 -8770 (VOICE). Kara Irwin, Growth Management Administrator Publication Date: Friday, June 15, 2007 • CJ Date Prepared: March 30, 2006 1 RESOLUTION 44, 2006 •2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR 214 6 RESIDENTIAL CONDOMINIUM HIGH -RISE UNITS WITHIN TWO 7 TWELVE -STORY TOWERS AND 26 TOWNHOUSE UNITS ON A 6.64- 8 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF KYOTO 9 GARDENS DRIVE AND FAIRCHILD GARDENS AVENUE WITHIN THE 10 REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS 11 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR 12 CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AMENDING 13 THE MACARTHUR CENTER SIGNAGE PROGRAM (RESOLUTION 64, 14 1998); AND PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, the City Council, as the governing body of the City of Palm Beach 18 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 19 Statutes, and the City's Land Development Regulations, is authorized and empowered to 20 consider petitions related to zoning and land development orders; and 21 22 WHEREAS, the City received petition SP -05 -01 from Gentile, Holloway, and 23 O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential *14t condominium high -rise units, within two twelve -story towers, and 26 townhouse units on an approximately 6.64 -acre site located at the northwest corner of Kyoto Gardens Drive and 26 Fairchild Gardens Avenue, as more particularly described herein; and 27 28 WHEREAS, on March 14, 2006, the Planning, Zoning, and Appeals Board reviewed 29 the subject petition and recommended approval by a vote of 7 -0; and 30 31 WHEREAS, the City Council has considered the evidence and testimony presented 32 by the Applicant and other interested parties and the recommendations of the various City 33 of Palm Beach Gardens review agencies and staff; and 34 35 WHEREAS, the City Council has deemed approval of this Resolution to be in the 36 best interest of the citizens and residents of the City of Palm Beach Gardens. 37 38 WHEREAS, the City Council has determined that this Resolution is consistent with 39 the City's Comprehensive Plan based on the following findings of fact: 40 41 1. The subject site is designated on the City's Future Land Use Map as 42 Professional Office (PO) / Development of Regional Impact (DRI) and Planned 43 Community District (PCD). This parcel is hereby converted from 44 office /hotel /community use to multi - family residential use on the master land - 45 use plan (Map H) with this site plan approval. 46 LJ Date Prepared: March 30, 2006 Resolution 44, 2006 1 2. The 240 residential units are vested with the Regional Center Development of •2 Regional Impact (DRI) through NOPC number 10. 3 4 3. Consistent with Policy 1.1.1.4 of the Comprehensive Plan, the overall 5 residential density of the Planned Community District (PCD) is consistent with 6 the land -use designation of the area. 7 8 4. Consistent with Policy 1.1.1.4 (e) of the Comprehensive Plan, the City Council 9 is authorized to grant intensity waivers through the flexibility of Planned 10 Community Districts. 11 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF PALM BEACH GARDENS, FLORIDA that: 15 16 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 17 18 SECTION 2. The site plan for Gentile, Holloway, and O'Mahoney, agent for Gardens 19 Pointe LLC, is hereby APPROVED on the following described real property, to permit 214 20 high -rise residential condominiums and 26 townhouse units on an approximately 6.64 -acre 21 site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, 22 subject to the conditions of approval contained herein, which are in addition to the general 23 requirements otherwise provided by ordinance: 24 5 LEGAL DESCRIPTION 06 27 PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF REGIONAL 28 CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT TRACT 3 -B, AS 29 RECORDED IN PLAT BOOK 90, PAGES 199 -201, PUBLIC RECORDS OF PALM BEACH 30 COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 31 32 BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT 33 BEING THE POINT OF BEGINNING; THENCE N46 002'07 "W ALONG THE WEST LINE 34 OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE N01 005'24 "E ALONG 35 SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42 008'02 "E ALONG SAID 36 WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44 °02'28 "E, A DISTANCE OF 37 174.91 FEET; THENCE S88 °34'59 "E, A DISTANCE OF 301.16 FEET TO A POINT ON 38 THE EAST LINE OF SAID PARCEL 27.13; THENCE S01 025'01 "W ALONG THE EAST 39 LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF 441.53 FEET TO A POINT 40 OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 41 570.87 FEET AND A CENTRAL ANGLE OF 04 °15'01 "; THENCE SOUTHERLY ALONG 42 THE ARC OF SAID CURVE, A DISTANCE OF 42.34 FEET; THENCE S38 018'32 "W, A 43 DISTANCE OF 32.90 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 27.09; 44 THENCE S79 027'03 "W ALONG SAID SOUTH LINE, A DISTANCE OF 128.36 FEET TO A 45 POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH OF WHICH THE 46 RADIUS POINT LIES S10 032'57 "E, A RADIAL DISTANCE OF 575.87 FEET AND A 0 2 Date Prepared: March 30, 2006 Resolution 44, 2006 1 CENTRAL ANGLE OF 19 °30'20 "; THENCE SOUTHWESTERLY ALONG THE ARC OF • 2 SAID CURVE, A DISTANCE OF 196.05 FEET; THENCE S59 °56'43 "W, A DISTANCE OF 3 98.13 FEET TO THE POINT OF BEGINNING. 4 5 CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS. 6 7 Planning & Zoning 8 9 1. Prior to the issuance of the first Certificate of Occupancy for the sales trailer, 10 the Applicant shall include prominent language (18 -point in size & bold) and a 11 graphic in the homeowners' association documents and in all sales documents 12 subject to the Growth Management Administrator's review and approval, which 13 identifies the location of the Perpetual Public Access Easement (PPAE) as 14 being for public use and not an extension of the private residential units. The 15 homeowners' association documents and sales documents shall be submitted 16 to the City prior to the issuance of the first building permit for the sales trailer. 17 The Applicant shall also post a clearly visible four -foot by four -foot sign outside 18 of the sales center, which depicts a graphic of the PPAE, states its public 19 purpose and its close proximity to the residential units. (Planning & Zoning) 20 21 2. Prior to the issuance of the first Certificate of Occupancy for Phase II, the 22 Applicant shall install one decorative sign on each arbor bench feature, the 23 lake overlook, and one adjacent to Kyoto Gardens Drive within the PPAE. The 4 signs on the arbors shall face westward (towards the lake) and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identifies 6 the area to pedestrians as being for public use and enjoyment. (Planning & 27 Zoning) 28 29 3. Prior to the issuance of the first Certificate of Occupancy for Phase II, the 30 Applicant shall install a map directory sign of the lake plan within the PPAE 31 adjacent to the lake, which is consistent to the one approved for Downtown at 32 the Gardens. This directory sign shall include a color map of the entire lake 33 plan, which indicates a "you are here" notation, all points of interest 34 ( benches /gazebos/ bridges /plazas /underpasses /lake overlooks), and the 35 boundaries of the PPAE. (Planning & Zoning) 36 37 4. Prior to the issuance of the first residential Certificate of Occupancy, the 38 Applicant shall complete the amenities parcel, including all landscaping and 39 hardscape associated with said parcel. (Planning & Zoning) 40 41 5. The Applicant shall provide written disclosure to all future potential homebuyers 42 that the amenities parcel, including landscaping, shall be completed prior to the 43 issuance of the first residential Certificate of Occupancy, and that the City shall 44 cease issuing building permits after that date if it is not complete. The form of 45 such disclosure shall be approved by the City Attorney prior to issuance of the 46 first building permit. (Planning & Zoning, City Attorney) 0 3 Date Prepared: March 30, 2006 Resolution 44, 2006 1 6. The HOA documents shall include language that prohibits outdoor storage, is 2 including towels and clothes, on the balconies of each residential unit. 3 (Planning & Zoning) 4 10. 5 7. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 6 submit the homeowners' association documents for the City Attorney's and City 7 Forester's review and approval. (Planning & Zoning, City Attorney) 8 30 9 8. The Applicant shall have the sole responsibility of implementing and installing the 10 applicable portion of the Lake Improvement Plan as reflected on the Lake Area 11 Exhibit approved by Resolution 120, 2005. Prior to the Issuance of the first 12 Certificate of Occupancy for Phase 11, the applicable portion of said plan, 13 including all amenities, shall be fully completed and installed, as approved by the 14 City Council, as reflected on the approved Gardens Pointe plans. All hardscape 15 elements, which include benches, arbors, pathways, hardscape, and the lake 16 overlook plaza shall be consistent in design with the lake plan elements 17 approved by the City Council for Downtown at the Gardens. (Planning & Zoning) 18 Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway 19 9. Prior to issuance of the first Certificate of Occupancy for Phase II, the 20 Applicant shall install the lake overlook plaza as reflected on the approved site 21 and landscape plans. The Applicant shall also include language in the 22 homeowners' association documents that requires the maintenance of this 23 overlook and lake plan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe HOA. 5 404 26 (Planning & Zoning) 27 10. All windows and doors shall be hurricane impact resistant. (Planning & Zoning). 28 29 11. Prior to the issuance of the first building permit, the Applicant shall install a six - 30 foot high construction fence with a dark green, black, or decorative privacy tarp 31 around the perimeter of the subject property. The privacy tarp shall not include 32 signage or advertising in accordance with Section 78 -290. (Planning & Zoning) 33 34 12. Prior to the issuance of the first Certificate of Occupancy for vertical 35 construction, the Applicant shall construct the reconfigured median at Kyoto 36 Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway 37 beautification landscaping. (Planning & Zoning, City Forester) 38 39 13. The Applicant shall cease operation of the sales trailer 33 months after the 40 issuance of the building permit for said sales trailer. (Planning & Zoning) 41 42 City Forester 43 44 14. Prior to the issuance of the first Certificate of Occupancy for each phase, the 45 Applicant shall install the applicable buffer in each phase, as reflected on Sheet 46 C -19. (City Forester) • 4 Date Prepared: March 30, 2006 Resolution 44, 2006 • 5 15. Prior to the issuance of the building permit for the sales trailer, the Applicant •1 2 26 shall submit a revised landscape that reflects a 30 -inch Eugenia Rhombea 3 20. Prior to the issuance of the first land alteration permit, the Applicant shall provide hedge along the west fagade of the sales trailer. (City Forester) 4 29 based on a cost estimate that is signed and sealed by an engineer and 5 City Engineer 6 on 110% of the total combined approved cost estimates and shall be posted with 32 7 16. Prior to the issuance of the first land alteration permit, the Applicant shall provide 8 21. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) 9 36 infrastructure, landscaping, and irrigation costs. The cost estimate shall be 10 17. Within 12 months from a warrant analysis concluding that a traffic signal is 11 39 needed at the intersection of Kyoto Gardens Drive and Lake Victoria Gardens 12 Avenue, the Applicant shall install a traffic signal and all Palm Beach County and 13 42 City required roadway improvements at said intersection. The City shall 14 requirements for construction activities. (City Engineer) reimburse the Applicant to the extent it collects pro -rata costs from other 15 45 developments. If this signal is not installed within 12 months from the date of the 16 signal being warranted, the City shall cease issuing permits, Certificates of 17 Occupancies, and conducting inspections. (City Engineer) 18 19 18. The Applicant shall provide the City Engineer with copies of all correspondences 20 to and from regulatory agencies regarding issues on the Gardens Pointe. (City 21 Engineer) 22 23 19. Prior to the commencement of construction for each phase, the Applicant shall • 5 provide all necessary construction zone signage and fencing as required by the 4w City Engineer. (City Engineer) 26 27 20. Prior to the issuance of the first land alteration permit, the Applicant shall provide 28 surety for public infrastructure, landscaping, and irrigation. The surety shall be 29 based on a cost estimate that is signed and sealed by an engineer and 30 landscape architect licensed in the State of Florida. The surety shall be based 31 on 110% of the total combined approved cost estimates and shall be posted with 32 the City prior to the issuance of the first building permit. (City Engineer) 33 34 21. Prior to the issuance of the first land alteration permit, the Applicant shall provide 35 a cost estimate for all other on -site improvements which do not include public 36 infrastructure, landscaping, and irrigation costs. The cost estimate shall be 37 signed and sealed by an engineer licensed in the State of Florida and shall be 38 posted with the City prior to the issuance of the first building permit. (City 39 Engineer) 40 41 22. The Applicant shall comply with all Federal Environmental Protection Agency 42 and State of Florida Department of Environmental Protection permit 43 requirements for construction activities. (City Engineer) 44 45 46 • 5 Date Prepared: March 30, 2006 Resolution 44, 2006 4 23. Prior to the issuance of the first land alteration permit, the Applicant shall submit •1 2 26 signed and sealed construction plans with all calculations by an engineer 3 licensed in the State of Florida. (City Engineer) 4 29 of credit for the model unit in the amount of one -third (1/3) the construction 5 24. Prior to construction plan approval, the Applicant shall schedule a pre - permit 6 32 meeting with City staff. (City Engineer) 7 29. No access by the general public shall be allowed to the model home or sales 34 8 25. Prior to the issuance of the first land alteration permit, the Applicant shall provide 9 a paving, grading, and drainage plan along with surface water management 10 38 calculations and hydraulic pipe calculations for City review and approval. The 11 changes to the model due to the eventual plat recordation is the sole paving, grading, and drainage plan and calculations shall be signed and sealed 12 41 by an engineer licensed in the State of Florida. (City Engineer) 13 31. Prior to the issuance of the first Certificate of Occupancy for the model and 43 14 26. Prior to the issuance of the first land alteration permit, the Applicant shall provide 15 fire /emergency access, both of which shall be approved by the City Engineer a letter of authorization from the utility companies allowing landscaping within 16 • their easements. (City Engineer) 17 6 18 27. The construction, operation, and/or maintenance of any elements of Gardens 19 Pointe shall not negatively impact the existing drainage of the surrounding areas. 20 If at any time during development it is determined by City staff that any of the 21 surrounding areas are experiencing negative drainage impacts caused by the 22 development of Gardens Pointe, it shall be the Applicant's responsibility to 23 resolve said impacts in a period of time and a manner acceptable to the City. If 4 said impacts are not remedied in a time period and manner acceptable to the 0 5 City, the City may cease issuing building permits and /or Certificates of 26 Occupancy until all drainage concerns are resolved. (City Engineer) 27 28 28. Prior to the issuance of the first building permit, the Applicant shall post a letter 29 of credit for the model unit in the amount of one -third (1/3) the construction 30 cost for the purposes of demolition and lien protection, to be determined by the 31 City Engineer, to remain in effect until the plat is recorded. (City Engineer) 32 33 29. No access by the general public shall be allowed to the model home or sales 34 trailer until the Certificate of Completions are issued for either building. (City 35 Engineer, Code Enforcement) 36 37 30. The Applicant acknowledges that the waiver granted from the platting 38 requirement is at the Applicant's risk and that any potential construction 39 changes to the model due to the eventual plat recordation is the sole 40 responsibility of the Applicant. (City Engineer) 41 42 31. Prior to the issuance of the first Certificate of Occupancy for the model and 43 sales trailer, the Applicant shall construct accessible and operational fire 44 hydrants and a stabilized road base, subject to City standards, for 45 fire /emergency access, both of which shall be approved by the City Engineer 46 and Fire Department. (City Engineering, Fire Department) • 6 Date Prepared: March 30, 2006 Resolution 44, 2006 •1 2 Police Department 6 3 32. Metal halide lighting shall be used for all street, walkways, and parking garage 4 Department) lighting. (Police Department) 5 30 37. Prior to the issuance of the last Certificate of Occupancy for each phase, the 6 33. Lighting locations and building addresses shall not conflict with landscaping, 7 33 including long -term tree canopy growth. All light poles on -site shall not exceed 8 of locking mechanism; all residential and parking garage entry/exit doors have a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. 9 36 (Police Department) 10 hinges on the interior side of each residential entry/exit door; solid core interior 38 11 34. Prior to the issuance of the first Certificate of Occupancy for each phase, all 12 otherwise approved by the Police Department. (Police Department) numerical addresses shall be placed at the front of each building. Each 13 42 numerical address shall be illuminated for nighttime visibility, shall provide bi- 14 photometric plan that complies with Illumination Engineering Society of North directional visibility from the roadway (when applicable), shall consist of 8" 15 45 numbers in height, and shall be a different color than the color of the surface to 16 which they are attached. The Applicant shall provide a document that reflects a 17 street address system depicting street names and numerical addresses for 18 emergency response purposes. Address system depiction shall be in 8.5" X 11" 19 map format. (Police Department) 20 21 35. Prior to the issuance of the first Certificate of Occupancy for each phase, the 22 Applicant shall provide a timer clock or photocell sensor engaged lighting 23 above or near townhouse entryways and adjacent sidewalks. (Police 40-25 4 Department) 6 36. Prior to the issuance of the first Certificate of Occupancy for each phase, all 27 mailbox locations shall be approved by the Police Department. (Police 28 Department) 29 30 37. Prior to the issuance of the last Certificate of Occupancy for each phase, the 31 Applicant shall submit documentation that all residential units have been target 32 hardened to include pre- wiring for an alarm system; all residential and parking 33 garage entry/exit doors have been equipped with a metal plate over threshold 34 of locking mechanism; all residential and parking garage entry/exit doors have 35 180 degree peephole viewers; case hardened deadbolt locks on all residential 36 and parking garage entry/exit doors with a minimum one -inch throw; security 37 hinges on the interior side of each residential entry/exit door; solid core interior 38 door leading into the garage from the residence have been equipped with a 39 single cylinder dead bolt lock; all elevators have video cameras, unless 40 otherwise approved by the Police Department. (Police Department) 41 42 38. Prior to the issuance of a building permit, the Applicant shall submit a 43 photometric plan that complies with Illumination Engineering Society of North 44 America (IESNA) standards for both parking garages, subject to review and 45 approval by the City Engineer. (Police Department) 46 is Date Prepared: March 30, 2006 Resolution 44, 2006 1 39. Prior to the issuance of the first Certificate of Occupancy for each tower, the is 2 Applicant shall provide documentation that an access control system, utilizing 3 a key pad or card system, has been installed for all elevator, stairwell, entry, 4 and exits doors within the parking garage. (Police Department) 5 6 40. Prior to the issuance of the first Certificate of Occupancy for each tower, the 7 Police Department shall approve the location of signs and graphics indicating 8 exits, stairs, and elevators within the parking garage. (Police Department) 9 10 41. Prior to the issuance of the first building permit, the Applicant shall develop a 11 security plan for the parking garage, acceptable to the Police Department, 12 which shall include pre - wiring for the installation of a high resolution low lux 13 color digital video system, with monitoring and photo processing picture or 14 video printout capabilities. (Police Department) 15 16 42. Prior to the issuance of the first Certificate of Occupancy for each tower, the 17 Applicant shall install convex mirrors in the stairwells and in all elevators in 18 locations approved by the Police Department. (Police Department) 19 20 43. Prior to the issuance of the first building permit, the Applicant shall submit a 21 construction site security and management plan for review and approval by the 22 Police Department. Non - compliance with the approved security and 23 management plan may result in a stop -work order for the site. (Police 464 Department) 5 26 44. Prior to the issuance of the first Certificate of Occupancy for each phase, the 27 Applicant shall install a video camera in all elevators, subject to the approved 28 security plan. (Police Department) 29 30 45. The clubhouse building and sales center shall be pre -wired for an alarm system 31 and access to the clubhouse and pool area shall be restricted through the use of 32 a key or security card. (Police Department) 33 34 46. Prior to the issuance of the first building permit for each parking garage, the 35 Applicant shall install a direct ring emergency telephone on each parking garage 36 level, with the locations and connection system determined and approved by the 37 Police Department. (Police Department) 38 39 Miscellaneous 40 41 47. Prior to the issuance of the first building permit for each phase, digital files of the 42 approved plat shall be submitted to the Planning and Zoning Division, and 43 approved civil design and architectural drawings, including floor plans, shall be 44 submitted prior to the issuance of the first Certificate of Occupancy for each 45 phase. (GIS Manager, Development Compliance Officer) W. • Date Prepared: March 30, 2006 Resolution 44, 2006 1 48. At no time shall stacking of construction and /or service vehicles occur in a public • 2 right -of -way. (Planning & Zoning) 3 4 49. The Applicant shall be required to notify the City's Public Works Division via 5 fax at least 10 working days prior to the commencement of any 6 work/construction activity within any public right -of -way within the City. In the 7 case of a City right -of -way, the property owner has at least five working days to 8 obtain a right -of -way permit. Right -of -way permits may be obtained at the 9 Building Division. Failure to comply with this condition may result in a stop - 10 work order of all work/construction activity within the public right -of -way and the 11 subject site. (Public Works) 12 13 50. The Applicant shall, within 45 days of the date of this development order, enter 14 into an agreement with the City to provide $500,000.00 funding for the creation 15 and operation of a City transit program and /or for an affordable housing 16 program. Such agreement shall be in a form acceptable to the City Attorney. 17 (City Attorney) 18 19 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 20 approves the following ten (10) waivers; 21 22 1. Section 78 -184, Height of Buildings, to allow for a building height of 140' for 23 two residential condominium buildings. 24 02, 5 2. Section 78- 344(1) (b), Parking Stall Width, to allow for garage parking spaces 6 to utilize a 9.5 -foot width. 27 28 3. Section 78 -142, Residential High Zoning District Setbacks — Front Setback 29 adjacent to Kyoto Gardens Drive, to allow for a front setback of 64 feet for the 30 south tower. 31 32 4. Section 78 -142, Residential High Zoning District Setbacks — Front Setback 33 adjacent to Fairchild Gardens Avenue, to allow for a front setback of 40 feet for 34 the north tower. 35 36 5, Section 78 -142, Residential High Zoning District Setbacks — Side Setback, to 37 allow for a side setback of 27 feet for the north tower and 23 feet for the south 38 tower. 39 40 6. Section 78 -142, Residential High Zoning District Setbacks — Rear Setback, to 41 allow for a rear setback of 20 feet for the north tower. 42 43 7. Section 78 -285, Permitted Signs — Table 24, to allow for a sign on each side of 44 the entry features. 45 46 • Date Prepared: March 30, 2006 Resolution 44, 2006 1 8. Section 78 -285, Permitted Signs, to allow for the main entrance sign to have •2 five feet of landscaping. 3 4 9. Section 78 -441 (c), General Application Procedures, to allow for a building 5 permit for the sales trailer and one dry townhouse model prior to plat approval. 6 7 10. Section 78 -182 (f), Illumination of Uses and Buildings, to allow for 91.5 -foot 8 candies within the parking garage consistent with IESNA standards. 9 10 SECTION 4. This site plan approval shall be in compliance with the following plans 11 on file with the City's Growth Management Department: 12 13 1. Site Plans, Sheets C -3 through C -7, Craven, Thompson, and Associates, 14 March 23, 2006, received by the City of Palm Beach Gardens on March 24, 15 2006. 16 17 2. Site Phasing Plan and Sales Trailer Site Plan, Sheets C -19 and C -20, Craven 18 Thompson, and Associates, March 23, 2006, received by the City of Palm 19 Beach Gardens on March 24, 2006. 20 21 3. Site Landscape Plans and Sales Trailer Landscape Plan, Sheets LP -1 through 22 LP -7, and SC -1, Intuitive Design Group, March 23, 2006, received by the City 23 of Palm Beach Gardens on March 24, 2006. 64 4. Architectural Elevations, Roof Plans, Floor Plans: Sheets AN- 2.1.1, AN- 2.2.1, 26 AN- 2.3.1, AN- 2.4.1, AN- 2.5.1, AN- 2.6.1, AN- 2.7.1, AN- 2.8.1, AN- 2.9.1, AN- 27 2.10.1, AS- 2.1.1, AS- 2.2.1, AS- 2.3.1, AS- 2.4.1, AS- 2.5.1, AS- 2.6.1, AS- 2.7.1, 28 AS- 2.8.1, AS- 2.9.1, AS- 2.10.1, C- 2.1.1, C- 2.2.1, C- 3.1.1, AF- 2.1.1, AF- 2.2.1, 29 AF- 3.1.1, ACI Architectural Group Inc., March 1, 2006, received by the City of 30 Palm Beach Gardens on March 1, 2006, and Sheets AN- 3.1.1, AN- 3.1.2, AS- 31 3.1.1, and AS- 3.1.2, ACI Architectural Group Inc., March 24, 2006, received by 32 the City of Palm Beach Gardens on March 24, 2006 33 34 5. Site and Garage Photometric Plans, Sheets P -1, PN -1 through PN -3, PS -1 35 through PS -3, ACI Architectural Group Inc., March 1, 2006, received by the 36 City of Palm Beach Gardens March 1, 2006; and Sales Trailer Photometric 37 Plan, Sheet ESC -100, ACI Architectural Group Inc., March 23, 2006, received 38 by the City of Palm Beach Gardens on March 28, 2006. 39 40 6. Survey, Lidberg Land Surveying, Inc., July 30, 2004, received by the City of 41 Palm Beach Gardens on March 24, 2006. 42 43 7. Gardens Pointe Plaza Overlook and Arbor /Bench elevations, Intuitive Design 44 Group, March 31, 2006, received by the City of Palm Beach Gardens on 45 March 31, 2006. 46 0 10 1 s2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 4 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 r J1 J Date Prepared: March 30, 2006 Resolution 44, 2006 SECTION 5. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this jjr day of LOyI , 2006. ATTEST: BY: 4�.) Patricia Side , CNIC, City C erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE CITY OF PALM W AYE NAY ABSENT r f G: \attorney_share \RESOLUTIONS \Gardens Pointe- reso 44 2006.doc 11 , Mayor RIDA • RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REALLOCATE THE ACREAGE OF PARCEL 7 TO PARCEL 21N EXCHANGE FOR OTHER CONSIDERATION SPECIFIED AT THE PUBLIC HEARING AND AGREED TO BY THE APPLICANT, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND -USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY • OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, . Florida Statutes; Revised on: March 14, 2002 Resolution 81, 2001 • • These proposed amendments to the Development Order and the Master Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and • The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999, as amended by Resolution 25, 2000 and Resolution 36, 2001, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City's Planning & Zoning Division files and • attached hereto as an Exhibit and incorporated herein by reference, is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. B. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, reallocate the acreage of Parcel 7 to Parcel 2 in exchange for other consideration specified at the public hearing and agreed to by the applicant, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #1of Resolution 96, 1999, to establish and adopt a land -use conversion matrix, conditions and approved land -use activities for the Neighborhood Commercial parcel, and general design and land -use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits "H," "A," "B," and "C" and Diagrams 1 and 2 attached hereto. Revised on: March 14, 2002 Resolution 81, 2001 . SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. • This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF ARc rt , 2002. ATTEST: BY: CITY;CLER lJ APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 3 IT ATTORNEY • VOTE MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Ta1al /DRI- PCD- 00- 01- cc -res • AYE NAY ABSENT Prepared on: March 6, 2002 Resolution 81, 2001 • EXHIBIT A TO RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 1. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and H and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. 1 Notwithstanding anything to the contrary in the Application for Development Approval ( "ADD") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office/Hotel (1), Office/Hotel/Community uses (2), or Research/Office/ Service Community Uses (3); provided the total square footages for uses gfe Consistent with the Conversiar Rates below and dg not exceed env Of in the Range of 1�4artifneurf Floor Space Allocations on Exhibit H and restated below are feet erteeeded; and provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the locations) of the Major Road Systems as shown on Exhibit H, except that the final configuration of Victoria Gardens Boulevard (north of Kyoto Gardens and south of Gardens Parkway, with intersections to retrain as established by Exhibit Hl shall be determined during the site Rlan review process and provided fiut er that if the Conversions Rates below are used for the development of retail, said irttail devel9pment shall occur only y n the propgrty located south of Gardens Parkway, north of Kyoto Gardens Drive eat of Alt, Al A. and west of the water management tract Fuser any such retail development shall be reqmired to gcur is substantial conformity with Exhibit C and Diag ems l and 2 of Resolution 81 -2001. Any site plan approval by the City shall be deemed copsislent with Map H and Exbibit C to Resolution 81 -2001 Conversions shall be lima d to pq%els Identified on the DRI Master Plan Exhibit H with a plus symbol ( " + ") No conversions or site plan shall be flnally approved by the City Council until the City Council apprgves the park improvements as described in item 8 of Exhibit C The park improvements plan noayproceed simultaneously with the consideration of a coaversion and a site plan. T—h remaining 25,000 square feet of retail approved by Resolution 25.2000 shall be located on property south of Gardens_ Parkway, north of Kyoto de vo east of Alt. AIA and west of the water management-tract identified 0 n Rzhihit 14 with an unfilled mteriak svmbol " 0 " 1 PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To Intensity R & D Office lsf. Retail 0.435 sf Hotel I room Retail 248.742 sf Business Office 1 Sr. ROM' 0.545 sf Hotel I loom Business Office 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES MINiM1JM MAXIMUM Neighborhood Commercial 26,000s 26 000 sf Regional RetailAestatuant. Cinema 1,440,000s 16-40-000 f Office - Business 1,123 287 sf 1 210,000 sf Office - Research Serivice 3� 4`40 sf 2 2 0 f ore 118 rooms/100,300 sP 449 rooms/381 650 sf` Residential 1.8 13 du/1,813,000 sf! 1,813 du/1.813,000 sf TOTAL 4,576 027 sf —L M115-0 50 sf 'Square rootage numbers are established as an estimate and may vary from actual development. Room/unit cowsts will be the actual determinate of the use for both Hotel and Residential Cate pries. All conversions require approval of the City Council through the site plan review process. Any conversions of land uses pursuant to the Conversion Rates above will include a wrilten notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast • Regional Planning Council upon the filing of a development application with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. Wds ---WOL nCOMhtONVobsVtcgimialCmmsDRli21 .12\docondiiion Imviscd022902. ryd LCC33 EXHIBIT B TO RESOLUTION 812001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Iee Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty' Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station Personal Services • Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate AIA. 4. Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). \ \Uds_strvcr\VOL 1 \ COMMONV obsU tcgicmICcnitrDR1 127.12\NcighbmhoodCommacialUscsf 022502.wpd LCC35 EXHIBIT C TO RESOLUTION 812001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: 1. Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. 2. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free - standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. 3. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free- standing fast food restaurants and free - standing pharmacies /drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. 4. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. 5. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as • approved by the City Council through the site planning process. 6. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. 7. A building permit for a stadium seating multi- screen theater, no less than 55,000 square feet and no less than 2600 seats, shall be included within the first 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. 8. The Victoria Gardens Boulevard extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building pen-nit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that create a unified sense of place for the entire park area as defined by Exhibit H, the DRJ Master Plan. Common themed materials (color, logo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens , and Gardens Parkway and San Cristobal/Fairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20 -acre park function and purpose. The signage program shall be designed to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational • amenities and directing the public to the location of the accessible park area. \ \Uds server\ VOL)\ COMMOMobs\ RegionalCenterDRA 27. I2\ RetailconversionExC .Reso8l2001.revised.022802Lwpd LCC75 e �0 • C) o � O n _ R O � O C d N � o re b o C H Z G u O ~ I a' z TT > b > � M i 'm a 7pe- r� '> * x * � n * * * * O * * C * i a > m � Y r. �O O m 3 � \\ 1 N \ 1I 1 rn --i 1 n 1 n I Ih I 1 FAIRCHILD GARDENS AVE. GARDENS MALL CD •(IQ O � O p Oo H N O � O e �0 • C) o � O n _ R O � O C d N � o re b o C H Z G u O ~ I a' z TT > b > � M i 'm a 7pe- r� '> * x * � n * * * * O * * C * i a > m � Y r. �O O m 3 � \\ 1 N \ 1I 1 rn --i 1 n 1 n I Ih I 1 FAIRCHILD GARDENS AVE. GARDENS MALL • 0 • vai IC CD c D n d• a� CD 00 0 O vai IC Prepared: April 27, 2004 1 RESOLUTION 105, 2004 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING RESOLUTION 96, 1999, 6 THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR 7 THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT 8 (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); 9 AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR 10 MODIFICATIONS TO THE CONVERSION MATRIX TO ALLOW THE I 1 CONVERSION OF HOTEL ROOMS AND BUSINESS AND RESEARCH 12 OFFICE TO NO MORE THAN 238 MULTI- FAMILY RESIDENTIAL 13 UNITS ON PARCEL 27.09 AND TO MODIFY THE ESTABLISHED 14 MINIMUM THRESHOLDS FOR THESE USES WITHIN THE DRI/PCD; 15 AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS 16 RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY 17 AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, 18 PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY 19 OWNER'S ASSOCIATION, INC., AND THE MALL RESIDENCE HOTEL, 20 LLC; AND PROVIDING AN EFFECTIVE DATE. 21 22 WHEREAS, the City Council has received an application from The Mall Residence 23 Hotel LLC to adopt an amended Master Plan and Development Order of the Regional �4 Center; and 5 26 WHEREAS, the Planning and Zoning Commission has reviewed the Development 27 Application and has recommended approval of the proposed amendments; and 28 29 WHEREAS, the City Council has reviewed and considered the Development 30 Application, the Proposed DRI Development Order, the proposed amendments, the 31 proposed Master Plan, the recommendation of the Planning and Zoning Commission, and 32 such other information and testimony presented to it with regard to this Application; and 33 34 WHEREAS, the City Council has held a public hearing on this matter and makes the 35 following findings of fact and conclusions of law, based upon substantial, competent 36 evidence: 37 38 1. These proposed amendments and additions to the PCD, Development Order, 39 and Master Plan are consistent with the Comprehensive Plan of the State of 40 Florida and Chapter 380, Florida Statutes. 41 42 2. These proposed amendments to the Development Order and the Master Plan 43 do not constitute "substantial deviations" from the terms of the Development 44 Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this 45 application does not require further development of regional impact review. 46 U Date Prepared: April 27, 2004 Resolution 105, 2004 1 3. The amendment and additions to the PCD, Development Order, and the Master •2 Plan are consistent with the Comprehensive Plan and the Land Development 3 Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96,1999, as amended by subsequent resolutions, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City's Planning & Zoning Division files and attached hereto as "Proposed Exhibit H —The Regional Center, Proposed NOPC 11.03.03" is adopted as the official Master Plan for the Regional Center DRI B. The Master Plan is specifically revised to amend the land use conversion matrix to allow the conversion of Hotel Rooms, Business Office, and Research and Development Office square footage to no more than 238 Multi- family Residential dwelling units on Parcel 27.09, and to modify the required minimum and maximum thresholds in the Range of Floor Spaces Allocation for Land Uses Chart on Map H to reflect a reduction of the minimum thresholds for: Business Office from 1,043,287 to 985,695 square feet (reduction of 57,592 square feet); Research and Development Office from 73,440 to 71,032 square feet (reduction of 2,408 square feet); 118 hotel rooms to zero rooms; and Increasing the maximum number of residential units allowed for the DRI from 1,813 to 2,051 dwelling units (increase of 238 units). C. The maximum height of any building on Parcel 27.09 shall be 140 feet. SECTION 4. TRANSMITTAL OF RESOLUTION. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Residence Hotel LLC. Date Prepared: April 27, 2004 Resolution 105, 2004 SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of -Tart. 2004. ATTEST: �1 BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY CITY OF PA AYE NAY ABSENT G:\ attorney_share \RESOLUTIONS\mall residence hotel doa -reso 105 2004.doc 3 Mayor OX/ Date Prepared: September 6, 2005 1 RESOLUTION 120, 2005 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 6 SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS 7 LOCATED WITHIN THE REGIONAL CENTER DRI /PCD, AS DESCRIBED 8 MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS 9 OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE 10 IMPROVEMENT PLAN, REMOVING THE CHILDREN'S GARDEN; 11 MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH 12 THE NEWLY - APPROVED ARCHITECTURAL THEME; REMOVING THE 13 VIDEO WALL SIGN; ADDING A RIGHT -OUT EXIT POINT ONTO 14 GARDENS PARKWAY; ADDING UNUSED REMAINING DRI 15 ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE 16 SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR 17 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council, as the governing body of the City of Palm Beach 21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, 22 and the City's Land Development Regulations, is authorized and empowered to consider 23 petitions related to zoning and land development orders; and 24 •WHEREAS, the City received petition SP -05 -05 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens 27 project on the approximately 35 -acre site located within the Regional Center Development of 28 Regional Impact (DRI) and Planned Community Development (PCD), as more particularly 29 described herein, to modify certain conditions of approval; modifying the Lake Improvement 30 Plan by deferring the installation of the bridge and raised stage to November 10, 2006; 31 removing the children's garden; modifying the hardscape and landscape to coincide with the 32 newly - approved architectural theme; removing the approved video wall sign; adding a right - 33 out exit point onto Gardens Parkway from the second garage floor to be approved 34 administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of 35 office space to the project; and to include a request for five (5) additional waivers; and 36 37 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with 38 an underlying zoning of Commercial and Office; and 39 40 WHEREAS, the subject site is part of the Regional Center DRI approved by 41 Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and 42 43 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, 44 and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4 -3; 45 and 46 47 Date Prepared: September 6, 2005 Resolution 120, 2005 1 WHEREAS, the City Council has considered the evidence and testimony presented by 2 the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens' review agencies and staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in the 6 best interest of the citizens and residents of the City of Palm Beach Gardens, 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10 PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin 13 Development, is hereby APPROVED for the Downtown at the Gardens project on the 14 approximately 35 -acre site located within the Regional Center Development of Regional 15 Impact (DRI) and Planned Community Development (PCD), as more particularly described 16 herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by 17 deferring the installation of the bridge and raised stage to November 10, 2006; removing the 18 children's garden; modifying the hardscape and landscape to coincide with the newly - 19 approved architectural theme; removing the approved video wall sign; adding a right -out exit 20 point onto Gardens Parkway to be approved administratively by staff; and adding unused 21 remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject 22 to the conditions of approval contained herein, which are in addition to the general 23 requirements otherwise provided by ordinance: 24 40 LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE VICTORIA 28 GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, 29 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 30 31 Land -Use: 32 33 1. Retail use other than quality or specialty restaurant use shall be a part of a 34 multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of 35 Resolution 81, 2001 of the Development Order of the Regional Center DRI. 36 (Planning & Zoning) 37 38 2. Discount department stores as defined by the City's Land Development 39 Regulations shall be prohibited on the subject site, unless approved by the City 40 Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the 41 Regional Center DRI. (Planning & Zoning) 42 3. Freestanding fast food restaurants and freestanding pharmacies/ drugstores 43 shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development 44 Order of the Regional Center DRI. (Planning & Zoning) 45 46 4. A building permit for the multi - screen theater, no less than 55,000 square feet 47 and no less than 2,600 seats, shall be included within the first 100,000 square 48 feet to be built by the Applicant. No more than one building permit shall be • 2 Date Prepared: September 6, 2005 Resolution 120, 2005 1 issued for the entire project prior to issuance of a building permit for said theater. 2 Said theater shall be diligently constructed, without owner delay, until completion, 0 per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning, Building) 5 6 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 7 comply with Section 78 -262 of the City Code dealing with Art in Public Places. 8 The Applicant shall provide art on site or make a payment in lieu of art. The Art 9 in Public Places Committee shall review and make a recommendation 'to the City 10 Council on. any proposed art on site. (Planning & Zoning) 11 12 6 13 " shall oemmen% PFi9F t9 E)F simultaneously with the 14 15 without delay until GGFRPIGtG, PeF Exhibil G and Resolution 81, 2094 of the 16 17 18 67. The applicant of the subject development shall have the sole responsibility of 19 implementing and installing the lake improvement plan as reflected in Exhibit "G" 20 of this Reselutieaa on the Lake Area Site Plan, dated September 9. 2005, and 21 prepared by Cotleur Hearing attached hereto. Prior to the issuance of the first 22 Certificate of Occupancy, t#e that portion of the lake improvement plan adjacent 23 to Downtown at the Gardens development and for which said development is 24 responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed, a6 appreved by the Gity CeunGil. The pedestrian bridge and the performance stage on the west side of the lake shall be completed no later than November 10, 2006, by the owner of 28 Downtown at the Gardens. The remaining two areas of the lake improvement 29 plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be 30 completed no later November .10, 2006, unless prior to that date the owner 31 transfers the responsibility for the improvements to the respective property 32 owners with frontage on Lake Victoria. In this event, the timing of the installation 33 of the respective portions of the plan shall be specified in the development orders 34 or amendments thereto for the respective two properties. Any major modification 35 to any element of the lake improvement plan must be approved by the City 36 Council. (Planning & Zoning) 37 38 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the 39 subject development shall obtain and provide the City with an agreement 40 between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the 41 cost sharing for the implementation and installation of the lake plan. (Planning & 42 Zoning) 43 44 89. The Property Owners Association of the DRI shall be responsible for the 45 maintenance of all the park improvements and all elements of the lake plan. 46 (Planning & Zoning) 47 48 0 3 Date Prepared: September 6, 2005 Resolution 120, 2005 1 940. Uses shall be limited to the list attached hereto as Exhibit "E." The Applicant 2 must receive approval by the City Council for any use that is indicated as a conditional use, prior to the issuance of a building permit for those tenant improvements. (Planning & Zoning) 5 6 1044`. Within sixty (60) days of the effective date of this Resolution, the Applicant will 7 submit an "Operating Agreement" in a form acceptable to the City Attorney 8 between the City and the Applicant, establishing the management and use of the 9 Lake Park, including the plaza areas located east of Victoria Gardens Drive. The 10 Operating Agreement will define such items as allowable uses, programming of 11 events, public access, enforcement, and maintenance and will include provisions 12 for review and modification. The Operating Agreement must be approved by the 13 City Council prior to the issuance of the first building permit. (Planning & Zoning, 14 City Attorney) 15 16 1143. Prior to the issuance of any development permits, the Applicant shall obtain all 17 necessary approvals and permits from NPBCID to facilitate the redevelopment of 18 the lake tract (Park), including the necessary transfer of properties to the City of 19 Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City 20 Engineer, City Attorney) 21 22 1243. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the 23 project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be 24 utilized within the lakefront plaza area of the project, on site only. All mobile site 2 amenity / sales kiosks shall remain out of view from Alternate AM at all times. (Planning & Zoning) 28 1344. The Applicant shall ensure that the video sign located within the courtyard of 29 the site is not visible from any public right -of -way, parking lots, or residential 30 district, per Section 78 -289 of the City Code. (Planning & Zoning) 31 32 1445. The on- street parking within the Victoria Gardens Avenue right -of -way shall be 33 free of charge and must not be assigned to any specific tenant on site. (Planning 34 & Zoning) 35 36 1546. The proposed awnings shall be of solid color and striped awnings shall not be 37 permitted within the subject site. (Planning & Zoning) 38 39 1647. If shopping carts are to be used on site, shopping carts corrals shall be 40 provided by the Applicant and shall be screened from view by means of a wall 41 and substantial landscaping. The corrals shall be constructed of solid walls and 42 of materials compatible with the primary structures approved on site. (Planning & 43 Zoning) 44 45 174-8. Shopping carts shall not be allowed to accumulate in any outside area, and 46 shall be removed from cart corrals in a timely manner and relocated to storage 47 areas inside building structures. (Planning & Zoning) 48 • 4 Date Prepared: September 6, 2005 Resolution 120, 2005 1 184-9. Within thirty (30) days of the effective date of this Resolution and subject to 2 Planning and Zoning staffs approval, the Applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom areas on the first floor of the subject site. (Planning & Zoning) 5 6 Energy Conservation: 7 8 1920. Prior to construction plan approval, potable water conservation devices shall 9 be incorporated into project buildings, per Condition 12 of the Development 10 Order of the Regional Center DRI. (City Engineer) 11 12 202-4. Prior to construction plan approval, energy conservation measures identified 13 in the Application for Development Approval (ADA) shall be implemented, per 14 Condition 24 of the Development Order of the Regional Center DRI. (City 15 Engineer) 16 17 2122. Prior to construction plan approval, the subject project shall comply with the 18 energy plan established by the Property Owners Association Architectural 19 Review Board for the Regional Center DRI, per Condition 25 of the 20 Development Order of the Regional Center DRI. (City Engineer) 21 22 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall 23 demonstrate that a full line of energy - efficient appliances and equipment will 24 be used in all buildings on site, per Condition 27 of the Development Order of 2 the Regional Center DRI. (City Engineer) Landscaping and Environment: 28 29 2324. Prior to the issuance of a clearing permit, the Applicant shall coordinate an 30 on -site meeting with the City Forester to confirm that existing and proposed 31 landscaping, as reflected on the proposed landscape plan, effectively screens 32 all parking areas from Alternate A1A, while remaining in compliance with 33 CPTED principles incorporating view corridors for security purposes. (City 34 Forester) 35 36 242. Prior to any land alteration, all Gopher tortoises shall be relocated from the 37 subject site to an acceptable alternate site approved by the City Forester. 38 (City Forester) 39 40 252-6. The Applicant shall, in a cooperative effort, work together with the Police 41 Department to implement, to the maximum extent possible, the CPTED 42 recommendations contained in the CPTED report prepared by Paul Urschalitz 43 and stamp dated by the City December 9, 2002. (Police Department) 44 45 Engineering 46 47 262-7. Prior to the issuance of the first building permit, the Applicant shall submit a 48 Master Pavement Marking and Signage Plan meeting the requirements of the !0 City Engineer. (City Engineer) 5 Date Prepared: September 6, 2005 Resolution 120, 2005 1 272-8. Prior to the issuance of the first building permit, the Applicant shall provide a 2 letter of authorization from the appropriate utility owners allowing the Applicant 4 to pave, landscape, and place stormwater management features, buildings, etc., within their respective utility easements. (City Engineer) 5 6 2829. Prior to the issuance of the first building permit, the Applicant shall identify 7 handicap ramps on the plans at all applicable locations. The Applicant shall 8 provide ramp detail(s) meeting ADA and FDOT standards and identify the curb 9 , ramp number from FDOT Index 304. (City Engineer) 10 11 2930. The Applicant shall maintain a minimum vertical height clearance of 13'6" for 12 the covered drop -off areas and the entry arches to facilitate emergency vehicle 13 access. (Fire Department) 14 15 303. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens 16 Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed 17 and accepted by the City. Construction of said roadway shall commence prior 18 to or simultaneously with the first building permit for vertical construction to be 19 built and diligently constructed without delay until complete, per Exhibit C of 20 Resolution 81, 2001 of the Development Order of the Regional Center the 21 DRI. (Planning & Zoning, City Engineer) 22 23 3132. Prior to the issuance of the first building permit, all surface water 24 management system elements consistent with the Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction- phasing plan and accepted by the City. The Applicant shall provide a phasing plan, construction plan, and supporting calculations for 28 review and approval by the City, NPBCID, and SFWMD that certifies all 29 phases of the surface water management system construction shall be 30 equivalent to the Unit 19 Conceptual Permit. (City Engineer) 31 32 3233. Prior to issuance of the first building permit, the Applicant shall submit to the 33 City for review and approval a boundary re -plat and record said plat in the 34 public records of Palm Beach County. (City Engineer) 35 36 3334. The Applicant shall submit, at its cost, an annual parking study to determine 37 actual parking demand at the site. The observed demand will be compared to 38 the actual supply to determine if the provided parking supply is adequate to 39 accommodate existing demand, plus expected demand generated by the uses 40 that have not yet been issued certificates of occupancy. This calculation will 41 include an appropriate buffer between parking supply and demand as 42 recommended by either the Institute of Transportation Engineers, Urban Land 43 Institute, or other recognized published traffic engineering organizations or 44 resources. The first annual parking study must be submitted when Certificates 45 of Occupancy for 80% of the project's approved square footage have been 46 issued, The parking study will be performed on an annual basis for a period of 47 five (5) years. Said study shall be performed by an independent professional 48 traffic engineer mutually selected by the Applicant and City staff. The precise 0 6 Date Prepared: September 6, 2005 Resolution 120, 2005 1 methodology shall be agreed upon by both the Applicant and the City staff at 2 the time the study is initiated. At a minimum, the study is to be performed 0 during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving 5 holidays), or as determined by the Growth Management Director. (City 6 Engineer) 7 8 3436. Should the parking study conclude that the available on -site parking is 90% 9 or more occupied, then the Applicant shall provide a permanent (perpetual) 10 solution to increase parking supply for the project that can include the 11 construction of a second parking garage as shown on the alternate site plan 12 referenced herein and attached hereto as Exhibit "D ", or other viable 13 alternative means as approved by City Council. When the on -site parking is 14 determined to be 90% or more occupied, the shared parking study provided by 15 the Applicant shall be considered null and void, and the Applicant shall 16 construct the required parking based on the number of spaces recommended 17 by the above - referenced parking study, or as otherwise determined by the City 18 Council. (City Engineer) 19 20 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall 21 transfer to the Citv any surety for completed public improvements and post 22 additional surety as necessary to secure 110% of the cost of construction of 23 the second parking garage located on the west side of the entrance off of 24 Gardens Parkway Boulevard. The City shall not release any surety posted by '' the Applicant for public improvements and the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the subject development receives a Certificate of 28 Occupancy of 80% of the approved square footage for the subject site. 29 (Planning & Zoning) 30 31 363-7. Construction of the second parking garage located on the west side of the 32 entrance off of Gardens Parkway Boulevard, or provision of additional parking 33 spaces by a permanent (perpetual) alternative means for the project as 34 defined in Conditions 34 and 35, shall be completed within one (1) year of the 35 determination that the on -site parking is 90% occupied. (City Engineer) 36 37 3739. If the second parking garage is not completed as determined by the issuance 38 of the certificate of completion within one year of the determination that the on- 39 site parking is 90% occupied, then no additional Certificates of Occupancy or 40 tenant occupational licenses shall be issued until said parking garage is 41 completed. (Planning & Zoning, City Engineer) 42 43 3839. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 44 construct all of the required improvements referenced in the traffic analysis for 45 the project prepared by Kimley -Horn & Associates, Inc., dated May 2003. (City 46 Engineer) 47 48 • 7 Date Prepared: September 6, 2005 Resolution 120, 2005 1 3948. The Applicant shall grant to the City a temporary construction easement 20 2 feet wider than the proposed footprint of the parking garage located on the 0 west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the "Alternate Site Plan," Exhibit 5 ND," attached hereto. Said easement shall be conveyed to the City by a 6 separate instrument within thirty (30) days from the date the City Council 7 approves the additional parking spaces as determined in Conditions 34 and 35 8 above. 9 10 Police: 11 12 4044. Lighting locations shall not conflict with landscaping, including long -term tree 13 canopy growth. (Police) 14 15 4142. All lighting for parking lots and pedestrian walkways shall be metal halide. 16 (Police) 17 18 4243. Non -glare building lighting shall be installed around perimeter on all sides and 19 on pedestrian walkways. (Police) 20 21 4344. All entry signage shall be lighted. (Police) 22 23 444-5. The Applicant shall provide timer clock or photocell lighting for nighttime use 24 above or near entryways and all exits, including emergency exits. (Police) 79; 0 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide to the City details of the commercial numbering system for emergency 28 response purposes in an 8' /z" X 11" map format. (Police) 29 30 4647. Numerical addresses shall be illuminated for nighttime visibility and not 31 obstructed, have bi- directional visibility from roadways, be unobstructed, and be 32 placed at front and rear of business. (Police) 33 34 474-8. All ATMs on site shall comply with Section 655.960 -965, Florida Statutes, 35 relating to ATMs. (Police) 36 37 4849. All structures shall be target - harden to include buildings pre -wired for an alarm 38 system; doors equipped with a metal plate over the threshold of the locking 39 mechanism; rear doors have 180- degree peephole viewers; and perimeter doors 40 equipped with hinges that utilize non - removable hinge pins. (Police) 41 42 4958. The lighting design for the two (2) parking structures shall incorporate both 43 vertical and horizontal luminance; provide lighting into the edges of parking stalls 44 and over parked vehicles; provide vandalism resistant lighting fixtures; provide 45 metal halide; provide lighting fixtures positioned to minimize glare; and provide 46 lighting fixtures around the exterior of both structures. (Police) 47 48 5054. All stairwells serving the parking garage shall have open metal handrails and • steps. (Police) 8 Date Prepared: September 6, 2005 Resolution 120, 2005 1 5152. All elevators shall be equipped with emergency two -way communication. 2 (Police) 0 5253. Elevators shall not be equipped with stop buttons. (Police) 5 6 5354. The Applicant shall work with the Police Department to develop a high- 7 resolution digital closed- circuit security system with recording and photo 8 processing picture or video printout capabilities. The system shall be designed to 9 include a minimum of twelve (12) digital cameras, with the ability to be expanded 10 if warranted by mutual agreement between the Applicant and the Police 11 Department. Forty -five (45) days following the opening of the theater, the 12 Applicant will conduct an on -site meeting with the Police Department for the 13 purpose of confirming the most effective camera locations. The system shall be 14 installed and fully operation within four (4) months of the opening of the theater. 15 (Police) 16 17 5455. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be 18 installed in all stairwell and elevator areas. (Police) 19 20 55. At the discretion of the Growth Management Administrator and with the approval 21 of the City Engineer, a Certificate of Occupancy for Building K. also referred to as 22 "Whole Foods," may be issued in advance of completing all Site and Lake Area 23 Site Plan improvements required by this Development Order. (Planning & 24 Zonin 95 0 56. Per Section 78 -324 of the City's Land Development Regulations, within six (6) months from the effective date of this Resolution, the Applicant shall install all 28 landscaping associated with the center island medians and road shoulder on 29 Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the 30 approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3) 31 month extension by the Growth Management Administrator, provided the 32 Applicant has demonstrated progress in the completion of the landscaping. 33 (Planning & Zoning) 34 35 57. Simultaneously with the installation of the Alternate Al A roadway landscaping, 36 the Applicant shall remove the existing sidewalk and install the meandering 37 sidewalk adjacent to Alternate AM from Gardens Boulevard to the site 38 ingress /egress off of Alternate Al A. (Planning & Zonings 39 40 58. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 41 install all buffers along A1A, Gardens Boulevard, and Kyoto Gardens Drive, and 42 the west side of the Lake Area Site Plan. (Planning & Zoning 43 44 59. The Applicant shall copy to the City all permit applications, permits, certifications, 45 and approvals. (City Engineer) 46 47 60. The construction, operation, and /or maintenance of any elements of the subject 48 project shall not have any negative impacts on the existing drainage of • surrounding areas. If, at any time during the project development it is determined 9 Date Prepared: September 6, 2005 Resolution 120, 2005 1 by the City that at any of the surrounding areas are experiencim negative drainage 2 impacts caused by the project, it shall be the Applicant's responsibility to cure said impacts prior to additional construction activities in a period of time and a manner acceptable to the City. (City Engineer} 5 6 61. The Applicant shall comply with all Federal Environmental Protection Agency 7 (EPA) and State_ of Florida Department of Environmental Protection NPDES 8 permit requirements, including, but not limited to, preparation of a stormwater 9 pollution prevention plan and identification of appropriate Best Management 10 Practices, as generally accepted by the EPA and /or local regulatory agencies, for 11 construction activities; submission of a Notice of Intent to EPA or its designee; 12 implementation of the approved plans; inspection, and maintenance of controls 13 during construction; and submission of a Notice of Termination. (City Engineer) 14 15 16 17 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 18 approves the following waivers: 19 20 1. Section 78- 344(i)(1)a, Standard Space, to allow for a 9.5 -foot parking stall width 21 for the two (2) parking garages 22 9f the 649 aleng Kyoto GaFdeR6 Pirive and all surface parking areas on site. 23 24 2. Section 78 -153, Maximum Building Height, to allow for a height of 45 feet for two 25 (2) story buildings, 62 feet for the theater building, and 75 feet for the arch 0 feature. 28 3. Section 78- 344(e), Wheel Stops, to allow for head -to -head parking spaces by 29 eliminating the wheel stops. 30 31 4. Section 78- 319(a)(1), Landscape Buffer Width, to allow a zero (0) foot buffer 32 along Victoria Gardens Drive. 33 34 5. Section 78- 320(a)(4), Foundation Planting, to allow no foundation planting by 35 entrances and service areas. 36 37 6. Section 78 -153, Street Side Setbacks, to allow for a zero (0) foot setback 38 adjacent to Victoria Gardens Drive. 39 40 7. Section 78 -147, Outdoor Sales, to allow for up to seven (7) kiosks on site. 41 42 8. Section 78 -285, Permitted Signs, to allow for six (6) tenant signs for Building A, 43 one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1) 44 tenant sign for Building M2; a-PA four (4) project logo signs.; one (1) additional 45 tenant sign on the north elevation for Building K; two (2) additional signs on the 46 bridge between Buildings A and B/C (facing north and south); three (3) additional 47 signs on Building B/C (two (2) facing northeast and one (1) facing south): two (2) 48 additional signs on Building D/E (facing north and southeast): two (2) additional • 10 Date Prepared; September 6, 2005 Resolution 120, 2005 1 signs on Building G/H (facing east and south); and one (1) additional sign on 2 Building I/J (facing north),. 0 9. Section 78 -341, Intent, to allow for on- street parking along Victoria Gardens 5 Drive. 6 7 10. A waiver from Section 78 -285 of the City's Land Development Regulations to 8 permit seven (7) additional project identification signs located at four (4) different 9 buildings within the project, as depicted in the Master Signage Plan. 10 11 11. A waiver from Section 78 -285 of the City's Land Development Regulations to 12 permit letter heights of 42 66 inches for one (1) principal tenant sign for the 13 theater on the west elevation of the project: and 42 inches for two (2 ) principal 14 tenant signs on the bridge connecting to the theatre building. 15 16 12. A waiver from Section 78- 315(b) of the City's Land Development Regulations to 17 permit more than nine (9) parking spaces between landscape islands in areas 18 along Alternate A -1 -A. 19 20 13. A waiver from Section 78- 313(e) of the City's Land Development Regulations to 21 permit less than 100% screeninq for service court areas from public view. 22 23 14. A waiver from Section 78- 319(b)(4) of the City's Land Development Regulations 24 to permit the project's landscape type to be less than the required threshold of ,)5 75% of the City's preferred plant list. 0 SECTION 3. This site plan amendment approval shall be in compliance with the 28 following plans on file with the City's Growth Management Department: 29 30 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised Mafs# 10, 31 3993 September 1, 2005, Sheet 1. 32 33 2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 29 3 September 12. 34 2005), Sheet 4 ( September 12, 2005), and Sheet 5 35 (Fevo6ed May 22, 2003 September 12, 2005). 36 37 3, Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2-053 July 6, 2005, 38 Sheets 6 and 6.1. 39 40 4. Site Details, by Cotleur Hearing, revised JanyaFy 29 2093, September 12, 2005, 41 Sheet 7. 42 43 5. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised Apfil 14, 44 2-993 September 12, 2005, Sheets 14 and 15. 45 46 6. 4� GleeF Dlnn 7 , FIG-OF PlaR, , r MISC. Exterk) 4 7 Clnnr Dlnn Ea6t rani' beta ile> , 48 , FGYi6ed NeyembeF 15, 2902 (A 1.1 is A 69.4) and MaFGh 10, 2003 (RG 1 a Rd PG 2). 11 Date Prepared: September 6, 2005 Resolution 120, 2005 1 Second Level Floor Plan Bidgs. BIC and D/E Sheets A.2.13.2. and A2.D2.,Floor 2 Plan Bldqs. G/H and I/J by JPRA Architects dated December 20, 2004 Exterior 0 Elevations by JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 Pages) dated February 11, 2005. 5 6 7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated 7 ApFul -10, 20 October 31, 2004. 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1 -9. 9. Master Sign Plan, by Ge JPRA Architects, dated , JURG 01, 29 , Sheets 1 -34-7. 10. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22, 2003. 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1 — 15, revised QGtebeF 23, 2003 September 12, 2005. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS &P, Sheets A1.1, A2.1, A -3.1, A -4.1 — A -4.4, A -5.1, A -6.1, and PG -1, dated September 29, 2003. 24 13. Landscape Plan, by Cotleur Hearing, revised September 12, 2005, Sheets 8 and 25 9. 0 14. Landscape Plan, Courtyard Enlargements, by Cotleur Hearing, revised 28 September 12, 2005, Sheets 10 and 11. 29 30 15. Lake Area Landscape Plan, by Cotleur Hearing, revised September 12, 2005, 31 Sheet 12, 32 33 16. Landscape Details, by Cotleur Hearing, revised September 12, 2005, Sheet 13. 34 35 SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly 37 modified herein shall remain in full force and effect. 38 39 SECTION 5. This Resolution shall become effective immediately upon adoption. 40 41 42 (The remainder of this page left intentionally blank) 43 44 45 46 47 48 • 12 `2 If 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 0 ori 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 40 Date Prepared: September 6, 2005 Resolution 120, 2005 PASSED AND ADOPTED this aP day of ,l'eQTPw,scA , 2005. CITY OF PALM BEACH GARDENS, -FLORIDA M ATTEST: BY: o Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: n &� 7 �'� , / I'& �� Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT J R. Russo, Mayor AYE NAY ABSENT \ \PbgsfileWttorney\ attorney _share \RESOLUTIONS \downtown at the gardens - reso 120 2005.doc 13 OWAHONEY , d A550CIATE5. INL. Landscape Architects Planners and Environmental �. Consultants • LC- 0000177 r , CT, V TP George G. Gentile, FASLA M. Troy Holloway. ASLA Emily OMahoney, ASLA . d ns' to is ` eh 8 ` (as V erlined) Y r� Reve iVa'y Iay1 Y V,,. 3e ¢�� 4 ' n • t R� 'questf.Loca n _ r a request Amentd*ht to yhe existing. s. Pointe Site Plan.. T`h s' mp .64 acres rc� isilocated wi the egalona�efter,Develo • m ' f! gional (j Rn, on a6rthwest corner of intersection ``tif F rchild d s , Av } to Gail eps. Dnve. T site is s ounded on the. - `orth by � f atk re' eriti , c $h��; est by Dq'wntown at en east by` airchild . .ans u and a south'l �?iridien Office Park -ond the ��'alm , Beth dery et ical Pa lion. 'i he a plicafil is proposing .an amendment to the a fisting site plan that w,buld.11o ' for the develoment : of �� r ®om 6 story hotel, 11, 506 sq.ft. 3 ,story �� orifice build , g; ;and 'a 4�f100 'sq 1 to ibsrik wilding This. arriendment will supersede the current site filart: approved on 1Vlarch `l`4 2006 (Reolut on 44� 2006 for a 240 unit residential..coinmunity. Land Use and.Zoning Cornuliance No proposed changes to the land use or zoning are requested. Thus; the project continues to be consistent with the °existin land use and zonink. This is . vested multi -use DRI ',with,a Professional Ofce reference on the Ladd Use Map) end is zoned Planned ;Convnunity Developmeht`(PCD). The.proosed.hotel, office and. financial •uses' are not }Iv. in keeprnu With torrent Cit d� irecdOn to encourage and maintain nonresidential u ,.e but C `m reh. nsive Plan olicies. S .ecifi°cal Polic 1.1.1.;4 which ' ovides for R 'Ds Policy oura 1 I 4 which enc `es a mix of, ,ses and nodes vs. stn ``commercial d® e-166nent patterns and' Policy 1..6.7 to ex an the economic base are all furthered wiih this application.. Tf , underlying zoning proposed for compansOh is Commercial General (CG -1.) Following is a chart which compares the proposed development to the CG -1 code requirements. The PCD is also in cgmpliance wit % all environmental ordinanceis Ci ty of Palm Beach Gardens. `: z,. _ t AL DNS WTT • 1907 Commerce Lane 5ulte 101 Jupiter, Florida 33458 .�My{ 561- 575 -9557 MAY �Y9� x2007 561- 575 5260 FAX O R I G I N A L I r' I nd - h't www. a %ape arc i ect5.com 1lIP�I! JIM Gardens Pointe February 23, 2007 Page 2 /. Use: PCO Code Comp rison Proposed `- Compliance ' Wsi'ver (CGS) .. Requested M 4 Lot Covery g e 35 %, 15.44ofo - M ax Building HZ ei ht 36' yes no 9' no yes Mih. Open 100 ' /0 25.01% \ Spaee(B�r F4`D) . yes no 'ront,(S. Prop, Line) 5� ::. $5.20' Kyoto Gardens Yes No Drive . , Stre 't . 51.56' ne) Fg Yes No rGardens 1 Ave. Side (W. Prop Line) 15' 25' Yes No � Rear (N Prop Line). 15' 84.68' 1 Yes No i I Number 321 324 i Required(Per shared yes No parking code) I Sta11 Dimensions 10'x18.5' 259 9.5'x18.5' 67 Yes No No Yes i ' Buffers 85 15' Yes No i (20' adjacent to 100fft ROW) 20' Yes No r U: \CLIENT FILES \Gardens Pointe kolter 05- 1 106\SPR2007 05- 1106.2\Submitt ed )ocs\5 -29 -07 Resubmittal\narrative052407.doc 2 f Gardens Pointe February 23, 2007 Page 3 Concurrence Please :note this .is site is within a, :an approved • RI which has lieen' vested for , eoncurreney.until lal uary 16, 2009 and is sttbiect to a nendina.N QPC to extend that date had any comments; - T Sti rr'aunding Uses , The site is surrounded on the north lad a high rise, Lin ark residential towers; on .the west lay a carnmexelal complex, Llowntofti �t the '0ard'enS east by Fairchild Gardens 'Avenue then the 0ardens'M91; and the s outh by Viridian Office Park and the Palm 'Beach Gardens Medical Pavilions - all within the Regional Center.DRI. The Following is a chart showing the zoning and land; use designations .o£ the' surrounding land: Existing Zoning and Land Us besignations "EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTFi Vacant PCD DRI/PCD TO ME NORTH: The Landmark - PCD -DRI/PCD 166 condominiums within three residential towers TO THE SOUTH: Viridian Office Complex and PCD DRI/PCD Palm Beach Gardens Medical Pavilion TO THE EAST: The.Gardens Mall PCD . DRI/PCD TO TffE WEST: Lake/Downtown at the PCD D.RI/PCD Gardens Proposed Development The proposed mix of nonresidential uses provides added opportunity to create synergy with the existing uses in,the DRI, particularly as surrounding the lake. Residents of UACLIENT FILEMardens Pointe kolter 05- 1106\SPR2007 05- 1106,2 \Submitted Docs \5 -29.07 Resubmitta1\narMtive052407.doc 3, } Gardens Pointe February-23,2007 Page 4 Landmark might work oT utilize services of workers in the office building or to make a d.epasit in. the bank. ;Office workers from the proposed buildings may:enjoy a lake walk to flontown :for lunch. A <hateY guest ;tray have a, mooting at tie once building but his family may er}joy explorm Downtpwn The potential for more daytime activity is yenhanced by the proposed :nonresidential uses. Specifically, the amended site,plan provides for:,. l �1�. x ©otn hotel, 37 500 square feet of Q. Q and 4 QQQ square feet of batik use; The proposed hotel, as a premium brand select service hotel, is designed to be full service to its guests, but not to provide services for outside customers. A minimum amount of meeting space (3250%ft) and limited food services are to.be provided with a buffet style `dining area a small bar and lounge area.:. ' The placement.of botfilhe hotel and- the offtco building abuts the Perpetual Public Access Easement VAE), ..lake park, on the'northwest portion of the site. This location creates public nter8ctidn and accessibility to all uses located on'tl, PPAE. The aarea,located between the hotel and the office •Building would bb a public access and .an extension of , thg park The access- would bo , designed with hardscape, landscape, " and public art that ws�uld lead to an overlook ofthe lake -as well as connect to the pedestrian walk along the lake. The design goal.of this public is to respect the establishment of the PPAE through the placement. of : buildings and the use . of public amenities. The. • materials, textures,. accessories and planting pallets of Gardens Pointe's section of the pedestrian network would maximize the continuity of this dynamic pedestrian experience. The bank building would be located on the southeast corner of the site, at the intersection of Fairchild Gardens Avenue and Kyoto Gardens Drive. The placement of. the bank building at this location would assist the customer in easily accessing the bank. Between the buildings, -in the middle of the site, would be surface parking. This site layout allows for the use of shared parking. It is anticipated that the development of this site will be built in a single phase. Architectural "Elements Gardens Pointe has been created as an extension of the multi -use DRI that creates a smooth transition between the architectural styles of its adjacent neighbors as well as oth�r buildings within nearby sites. Its style is a 'contemporary Mediterranean blend, and the massing of the three buildings is organized to effect a pleasant transition in scale between these adjacent buildings. UACLIENT FILES \dardens Pointe kolter 05- 1106\SPR2007,05- 1106.2\Submitted Docs \5 -29 -07 Re'submittal\nan-ative052407.doc 4 K. Gardens Pointe February 23, 2007 , Page 5 The -Hotel building utilizes the combination of stucco, precast walls, and glass, along with awaxiety of barrel tiled, hipped roof massing elements to create a carefWly woven . asyn metrical composition. The three story of fice •budding is organized to maximize the presence towards the lake in order to, provide an urban edge to the pedestrian walkway, along the lake. This design also afrds the users of the building contindous view of the lake and Downtown at the aiden,§:` All three buildings materials were selected to allow the to be complimentary'to one J another, as well as'to buildings located on adjacent sites. The colors for the project have been selected to be complimentary to the adjacent Landmark buildings; but also to have some level of unique identity on their own. Sim Boulevard, A I A and in proxlmrty to 1 -yJ requires specitic s> age considerations. . Common Area Management As discussed, the proppa will be maintained by a property owners association and they will be responsible for common area within the site. Waivers Justification Stateinent FOUNDATION PLANTINGS. The applicant is requesting a waiver from Section 18 -320 Foundation landscaping apd plantings. The code requires a five fooi wide foundation planter for one story building and 30% of the height of the adjacent wall for two or more story buildings. The requested . waiver will permit a more urban hardscape edge adjacent to the building in exchange for enhancing the lake park amenities for the public. The design provides the opportunity for pedestrian interaction adjacent to the buildings to create more active environment. The public benefit provided in exchange for this request is the additional landscaping UACLIENT FILES \Gardens Pointe kolter 05- 1106 \SPR2007 05- 1106.2 \Submitted Docs\5 -29 -07 Resubmittal\nanative052407.doc 5 r Gardens Pointe February 23, 2007 Page 6 provsions as provided for in the Alternate Landscape Plan. This plan. includes additional plantings and improved materials in a more aesthetic design specific to this.site. WALL SIGNS The. applicant, is requesti% a waiver. from Section 78 -285 Permitted signs -Table 24 Permitted signs which allows for one sign. per, building. Pursuant to the intent of the ,sign: code to facilitate directing people and traffic, �Sinage is being designed in consultation with the unique location of the site with visbilify from Downtown at the Gardens, Fairchild Gardens .Avenue, Kyoto Gardens Drive, and for the Hotel ' I -95. Thus; the - tenants would. like to capture their potential customers from "the external arterials by . " placing : signage- in more.then one location to _take advantage of the centralized .location within the DRI. For the out- parcel bank and -the office building the applicant would like to request an increase of signage for a'total of two signs. The hotel would like to request an increase in signage for a total of three signs,. In addition the office building-and the hotel would like to request -a waiver to allow the signs to be located above the second floor ,of the building. In exchange for this .request the applicant is providing pedestrian amenities . to .the lake park. This creates a greater sense of place as well as provides linkages to the surrounding sites through the - improvements are provided for the enjoi4ent.of the "general public. BUILDING. HEIGHT The applicant would like tosequest a waiver from Section 78- 153 - Nonresidential Zoning • Districts Table 12- Property Development Regulations- Maximum Building Height from.. 36fl to 89ft. In order for this site to be contextually pleasing with its neighbor, Landmark, there is a need to increase the overall height of buildings on the site. The proposed height of the hotel is to provide transition instead of a stark contrast in height. This petition balances the visual impact of the" adjacent high rise with varied heights ,on this site. In exchange for this request we are providing additional architectural design considerations that provide for:public benefit. U:\CLIENT FILES \Gardens Pointe kolter 05- 1106\SPR2Q07 05- 1106.2 \Submitted Docs\5 -29 -07 Resubn ittal\narrative0524.07.doc 16 • • ®_ 0® Kimley -Horn — [—] and Associates, Inc. February 19, 2007 Revised May 25, 2007 Mr. Robert Vail Kolter Communities, Inc. 1601 Forum Place, Suite 805 West Palm Beach, FL 33401 Re: Gardens Pointe Shared Parking Analysis Palm Beach Gardens, Florida 040585007 Dear Mr. Vail: As authorized, we have undertaken a revised parking evaluation for the proposed development of Gardens Pointe within the MacArthur Center DRI in Palm Beach Gardens, Florida. The site is located east of Alternate AlA and on the north side of Kyoto Gardens Drive in Palm Beach Gardens, Florida. The project is proposed to consist of a mix of office, hotel and bank uses. Table 1 provides a breakdown of the proposed intensity of each use and the City of Palm Beach Gardens parking requirements. TABLE I City of Palm Beach Gardens Parking Code Requirements ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 LAND USE INTENSITY TYPE PARKING REQUIREMENT PARKING REQUIRED HOTEL 175 ROOMS 1.1 PER ROOM 192.5 1/100 S.F. HOTEL 3250 S.F. MEETING MEET. 32.5 OFFICE 37500 S.F. 1/300 S.F. 125.0 BANK 4000 S.F. 1/250 16.0 TOTAL 366 0 TEL 561 845 0665 FAX 561 663 8175 MAY 2 g 2007 L -A • Khley -Horn and Associates, Inc. Mr. Robert Vail, May 25, 2007, Page 2 A total of 324 parking spaces are proposed to be provided on site, which is less than the code requirement. Because the time of day parking demands vary for office, bank and hotel uses, this site has the potential to share parking between its various uses. Several analyses were undertaken to evaluate whether or not this supply would be adequate. Below is a summary of the analyses that were undertaken. City of Palm Beach Gardens Shared Parking Methodolor�v To calculate the peak parking supply requirement for the entire site, the time of day distributions listed in the City of Palm Beach Gardens' Land Development Regulations (LDR) were applied to the parking code requirements for each use. Table 2 presents the shared parking requirements for the site for a typical weekday and a weekend. TABLE 2 City of Palm Beach Gardens Shared Parking USE WEEKDAY MIDNIGHT TO 6:00 AM WEEKDAY 9:00 AM TO 4:00 PM WEEKDAY 6:00 PM TO MIDNIGHT WEEKEND 9 :00 AM TO 4:00 PM WEEKEND 6:00 PM TO MIDNIGHT HOTEL 180 180 225 180 180 OFFICE 6 125 13 13 6 BANK 2 16 2 2 1 TOTAL 188 321 241 195 187 As shown in Table 1, the total code site parking requirement for parking is 366 spaces without any sharing of spaces. The total number of spaces to be provided on site is 324 spaces. Table 2 indicates that the peak weekday shared parking supply requirement is 321 parking spaces during the 9:00 a.m. — 4:00 p.m. time period on a weekday. The peak shared parking supply requirement on a weekend is 195 spaces, which occurs during the 9:00 a.m. - 4:00 p.m. time period. Urban Land Institute ( LI) Shared Parking MethodoloQy As documented in the Urban Land Institute's (ULI) Shared Parking (2 "d Edition), mixed -use projects experience a significant reduction in parking demand as a result of the time of day variation in parking demand between uses. Therefore, • the actual parking demand on the site during the peak hours is expected to be less than the supply that is required by code. As such, the City's parking code J • 0 F1 Kimley -Horn ®� and Associates, Inc. Mr. Robert Vail, May 25, 2007, Page 5 parking supply requirements using that data. In the absence of a similar study for office space, the City's parking requirement rate for office space was used. The results of that analysis shown in Table 6 below indicate that a total of 318 parking spaces would be required to meet the supply needs of the subject property. Please note no shared parking or time of day adjustments were used to obtain the required parking space supply presented in Table 6. TABLE 6 Alternate Parking Supply Calculation Based upon City- Appropriate Hotel Rate LAND USE INTENSITY TYPE PARKING REQUIREMENT PARKING REQUIRED 1.01 PER HOTEL 175 ROOMS ROOM 177 OFFICE 37500 S.F. OFFICE 11300 S.F. 125 BANK 4000 S.F. BANK 1/250 S.F. 16 TOTAL 318 Loading Space Requirements In addition to parking, one loading space is also being provided on site. Research of loading space requirements by the Institute of Transportation Engineers indicates that insufficient research has been conducted in this area to develop any industry wide standards as they relate to hotel loading space requirements. Therefore, the one space required by the Code is deemed sufficient for the proposed site. Summary In conclusion, using several different methods of analysis, the parking requirement for the subject property has been calculated to be between 304 and 321 spaces. This requirement is dependent upon factors such as parking requirement rates used, parking rate reduction for shared parking, time of day adjustment factors and actual parking demand for similar type land uses. The 324 proposed parking spaces provided on site should be sufficient to handle the parking demands of the proposed uses. • ®— ® Kimley -Horn and Associates, Inc. Mr. Robert Vail, May 25, 2007, Page 6 The accompanying site plan will reflect the requirements of Sec. 78- 346(3a. -3e.) and how the compliance of said section will be met. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. ]son, P.E., P.T.O.E. 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FLORDA 37411 JITPITT96 fL 3715! 1101 FORW PUCE, SW7E 100 54i166 CCE►nlpPEi YE 9654 767N A7£ N. CMOE91 PgN7E DEUF1,OpyplT, LLC TEL* 591.960.6010 FAX: 591.660.1037 T11 661.575.9557 WEST PAW 86841' FL 73101 A7UJiTA. OA 3W42 325 SW S WC1E STREET 1601 FORAY PLACE. S11TIE 905 2593 NW Skd STREET FAX: 591.576.5260 TEL 581.694.99H PITk11.A5 PARK. 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