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HomeMy WebLinkAboutAgenda Council Agenda 021199 SpecialAll those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS SPECIAL REGULAR MEETING FEBRUARY 11, 1999 7:30 P.M. I. PLEDGE OF ALLEGIANCE. II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: Monday, 2/15 - City Administrative Offices Closed in Observance of President's Day Thursday, 2/18, 7:30 P.M., City Council Regular Meeting IV. CITY MANAGER REPORT: V. PRESENTATIONS: VI. AWARDING OF BIDS: VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) . / CONSENT AGENDA: +/ 1. Approval of Minutes from 1/21/99 City Council Regular Meeting X. PUBLIC HEARINGS: 1. Ordinance 7, 1999 - Application of Charming Corporation XXX for Rezoning of 7.3 -Acres of Land Located on the South Side of PGA Boulevard, Immediately, East of its Intersection with Avenue of the PGA to a Planned Unit Development, in Order to Construct 31 Townhomes, 14,212 Square Feet of General Office, 5,267 Square Feet of Medical Office, 10,667 Square Feet of General Retail, 5,900 Square Feet of Indoor Restaurant and 2,260. Square Feet of Outdoor Restaurant Use. (Public Hearing, adv. 1/29/99; Consideration of Second Reading and Adoption) ' -- 1- 2. Ordinance 8, 1999 - Application of Charming Corporation XXX for Rezoning of 8.997 -Acres of Land Located'on the South Side of PGA Boulevard, Immediately 'West of its Intersection with Hickqry Drive to a Planned Unit Development, in Order to Construct 17 Townhomes, 6,606 Square Feet of General Office, 7,150 Square Feet of Medical Office, 12,654 Square Feet of General Retail, 3,300 Square Feet of Indoor Restaurant and 1,675 Square Feet of Outdoor Restaurant Use with 8 Apartments Located Above the Commercial Uses. (Public Hearing, adv. 1/29/99; Consideration of Second Reading and Adoption) City Council Special Regular Meeting, 2/11/99 Page 2 3. Proposed permitted uses for the Application of Charming Corporation XXX for Rezoning of 12.266 -Acres of Land Located on the South Side of PGA Boulevard, East of its Intersection with Hickory Drive, in Order to Construct 21 Townhomes, 22,609 Square Feet of General Office, 5,420 Square Feet of Medical Office, 32,861 Square Feet of General Retail, 8,200 Square Feet of Indoor Restaurant and 3,360 Square Feet of Outdoor Restaurant Use with 32 Apartments Located Above the Commercial Uses. (Public Hearing, adv. 1/29/99; Consideration of Second Reading and Adoption) XI. RESOLUTIONS: XII. ORDINANCES: (For Consideration of First Reading) XIII. ITEMS FOR COUNCIL ACTION: XIV. ITEMS FOR DISCUSSION: Discussion re: Composition of Education Advisory Board. XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. II CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 21, 1999 The January 21, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furta.do, Councilman Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT The City Manager announced staff and City Council members would depart at 8:15 a.m. the next day to visit cultural arts facilities to see successful examples of outdoor performing areas integrated with business areas. City Manager Herakovich explained that invitations to police graduation festivities were in the mail to the City Council. The City Manager announced a tour of Addison Reserve on February 5 for the City Council and staff. City Manager Herakovich announced revisions to the agenda. Assessment reports on flood damage had been prepared by staff, reporting damage to 98 homes, 24 businesses, as well as minor infrastructure damage. Mayor Russo reported frustration with bad publicity regarding the flood and. requests to the local television stations to report correctly the location of affected areas, since some were in the unincorporated areas. The City Manager noted several agencies which might provide funds to help with some of the damage. PRESENTATION Employee of the Year Mayor Russo presented the 1998 Employee of the Year Award to Judy Fox, a 15 -year employee. The City Manager presented Judy with several gifts. CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 V AWARDING OF BIDS Drainage Councilman Clark made a motion to approve the staff recommendation to provide pipe restoration and retrofit for drainage improvements by piggybacking off of D. S. Eakins' County contract. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado announced the WO had asked for the local funding which was not going to be spent on the bullet train to be allocated to various areas, which in the City's area would include double tracking for Tri-Rail, a motor facility downtown, and completion of State Road 710, which was being considered to go through to Northlake Boulevard. The Vice Mayor explained she had pushed for State Road 710 to instead be extended to Okeechobee, and requested a letter of support be sent by the City. The Vice Mayor expressed her opinion that septic tanks were a long -term health issue and recommended no septic tanks within the City. Discussion ensued. It was pointed out that the proposed western equestrian community was designed to use septic tanks, and it was recommended that criteria used by the Palm Beach County Health Department be studied. Steeplechase residents had requested septic tank information from the City. The Vice Mayor agreed to bring back information regarding the septic tank issue and State Road 710 issue. Vice Mayor Furtado requested a Resolution to contribute $20,000 for the next design phase by the Northlake Boulevard Task Force, and also a Resolution for a curfew for juveniles if it was warranted. Mayor Russo Mayor Russo reported he had attended the League of Cities meeting, formerly known as the Municipal League, which was currently drafting a document for concurrency in education. A presentation had been made by the County requesting support for the recreation and the agricultural bond referendum. More information was to be provided on the agricultural issue. Since the referendum, if passed, would provide the City with $3.5 million for a district park, the Mayor recommended that the City be a major participant in education of the residents on this issue. Mayor Russo reported he and the City Manager had met with Representative Merchant, who would be sponsoring a bill for a $1 million park grant for the City. The Mayor explained he had also met with CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 Representative Pruitt, who he believed,would also support the bill. The Mayor reported he had attended the introduction of the new Bishop at St. Ignatius Loyola, and planned to meet with him to discuss the school planned by the former Bishop. Mayor Russo reported he would try to meet with Mr. Vavrus to open communication lines. COMMENTS FROM THE PUBLIC There were no comments from the public. CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. The motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. The following item was listed on the Consent Agenda: Approval of Minutes from 12/17/98 Regular Meeting. RESOLUTIONS Resolution 6, 1999 Councilman Clark made a motion to approve Resolution 6, 1999 - Consideration of Appointment of One Member to the Code Enforcement Board, by inserting the name of Paul Sabatello into Section One. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 10, 1999 Councilman Clark made a motion to approve Resolution 10, 1999 - Consideration of approval that Palm Beach County Fire Rescue be requested to continue operation of Fire Station 16. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES Ordinance 5, 1999 Principal Planner Marty Minor presented the project for Ordinance 5, 1999 - Providing for Approval of the Application of High Field, Ltd., for Rezoning of 7.26 -Acres of Land Located Approximately 500 Feet to the East of the Intersection of Prosperity Farms Road and Idlewild Road, on the South Side of Idlewild Road to a Planned Unit Development - Residential, in Order to Construct 63 Townhomes (Marina Gardens) - for consideration of First Reading. Henry Skokowski spoke on behalf of the petitioner, providing an overview and describing a drainage upgrade by the County in which the petitioner would participate. The site plan, landscape and hardscape were described. It was noted that staff would meet with CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 4 the applicant before the next meeting regarding the lack of parking. Possible locations, cross parking, and including parking restrictions within the HOA documents were offered as possible solutions. The architecture of the project was described. Concerns regarding noise were discussed; disclosure of which was to be included in sales contracts. Councilman Clark made a motion to approve Ordinance 5, 1999 on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 1999 on First Reading by, title only. Ordinance 6, 1999 Principal Planner Marty Minor presented the project for Ordinance 6, 1999 - Providing for Approval of the Application of Palm Beach Community College for Rezoning of 6.476 -Acres of Land Located on the Northwest Corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue to a Planned Unit Development in Order to Construct a 12,000 Square -Foot Edu -Care Facility, a 32,000 Square Foot Media - Technology Training Facility, and a 2,300 Square -Foot Central Chiller Area, for consideration of First Reading. A representative of MPA Architects spoke on behalf of the petitioner. Councilman Clark made a motion to approve Ordinance 6, 1999 - on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 6, 1999 on First Reading by title only. Ordinance 7, 1999 Principal Planner Marty Minor presented the project for Ordinance 7, 1999 - Providing for Approval of the Application of Channing Corporation XXX for Rezoning of 7.3 -Acres of Land Located on the South Side of PGA Boulevard, immediately east of its Intersection with Avenue of the PGA to a Planned Unit Development, in Order to Construct 31 Townhomes, 14,212 Square Feet of General Office, 5,267 Square Feet of Medical Office, 10,667 Square Feet of General Retail, 5,900 Square Feet of Indoor Restaurant and 2,260 Square Feet of Outdoor Restaurant Use - for Consideration of First Reading. Following discussion, it was agreed that outdoor display approvals would be handled administratively. Steve Mathison, attorney for the petitioner, spoke on behalf of the petitioner. City Council and staff agreed to Henry Skokowski's request for a 5% deviation in retail /medical/general office use with CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 5 the requirement that a traffic report be provided, and that language be refined in conditions 28, 29, 30 and 31 before Second Reading. Mayor Russo requested a workshop at the next meeting to finalize the list of uses before the February 11, 1999 meeting at which Second Reading would be considered. Councilman Clark made a motion to approve Ordinance 7, 1999 - on First Reading by title only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. During discussion of the motion, Vice Mayor Furtado noted this project had been unique with the developer working with residents to obtain agreement for the project. The City Clerk read Ordinance 7, 1999 on First Reading by title only. Ordinance 8, 1999 Vice Mayor Furtado made a motion to approve Ordinance 8, 1999 - Providing for Approval of the Application of Channing Corporation XXX for Rezoning of 8.997 -Acres of Land Located on the South Side of PGA Boulevard, immediately west of its Intersection with Hickory Drive to a Planned Unit Development, in Order to Construct 17 Townhomes, 6,606 Square Feet of General Office, 7,150 Square Feet of Medical Office, 12,654 Square Feet of General Retail, 3,300 Square Feet of Indoor Restaurant and 1,675 Square Feet of Outdoor Restaurant Use with 8, Apartments located Above the Commercial Uses- on First Reading by title only. Councilman Clark seconded the motion. During discussion of the motion, Petitioner requested permission to speak. Vice Mayor Furtado withdrew the motion; Councilman Clark withdrew the second to the motion. Henry Skokowski, agent for the petitioner, requested that the.5% deviation in retail/medical /general office use applicable to Ordinance 7, 1999 also apply to Ordinance 8, 1999 and Ordinance 9, 1999. Agreement was reached to have a sidewalk only on the south side of Hickory Drive and not on both sides as listed in the conditions of approval. Vice Mayor Furtado made a motion to approve Ordinance 8, 1999 on First Reading by title only. Councilman Clark seconded the motion which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 8, 1999 on First Reading by title only. Ordinance 9, 1999 Vice Mayor Furtado made a motion to approve Ordinance 9, 1999 - Ordinance 9, 1999 - Providing for Approval of the Application of Channing Corporation XXX for Rezoning of 12.266 -Acres of Land Located on the South Side of PGA Boulevard, east of its CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 Intersection with Hickory Drive, in Order to Construct 21 Townhomes, 22,609 Square Feet of General Office, 5,420 Square Feet of Medical Office, 32,861 Square Feet of General Retail, 8,200 Square Feet of Indoor Restaurant and 3,360 Square Feet of Outdoor Restaurant Use with 32 Apartments located Above the Commercial Uses - on First Reading by title only. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 9, 1999 on First Reading by title only. ITEMS FOR COUNCIL ACTION Artigras Special Event Councilman Clark made a motion to approve the Special Permit application for Artigras 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION Mayor Russo Mayor Russo announced a Kick-Off Breakfast to be held at Gardens Mall January 27, 1999. Councilman Clark Councilman Clark requested that the light fixtures chosen for the Municipal Complex be reconsidered. The City Manager reported she had requested another sample from the Architect. Vice Mayor Furtado Petitions from residents on Gardenia requesting a traffic light were submitted. The City Manager reported the City and BallenIsles were working on this issue. Councilman Sabatello Councilman Sabatello expressed disappointment with the presentation at the last meeting by WCI Communities. Mayor Russo reported Commissioner Marcus had met with Mr. Hoffinan and a meeting was being set up for after. the closing on the property to include the County Commission, City staff, and City Council. Councilman Jablin expressed concern that WCI would sell to anyone without talking to the City, and if a project could not be approved then the purchaser could lose their investment. Discussion ensued regarding WCI Communities' lack of understanding of the situation and lack of desire to meet with the City, and their actions which would place the City in an awkward position. Mayor Russo stated the City must do everything possible to assure that codes and impact fees were in place. The City Manager reported that both DiVosta and Pulte had agreed to talk to the City regarding issues and plans CITY COUNCIL SPECIAL REGULAR MEETING, 1/21/99 7 for the land they had purchased from WCI Communities. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Furtado, carried 5 -0, the meeting was adjourned at 11:15 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 11, 1999 Date Prepared: January 27, 1998 Subject /Agenda Item Public Hearing/Second Reading of Ordinance 7, 1999 approving petition PUD- 98 -03, The Commons Parcel I. (11- 42S -42E) Recommendation/Motion: Staff recommends approval of Ordinance 7. 1999. as modified by Amendment 1 _ Reviewed by. '/ Originating Dept.: Costs: $ Council Action: Cx` I� City Attorney J Growth Management Total [ ] Finance,NA $ [ ] Approved w/ conditions ACM IV Current FY [ ]Denied Human Res. NA _ Other NA Funding ource: g [ ]Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Ordinance, 1998 Site Plan Existing land use &zoning [ ] Not Required and site analysis I Submitted by Growth Manag ment Affected parties Budget Acct. #: Director \M [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This petition was approved on first reading the City Council January 21, 1999. Also, at its September 22,1998 meeting, the Planning and Zoning Commission unanimously recommended approval of the Commons Planned Unit Development. 1 REQUEST: A request by Urban Design Studio, agent, for Charming Corporation XXX for rezoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 31 residential units, 14,212 square feet of general office, 5,267 of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The 7.304 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA. The applicant is requesting a rezoning to a PUD District. The proposed use of the property will be consistent with both the existing land use designation of RH on the southern portion of the property, and the recently approved land use designation of MXD (mixed use) on the northern portion of the property. The current zoning designation for the subject site is Residential High Density (RH). The Commons Parcel 1 is a 7.304 acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of PGA. To the south of the subject property is a canal and Tamberlane Residential Development. Immediately to the east of the subject property is Woodland Lake Condominium project. The site is bounded to the north by vacant land and to the west by Longwood residential development and Barnett Bank. The subject property was recently approved with a land use change for the most northerly 5.2 acre portion of the property to a designation of MXD - Mixed Use. The subject property currently has a zoning designation of RH - Residential High Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 7.304 acre parcel. The property is currently owned by the John D. and Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Charming Corporation XXX intends to develop the entire parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development is proposed to include 31 multi - family dwelling units, 14,212 square feet of general office use, 5,267 square feet of medical office use, 10,667 square feet of general retail use, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The development will occur in a single phase. Project Details The 31 dwelling units proposed for the parcel will be three (3), four (4) and six (6) unit townhomes. The units are all two (2) stories with one (1) story edges. The residential lots are typically 80 to 90 feet in depth and 24 and 45 feet in width and will be sold on a fee simple basis. The residential portion of the project may be accessed from the Avenue of PGA and PGA Boulevard through the commercial portion of the site. A public gathering place within the residential portion of the proposed development will allow residents the opportunity to socialize outdoors. The gathering place is connected to the commercial portion of the proposed PUD, and will allow a simple 2 pedestrian connection between the site's uses. Permitted Uses The permitted uses for the project will be approved as a condition of approval: 1. The following uses shall be permitted with the Planned Unit Development: apartments; townhouses; the permitted and conditional uses, found in the Neighborhood Commercial (CN) zoning district (with the exception of churches nurseries, day cares and laundry self service); professional and business office; medical and dental office; blueprinting service; art studio; art gallery and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting.good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); travel agency and china, crockery, glassware and earthenware shop. Video rental stores shall be prohibited. (Planning & Zoning) The permitted and conditional uses in the CN zoning district, as referenced above, are: antique store; appliance store; apothecary; retail bakery; bookstore; delicatessen; drugstore; gift shop, cards; grocery store; hobby supply store; jewelry store; restaurant (including on- premises consumption of liquor, beer and wine); bank/financial institution; barbershop or beauty shop; dry cleaning; laundry, self service; laundry and/or dry cleaning pickup station; nursery or day care; picture framing; reducing salon; shoe repair shop; church; police substation; post office; museum; private club or lodge; library or reading room; public recreation center; and indoor theater. Signage No signage is being proposed as part of this application. The applicant requested additional time to determine the exact type of signage and appropriate location thereof. When signage is completed, the applicant must submit to city for review and approval. Walkways Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street. A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. 3 Site Access Vehicular access to the site is proposed from three (3) locations. One (1) access is directly off of PGA Boulevard at the eastern-most edge of the subject property, and the other two (2) are located along Avenue of PGA on the west side of the property. The site plan proposes 205 parking spaces for the nonresidential portion and 94 spaces for the residential units. Staff reviewed the parking for the nonresidential area based on the criteria used for shopping centers (1 /200s.f.). The applicant has also submitted a parking analysis indicating peak period parking utilization and hourly variations (see attached). Lighting The pedestrian areas will be highlighted with "acorn hat" light fixtures to provide adequate light for safety purposes and also to establish a residential environment within the pedestrian areas. The vehicular areas, however, will be lighted by 25 foot high top mounted poles. Open /Common Space Several areas have been provided for public use. These open areas are intended to be used as meeting places by residents, employees, and patrons of the development. Specialty pavers and fountain features are proposed throughout the entire development. There is one major area that is a major focal point within the parcel, and is delineated on the site plan. The focal point will be supported by landscaping and a piece of artwork, and will be the most northerly link between the commercial and residential portions of the proposed PUD. Waste Management All dumpsters within the retail and office portion of the site will be located indoors in ventilated rooms in rubber containers, for the cafe and restaurants, will be air - conditioned and the trash will be bagged so as to reduce noise and minimize their impact on the development by screening them from the public's view. Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas will be walled with a six (6) foot high wall. Townhomes will have driveway pick -up. Staffs Review, Comments, and Recommendation Building Division 2 Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. Utilities Seacoast Utility Authority has reviewed the project and has no comments until detailed water and sewer plans are available. Fire Department Fire Department has reviewed the project and has no comments. City Engineer Assistant City Engineer Tammy Jacobs has also reviewed the plans and has several conditions of approval (see attached). City Forester City Forester Mark Hendrickson has reviewed the most recent plans and has several comments ( see attached). Planning and Zoning Commission At its September 22, 1998 meeting, the Planning and Zoning Commission recommended approval of PUD -98 -03 with 26 conditions. These conditions have either been satisfied or included in the final list of conditions of approval. Conditions: 1. The following uses shall be permitted with the Planned Unit Development: townhouses; the permitted and conditional uses, found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day cares and laundry self service); professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; travel agency and china, crockery, glassware and earthenware shop. Video rental stores shall be prohibited. (Planning & Zoning) 5 2. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 3. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 4. Prior to adoption of Property Owner Association documents, the applicant shall submit these documents for review and approval by the City. (City Attorney) 5. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the 5 -foot access aisle and handicap pavement symbols. (City Engineer) 6. The applicant shall utilize existing material and grade the canal right -of -way per the proposed cross sections. Under no circumstances should the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Department will then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross sections at the water's edge. (City Engineer) 7. Prior to construction plan approval, the applicant shall add a "stop ahead" sign (W3 -1) due to the curvature of the drive aisle. (City Engineer) 8. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 9. Prior to construction plan approval, the applicant shall provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) 10. Prior to construction plan approval, the applicant shall provide documentation of the recorded easement with Peoples Gas, provide a letter of authorization from Peoples Gas allowing the applicant to pave and landscape within said easement and show said easement on the site plan and landscape plan. (City Engineer) 11. Prior to construction plan approval, the applicant shall show and identify each handicap ramp on the site plan. There shall be no conflicts with proposed bollards, light poles or trees. The entire handicap ramp shall be unencumbered. (City Engineer) 12. Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and/or sales model. The townhouse 6 building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 13. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 18,600 square feet of recreation credits for Parcel 1 from the Foundation credit pool. (Building) 14. The applicant and successors shall maintain the landscaping within the east side of Avenue of the PGA right -of -way adjacent to Parcel 1, and the medians west of Parcel 1 within the Avenue of the PGA starting at the PGA Boulevard right -of -way to the southern terminus of Parcel 1. (Code Enforcement) 15. The applicant and successors shall pay one -half (1/2) of the continuous maintenance cost for 450 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant and/or its successors /agents. (City Forester, Finance) 16. The applicant and successors shall maintain the landscaping within the canal easement south of their project beginning at the Avenue of the PGA and running east to the eastern terminus of Parcel 1. (City Forester, Public Works) 17. Prior to the construction plan approval, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans. (Building Dept.) 18. Any conversions of uses involving more than five (5) percent of the total approved commercial /retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement (Planning & Zoning) 19. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) 7 square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City.(Planning & Zoning)" 20. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for the canals adjacent to the subject property. (Planning &Zoning, Code Enforcement, Legal) 21. Prior to construction plan approval, the applicant shall provide on the construction plans one access point into the canal area. (Building) 22. The applicant shall ensure that the ground cover along the bank of the canal does not exceed three feet in height. (Public Works) 23. The petitioner shall maintain all landscaping associated with the approval of this petition and/or as conditioned in the Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City.(City Forester, Public Works) 24. The petitioner shall not maintain, intentionally or unintentionally alter the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The petitioner shall help the City to monitor the reclaimed water irrigation system, per State regulations. (City Forester, Public Works) 25. The petitioner and successors shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and whenever the City of Palm Beach Gardens begins to be assessed for the same. This condition may be revised by a separate agreement between the City and the petitioner. (City Forester, Public Works) 26. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway /roadway landscaping, such provision shall be applicable. (City Forester, Public Works) 27. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. 8 28. No delivery will be allowed prior to 7:00 A. M. 29. Public restrooms located within the mixed use properties shall have no access points (ingress or egress) directly to exterior plaza area. 30. All chess tables, outside dining tables or similar furniture shall be located south of the 55- foot PGA Boulevard special setback. 31. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulatios. 9 Amendment 1 to Ordinance 7, 1999 The text of proposed Ordinance 7, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 2 (1) by adding " with the exception of churches, nurseries and day cares " and adding travel agency and deleting gymnasium and fitness center so it shall read: 1.The following uses shall be permitted with the Planned Unit Development: townhouses; the permitted and conditional uses, found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries day cares, and laundry self - service); professional and business office; medical and dental office; blueprinting services; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gymnas -1 m —4 r; + -.— ^ °r +_ °r; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetic shop; electronic sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; travel agency and china, crockery, glassware and earthware shop. Video rental stores shall be prohibited. (Planning & Zoning) B. Amend Section 2 to add the following conditions: 28. No delivery will be allowed prior to 7:00 A.M. 29. Public restrooms located within the mixed use properties shall have no access points (ingress or egress) directly to exterior plaza area. 30. All chess tables, outside dining tables or similar furniture ,shall be located south of the 55 -foot PGA Boulevard special setback. 31. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. C. Amend Section 3 by adding: 8. January 4, 1999 Canal Cross Sections by Keshavarz & Associates, INC., Sheets 1 of 2 and 2 of 2. D. Amend Section 2(19) by rewording the existing paragraph form from, "2. Outdoor display immediately adjacent to a place of business shall be permitted, in a manner in which enhances the pedestrian spaces, for the following businesses: florist, food market, and arts and crafts specialty store. Such display area shall be located immediately adjacent to its accompanying place of business and shall extend no more than four feet from the outside wall of the subject business. At no time shall an outdoor display area exceed 40 square feet. At no time shall an outdoor display area impede pedestrian access. The display area shall not extend into the 55 -foot PGA Boulevard Corridor. Exceptions for outdoor display may be made for special events as approved by the City. (Code Enforcement) ", into list form so that it shall read: "19. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City.(Planning & Zoning)" E. Amend Section 2(18), by inserting after the word ( "uses ") and before the words ( "shall be "), the following : "involving more than five (5) percent of the total approved commercial / retail square footage "; and by inserting after the period and before the words ( "(Planning & Zoning) "), the following: "The conversion of medical office to general office shall be exempt from this requirement. "; so that it shall read: "Any conversions of uses involving more than five (5) percent of the total approved commercial /retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning)" F. Amend section 2(21) to replace "two" with "one" and replace "one into and one out of the canal area" with "one into the canal area ", so it shall read: " Prior to construction plan approval, the applicant shall provide on the construction plans tvc one access point ^^° : ^*.^ anal ^f±? -P eµnai area into the canal area. February 5, 1999 ORDINANCE 7,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 7.3 -ACRES OF LAND LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, IMMEDIATELY EAST OF ITS INTERSECTION WITH AVENUE OF THE PGA TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT 31 TOWNHOMES, 14,212 SQUARE FEET OF GENERAL OFFICE, 5,267 SQUARE FEET OF MEDICAL OFFICE, 10,667 SQUARE FEET OF GENERAL RETAIL, 5,900 SQUARE FEET OF INDOOR RESTAURANT AND 2,260 SQUARE FEET OF OUTDOOR RESTAURANT USE; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Channing Corporation XXX for rezoning of 7.3 acres of land located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA to a Planned Unit Development as more particularly described in Exhibit "A" attached here; WHEREAS, the 7.3 acres of land involved is presently zoned as Residential High (RH) with a land use designation of Mixed Use (MXD) on the northern 5.2 acres and Residential High (RH) on the southern 2.1 acres; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Channing Corporation XXX for the rezoning of 7.3 acres located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA to a Planned Unit Development, in order to construct 31 Town homes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail use, 5,900 square 1 feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use to be known as The Commons Parcel 1. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. The following uses shall be permitted with the Planned Unit Development: townhouses; the permitted and conditional uses, found in the Neighborhood Commercial (CN) zoning district ( with the exception of churches, nurseries, day cares and laundry self service); professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; travel agency and china, crockery, glassware and earthenware shop. Video rental stores shall be prohibited. (Planning & Zoning) 2. The project signage package shall be subject to review by the City Council for its consideration of approval (Planning & Zoning) 3. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, and offices shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 4. Prior to adoption of Property Owner Association documents, the applicant shall submit these documents for review and approval by the City. (City Attorney) 5. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the 5 -foot access aisle and handicap pavement symbols. (City Engineer) 6. The applicant may utilize existing material to grade the canal right -of -way per the proposed cross sections. However, under no circumstances, shall the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The applicant acknowledges that the Public Works Department will then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross sections at the water's edge. (City Engineer) 7. Prior to construction plan approval, the applicant shall add a "stop ahead" sign (W3 -1) due to the curvature of the drive aisle. (City Engineer) 2 8. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 9. Prior to construction plan approval, the applicant shall provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) 10. Prior to construction plan approval, the applicant shall provide documentation of the recorded easement with Peoples Gas, provide a letter of authorization from Peoples Gas allowing the applicant to pave and landscape within said easement and show said easement on the site plan and landscape plan. (City Engineer) 11. Prior to construction plan approval, the applicant shall show and identify each handicap ramp on the site plan. There shall be no conflicts with proposed bollards, light poles or trees. The entire handicap ramp shall be unencumbered. (City Engineer) 12. Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and/or sales model. The townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 13. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 18,600 square feet of recreation credits for Parcel 1 from the Foundation credit pool. (Building) 14. The applicant and successors shall maintain the landscaping within the east side of the Avenue of the PGA right -of -way adjacent to Parcel 1, and the medians west of Parcel 1 within the Avenue of the PGA starting at the PGA Boulevard right -of -way to the southern terminus of Parcel 1. (Code Enforcement) 15. The applicant and successors shall pay to the City one -half (1/2) of the total cost of maintenance for 450 linear feet located in a section of the median of PGA Boulevard beginning at the eastern boundary of the Avenue of the PGA intersection east to the eastern boundary of the subject parcel. A reasonable fee shall be determined annually and shall be paid in quarterly installments by the applicant commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant and/or its successors /agents. (City Forester, Finance) 16. The applicant and successors shall maintain the landscaping within the canal easement south of the parcel beginning at the Avenue of the PGA and running east to the eastern terminus of Parcel 1. (City Forester, Public Works) 17. Prior to the construction plan approval, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans. (Building Dept.) 18. Any conversions of uses involving more than (5) percent of the total approved commercial /retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 19. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City.(Planning & Zoning) 20. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for maintenance of the canal adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) 21. Prior to construction plan approval, the applicant shall provide on the construction plans one access point into the canal area. (Building) 22. At no time shall the ground cover along the bank of the canal exceed three feet in height. (Public Works) 23. The petitioner shall maintain all landscaping associated with the approval of this petition and/or as conditioned in the Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. 0 24. The petitioner shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The petitioner shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. 25. The petitioner and successors shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for the same. This condition may be revised by a separate agreement between the City and the petitioner. 26. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant and its successors and assigns. 27. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. 28. No delivery will be allowed prior to 7:00 A.M. 29. Public restrooms located within the mixed use properties shall have no access points ingress or egress) directly to exterior plaza area. 30. All chess tables, outside dining tables or similar furniture shall be located south of the 55- foot PGA boulevard special setback. 31. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. October 25, 1998 Site Plan by Oliver. Glidden & Partners, Sheets SP -1, SP -IA, SP -1B. 2. October 25, 1998 Floor Plans by Oliver.Glidden & Partners, Sheets A -1, A -2. 3. October 25, 1998 Exterior Elevations by Oliver. Glidden & Partners, Sheets A- 3.1. 4. September 28, 1998 Exterior Elevations by Oliver. Glidden & Partners, Sheets A- 3.4, A -6, A -7, A -8, A -9. S. August 28, 1998 Rights of Way and Access Easements by Oliver. Glidden & 5 Partners, Sheet AE -1. 6. December 7, 1998 Landscape Architecture Plans by Environment Design Group, Sheets L1, L2, L3, L4, L5, L6, L7, L8. 7. October 25, 1998 Color Selections by Oliver. Glidden & Partners, Sheet C -1 8. January 4, 1999 Canal Cross Sections by Keshavarz & Associates, INC., Sheets 1 of 2 and 2 of 2. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF JANUARY, 1999. PLACED ON SECOND READING THIS DAY OF , 1999. PASSED AND ADOPTED THIS DAY OF '1999. MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR FURTADO _ COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK 10 Exhibit A Legal Description of Parcel 13.10 A parcel of land situate in Section(s) 11, Township 42 South, Range 42 East: within the municipal limits of the city of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly bounded as follows: Bounded on the North by the South right of way of P.G.A. Boulevard; Bounded on the East by the West line of that certain parcel of land described In Official Record Book 2539, at page 0093, Public Records of Palm Beach County; Bounded on the South by the North line of Tract W -1, as shown on Plat One of Hansen -JDM, according to the plat thereof as recorded in Plat Book 64 at pages 67 through 81; Bounded on the West by the East right of way of Avenue of the P.G.A. as shown on Plat One of Hansen -JDM, according to the plat thereof as recorded in Plat Book 64 at pages 67 through 81. Containing in all, 7.29 acres, more or less. �h LINDAHL, BROWNING, FERRARI & HiELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: December 29, 1998 SUBJECT: The Commons — Parcel l n `�> (LBFH File No 98 -0005) We have reviewed the Canal Cross Sections prepared by Keshavarz & Associates, revised Site Plan prepared by Oliver & Glidden & Partners and revised Landscape Plan prepared by Environment Design Group received December 10, 1998. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. The applicant has provided cross - sections that provide a sufficient maintenance shelf and landscaping acceptable to the City. As a condition of approval, the applicant will utilize existing material and grade the canal right -of -way per the proposed cross - sections. Under no circumstances should the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Department will then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. Further, the timing for completion of the canal improvements will need to be determined by staff and an additional condition drafted accordingly. 3) Conditionally Satisfied. The applicant has provided Paver Clarification Details prepared by Oliver Glidden & Partners dated December 23, 1998. The details specify that the 4" double striping will be comprised of white pavers and the 2' overhang area will be comprised of white pavers. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the 5' access aisle and handicap pavement symbols. 4) Satisfied. The Site Plan has been revised to show bollards at the center of each parking space abutting the pedestrian plaza to provide additional pedestrian safety. % 5) Previously Satisfied. 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 - (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh,com ,errcT nni a nr Ai i_i rnoT MCOrr r1YFtf't -VIRFF The Commons — Parcel 1 2 (LBFH File No 98 -0005) 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Conditionally Satisfied. The applicant has provided a stop sign at the south end of the entrance drive aisle from PGA Boulevard. Prior to construction plan approval, the applicant will need to add a "stop ahead" sign (W3 -1) due to the curvature of the drive aisle. 11) Previously Satisfied. 12) LDR Section 118 -567 requires loading spaces to be a minimum of 12' x 35'. The applicant is proposing two loading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. 20) Previously Satisfied. 21) Previously Satisfied. 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. The Commons — Parcel 1 (LBFH File No 98 -0005) 3 23) Conditionally Satisfied. Prior to construction plan approval, the applicant shall provide documentation of the recorded easement with Peoples Gas, provide a letter of authorization from Peoples Gas allowing the applicant to pave and landscape within said easement and show said easement on the site plan and landscape plan. 24) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the continuation of the gas main on the site plan and landscape plan. 25) Previously Satisfied. 26) Previously Satisfied. 27) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show and identify each handicap ramp on the site plan. There shall be no conflicts with proposed bollards, the entire handicap ramp shall be unencumbered. . 28) Previously Satisfied. 29) Previously Satisfied. 30) Previously Satisfied. 31) Previously Satisfied. 32) Previously Satisfied. TJ ?MA P: \PBGMEMO \00005p - Parcel Ldoc c: Bobbie Herakovich Roxanne Manning LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. [!L 0 CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor T@O` ♦QQf�� ���� FROM: Tammy Jacobs c% DATE: January 5, 1998 SUBJECT: The Commons — Parcel 1, 2 and 3 (LBFH File No 98 -0005) Provided below is the suggested language for the condition of approval regarding the completion of the canal cross - section improvements: All canal cross - section construction shall be completed during the first phase of infrastructure construction. No certificate of occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. T] P: \PBGMEMO \0005q - Parcel 1,2,3.doc c: Bobbie Herakovich Roxanne Manning 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com Memo To File From: Mark Hendrickson, City Forester InIW- Subject: PUD- 98 -03, The Commons Parcel Date: September 21, 1998 I have reviewed the above - referenced project's plans submitted September 1, 1998 and provide the following comments: The petitioner is proposing to change the PGA Boulevard Landscape Plan/Sidewalk Plan approved by City Council by Resolution 23, 1994. If approved, the new ordinance should reference that the Commons Parcel 1 is partially modifying Sheet 3 of the PGA Boulevard Streetscape approved by said resolution, specifically the south side of PGA Boulevard east of Avenue of PGA to the Woodland Lakes PUD western boundary. I do not support any open space waivers to eastern buffer area. The proposed mixed use land use designation has commercial uses involved and should have a 15' wide buffer with a 100% opaque visual barrier per Section 118- 279(h). This is a vacant piece of property with no restrictions on it to prevent a developer from building a project per code. If the proposed buildings can not fit on the site without a waiver, then the buildings need to be reduced in size. I recommend the following conditions, if this project goes on to City Council: The applicant and successors shall maintain the landscaping within the road shoulder and medians west of their project within the Avenue of PGA. 2. The applicant and successors shall maintain the landscaping within the canal easement south of their project. 3. The applicant and successors shall pay one -half (1/2) of the continuous maintenance cost for 470 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential High (RH) Residential High Density (RH) Vacant Shall have frontage on at least one arterial. Proposed to abut PGA Boulevard. North Residential Medium (RM) Residential Medium (RM) Vacant Future Land Use Categories, including Resi- commercial South Planned Unit Dev. (PUD) Residential Low (RM) Residential than East Planned Unit Dev. (PUD) Residential Medium (RM) Residential The individual uses, buildings, and/or The project provides pedestrian West Residential High (RH) Residential High (RH) Residential & Commercial Neighborhood Commercial Commercial ( C ) (CN) MIXED USE DEVELOPMENT (MXD) DISTRICT'S CONSISTENCY WITH TH 9 COMPREHENSIVE PLAN REQUIREMENT PROJECT PROPOSAL CONSISTENT? Shall be developed as a PCD or a PUD. Proposed to be developed as a PUD. YES Shall have frontage on at least one arterial. Proposed to abut PGA Boulevard. YES Shall include a minimum of 2 of the other Proposed to develop both YES Future Land Use Categories, including Resi- commercial dential, and having no use comprise more and residential on the site. than 60% of the area. The individual uses, buildings, and/or The project provides pedestrian YES develop- Connections to the parkway system, ment pods within MXD districts shall include ways and plazas. interconnecting pedestrian ways and plazas and shall provide connections to the Parkway System. At least 25% of the net building area shall be 0% NO designated for residential use and shall be located above the ground floor. Parking (nonresidential- 1 /200s.f.) 192 spaces- 206 spaces YES Townhomes 80 spaces 94 spaces YES Setbacks:Front, 30 feet 10 feet No Side, 20 feet 5 feet No Rear, 20 feet 10 feet No Open Space — MXD PUD -Min. 15% 35% YES - RH -Min. 35% 35% YES 4� V/ t di r w • S n_A0� 0 gill i p °R c tx CL Ali _ ■ *° fl£ [I Ilia,� fix HH, illy 1 �9 A J gc Ile 8� • . /9inf e' nCrt fh'ir •r/ n7 Ann rrMr Run •wni.R.u.w� -.. w..._�wr w.�wr ru._.n .. a w n r"t• m [D rt r-t n 0 t-t O NJ m 0 0 mw m 0 0 Ln 0 0 C 0 0 a� c� He �1 fl n c� C �o c� V w 0 -Phh n v n CD O 0 aj Qj, O 3 C CD � W w n r"t• m [D rt r-t n 0 t-t O NJ m 0 0 mw m 0 0 Ln 0 0 C 0 0 a� c� He �1 fl n c� C �o c� V w 0 -Phh n v n CD .... ..... .. . ............................ .. p N � "A -D rn b O ' D ' ti CCI D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 11, 1999 Date Prepared: January 26, 1999 SUBJECTIAGENDA ITEM: Second Reading /Public Hearing of Ordinance 8, 1999: The Commons Parcel 2 Planned Unit Development (PUD) RECOMMENDATION /MOTION: Staff recommends approval of Ordinance 8, 1999, as modified by Amendment 1. Reviewed by: AA Originating Dept.: Costs: S. Ci Total City Attorney Growth Management 1 Finance, ( NA ACM \'7 Current FY v 7 Human Res. NA 1 Other NA Advertised: Funding Source: Date: [ ] Operating Paper. (] Not Required [ ] Other Submitted b ( Growth Manai meat Diri: o Affected parties [ ] Notified Budget Acct. #: Approved by: City Manager [ ] Not required Council Action: [ ] Approved w/ conditions [ ] Denied [ J Continued to: Attachments: — Ordinance 8, 1999 —Site Plan — Comments from City Engineer WComments from City Forester —TABLE 1 • Existing Land Use & Zoning Site Analysis —TABLE 2 • Mixed Use Development (MXD) District's Consistency w/ the Comp. Plan & Consistency w/ Code [ ] None 2 REQUEST: A request by Urban Design Studio, agent, for Channing Corporation XXX for rezoning and approval of a 8.997 acre, mixed -use, planned unit development (PUD). The proposed project contains residential, general office, medical office, retail, and restaurant uses, and is located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. (11- 42S -42E) See table below for proposed square footage for each use. Residential: Office: 44,595 s.f. 13,756 s.f. 17 Townhomes II General: 34,175 s.f. 6,606 s.f. 8 Apartments I' Medical: 10,420 s.f. 7,150 s.f. General Retail: Restaurant: 12,654 s.f. 11 4,975 s.f. w/ 223 seats The development will occur in a single phase. BACKGROUND: Indoor:. 3,300 s.f. w/ 148 seats Outdoor: 1,675 s.f. w/ 75 seats The applicant is requesting a rezoning to a PUD District. The proposed use of the property will be consistent with both the existing land use designation of RH on the southern. portion of the property, the existing land use designation on the easternmost portion of the property and the land use designation of MXD (mixed use) on the northern portion of the property. The Commons Parcel 2 is an 8.997 acre tract of vacant land located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. To the west of the subject property is the established Woodland Lakes condominium project. Immediately to the east of the subject property is vacant land, also under contract to be developed by the Channing Corporation XXX, as The Commons • Parcel 3. To the south of the subject property is a residential development. The subject property was approved on December 17, 1998 for MXD - Mixed Use Land Use on the northern 4.0 acres of the site. The southern 4.997 acres of the site has a Land Use Designation of RH - Residential High Density. The subject property currently has a zoning designation of RM - Residential Medium Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 8.997 acre parcel. The property is currently owned by the John D. And Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Channing Corporation XXX intends to develop the north section of the parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development is proposed to include 8 apartment units totaling 10,420 square feet, 6,606 square feet of general office use, 7,'150 square feet of medical office use, 12,654 square feet of general retail use, 3,300 square feet of indoor restaurant use and 1,675 square feet of outdoor restaurant use. The south section of the parcel is zoned as Residential - High Density (RH), and is proposed to include 17 multi- family dwelling units. The development will occur in a single phase. PROJECT DETAILS: RESIDENCES: The 17 multi - family dwelling units proposed for the parcel will be three (3) and four (4) unit townhomes. Each townhome will be approximately 1,550 square feet in size. The units are all two (2) stories with one (1) story edges. The residential lots are typically 85 to 95 feet in depth, and are between 24 feet and 61 feet in width. The residential lots will be sold on a fee simple basis. All of the residential units will be afforded a view of the canal to the south of the proposed development. The residential portion of the project may be accessed from Hickory Drive or from the commercial portion of the development. A public gathering place within the residential portion of the proposed development (see attached Site Plan) will allow residents the opportunity to socialize outdoors. The gathering place is connected to the commercial portion of the proposed PUD and will allow a simple pedestrian connection between the site's uses. The commercial portion will include eight (8) apartments located over the commercial businesses. These apartments shall be rental units that vary in size between 895 square feet and 1,443 square feet. PERMITTED USES: The permitted uses for the project will be approved as a condition of approval, and the following uses shall be permitted with the Planned Unit Development: 1. The permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district, with the exception of "churches ", "nursery or day care ", and "laundry, self - service ". 2. apartments 3. townhouses 4. professional and business office 5. medical and dental office 6. blueprinting service 7. art studio, art gallery, and art supplies 8. commercial photography studio 9. camera and photographic supplies 4 10. tailor 11. costume /tuxedo rental 12. locksmith 13. bicycle shop 14. hardware store 15. confectionery and ice cream shop 16. tobacco shop 17. clothing and accessory store 18. cosmetics shop 19. electronics sales and repair 20. optical store 21. furniture store 22. liquor store 23. food market 24. shoe store 25. sporting good store 26. toy store 27. music store 28. household furnishing store 29. luggage store 30. linen shop 31. interior decorator shop 32. newsstand 33. paint and wallpaper store 34. video rentals (family oriented) 35. veterinarian (overnight pets subject to City performance standards) 36. pet shop, including overnight pets (in a soundproof building) 37. china, crockery, glassware, and earthenware shop. The permitted and conditional uses in the CN zoning district, as referenced above, are: 1. antique store 2. appliance store 3. apothecary 4. retail bakery 5. bookstore 6. delicatessen 7. drugstore 8. gift shop, cards 9. grocery store 10. hobby supply store 11. jewelry store 12. restaurant (including on- premise consumption of liquor, beer and wine) 5 13. bank/financial institution 14. barbershop or beauty shop 15. dry cleaning 16. laundry and /or dry cleaning pickup station 17. picture framing 18. reducing salon 19. shoe repair shop 20. police substation 21. post office 22. museum 23. private club or lodge 24. library or reading room 25. public recreation center 26. indoor theater OPEN /COMMON SPACE: Several areas have been provided for public use. These open areas are intended to be used as meeting places by residents, employees, and patrons of the development. Specialty pavers and fountain features are proposed throughout the entire development. There is one major area that is a major focal point within the parcel, and is delineated on the site plan. The focal point will be supported by landscaping and a piece of artwork, and will be the most northerly link between the commercial and residential portions of the proposed PUD. LANDSCAPING: The existing sidewalk system along PGA Boulevard will be slightly realigned as a result of this project, but will remain with connections branching southward to provide access to the subject property. Oak trees will line the sidewalk system and provide shade for pedestrians. Within the focal area or gathering place will be a formal and open landscape architectural theme. This will allow views for passers -by without having a walled effect. Informal and more closed landscape architecture will occur between the gathering place area, which will provide more privacy and will "soften" the effect of the structures. WASTE MANAGEMENT.- All dumpsters within the retail and office portion of the site will be located indoors in ventilated rooms in rubber containers, for the cafe and restaurants, will be air - conditioned and the trash will be bagged so as to reduce noise and minimize their impact on the development by screening them from the public's view. Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas will be walled with a six (6) foot high wall. Townhomes will have driveway pick -up. C PARKING: The number of parking spaces required for the townhomes is 44, and 57 spaces are being provided. The number of parking spaces being provided for the mixed -use section (commercial /apartments) is 170. The justification for the 170 parking spaces in the mixed - use section is detailed in an analysis prepared by David Plummer & Associates dated July 13, 1998 that indicates peak period parking utilization and hourly variations (see attachment). Staff also reviewed the parking for the mixed -use section based on the criteria used for shopping centers (1/200 square feet), and estimated the required parking for the mixed -use section to be 173 spaces. SIGNAGE: No signage is being proposed as part of this application. The applicant requested additional time to determine the exact type of signage and appropriate location thereof. When a signage package is completed, the applicant shall submit it to the City for review and approval. BUFFERS: Although there is an existing hedge between the subject property and the Woodland Lakes condominium project to the west, no new hedges, walls, or fences are being proposed around most of the development. Florida Gamma Grass (Tripsacum Floridana), Lily Turf (Liriope Muscari), Cocoplum, and Medium Live Oak Trees (Quercus Virginia) will be used on the western edge of the site to buffer the project from the neighboring residents. A six (6) foot high wall is also being proposed along the parking area to buffer the residential district to the south from the proposed commercial area. The proposed landscape plan provides 13,110 points, which is 6,091 more points than the required 7,019. WALKWAYS: Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street (Hickory Drive). A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. SITE ACCESS: Vehicular access to the site is proposed from three (3) locations. One (1) access is directly off of PGA Boulevard at the western -most edge of the subject property, and the other two (2) are located along Hickory Drive on the east side of the property. One hundred feet have been provided for stacking at the PGA Boulevard egress, and at the most northerly Hickory Drive egress point. City traffic engineers have found that this project meets concurrency. LIGHTING: The pedestrian areas will be highlighted with "acorn hat" light fixtures to provide adequate light for safety purposes and also to establish a residential environment within the pedestrian areas. The vehicular areas, however, will be lighted by 25 foot high top mounted poles. STAFF'S REVIEW & COMMENTS: Building Division: Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. Engineering: Assistant City Engineer Tammy Jacobs has reviewed the revised plans for the proposed project, and her comments are attached to this report. Mrs. Jacobs has recommended several conditions of approval, which have been included in the list of conditions for approval put forth in this report and the ordinance drawn up for this project. Utilities: Seacoast Utility Authority requested the applicant submit conceptual utility service (water, sewer, gas and wire) plans for review, and the applicant complied. Seacoast has no comments at this time regarding this project. Fire Scott Fetterman, Assistant Chief /Fire Marshall, has no further concerns regarding access. Police Department. The Police Department has submitted a list of recommendations to which the applicant has responded. Sergeant Jay Spencer is continuing to request a pedestrian connection across the entrance to Avenue of the PGA and the western entrance to Parcel 2 as shown at the entrance to Hickory Drive and the eastern entrance to Parcel 3. He is also requesting two (2) additional deceleration lanes along PGA Boulevard (eastbound); the first at the western entrance to Parcel 2, and the second at the entrance to Hickory Drive. The applicant has responded that the number of expected turning movements does not warrant more deceleration lanes based on the City's traffic impact review. Planning & Zoning Division: City Forester Mark Hendrickson has also reviewed the plans and has made several comments and suggestions regarding this project. Mr. Hendrickson's comments are 8 attached to this report, and include his comment that the required 15 -foot landscape buffer along Hickory Drive (adjacent to a residential area) is not shown on the plans. Mr. Hendrickson has added some conditions of approval, which require the applicant to maintain landscaping in the medians on Hickory Drive and within the canal easements. The applicant shall also be required to pay half of the maintenance costs for the medians adjacent to the site along PGA Boulevard. Mr. Hendrickson has reviewed the most recent draft of the conditions and has some comments. His concerns include the location of drainage and utility easements and the use of outdoor display along the PGA Boulevard Corridor. Mr. Hendrickson's concerns have been addressed with the conditions of approval. Public Works Department. Bob Patty, Public Works Director, has also reviewed the plans and has made three comments regarding the project and the need to properly maintain the water /drainage conveyance of the canal on site. First, Public Works will need an access point into the area surrounding the canal. Secondly, Public Works needs a twenty (20) foot maintenance easement or clear zone next to the canal. Finally, the ground cover along the bank of the canal shall be short in height. These requests have been added as conditions of approval. The applicant has submitted a canal cross - section acceptable to Mr. Patty. It is now being considered by South Florida Water Management District. On October 28, 1998 the applicant met with City Staff to discuss the proposed cross - sections. The applicant has agreed to submitting detailed cross - sections to the City Engineer for approval. The detailed cross - sections were submitted on January 4, 1999, and are currently being reviewed by the Assistant City Engineer and the Director of Public Works. The applicant is also currently working on the final details of the landscaping along the canal banks. PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on August 25, 1998 as a workshop and on September 22, 1998 as a recommendation to City Council. The Commission recommended approval of this project with a vote of 4 - 0. The Commission had the following conditions, which shall be applicable to the applicant, and its successors and /or assigns: 1. The following uses shall be the only permitted within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self - service laundry facilities; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; 0 costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City. (Planning & Zoning) 3. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for maintenance of the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, City Attorney) 4. Prior to construction plan approval, the applicant shall provide on the construction plans two (2) access point into the canal area. (Building) 5. The applicant, and its successors and /or assigns shall ensure that the ground cover along the bank of the canal shall not exceed three (3) feet in height. (Public Works) 6. The applicant, and its successors and /or assigns shall maintain the landscaping within the canal easement south of this site, from Hickory Drive west, to a line perpendicular to their western terminus. (Public Works) 7. Prior to the adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (City Attorney) 8. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up no earlier than 6 a.m., and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 9. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 10. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. The applicant shall also utilize existing material to grade the canal right -of -way. Under no circumstances shall the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. (City Engineer) 11. Prior to the issuance of the first building permit, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning & Zoning) 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the five (5) foot access aisle and handicap pavement symbols. (City Engineer) 13. Prior to construction plan approval, the applicant shall provide documentation showing that the existing 10 -foot Seacoast Utility Authority easement has been abandoned. (City Engineer) 14. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. The applicant shall work with the City Engineer and the City Forester and the utility companies to resolve any potential conflicts, with the intent being that the landscape design and engineering plan shall not be changed significantly (more than 25 %). If the conflict cannot be resolved, the applicant shall be required to obtain approval from the City Council. (City Engineer, City Forester) 15. Prior to construction plan approval, the applicant shall provide written authorization from each of the utility owners affected by this site plan, allowing the applicant to pave and landscape within said easements. The applicant shall work with the City Engineer and the City Forester and the utility companies to resolve any potential conflicts, with the intent being that the landscape design shall not be changed significantly (more than 25 %). If the conflict can not be resolved, the applicant shall be required to obtain approval from the City Council. (City Engineer, City Forester) 16. The building phasing program shall be the following: Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and /or sales model. The townhouse building and /or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 17. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 15,000 square feet of recreation credits for Parcel 2 from the Foundation credit pool. (Building) 18. The applicant, and its successors and /or assigns shall maintain the landscaping within the road shoulder and medians east of this site, within Hickory Drive from the intersection of PGA Boulevard south, to the canal at their southern terminus. (Code Enforcement) 19. The applicant, and its successors and /or assigns shall pay one -half (%2) of the continuous maintenance cost for 430 linear feet of landscaping located within the median of PGA Boulevard, commencing from the intersection of Hickory Drive and PGA Boulevard, to the western terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant, and its successors and /or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, and its successors and /or assigns. (Public Works, Finance) 20. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans. (Building) 21. Any conversions of uses involving more than five (5) percent of the total approved commercial /retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 22. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the' minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance 12 Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 23. The applicant shall not maintain, or intentionally or unintentionally alter the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall help the City monitor the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 24. The applicant, his successors and /or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 25. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard'and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and /or assigns. (Planning & Zoning) Some of these conditions have been added and/or revised since the Planning and Zoning Commission meeting because of requests made by the applicant and concerns raised by Staff, including Public Works Director Bob Patty, City Forester Mark Hendrickson, and Assistant City Engineer Tammy Jacobs. STAFF RECOMMENDATION (monitoring entity): The staff recommends approval of petition PUD -98 -04 with the previously listed conditions from the Planning and Zoning Commission, and the following condition: 1. Prior to the issuance of the first building permit, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans and be completed prior to the issuance of the first Certificate of Occupancy. (Building) CITY COUNCIL - FIRST READING (1121/99) At its January 21, 1999 meeting, City Council expressed its concern regarding the proposed permitted uses with the project. The Council stated that it believed that a "gymnasium or fitness center" within the uses requested by the applicant, and "church" and "nursery or day care" as permitted uses for the project (which are permitted uses listed under the Commercial Neighborhood - CN zoning district), would not be appropriate for this project. Council further stated that a workshop would be conducted at the February 4, 1999 City Council meeting to review the proposed uses for the project. Finally, Council stated that a sidewalk would only be necessary along the southwest side of Hickory Drive. RECENT STAFF RECOMMENDATIONS & REVISIONS Staff recommends that the listed CN district use of "laundry, self - service" be specifically eliminated from the allowable uses on the site; the revised ordinance for the project reflects this recommendation. Furthermore, Staff has revised condition #2 in the ordinance so that the criteria for administrative approval of outdoor seating is more clearly understood. Condition #4 was also revised because only one (1) access point (instead of 2) is needed for maintenance of the canal area. The future sign approval process (condition #9) was also revised; future signs will only be reviewed by City Council (the Planning and Zoning Commission will no longer be involved in the process). Staff has also amended condition #21 so that a conversion of use, that involves no more than 5% of the total approved commercial /retail square footage, can be approved administratively. This condition ( #21) was revised because it is unlikely that the commercial /retail. area will be leased to businesses at the exact percentage as is being stated now in this report. . CITY COUNCIL - WORKSHOP FOR PROPOSED USES (2/4199) At its February 4, 1999 meeting, City Council expressed the need for the following revisions: The use of "travel agency" shall be included in the list of permitted uses for the project. Condition #1 of ordinance revised to reflect this change. 2. Restaurant kitchens and garbage enclosures shall have filtered exhaust systems that comply with the City's Land Development Regulations. Condition #27 has been added to the ordinance to reflect this change. City Council also expressed concern regarding the proposed use of "health club ". Council requested that the applicant submit more information (especially regarding the maximum square footage that would be permitted) if the applicant continued to desire that use of "health club" be permitted on the site. Subject Property Residential Medium Residential High Density Vacant Density (RM) (RH) Residential Medium Density (RM) North Residential Medium Residential Medium Residential Density (RM) Density (RM) South Planned Unit Dev. (PUD) Residential Low Density Residential with underlying RM (RL) East Residential Medium Residential Medium Vacant & Residential Density (RM) Density (RM) Residential Low Residential Low Density Density - 2 (RL2) (RL) West Planned Unit Dev. 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Y4 }:L;.}•f,.}ii ?$ii'r'rk: }: ^:::: \:::4 +kJi{.k.. :4.r'r' >•:} ii;:ii::i ::::::::::.:.:v:: xn:. , n... :, ........ .:;:., n..:xu.:v + ... ....n:v:: }: ::Mvr....... }...:,r,.::• ? }k4;. r �.j�11.�� n............ 4.....:.... n.... ............v .......... .... .... .�'•v v....: ..........::....... w:::.v:::: }:::: f.: }. }v: rw�.};. }:8:?•i' ki::: }i:::i��.'Fi isk...' ............:'...............'..._ ...':...:::v:�::::ii�:ir :�:•::: i::::: i:: i::ii:::::: >:::::i::::i'::i:�:: iii:::: r::.: i:: i ::.'k: :::k:::;::::i'::::}:: ?::: iii; i'::..::}:..:....: i}::}::.::: i::: i::::::: i:::::::::::: i:: ii'::::::::::: k::::::: i:: i:::::: i::: ji::::: ii:::-'." v�••••': : }:::k:.v.:�::::::i::ii:::::::: Shall be developed as a PCD or a PUD. Proposed to be developed as a PUD. YES Shall have frontage on at least one arterial. Proposed to abut PGA Boulevard. YES Shall include a minimum of 2 of the other Proposed to develop both residential and YES Future Land Use Categories, including commercial on the site. Residential, and having no use comprise more than 60% of the area. The individual uses, buildings, and/or Proposed project has interconnecting YES development pods within MXD districts walkways, and facilities for residents and shall include interconnecting pedestrian customers to gather. These public use ways and plazas and shall provide facilities include plazas, gazebos, a lawn, connections to the Parkway System. and a fountain. : :F- }}:�:::: {::. . + ...::. .. ....: .v. ,: ....n........... ?; .............. ..;?,v..........: } }:. }'•v }:• }:: n } }:nv. }•: n.{;:: nv{} vvY: ...: is r; � �:. '• :.:. `: } }<} �: �i:� `.:::::':{j {ti r::::::?.• nv:::::::::::::::?::::•:•}:•}}:•}}:•}} i}: • }:k• }:• }f• }: ?• } } } }'v:.v:::nv:: .� � •::: <:i::rii::::i::n:. '•' .� ii : :ti:�iu:. k ::::: :::: :. :: .::}: :i:: :ti {: {C:::. k:: :: .: .'v::i w: nv } }::. +. ?.:: ?v:::: ,:••?,.,...,..,.,•,.,. 1,.' v.•,.,}:.•,.,:{•,.-.,:....,,,,,,,,.,L: .•,- ,,,,.,,�„ } }J}:,,.1•,. } }.::. ::i ; ri? ::: .:: :: ::..� :::: : :• :i::i: } }. ...... ..... .�:;•'.. };. :i :�' .� •: :. .. :: .. .. k.;;. } }:•v.:: n }i ;i ':;:'' ^: :i i:i: .:r• ...... .� . • ••-. ? .:iiil•� :::::1:: ?i;:i ::ij: :«?:t ::::::. :... ...... :: f�. .......:,,.,�.Y7.:.....:....... �.: �:<. isi :is:t isiji.::ii`4i:::iii�ii }�:? iii::i:::i 'i i:: ::ik: iii :::�'.:iiti :i3'::: ::: :.;:{.;:.;:.;:-} i. ��S. �d�, �,' �,'„' ,'.F`- �1,��,��`��.7.:'•�..'�i:: �:::::.:..:.. `:::::::ii <: iii:: }Ji:::' ?:i:• ..h... .....' .............. ....... .....•: ••.:i::i ii::::::::i: is ?:::i:::: .........:. >:. } }:- : :- ;: ?�'��;�i 't�'. -:�.i :. ; (#}� ?`j } }:.i:.i:. } } }:. } } } }r; - }: PARKING for townhomes 57 spaces YES shall be at least 44 spaces. PARKING for mixed -use 170 spaces NO (deviation) section shall be at least 173 spaces (shopping center criteria of 1 space per 200 square feet). SETBACKS (for townhomes): Front = 30 feet 10 feet NO (deviation) Front to garage = 20 feet 20 feet YES Sides = 20 feet 4 feet NO (deviation) LIRear ­210 feet 11 feet 3 inches NO (deviation) Amendment 1 to Ordinance 8, 1999 The text of proposed Ordinance 8, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 2(1), by inserting after "Neighborhood Commercial (CN) zoning district" and before the next semicolon, the following: "with the exception of churches, nurseries or day care facilities, and self - service laundry facilities "; by deleting the uses "gymnasium and fitness center," which are after "locksmith;" and before ` ;bicycle shop "; and by inserting after "glassware and earthenware shop" and before the period, the following: ", and travel agency "; so that it shall read: "The following shall be the only permitted uses within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self - service laundry facilities; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gy11111Us -A-ar1 uill�► LLl11VJJ %AIIALld, bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop, and travel agency. (Planning & Zoning)" B. Amend Section 2(2) by rewording the existing paragraph form from, "2. Outdoor display immediately adjacent to a place of business shall be permitted, in a manner in which enhances the pedestrian spaces, for the following businesses: florist, food market, and arts and crafts specialty store. Such display area shall be located immediately adjacent to its accompanying place of business and shall extend no more than four feet from the outside wall of the subject business. At no time shall an outdoor display area exceed 40 square feet. At no time shall an outdoor display area impede pedestrian access. The display area shall not extend into the 55 -foot PGA Boulevard Corridor. Exceptions for outdoor display may be made for special events as approved by the City. (Code Enforcement) ", into list form so that it shall read: 442. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City. (Planning & Zoning)" C. Amend Section 2(9), by deleting after the words ("subject to review") and before the words ( "by the City Council "), the following: "by the Planning and Zoning Commission for its recommendation and "; so that it shall read: "The project signage package shall be subject to review by c L,1C"ILII11r, --A '7--'-- ZmAL111g """`°''""'"" ` r a by the City Council for its consideration of �V11LL111JJ1V11 LVl LW 1V1iV111111VLLU"11V11 Q11U approval. (Planning & Zoning)" D. Amend Section 2(21), by inserting after the word ( "uses ") and before the words ("shall be "), the following : "involving more than five (5) percent of the total approved commercial/retail square footage "; and by inserting after the period and before the words ("(Planning & Zoning) "), the following: "The conversion of medical office to general office shall be exempt from this requirement. "; so that it shall read: "Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement (Planning & Zoning)" E. Amend Section 2(26), by deleting after the word ( "approval, ") and before the words ( "of Hickory"), the following: "sidewalks on both sides ", and insert after the-word ( "approval, ") and before the words ( "of Hickory"), the following: "a sidewalk on the southwest side "; and deleting after the words ( "consturction of the ") and before the words ( "shall be completed "), the following: "sidewalks ", and insert after the words ( "consturction of the ") and before the words ( "shall be completed "), the following: "sidewalk "; so that it shall read: Prior to construction plan approval, sid all-'s Vll both siucs a sidewalk on the southwest side of Hickory Drive shall be indicated on the construction plans; construction of the 3L%ACV asks sidewalk shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) F. Amend Section 2 to include the subsection (27); so that it shall read: "27. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. (Code Enforcement)" February 5, 1999 ORDINANCE 8,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF CHANNING CORPORATION XXX FOR REZONING OF 8.997 -ACRES OF LAND LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, IMMEDIATELY WEST OF ITS INTERSECTION WITH HICKORY DRIVE TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT 17 TOWNHOMES, 6,606 SQUARE FEET OF GENERAL OFFICE, 7,150 SQUARE FEET OF MEDICAL OFFICE, 12,654 SQUARE FEET OF GENERAL RETAIL, 3,300 SQUARE FEET OF INDOOR RESTAURANT, AND 1,675 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH 8 APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Charming Corporation XXX for rezoning of 8.997 acres of land located at the southwest corner of PGA Boulevard and Hickory Drive, as more particularly described in Exhibit "A" attached hereto, to a Mixed -Use Planned Unit Development; WHEREAS, a portion of the 8.997 acres of land involved is presently zoned as Residential High (RH) with land use designations of Residential High (RH) and Mixed -Use (MXD), and a portion is presently zoned as Residential Medium (RM) with a land use designation of Mixed -Use (MXD); WHEREAS, the City's Growth Management Department has recommended approval of "The Commons Parcel 2 "; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Channing Corporation XXX for a mixed -use PUD of 8.997 acres located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive, as more particularly described in Exhibit "A" attached hereto; from Residential High and Residential Medium zoning, to Mixed -Use Planned Unit Development, in order to construct 17 townhomes, 8 apartments above retail, 6,600 square feet of general office, 7,150 square feet of medical office, 12,654 square feet of general retail, 3,300 square feet of indoor restaurant use, and 1,675 square feet of outdoor restaurant use to be known as The Commons Parcel 2. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. The following shall be the only permitted uses within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self - service laundry facilities; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop, and travel agency. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by Staff, based on the following criteria: a. Outdoor display areas shall be restricted to the following uses: florist, food market, and arts and crafts specialty. b. Outdoor display areas shall be located directly adjacent.to its accompanying place of business. C. Outdoor display areas shall not extend more than four (4) feet from the subject business' outside wall, and shall at no time exceed forty (40) square feet in size. d. The outdoor display area shall not impede pedestrian access. e. Outdoor display areas shall not extend into the 55 -foot PGA Boulevard Corridor Overlay. f. Outdoor display areas shall not exceed six (6) feet in height. g. Exceptions for outdoor display may be made for special events as approved by the City. (Planning & Zoning) 2 3. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for maintenance of the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, City Attorney) 4. Prior to construction plan approval, the applicant shall provide on the construction plans one (1) access point into the canal area. (Building) 5. At no time shall the ground cover along the bank of the canal exceed three (3) feet in height. (Public Works) 6. The applicant, and its successors and/or assigns shall maintain the landscaping within the canal easement south of this site, from Hickory Drive west, to a line perpendicular to their western terminus. (Public Works) 7. Prior to the adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (City Attorney) 8. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up no earlier than 6 a.m., and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) ' 9. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 10. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No Certificate of Occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. The applicant shall utilize existing material to grade the canal right -of -way. However, under no circumstances shall the applicant utilize the excess fill from the canal right -of -way to improve the Commons site. The applicant acknowledges that the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. (City Engineer) 11. Prior to the issuance of the first building permit for vertical construction, all infrastructure for the proposed project shall be completed and accepted by the City. (City Engineer, Planning & Zoning) 3 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the five (5) foot access aisle and handicap pavement symbols. (City Engineer) 13. Prior to construction plan approval, the applicant shall provide documentation showing that the existing 10 -foot Seacoast Utility Authority easement has been abandoned. (City Engineer) 14. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 15. Prior to construction plan approval, the applicant shall provide written authorization from each of the utility owners affected by this site plan, allowing the applicant to pave and landscape within said easements. (City Engineer) 16. The building phasing program shall be the following: Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and/or sales model. The townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 17. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 15,000 square feet of recreation credits for Parcel 2 from the Foundation credit pool. (Building) 18. The applicant, and its successors and/or assigns shall maintain the landscaping within the road shoulder and medians east of this site, within Hickory Drive from the intersection of PGA Boulevard south, to the canal at their southern terminus. (Code Enforcement) 19. The applicant, and its successors and/or assigns shall pay to the City one -half ( %2) of the total cost of maintenance for 430 linear feet of landscaping located within the median of PGA Boulevard, commencing from the intersection of Hickory Drive and PGA Boulevard, to the western terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant, and its successors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, and its successors and/or assigns. (Public Works, Finance) 20. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans. (Building) 4 21. Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 22. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 23. The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 24. The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 25. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and/or assigns. (Planning & Zoning) 26. Prior to construction plan approval, a sidewalk on the southwest side of Hickory Drive shall be indicated on the construction plans; construction of the sidewalk shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) 27. The restaurant's kitchen and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitled, "Smoke ", of the City's Land Development Regulations. (Code Enforcement) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. September 1, 1998 Overall Site Plan, Oliver • Glidden & Partners, 1 Sheet. 2. October 25, 1998 Site Plan by Oliver • Glidden & Partners, Sheets SP -2, SP -2A (2 sheets total). 5 3. September 28, 1998 Floor Plans, Oliver • Glidden & Partners, Sheets A -1, A -2, A -2.1 (3 sheets total). 4. October 25, 1998 Exterior Elevations, Oliver • Glidden & Partners, Sheets A -3.1, A -3.2, A -3.3 (3 sheets total). 5. August 28, 1998 Exterior Elevations and Floor Plans, Oliver • Glidden & Partners, Sheet A -3.4. (1 sheet total). 6. September 28, 1998 Exterior Elevations and Floor Plans, Oliver • Glidden & Partners, Sheets A -6, A -7, A -8 (3 sheets total). 7. October 25, 1998 Exterior Elevations /Color Locations, Oliver • Glidden & Partners, Sheet C -1 (1 sheet). 8. December 7, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L1, L2, L3, L4, L7, and L9 (6 sheets total). 9. September 29, 1998 Landscape Architecture Plans, Environment Design Group, Sheets L5, L6, L8, L 10, and L 11 (5 sheets total). 10. August 28, 1998 Rights of Way and Access Easements, Oliver • Glidden & Partners, Sheet AE -1 (1 sheet total). 11. September 22, 1998 Conceptual Water, Wastewater, and Drainage Plan, Keshavarz & Associates, Inc., Sheet 1 of 1 (Drawing #: 97600 -2). 12. August 28, 1998 Photometric/Lighting Plan, Oliver • Glidden & Partners, Sheet SLP -2 (1 sheet total). 13. September 28, 1998 Boundary & Topographic Survey, Lidberg Land Surveying, Inc., Sheets 1, 2, 3, and 4 (4 sheets total). 14. December 31, 1998 Canal Cross Sections, Keshavarz ,& Associates, Inc., Sheets 1 and 2 (2 sheets total). SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g/short:pud9gO4.or7 !I JANUARY '1999. '1999. '1999 COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 7 Exhibit "A" _,(A( 'T LEGAL DESCRIOT1ON QE THE SUBJECT PROPERTY (Attach if insufficient space) A PARCEL OF LAND SITUATE IN SECTION 11, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION I I LYING WESTERLY OF THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE SOUTH 00° 39' 17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD, AND THE POINT OG ,BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00° 39' 17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,065.29. FEET; THENCE NORTH 89° 19'53" WEST, A DISTANCE OF 125.30 -FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00° 39' 17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287A6 FEET; THENCE SOUTH 79° 11' 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 000 45' 28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89° 14; 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 8.997 ACRES, MORE OR LESS. LOCATION The subject property. is located approximately-..Zero (0) mile (s) from•the intersection of PGA Boulevard and Avenue of the PGA , on the (nerth, east, south, west) side of , PGA Boulevard Property Control No. (s) of the subject parcel (s) 544242 -11 -00-000 -1030 LO* -�-- _-U. lv. u 44 i 441"'1 L n r n 11Y#. 1 N. 0A -4 - . t 1C, bCo UNPAHL, BROWNING, FERRARI & "ELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS N►EMORANDUM �t TO; Marty Minor FROK Tammy Jacobs DATE: December 30,1995 SUDECT; The Commona — Parcel 2 (LUM File No 984005) We have reviewed the revised Site Plan prepared by Olivet & Glidden & partners and revised Landscape Plan prepared by Fluvirontaont Design Group received December 10, 1998. We offer the following continents; 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to City Council approval, the applicant will need to submit canal cross - sections satisfying the Same criteria as the cross-sections prepared by Keshavarz & Associates for Parcel l and Parcel 3. Public Works Department, PlAnning & Zoning Department and Engineering Department will review parcel 2 dross- sections to determine that they are mutually acceptable to the City. As a condition of approval, the applicant will utilize existing material to grade the canal right -of way. Under no circumzt=ces should the conttu, or utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Aepartrn=t will then 44eess the canal casement to perform the needed mainte=wc dredo.4"Z and utilize the excess material to complete the arom- secdons at the water's edge, Further, the timing for completion of the canal improvaments will need to be determined by staff and an additional condition drafted accordingly. i 3) Conditionally Satisfied. The applicant has provided Paver ClWfioatign Details prepared by Oliver Qliddcn & Partners dated December 23, 1998. The de+nils specify that the 4" double . striping will be comprised of white pavers and the 2' overhang Area will be comprised of white pavers. Prior to comstruotion plan approval, the applicant shall submit to the City for review and approval samples of the contmsOng paver colors to be used for handicap diagonAl striping within the 5' access aisle and handicap pavement symbols, 4) Satisfied. The applicant has shown the proposed bollards on Site PIan sheets SP -2 and SP- 2A. Conditionally Satisfied. The applicant 11is revised the site plan and lan4c4pe plate to show all existing casements as shown on the boundary Survey. Prior to constmetion plan approval, the applicant will need to provide documentation showing the existing 10' SUA easement has been a 39a�d &w � AY a PAW CITY. PLOR OA 84990 • (661190"SM;* rA (01) 996.3925 ht1pVAVWW ID t,cem • wnwlk kt f*lh.catt PALM CITY WEST PALM ICAICH FORT PIERCE OKEEC409EE L•�.1J7t7 4 %41t'11 L b t H 11`R IYJ.b14 f ..111 H The Commons — Pa real 2 (LBFH F'Re No 984Q05) 2 6) Previously Satisfied. 7) Previomly Satisfied. 8) Previously Satisfied. 9) Previously Satisfied, 10) Prcviously Satisfied. 11) Previously Satisfied. 12) LDR Section 118 -567 requires loading spaces to be a auniin= of 12'x 25'. The applicant is proposing two loading spaces at 14'x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. 15)Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the pr+oposcd storm sewer casements on the site plan and landscape plan. 20) Previously Satisfied. 21) Previously Satisfied. ✓22) Conditionally Satisfied. Prior to causpiction plAu approval, the applicant will need to provide wzitten authorization from the utility owners allowing the applicant to pave e4d laudsoape within said easements. 23) Previously Satisfied, 24) Previously Satisfied. UC- 4.:Jb.17�� 4•atfrr, �. o � f1 11 `6.. Tile Commons Parcel 2 (LBFH Fila No 98 -005) 25) Previonsly Satisfied, TJ/MA, PAPBCzWMO\00005p - Paxel 2.doc c; Bobbie Herakovich Roxt=e Manning 3 Memo To File From: Mark Hendrickson, City Forester A // " Subject: PUD- 98 -03, 04 and 05, The Commons Parcels 1, 2 and 3 (site plan review) Date: December 30, 1998 I have reviewed the most recent site plan submittals for the above - referenced projects and provide the following comments: This is the fast time I have not requested curbing around the planters in front of the residential units. Most of them are larger than what occurred in PGA National M -3 and Mira Floras or what is being proposed in Catalina Lakes and Marina Gardens. I will be monitoring these sites to see how these planters hold up over time. If maintenance problems start to occur with these areas before the projects are finished, I believe the developer and I can work out a solution. One idea is to use the same paver blocks used on the driveways to create a modified curb in the areas hardest hit by car traffic. Some of the building elevations, for example A -3.1 west elevation - Building "B ", continue to show the pergola attached to the building. I know this has been resolved and floor plans are correctly showing the detached pergola. None of the drawings show elevations of the "optional awnings" over the outdoor seating areas. None of the drawings indicate a typical table and chair within the outdoor restaurant dining area. I predict that the City would want the outdoor dining areas to be compatible to the surrounding buildings, hardship and landscaping. I recommend that.all outdoor dining areas be reviewed and approval by the applicant (developer), prior to the petitioner submitting their design to City staff for administrative approval, per the outdoor seating code. Memo To File From: Mark Hendrickson, City Forester A!4 Subject: PUD- 98 -03, 04, 05, The Commons Parcels 1, 2 and 3 (ordinance review) Date: December 30, 1998 I have reviewed the above - referenced project's proposed ordinances and provide the following comments: For example: Parcel I, conditions 8, 9 and 10 all relate to indicating drainage or utility easements on the landscape plans, and authorization from the various easement holders to approve the landscaping after City Council has approved the landscape plans. At the time of City Council approval, there should not be any conflicts between drainagetutilities and landscaping. This is never the case. There should be a note to each of the previously mentioned conditions that states that the City Engineer and the City Forester shall work with the petitioner and the utility companies to resolve any conflicts, with the intent being that the landscape design shall not be changed significantly. If the conflict can not be resolved, the Site Plan and Appearance Review Committee shall intervene. Condition 20 deals with outdoor display not extending more than four (4) feet from the adjacent business. This condition is in direct conflict with the PGA Boulevard Corridor overlay, by becoming an extension of a business area, similar to the outdoor restaurant space, into the 55' wide PGA Boulevard corridor. It also requires a waiver from the Section 98- 66(b)(4). which requires outdoor sales to be screened from public view, Staff has all ready had this conversation with the petitioner with regard to the outdoor restaurant seating. The petitioner has agreed to not extent restaurant business into the 55' PGA corridor. This general guideline should be applied to all businesses. Condition 20 should be amended to read "The display area shall not extend into the 55' PGA Boulevard Corridor. Exceptions may be made for special events as approved by the City." (1) U L L V Cu Lr) O O '-n O M � N Ln (n O 0, t\ M r4%*j 00 1 1 1 (U E m fu 4.j L 4- 4 J � (U 00 0 ac rc ac �— Q x..... ....... 0 K t O Q IS USH :J .. Vie,; If-III •d N V1 O ct O ct O O > Li Ll kn uj 33 On 0 1 t- 1 a I-- I (I All • osecx 44.4• rr.a R1 4 all uj 0 O iu> d O V1 0 r L 1 r 0 'i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 11, 1999 Date Prepared: January 27,1999 Subject /Agenda Item Public Hearing/Second Reading: Ordinance 9, 1999 — The Commons Parcel 3 PUD Recommendation/Motion: Staff recommends approval of Ordinance 9, 1999, as modified by Amendment 1. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney �W Growth Mana ent Total [ ] Finance NA ACM $ Current FY [ 1 Approved w / conditions V [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Site Plan ) Not Required City Engineer Comments Submitted by: Growth Management Dir Affected parties [ ] Notified Budget Acct.th: [ ) None Approved by City Manager [ ] Not required REQUEST: Petition PUD- 98 -05, a request by Urban Design Studio, agent for Channing Corporation XXX for re- zoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 53 residential units, and 72,450 square feet of commercial business. The 12.266 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. (12- 42S -42E) Agenda Cover Memorandum Page 2 BACKGROUND: February 11, 1999 The Commons Parcel 3 is a 12.266 -acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. To the east of the subject property is vacant land, which is zoned Commercial. Immediately to the west of the subject property is vacant land, also under contract to be developed by the Channing Corporation XXX, as The Commons Parcel 2. Directly to the south of the subject property is a canal. Further south of the canal is a residential development, which is part of the JDM plat. This petition was before the City Council for a workshop on November 19, 1998, at which time, the Council members did not have any concerns. On January 21, 1999, this petition was before the City Council for First Reading. Council members discussed proposed uses and scheduled a Workshop meeting on February 4, 1999 to further discuss the matter. The property is currently owned by the John D. and Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Channing Corporation XXX intends to develop the entire parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. See table below. Residential: 11 Office: 11 General Retail: 11 Restaurant: 21 Townhomes General: 32,861 s.f. Indoor: 42,171 s.f. 22,609 s.f. 8,200 s.f. (369 seats) 32 Apartments Medical: Outdoor: 37,932 s.f. 5,420 s.f. 3,360 s.f. (151 seats) The development will occur in a single phase. REVIEW PROCESS: This is a request for re- zoning and PUD approval. The PUD request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. After review of the proposed PUD at a workshop meeting, the Planning and Zoning Commission shall schedule a public hearing for which the applicant shall provide proper notice to surrounding property owners. At this meeting, the Planning and Zoning Commission shall prepare a record of the proceedings and transmit them to the City Council, along with their recommendation. The City Council shall hold a public hearing after giving due public notice. The City Council reviews the request for PUD approval for consideration of approval, approval with conditions, or denial. The City's Development Review Committee (DRC) discussed the request at their August 18, 1998 meeting. A listing of the various departmental comments is attached for your review. Agenda Cover Memorandum Page 3 LAND USE AND ZONING: February 11, 1999 The subject property was approved on December 17, 1998 for a land use designation change from RM - Residential Medium Density to MXD - Mixed Use for the most northerly 9.6 acre portion of the property. The subject property currently has a zoning designation of RM - Residential Medium Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 12.266 -acre parcel. Due to the location of this property on PGA Boulevard and the requirements of the PGA Boulevard corridor overlay, the proposed development will trigger the requirement for a re- zoning to a Planned Unit Development District. In addition, all mixed use districts are required to be developed as PUDs. Therefore, the applicant is also requesting for re- zoning to a PUD District. PROJECT DETAILS: Traffic Concurrency Vehicular access will be provided from Hickory Drive at the westernmost edge of the property and from the commercial portion of the development off PGA Boulevard (see site plan). One hundred feet have been provided for stacking at all egress points. Some traffic improvements will be required as a result of this development. They include: • southbound left turn lane along Hickory Drive. • westbound left turn lane along the PGA Boulevard full access entrance. These improvements have been shown on the site plan. City traffic engineers have found that this project meets concurrency. Residential Buildings Twenty -one of the residential units. proposed for the parcel will be two, three and four -unit townhomes. The units are all two stories with one story edges and will contain an estimated 1,550 square feet of enclosed living area. The residential .lots are typically 85 feet in depth and between 25 and 40 feet in width and will be sold on a fee simple basis. Commercial Buildings There are twelve commercial buildings proposed, which will be one, two and three stories. Four of the buildings with have three stories with apartments above retail. The parking lot will be screened from the adjacent homeowners' view with a 6 -foot buffer wall. With eight units per building, these apartments will be on both the second and third floors of these buildings and will range in size from 811 square feet to 1,443 square feet. Providing residential units above commercial uses is one of the unique combinations mixed use development allows. Agenda Cover Memorandum Page 4 February 11, 1999 Permitted Uses: The permitted uses for the project will be approved as a condition of approval. The table below contains the uses that shall be permitted with the Planned Unit Development: The permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district. Apartments Art Studio, Art Gallery, and Art Supplies Commercial Photography Studio Townhomes Professional & Business Office Camera & Photographic Supplies Tailor Medical & Dental Office Costume /Tuxedo Rental Blueprinting Service Locksmith China, Crockery, Glassware, and Earthenware Shop Sporting Goods Store Bicycle Shop Toy Store Hardware Store Confectionery & Ice Cream Shop Music Store Household Furnishing Store Tobacco Shop Luggage Store Clothing & Accessory Store Cosmetics Shop Linen Shop Interior Decorator Shop Electronics Sales & Repair Newsstand Optical Store Paint & Wallpaper Store Furniture Store Video Rentals (family- oriented) Pet Shop, including overnight pets (in a soundproof building) Veterinarian (overnight pets subject to City performance standards) Food Market Shoe Store Liquor Store Travel Agency Agenda Cover Memorandum February 11, 1999 Page 5 The permitted and conditional uses in the CN zoning district, as referenced above, are listed in the following table: Antique Store Nursery or Day Care Appliance Store Indoor Theater Apothecary Public Recreation Center Retail Bakery Library or Reading Room Bookstore Delicatessen Private Club or Lodge Museum Drugstore Post Office Gift Shop, Cards Police Substation Grocery Store Church Hobby Supply Store Shoe Repair Shop Jewelry Store Restaurant (including on- premise of alcoholic beverages) Reducing Salon Picture Framing Bank/Financial Institution Dry Cleaning Barbershop or Beauty Shop Laundry and /or dry cleaning pickup station Waste Management Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. Dumpsters will be located indoors on the first floors in the rear of the buildings along with a four garage parking spaces (see site plan for location). Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas (which will be located adjacent to the dumpster areas) will be screened with a 6 -foot high wall. Public Places There are three public gathering places proposed within the commercial/apartment portion of the proposed development (see site plan). One will be a primary gathering place and the other two are secondary. These areas will be heavily landscaped and will contain public artwork. Connected to the commercial portion of the proposed PUD, these gathering places will allow a simple pedestrian connection between the site's uses. Specialty pavers and fountain features are proposed throughout the commercial portion of the development with multiple connections to sidewalks. Agenda Cover Memorandum Page 6 February 11, 1999 Sidewalks and Pedestrian Areas The existing sidewalk system along PGA Boulevard will be slightly realigned as a result of this project, but will remain with connections branching southward to provide access to the subject property. Oak trees will line the sidewalk system and provide shade for pedestrians. Within the focal area or gathering place will be a formal and open landscape architectural theme. This will allow views- for passers -by without having a walled effect. Informal and more closed landscape architecture will occur between the gathering place area, which will provide more privacy and will "soften" the effect of the structures. Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street. A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. The pedestrian areas will be highlighted with "acorn hat" light fixtures 14 feet high to provide adequate light for safety purposes within the pedestrian areas. The vehicular areas will be lighted by 25 foot high top mounted poles. Two styles of decorative wall- mounted lights have been submitted as well. Parking The site plan proposes 424 parking spaces for the commercial /apartments portion and 68 spaces for the townhome units. Staff reviewed the parking for the nonresidential area based on the criteria used for shopping centers (1/200 s.f.). The applicant has also submitted a parking analysis indicating peak period parking utilization and hourly variations. Parking spaces closest to the commercial buildings will have a paving tapestry for a decorative effect. Si.enaze No signage is being proposed as part of this application. The applicant will submit a sign package at a later date, subject to review and approval by the City. However, the applicant has submitted a color scheme, which will be presented at this meeting. Agenda Cover Memorandum February 11, 1999 Page 7 CODE COMPLIANCE: � � ' £Lr° � �S�.F :1e5''i - .�:i �% ^fie � ��� �' { � ''X "6, ..2 ai. %T. i• �...;,Y.,rS�+t2.5. %?;.G. t M .Y,J :. •� Planned Unit Required/ Proposed Compliance Development Allowed Land Use City Council approved MXD - Mixed Use (9.6 acres) Yes land use change 12/17 RM - Residential Medium (2.67 acres) for MXD of 9.6 acres Zoning RM - Residential Mixed Use Planned Unit Development Re- zoning Medium proposed hoist ' Front Setback 30' Duplex: 10'@ building front Variation from e 20' @ garage code Multi- units: 10'@ building front, 20'@ garage Side Setback 10' Duplex: 6' Variation from Multi -unit: 5' code Side Corner 20' Multi -unit: 10' Variation from Setback code Rear Setback 20' Duplex: 15' Variation from Multi -unit: 10' code Building Height 36' Duplex: 26'5 1/2" Yes (Max) Three -unit townhome: 26'4" Four -unit townhome: 26'4" sy Building Height Maximum height of 2 -Story Building Type A/B: To be determined B•.• ). ,n (Max) buildings in a PUD 30'8 3/4" Main Building shall be established by 44'8 1/2" Tower City Council (CO 1: Maximum height 3 -Story Building Type AB: To be determined 36') 43'3 1/2" Main Building 54'2 1/2" Tower ISM, Building Type C: 26' 3 1/2" Yes Building Type D: 26' 3 1/4" Yes Loading Spaces 12'x 35' 1 at Building 3- 2.B.3: 12'x 35' Yes I at Building 3- 8.B.2: 14'x 42' I at Building 3- 11.B.3: 13'4" x 41'5" Outdoor Display Must be screened from Applicant requests approval for outdoor Outdoor display public view display of merchandise w/ no screening along public right- of -way will require a waiver Agenda Cover Memorandum Page 8 February 11, 1999 Planned Unit Total Required: 477 Required/ Proposed Developt Allowed Yes Dimensions MXD districts shall lieu of wheel stops Roadway Shall have frontage on Proposed to abut PGA Blvd. Yes ire re Building Lot 35% Max. (Residential 19% Use Coverage Medium) Yes ro Open Space Mixed Use: 15% Mixed Use: 45% Res. Medium: 35% Res. Medium: 58% Parking Spaces- Shopping Center: 424 parking spaces (396 required Commercial 1 per 200 s.f. according to Parking Analysis 72,450/200 = 362 attached to this report) add 64 for apartments 362 +64 =426 Parking Spaces- 21 Townhomes = 51 68 provided in residential area f:} Residential parking spaces required Compliance Yes Yes Consistent with Applicant's Analysis, but not w/ Shopping Center requirements Yes Total Parking Spaces Total Required: 477 Total Provided: 492 Yes Parking 10'x 18.6' 10' x 166" w/ 2 ft raised paver in Yes Dimensions MXD districts shall lieu of wheel stops Roadway Shall have frontage on Proposed to abut PGA Blvd. Yes Frontage at least one arterial. plazas and shall provide Use Shall include a min. of Proposed to develop both residential Yes Requirements 2 of the other Future and commercial on the site Land Use Categories, including Residential, and having no use comprise more than 60% of the area. The individual uses, Proposed project has intercon- Yes buildings, and /or dev- netting walkways, and facilities for elopment pods w /in residents and customers to gather. MXD districts shall These public use facilities include include interconnect- plazas, gazebos, a lawn, and a ing pedestrian ways and fountain. plazas and shall provide connections to the Parkway System. Agenda Cover Memorandum Page 9 DEPARTMENTAL COMMENTS: February 11, 1999 Building Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. EnQineerinz Assistant City Engineer Tammy Jacobs has reviewed the latest submission of plans (12- 10 -98) and had comments, which are attached to this report. She has recommended six conditions of approval. Utilities Seacoast Utility Authority has no concerns at this time. Fire Scott Fetterman, Assistant Chief/Fire Marshall, has no further concerns regarding access. Forester City Forester Mark Hendrickson had also reviewed the plans and had made several comments and suggestions regarding this project. Mr. Hendrickson has added some conditions of approval, which require the applicant to maintain landscaping in medians on Hickory Drive and within canal easements. The petitioner will also be required to pay half of the maintenance costs for the medians adjacent to the site on PGA Boulevard. Public Works Bob Patty, Public Works Director, has also reviewed the plans and has made three comments regarding the project and the need to properly maintain the water /drainage conveyance of the canal on site. First, Public Works will need one access point out of the canal area. Secondly, Public Works needs a twenty (20) foot maintenance easement or clear zone next to the canal. Finally, the ground cover along the bank of the canal should be no higher than three (3) feet. These requests have been added as conditions of approval. The applicant has submitted a canal cross - section. It is now being considered by South Florida Water Management District. Also, on October 28, 1998 the applicant met with City Staff to discuss the proposed cross - sections. The applicant has submitted detailed cross - sections (11- 17 -98) to the City Engineer for approval. PLANNING AND ZONING COMMISSION Agenda Cover Memorandum Page 10 PLANNING AND ZONING COMMISSION February 11, 1999 This petition was heard on August 25, 1998 as a workshop and on September 22, 1998 as a recommendation to City Council. The Planning and Zoning Commission approved the petition with a vote of 4 - 0. The Commission had the following conditions: 1. The following uses shall be allowed with the Planned Unit Development: apartments; townhouses, the permitted and conditional uses, as permitted uses, found in the Neighborhood Commercial (CN) zoning district; professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gymnasium and fitness center; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; pet store (no overnight pets); household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (no overnight pets); and china; crockery; glassware and earthenware shop. (Planning & Zoning) 2. The applicant shall provide a 20 -foot access easement, in a form acceptable to the City, for the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) 3. Upon drafting of Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (Legal) 4. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement, Waste Management) 5. The project signage package shall be reviewed by the Planning and Zoning Commission for its recommendation and by the City Council for its consideration of approval. Additional conditions have been added since the Planning & Zoning meeting due to requests of the applicant, concerns of staff including Public Works Director Bob Patty, City Forester Mark Hendrickson, and Assistant City Engineer Tammy Jacobs. In addition, the Growth Management Department recommends the following condition, which was not supported by the Planning & Zoning Commission members: Prior to the issuance of the first building permit, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans and be completed prior to the issuance of the first Certificate of Occupancy. (Building) Agenda Cover Memorandum Page 11 STAFF RECOMMENDATION February 11, 1999 Staff recommends approval of this petition with the following conditions which shall be applicable to the applicant, and its successors and/or assigns: The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day care and self - service landry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; travel agency; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (no overnight pets); pet shop including overnight pets (in a soundproof building) and china, crockery, glassware and earthenware shops. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by staff based on the following criteria: A) Outdoor display areas shall be restricted to the following uses: florist, food market and arts & crafts specialty. B) Outdoor display areas shall be located directly adjacent to its accompanying place of business. C) Outdoor display areas shall not extend more than four (4) feet from the subject business outside wall and shall at no time exceed 40 square feet in size. D) The outdoor display area shall not impede pedestrian access. E) The outdoor display area shall not extend into the 55 -foot PGA Boulevard Corridor overlay. F) Outdoor display areas shall not exceed six (6) feet in height. G) Exceptions for outdoor display may be made for special events as approved by the City. 3. The applicant shall provide a 20 -foot access easement, in a form acceptable to the City, for the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) 4. Prior to construction plan approval, the applicant shall provide on the construction plans one access point out of the canal area. (Building/Public Works) 5. The applicant, his successors and/or assigns shall ensure that the ground cover along the bank of the canal shall not exceed three (3) feet in height. (Public Works) The applicant, his successors and /or assigns shall maintain the landscaping within the canal easement south of this site from Hickory Drive east to a line perpendicular to their eastern terminus. (Public Works) 7. Prior to adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (Legal) Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These Agenda Cover Memorandum February 11, 1999 Page 12 8. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up no earlier than 6 a.m. and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) The restaurant kitchens and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitiled, "Smoke ", of the City's Land Development Regulations. (Code Enforcement) 10. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 11. Prior to construction plan approval, the applicant shall provide additional preventative measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval, samples of the contrasting paver colors to be used for handicap diagonal striping within the 5 -foot access aisle and handicap pavement symbols. (City Engineer) 12. Prior to construction plan approval, two additional stop signs and stop bars shall be added in the vicinity of building 3- 5.A.2, to slow vehicular traffic through the east -west drive aisle. (City Engineer) 13. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 14. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer, City Forester) 15. The applicant shall utilize existing material and grade the canal right -of -way per the proposed cross - sections. Under no circumstances should the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Department shall then access the easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. (City Engineer) 16. The building phasing program shall be the following: prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and /or sales model; the townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 17. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 31,800 square feet of recreation credits for Parcel 3 from the Foundation credit pool. (Building) 18. Prior to the issuance of the first building permit for vertical construction, all infrastructure shall be complete and acceptable to the City. (City Engineer, Planning & Zoning) Agenda Cover Memorandum Page 13 February 11, 1999 20. The applicant, his successors and /or assigns shall pay to the City, one -half (1/2) of the total cost of maintenance of 850 linear feet of landscaping located within the median of PGA Boulevard commencing from the intersection of Hickory Drive and PGA Boulevard to the eastern terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant and his successors and /or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, his successors and/or assigns. (City Forester, Finance) 21. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans. (Building) 22. Any conversions of uses involving more than five (5) percent of the total approved commercial/retail square footage shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 23. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing_ and Landscaping, when said standards are approved by the City. (City Forester) 24. The applicant shall not maintain, or intentionally or unintentionally alter the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall help the City monitor the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 25. The applicant, his successors and /or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 26. In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway /roadway landscaping, such provisions shall be applicable. (Planning & Zoning) 27. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No certificate of occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and acceptable by the City. (City Engineer) Agenda Cover Memorandum Page 14 CITY COUNCIL MEETINGS February 11, 1999 On January 21, 1999, this petition was before the City Council for first reading. At this meeting, it was determined that a workshop should be held to discuss the proposed uses for this site. The Council members felt that the following uses would not be appropriate for this site: a gymnasium, fitness center, church, or a nursery / day care facility. Staff recommended'that the listed Neighborhood Commercial (CN) district use of "laundry, self - service" be specifically eliminated from the allowable uses on the site. On February 4, 1999, the City Council discussed the proposed uses. The members decided to include travel agency as a permitted use and to include a condition of approval which would regulate the odors generated from the restaurants. The members also directed the applicant to continue to work on an acceptable proposal for a fitness center (5,000 square feet is too large for this project). Attached to this report is an amendment to Ordinance 9, 1999 Agenda Cover Memorandum Page 15 Amendment 1 to Ordinance 9, 1999 February 11, 1999 The text of proposed Ordinance 9, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 2(1), by inserting after "Neighborhood Commercial (CN) zoning district" and before the next semicolon, the following: "(with the exception of churches, nurseries, day care, and self - service laundry facilities) "; by inserting after "tailor" and before "costume /tuxedo rental ", the following: "travel agency "; and by deleting the uses "gymnasium and fitness center," which are after "locksmith" and before "bicycle shop "; so that it shall read: 441. The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day care, and self - service laundry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; travel agency; costume /tuxedo rental; locksmith; b,:::::��::;::: era #A-f; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City Performance Standards); pet shop including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shops." B. Amend Section 2(2), by rewording the existing paragraph form into list form so that it shall read: 662. Outdoor display areas may be administratively approved by staff based on the following criteria: A) Outdoor display areas shall be restricted to the following_ uses: florist, food market and arts & crafts specialty. B) Outdoor display areas shall be located directly adjacent to its accompanying place of business. C) Outdoor display areas shall not extend more than four (4) feet from the subject business outside wall and shall at no time exceed 40 square feet in size. D) The outdoor display area shall not impede pedestrian access. E) The outdoor display area shall not extend into the 55 -foot PGA Boulevard Corridor overlay. F) Outdoor display areas shall not exceed six (6) feet in height. G) Exceptions for outdoor display may be made for special events as approved by the City." C. Amend Section 2(9), by inserting a new condition and renumbering the conditions accordingly: 9. The restaurant kitchens and garbage enclosure exhaust system shall be filtered Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitiled, "Smoke ", of the City's Land Development Regulations. (Code Enforcement) Agenda Cover Memorandum February 11, 1999 Page 16 D. Amend Section 2(10), by deleting the entire condition and renumbering the conditions accordingly: "10. D «:.,« to cc- struct -C., 1.,« _-pp.-,...,,!, C« 1..�1, ��A .F 11:,.1....... Tl «:..o 1. ,11 l.e :« l: to l .« tl,o « t «.. t:.,« 1...,... , « -t «,. t: ,« .�-_-. 1 �- 1�....1L .,,... ............... »�.. ...........,...,...........,.. t.. »...,, .... Ct:C......, ».» .,....... »...., .,,,..... be !CtC i the .Ftl.e Erst F: F; .r, .F /l » E. Amend Section 2(22), by inserting after "uses" and before "shall be processed," the following: "involving more than five (5) percent of the total approved commercial /retail square footage"; so that it shall read: "22. Any conversions of uses involving more than five. (5) percent of the total approved commercial/retail square footage shall he processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for the City's review and approval. The conversion of medical office to general office shall be exempt from this requirement." GAShort Range \PUD9805.cc3.wpd 1/13/99 1/19/99 1/20/99 1/26/99 2/2/99 2/5/99 ORDINANCE 9,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF �CHANNING CORPORATION XXX FOR REZONING OF 12.266 ACRES LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, EAST OF ITS INTERSECTION WITH HICKORY DRIVE, IN ORDER TO CONSTRUCT 21 TOWNHOMES, 22,609 SQUARE FEET OF GENERAL OFFICE, 5,420 SQUARE FEET OF MEDICAL OFFICE, 32,861 SQUARE FEET OF GENERAL RETAIL, 8,200 SQUARE FEET OF INDOOR RESTAURANT, AND 3,360 SQUARE FEET OF OUTDOOR RESTAURANT USE WITH 32 APARTMENTS LOCATED ABOVE THE COMMERCIAL USES; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation XXX for rezoning 12.266 acres of land located on the south side of PGA Boulevard, east of its intersection with Hickory Drive more particularly described in Exhibit A attached hereto, to a Mixed Use Planned Unit Development; WHEREAS, the subject parcel is presently zoned Residential Medium (RM) with the northerly 9.6 acres of land involved having a land use designation of Mixed Use (MXD) and the southern 2.67 acres having the land. use designation of Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "The Commons Parcel 3 "; and WHEREAS, the City's Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Channing Corporation XXX for a mixed -use PUD of 12.266 acres located on the south side of PGA Boulevard, east of its intersection with Hickory Drive, more particularly described in Exhibit A attached hereto; from Residential Medium Zoning to Mixed Use Planned Unit Development, in order to construct 21 townhomes, 32 apartments above retail, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet general retail, 8,200 square feet of indoor restaurant use and 3,360 square feet of outdoor restaurant use to be known as "The Commons Parcel 3." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries, day care and self - sevice laundry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; travel agency; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City Performance Standards); pet shop including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shops. (Planning & Zoning) 2. Outdoor display areas may be administratively approved by staff based on the following criteria: A) Outdoor display areas shall be restricted to the following uses: florist, food market and arts & crafts specialty. B) Outdoor display areas shall be located directly adjacent to its accompanying place of business. C) Outdoor display areas shall not extend more than four (4) feet from the subject business outside wall and shall at no time exceed 40 square feet in size. D) The outdoor display area shall not impede pedestrian access. E) The outdoor display area shall not extend into the 55 -foot PGA Boulevard Corridor overlay. F) Outdoor display areas shall not exceed six (6) feet in height. G) Exceptions for outdoor display may be made for special events as approved by the City. 3. The applicant shall provide a 20 -foot access easement, in a form acceptable to the City, for maintenance of the canal adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) 4. Prior to construction plan approval, the applicant shall provide on the construction plans one access point out of the canal area. (Building/Public Works) 5. At no time shall the ground cover along the bank of the canal exceed three feet in height. (Public Works) 6. The applicant, his successors and /or assigns shall maintain the landscaping within the canal easement south of this site from Hickory Drive east to a line perpendicular to their eastern terminus. (Public Works) 7. Prior to adoption of the Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (Legal) 8. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up no earlier than 6 a.m. and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 9. The restaurant kitchens and garbage enclosure exhaust system shall be filtered. Pollution and odor generated from the restaurant shall comply with Section 159.078 entitled "Performance Standards ", Subsections (B) entitled "Odor" and (F) entitiled, "Smoke ", of the City's Land Development Regulations. (Code Enforcement) 10. The project signage package shall be subject to review by the City Council for its consideration of approval. (Planning & Zoning) 11. Prior to construction plan approval, the applicant shall provide additional preventative measures subject to the City Engineer's approval to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 12. Prior to construction plan approval, the applicant shall submit to the City for review and approval, samples of the contrasting paver colors to be used for handicap diagonal striping within the 5 -foot access aisle and handicap pavement symbols. (City Engineer) 13. Prior to construction plan approval, two additional stop signs and stop bars shall be added in the vicinity of building 3- 5.A.2, to slow vehicular traffic through the east -west drive aisle. (City Engineer) 14. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 15. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) 16. The applicant may utilize existing material and grade the canal right -of -way per the proposed cross - sections. However, under no circumstances shall the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The applicant acknowledges the Public Works Department shall then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. (Public Works, Growth Management) 17. The building phasing program shall be the following: prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and/or sales model; the townhouse building and/or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 18. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 31,800 square feet of recreation credits for Parcel 3 from the Foundation credit pool. (Building) 19. Prior to the issuance of the first building permit for vertical construction, all. infrastructure shall be complete and acceptable to the City. (City Engineer, Planning & Zoning) 20. The applicant, his successors and/or assigns shall maintain the landscaping within the road shoulder and medians west of this site, within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. (Code Enforcement) 21. The applicant, his successors and /or assigns shall pay to the City, one -half (1/2) of the total cost of maintenance of 850 linear feet of landscaping located within the median of PGA Boulevard commencing from the intersection of Hickory Drive and PGA Boulevard to the eastern terminus of the site. A reasonable fee shall be determined annually, paid in quarterly installments by the applicant and his successors and/or assigns commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant, his successors and/or assigns. (City Forester, Finance) 22. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans. (Building) 23. Any conversions of uses involving more than five (5) percent of the total approved commercial /retail square footage shall be processed as a PU!D amendment, in which the applicant shall submit a Traffic Analysis for the City's review and approval. The conversion of medical office to general office shall be exempt from this requirement. (Planning & Zoning) 24. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 25. The applicant shall not maintain, alter or impact in any way the approved PGA Boulevard Parkway irrigation system without the express written consent of the City of Palm Beach Gardens. The applicant shall use best efforts to assist the City in monitoring the reclaimed water irrigation system, per State regulations. (Planning & Zoning) 26. The applicant, his successors and/or assigns shall pay their fair share of the reclaimed water bill associated with the PGA Boulevard Parkway, if and when the City of Palm Beach Gardens begins to be assessed for same. This condition may be revised by a separate agreement between the City and the applicant. (Planning & Zoning, Finance) 27. In the event a special district or other provisions are established by the .City of Palm Beach Gardens, or any other entity, pertaining to PGA Boulevard and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, its successors and assigns. (Planning & Zoning) 28. All canal cross - section construction shall be completed during the first phase of infrastructure construction. No certificate of occupancy shall be issued until the canal cross - section construction (reconstruction) is completed and accepted by the City. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. September 1, 1998 Overall Site Plan by Oliver Glidden & Partners, 1 Sheet. 2. October 25, 1998 Site Plan by Oliver Glidden & Partners, Sheets SP -3W, SPD -3W,. 3. January 11, 1999 Site Plan by Oliver Glidden & Partners, Sheets SP-3E, SPD -3E 4. September 28, 1998 Floor Plans by Oliver Glidden & Partners, Sheets A -1, A -2, A -2.1. 5. August 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheet A -3.4. 6. September 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets, A -4, A -5, A -6. 7. October 25, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets A -3.1, A -3.2, A -3.3. 8. September 28, 1998 Townhouse Floor Plans and Elevations by Oliver Glidden & Partners, Sheets A -7, A -8, A -10. 9. December 23, 1998 Parking Paver Pattern @ Wheel Stop by Oliver Glidden & Partners, Sheets SP1, SP2, SP3W. SP3E. 10. October 25, 1998 Color Selections by Oliver Glidden & Partners, Sheet C -1. 11. December 7, 1998 Landscape Plan by Environment Design Group, Sheets Ll — L3, L6, L9. 12. January 15, 1999 Landscape Plan by Environment Design Group, Sheets L4, L5. 13. September 29, 1998 Planting Details & Specifications by .Environment Design Group, Sheet L10. 14. September 1, 1998 Rights of Way & Access Easements, Oliver Glidden & Partners, Sheet AE -1. 15. November 16, 1998 Canal Cross - Sections Parcel 3, Keshavarz & Associates, Sheets 1 -4. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 27th DAY OF January , 1999. PLACED ON SECOND READING THIS DAY OF '1999. PASSED AND ADOPTED THIS DAY OF '1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 31 EXHIBIT A .� EXACT LEGAL DESCRIPTION OF THE SUBJECT PROPERTY (Attach if insufficient space) A PARCEL OF LAND SITUATE IN SECTION(S) 11 AND 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER (NW 1 /4) OF SAID SECTION 12, LYING NORTHERLY OF THE SOUTH LINE OF THE KNOT INCLUDED" PARCEL SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGE 207, PUBLIC RECORDS OF PALM BEACH COUNTY AND LYING WESTERLY OF THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3615, AT PAGE 1717, PUBLIC RECORDS OF PALM BEACH COUNTY. LESS AND EXCEPTING THEREFORE THE RIGHT OF WAY OF P.G.A. BOULEVARD. THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11 LYING EASTERLY O F THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE SOUTH 00° 39' 17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 00° 39'17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 890 19'53" WEST, A DISTANCE OF 125.30 FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 000 39'17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE NORTH 390 34' 32" WEST, A DISTANCE OF 399.50 FEET; THENCE SOUTH 790 11' 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 000 45'28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89° 14' 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3547, AT PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING IN ALL, 12.266 ACRES, MORE OR LESS. f cV F w V 9� r IH � f i 2 l � � O I t w v o j . III 1*10eo ®n ° ®�e� 1 z p a 9 G. it „ ii IIIIM1111 TGk+ldtf fM9- weA! A mom 58 DEVSAM El � i 11111 t iE COMMONS n (jF— � eX i �a� Ni Q ►p I Mr- W lit �, z N �I I I I I M I i i i i i I Ld 91 m � n n a. a 9 i6l ,II, It E IT 0 1 a as a a as ; I�. �,�,� t` er7fnua tart aae7 I I �l g4 A HIM USE DfftTLAPMM4T �W I vrok� "a'°017I n fawt/t3/ie t� 11 THE COMMONS � Ottvsr•OlfdCan & Partnsn t*t J I e°tr. �/�s/1ro ��7/YE tt��!t• k+l+t°°b i Htw Me. Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marry Minor FROM: Tammy Jacobs DATE: December 29, 1998 SUBJECT: The Commons — Parcel 3 i i , \\' (LBFH File No 98 -0005) We have reviewed the Canal Cross Sections prepared by Keshavarz & Associates, revised Site Plan prepared by Oliver & Glidden & Partners and revised Landscape Plan prepared by Environment Design Group received December 10, 1998. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. The applicant has provided cross - sections that provide a sufficient maintenance shelf and landscaping acceptable to the City. As a condition of approval, the applicant will utilize existing material and grade the canal right -of -way per the proposed cross - sections. Under no circumstances should the contractor utilize the excess fill from the canal right -of -way to improve the Commons site. The Public Works Department will then access the canal easement to perform the needed maintenance dredging and utilize the excess material to complete the cross - sections at the water's edge. Further, the timing for completion of the canal improvements will need to be determined by staff and an additional condition drafted accordingly. 3) Conditionally Satisfied. The applicant has provided Paver Clarification Details prepared by Oliver Glidden & Partners dated December 23, 1998. The details specify that the 4" double striping will be comprised of white pavers and the 2' overhang area will be comprised of white pavers. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the contrasting paver colors to be used for handicap diagonal striping within the 5' access aisle and handicap pavement symbols. 4) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide additional preventative measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. We suggest the use of additional bollards, light poles or trees place at the center of each parking space abutting the pedestrian plaza similar to Parcel 2 Landscape Plan, sheet L2. 5) Previously Satisfied. 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PAI M CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE The Commons — Parcel 3 (LBFH File No 98 -0005) 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 7 10) Conditionally Satisfied. Prior to construction plan approval the applicant will need to add two additional stop signs and stop bars in the vicinity of building 3 -5.A.2 to slow traffic through the east -west drive aisle. 11) Previously Satisfied. 12) LDR Section 118 -567 requires loading spaces to be a minimum of 12' x 35'. The applicant is proposing two loading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. 20) Previously Satisfied. 21) Previously Satisfied. 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. 23) Previously Satisfied. The Commons — Parcel 3 (LBFH File No 98 -0005) 24) Previously Satisfied. 25) Previously Satisfied. TJ ?MA P:\PBGMEMO \00005p - Parcel 3.doc c: Bobbie Herakovich Roxanne Manning 3 17I Q-- NbCo LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: January 5, 1998 SUBJECT: The Commons — Parcel 3 MPNPGZME � Q�QPR (LBFH File No 98 -0005) We have reviewed the narrative from Urban Design Studio dated December 23, 1998, Paver Clarification Details, Exterior Elevations, and Color Selections prepared by Oliver- Glidden & Partners received December 31, 1998. We offer the following comment: 1) Satisfied. The applicant has indicated on the Color Selections sheet that yellow, blue or white reflective pavers meeting FDOT requirements will represent the regulatory markings. TJ P:\PBGMEMO \0005r - Parcel 3.doc c: Bobbie Herakovich Roxanne Manning 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 . http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE CITY MANAGER'S OFFICE Interoffice MEMORANDUM TO: Mayor and City Council FROM: Bobbie HerakovCity Manager SUBJECT: Education Advisory Board DATE: February 4, 1999 In a memo to the City Council dated November 12, 1998, staff presented a comparison of the make of advisory boards as well as recommended language changes, for each of the City's advisory boards. At that time the City Council agreed to limit all boards to no more than nine members. However, members of the Education Advisory Board have expressed a desire to increase the number of members by adding more alternates. Because the Council voted to limit the members to no more than nine, which would include alternates, this issues is being brought before you for your direction. Staff is recommending that the City Council limit all advisory boards to no more than nine members and encourages the Education Advisory Board to form subcommittees which may consist of volunteers or experts to assist them in attending school meetings. The amended ordinance for proposed changes to the Education Advisory Board will be presented to the Council for first reading on the February 18, 1999 agenda. CITY MANAGER'S OFFICE Interoffice MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Ci Whey, dm Assistant to the CM SUBJECT: Information on the City's Advisory Boards DATE: November 12, 1998 Below is a comparison of general and specific information as it relates to the City's Advisory Boards. General Information All persons who serve on an appointed board or commission of the City as a member or alternate member for a period of six consecutive years, shall not be eligible for appointment to the same board or commission until the expiration of the seventh year from the date the person was appointed to that board or commission. However, the City Council shall have the right to waive the foregoing requirement in the event no eligible candidate shall be available to fill the vacancy created on the board or commission. Eligibility of a replacement candidate shall be determined by the City Council. Art Advisory Committee ➢ Consist of five (5) regular members and two (2) alternates ➢ Majority of the regular members shall be residents of the City ➢ No member of the City Council or for - profit arts dealer or consultant shall be eligible for membership Beautification and Environmental Committee ➢ Consist of nine (9) members ➢ The term of office shall be for three (3) years ➢ Members serve without compensation ➢ Members choose a chairman and a secretary ➢ All matters of organization, meetings, and procedure shall' be determined by the majority of members of the committee Code Enforcement ➢ Consist of seven (7) regular members and legal counsel for the board ➢ Members shall be residents of the City ➢ The appointments shall be made by the City Council on the basis of experience in the fields of planning, zoning and building control. Membership shall, when possible, include an architect, businessperson, engineer, general contractor, landscape architect, land use planner, subcontractor or realtor ➢ Appointments shall be made for three (3) year terms ➢ Any member may be reappointed upon approval of the City Council ➢ Appointments to fill any vacancy on the Code Enforcement Board shall be the remainder of the unexpired term of office ➢ Any member who fails to attend two out of three successive meetings without cause and without prior approval of the Chairman of the Board shall automatically forfeit his appointment and the City Council shall promptly fill such vacancy. The members shall serve at the pleasure of the City Council, and may be suspended or removed for cause as provided by the City ➢ Members of the Code Enforcement Board shall elect a chairman and a secretary ➢ The presence of four or more members shall constitute a quorum of the Board ➢ Members shall serve without compensation, but may be reimbursed for any travel expenses, mileage expenses, and per diem expenses as may be authorized by the City Council ➢ The City Attorney, or his designee shall attend meetings as counsel to the Code Enforcement Board ➢ The Director of Planning and Zoning Department, or his designee, shall represent the City by presenting alleged violations to the Code Enforcement Board Education Advisory Board ➢ Consist of 15 regular members and 4 alternates ➢ Members shall be appointed by the City Council ➢ The term of office shall be for 2 years ➢ No member may serve more than two successive terms on the board ➢ Members shall elect a chairperson and vice - chairperson, and any other officers as the board may deem necessary ➢ The chairperson shall be the official spokesperson for the board and the formal liaison between the education advisory board and the City Council and City Administration ➢ All members must be residents of the City Parks and Recreation Advisory Board ➢ Consist of seven (7) regular members and two (2) alternate members ➢ Members shall serve without pay ➢ Members shall be appointed by the City Council ➢ Members of the Board must be bona fide residents of the City ➢ Members shall be registered voters ➢ The term of office of each member of the Board shall be two (2) years or until their successors are appointed and qualified ➢ Appointments shall be made by the City Council ➢ Vacancies occurring other than by expiration of term shall be filled by the City Council for the remainder of the unexpired term ➢ Board members shall elect a chairperson and any other officers as may be deemed necessary ➢ If any member of the Board shall fail to be present at four consecutive regular meetings or at 25 percent of the meetings of the Board held within any 12 -month period, a vacancy in the Board shall occur, unless the absence shall be excused Planning and Zoning Commission ➢ Consist of seven (7) regular members and two (2) alternates ➢ Alternate members serve as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member is absent from a scheduled meeting ➢ The term of office for each member shall be for two (2) years ➢ Four members constitute a quorum for the transaction of business ➢ Members shall serve without compensation ➢ The Commission appoints its own chairman and chairman - elect, both of whom shall serve one (1) year terms ➢ The chairman shall hold office for one (1) year ➢ At the expiration of the chairman's one (1) year term, the chairman shall be succeeded by the chairman - elect, who shall hold the office of chairman for one (1) year ➢ Upon the succession of the chairman -elect to the office of chairman, the commission shall appoint a new chairman -elect to serve for a term of one year Recommendation Limit all boards to no more than 9 members Limit maximum of 6 years total service Limit absences by members to be consistent Serving as Chairperson should be limited to 1 year for all boards Board members should reside in City Action Required (Amend Ordinances) Amend Education Advisory Board Do not fill vacancies Amend Art Advisory Committee and Education Advisory Board Amend Art Advisory Committee, B & E Committee, Code Enforcement Board, Education Advisory Board & P & Z Commission Amend Art Advisory Committee, B & E Committee, Code Enforcement Board, Education Advisory Board & Parks & Recreation Advisory Board Amend Art Advisory Committee, B & E Committee, P & Z Commission Delete travel compensation Amend Code Enforcement Board Add language "members serve without compensation" Define quorum Parks & Recreation Advisory Board Add alternate language responsibilities: alternate members shall serve as a member of of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof shall be absent from a scheduled meeting Appointments shall be made by City Council Define Council liaison responsibilities Vacancies occurring other than by expiration of term shall be filled by the City Council for the remainder of the unexpired term Language to include no relatives or spouses allowed to serve on the same board Implement "Lyle Sumek" theory; add task forces only when a problem exists, limit to specific time frame of 8 weeks maximum Estimated staff time to complete (requires a First reading and a public hearing) Amend Art Advisory Committee and Education Advisory Board Amend Art Advisory Committee, B & E Committee, Education Advisory Board, and Amend Art Advisory Committee, B & E Committee, Code Enforcement Board, Education Advisory Board, P & R Advisory Board Change Council procedure Amend Art Advisory Committee, B & E Committee & P & Z Commission Amend Board General information section Amend Art Advisory Committee, B & E Committee, Education Advisory Board, and P & Z Commission Amend general information section Council procedure Three months: December — February