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HomeMy WebLinkAboutAgenda Council Agenda 012199All 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. REVISED: 1/21/99 CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS JANUARY 21, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark, Councilman Sabatello III. ANNOUNCEMENTS Friday, January 22, 1999, 8:30 A.M., City Council Field Trip to Orlando Monday, January 25, 1999, 5:30 P.M., Art Advisory Committee Tuesday, January 26, 1999, 6:30 P.M., Planning & Zoning Commission Monday, February 1, 1999, 7:00 P.M., Code Enforcement Board Tuesday, February 2, 1999, 7:00 P.M., Recreation Advisory Board Wednesday, February 3, 1999, 5:30 P.M., Beautification & Environmental Committee Thursday, February 4, 1999, 7:30 P.M., City Council Regular Meeting. IV. CITY MANAGER REPORT V. PRESENTATIONS 1. Employee of the Year VI. AWARDING OF BIDS: 1. Awarding of Contract for Pipe Restoration and Retrofit for Drainage Improvements VII. ITEMS BY MAYOR AND CITY COUNCH, VIII. COMMENTS FROM THE PUBLIC (Please submit request card to Clerk) IX. CONSENT AGENDA 1. Approval of Minutes from 12/17/98 Regular Meeting X. PUBLIC HEARINGS: XI. RESOLUTIONS: 1. Resolution 6, 1999 - Consideration of Appointment of One Member to the Code Enforcement Board 2. Resolution 10, 1999 - Consideration of Approval Committing to the Future Construction of Fire Station Five, Supporting Palm Beach County's Need to Relocate Fire Station 16 and Requesting that Palm Beach County Fire - Rescue Maintain Fire - Rescue Service from Fire Station 16. `� CITY COUNCIL REGULAR MEETING, 1/21/99 PAGE 2 XII. ORDINANCES: 1. 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 S 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. (Consideration of First Reading) 2. Ordinance 6, 1999 - Providing for Approval of the Application of Palm Beach Community College for Rezoning of 6.47 -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. (Consideration of First Reading) 3. 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. (Consideration of First Reading) 4. 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. (Consideration of First Reading) 5. 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 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. (Consideration of First Reading) XIII. ITEMS FOR COUNCIL ACTION 1. Consideration of Approval of the 14th Annual Artigras Special Event XIV. ITEMS FOR DISCUSSION XV. CITY ATTORNEY REPORT XVI. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 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. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING DECEMBER 17, 1998 The December 17, 1998, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:34 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 Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. RE -ORDER AGENDA Vice Mayor Furtado made a motion to move item 13 to follow the presentation. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY MANAGERS REPORT City Manager Herakovich announced that Sunday, December 20, the City would host the last light on the Menorah at the Bums Road Community Center. The City Manager reported the Palm Beach County Intergovernmental Coordination Program Clearing House had requested that interested parties submit their names for a subcommittee on library issues, and those interested should contact the City Manager. City Manager Herakovich thanked Beth Ingold, Public Information Officer, and all departments for working on the annual report, which was available to the public. The City Manager rerninded the City Council that the bus trip to entertainment centers and gathering places was scheduled for January 23, 1999. The City Manager reported the `Buy into the Gardens Program" had reached $10,000. The City Manager clarified the contractor's time delay for work on the Municipal Complex. Mayor Russo requested.a.letter be sent to the County Commission advising them that the City wished to participate in the Western Sector planning; however, could not do so at the present time. CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 6 PRESENTATIONS: Turnpike Interchange Bruce Barrett, District Planning Manager for the Turnpike explained the proposal for the turnpike exchange was purely conceptual but it was believed the impacts could be mitigated. Kathryn Bradley, Engineer and Project Manager, described the study area and the scheduled project procedure. Vice Mayor Furtado requested that the option of a possible exit left on the northbound side only, as well as the possibility of the exit going under the turnpike instead of over, be kept in mind. Mr. Barrett explained the reason for the proposed location was to minimize necessary bridge work and relocation of residents. Mr. Barrett explained all options would be considered during the study. Mayor Russo commented that a high volume of truck traffic would be undesirable to the residents. Mr. Barrett verified there would be plenty of meetings for residents to ask questions. Following a question by a Steeplechase resident, Mr. Barrett explained the study would need to be completed before details were known. Siro Degasperis pointed out estimated cost was less at another location and requested that during the study the names of Jog Road and Ryder Cup be avoided. Mayor Russo welcomed the students and Scouts present. ITEMS FOR COUNCIL ACTION FP &L Transmission Poles Public Works Director Bob Patty reported the cost to bury all the lines on PGA Boulevard underground was prohibitive and there were already poles on PGA Boulevard. Rod Maken, FP &L representative, answered questions from the City Council. Councilman Sabatello made a motion to leave the wood poles as they are on PGA Boulevard but not to add any more lines there, to put the new lines underground, and when the land was developed then concrete poles could be required. Motion was seconded by Councilman Clark. Motion carried by unanimous 5 -0 vote. Investment Policy Revisions Vice Mayor Furtado made a motion to accept the revisions to the Investment Policy with the amendment that of the 60% commercial paper, the most in any one company would be 1/3 of that 60 %. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 3 AWARDING OF BIDS Interior Design Bid Vice Mayor Furtado made a motion to authorize the City Manager and staff to negotiate a contract with Peacock and Lewis for interior design services based upon their bid of $19,200.00 subject to the negotiated contract being submitted to the City Council for their review. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. Police Motorcycles Councilman Clark made a motion to approve the staff recommendation to award the bid for two police motorcycles to Treasure Coast Harley- Davidson, Inc., for the amount of $24,354.00. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Underground Fueling Facilities ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Mayor Russo Councilman Clark made a motion to approve the staff recommendation to piggyback off of the School District of Palm Beach County contract with Glasgow Equipment Service, Inc., to make repairs to underground fueling facilities at the Municipal Golf Course in the amount of $19,996.00. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. The Vice Mayor asked what happened to the lights which were to have been installed by the construction entrance. The Mayor wished everyone Happy Holidays. COMMENTS FROM THE PUBLIC There were no comments from the public. RE -ORDER AGENDA Councilman Jablin made a motion to place consideration of Resolution 127, 1998 before the Public Hearing on Ordinance 23, 1998. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin to approve the Consent Agenda as presented, which carried by unanimous vote of 5 -0. The following items were approved on the Consent Agenda: CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 RESOLUTION: 4 1. Approval of Minutes of 12/3/98 City Council Regular Meeting. 2. Proclaiming March 1999 as "Red Cross Month ". 3. Resolution 138, 1998 - Consideration of Approval of an Easement Agreement for Land Adjacent to PGA Boulevard FP &L Substation. 4. Resolution 143, 1998 - Consideration of Approval to Provide for an Extension to the Cable Franchise Agreement with Adelphia Cable Communications. Resolution 127, 1998 The concept of the CPTED program was discussed. Councilman Clark made a motion to grant approval of Resolution 127, 1998, as amended in the December 17, 1998 submission Consideration of Approval of Crime Prevention through Environmental Design. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS Ordinance 23, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for an Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on 5.2 Acres of Land Located at the Southeast Corner of PGA Boulevard and Avenue of the PGA From Residential High (RH) to Mixed Used (1\D), for Consideration of Second Reading and Adoption. Principal Planner Kim Glas Castro presented the request. Steve Mathison, attorney for Channing Corporation spoke on behalf of the petitioner for The Commons. City Attorney Acton pointed out that since this land use change designation was a change to the Comprehensive Plan, and not to a site plan, a specific project or specific aspects of a project were not up for consideration or approval, only the general concept of whether or not mixed use development of whatever kind and nature was appropriate for the site. Rezoning would have to occur next and only after that could a site plan be considered. Discussion ensued. Attorney Mathison explained that if the Channing Corporation's site plan was not approved by the City an agreement had been made that Charming Corporation would not sue the City and the land use designation could be changed back. Comments were made by Henry Skokowski as representative of the Channing Corporation. Allen Lavin, President of C.A.N., reported their organization had not taken a vote on this issue but their readers had CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 5 expressed overwhelming favor. Doug Coomer stated on behalf of Woodland Lakes Condominium Association that they would prefer a residential development because of concerns regarding buffers, restaurants, noise, parking, traffic, and other issues. It was explained that many of these issues were site plan issues, and brought out that the Association had not voted to have Mr. Coomer speak for them at this meeting. Marie Price spoke in favor of The Commons project. John Ramos spoke in favor of The Commons project. Richard Orman spoke in favor of the land use change to mixed use designation. Jeff Ornstein requested that the focus be kept on the land use change designation, and expressed his opinion in favor of the change. Mike Martino expressed concern regarding what commercial uses could occur within the mixed use category. Donna Brosemer spoke in favor of the land use change designation for all three parcels. Elliott Kanarek spoke on behalf of Woodland Lakes and expressed their desire to retain residential designation for parcels 1 and 2. Mary Hogan expressed opposition to The Commons. Dr. Leonard Coplein, resident of Longwood Condominium, spoke for himself and presented a petition signed by 16 of the other residents of the condominiums, all against changing the land use designation. Mr. E. Alexander, owner of a condo in Camberwell Condominium, presented a petition signed by approximately 50% of the condominium, residents who were in opposition to the change in land use designation. Gloria Dennen stated she was a member of Woodland Lakes Condo Association Board of Trustees and represented the desires of many of their owners who were concerned with the ultimate use of the land and opposed the change in land use designation. Jane Elliott spoke in opposition to the change in land use designation. Jack Levine spoke in opposition to The Commons. Gerald Richman spoke in favor of The Commons. William Myers spoke in favor of The Commons. Bill Brown was not present but had written he wished to express support of Shady Lakes HOA for The Commons project. Ron Talley spoke in favor of The Commons. Jay Adolph stated the single family homeowners in PGA National were in favor of the land use change designation and the project. Mr. Adolph stated that speaking for himself suggested a simultaneous review of the land use designation, the zoning, and the PUD in the future. Mayor Russo explained that could not be done legally. Lynn Hubar commented in favor of The Commons. Lois Kapica, Vice President of Longwood Condominium, reported their board had voted to work with Mr. Channing. Florence Mars, President of Longwood CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 6 Condominium, stated a majority of their Board voted to work with Mr. Channing to create a harmonious neighborhood. Al Bechtel spoke in favor of mixed use zoning.. Joseph Orlando was not in favor of The Commons. Jay L. Marmer submitted in writing that he fully supported The Commons. Attorney Steve Mathison answered some of the negative comments. City Attorney Acton provided a legal opinion that the decision to be made was a general policy decision and not based on any contract from a developer promising not to sue the City. City Attorney Acton advised that so long as the current statutes were in effect the City could change their decision to go back to the present land use designation. Discussion ensued regarding the zoning and PUD review process. Hearing no further comments, Mayor Russo declared the Public Hearing closed. The Council re- opened the Public Hearing. A Woodland Lakes resident commented against The Commons. Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 23, 1998 on Second Reading by Title Only. Motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 23, 1998 on Second Reading by Title Only. Ordinance 24, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for an Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on 3.5 Acres of Land Located at the Southeast Corner of PGA Boulevard and Avenue of the PGA from Residential High (RH) to Mixed Used (1V1XD) and by Changing the Land Use Designation of .5 Acres of Land Located at the southwest Corner of PGA Boulevard and Hickory Drive from Residential Medium (RM) to Mixed Use (MXD), for Consideration of Second Reading and Adoption. Mayor Russo stated it was assumed that all the public comments made for Ordinance 23, 1998 were the same for Ordinance 24, 1998 unless there was an objection. Hearing no objection, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 24, 1998 on Second Reading by Title Only. Motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 23, 1998 on Second Reading by Title Only. Ordinance 25, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for an Amendment to the Comprehensive Plan of the City by Changing CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 7 the Land Use Designation on 9.6 Acres of Land Located South of PGA Boulevard and East of Hickory Drive from Residential Medium (RM) to Mixed Used (MXD), for Consideration of Second Reading and Adoption. Mayor Russo stated it was assumed that all the public comments made for Ordinance 23, 1998 were the same for Ordinance 25, 1998 unless there was an objection. Hearing no objection, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 25, 1998 on Second Reading by Title Only. Motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 25, 1998 on Second Reading by Title Only. Ordinance 27, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for an Amendment to the Fire Pension Plan for Consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 27, 1998 on Second Reading by Title Only. Motion was seconded by Councilman Jablin. Councilman Clark amended his motion to include the effective date of August 1, 1998 in the blank in Section 5. Councilman Jablin seconded the amended motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 27, 1998 on Second Reading by Title Only. Ordinance 28, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for Amendments to Section 66 -69 of the City's Code of Ordinances re: Occupational Licenses for Consideration of Second Reading and Adoption. Following discussion of the fees, there being no comments from the public, Councilman Clark made a motion to continue the Public Hearing for Ordinance 28, 1998 to 1/7/99. Vice Mayor Furtado seconded the motion, which carried by unanimous vote of 5 -0. Ordinance 29, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for Approval of a Conditional Use for the Construction of a Building for a Master Lift Station for Consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 29, 1998 upon Second Reading by Title Only. CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 Eta Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 29, 1998 on Second Reading by Title Only. Ordinance 30, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 12/2/98, and held on the intent of Providing for Amendment of Chapter 110 of the City Code Entitled "Signs ", by Amending Section 3 of Article I, Entitled "Non- Conforming Signs" to Extend the Amortization Period for Allowing Non - Conforming signs by twelve (12) months, for Consideration of Second Reading and Adoption. There being no comments from the public, Councilman Clark made a motion to continue the Public Hearing for Ordinance 30, 1998 to 1/7/99. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 133, 1998 Councilman Clark made a motion to grant approval of Resolution 133, 1998, Consideration of Appointments to the Code Enforcement Board, with the names Ernest Bolante and John P. Little III inserted into the blanks in Section One. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 134, 1998 Vice Mayor Furtado made a motion to grant approval of Resolution 134, 1998, Consideration of Appointments to the Northlake Corridor Task Force, with the name Vice Mayor Furtado in Section One, Edward Tombari as staff member, and changing Councilman Sabatello in Section Two to Councilman Jablin, and Marty Minor as Alternate inserted into the blanks. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 135, 1998 Councilman Clark made a motion to grant approval of Resolution 135, 1998, Consideration of Appointments to the B &E Committee, with the name John S. Hughes inserted in the blank in Section One, Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 12, 1998 Principal Planner Marty Minor presented Ordinance 12, 1998- - Providing for Rezoning of 14.47 -acres of land located at the north corner of Lone Pine Road and Easterly Avenue, '/2 mile west of Prosperity Farms Road to a Planned Unit Development, in Order to Construct 43 Single Family Homes for consideration of First Reading. Bob Bentz, agent for the petitioner, spoke on behalf of CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 R] the petitioner and reported changes which had been made in the plans since. the last presentation. Nick Terris, 2654 Lone Pine Road, representing 14 homes on Lone Pine Road, provided information regarding the roadway. Staff's position was that roadway issues had been resolved. Councilman Clark made a motion to approve Ordinance 12, 1998 on First Reading by Title Only. Motion was seconded by Vice Mayor Furtado, and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 12, 1998 on First Reading by Title Only. Ordinance 22, 1998 Councilman Clark made a motion to approve Ordinance 22, 1998 - Providing for Amendment of Ordinance 34, 1978, and Resolution 43, 1978 as Amended, the Development Order for the PGA National Resort Community, DRI, by Adopting a Consolidated, Restated and Amended Development of Regional Impact and Planned Community District Development Order for PGA National Resort Community; Providing for Amendment to Conditions of Approval Relating to Off -Site Traffic Improvements; Providing for Amendment of the Master Development Plan to Revise the Schedule of Uses, and Certain Land Use Designations; Providing for Immediate Transmittal of this Ordinance to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County and PGA National Venture, Ltd., on First Reading by Title Only. Motion was seconded by Councilman Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance 22, 1998 on First Reading by Title Only. CITY COUNCIL SPECIAL REGULAR MEETING, 12/17/98 10 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Jablin, carried 5 -0, the meeting was adjourned at 11:30 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 Date: January 14, 1999 Re- Appointment of One (1) Member to the Code Enforcement Board Subject/Agenda Item Consider a motion to re- appoint one (1) regular member to the Code Enforcement Board, which term of office shall expire January 4, 2002. Recommendation /Motion: Reviewed by: Originating Dept.: Costs: $ Council Action: Administration Total City Attorn4 c/ ( [ ]Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Resolution 6, 1999 ( ] Other List of Current Members Paper: [ X ] Not Required Submitted (`. f��� Sby: - bt oaten ester Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required V BACKGROUND: Code Enforcement member Paul Sabatello's term expired on January 4, 1999. Mr. Sabatello has only served one three year term on the Code Enforcement Board, and is eligible to be reappointed to serve a second three year term. Mr. Sabatello was contacted by staff to find out if he was interested in being reappointed to the Board. He responded to staff that he would like to be reappointed to the Code Enforcement Board to serve an additional three year term. Staff recommends that Paul Sabatello be appointed as regular member, which term of office shall expire January 4, 2002. January 11, 1999 RESOLUTION 6, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF ONE (1) MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -211 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Code Enforcement Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section A. Pursuant to Section 2 -211 of the Palm Beach Gardens Code of Ordinances, is hereby appointed as a regular member of the Code Enforcement Board for three years, which term of office shall expire January 4, 2002. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CURRENT MEMBERS CODE ENFORCEMENT BOARD (7 Members - 3 Year Terms) MEMBERS TERM EXPIRES DATE APPOINTED Paul Sabatello 1/4/99 1/4/96 1026 Shady Lakes Circle 33410 Home: 622 -5433 Work: 626 -7600 George Richetelli 10219 Allamanda Boulevard 33410 Home: 627 -8246 Work: 627 -1433 Neil Lewis 447 Kelsey Park Drive 33410 Home: 776 -1599 Work: 625 -4488 Lynn Waxman 4398 Hickory Drive 33418 Home: 626 -0286 Work: 659 -2036 Kevin Wagner 1514 15th Court 33410 Home: 691 -6832 Work: 624 -3900 Ernest Volonte 383 Kelsey Park Drive 33418 H: 775 -0917 John P. Little III 8061 Damascus Drive 33418 H: 627 -0076 W: 624 -1936 code- enf.mem 02/18/98 3/5/99 3/5/99 7/7/2000 7/7/2000 11/20/2001 11/20/2001 4/20/95 reapp. 3/5/96 4/16/98 2/15/96 11/20/97 Reapp. 11/20/97 Reg. 12/17/98 Reg. 12/17/98 Reg. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 21, 1999 Date Prepared: December 31, 1998 Subject /Agenda Item First reading of Ordinance 5, 1999 approving petition PUD- 98 -06, a request by Urban Design Studio, agent for High Field Ltd., Inc., for planned unit development (PUD) approval of a 63 unit townhome project. The 7.26 -acre site is located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road. (5- 42S -43E) Recommendation /Motion: Staff recommends that Ordinance 5, 1999 be approved with 13 conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: ,r,� �J ' Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ]Denied Human Res. NA - Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other - Ordinance 5, 1998 —Site Plan - Comments from City Engineer - Comments from City Forester — Comments from Police Department -Letter from Kathy Girard from PBC Planning Dept. —TABLE 1 • Existing Land Use & Zoning —TABLE 2 • Consistency Not Required with Code Submitted b / Growth Ma gnfa eA A d parties Budget Acct. #: D i recto r [ ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by Urban Design Studio, agent for High Field Ltd., Inc., for planned unit development (PUD) approval for 63 townhome units, to be built on a 7.26 -acre site located on the south side of Idlewild Road, approximately 500 feet east of the intersection of Prosperity Farms Road and Idlewild Road. BACKGROUND: The Marina Gardens parcel (formerly known as "Soverel North Townhomes ") is a 7.26 - acre tract of vacant land located near the intersection of Prosperity Farms Road and Idlewild Road. Immediately to the east of the subject site is the existing Seminole Boatyard. To the west of the site is the existing Harbour Financial Shops commercial /office center. To the south of the site is the Soverel Harbour Marina. To the north of the site, across Idlewild Road, are single family detached dwelling units (which are in unincorporated Palm Beach County). On May 30, 1997, an application was submitted for the annexation of 4.36 acres of land into the City of Palm Beach Gardens, and for a Small -Scale Future Land Use Plan Amendment (LUP) for 7.26 acres of land. Per the City's request, the submittal was amended to a Large Scale LUP amendment on December 30, 1997. The northern 1.52 acres was requested to be given a Future Land Use Plan designation of Residential- Medium (RM), while the remaining 5.74 acres was requested to be given a Future Land Use Plan designation of Residential -High (RH). These Annexation and Future Land Use Plan petitions were approved by City Council on August 6, 1998 with the passage of Ordinance 48, 1997 and Ordinance 4, 1998. The 4.36 acres formerly located within unincorporated Palm Beach County, currently has a County zoning designation of Residential - Single Family (RS). The property along the marina currently has a City of Palm Beach Gardens zoning designation of General Commercial (CG1). Through this petition, the applicant is requesting a zoning designation of Planned Unit Development - Residential (PUD /R) for the entire 7.26 -acre parcel. The parcel is proposed to have an underlying zoning of Residential -High Density (RH) for the southern portion of the site, and Residential- Medium (RM) for the northern portion. PROJECT DETAILS: Building Site The property is owned by High Field Ltd., Inc. High Field intends to develop the entire parcel as a residential development by constructing high quality, upscale townhome units. The development is proposed to include 63 fee simple townhome units, and a 1,600 square -foot pavilion building with a swimming pool for use by the residents and their guests. The development is aimed towards a seasonal, boating population, and will be built in one phase. 2 Residential Units The townhome units fronting the marina will be three (3) stories in height, and all interior townhome units will be two (2) stories in height. The two (2) story townhomes will be either 2,005 square -feet (unit model d) or 2,025 (unit model c) square -feet in size. The three (3) story townhomes will be 2,950 (unit model a) or 3,050 (unit model b) square feet in size. Twenty -seven (27) townhomes will have a view of the Soverel Marina, while most of the remaining units will have a view of the 0.7 -acre lake located in the middle of the site. Special site features will include paver block road surfaces and garage driveways. The lots will be sold on a fee simple basis. Common Areas A pavilion /pool is proposed for use by the residents and their guests. The pavilion /pool will primarily be an open -air facility, with a loggia separating the mens and ladies changing /restrooms. A gazebo overlooking the marina is also being proposed. All common areas, including the pavilion /pool area, will be maintained by the homeowners association. Site Access The development will be accessed from Idlewild Road and Prosperity Farms Road utilizing an existing 24 -foot access easement. A card gate will provide security to the site. Walkways A sidewalk is being proposed along one (1) side of the 20 -foot access drive inside the site. Sidewalks will also connect the townhomes with the gazebo overlooking the marina, and connect the site to the marina walk and the Harbour Shops. Waste Management The site will have curb -side trash pick -up. Signage No site signage is being proposed at this time. Any future proposed signage shall be reviewed by Staff and City Council. Landscaping Nine (9) existing oak trees will remain on -site, however, six (6) of these trees will be relocated. Buffer trees and palms on the site shall include Live Oaks, Mahogany, Satin Leaf, Red Bay, Gumbo Limbo, Dahoon Holly, Red Maple, Sweet Acacia, Green Buttonwood, Pigeon Plum, Cattely Guava, Frangipani Plumeria, Southern Red Cedar, and Sabal /Cabbage Palm. Common Area trees and palms on the site shall include Bald Cypress, Royal Palm, Sabal /Cabbage Palm, Coconut Palm, Thatch Palm, Dactylifera Palm, and Reclinata Palm. 3 Drainage Runoff from the property will be collected by a series of on -site inlets and directed via culverts into a proposed dry detention area or on -site lake for water quality purposes. Ultimately, the permitted overflow will be controlled by a weir, and will discharge through a culvert via a private off -site easement into the Intracoastal Waterway system. Residents along Idlewild Road have voiced concerns over past and future flooding in their area. Assistant City Engineer Tammy Jacobs has reviewed the drainage plan for the proposed project, and has found it to be sufficient. City Staff contacted Palm Beach County to ascertain the status of the proposed road improvement project. County road improvements for Idlewild Road are currently in the permitting process with the South Florida Water Management District (SFWMD). The scheduled improvements will not begin until after March 1, 1999. The road improvements scheduled for Idlewild Road will be the implementation of a storm drainage system at the east end of the Idlewild Road (east of the proposed project). It is anticipated that these improvements will mitigate the current drainage problems experienced by residents on Idlewild Road. The applicant, therefore, will be responsible for all road improvements (drainage, roadway, curb and gutter, etc.) along Idlewild Road, from Prosperity Farms Road to the ingress /egress of the proposed project. Traffic Concurrency Residents along Idlewild Road voiced concerns about the increase in traffic that this proposed project would generate. However, City Traffic Consultant Yvonne Ziel has reviewed the traffic concurrency and determined that this proposed project meets the City of Palm Beach Gardens level of service standards. In a September 24, 1998 letter to Assistant City Engineer Tammy Jacobs, Ms. Ziel states, "the proposed project will generate 476 daily trips, 30 AM trips and 37 PM peak trips, and falls below any of the City's thresholds." Palm Beach County The plans for this proposed project have also been reviewed by Kathleen Girard, Principal Planner with the County of Palm Beach. Ms. Girard stated (see attachment) that the County has no objections regarding the project, and that the proposed project actually represents a reduction in intensity from the previously approved commercial land use. Ms. Girard's final comment was, "the County would have preferred access to the site from Prosperity Farms Road, [but] locating the access point at the easternmost portion of the site should assist in alleviating traffic concerns for some of the residents on Idlewild Court [Road]." 2 STAFF'S REVIEW & COMMENTS: Building Division Building Official Jack Hanson has reviewed the revised 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. The applicant shall submit a sign package at a later date for City Council review and approval. City Engineering Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has made several comments. Her comments regarding the proposed project are attached to this report. Seacoast Seacoast Utility Authority has stated that they have two (2) concerns: 1. The existing 4 inch and 10 inch water mains shall be shown on the site plan.* 2. Specific details showing the proposed location of water and sewer service lines, FPL services and transformers, as well as CAN and BellSouth service lines, shall be provided.* *These concerns were satisfied on December 28, 1998. Fire Assistant Chief / Fire Marshall Scott Fetterman has reviewed the revised plans and stated that the turning radii at the entrance now meet the required 20 feet inside turning radius and 45 outside turning radius. Mr. Fetterman has no further concerns regarding the proposed project. Police Officer Jay Spencer has reviewed the plans and made several suggestions in a crime prevention matrix attached to this report. City Forester City Forester Mark Hendrickson has also reviewed the plans and has made several comments regarding the project and its landscaping. These comments are as follows: 1. Please provide curbing to protect vegetation, especially in front of all the units. 2. The lot lines along the east boundary include the buffer area. At a 5 minimum, a 15 foot wide landscape easement needs to be established for common maintenance. 3. The lot lines around the south and west boundaries eliminated the required 15 foot buffer. This should be a waiver request. At a minimum, a 5 foot wide landscape easement needs to be established for common maintenance. 4. Please provide a road improvement plan for Idlewild Road that includes sidewalks and landscaping. Mr. Hendrickson elaborates on these comments in a memorandum (dated 12/24/98) attached to this report. Planning & Zoning Division The Planning and Zoning Division reviewed the revised plans for this proposed project, and found that the applicant has addressed all of their previous concerns including providing a copy of the cross - access agreement with Harbour. Shoppes /Financial Center, stating that screen enclosures will not be permitted, showing setbacks on the plans for patios (0 feet where walls separate patios, and 3 feet where walls do not exist), showing lot line dimensions on the plans, showing sidewalks and their appropriate dimensions on the plans, and stating that the method of waste pick -up proposed for the project is curbside pick -up. PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on November 10, 1998 as a workshop and on December 8, 1998 as a recommendation to City Council. With a 6 - 1 vote, the Commission recommended APPROVAL of petition PUD- 98 -06, a request for planned unit development (PUD) approval of a 63, unit townhome project on a 7.26 -acre site, with the conditions proposed by the Growth Management Department, including the following revised conditions (added words underlined; deleted words struek): 1. Prior to scheduling the petition for City Council, curulin g landscaping (or some other type of measure) shall be added to protect vegetation on the site. The applicant must also request a waiver from Section 98 -68( C ) of the City Code requiring curbing to be used to protect vegetation on a site L%,ILY .,�u� ,,�,�uIICI I ICI IL _ ^° vv vv �, (c)j (Planning & Zoning Division) — 11 n -:,.- a.. L.. AU::_,.. +L... n:a.. !'�... ......:I � G F....L . .:.J .. I..- ..J........... X I IIVI L Jli11GUUlI ll�. LIIG t.JGUIIVII IV I %.Illy VVUII'_AI, Q IV IVVL YYluc Ia11uJVaf.JG caaclilcil� aI Iau uc c3taunal Icu M �.vlillilvill I I Iaii I►cI IaI I�.c alvl Iy a Ic cam► 11J, vulivai Y v� , a - o �au LIc (nlIa : y u I-O ..I:. .g vnI:VI:GI:O "I O A ..:....- 01 0,....a:..... 4 A O 7-7A /L % /.1 \a ..a:.. g +L,„a tha 0A 4 G 1-0I V. rl YYaIVCI VI VG%ILIV1I I I V -GI CI `1 Ilk 11a IGI�UCJ LI Iy L11 L u.IC IGl.�UI U Iv IVVI rel I .J.. .. L'. .4c-- .....J aL..... ..aL. .....J ..i L.........J.. -:.... ..J: &L.- - .*4-.. L... ....J.. ...J a.. J':..._ IQI IUaiapJC W U I ICI CAI VUI IU U lc wULl l GLI IU YY CJI LJU UI IUaI IcJ VI a Imo. anc, uc IcU UicU w IIvc /G\ J:....a —:.44L, /J:..- --:-4 .....\ /fYl..:.. 0 7-- :.. k1-4) III VVIULII kIVI L.vI II I%I I i i ii n:..:..:.....\ ��ci jai icc�. ki iai 11 Iii iy uc wi nl Iy vivwivl l j 24. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on the south one side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 35. Prior to construction plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, sewer, landscaping, etc.) required by Palm Beach County. (City Engineer) 46. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 5 -7. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 68. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) a.. .. 1 L... .. !'+.........:1 aL... I:.......a L...11 ...J.J I......J........... a. 1 IIVI LU a�.Jp oval LJy Vlly VUUI ICII, Ll IG a',J'.JIK.aI IL Jl lall QuU a lal IUJL..ap. - JU IN UI1 L. aL. ,.:.J.... F aL... .J....a..:...... ..I1............ aL...a aL... ... .J.- :............. ......J .....J....a -:.... .. LJVLII JIUGJ VI Lllc FJGUCJLIIaII YValfwvay JV LIIaL LIIC'Javcl UIIVC- VVGIYQ Gil IU r/cucOUlall a11FQ call Lie c11C..l.r LIvcly LJ CI IIICa L S U . `\.IILy L_llynlccl� 7-1-6. Prior to scheduling the petition for City Council, the applicant shall show the required signage for the pedestrian crossing per F.D.O.T. (Manual on Uniform Traffic Control Design W1 1A-2). (City Engineer) 844. No screen enclosures shall be permitted for the townhomes. (Growth Management Department) 9. All landscaping and hardscape shall be maintained by the applicant or subsequent Home /Property owners Association, to the satisfaction of the City. The applicant shall also request a waiver of Section 118- 279(h)(1) of the City Code that requires a 15 foot landscape buffer around the boundaries of the site. (Growth Management Department) 10. The gate system used or ingress /egress to the site, shall be open during special 7 events, where traffic into and out of the site is significantly increased. (Code Enforcement) 11. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and /or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. 12. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and /or assigns. 13. Prior to the first issuance of a Certificate of Occupancy, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. 14. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. 15. The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) Conditions #1 and #7 have been addressed by the petitioner. The remaining conditions from the Growth Management Department's recommendation have been included in the proposed ordinance. Although the Planning and Zoning Commission recommended against it, staff is still recommending that landscape easements be created along the south, east and west boundaries. These easements would allow the City to enforce landscape standards with the Homeowner's Association. The applicant contends that the Homeowner's Association will maintain all landscaping in the project. g /short: pud9806 =2 ri ...................................................................................................................................................................................................... ............................... EXISTING rtJSE ZON NG 11 L,Ai�TD USE . Subject Property Palm Beach County Residential -Med. (RM) Vacant zoning designation: & Residential- Single Residential -High (RH) Family P.B.G. zoning designation: General Commercial (CG1) Urban North Residential- Single Family Homes & Single Family Residential -2 & 3 Prosperity Bay Village, (RS) (UR -2 & UR -3) in Unincorporated Palm Beach County Commercial South General Commercial Soverel Boat (CG -1) (C) Yard & Marina Industrial East Industrial Seminole Boatyard (IL) (IND) in Unincorporated Palm Beach County Commercial East General Commercial Seminole Boatyard (CG -1) (C) in City of P.B.G. Commercial West General Commercial The Harbour Shoppes (CG -1) (C) 9 i Yes Planned Unit Development Residential - (PUD) - Residential Medium Townhomes & High (RM & RH) Yes Maximum Building Lot 29% Coverage for RH: 35% Max. Building Height: Building Height: Yes RM = 36 feet RM Section = 32.3 feet Yes RH = 45 feet RH Section = 4 1. 0 feet Front Setbacks: Front Setbacks: No (deviation) RM = 30 feet RM = 20 feet No (deviation) RH = 40 feet RH = 20 feet Side Setbacks: Side Setbacks: Yes RM = 10 feet RM = 19.08 feet No (deviation) RH = 30 feet RH = 10.66 feet Side (facing street) Setbacks: Side (facing street) Setbacks: Yes RM = 20 feet RM = 25.6 feet No (deviation) RH = 30 feet RH = 10.0 feet Rear Setbacks: Rear Setbacks: Yes RM = 20 feet RM = 28.6 feet No (deviation) RH = 30 feet RH = 15.0 feet January 21, 1999 ORDINANCE 5,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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 IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT 63 TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd. for approval 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 (PUD/R) as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm Beach County currently has a County zoning designation of Residential - Single Family (RS), and the remaining 2.9 acres has a City zoning designation of General Commercial (CG -1); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to the City of an area of 4.36 acres of real property known as "Soverel North "; WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently process a comprehensive plan amendment and an application for a planned unit development order; WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan amendment, changing the property from a Palm Beach County Land ,Use Designation of Urban Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations of Residential High (RH) and Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "Marina Gardens "; 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 High Field Ltd. for a PUD/RM & RH of 7.26 acres located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential - Medium & Residential -High, in order to construct 63 townhomes to The known as Marina Gardens. SECTION 2, The following waiver is hereby granted with this approval: A waiver of Section 118- 279(h)(1)a requesting that the required 15 foot landscape buffer around the south and west boundaries of the site, be reduced to 5 feet in width (for common maintenance). SECTION 3. 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. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 2. Prior to construction plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. (City Engineer) 3. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 4. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 5. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 2 6. No screen enclosures shall be permitted for the townhomes. (Growth Management Department) 7. Prior to plat approval, a 15 -foot wide landscape easement shall be established for common maintenance along the east boundary of the site and a five -foot landscape easement shall be established along the south and western boundaries of the project. (Planning & Zoning Division) 8. The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) 9. The gate system used or ingress /egress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and/or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. (Planning & Zoning Division) 11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and /or assigns. (Planning & Zoning Division) 12. Prior to the first issuance of a Certificate of Occupancy, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division) 13. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. (Engineering) SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. December 21, 1998 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet). 2. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L -1 through L -9 (9 sheets total). 3. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc., (2 sheets total). 3 4. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1, A -2 (3 sheets total). 5. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson Associates, Inc., Sheets A -3 through A -16 (14 sheets total). 6. December 31, 1998 Photometric Plan, (1 sheet total). 7. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet total). 8. November 7, 1988 Boundary Survey, Wallace Surveying Corporation, (2 sheets total). SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF '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 7ABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 4 CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g/short:pud9806.or2 /j I AYE NAY ABSENT Exhibit "A" Exhibit "A" OESCRIPTiON: Being a oarcel of land In the Northeast Ouarter (NE ' S) of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Commence at the pole( of Intersection of the Northerly right- o(-way One of P.G.A. Boulevard (also known as Slate Road 711, as said Northerly right-of-way One is shown on the Palm Beach County, Florida Engineering 0e0artmen( dght•o( -way Map (or Stale Road No. 74, said right -obway map Is recorded In Plat Book S. Pages 189 through 190, of the Public Records of Palm Beach qty, Fonda, with the Easterly rlghl -o( -way One of Prospenty Farms Road. as said Easterly right- of-way One Is shown on the Palm Beach County, Florida Engineering Department Map for the Ultimate right- of-way of Prosperity Fames Road, Orswnng No. 3- 70.001 RW, Sheets 6 and 7 of 11, dated June 1970, said map being unrecorded: thence North Ot degree 32 minutes 52 seconds East. along sold Easterly right -of -way One of ProsperIty Farms Road, a distance of 1197.82 feet to a point on the Southerly right -of -way One *(Idlewild Road (also known as County Road No. 7), said point being shown on said Drawing No. 3 -70-001 RW: thence South 87 degrees 46 minutes 23 seconds East, along said Southerly right -o0way One of IdlewAd Road, a distance of 500.91 feet to the POiNT OF BEGINNING of the hereinafter described parcel: thence continue South 87 degrees All in mutes 23 seconds East, along said Southerly right- of-way One of Idlewild Road and a" the Northerly One of Lot 1 of Robinson Subdivision (unrecorded) a distance of 175.63 feet to the Northeast comer of Lot t: thence South 01 degree 30 minutes 30 seconds West. along the East Ones of Lots 1, 2. and 3 of said Robinson Subdivision, a distance of 221.22 feet to the Northwest comer of Lot 5 0( said Robinson Subdivision: thence South 52 degrees 26 minutes 07 seconds East, along the Northeasterly One of said Lot 5, a distance of 216.35 (eat to the Northeast comer of said Lot 5: thence North 01 degree 31 minutes 48 seconds East. along the East Ones of lots 6 and 7 of said Robinson Subdivision, a distance of 237.27 feet to the Northeast comer of said Lot 7; thence South 88 degrees 30 minutes 15 seconds East along (he South One of Lot 9 of said Robinson Subdivision, a distance of 44.99 feet to the Southeast comer of said Lot 9: thence North 01 degree 30 minutes 54 seconds East. along the East One of said Lot 9, a distance of 108.64 feet to the Northeast comer of said Lot 9, said Northeast comer also being a point on said Southerly right- of-way One of IdlevA d Road; thence South 87 degrees 46 minutes 23 seconds East, along said Southerly fight -of -way One of Idlewild Road and along the Northerly One of Lot 10 of said Robinson Subdivison, a distance of 130.01 feet to the Northeast comer of sold Lot 10. thence South 01 degree 30 minutes 60 seconds West, along the East One of said lot 10, a distance of 107.06 feet to the Northwest comer of Lot 16 of said Robinson Subdivision: thence South 88 degrees 80 minutes 15 seconds East, along the North fine of said Lot 16, a distance of 110.40 feet to a point on a One 40.60 feet West of and parafiel with the East One of saki Lot 16: thence South 01 degree 38 minutes 37 seconds West along said parallel One and the Southerly extension thereof, a distance of 391.69 feet to a point: thence North 69 degrees 02 minutes 19 seconds West a distance of 73.55 feet thence South 67 degrees 44 minutes 10 seconds West, a distance of 409.44 feet•, thence North 38 degrees 59 minutes 50 seconds West, a distance of 285.19 feet thence North 12 degrees 58 minutes 03 seconds West, a distance o(230.65 feet to a point on a One parallel with and 206.00 feel South of, as measured at right angles to, said Southerly right- of-way One of Idlewild Road, said point also lying on the centerllne of a 24 foot Roadway Easement. as recorded In Official Record Book 2668, page 1424, Public Records of Palm Beach County, Florida: thence North 39 degrees 36 minutes 47 seconds East, along said centerline, a distance of 53.18 feel to the beginning of a curve concave to the Weal having a radius of 90.00 feet and a central angle of 38 degrees 10 minutes 34 seconds: thence Northerly along the arc of said curve, a distance of 59.97 feet to the point of tangency; thence North Ot degree 28 minutes 13-seconds East, a distance of 107.90 feet to a point on the South rlghl- ol-way One of Idlewild Road and the POiNT OF BEGINNING. ANO A parcel of land In the Northeast one- quarter (NE %) of Section S. Township 42 South, Range 43 East, Palm Beach County, Florida, more pordWarty described as follows: From the Northeast corner of said Seddon 5; rim South 02 degrees 01 minutes 47 seconds West on the East One of said Section S. a distance of 1644 62 feet: thence run North 88 degrees 31 minutes OS seconds West a, distance of 1628.96 feet; thence run South 01 degree 30 minutes S4 seconds West, a distance of 270.65 feet to the POiNT OF BEGINNING of the parcel herein conveyed: thence continue South 01 degree 30 minutes 54 seconds West, a distance of 147.19 feet; thence nun North 52 degrees 28 minutes 32 seconds West, a distance of 216.34 feet: thence rim North 01 degree 30 minutes S4 seconds East. a distance of20.00 feet: thence rim South 86 degrees 29 minutes 06 seconds East, a distance of 175.00'feet to the POINT OF BEGINNING. AND A parcel Oland ki the Northeast % of Section S,Townshlp 42 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: From the Northeast comer of sold Section 5: run thence South 02' 01' 47' West on the East One of said Section S. a distance of 1844.62 feel: thence fun North 88' 31' OS"Nest a distance of 1628.98 feet: thence nn South 1' 30' 54" West, a distance of 180.65 feet to the POINT OF BEGINNING of the parcel herein described; thence continue South 1' 30' 54" West a distance of 90 feet; thence run North 88' 29' 06" West a distance of 175.0 feel: thence nn North 1' 30' S4" East a distance o(90 feet: thence run South 88' 29' 06' East wdislance of 175.0 feet to the POINT OF BEGINNING, Subject to easement for uliities over the East 6 feet and the North 6 feet (hereof, and easement for road right- c(-way purposes over the following described strip of land: Beginning at the Northwest corner of the above parcel: thence nn South 88' 29' 06" East a distance of 30 feet; thence run South 1' 30' 54' West a distance of 70.0 feel to a point on a curve, concave to the Southwest and having a radius of 50 feet: thence run Southeasterly on the arc of said curve a distance of 25.79 feet: thence rim North 88.29' 06" West a distance of 45.83 feet: thence nn North 1.30' S4' East a distance of 90 feet to the'POINT OF BEGINNING. ENO OF LEGAL OESCRIPTION NO t F: nrAf111`1O 1 IlASEn ON IItr r•ASI rimy ftiotII OF • WAY I Ittr OF "11011 %111tY rAnM6 1IOA0 WiIRVI I:, An^1M.11 10 fit Aft If n1- I257"11' ANn At I nfucn nt AIIIN(III AItF (IFI Arty suf••ilr 10 �h LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: December 30, 1998 S� P ti PO, Zoe! w s ate, Q SUBJECT: Marina Gardens - Soverel North Townhomes (LBFH File No. 984006) We have reviewed the revised Site Plan, Landscape Plan, Site Detail Sheet and Conceptual Idlewild Road Improvements Plan prepared by Urban Design Studio, and Conceptual Drainage Plan prepared by Enviro Design received December 10, 1998. We have also reviewed the revised Site Plan and narrative prepared by Urban Design Studio received December 28, 1998. We offer the following comments: 1) Conditionally Satisfied. Prior to Construction Plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. We have initiated communication with Palm Beach County Land Development Department to ensure that all County and City requirements are met prior to the project commencing construction. (See attached copy). 2) Conditionally Satisfied. The applicant shall replat the subject property and demonstrate the abandonment of the existing easements prior to issuance of the first building permit. 3) Previously Satisfied. 4) Previously Satisfied. 5) Previously Satisfied. 6) Previously Satisfied. 7) Conditionally Satisfied. Prior to Construction Plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads and fountain design. 8) Conditionally Satisfied. The applicant has provided a typical section showing the location of all common utilities. Prior to Construction Plan approval the applicant will 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 FAX: (561) 286 -3925 http: / /www.lbfh.00m • e-mail: lnfo®Ibfh.com PAI M CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE Soverel North Townhomes Project No. 98 -4006 Page 2 need to provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. 9) Previously Satisfied. 10) Previously Satisfied. 11) A. The applicant is requesting a waiver from LDR Section 118 -475 and is proposing 9' wide parking spaces. We support the LDR's requirements for a standard 10' wide parking space. B. Satisfied. The applicant has revised the parking space detail and handicap parking space detail to show contrasting colored paver bricks for striping and handicap symbols. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Satisfied. The applicant has shown a 12 -inch wide strip of white pavers on each side of the pedestrian crossing. 19) The applicant has relocated the buildings east and west of the proposed pedestrian pathway to provide the required 10 foot minimum separation between buildings. We had previously suggested that the applicant provide a landscape strip between the driveways and pedestrian pathway to provide an increased level of pedestrian safety. The applicant has resisted this suggestion primarily because it would be difficult to use the driveways in their proposed configuration if the landscape strips were added. However, in the proposed configuration, vehicles will be crossing over the pathway when entering or existing the driveways. Because of this, we are technically obligated to continue our recommendation that the geometry provide for a separation between pedestrian and vehicular areas. 20) Satisfied. The applicant has shown the pedestrian sidewalk continues from the South Soverel North Townhomes Page 3 Project No. 98 -4006 Garden Gazebo to the pedestrian crossing at the roadway. 21) Conditionally Satisfied. Prior to City Council approval, the applicant shall show the required signage for the pedestrian crossing per F.D.O.T (Manual on Uniform Traffic Control Design Wl 1A -2). 22) Satisfied. The applicant has revised the 6" extended curb detail to an FDOT type `D' curb detail. 23) Satisfied. The landscape plan has been revised to show a 20 -foot landscape maintenance easement, consistent with the Site Plan and Drainage Plan. 24) Satisfied. The applicant has revised lake section A -A to show:the 20 -foot landscape maintenance easement at a maximum slope of 8:1. The applicant also revised the cross slope on the patio to a 40:1. 25) The control structure and drainage details provided with the Site Plan will be reviewed during Construction Plan review, when detailed drainage calculations are provided. Therefore, there may be additional comments issued, at that time. As a reminder to the applicant, all drainage pipes under pavement shall be reinforced concrete. The applicant is requested to return a copy of our comments with the applicant's acknowledgment of each comment and the response. Compliance will expedite the subsequent review. TJ/RC PAPBOMEM014006i.doc c: Bobbie Herakovich Roxanne Manning Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS December 30, 1998 Mr. Ken Rogers Palm Beach County Land Development P.O. Box 21229 West Palm Beach, FL 33416 -1229 RE: City of Palm Beach Gardens; Marina Gardens Dear Mr. Rogers: We are currently reviewing the Marina Gardens project for site plan approval. The project is scheduled for 1' reading at the January 21, 1998 City Council meeting. It should be noted that the conceptual drainage plan prepared by EnviroDesign shows the project outfalling to the existing Palm Beach County storm water system within the Idlewild Road right -of -way. We have not received any detailed information on the project's proposed storm water system or on the improvements that may be required by Palm Beach County for this connection. However, we are aware that the County may require improvements to the existing drainage system as well as roadway improvements. We are therefore recommending that the first !condition of approval read, "Prior to Construction Plan approval, the applicant shall provide approved permits from Pa1_m Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County." We have also included a copy of the SFWMD response comments to .Higgins Engineering, Inc. dated December 17, 1998 for drainage improvements to Idlewild Road. Please call me at (561) 286 -3883 if you would like to discuss further any improvements to Idlewild Road that the County may be requiring. Sincerely, LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. e—, 410-x - .. Lennart E. Lindahl, P.E. City Engineer TJ P:\pbgmemo\4003j.doc c: Bobbie Herakovich Roxanne Manning Marty Minor 3550 S.W. CORPORATE PARKWAY • PALM CRY. FLORIDA 34990 • (561) 286 -3883 • FAX (561) 286 -3925 httpJ /www.rofh.com • e-man: into®Ibfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE • . DEC 22 ' 98 05: 13PM PALM BEACH GqMDG 4Y4., (3)South. Florida Water Management agement District 3301 Gun Club Road, West Palm Bea Florida 33406 - (561) 68 Desch, 6 -8300 • FL WATS i- 800 -432 -2045 TDI) (561) 697 -2574 CON 24 -06-02 Application No. 9811117 -3 Regulation Department December 17,1998 Robert W. Higgins, P.E. Higgins Engineering, Inc. 4623 Forrest Hill Blvd, Suite 113 West Palm Beach, "FL 33415 Dear Mr. Higgins: 12- 22-98P01:02 RC Subject: Idlewild Road Drainage Improvement, Palm Beach County, S5 /T42S/R43E Staff has completed a preliminary review of the above referenced application. According to Rule 40E -40, Florida Administrative Code (PAC), satisfactory answers to the following comments must be provided before our review can continue. 1. Please be advised that the water quality treatment volume needs to be the greater value of either the fast inch of runoff over the the project acreage or'2.5" times the percentage impervious. Please revise calculations and re-submit—please note that the District shall reduce the water quality requirements, if documentation is provided which demonstrates that all reasonable design alternatives have been considered, and. which provides evidence that the alternatives are all cost-prohibitive. 2. Please provide a table that summarizes the project's land use (acreage and percentage) using the following categories: toW, green area, and pavement. 3. Please provide more detail on drawing (sheet 4) of the exfiltration trench pursuant to Volume N. to indicate the appropriate elevations. 4. Please provide soil borings or other information which demonstrates that the proposed control elevation is appropriate for this submittal, 5. Please be advised that percolation tests must be submitted if exfiltration systems are proposed. Percolation tests shall be representative of design conditions. Please submit results. 6. Please provide more detail of the S -1 control structure (sheet 3) showing the north invert of the 18 L.P. of 24" RCP. Governi Baard, Frank Williamson, Jr., Chairman Vera K Carter Richard & Machek Samuel E. Poole III, Executive Director Eugene K Persia, Vice Chairman William E. Graham Michael D. Minton Mlchael Slayton, Deput; M=dve Mreccor Mirchcii W. Berger William Hammond Miriam Singer Mailinc Mdo%<! P.O. Ro+c /Mill`s. W-f PArn Rrarh Pr ZZ4tA-4ARn DEC 22 '98 o5 .,13PM PALM BEACH GARDENS P.3 Robert W. Higgins, P.E. Higgins Engineering, lna Subject: IdleMld Road. Drainage Improvement December 17,1998 Page Z of 2 7. How is runoff east of station 24 +00 being treated for water quality? Please address this issue. In accordance with 40E•1.603(8) FAC, if the requested inform -al on is not received within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicapt, Please attach a_conv_ o£_the-molosed "Transmittal Form For Rmested Additional ?nformation "__to each of the,reauhed POUR eppies'of_thc requested Information. Should you have any questions, please call Rick Sob=k at (561) 682 -6868. Sincerely, 04n--01� Maria C. Clemente, P.E. Senior Supervising Engineer Surface Water Management Division MCC1rps Attachment c: DEP/Palm Beach County Engineer/ Cown of jP64;J3each Gardens Engineer lr,. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 21, 1999 Date Prepared: December 31, 1998 Subject/Agenda Item First reading of Ordinance 6, 1999 approving petition PUD- 98 -08, a request by MPA Architects, Inc., agent for Palm Beach Community College, for approval of an amendment to the previously approved Palm Beach Community College Performing Arts Center Planned Unit Development (PUD), that will incorporate the former YMCA site (located directly to the south) into the PUD. The applicant is also requesting site plan approval for a proposed edu -care facility. The former YMCA site will be used for 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. A 9,750 square -foot theatre training facility is also being proposed, which would expand the existing theatre. The 14.6 -acre site is located on the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue. (6- 42S -43E) Recommendation /Motion: Staff recommends that Ordinance 6, 1999 be approved with 4 conditions. Reviewed by: 1 1 Originating Dept.: Costs: $ Total Council Action: City AttorneO�L Growth Management [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other - Ordinance 6, 1999 —Site Plan - Comments from City Engineer - Comments from City Forester - Comments from Police Department —TABLE 1 • Existing Land Use & Zoning and Site [ ] Not Required Analysis Submitted by%f Growth Management Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by MPA Architects, Inc., agent for Palm Beach Community College, for approval of an amendment to a planned unit development (PUD), that permits the incorporation of 6.47 acres into the previously approved PUD (for a total of 14.6 acres). The proposed project will contain an existing theatre building with an expansion, a media - technology training facility, a central chiller area, and an edu -care facility that is designed to be a center for teaching day -care skills to students enrolled at Palm Beach Community College. The proposed project is located at the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue. BACKGROUND: The Palm Beach Community College Performing Arts Theatre (approved as a PUD by Ordinance 6, 1992) is an 8.14 -acre tract of land located on the southwest corner of Campus Drive and Fairchild Avenue, and currently houses the Eissey Theatre, a 26,890 square -foot performing arts center. To the north of the site is the Palm Beach Gardens Branch of the Palm Beach County Library System. To the east of the site is the Eissey Campus of Palm Beach Community College, and some undeveloped land owned by the City of Palm Beach Gardens; this area is zoned Planned Development Area (PDA). To the west of the site is Monet Gardens, a single family residential community that is currently in Unincorporated Palm Beach County. To the south of the previously approved PUD is a 6.47 -acre site that was formerly a YMCA, is owned by Palm Beach Community College, and is zoned as a Planned Development Area (PDA). This 6.47 -acre site is bound to the south by RCA Boulevard and a multi - family residential community (zoned Residential Medium - RM), to the west by Monet Gardens residential community (in Unincorporated Palm-Beach County), and to the east by the City of Palm Beach Gardens Fire /Rescue Facility (zoned Public/institutional - P /1). The proposed amendment to the previously approved PUD will permit the inclusion of the 6.47 acres into the approved PUD, and approve the site plan for the edu -care facility. The former YMCA will be replaced by an edu -care facility that is designed to teach Palm Beach Community College students the skills needed in the operation of a day -care facility. Palm Beach Community College intends to Master Plan the remaining acreage on the previously approved PUD, and the former YMCA site, as educational facilities of varying types in the phases listed on the following page. 2 PHASING PLAN PHASE 1 Already Developed Eissey Theatre Facility PROJECT DETAILS: The applicant's request is for an expansion of the overall site, and for site plan approval for the proposed edu -care facility. The applicant shall seek site plan approval with future applications /proposals, for the expansion of the theatre building and the central chiller area (phase 3), and the media - technology training facility (phase 4). Therefore, these project details refer to the proposed edu -care facility. The proposed edu -care facility will be used to service the pre - kindergarten aged children of the college's faculty, staff, and enrolled students. No customers outside of this scope are projected because the existing day -care teaching facility at the Community College's Central campus in Lake Worth currently has a long waiting list from a similar in -house base. However, the Community College does not rule out the possibility that some of the users in the future may come from the general public. The proposed edu -care facility is a 12,000 square -foot, one -story building. The facility is L- shaped, which aids to the screening of the required outdoor play area to the northwest of the building. The main entry feature is located at the intersection of the "L", and faces the intersection of Campus Drive and RCA Boulevard. A covered porte- cochere extends from the main entry to assist people at the circular vehicular drop -off and pick -up area in front of the building. Double- Loaded parking isles extend out from the circular drive to the south and east of the building. Site Access Vehicular access to the edu -care facility is proposed from the south, and consists of a new driveway connected to RCA Boulevard approximately 325'feet from the center of the intersection with Campus Drive to the east. The proposed Phase II development will include 32 parking spaces, 2 of which are handicap accessible. No interior paved connection to the north with the Eissey Theater will be made in Phase II. 3 Dumpster The proposed dumpster enclosure for the edu -care facility will be located to the northeast of the building along the east parking area. No loading zones are being proposed. Signage & Walkways No site signage is being proposed at this time, but the main entry will have a cast metal letter identification sign mounted on the wall of the building. The existing sidewalk along the north side of RCA Boulevard will remain. Landscaping Although an existing vegetated buffer exists along the west property line adjacent to the residential area, landscaping will be added to intensify this buffer, especially along the west side of the outdoor play area. Some existing trees along the east property line, adjacent to the parking area, will be preserved. A variety of native trees, shrubs, and ground covers will be utilized throughout the interior of the site. Drainage The existing lake wet retention area to the south of the Eissey Theater will be expanded in the Phase II construction stage to accommodate all future development as indicated on the Master Plan. The outfall for the lake will be redirected to the south, into the drainage system along RCA Boulevard, to relieve the capacity of the drainage system to the north along PGA Boulevard. Utilities The current on -site water and sewer utilities will be expanded to accommodate all current and future phases. A stub -out for a sewer connection will extend to the east to connect with the Fire - Rescue Facility that is currently on a septic tank system. Traffic Concurrency The applicant is offsetting any traffic impacts by reducing the amount of square footage in the previously approved PUD by the same amount as is being shown for the area proposed to be included in the PUD. The applicant has also stated that their traffic report concludes that the impact on existing roads and thoroughfares will be minimal because the majority of traffic flow to and from the site will be internal to the Palm Beach Community College Campus. CONCERNS RAISED BY NEIGHBORING RESIDENTS: A public hearing was conducted at the December 8, 1998 Planning and Zoning Commission meeting. At this hearing, several residents voiced their concerns regarding the proposed project. All of these residents live immediately to the west of the Community College site. Their concerns are: 4 1. The landscaping and fence along the western boundary of the site have not been maintained by the College in the past. How will the College address this shortcoming? cz,This concern has been addressed in the conditions of approval. 2. What type of noise will be produced from the site (the chiller area in particular)? rwThe mechanical equipment shall be kept in its own building, which should eliminate any problems concerning noise. 3. How will the threat of flooding be addressed, especially since there has been a change in the drainage pattern? This concern has been addressed by the City Engineer in the Drainage section of this report. 4. How will the lighting be designed so that it does not encroach upon their homes? rFThe applicant has stated that the lighting shall be positioned in such a way as not to cause problems for the neighboring residents, meaning that Lights from the site will not shine into residents' windows. CITY STAFF REVIEW: Buildinq 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 also stated that the proposed building signs are in compliance with the City Code. City Engineerinq Assistant City Engineer Tammy Jacobs has reviewed the plans for this project. Ms. Jacobs' comments are attached to this report. Seacoast Seacoast Utility Authority has stated that they have no concerns, at this time, regarding this project. Fire Assistant Chief / Fire Marshall Scott Fetterman has no concerns regarding this project. Police Officer Jay Spencer has reviewed the plans and submitted a matrix detailing his E concerns (see attachment). City Forester City Forester Mark Hendrickson has reviewed the plans and responded with several comments. His comments are attached to this report. Planning & Zoning Division The Planning and Zoning Division reviewed the revised plans for the proposed project and made the following comments: 1. Prior to review by the City Council, a revised master plan of the entire college site shall be submitted to the Planning and Zoning Division, which shows where the square footage will be eliminated from the existing site to offset the proposed project. SATISFIED 12/21/98 2. Prior to review by the City Council, the applicant shall submit a revised copy of the traffic statement that lists the appropriate total square footage for the proposed project (56,050 square feet). SATISFIED 12/21/98 3. Prior to review by the City Council, the applicant shall acquire a standard permit from the Northern Palm Beach County Improvement District (or a letter from said agency stating that the standard permit is not required). A copy of the permit or letter shall be submitted to the City's Planning and Zoning Division. CONDITIONALLY SATISFIED WITH COPY OF APPLICATION FOR PERMIT 12/21/98 PLANNING AND ZONING COMMISSION REVIEW: At its November 10, 1998 and November 24, 1998 meetings, the Planning and Zoning Commission reviewed this petition as a workshop. The Commission had the following comments and concerns: 1. The roof color needs to be more subdued (not as bright). 2. The dead -end in the parking area to the south of the Edu -Care building needs to be eliminated. 3. The mechanical equipment (including screening) needs to be shown on the plans. 4. A landscaped berm needs to be shown on the plans between the proposed site and RCA Boulevard. 5. A color elevation of the site from RCA Boulevard, showing the landscaping, needs to be provided. 6 6. More intensive landscaping needs to be shown on the plans throughout the proposed site. The applicant addressed these issues in a subsequent submittal. PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on December 8, 1998 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition PUD- 98 -08, a request for approval of a planned unit development (PUD) amendment for the expansion of a site, and approval of a site plan for an edu -care facility on the 14.6 -acre site, with the following conditions: Prior to final approval by City Council, the applicant shall acquire a standard permit from the Northern Palm Beach County Improvement District (or a letter from said agency stating that the standard permit is not required). A copy of the permit or letter shall be submitted to the City's Planning and Zoning Division. (Planning &Zoning Division) 2. Prior to final approval by City Council, any and all revisions for the proposed project shall be reviewed and found to be satisfactory by the Palm Beach County Traffic Division and the City's Traffic Consultant. (City Engineer) 3. Prior to final approval by City Council, the applicant shall indicate how the storm water that has been historically accepted at the north end of the existing drainage ditch will be conveyed a distance of 330 feet to the proposed inlet. The applicant shall also relocate the shrubs proposed along the east property line so that they do not impede off -site storm water conveyance to the proposed pipe /inlet system. (City Engineer) 4. Prior to final approval by City Council, the applicant shall add one (1) additional stop sign /bar on Phase II at the egres's lane of the one -way drive aisle. (City Engineer) 5. Prior to the Community College surpassing the permitted enrollment level of 5,000 students, the College shall submit a revised traffic statement to the City Planning and Zoning Division. (Planning & Zoning Division) 7 STAFF RECOMMENDATION (monitoring entity): The Staff also recommends APPROVAL of petition PUD- 98 -08, a request for planned unit development (PUD) amendment approval of a project that would expand the previously approved site (and approve an edu -care facility), with the conditions stated by the Planning and Zoning Commission, as well as the following conditions: 1. Prior to final approval by City Council, the applicant shall show on the appropriate plans, the continuation of the Phase I western buffer along the western boundary of Phase II. The western buffer for Phase II shall contain a six (6) foot high chain link fence and landscaping, similar to phase I plans as depicted on condition number four (4) of Resolution 59, 1993, for the retention lake area. The six (6) foot high chain link fence shall continue past the retention area to the southwestern corner of the property. (City Forester) 2. Within sixty (60) days of the approval date of this ordinance, all exotic vegetation shall be removed from the preserve areas of Phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. (City Forester) 3. Within thirty (30) days of the approval date of this ordinance, a landscape plan for the existing trailer shall be submitted for the City's administrative approval. (City Forester) 4. The Palm Beach Community College shall agree to allow the Landscape Architect of Record (L.A.), and the City Forester, to inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and the City Forester. (City Forester) g /short: pud9808.cc /jl 8 Yes (conditionally) Planned Development Area College Education & Public or Institutional (P/I) & Training Facility Yes Min. Building Site Area: -6.47 acres (281,833.2 sgft.) 15,000 square feet + -8.14 acres (354,578.4 sgft.) 14.61 acres (636,411.6 sqft) ..... if,.l.'' %':' +i :::: :.... .. 1 Subject Property Public or Public Existing Campus & Institutional (P/I) & (P) Vacant Land Planned Development (former YMCA) Area (PDA) North Public or Public Palm Beach County Institutional (P/I) (P) Library (PBG Branch) South Residential- Medium Residential -Low Residential (RM) (RL) (The Oaks) East Public or Public Palm Beach Institutional (P/I) (P) Community College West Unincorporated Unincorporated Residential Palm Beach County Palm Beach County (Monet Gardens) Yes (conditionally) Planned Development Area College Education & Public or Institutional (P/I) & Training Facility Yes Min. Building Site Area: -6.47 acres (281,833.2 sgft.) 15,000 square feet + -8.14 acres (354,578.4 sgft.) 14.61 acres (636,411.6 sqft) Yes Min. Building Site Width: 100 feet 930 feet Yes Max. Building Lot Coverage: 40% 10.4% Yes Max. Building Height: 45 feet 45 feet Yes Front Setback: 25 feet 117.17 feet Yes Side Setback: 15 feet 125 feet Yes Rear Setback: 15 feet 80 feet Yes Min. Open Space: 15% -48.4% January 21, 1999 ORDINANCE 6,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF PALM BEACH COMMUNITY COLLEGE FOR REZONING OF 6.47 -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; TO AMEND ORDINANCE 6, 1992 BY AMENDING THE SITE PLAN TO INCLUDE SAID IMPROVEMENTS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Palm Beach Community College for approval for rezoning of 6.47 acres of land located on the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue, as more particularly described in Exhibit "A" attached hereto, to a Planned Unit Development (PUD); WHEREAS, the 6.47 acres currently has a zoning designation of.Planned Development Area (PDA) and a land use designation of Public (P); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City approved Ordinance 6, 1992 approving a planned unit development (PUD) of 8.14 acres of real property known as the "Palm Beach Community College Theater ", more particularly described in Exhibit "B" attached hereto; WHEREAS, the City has received an application from Palm Beach Community College to amend Ordinance 6, 1992 for a 6.47 acre expansion of the previously approved 8.14 acre site, to include 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 on the northwest corner of Campus Drive and RCA Boulevard; 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; and WHEREAS, the City's Growth Management Department has recommended approval of "Palm Beach Community College Performing Arts Centre Amendment (including Edu -Care facility) ". 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 Palm Beach Community College for the re- zoning of 6.47 acres from Planned Development Area (PDA) to Public or Institutional (PI), as more particularly described in Exhibit "A ". SECTION 2, The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Palm Beach Community College for an amendment to Ordinance 6, 1992 that amends the site plan to include 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, as more particularly described in Exhibit `B ". SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Palm Beach Community College for an amendment to a PUD of 14.6 total acres (including 6.47 acres that are being incorporated into the previously approved PUD) located on the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue, as more particularly described in Exhibits "A" and "B" attached hereto, from Planned Development Area (PDA) to Planned Unit Development (PUD), in order to construct a 12,000 square -foot edu -care facility, a future 32,000 square -foot media - technology training facility, and a future 2,300 square -foot central chiller area, to be known as the Palm Beach Community College Performing Arts Centre. SECTION 4, Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: When the Community College reaches its permitted enrollment level of 5,000 students, the College shall submit a revised traffic statement to the City Planning and Zoning Division. (Planning & Zoning Division) 2. Within sixty (60) days of the effective date of this ordinance, all exotic vegetation shall be removed from the preserve areas of Phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. (City Forester) 2 3. Within thirty (30) days of the effective date of this ordinance, a landscape plan for the existing trailer shall be submitted to the City for consideration of administrative approval. (City Forester) 4. The Palm Beach Community College shall agree to allow the Landscape Architect of Record (L.A.), and the City Forester, to inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and the City Forester. (City Forester) SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. December 21, 1998 Eissey Campus Master Plan, MPA Architects, Sheet EC -1. 2. December 1, 1998 Master Plan, MPA Architects, Sheet MPA -1. 3. December 1, 1998 Floor Plan, MPA Architects, Sheet MPA -2. 4. December 1, 1998 Exterior Elevations, MPA Architects, Sheet MPA -3. 5. December 1, 1998 Roof Plan and Dumpster Enclosure Details, MPA Architects, Sheet MPA -4. 6. December 1, 1998 Revised Site Lighting, MPA Architects, Sheet MPA -5. 7. November 30, 1998 Master Landscape Plan, Neal, Smith ,& Associates, Sheet ML -1. 8. November 30, 1998 Partial Planting Plans (North & South), Neal, Smith & Associates, Sheets L -1 and L -2. 9. December 1, 1998 Water & Sanitary Sewer Plan, DiFonte & Thomas, Inc., Sheet MP -1. 10. December 21, 1998 Paving, Grading & Drainage Plan, DiFonte & Thomas, Inc., Sheet MP -2. 11. December 1, 1998 Details and General Notes, DiFonte & Thomas, Inc., Sheet MP -3. 12. May 26, 1998 Boundary & Topographic Survey, Lawson, Noble & Webb, Inc., Sheets # 1 and #3. 3 13. August 3, 1998 Boundary & Topographic Survey, Lawson, Noble & Webb, Inc., Sheet #2. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF '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 g/short:pud9808.of1 /jl 4 Exhibit "A" THE WEST. 465 FEET OF THE' SOUL I IWEST•: 1/4 OF. THE. SOUL f {E 51 •1 /4 .-k-)F -THE. SOUTHEAST 1 /4 Qr" SECTION 6.. TOV l$fl(f 42 SpUIIi. RAMGE,'43 FAST, PALM. BEACH COUNM TLORIUA:.: SUBJECT TO EASEMENTS-AND RESTRICI I0N5' OF 'RECCIRD. CONTAINING. 6.466. ArRES, MORE OR .LE.SS: Exhibit "B" EXACT ` G DESCRIPTION OF = QJM; ,a PROPERTY (Attach if insufficient space) DES.- R!I?TIQhJ_: N.':— .TRACT '110 PART Of TIIE.SOUTHEAST-AUARTER (SE .1 .4))' OF THE SOUTHEAST .QUARTER .((;ts : . (/4) OF SECTION 6,• TOWNS.H(R..42: SOUTH, RANGE 43 EAST,: PALM BEACH •GARUE1t1S', ` r`L0RibA,- LYING•WE•ST•OF THE WEST'.RIGHT OF'WAY'LINE OF CAMPUS•ORIYE.:AS DESCRIBED IM OFFICIAL. RECORD 80414 2959-AT.`PA6E 20.2 THROUGH 206;;pUBIJG RECORDS.OF PALM BEACH COUNTY. LESS AND EXCEPT THEREFROM THE RIGHT' OF? WAY Or, RCA UOULEY.Ako, tHAT. CERTAIN PARCEL. 6F* CANO DESCRIBED IN-OFF4CIk.. -RECORD •BOOK 16921' .AT.PAGE- 1682, THAT CERTAIN PARCEL- OF. AND•DESQ3.1BE0 IN.•OrTIC1AL 11ECORO' BOOK .5331 -AT PAGE 104 AND Al SO I ESS ANb EXCEP,t.,TNAT CER7AIN.PARCEL• OF.LMb .ESMBED w Off'ICk RE0011D 0001f 7622' AT iiAM.- ,431,5: ; C )WAINING IN ALL 8.137 ACRES, MORE: OR LESS. SIJBJECT-.TO EASEMENTS AND RESTRICTIONS OR RECORD. 0 ES; C..RI.F?:TI.0 PSI : `,YM QA T THE WEST 465• FEET Or THE SOUTOWEST''1 /..4 Or. THE . $OUI fIEA'_*PT .1,!4.0F -THE SOUTHEAST 1/4 0r,. SECT- WN 6,. TOWNSHIG 42 SOU I N, RAJ-(GE '43: EAST, PALM. BEACH COUNTYI: FLORIDA.• SUBJECT TO EASEMENTS'AND RESTRtCl IONS: OF•.RECORO. CONTAININD.' 6.466. ACRES, MORE OR .LESS: ; &bf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: December 30, 1998 A SUBJECT: Palm Beach Community College Educare Facility (LBFH File No 98 -4020) We have reviewed the Paving, Grading & Drainage Plan and Details prepared by DiFonte & Thomas, Inc. received December 28, 1998. We offer the following comments: 1) Conditionally Satisfied. The applicant has submitted a revised Traffic Statement dated December 21, 1998. PBC Traffic Division and the City's Traffic Consultant will review the revised Traffic Statement and we will issue comments once ;their review is complete. Any additional comments as a result of the December 21, 1998 revision will need to be addressed prior to City Council approval. 2) Previously Satisfied. 3) Satisfied. The Paving, Grading & Drainage Plan has been revised to show the phasing limits of Phase II consistent with the Master Plan the radii at the RCA Boulevard entrance as 30' minimum. 4) Previously Satisfied. 5) Previously Satisfied. 6) Conditionally Satisfied. The applicant states in their response dated December 1, 1998 that they propose to fill the existing drainage ditch along the eastern property line, construct a pipe system and accept the historical off -site drainage. However, the existing drainage ditch extends 330' north of the proposed inlet. The applicant shall indicate how the storm water that has been historically accepted at the north end of the existing drainage ditch will be conveyed a distance of 330' to the proposed inlet when the ditch is filled. In addition, the applicant is proposing shrubs along the east property line that will impede off -site storm water conveyance to the proposed pipe /inlet system. Prior to City Council approval, the applicant will need to address these drainage issues. 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 Palm Beach Community College Educare Facility (LBFH File No 98 -4020) Page 2 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Previously Satisfied. 11) Previously Satisfied. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Conditionally Satisfied. Prior to City Council approval, the applicant will need to add one additional stop sign/bar on Phase II at the egress lane of the one -way drive aisle. 16) Previously Satisfied. 17) Previously Satisfied. TJ PAMMEM044020k.doc c: Bobbie Herakovich Roxanne Manning rA� O W v W p4 0 • zoo b aeoi cf) u � m • � a� 00 0 ' bo .� cd cn cd a a � W O o y w 0 a 03 ro 9 a ti r t3 k ci ts Je. rrl 1 H .nj C3. «a o. w v s ss VA � U O b Q •� d ° cn _ cn ro f in u d w � O C41 •0 a c704 zoo b aeoi cf) u � m • � a� 00 0 ' bo .� cd cn cd a a � W O o y w 0 a 03 ro 9 a ti r t3 k ci ts Je. rrl 1 H .nj C3. «a o. w v CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:January 21, 1999 Date Prepared: December 28, 1998 Subject /Agenda Item First Reading of Ordinance 7, 1999 approving petition PUD -98 -03 (The Commons Parcel I), a request by Urban Design Studio, agent, for approval of a 7.304 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 east of its intersection with Avenue of the PGA.(11- 42S -42E) Recommendation/Motion: Staff recommends approval of Ordinance 7, 1999. Reviewed by: k q "� riginating Dept.: Costs: $ Council Action: I ty y %_' (,� City Attorney Growth Management Total [ ] v n ! _ Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. NA _ Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Ordinance, 1998 Site Plan Existing land use &zoning [ ] Not Required and site analysis Submitted by: � Growth Management Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This petition was heard by the City Council as a workshop on November 19, 1998. 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 Channing 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 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. 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 2 place is connected to the commercial portion of the proposed PUD -and will allow a simple 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; 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; gymnasium and fitness center; 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); and china, crockery, glassware and earthenware shop. (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 Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns 4 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: apartments; townhouses; the permitted and conditional 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 good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian including overnight pets (in a soundproof building) and china, crockery, glassware and earthenware shop. (Planning & Zoning) 2. The project signage package shall be subject to review by the Planning and Zoning Commission 5 for its recommendation and 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. The applicant shall work with the City Engineer, 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. If the conflict cannot be resolved, the applicant shall be required to obtain approval from the City Council. (City Engineer, City Forester) 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.. The applicant shall work with the City Engineer, City Forester, and the utility companies to resolve any potential conflicts, with the intent being that the landscape design shall not be changed significantly. If the conflict cannot be resolved, the applicant shall be required to obtain approval from the City Council. (City Engineer, City Forester) 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 6 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 Avenue of the PGA adjacent to Parcel 1, and the medians west of Parcel 1 within the Avenue of 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 shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (Planning & Zoning) 19. Outdoor display directly adjacent to a place of business shall be permitted, in a manner which enhances the pedestrian spaces, for the following businesses: florist, food market, and arts and crafts specialty store. Such display area shall be located directly adjacent to its accompanying 7 place of business and shall not extend more than four (4) feet from the subject business outside wall. 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' PGA Boulevard Corridor. Exceptions may be made for special events subject to the approval of the City. (Planning & Zoning, Code Enforcement) 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 two access points both into and out of 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. t•INDAHI, BROWN(NG, FERRARI & HELLSTROM, INC. CONSWING ENGINEERS, SURVEYORS d MAPPERS. MEMORANDUM TO: Marty Minor MOM: Tanury Jacobs DATE: December 29, 1998 SUBJECT: The Commons — Parcel 1 (LBFH File NO 98 -0005) We have reviewed the Canal Cross Sections prepared by Keshavarz & Associates, revised Site Plan prepared by Oliver & C3li8den & 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 rigbt -'of -way per the proposed cross- sections. Under no circuzms?Annes should the contractor utilize the excess fill from the canal right -of- -way to improve the Commons site. The Public Works Department wiU then access the canal eescmmt 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 appliew has provided Paver Clarification Details prepared by Oliver Chidden, & Partners dated December 23, 1998. The details specify that the 4" double sniping will be comprised of white pavers and the 2' overhang area wild be com�riscd 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) PreAously Satisfied. 8660 S.W. CORPOM7 PARKWAY • PAW O Y, FWRIPA 84990 @ (561) 2$8-3883 • FAX: (561) 286.9226 1" CRY WEST pAIM B1 ACH foRT ME= OKEE"OK ./lib • Ji /. � J.I.M -. .J � � �. The Comm ons— Pareel 1 2 (LBFH File No 984009) 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied, 10) ConditionaIy Satisfied. The applicant has provided a stop sign qt' the south end of the entrance drive aisle from PGA. Boulevard. Prior to construction plan approval, the applicant will nee$ 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 minim -= of 12' x 35'. The applicant is propos4 two Ioading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. IS) 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 casements 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 wdttea authorization fxom the utility owners allowing the applicant to pave and Iandscape withia said easements, K.b. JN. ♦ �.IVi 1 • •t-tl � • �. r � � � ♦. �. � n... .,rte -. � .. , au The Commons - .Pareet 1 3 (LBFH File No 98-0405) 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) Condittonal)y Satisfied. Prior to comtmotion 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. 23) Previously Satisfied. 29) Previously Satisfied. 34) Previously Satisfied, 31) Previously Satisfied. 32) Previously Satisfied. TnW P:1P13GM8MO100005p - Pima] l .doc c: Bobbie xerakovich Roxanne Manning 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 first 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. January 13, 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 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 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: apartments; townhouses; the permitted and conditional 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 good 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 shop. (Planning & Zoning) 2. The project signage package shall be subject to review by the Planning and Zoning Commission for its recommendation and 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 may utilize existing material to grade the canal right -6f -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 2 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 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 adjacent to Parcel 1, and the medians west of Parcel 1 within the Avenue of 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 shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (Planning & Zoning) 19. Outdoor display directly adjacent to a place of business shall be permitted, in a manner which enhances the pedestrian spaces, for the following businesses: florist, food market, and arts and crafts speciality store. Such display area shall be located directly adjacent to its accompanying place of business and shall not extend more than four (4) feet from the subject business outside wall. 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' PGA Boulevard Corridor. Exceptions for outdoor display may be made for special events as approved by the City. (Code Enforcement) 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 two access points both into and out of 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) 24. 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. 25. 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. 26. 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. rd 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. 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 -lA, 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. 5. August 28, 1998 Rights of Way and Access Easements by Oliver. Glidden & 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 SECTION 5.. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS DAY OF '1999. DAY OF '1999. PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO G 1999. COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO _ COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK on 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. Jr,A10tuNu ZUrrirru AND LANND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential High (RH) Residential High Density (RH) Vacant The project provides pedestrian North Residential Medium (RM) Residential Medium (RM) Vacant 0% South Planned Unit Dev. (PUD) Residential Low (RM) Residential YES 10 feet East Planned Unit Dev. (PUD) Residential Medium (RM) Residential No 35% West Residential High (RH) Residential High (RH) Residential & Commercial Neighborhood Commercial Commercial ( C ) (CN) MIXED USE DEVEM WITH' REQUIREMENT Shall be developed as a PCD or a PUD. Shall have frontage on at least one arterial. Shall include a minimum of 2 of the other Future Land Use Categories, including Resi- dential, and having no use comprise more than 60% of the area. The individual uses, buildings, and/or develop- ment pods within MXD districts shall include interconnecting pedestrian ways and plazas and shall provide connections to the Parkway System. At least 25% of the net building area shall be designated for residential use and shall be located above the ground floor. r Parking (nonresidential- 1 /200s.f.) 192 spaces - Townhomes 80 spaces Setbacks:Front, 30 feet Side, 20 feet Rear, 20 feet Open Space - MXD PUD -Min. 25% - RH -Min. 35% )PMENT (MXD) DISTRICT'S CONSISTENCY THE COMPREHENSIVE PLAN PROJECT PROPOSAL CONSISTENT? Proposed to be developed as a PUD. YES Proposed to abut PGA Boulevard. YES Proposed to develop both commercial YES and residential on the site. The project provides pedestrian YES connections to the parkway system, ways and plazas. 0% NO 206 spaces YES 94 spaces YES 10 feet No 5 feet No 13 feet -1 inch No 35% YES 35% YES .1 ,J J ti Jam/ , A HO �ag�� vDI � $ 1* 1 n11 1 L. i J y CL 0 � d '�� Im -4-1 0 0, Lo sJ 9� fell 2� mg III M � 1111 0g bg 1,011, 1 MV � %1l 4ntt eo �'�Q p L � Yi 3p U O"T fh•tC'Ct 07 Oze trnu Run •tnm,rRrrrrn \errnnnirnn\nun\nvn e 0 �Eo: UIJ c t K n° �e _30 Qv p` n vu eo �'�Q p L � Yi 3p U O"T fh•tC'Ct 07 Oze trnu Run •tnm,rRrrrrn \errnnnirnn\nun\nvn e 0 �Eo: UIJ ® ® ® ■ ■ ■ ■ z -I M x x x O cl) -o =3 e-7—t- 0 3 CD r r r--r CD (n e ^ t� 0 n ' =3 O Ul rt � W 1�0 Lrl O al p� O C� n � O v n m momm ata D rn O D O r r rw 7 Ii CCI D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 21, 1999 Date Prepared: December 31, 1998 Subject/Agenda Item First reading of Ordinance 8, 1999, petition PUD -98 -04 (The Commons, Parcel 2), by Urban Design Studio, agent for Channing Corporation XXX, for rezoning of a parcel to a Planned Unit Development (PUD), and approval of a mixed -use project with 17 residential units, and 29,710 square feet of commercial business with eight (8) residential units above the businesses totaling 10,420 square feet. The 8.997 -acre site is located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. (11- 42S -42E) Recommendation /Motion: Staff recommends that Ordinance 8, 1999 be approved with 26 conditions. Reviewed by �� riginating Dept.: Costs: $ Council Action: Total City AttorneRny -1 Growth Management [ I Finance NA $ [ ]A pproved w/ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other — Ordinance Q '1999 -Site Plan - Comments from City Engineer -Comments from City Forester —TABLE 1 • Existing Land Use & Zoning Site Analysis —TABLE 2 • Mixed Use Development (MXD) District's Consistency w/ the Comp. Plan & [ ] Not Required Consistency w/ Code Submitted by: � Growth Management Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required 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. See table below. Residential: Office: 44,595 s.f. 11 13,756 s.f. 17 Townhomes II General: 34,175 s.f. 6,606 s.f. 8 Apartments II Medical: 10,420 s.f. 7,150 s.f. General Retail: Restaurant: 12,654 s.f. 11 41975 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. This petition was workshopped with the City Council on November 19, 1998. City Council made no comments at this meeting regarding the proposed project. PROJECT DETAILS: RESIDENCES: The 17 multi - family dwelling units proposed for the parcel will be three (3) and four (4) unit townhomes. 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. 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 10. tailor 11. costume /tuxedo rental 12. locksmith 13. gymnasium and fitness center 14. bicycle shop 15. hardware store 16. confectionery and ice cream shop 17. tobacco shop 18. clothing and accessory store 19. cosmetics shop 20. electronics sales and repair 21. optical store 22. furniture store 23. liquor store 24. food market 25. shoe store 26. sporting good store 27. toy store 28. music store 29. household furnishing store 30. luggage store 31. linen shop 32. interior decorator shop 33. newsstand 34. paint and wallpaper store 35. video rentals (family oriented) 36. veterinarian (overnight pets subject to City performance standards) 37. pet shop, including overnight pets (in a soundproof building) 38. china, crockery, glassware, and earthenware shop. The permitted and conditional uses in the CN zoning district, as referenced above, are: 1. 2. 3. 4. 5. 6. 7. 8. 9. antique store appliance store apothecary retail bakery bookstore delicatessen drugstore. gift shop, cards grocery store 4 5 10. hobby supply store 11. jewelry store 12. restaurant (including on- premise consumption of liquor, beer and wine) 13. bank/financial institution 14. barbershop or beauty shop 15. dry cleaning 16. laundry, self service 17. laundry and /or dry cleaning pickup station 18. nursery or day care 19. picture framing 20. reducing salon 21. shoe repair shop 22. church 23. police substation 24. post office 25. museum 26. private club or lodge 27. library or reading room 28. public recreation center 29. 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 n 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. 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 210 spaces. SIGNA GE: 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. 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 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 and an access point out of the area (2 access points total). 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 ON 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; 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; gymnasium and fitness center; 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 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 may be made for special events as approved by the City. (Code Enforcement) 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 points, both into and out of 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 Planning and Zoning Commission for its recommendation and 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 (Y2) 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 shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (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, or intentionally or unintentionally alter the approved PGA Boulevard Parkway irrigation system without the express written consent of the City 12 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) g /short: pud9604 =3 Subject Property Vacant North Residential South Residential East Vacant & Residential Residential Medium Density (RM) Residential Medium Density (RM) Planned Unit Dev. (PUD) with underlying RM Residential Medium Density (RM) Residential Low Density - 2 (RL2) Residential High Density (RH) Residential Medium Density (RM) Residential Medium Density (RM) Residential Low Density (RL) Residential Medium Density (RM) Residential Low Density (RL) West Planned Unit Dev. (PUD) Residential Medium Residential with underlying RM Density (RM) (Woodland Lakes) 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. I Proposed to abut PGA Boulevard. I 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 MYD 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. » »:: >:: >;; 1. :::EEfEE:`•:: >:: >::i:i ':. ..i .:�.�' `•.E #E >'E<iEiiiiiE iEEEEEEE >:::<:::::> •: ...r .......................... .................... 1 ::::.:::::::....:..... .................... : : : : : : : : : :; ..;; ., PARKING for townhomes I 57 spaces shall be at least 44 spaces. PARKING for mixed -use 170 spaces section shall be at least 210 spaces (shopping center criteria of 1 space per 200 square feet). SETBACKS (for townhomes): Front = 30 feet 10 feet Front to garage = 20 feet 20 feet Sides = 20 feet 4 feet Rear = 20 feet 11 feet 3 inches YES NO (deviation) NO (deviation) YES NO (deviation) NO (deviation) January 13,1999 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 Channing Corporation XXX for rezoning of 8.997 acres of land located at the southeast 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; 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; gymnasium and fitness center; 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 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) 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 points, both into and out of 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 4 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 Planning and Zoning Commission for its recommendation and 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) 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) 3 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) 21. Any conversions of uses shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (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) 4 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, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans; construction of the sidewalks shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) 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). 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). 5 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, L10, and L11 (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). SECTION 4. This Ordinance shall be effective upon adoption. C PLACED ON FIRST READING THIS DAY OF '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 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g/short:pud9804.or4 /jl COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY tai /megAidm, :W -.10 7 Exhibit "A" ..XACT LEQAL DESCRIPTION OF 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 12530'FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, PNCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00' 39' 17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE SOUTH 79' 11' 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 00' 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 „P.GA Boulevard and Avenue of the PGA , on the (s:onh, e—, south, west) side of, PGA Boulevard Property Control No. (s) of the subject parcel (s) 54- 42- 42- 11 -00 -000 -1030 Ntl...'a. 1`.fsR'! 4 A 41 -1'1 L. d r t1 11'h. ♦.... oa-. . a✓ aC� &br 0 LINDAHL, BROWNING, FERRARI & NE LLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS 4 MAPPERS ryjEM0V,A,"UM T0; Marty Minor FROK Tammy Jacobs DATE: December 30, 1998 SUB ,MCT; The Commons —Parcel 2 rte,, (Y DFU File No 98 -0005 We have reviewed the revised Site Plan prepared by Oliver & Glidden & Partners and revised Landscape Plan prepared by Fhvironrawt Design Group received December 10, 1998. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to City Council 4pproval, the applicant will need to submit onai cross - sections satisfying the same criteria As the crosa•seetions prepared by Keshavarz & Associates for Parcel 1 and Parcel 3. Public Works Department, Planning & Zoning Department and Engineering Department will review Parcel 2 cross - sections to determmine 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 circumstances should the contractor utilize the excess fill ftm the canal right -of -way to improve the Commons site. The Public Works Department will then access the canal casement to perform the needed maintenance dredging and utilize th4 excess material to complete the cross - sections at the water's edge, Further, the tuning for completion of the canal improvements will need to be determined by staff and an additional condition drafted accordingly. i 3) Conditionally Satisfied. The applicant has provided Paver Cl cation 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 han4cap diagonal striping within the 5' access aisle and handicap pavement symbols, 4) Satisfied. The applicant has shown the proposed bollards on Site Plan sheets SP -2 and SP. 2A. `-�S) Conditionally Satis£ied. The applicant bm, revised the site plats and landscapc plan to show, all existing casements as shown on the boundary survey. Prior to construction plan approval, the applicant will need to provide documentation showfng the existing 10' SUA easement has been abandoned, aSO CPPOVM PARKWAY • PAIJA CITY, FLORIDA 94990 • (8811 RA148M • FAX- (01) 288.3026 httPVAvww,IDIhaom + e-malk &CIM Loom P4MCITY Y= PALM 2FACM FORT PIERCE - 099M400FE a The Comnmoas —PA=12 (LBFA P0c No W0005) 2 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied, 10) Previously Satisfied. 11) Previously Satisfied. 12) LDR Section 118 -567 requires loading spaces to be a minimum 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. IS) Previously Satisfied. 19) Conditionally Satisfied. Prior to constr4ction plan approval, the applicant shall show the proposed storm sewer casements on the site plan and landscape plan. 20) Previously Satisfied. 21) Previously SatiAfied. ✓ 22) Conditionally Satisfied, Prior to conspgctlon plain approval, the applicant will need to provide written authorimion from the utility owners allowing the applicant to pave Arid lauds,aape within said easements. 23) Previously Satisfied. 24) Previously Satisfied. �/6.V • JN • 1776 1 • -•.r . � .� ., � � � .� �... Toe Commons - Parcel 2 (LBFH Fife No 98 -4005) 25) Previonsly Satisfied, TJ/MA. PAMM$MO\00005p • Parcel 2.doc c; Bobbie Herakovich Roimne Manning Memo To File From: Mark Hendrickson, City Forester m //� 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 first 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 know1his 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 In 114 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 drainage /utilities 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 reauires outdoor sales to be screened from nublic_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." N � � �Jo N17 V Lr) � Lr) M N (3) CU ro D � V fu y-- -1�-J Q) o6 O 4- O O M M fu L. fu --1 Q� O 0 LO L 0 0 0 ro i r m V Ca a) N i N O O ■ V) vs� I un 4J E L ca CL p Z-.-d S � $o" k a, � s 11b c' w U CC3 o � � o a� ct H � V 1 O ct V 1 O O c 1 W W W Q J Ili O Q I uj U) 3 O Q irml f' o ■ • • 1 I ~ I y � W I C pSK 6 kk I � I I I 1 �I z O 1 t 9 17 3 C/1 ct C!1 0 I � r x Z 0 cv �4 mss' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 21, 1999 Date Prepared: January 5, 1999 Subject /Agenda Item First Reading of Ordinance 9, 1999 for petition PUD- 98 -05, a request by Urban Design Studio, agent for Channing Corporation XXX for rezoning 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) Recommendation /Motion: Staff recommends Ordinance 9, 1999 be approved with 27 conditions Reviewed by: DDriginating Dept.: Costs: $ Council Action: � Total City Attorney �i�1 i Growth Management [ ] C �' I Finance NA 12414 $ [ ] Approved w / conditions ACM Current FY [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Site Plan City Engineer Comments [ ] Not Required City Forester Comments Submitted by: Growth Mana Affected arties P [ ] Notified Budget Acct. #:: g [ ] None Approved by: City Manager [ ] Not required REQUEST: 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. Agenda Cover Memorandum Page 2 BACKGROUND: Date: January 21, 1999 This petition was before the City Council for a workshop on November 19, 1998. The Council members did not have any concerns at the meeting. 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: Office: General Retail: 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 �qat$) The development will occur in a single phase. REVIEW PROCESS: This is a request for rezoning 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. 2 Agenda Cover Memorandum Page 3 LAND USE AND ZONING: Date: January 21, 1999 The subject property recently was approved 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 ofMixed 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 rezoning 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 rezoning 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. 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 Date: January 21, 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 Art Studio, Art Gallery, and Art Supplies Neighborhood Commercial (CN) zoning district. Apartments Commercial Photography Studio Townhomes Camera & Photographic Supplies Professional & Business Office Tailor Medical & Dental Office Costume/Tuxedo Rental Blueprinting Service Locksmith Gymnasium & Fitness Center Sporting Goods Store Bicycle Shop Toy Store Hardware Store Music Store Confectionery & Ice Cream Shop Household Furnishing. Store Tobacco Shop Luggage Store Clothing & Accessory Store Linen Shop Cosmetics 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 Veterinarian (overnight pets subject to City soundproof building) performance standards) Food Market Liquor Store Shoe Store China, Crockery, Glassware, and Earthenware Shop 0 Agenda Cover Memorandum Page 5 Date: January 21, 1999 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 Private Club or Lodge Delicatessen Drugstore Gift Shop, Cards Museum Post Office Police Substation Grocery Store Hobby Supply Store Church Shoe Repair Shop Jewelry Store Reducing Salon Restaurant (including on- premise of alcoholic beverages) Picture Framing Bank/Financial Institution Laundry, self service Barbershop or Beauty Shop Dry Cleaning 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 Agenda Cover Memorandum Date: January 21, 1999 Page 6 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. .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 (see attached). Parking spaces closest to the commercial buildings will have a paving tapestry for a decorative effect. In addition, a six - foot -high wall.is being proposed to buffer the residential district to the south from the proposed commercial area (parking lot area only; townhomes will be visible across the canal). Si.Qna.Qe 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. on Zoning RM - Residential dential Mixed Use Planned Unit Development ment Rezonin g Medium proposed ' Front Setback 30 Duplex: 10' ,.. .................... p @ building front Deviation from 20'@ garage code Multi-units: n s. 10 buildin @ g front, 20 @ garage Side Setback 10 Duplex: 6 P Deviation from Multi -unit: 5' code ' Side Corner 20" Multi -unit: 10' Deviation from XX Setback code >? Rear Setback 20 Duplex: 15 p Deviation from Multi -unit: 10' 0 code � Building Height 36' Duplex: 265 1/2 " Yes Max Three-unit „ Four-unit townhome: 26 4 " Building g Height Maximum height of 2 -Story Building Type A/B: To be determined (Max ) buildings in a PUD 30'8 3/4" Main Building i shall be established by 44'8 1/2" Tower City Council ( CG 1. Maximum 3 - Sto r1 Bui lding ldin g T YP e A/B : i To be determined hei g ht 36 ) 43 ,3 1/2" Main Buildin g i 54'2 1/2" Tower Buildin g Type C: 26 3 1/2 " Yes Buildin g Type e D: 26' " 3 1 /4 Yes adtn S ace 12 s x 35 1 at Building g p 3- 2.B.3: 12 x 35 Yes la - ' t Building 3 8. B.2: 14 x 42 g m 1 at Building d 3-1 B.3: 134 " a 415 11 , g Outdoor Must be screened from Applicant requests uests approval al f o r outdoor Outdoor display a Y Display public view display of me rchandise w/ no screeni n g along public bhc ri gP h - g t of -wa Y will require a waiver ' 7 Agenda Cover Memorandum Page 8 Planned Unit Required/ Date: January 21, 1999 Proposed Compliance s 3€� )E?ft*.*1' € � Building Lot 35% Max. (Residential 19% Yes Coverage Medium) Dimensions s' S acp P en e Mixed Use: 15 / Mixed Use: 45 / Yes Frontage . e rum: 35 / Res. Medium: 58 % Use Parking Spaces- Shopping Center: 424 parking s aces (396 required red Consistent with Commercial 1 per 2 00 s.f. P according to Parking Analysis g g Y Applicant's Analysis, PP Y , 110,382/200 _ 552 attached to this report) P but not w/ Shopping o in PP g and having no use Center requirements >> Parking aces - 21 Towntomes 51 68 provided in residential area Yes Residential arkin s P g P aces Proposed project has t ntercon- Yes buildings, and/o r de v - required elo me nt gds w ' m Total Parking Total Required: red: 603 Total Provided: 492 Deviation from code Spaces Parking rkm g 10'x 18.6 10x166 w/ P 2 fl raised aver in Yes Dimensions lieu of wheel stops P MY'` ?'.•.`:. Roadwa Y Shall have frontage on Proposed to abut PGA Blvd. Yes Frontage at least one arterial. Use Shall include a min. of Proposed to develop P both Yes Requirements ments 2 of the other Future residential and commercial on the he Land Use Categories, site including Residential, al , and having no use comprise more than 60% of the area. i E i The individual idual u e s s Proposed project has t ntercon- Yes buildings, and/o r de v - necting walkways, and facilities for elo me nt gds w ' m residents and customers to gather. MXD districts shall The ublic use faciliti ' se P s include clude i include interc onnect - plazas, gazebos, a lawn, and a in pedestrian ways gP Y fountain. and P lazas and shall provide connections to the Parkway System. DEPARTMENTAL COMMENTS 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. Agenda Cover Memorandum Date: January 21, 1999 Page 9 F,ngineering 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's comments are attached to this report, which express his concerns about changing the approved PGA Boulevard Landscape Plan/Sidewalk Plan. 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. Mr. Hendrickson has reviewed the most recent draft of the conditions and has some comments. (See attached for a complete listing.) 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 two access points both into and 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 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. The applicant is currently working on the final details of the landscaping along the canal banks. PLANNING AND ZONING COMMISSION 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: 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, E Agenda Cover Memorandum Page 10 Date: January 21, 1999 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) 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) 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) STAFF RECOMMENDATION 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; 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; 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; music store; household furnishing store; 10 Agenda Cover Memorandum Page 11 Date: January 21, 1999 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) 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' PGA Boulevard Corridor. Exceptions may be made for special events as approved by the City. (Code Enforcement) 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 two access points both into and out of the canal area. (Building) The applicant, his successors and/or assigns shall ensure that the ground cover along the bank of the canal shall not 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) 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 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 reviewed by the Planning and, Zoning Commission for its recommendation and by the City Council for its consideration of approval. (Planning & Zoning Commission) 10. 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) H. 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) 11 Agenda Cover Memorandum Page 1.2 Date: January 21, 1999 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. 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 will need to provide written authorization from the utility owners 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 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) 16.. 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 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 shall be determined by City staff and an additional condition drafted accordingly. (City Engineer) 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, 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) 12 Agenda Cover Memorandum Date: January 21, 1999 Page 13 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 shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (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, 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) 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. (Planning & Zoning) GAShort Range\PUD9805.cc3.wpd 13 January 13,1999 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 1 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: 1. 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; 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; 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; 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 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' PGA Boulevard Corridor. Exceptions for outdoor display may be made for special events as approved by the City. (Code Enforcement) 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 two access points both into and out of the canal area. (Building) 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 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. (Planning & Zoning Commission) 10. Prior to construction plan approval, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans; construction of said sidewalks shall be completed prior to the issuance of the first Certificate of Occupancy. (Building) 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) 3 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 shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (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 4 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 -3E, SP-3W, SPD -3 W, SPD -3E. 3. September 28, 1998 Floor Plans by Oliver Glidden & Partners, Sheets A -1, A -2, A -2.1. 4. September 1, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheet A -3.4. 5. September 28, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets, A -4, A -5, A- 6. 6. October 25, 1998 Exterior Elevations by Oliver Glidden & Partners, Sheets A -3.1, A- 3.2, A -3.3. 7. September 28, 1998 Townhouse Floor Plans and Elevations by Oliver Glidden & Partners, Sheets A -7, A -8, A -10. 8. December 23, 1998 Parking Paver Pattern @ Wheel Stop by Oliver Glidden & Partners, Sheets SP1, SP2, SP3W. SP3E. 9. September 28, 1998 Color Selections by Oliver Glidden & Partners, Sheet C -1. 10. September 29, 1998 Landscape Plan by Environment Design Group, Sheets L1 -L14. 11. September 1, 1998 Rights of Way & Access Easements, Oliver Glidden & Partners, Sheet AE -1. 12. 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 DAY OF '1999. 5 PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 1999. 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: 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 31 EXHIBIT A 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 "NOT INCLUDED" PARCEL SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOT{ 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 I1 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 89'0 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 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. M a� U ra L L U fu N N ■ 4- N O 00 N Q� cn .V rl-d lk 00 kkk N M 4� oC ■ 4.: vi O O N 00 L O O fu L fa cn 4J oC ■ LI/ T--q O M kkk M L O O 7D .a-1 0 4-., L � Cn 4-J 4.j �� CU �C cn IN V fu N d' ,--i N N cn O O H L V) N M Cn 4J L Q ' >> v,�: �: �. �� U O L I I al Ac sy Jul ``'9 : _7 . ;7 OPM 3: -=.i -09 'I �. ... INA amil 4m nan MW m mr.1 jw Jul ``'9 : _7 . ;7 OPM 3: -=.i -09 Jul ``'9 : �o V I O 1 4> 4> ',rrL W W J N 0 W Q W W �n 3 0 ml i i 'l 3 S: e �e z O a W OG 1 of f- P z 0 z 0 �s 0 Cl1 O O t� TO 1� Q z O F z O CIS a� DEC. 30.1998 4= 44t -M L b h H 1f`f- Vw. CA. 44 r. tv 1W IbLeo-'', LINDAHL, BROWNING, FERRARI & HFILSTROM, INC. CONSULTH3 ENGINERRS, SURVEYORS $ MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: December 29, 1998 SUBZCT: The Commons — Parcel 3 (LBT'+H File No 98.0005) We have reviewed the Canal Cross Seetlorp prepared by Kesh4varz & 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. T.he applicant has provided cross - sections that provide a sufficient malztenaace shelf and landscaping acceptable to the City. As a condition of approval, the applicant will utilize existing material and Bade the canal right -,of wny'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 Depattment M11 then access the c-ril easement to perform the needed maintenance dredging and utilize the excess material to complete the cross- sections at the w cr's edge. Further, the hmit?g 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 Qliddea & 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 eontrast?nv paver colors to be used for handicap diagonal striping within the 5' aocess aisle and bandicap pavement symbols.. 4) Conditionally satisfied. Prior to construction plan approval, the applicant will need to provide additional preventaive. 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, shect L2. S) Previously Satisfied. 3550 S.W. CORPORATE PARKWAY , PALM on'N' RJCRPA 34090 • (S61) 288.3883 a FAX(561) 288-3026 hrtPV1www- r0N00M • wm* InfoObhoom , PALM CITY WEST PALM Re4H FORT PIERCE 0511 086E . DEC.33.1999 4 :45PM L B F H INC. The Commons —Vomej 3 (LBFH bile No 98.0005) NU.614 P.9/10 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 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) Li7R 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. IS) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. IS) Previously Satisfied. 19) Conditlotlally 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 land$oape within said easements. 23) Previously Satisfied. DEC. 30.19% 4.45FJM L B F H if*- The Commons -- parcel 3 (LBPH File No 48 -0005) 24) Previously Satisfied. 25) Previously Satisfied. TnMA PAPBOMEMO100005p • ParceI Idoc C ; Bobbie Herakovich Roxwm Manning 1`W.01N r. 110/10 3 Memo To File From: Mark Hendrickson, City Forester In 114 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 drainage /utilities 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 £rom.nublic 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." 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 first 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 8,1999 Subject/Agenda Item Request to approve Artigras Annual Event. Recommendation /Motion: Staff recommends the approval of Artigras 1999. Reviewed by: Originating Dept.: Costs: $_NA Council Action: Total City Attorney NA Administration [ ] Approved Finance NA $ [ ] Approved w/conditions Current FY ACM ?Z;> [ ]Denied Human Res. NA Advertised: NA Funding Source: [ ] Continued to: Other Bldq Official, Public Works, Growth Manaqment, Police, Fire Date: [ ] Operating Attachments: and Parks and Rec. Paper: [ ] Other Festival Summary and [ x ]Not. Required letters of approval Site plan Submitted by: Beth Irlg Id g -Love Affected parties Budget Acct. #:: Parking plan, sign plan M{�J/ [ z ] Notified Special Event Permit [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This is a request for approval of the fourteenth annual Artigras special event scheduled for February 14 -16, 1999, from - 10:00 a.m. to 6: 00 p.m. Artigras is a juried fine arts and crafts festival, including visual and performing arts. The event is located at the north and east perimeter roads of the Gardens Mall, Kew Gardens Boulevard, and The Gardens Parkway. The event includes 385 tents, nine off -site signs and will showcase over 340 local, regional and national artists and crafters. The event is sponsored by the Northern Palm Beaches Chamber of Commerce with an expected attendance of approximately 80,000. The applicant will obtain services from Police, Fire and Public Works and has received the necessary permissions from the Forbes /Cohen Properties and the MacArthur Foundation (attached). Site plan, parking plan and proposed sign plan for the event are attached. SPECIAL ]EVENT PERMITdOONOWS TO: —BUILDING DEPARTMENT - PUBLIC WORKS GROWTH MANAGEMENT /POLICE DEPARTMENT /FIRE DEPARTMENT /'ARKS & RECREATION FR: Beth Ingold -Love, Public Information Officer RE: SPECIAL PERMIT APPLICATION DATE: ll� PLEASE REVIEW THE ATTACHED SPECIAL PERMIT APPLICATION FROM: AItn ftk 13 SPACE IS PROVIDED BELOW FOR YOUR CONDITIONS /AiPPROVAL/DENIAL. THEN ROUTE TO BETH INGOLD. DEPARTMENT BUILDING PUBLIC WORKS GROWTH MAN APPROVAL DENIAL CONDITIONS POLICE Ro tk _ FIRE V/� . V- �Cg- PARKS & REC. /104. N'Liz&f FINAL APPROVAL — CITY MANAGER'S OFFICE City Manager /Assistant City Manager COMMENTS PLEASE RETURN TO CITIZEN SERVICES BY ASA 10 THANK YOU. Festival Summary The Chamber's vision is to continue to be a dynamic Chamber serving as the business resource center in Northern Palm Beach County, focusing on business development and retention, enhanced member services and improved quality of life for all residents in our community. ArtiGras offers opportunities for business people to promote their products and /or services, network with other business representatives and their families while, at the same time, it provides numerous activities in a family atmosphere. ArtiGras is a juried fine arts and crafts festival, incorporating all facets of the visual and performing arts. The 1999 event will be held February 13, 14, and 15, 10:00am to 6:OOpm daily. The target audience is families, including grandparents, up- and - coming professionals, and business and community leaders. ArtiGras will provide over 340 opportunities for patrons to purchase fine arts and crafts, several school competitions for which cash grants will be awarded, opportunities for children to show off their talents for families, friends,and classmates; and numerous business networking advantages. Festival Description ArtiGras 1999 will be held February 13, 14, and 15, on the north and east perimeter roads of the Gardens Mall, Kew Gardens Blvd and The Gardens Parkway, Palm Beach Gardens, Florida. The hours will be 10:00am to 6:OOpm each day. ArtiGras has established itself as the premiere fine arts event of the area. The 1998 event will showcase over 340 local, regional and national artists and crafters, along with numerous pavilions and activities for families to enjoy. Over its fourteen -year history, ArtiGras has consistently maintained its upscale clientele. The Chamber Board of Directors and the ArtiGras Steering Committee have insisted that the festival provide.a festive atmosphere where parents can bring their children and share with them the many facets of the visual and performing arts. ArtiGras '99 Juried Art Show ( approx. 200 artists) Features hundreds of the country's premier artists, competing for over $11,000 in cash and purchase awards. Discover exciting oil, acrylic and watercolor painting, art work in mixed media, graphics & drawing, fine arts and photogra- phy- Good Samaritan & St: Mary's Village Market Fine Crafts Booths (approx. 140 artists) Treasures include handmade crafts, novelty items and thousands of artistic pieces. BankAtlantic Celebrity Art Exhibit & Auction This pavilion provides the opportunity for patrons to see and purchase works created by well -known entertainers, sports figures, media celebrities, and cartoonists. The art work is auctioned off with 51% of the proceeds being donated to a local charity. Festival Description Page 2 The Gardens of the Palm Beaches Art Wall Gardens of the Palm Beaches Art Wall offers a venue for you to express your creativity for only $2. All proceeds from the Art Wall go toward the Northern Palm Beaches Chamber of Commerce Education Fund. BellSouth & BellSouth Mobility Future 'Celebrity Art Pavilion Showcases Palm Beach County elementary school students' views on "Art in the Gardens" with grants being awarded to the students' schools for their arts programs. PGA National Real Estate Commemorative Poster To be unveiled at the January Chamber of Commerce Coffee Meeting! Waste Management of Palm Beach and MacArthur Foundation Youth Area - This area provides hands -on art in the making for children. WP TV Channel 5 and Palm Beach Gardens Medical Center Stage - ArtiGras 1999 will present a great variety of the performing arts for families to enjoy - from local and regional jazz acts expanding the festival's appeal to music lovers to spectacular children's productions. Roving entertainers and a wide variety of activities and displays will also be offered. SPONSOR OASIS - Area chefs are on -hand to show off their culinary expertise to sponsor representatives, elected officials, and other Palm Beach County dignitaries. and much more..... ■ k to2 2 B § � \ � § n ■� /0 02 (mm / C�D \� -E 2 §n k\ S� .t §0 4 2 ) ! °o` )2k \ //m 7) § � 1 ` §§ \) � _ a }� l?p v M \ \ v Im � k >� / . o ©« o / . o m ) m k § a m >mzco =¢ƒ 5§337Ft/ ) §M,§ /k\j \§\ \{m>\\ > #o=m >- zo >mmO >m z-9 >mw oomzs _K §EG /\§ §22§44$ > §=moo m ;r� oa222§= 3 52m§ om .M:c)mo \ `k \ 3g §§ �(0( sM_ r § , § K , ) \ m z §k Zm kk >§ a ®■ § )n2 m > 2 § § 0 Z F= \ 0, \ ; {/ a 7 ^KWG \� §§ \) � _ a }� l?p v M \ \ v Im � k >� / . o ©« o / . o m ) m k § a m >mzco =¢ƒ 5§337Ft/ ) §M,§ /k\j \§\ \{m>\\ > #o=m >- zo >mmO >m z-9 >mw oomzs _K §EG /\§ §22§44$ > §=moo m ;r� oa222§= 3 52m§ om .M:c)mo \ `k \ 3g §§ �(0( sM_ r § , § K , ) ►1 Alternate A-I -A -7— Z4 .5A Ju 17' Xl� 0 7 Er > Us r aircruic 0 0 .717� to 0 C:S 12 Tr > < 0 P Z4 fD arcens Ave.— CD CD mm CL Minsk > Gardens Ave. > ID 0) 0 47 W V 3^ 0 CO C) Amazon Garcerts Ave. ' !', (D U) CD CL mm PiEspeiHtyFarms Road Valencia Gardens Ave. U� (1� Z. Q G 3101 PGA Boulevard Palm Beach Gardens, Florida 33410 (407) 622 -2115 FAX: (407) 694 -9380 September 10, 1998 Ms. Michele L. Eassa, ArtiGras Event Director NORTHERN PALM BEACHES CHAMBER OF COMMERCE, INC. 1983 PGA Boulevard, Suite 104 Palm Beach Gardens, FL 33408 Dear Michele: As per our discussion, The Gardens of the Palm Beaches again welcomes the opportunity to have ArtiGras '99 on the north and east perimeter road of the mall. As in pervious years, The Gardens of the Palm Beaches has no objections to the use of the site, as long as a plan is in effect that will address any impact on the normal operation of the shopping center. In regards to the site plan, I would entertain the idea of serving on the committee to help in development. As always, The Gardens will extend to the ArtiGras committee our help in any way that we can in site development, planning and anything else that you might need to make for a successful event. Sincerely, . FORBES /COHEN FLORIDA PROPERTIES David Haysmer, CSM General Manager The Gardens of the Palm Beaches A DEVELOPMENT OF FORGES /COHEN PROPERTIES 4400 PGA Boulevard, Telephone: (561) 626 -4800 Suite 900 Palm Beach Gardens, Florida 33410 THE JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION August 31, 1998 Northern Palm Beaches Chamber of Commerce, Inc. 1983 P.G.A. Boulevard, Suite 104 Palm Beach Gardens, Florida 33408 Attention: Michele L. Eassa, ArtiGras Event Director RE: Foundation Parcel No. 27 / ArtiGras - 1999 Dear Ms. Eassa: This letter will serve as a license and authorization for Northern Palm Beaches Chamber of Commerce to enter upon a parcel of real property located in Palm Beach County, Florida, as more particularly shown on Exhibit "A ", attached hereto and made a part hereof, (hereinafter "Property") subject to and upon the following conditions: 1. Your authority to enter the Property shall begin January 25, 1999 at 7:00 A.M. and shall continue until February 19, 1999 at 9:00 P.M. The purpose of this license is to permit you to use the Property as the site for parking for vendors and the public in connection with your festival of arts show which is scheduled to take place on February 13 -15, 1999. This license and authorization may be terminated at any time without cause. You agree, at your sole cost and expense, to restore the Property to its condition existing prior to your occupancy thereof. 2. This license and authorization is personal to you and may not be assigned or transferred. 3. At all times during your use of the Property, you agree to comply with all laws, ordinances, orders, rules, regulations and requirements of all governmental authorities which may be applicable to the Property. 4. You expressly agree to use the Property at your own risk and hereby release John D. and Catherine T. MacArthur Foundation and its subsidiaries, and any and all of their respective directors, officers, employees, agents 'and independent contractors (all of the foregoing entities and persons being herein collectively referred to as "Owner's Group ") from any and all claims and demands of every kind whatsoever resulting from any accident, damage or injury occurring on or about the Property. 5. You agree to indemnify, protect, save and hold forever harmless the Owner's Group from and against all liabilities, obligations, claims, damages, penalties, costs and expenses, including, without limitation, court costs, expert witness fees and attorney's fees and expenses, which may be imposed upon or incurred by or \ \macfl \vol l \legal \private \27\anigr99.doc asserted against the Owner's Group by reason of your use of the Property, including, but not limited to any claim resulting from accident, injury or damages to any person or property occurring in, on or about the Property or any part thereof, or any road or canal adjacent thereto. 6. You agree, at your sole cost and expense to secure one or more policies of comprehensive general public liability, automobile liability and property damage insurance insuring John D. and Catherine T. MacArthur Foundation, against claims for personal injury or death and property damages .occurring on or about the Property. The limits or liability of such insurance shall be not less than $1,000,000.00 combined personal injury and broad form property damages and such policy shall be subject to our advance approval as to form and insurance company. 7. You agree to obtain from your agents, contractors, subcontractors or materialmen, if any, a fully executed Waiver of Lien form waiving all lien rights upon the Property for any and all services performed for or on your behalf. If the above conditions and understandings meet with your approval, kindly sign on the line provided below and return to 4400 PGA Boulevard, Suite 900, Palm Beach Gardens, Florida 33410, together with the certificate of insurance as described above. Very truly yours, JOHN D. AND CATHERINE T. MAC RTHUR FOUNDATION By: , n �v�M; I AGREED AND ACCEPTED, this 1%-A day of '1998 NORTHERN PALM BEACH CHAMBER OF COMMERCE By:l \\macfl \vo11 \1ega1 \private \27\arti gr99.doc