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HomeMy WebLinkAboutAgenda P&Z 062111� ` J �.}�y * * . _ ���+�'{ * �■ �� '�i:'- � ,�;:.:.� � •�', ��': �G� AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JUNE 21, 2011 AT 6:00 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE DIRECTOR OF PLANNING AND ZONING: NATALIE WONG • APPROVAL OF MINUTES: 04/12/11 PLANNING, ZONING AND APPEALS BOARD Regular Members: Michael Panczalc Randolph Hansen Joy Hecht Amir Kanel Roma Josephs Douglas Pennell Charles Hathaway Alternates • Howard Rosenkranz (1 St Alt.) Robert Savel (2°d Alt.) 1. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING SPLA-10-07-000019 — Downtown at the Gardens - Major Site Plan Amendment A request by Downtown at the Gardens Associates Ltd, for approval of a site plan amendment to modify the Master Lake Area Plan, and revise certain conditions of approval relative to the timing of the installation of the plan improvements. The site is located north of Kyoto Gardens Drive, east of Alternate AIA, south of Gardens Boulevard, and west of the Landmark and Gardens Pointe Developments. Project Manager: Richard Marrero, Senior Planner, rmarrero@pbgflcom Planning, Zoning and Appeals Board June 21, 2011 2. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING SPLA-II-OS-000025 - Frenchman's Creek Planned Community Development (PCD) Major Site Plan Amendment A request from Frenchman's Creek, Inc., for approval of a site plan amendment to allow a perimeter fence, eight (8) feet in height, to be located around the entire PCD. Frenchman's Creek is located at the southeast corner of Donald Ross Road and Alternate AIA. Project Manager: Kathryn Wilson, Planner, kwilson@pbgtl.com 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accor�dance wath the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to par[icipate in this proceeding should contact the Ciry C[erk's Office, no later than five days pr•ior to the proceeding, at telephone n�umber (561) 799-4120.for assistance; af hearing impaired, telephone the Flo�-ida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planraing, Zoning and Appeals Board, Local Planning Agency. ov Land Development Regulations Commission, wzth ��espect to any maUer considered at such meeting or hearing, they will need a record of the proceedings; and fo�• such, they may need to ensure that a verbatim record of the proceedings is made, which �^ecord ancludes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtaaned from the fzles in the Growth Management DeparPment. g: Ip&z_shareladministr•ationlpzab agendalp & z age�ada 20111pzab 06.21.20111pzab agenda word format 06.21.2011.docx 2 � 2 3 � 5 � 7 s 9 10 11 l2 13 14 �s l6 » ts t� 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 �z a� 44 45 46 47 48 CITY OF PALM BEACH GARD�NS PLANNING, ZONING AND APP�ALS BOARD REGULAR M�ETING APRIL 12, 2011 I. CALL TO ORDER The regular ineeting was called to order at 6:00 p.m. by Chair Michael Panczak. II. PLEDGE OF ALLEGIANC� III. ROLL CALL Members Present: Chair Michael Panczalc, Vice Chair Randolph;Hans�n, Charles Hathaway, Joy Hecht, Roina Josephs, Amir Kanel, Douglas Pennell. Members Absent: None. Also Present: City Attorney R Max Lohman; Director of F�anning' and Zonin� Senior Planner Richard Marrero, Planner Kathryn Wilson. IV. ADDITIONS, DELECTIONS, MODII+,ICATIONS' None. V. REPORT BY DIRECTOR OF PLANNNINGAND ZONING: NATA Director of Planuin� and Zonin� Natalie Won� reported on items approved by at the March 3, 2011 and Apri17, 2011 meetings. VI. APPROVAL OF MINUTES Roma Josephs made a nlotion to approve the March l, 2011 minutes, Jov Hecht seconded. Motion passed 7-0. VII. PUBLIC HEARINGS 1. Recommendation to�Citv<Council (Public `Hearin�) ` both to the City's Land Develo! regulations to May 31, 201 Staff Pr•esentatibil: Plan�e Discussion ensued. Amir Kanel made a motic � to to � Natalie Wong, ; WONG City Council i 78-228(b)(1) �vd Section 78-229(a)(2) to 31, 2014. — A City-initia�ed amendment i the effective date of the sign and landscape ird Overlay Zone (NBOZ). -11-02-000038. Roma Joseplis seco�lded. Motion passed 7-0. 2. Recoin�nendation to City Council (Public Hearin�) MISG11-03-000079 — Amendment to the traffic control a�reement for PGA National — A request from PGA Natianal, ainending the PGA National Planned Community Development (PCD) approved by Ordinance 2�,� 1998, to eliminate certain coilditions of approval relating to the h�ansfer of Ryder Ca�p Boulevard to Palm Beach County. StaffPresentation: Director of Plannin� and Zonin� Natalie Won�. Discussion ensued. Dou�las Peunell made a motion for approval of M�SC-11-03-000079. Amia� Kanel seconded. IVlotion passed 7-0. IX. OLD BUSINESS None. X. NEW BUSINESS None. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 04•12• 11 1 2 3 4 s 6 7 8 9 10 11 12 l3 14 IS 1.6 » 18 19 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 44 50 SI XI. ADJOURNMENT Chair Pan�zak adjourned the meeting at 6:23 p.m. The next regular• meeting will be held May 10, 2011. APPROVED: ATT: Michael Panczak, Chair Randolph Hansen, Vice Chair Joy �Iecht Amir Kanel Roma Josephs Donna M. Cannon iVlunicipal Services Coordinator fVote: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. P,II referenced attachments are on file in the Office of the City Clerk. Note:, Ali those preparing to give testimony were sworn in. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2 04•12• 11 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: June 21, 2011 Petition No. SPLA-10-07-000019 Subject/Agenda Item: SPLA-10-07-000019: Major Site Plan Amendment to Revise the Master Lake Area Plan Public Hearing and Recommendation to City Council: A request by Downtown at the Gardens Associates Ltd, for approval of a site plan amendment to modify the Master Lake Area Plan, and revise certain conditions of approval relative to the timing of the installation of the plan improvements. The site is located north of Kyoto Gardens Drive, east of Alternate A1A, south of Gardens Parkway, and west of the Landmark and Gardens Pointe Developments. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: PZAB Action: Director f Planning & Planning & Zoning: Senior Accountant [] Rec. Approval Zoni Project Manager [] Rec. App. w/ ���� /� � r �� � Tresha Thomas Conds. N t ie . Wong, AICP �;,�, /� � [] Rec� Denial Richak�:J. Mark�r�', [ ] Continued to: Senior Planner City Attorney Funding Source: [X] Quasi — Judicial [ ] Legislative [ ] Operating R. Max Lohman, Esq. [X] Other NA [X] Public Hearing Develq}�ment Compliance Budget Acct.#: � � Advertised: NA Attachments: � � �. ,� �ahareh Wolfs, AICP [X] Required • Development Date: June 10, 2011 Application w/ Resource Manager Paper: Palm Beach Narrative Post • Resolution 81, 2001 • Resolution 130, Allyson Black 2003 Approved By: • Resolution 120, City Manager Affected parties: 2005 [X ] Notified • Resolution 58, 2009 [ ] Not Required • Reduced Plans Ronald M. Ferris Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 2 of 7 BACKGROUND On March 7, 2002, the City Council adopted Resolution 81, 2001, approving an amendment to the Regional Center Development of Regional Impact (DRI). Condition No. 8 of Exhibit C to Resolution 81, 2001, required the City Council to approve a Lake Tract Improvements Plan, including certain park improvements adjacent to the lake tracts to be approved by resolution and for the park improvements to commence with the first building permit for vertical construction. On June 5, 2003, the City Council adopted Resolution 91, 2003, approving the site plan for powntown at the Gardens located within the Regional Center DRI. The Resolution included five (5) conditions of approval pertaining to the requirements for the lake area master plan, including the requirement of the master lake area plan be completed prior to the first Certificate of Occupancy (C.O.). The lake area plan included a fountain with seating areas, outdoor amphitheater, and grassed fields with flowering shade trees (see attached plan). On December 18, 2003, the City Council adopted Resolution 130, 2003, approving the conveyance of the lake tract to DTAG and an operating agreement between DTAG and the City for use of the lake tracts as public areas. Included within this agreement were restrictions that the lake area be open to the public in perpetuity. On September 29, 2005, the City Council adopted Resolution 120, 2005, approving an amendment to the DTAG site plan and lake improvement plan of the DRI by modifying certain conditions of approval, deferring some elements of the lake improvement plan (bridge and raised stage) to November 10, 2006. On September 24, 2009, the City Council adopted Resolution 58, 2009, approving an amendment to revise the lake area plan and defer the installation of the lake area improvements. More specifically, Condition No. 11 of Resolution 58, 2009 deferred the submittal of a revised lake area plan to June 30, 2010, and the completion of the lake area plan by November 30, 2010. It is important to note, the applicant submitted the lake area plan by June 30, 2010; however, the lake area improvements were not completed by November 30, 2010. The City's Code Enforcement Department has cited the property owners of DTAG for non-compliance with the Development Order condition of approval. In addition to the proposed lake area improvements, the applicant has submitted this petition to correct the Code Enforcement violation. LAND USE & ZONING The subject site is part of the Regional Center DRI. The site has a Professional Office (PO) Future Land Use designation, and a Planned Community Development/Development of Regional Impact (PCD/DRI) zoning. The surrounding land uses and zoning are provided in Table 1(below). Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 3 of 7 TABLE 1. �.�^.;ztr:- .F„�. Aa. � �. 4. rt v �s-i. � x s�6 .. .`, �. 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' : . �� . : . : �������� � ���� ��� : .,f...�! ����� ��.Li. �, Subject Property Planned Community Profesional Office (PO) Downtown at the Gardens Development (PCD) with with approved DRI/PCD Retail and Professional approved DRI/PCD Master Master Plan Office Plaza Plan North PCD with approved Residential High (RH) with Mira Flores DRI/PCD Master Plan approved DRI/PCD Master Residential Plan South PCD with approved PO with approved Gosman Parcel DRI/PCD Master Plan DRI/PCD Master Plan Office East PCD with approved PO with approved Landmark/Gardens Pointe DRI/PCD Master Plan DRI/PCD Master Plan Residential; hotel West PCD within Bioscience Industrial within Bioscience ParcelSA/Garden Woods Research Protection Research Protection Vacant; Residential Overlay (BRPO); Overlay (BRPO); Residential Low Density 1 Residential Low (RL) (RL-1) CONCURRENCY The subject request does not affect the project's concurrency approval. PROJECT DETAILS On September 24, 2009, via approved a revised Downtown stage and outdoor seating area conditions of approval relativ bolded]: the adoption of Resolution 58, at the Gardens Lake Area Plan, s. Included within Resolution 58, e to the Master Lake Area Pla 2009, the City Council which included a raised 2009 were the following n [staff comments are Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 4 of 7 Condition No. 11 A master lake park area plan shall be submitted prior to June 30, 2010, for review and approval by City Council. The improvements proposed in this plan, either a stage or other substitutes improvements as agreed upon by the City, will be completed by November 30, 2010. [The proposed plan was submitted to the City on July 1, 2010; however, the improvements associated with the lake area plan approval were not installed. It is important to note that the condition was written to provide some flexibility that other improvements may be substituted in-lieu of a stage if the City agrees to it. ] Condition No. 12 Within 30 days of City Council approval, Downtown at the Gardens Associates, LTD., its successors or assigns shall provide a cost estimate for a stage or other substitute improvements as agreed upon by the City, including all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by a professional registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimated and shall be posted with the City within 45 days of receipt of the City's approval of the estimate. [The applicant has satisfied this condition. The City is holding a Letter of Credit (L.O.C) for the raised stage area and outdoor seating in the amount of $82,500.00.] STAFF ANALYSIS The lake tracts and lake area plan have been an integral component to the Regional Center Development of Regional Impact (DRI) since the project's inception in the late 1980's. The lake area has always been contemplated to be utilized as a gathering area for civic functions and serve as an area for public use and enjoyment. Furthermore, the City has actively been involved with the design concepts as they have evolved over the years. Although design concepts have evolved from ideas such as a public park with an amphitheater and fountains, to a raised stage with grassed lawns and children's play areas, it has truly been the desire of the City to encourage a place for public gatherings within the City. Lake Park Master Plan Amendment The applicant proposes to amend the existing lake area plan which had contemplated a raised stage and outdoor seating area. Since the completion of the Landmark Condominiums and Gardens Pointe Development immediately across the lake, providing live outdoor entertainment on a permanent raised stage may cause sound to carry over the water and lead to potential code enforcement issues. Also, a permanent raised stage would limit the types of events the lake area could be utilized for and when not in use may appear to be unsightly. Furthermore, as part of the construction of the Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 5 of 7 City's Emergency Operations Communications Center (EOCC), a raised stage was built providing the City the opportunity to program City-sponsored events requiring a stage at the City Hall Municipal Complex Building. In-lieu of the raised stage, the applicant proposes to incorporate an interactive public art piece and install infrastructure that would allow the space to become a multipurpose park area capable of accommodating a myriad of outdoor civic events. The public art is proposed to be located adjacent to the lake on the easternmost grassed lawn area (see attached site plan), and is designed in such a way that it is intended to serve as a focal point for the park area vista. The art will span an area of 64 feet by 71 feet and the paver bricks around the art will be re-configured to accommodate the artwork. The art piece has eight (8) "doorways" which are situated in a circular orientation connected by a brick paver pathway. Each doorway will be connected to the center of the art by a large multi-colored piece of fabric, which provides for shade when standing under the artwork. The applicant has indicated to staff that the artwork will be lit at night using up- lights. According to the applicant, "the designer foresees the structure composed of a brushed aluminum material, consistent with the building accents within Downtown." The colors of the fabric will also be consistent with the colors of the shopping center and directional signage color scheme. The applicant believes the public artwork will create much needed activity within the lake area. Furthermore, the applicant believes the art will attract people to visit the park and create visual interest in the area. In addition to the public art piece, the applicant is proposing to provide electrical power to the lake area. Eight (8) power outlets will be provided at-grade within the park for use during events and miscellaneous activities. Four (4) larger outiets will be provided on the periphery of the park area. The larger outlets will require a 60 amp power pedestal which can be used for larger electrical equipment such as lighting, performance equipment, coolers, etc. The purpose of the electricity sources is to provide for the ability to host a wider array of events within the park area. Currently, the park area does not have the infrastructure in place to hold events that require large amounts of electrical power. The property owner has indicated to staff that large gasoline-powered generators have to be rented and placed adjacent to the park areas when power is needed. Often times these generators are large, unsightly, and usually emit loud mechanical noises when running. Underground Infrastructure Staff supports the installation of underground infrastructure for events that need electrical power. By locating the much needed electrical conduit underground, the lake area plan would become a much more pragmatic place to hold a myriad of events. The lake area plan would become a prime location for many different types of events that would attract resident and visitors to visit the property and serve as an economic draw, which would benefit the local area. Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 6 of 7 Public Art Piece The proposed plan consists of an art piece and underground infrastructure. The lake area plan is envisioned to serve as a gathering area for civic functions and passive recreation. Although the proposed art piece does not appear, by design, to include a major "interactive" component, staff believes the plan can be significantly improved by adding landscaping and various types of shade structures as part of the plan, in an effort to encourage the public to utilize the lake area. As submitted, the proposed lake area plan does not incorporate any landscape vegetation, nor provide shade for pedestrians visiting the park. Additional shade structures around the periphery of the lake area plan and small flowering trees within grassed areas should be provided to encourage residents and visitors to utilize the area during the day (please see conditions of approvan. The applicant should also consider careful placement of the artwork in relation to the lake park area. The applicant has indicated that they would like the opportunity to attract first-class events to the lake area. It may be difficult to program events similar to Art in the Gardens, Red, White and Zin, or Dancing Under the Stars, with the proposed piece of artwork occupying a significant portion of the surFace of the park area. Also, the proposed placement of the artwork would obstruct the vista from the park area across the adjacent lake. DEVELOPMENT REVIEW COMMITTEE COMMENTS (DRC) To further the discussion of the lake area plan, a"charette-style" meeting was held on February 14, 2011 at the City between the applicant and the Development Review Committee (DRC) in order to brainstorm and develop a collective concept for the lake area plan. The following conclusions and recommendations were discussed at the meeting: 1. The current lake area is devoid of landscaping and is unattractive. Provide additional landscaping. 2. Shade and seating opportunities are needed as the summer weather and heat would prohibit visitors from spending extended periods of time outside. Provide shade and outdoor seating. 3. The lake area needed to be energized so that people are drawn out to the area and provide an attraction for children and families. 4. Provide low level lighting so that people feel safe at night within the area. 5. Provide the opportunity so that the lake area could be programmed with events that would encourage the public to gather in the area. 6. Maintain flexibility of lake area plan in order to attract a wide variety of events that may need special space considerations. Meeting Date: June 21, 2011 Petition: SPLA-10-07-000019 Page 7 of 7 STAFF RECOMMENDATION Staff recommends approval with the conditions and recommendations listed herein. 1. Prior to the City Council meeting on July 19, 2011, the applicant shall submit a revised lake park area plan which includes shade structures and canopy trees that will provide additional shade for the area. (Planning & Zoning) 2. The underground improvements shall be installed and completed by December 30, 2011. (Planning & Zoning) 3. The public artwork within the lake park area shall be illuminated for visibility at night. (Planning & Zoning) 4. Within 24 hours of an announced tropical storm or hurricane by the National Hurricane Center, which places the City within the "3-day cone of probability," the fabrics or awnings associated with all outdoor structures within the lake area shall be removed. (Planning and Zoning) 5. Within 30 days of City Council approval, Downtown at the Gardens Associates, LTD., its successors or assigns shall provide a cost estimate for the proposed lake park area plan improvements, including all infrastructure, landscaping, and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by a professional registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimated and shall be posted with the City within 45 days of receipt of the City's approval of the estimate. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division ���,�j- �- � C� �-� C� 7- t� �(��� � Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: Planned Community Development (PCD) Planned Unit Development (PUD) Amendment to PCD, PUD or Site Plan Conditional Use Amendment to the Comprehensive Plan Administrative Approval Administrative Appeal Project Name: Downtown at the Gardens Owner: Downtown at the Gardens Associates Ltd Applicant (if not Owner): Owner Applicant's Address: 5410 Edson Ln Suite 220 Agent: Cotleur & Hearing Inc. ❑Annexation QRezoning nSite Plan Review Certi�cate Extension Master Lake Park Area Plan Date Submitted: Telephone No: 301-816-1555 Contact Person: Alessandria Kalfin / Don Hearing E-Mail: akaifin@cotleur-hearing.com Agent's Mailing Address:1934 Commerce Lane, Suite 1, Jupiter, FL 33458 Agent's Telephone Number: 561-747-6336 x 128 I Petition Number: pplication $ _ eceint Number: FOR OFFICE USE ONLY Date & Time Received: Engineering $ 7 � �Ul - i ��0 ��a N/A Architect: N/A Engineer: Don Hearing, Cotleur and Hearing 1934 Commerce Lane, Suite 1, Jupiter, FL 33458 Planner: Landscape Architect: N/A Site Informatlon: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. Downtown at the Ga�dens General Location: 11701 Lake Victoria Gardens Ave. Palm Beach Gardens, FL 33410 Address: �. Section: 42 Township: _ Range: 43 52-43-42-06-14-001-0000 Property Control Number(s): 48.76 PCD PCD Acreage: Current Zoning: Requested Zoning: Flood Zone Base Flood Elevation (BFE) — to be indicated on site plan Professional Office (PO) Current Comprehensive Plan Land Use Designation: Shopping Center Shopping Center Existing Land Use: Requested Land Use: Lake Park Proposed Use(s) i.e. hotel, single family residence, etc.: Proposed Square Footage by Use: N/A Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A Justification 2 Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} Resolution 58-09 approved a condition that requires 1. Explain the nature of the request: the applicant to provide a rnaster lake park area plan to the city for approval. The purpose of this application is to meet the intent of the condition. A master lake park area plan has been provided herein. 2. What will be the impact of the proposed change on the surrounding area? The proposed change will have a positive impact to the surrounding area. The park will provide a great amenity for powntown and for the City of Palm Beach Gardens. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This request is consistent and meets the intent of the future land use and the recreation and open space elements of the Comprehensive Plan of the City. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 3 There is no existing vegetation that will not be preserved in the proposed lake plan. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? None of the fixtures approved as Art in Public Places will be impacted by this amendment to the site plan. 6. Has project received concurrency certification? Yes Date received: 20�3 Le�al Description of the 5ubiect Property (Attach additional sheets if needed) Or see attached deed for legal description. Location � The subject property is located approximately 0 mile(s) from the intersection of , on the�orth�ast,�outh�✓est side of _ Alternate A1 A (street/road). Statement of Ownership and Desi�nation of Authorized Agent Before me, the undersigned authority, personally appeared Kevin Berman who, being by me %rst duly sworn, on oath deposed and says: 0 1. 2 3. That he/she is the fee simple title owner of the property described in the attached Legal Description. That he/she is requesting Master Lake Area Plan City of Palm Beach Gardens, Florida. That he/she has appointed Cotleur & Hearing, InC. as authorized agent on his/her behalf to accomplish the above project. at the Gardens Associates Ltd �:y�� � � ign re of Owner 5410 Edson Ln Suite 220 Street Address P. O. Box 301-816-1555 Telephone Number kberman@bermanenterprises.com E-mail Address �� By: Name/Title Rockville, MD 20852 City, State, Zip Code City, State, Zip Code 301-816-1556 Fax Number Sworn and subscribed before me this �_ day of ���� � My Commission expires: Notary Public St;SAi'��EFLL -_� �1/iY CO'�I�AiSSI(il;; IFD�589105 FXPiI�ES: AU;: 27, 2410 ?3�nrtecl throunh 1ct 5�ai,t: i��sur:���ii;r � � � �� the to act Applicant's Certification I/We af�rm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachm ts, and application iiling fees become a part of the official records of the City of Pal eac a ens, F��, and are not returnable. Applicant is: �wner ❑Optionee �Lessee � Agent ❑Contract Purchaser of Kevin Berman Print Name of Applicant 5410 EDSON LN STE 220 Street Address ROCKVILLE MD 20852 3195 City, State, Zip Code 301-816-1555 Telephone Number 301-816-1556 Fax Number kberman@bermanenterprises.com E-Mail Address 0 otleur& �-Iearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1• Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC-0000239 Downtown at the Gardens Major Site Plan Amendment Master Lake Park Area Plan Revised May 9, 2011 Introduction On behalf of Downtown at the Gardens, we are pleased to submit a site plan amendment application to revise the Master Lake Park Area Plan, as required by condition 11 of Resolution 58, 2009. The Downtown at the Gardens project was approved in 2003 with conditions of approval to provide a(ake park plan. Previous owners of the project had requested to delay this phase of development. The current owner wishes to meet the condition of approval and complete the lake park area. This amendment will modify the master site plan and the master lake park area plan. Specific Requests and Fees Major Site Plan Amendment Legal Review Escrow TOTAL Project Team PROPERTY OWNER/APPLICANT $ 2,475.00 $1,000.00 $3,475.00 AGENT/ PLANNER/ LANDSCAPE ARCH. Downtown at the Gardens Associates, LTD Cotleur & Hearing, Inc. 5410 Edson Lane, Suite 220 1934 Commerce Lane, S. 1 Rockville, MD 20852 Jupiter, FL 33458 (321) 816-1555 (561) 747-6336 x 128 Contact: Kevin Berman Contact: Donaldson Hearing/Alessandria Kalfin Background In 2001 the City adopted Resolution 81, 2001 as an amendment to the Regional Center DRI, in which the subject site is located. As part of Exhibit C requirement 8, this resolution required the City Council to approve a Lake Tracts Improvement Plan by resolution and for the park improvements to be started simultaneously with the first building permit for vertical construction. In May 2003, the City adopted Resolution 92, 2003 approving the lake tracts improvement site plan for the lake/park area within the Regional Center Development. The plan was included in the approval as Exhibit "A". e����4:t,. ;;��-�J2�i1 � P�NN�N� & �. �b��NG Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment — Lake Plan Statement of Use June 30, 2010 Revised November 17, 2010 Revised May 9, 2011 In June 2003, the City adopted Resolution 91, 2003 approving the site plan for powntown. This resolution included five conditions of approval (6, 7, 8, 9, and 13) relative to the requirement of the lake park area plan. These conditions were consistent with Resolution 81, 2001 and in addition this approval included a lake plan (exhibit C). Resolution 91, 2003 required the lake plan to be completed prior to the first certificate of occupancy and it also required an agreement between the applicant and the owners of the lake parcels for cost sharing the implementation of the plan. In December 2003, the City adopted Resolution 130, 2003 approving the conveyance of the lake tract to Downtown to enable them to construct improvements consistent with the lake tract improvements plan and an operating agreement between Downtown and the City for use of the public area in the lake parcel. In September 2009, The City adopted Resolution 58, 2009 approving an amendment to the Downtown site plan. The amendment included a request to revise the lake park area plan. Condition 11 of tlie resolution required the master lake park area plan to be submitted by June 30th, 2010 for review and approval by the City CounciL Request The purpose of this request is to amend the site plan and lake area plan to meet condition 11 of Resolution 58, 2009. The applicant is proposing to improve the Lake Park by providing interactive public art and to install infrastructure that would allow the space to be used for outdoor events. The public art proposed has been placed in the center of the park, along the lake front, to act as a focal point at all times of day and during events. The art will span an area of 64 feet by 71 feet in the green closest to the lake. The art has eight "doorways" which will be situated in a circular orientation connected by a brick paver pathway. Each doorway will be connected to the center of the art by a large colorful piece of fabric, most likely a sunbrella type fabric, providing ample shade in the park. Although the art is still conceptual in form, the designer foresees the structure composed of a brushed aluminum material, consistent with the buildings accents within Downtown. The colors of the fabric will also be consistent with the colors within the center. The purpose of the art is to create activity in the park. The applicant hopes that the art will attract young and old to walk through its doorways and absorb the reflections of colors and excitement. The applicant is also proposing to provide electrical power to the lake area park. A total of eight outlets will be provided at-grade within the park for use during events and miscellaneous activities. Four larger outlets will be provided on the boundaries of the park. These outlets will require a 60 amp power pedestal which can be used for larger sources such as lighting, performance equipment, or large coolers. The pedestal will also have multiple sockets for typical plugs if not used for the larger equipment. These outlets will have the ability to connect longer distances as well. Four smaller outlets will be provided inside the center area of the park for smaller sources such as a speaker, a computer, a projector, etc. These smaller outlets will have multiple sockets as well. The purpose of these electricity sources is to 2 Downtown at the Gardens CH 00-1003.03 Major Site Plan Amendment — Lake Plan Statement of Use lune 30, 2010 Revised November 17, 2010 Revised May 9, 2011 activate the space for outdoor events. Downtown hopes to host a minimum number of outdoor events each year as an obligation of the lake park to the City. Conclusion Downtown at the Gardens is requesting a site plan amendment to modify the master site plan and the master lake park area plan for the project. This amendment wiil satisfy the requirements of condition 11 of Resolution 58, 2009. Downtown is excited to work on the lake park with promise that it will assist in the reviving of the center, consistent with the efforts put forth by the new property owners to date. [e3 Cotleur& Hearing 1934 Commerce Lane • Suite 1� Jupiter, Florida • 33458 May 9, 2011 Mr. Richard Marrero City of Palm Beach Gardens 10500 Military Trail Jupiter, FL 33458 Landscape Architects I Land Planners i Environmental Consultants Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic # LC-0000239 RE: Downtown at the Gardens (CH# 00-1003.03) Lake Area Plan Resubmittal Dear Mr. Marreo, The purpose of this correspondence is to update you on the most recent revisions to the proposed lake area plans, as included herein, along with a revised statement of use. Pursuant to staff's comments dated December 13, 2010 the applicant met with the Development Review Committee members in a charrette type setting on February 14, 2011 to come up with a collective concept for the lake park. The applicant and project team stepped away from that meeting with the understanding that the space needed to be "activated" for special events, it needed to provide an attraction for children, and it needed to provide a place for reflection - with shade! We believe we have addressed many of these comments with the proposed plan herein. The applicant has provided infrastructure to activate the park for outdoor events and they have presented an interactive piece of art that wiH provide fun-filled activity for children as well as a beautiful backdrop for those who need time to themselves. On behalf of the application we are very excited to present the city with this concept. We look forward to working with staff to ensure we meet the development order mandated deadlines and stay on track for the July 19, 2011 City Council hearing. Should you require additional information please contact me directly, at your earliest convenience. Regards, � I � �� `� � / � � , Alessandria Kalfin, Planner Cotleur & Hearing, Inc. ".� �i�A�° tij' ��r_.i � C� � pP�'M8 g 2p11 `� M�'� " ��NG �� P�- �o�\NG. RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF PALM BEACH GARDENS, FLORlDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRt) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO REGONFIGURE THE ALIGNMENT OF VICTORiA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTiFAMILY RESIDENTIAL, REA�LOCATE THE ACREAGE OF PARCEL. 7 TO PARCEL 2 IN EXCHANGE FOR OTHER CONSIDERATION SPECIFIED AT THE PUBLIC HEARING AND AGREED T� BY THE APPLICANT, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PRUVIDING THAT THE CITY CLERK SHA1.l. TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR GENTER PROPERTY OWNERS ASSOCIATIt?N, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLiCT; PROVfDiNG FOR SEVERABILITY, AND PRC3VIDING FOR AN EFFECTIVE DATE. � WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, th� City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • These propased amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes, Revised on: March 14, 2002 Resolution 81, 2001 • These proposed amendments to the Development Order and the Master Plan do not constitute "substantiai deviations" from the terms of the Development Order, as provided in Section 380.06{19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and • The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF PALM BEACH GARDENS, FL�RIQA, AS FOLLOWS: SECTION 1. ihe foregoing "whereas" clauses are hereby ratified and incorporated harein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999, as amended by Resolution 25, 2000 and Resolution 36, 2001, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REViSED MASTER PLAN. A. The revised Master Plan contained in the City's Planning & Zoning Division files and attached hereto as an Exhibit and incorporated herein by reference, is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H- The Regional Center, Urban Design Studio. B. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel6 #o the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, reallocate the acreage of Parcel 7 to Parcel 2 in exchange for other consideration specified at the public hearing and agreed to by the applicant, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #1 of Resolution 96, 1999, to establish and adopt a land-use conversion matrix, conditions and approved land-use activities for the Neighborhood Commercial parcel, and general design and land-use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits "H," "A," "B," and "C" and Diagrams 1 and 2 attached hereto. 2 Revised on: March 14, 2002 Resolution 81, 2001 SECTION 4. TRANSM{TTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIC3NAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MAL� PROPERTiES LTD. The City Cierk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, ar void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS �� DAY OF 1NI��r �.� , 2002. � _ . . ,� ,- - _ . ATTEST: � -- ._ -��' F . �, _ � ,� : - . � BY: � ' f � _ \' . \y\� �:C..���..t.. APPROVED AS TO LEGAL FORM AND SUFFICIENCY. i � ..,.:i--- -, � . - 3 VOTE: MAYOR RlJSSO VICE MAYOR JABLIN COUNClI.MEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Talal/DRI-PCD-00-01-cc-res AYE NAY ABSENT _.i�iY-�/�- a+..��- ✓ � � � i Prepared on: March 6, 2002 Resolution 81, 2001 EXHI$IT A TO RE50LtTI'ION 81 2001 AMENDED DEVELOPMENT ORDER CONpITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upan hy the Parties ln discharging their statutory duties under Cliapter 380, Florida Statutes. Substantial compliance with the xepresentations contained in the Application for Aevelopment Approval is a condition for approval unless waived or modi�ed by agreement am.ong flie Parties, as defined in Subsection 380,07(2), Flocida Statutes. For putposes of this condition, the Application for Development Approval (ADA) shall include tl�e following items: A,DA, consisting of Volumes i and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. 1 Notwithstanding anything to the contrary in the Application foc Development Approval � ("ADA") including but not limited to, Exhibit H and the tabulatioas, notadons, iabels and designations therein, nothing in tha ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H fot RetailJOff'ice/Hotet (1), Office/HoteUCommunity uses (2), or Research/Office/ Service Communiry Uses (3); provided the total square footages for ases are consistent with the Conversion Rates below and do not exceed any of in the Range of ��u3 Floor Space Allocations ott E�ibit H and restated below sre•ge�e�eee�ed; and provided that such uses do aot itttrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H, exceat that the final configuration of Victoria Gacdens Boulevard (nortfi of K�to Gazdens and south of Gardens Parkwav with iptersections to remain as established by Exhibit H) shall be determined durine the site plan review process: and provided further that if the Conversions Rates below are used fot the develooment of retail, said cetail development shall occur onl oy n the praperty located south oi Gardens Parkwav �orth of Kvoto Gardens Drive, east of Alt. AIA and west of the water management tract. Further any such retail development and Exhibit C to Resolution 81-2001. Conversions shall be limited to paccels identified on the DRI Master Plau ETChibit H with a plus svmbol f"-1-"l. No conversions or site plan shall be final� approved by the City Council until the City Council approves the park improvements as described in item 8. of B�thibit C. The park improvements plan ma�proceed simultaneously with tUe consideration of a conversion and a site�lan. The remainine 25.000 square feet of retail approved bv Resolution 25. 2000 shall be located on propertv south of Gardens Pazkwav, notth From R & D Office Hotel Business Office Hotel PARCEL 27.12 NOPC I.ANA USE CONV�IiSION RATES lntenslty isf. 1 room 1 sf. 1 roo�n To �tetail Retail Retail Husiness Office lntenslty Q.435 sf 248.742 sf 0.545 sf 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOIt LAND USES USE MTNIMUM MAXIMUM Nei�hborhood Comruerciat. 25 000 sf 26.000 sf Regional Retai112estatuant, Cinema 1.440.000 sf 1 640,000 sf Office - Business 1.123,,287 sf 1.210.000 sf Office - Research 5erivice 73_,A40 sf 235.200 sf Hote! I18 rooms/l00.300 sf' 449 rooms/381;650 sf'� Residential 1.813 du/1.813,000 sf* 1 813 du/1.$13.000 sf' TOTAL 4.576,027 sf 5 305.850 sf 'Square ioota�e numbers are establlsriecl as an esttma[e ana mav vary notn ac[uat aeveloamenc. Kootn/unit counts wiil be the actual determinate of flie use for both Hotel and Residential cate o� ries, A11 conversions requice approval of the Citv Couucil throu��i the site plan revie�tocess A.ny conversions o£ land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair $ureau of Local Planning and Treasure Coast Re�ional Planning Council upon t.he fili.� of a develo�ment application with t1�e City of Palm Beach Gardens All such conversions wili also be addressed in tl�e Annuai Report. \\Uds servedVOCi\COMMON11obs�RegirnwlCrntapR1�27.12�d«onditionire�ised.022802.wpd LCC35 EXHZBIT B TO RESOLUTION $12001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, i.n.cluding Repair of Jewelry and Clocks Restaurant � PERSQNAL SERVICES Bank/Financial Instiiution with or without Drive Through Barber / Beauty� Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station Personal Services Picture Frurzing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CUL7ti�tAl�, ENTERTAINMENT & RECREATIONAL Paxk, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically Iisted herein may be permitted in the Neighborhaod Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimurn of three permitted uses. 3. No signage foz the Neighbozhood Commercial uses shall be permitted on the Alternate AlA. 4. Dixect vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.l�.a West Avenue). UUds_server\VOLI \COMMONUobsUtegionalCenterDR1127.12�1eighborhoodCommeraalUsesf.022502.wpd LCC35 EXHIBIT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the follawing requirements: 1. Retail may only be located as provided for on Exhibit H- The Regional Center Master Plan map. 2. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. 3. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free-standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be ful�lled. 4. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings andlor canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. 5. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. 6. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. 7. A building permit for a stadium seating multi-screen theater, no less than 55,000 square feet and no less than 2604 seats, shall be included within the iirst 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. 8. The Victoria Gardens Boulevard extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that ereate a uniiied sense of place for the entire park area as defned by Exhibit H, the DRI Master Plan. Common themed materials (color, Iogo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens , and Gardens Parkway and San Cristobal/Fairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20-acre park function and purpose. The signage program shall be designed to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate xnaps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. \\Uds server\VOLI\COMMONUobs\RegionalCenterDR1�27.12\RetailwnversionExC.Reso81200Lrevised.022802f.wpd LCC35 . ��,. �. � � � �' � � C� O /" � O 00 � N O ►--+ H � � � �... � � r--+ � C� � � � d � N w 0 N � -� �Z N � N � z n o � � a � � o 'C e = = N � i�O O �D ' ro m � a �� O O � �� ---- . � �� �� �.� \ ���i� � � - ,� , ,> > -' . -' `, .� �� � \.i� / � * � * .� _.. .� */ � -� � 0. � N "{ m a y � N fiy 3 � .- , � � �� >F z "' Fd m . . a � n `� a �� � ..] a a * a a n z � * *** � t � � �-'.---�'_`.--� � .___._-___ - _.- �` 1 fAIRC2flLD GARDGNS AVE. GARDENS MALL �G / � O a a �� �a m ;y z� '� o T � om � y m � � .....,.���� � 1� �� � � V � ���'l�� �T. � � �� i � • �� � a'' rd' . , r' ---' � bq- � ; : � �,,,,' � , � cv � �_ _ '� F 7d ,'�� � � � �� O ��''� � \ j�+.�.'� • /r�.a � ' �.��. � ' `- /y� lY V . w M ��' \ '•�� V �+�{ � ,1`� r.�. . N � � � � F.:� . ' � � `� a� = � ' C a F7 0 30 n -f q � e. er .o r� �z � o�. �� x �� = cu 0 a y ,. , , ,, ,._,. , . : , ,, _._, � +�► 4 � � , �i ` .... �. � � �I � �' . . J.� :� _�; , ;. -.�� ' n, � Y i. , `�m. ' � � i �' 1• ' ' 1 � � 3_L � � � ; ��' '= , , � � °, � , �:� .r , � - �: . , -- � Ir, � �I � � �� . '� � � _, ;v ?,�i 1 � C�. —`":'C `� � 4� � .� '; " •�y'. � i r'� .. � '�`-'�������''�., ' �' I ,/'�� '�� '� I . „ i i , � I �� f i � F � ,i'.� �, + � , a �� .i � ^�� � � ! p � . � '' , ' +� �i �� i�' `�'j � � 1� ' ' • , ,�, � . 1 ' ; . i j , � ' � � � � ' i 1 � �z 7 _ , � � � r s� ��`)�� �. � /` �,�� f� ., s �� .�--� I�� Y i Lf..f1'i� ' � � i� �\ �� i % �j �� � �� ,�,�� �� ' �� ' -----• � � � �� /' �` . / �� � �. �: , , 1 �� ` . � e. ��^'/,� L--? � ` �\ ` �` � EXISTING CONCRET� POST EkI5T1NG CHAEN LINK FENCE-- EXIS 1 " � .� . . :., � �XIST. 12" x EXIST. f " EXIST. �2 x 1 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 7, 2003 RESOLUTION 130, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ACCEP�ING A QUIT-CLAIM DEED FROM THE NORTHERN PALM BEAC COUNTY IMPROVEMENT DISTRICT FOR THE LAKE PARCEL AT DOWNTOWN AT THE GARDENS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT-CLAIM DEED IN FAV�R OF DOWNTOWN AT THE GARDENS, LLC FOR THE LAKE PARC L AT DOWNTOWN AT THE GARDENS; RESERVING RIGHTS FOR THE PUBLIC TC3 ACCESS AND USE THE LAKE PARCEL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OPERA�ING AGREEMENT WITH DOWNTOWN AT THE GARDENS, LLC FOR USE OF THE PUBLIC AREA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ESCROW AGREEMENT WITH DOWNTOWN AT THE GARDENS, LLC TO PROVIDE FOR RECONVEYANGE OF THE PUBLlC AREA IF THE PROJECT IS NOT COMPLETED �Y A DATE CERTAIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Downtown at the Gardens, LLC is developing certain real property in the City of Palm Beach Gardens known as Downtown at the Gardens; and WHEREAS, as part of that development, Downtown at the Gardens, LLC is obligated to construct a public area consistent with the Lake Tract Improvements Plan approved by Resolution 92, 2003; and WHEREAS, the Lake Tract is currentiy Improvement District; and by the Northern Palm Beach County WHEREAS, Northern Palm Beach County Improvement District will be executing a Quit-Claim Deed to the Lake Tract in favor of the City of Palm Beach Gardens; and WHEREAS, Downtown at the Gardens, LLC Beach Gardens convey the Lake Tract to Dawnto Downtown at the Gardens, LLC to construct improve Improvements Plan, including improved pedestrian w street furniture and covered public space, and a 30,Q and WHEREAS, Downtown at the Gardens, LLC be reconveyed #o the City af Palm Beach Gardens Lake Tract Improvements Plan is not cornmenced ai has provided an Escrow Agreement to secure this ob Agreement to be recorded in the public records of P �as requested that the City of Palm rn at the Gardens, LLC to enable �ents consistent with the Lake Tract Iks, public gathering areas, including 0-square foot pavilion for public use; ias agreed that the Lake Parcel will n the event that construction of the d cornpleted in a timely fashion and igation, and a Memorandum of such �Im Beach County; and qate Prepared: November 7, 2003 Resolution 130, 2003 1 2 WHEREAS, conveyance of the Lake Tract is determined to be in the public interest 3 as it will facilitate the construction of park improveme�nts for the benefit of the public at the 4 expense of Downtown at the Gardens, LLC; and 5 6 WHEREAS, a Quit-Claim deed, an Escrow �Agreement and a Memorandum of 7 Agreement have been prepared and are attached h�reto; and 8 9 WHEREAS, the parties have agreed to enter into an Operating Agreement to 10 establish a process for approval of uses of the public areas, including special events; and 11 12 13 14 15 16 17 18 WHEREAS, an Operating Agreement has been prepared and is attached hereto; and WHEREAS, the City Council has deemed adoption of this Resolution to be in the best interest of the citizens and residents of the Citv�of Palm Beach Gardens. 19 NOW, THEREFORE, BE IT RESOLVED BY 20 OF PALM BEACH GARDENS, FLORIDA that: 21 22 23 SECTION 1. The foregoing recitals are here 24 SECTtON 2. The City Council accepts the Q 25 Beach County Improvement District in favor of the 26 27 28 29 30 E CITY COUNCIL OF THE CITY affirmed and ratified. laim Deed from fhe Northern Palm of Palm Beach Gardens. SECTION 3. The City Council approves the Q'uit-Claim Deed in favor of Downtown at the Gardens, LLC and hereby authorizes the MayQr and City Clerk to execute such Quit- Claim Deed. 31 SECTI4N 4. The City Council approves the �scrow Agreement between the City 32 and Downtown at the Gardens, LLC and hereby authorizes the Mayor and City Clerk to 33 execute such Escrow Agreement. 34 3S 36 37 38 SECTION 5. The City Council approves the O�perating Agreement between the City and Downtown at the Gardens, LLC and hereby au�horizes the Mayor and City Clerk to execute such Agreement. 39 SECTION 6.This Resolution shall become eff� 40 executed Quit-Claim Deed from the Northern Palm B 41 the Lake Tract to the City. 42 43 44 45 46 (The remainder of this page left 2 :ctive immediately upon receipt of an ;ach Improvement District conveying itentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13�. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 f PASSED AND ADOPTED this �day of ' ,_ AT<TEST: /-�i: , , BY: �-�`� �' � �'"'�C �- �Patricia Snider, City Clerk ,,,, :.� APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: CITY OF P. BY: Christine P. Tatum, City Attorney VOTE MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I,:Y/� G:\attorney_share\RESOLU710NS\reso 130 2003 - quit claim deed-operating � � Date Prepared: November 7, 2003 Resolution 130, 2003 2003. H GARDENS, FLORIDA ayar NAY ABSENT ✓ r gmt - downtown at the gardens.doc Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2�6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4$ Date Prepared: September 6, 2005 RESOLUTION 120, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE IMPROVEMENT PLAN, REMOVING THE CHILDREN'S GARDEN; MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH THE NEWLY-APPROVED ARCHITECTURAL THEME; REMUVING THE VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POlNT ONTO GARDENS PARKWAY; ADDfNG UNUSED REMAINING DRI ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, and the City's Land Development Regulations, is authorized and empow petitions related to zoning and land development orders; and of Palm Beach Florida Statutes, :red to consider WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November 10, 2006; removing the children's garden; modifying the hardscape and landscape to coincide with the newly-approved architectural theme; removing the approved video wall sign; adding a right- out exit point onto Gardens Parkway fram the second garage floor to be approved administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of office space to the project; and to include a request for five (5) additional waivers; and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Commercial and Office; and WHEREAS, the subject site is part of the Regional Center DRI approved by Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; and Date Prepared: September 6, 2005 Resolution 120, 2005 1 WHEREAS, the City Council has considered the evidence and #estimony presented by 2 the Applicant and other interested parties and the recommendations of the various City of 3 Palm Beach Gardens' review agencies and staff; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin Development, is hereby APPROVED for the Downtown at the Gardens project on the approximately 35-acre site lacated within the Regianal Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to rnodify certain conditians of approval; modifying the Lake lmprovement Plan by deferring the installation of the bridge and raised stage to November 10, 2006; removing the children's garden; modifying the hardscape and landscape to coincide with the newly- approved architectural theme; removing the approved video wall sign; adding a right-out exit point onto Gardens Parkway to be approved administratively by staff; and adding unused remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.94 AND LAKE VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Land-Use: 1. Retail use other thai multiple / mixed use Resolution 81, 2001 (Planning & Zoning) 2 � � quality or specialty restaurant use shall be a part of a building(s) linked by pedestrian plazas, per Exhibit C of of the Development Order of the Regional Center DRI. Discount department stores as defined by the City's Land Development Regulations shall be prohibited on the subject site, unless approved by the City Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) Freestanding fast food restaurants and freestanding pharmacies/ drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) A building permit for the multi-screen theater, no less and no less than 2,600 seats, shall be included within feet to be buil# by the Applicant. No more than one E than 55,000 square feet the first 100,000 square building permit shall be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: September 6, 2005 Resolution 120, 2005 issued for the entire project prior ta issuance of a building permit for said theater. Said theater shall be diligentiy constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning, Building) 5. Prior to the issuance af the first Certificate of Occupancy, the Applicant shall comply with Section 78-262 of the City Code dealing with Art in Public Places. The Applicant shall provide art on site or make a payment in lieu of art. The Art in Public Places Committee shall review and make a recommendatian to the City Council on any proposed art on site. (Planning & Zoning) r-.. . ..- - :••:• -- - •- : . -. _. .. . .. • --- -- - - . . . ....._. . . , ., ._ . ._ . . . � . . .. , _ . � . . . e e _ . . . � . . . . , . . . � � - . • .. w � . . � � . � ! � � � • � � i � � � ._ _ .,.._. . :- : .. •_. .. _. .- - .. .. .. .. .. 6�. The applicant of the subject development shall have the sole responsibility of implementing and installing the lake improvement plan as reflected ;;:- €x��"�,-�,+ `�" e# #�+s--��t+e� on the Lake Area Site Plan, dated September 9, 2005, and prepared bv Cotleur Hearing, attached hereto. Prior to the issuance of the #irst Certificate of Occupancy, #�#e that portion of the lake improvement plan adiacent to Downtown at the Gardens development and for which said development is responsible, as shawn on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed, Ge�sE�: The pedestrian bridqe and the performance staqe on the west side of the lake shall be completed no later than November 10, 2006, by the owner of Downtown at the Gardens. The remaininq two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later Novem_ber_ 10, 2006, unless prior to that date the owner transfers the responsibility for the improvements to the respective propertv owners with frontaqe on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Anv major modification to anv element of the lake improvement plan must be approved bv the City Council. (Planning & Zoning) 7�. Prior ta the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) 89. The Property Owners Association of the DRI maintenance of all the park improvements and (Planning & Zoning) �� ,. shall be responsible for the all elements of the lake plan. Date Prepared: September 6, 2Q05 Resolution 120, 2005 9�9. Uses shall be limited to the list attached hereto as Exhibit "E." The Applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to the issuance of a building permit for those tenant improvements. (Planning & Zaning) 10�-1-. Within sixty (60) days of the effective date of this Resolutian, the Applicant will submit an "Operating Agreement" in a form acceptable to the City Attorney between the City and the Applicant, establishing the management and use of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enfarcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning & Zoning, City Attorney) 11�. Prior to the issuance of any development permits, the Applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City Engineer, City Attorney) 12-�-33. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out af view from Alternate A1A at all times. (Planning & Zoning) 13�4. The Applicant shall ensure that the video sign located within the courtyard of the site is not visible from any pubiic right-of-way, parking lots, or residential district, per Section 78-289 of the City Code. (Planning & Zoning) 14�-5. The on-street parking within the Victoria Gardens Avenue right-of-way shall be free of charge and must not be assigned to any specific tenant on site. (Planning & Zoning) 15�-6. The proposed awnings shall be of solid color and striped awnings shall not be permitted within the subject site. (Planning & Zoning) 16�. If shopping carts are to be used on site, shopping carts corrals shall be provided by the Applicant and shall be screened from view by means of a wall and substantial landscaping. The corrals shall be constructed af solid walls and of materials compatible with the primary structures approved on site. (Planning & Zoning) 17�. Shopping carts shall not be allowed to accumulate in any outside area, and shall be removed frorn cart corrals in a timely manner and relocated to storage areas inside building structures. (Planning & Zoning) � Date Prepared: September 6, 2005 Resolution 120, 2005 18a-9. Within thirty (30) days of the effective date of this Resolution and subject to Planning and Zoning staff s approval, the Applicant shall provide revised floor and site plans to the City reflecting at least finro and separate public restroom areas on the first floor of the subject site. (Planning & Zoning) Energv Conservation: 19�A. Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. (City Engineer) 20�-. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. (City Engineer) 21�. Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. (City Engineer) 22�3. Prior to the issuance of the first certificate of occupancy, the Applicant shall demonstrate that a full line of energy-efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) Landscaping and Environment: 23�4. Prior to the issuance of a clearing permit, the Applicant shall coordinate an on-site meeting with the City Forester to confirm that existing and proposed landscaping, as reflected on the proposed landscape plan, effectively screens all parking areas from Alternate A1A, while remaining in compliance with CPTED principles incorporating view corridors for security purposes. (City Forester) 24�5. Prior to any land alteration, all Gapher tortoises shall be relocated from the subject site to an acceptable alternate site approved by the City Forester. (City Forester) 25�6. The Applicant shall, in a cooperative effort, work together with the Police Department to implement, to the maximum extent possible, the CPTED recommendations contained in the CPTED report prepared by Paul Urschalitz and stamp dated by the City December 9, 2002. (Police Department) Engineerinq: 26�. Prior to the issuance of the first building permit, the Applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: September 6, 2005 Resolution 120, 2005 27�. Prior to the issuance of the first building permit, the Applicant shall provide a letter of authorization from the appropriate utility owners allawing the Applicant to pave, landscape, and place starmwater management features, buildings, etc., within their respective utility easements. (City Engineer) 28�. Prior to the issuance of the first building permit, the Applicant shall identify handicap ramps on the plans at all applicable locations. The Applicant shafl provide ramp detail(s) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) 29�9. The Applicant shall maintain a minimum verticai height clearance of 13' 6" for the covered drop-off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) 303-�-. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed and accepted by the City. Construction of said raadway shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay unti{ complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center the DRI. (Planning & Zaning, City Engineer) 31�. Priar to the issuance af the first building permit, all surface water management system elements consis#ent with #he Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction-phasing plan and accepted by the City. The Applicant shall provide a phasing plan, construction plan, and supporting calculations for review and approval by the City, NPBCID, and SFWMD that certifies al1 phases of the surface water management system construction shall be equivalent to the Unit 19 Conceptual Permit. (City Engineer) 32�3. Prior to issuance of the first building permit, the Applicant shall submit to the City for review and approval a boundary re-plat and record said plat in the public records of Palm Beach County. (City Engineer) 33�4. The Applicant shall submit, at its cost, an annual parking study to determine actual parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand, plus expected demand generated by the uses that have not yet been issued certificates of occupancy. This calculation will include an appropriate buffer between parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published tra�c engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project's approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise � Date Prepared: September 6, 2005 Resolution 120, 2005 1 methodology shall be agreed upon by both the Applicant and #he City staff at 2 the time the study is initiated. At a minimum, the study is to be performed 3 during the peak season and during the peak operating hours on a Thursday, 4 Friday, and Saturday (with the exception of the Christmas and Thanksgiving 5 holidays), or as determined by the Growth Management Director. (City 6 Engineer) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 34�. Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project tha# can include the construction of a second parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit "D", or other viable alternative means as approved by City Council. When the on�site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City CounciL (City Engineer) 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall transfer to the Citv any surety for completed public improvements and post additional surety as necessary to secure 110% of the cast of construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard. The City shall not refease any surety posted by the Applicant for public improvements and the additional surety to be paid by the Applicant after completian of said improvements for a period of five (5) years from the date the subject development receives a Certificate of Occupancy of 80% of the approved square footage for the subject site. (Planning & Zoning) 36�. Construction of the second parking garage lacated on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions 34 and 35, shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) 37�. If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of the determination that the on- site parking is 90% occupied, then no additional Certificates of Occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (Planning & Zoning, City Engineer) 38�9. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City Engineer) � Date Prepared: September 6, 2005 Resolution 120, 2005 3949. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off af Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the "Alternate Site Plan," Exhibit "D," attached hereto. Said easement shall be conveyed to the City by a separate instrument within thirty (30) days from the date the City Council approves the additional parking spaces as determined in Conditions 34 and 35 above. Police: 404�-. Lighting locations shall not conflict with landscaping, including fong-term tree canopy growth. (Police) 414�. All lighting (Police) for parking lots and pedestrian walkways shall be metal halide. 4�43. Non-glare building lighting shall be installed around perimeter on all sides and on pedestrian walkways. (Police) 4344. All entry signage shafl be lighted. (Police) 444�. The Applicant sha11 provide tirner clock or photocell lighting for nighttime use above or near entryways and all exits, including emergency exits. (Police) 4546. Prior to the issuance of the first Certificate af Occupancy, the Applicant shall pravide to the City detaiis of the commercial numbering system for emergency response purposes in an 8'/z" X 11" map forrnat. (Police) 464-�. Numerical addresses shall be illuminated for nighttime visibility and not obstructed, have bi-directional visibility from roadways, be unobstructed, and be placed at front and rear of business. (Police) 474�. All ATMs an site sha11 comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police) 4849. All structures shall be target-harden to include buildings pre-wired for an alarm system; doors equipped with a metal plate over the threshold of the locking mechanism; rear doors have 180-degree peephole viewers; and perimeter doors equipped with hinges that utilize non-removable hinge pins. (Police) 4959. The lighting design for the finro (2) parking structures shall incorporate both vertical and horizontal luminance; provide lighting into the edges of parking stalls and over parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide; provide lighting fixtures positioned to minimize glare; and provide lighting fixtures around the exterior of both structures. (Police) 505�-. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) � � Date Prepared: September 6, 2005 Resolution 120, 2005 1 515�. All elevators shall be equipped with emergency two-way communication. 2 (Police) 3 4 52�. Elevators shall not be equipped with stop buttons. (Police) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5354. The Applicant shall work with the Police Department to develop a high- resolution digital closed-circuit security system with recording and photo processing picture or video printout capabilities. The system shall be designed to include a minimum of twelve (12) digital cameras, with the ability to be expanded if warranted by mutual agreement between the Applicant and the Police Department. Farty-five (45) days following the opening of the theater, the Applicant will conduct an on-site meeting with the Police Department for the purpose of confirming the most effective camera locations. The system shall be installed and fully operation within four (4) months of the opening of the theater. (PoMice) 545�. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be installed in all stairwell and elevator areas. (Police) 55. At the discretion of the Growth Manaqement Administrator and with the a�proval of the City Engineer, a Certificate of Occupancy for Buildinq K, also referred to as "Whole Foods," mav be issued in advance of completing all Site and Lake Area Site Plan improvements required bv this Development Order. (Planninq_& Zonin 56. Per Section 78-324 of the City's Land Development Requlations, within six t6) months from the effective date af this Resolution, the Applicant shall install all landscapinq associated with the center island medians and road shoulder on Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3) month extension by the Growth Manaqement Administrator, provided the Applicant has demonstrated proqress in the completion of the landscapinq_ �Planning & Zoning� 57. Simultaneously with the installation of the Alternate A1A roadway landscapinq, the Applicant shall remove the existinq sidewalk and install the meandering sidewalk adiacent to Alternate A1A from Gardens Boulevard to the site inqress/eqress off of Alternate A1A. (Planninq & Zoninq� 58. Prior to the issuance of the first Certificate of Occupancv, the A�plicant shall install all buffers alonq A1ALGardens Boulevard, and Kvoto Gardens Drive, and the west side of the Lake Area Site Plan. (Planning & Zoning� 59. The Applicant shall copy to the CitY all permit applications, permits, certifications, and approvals. (Cit rLEnqineer� 60. The construction, operation, and/or maintenance of any elements of the subiect praject shall not have an�,neqative impacts on the existinq drainaqe of surroundin� areas. If, at anv time during the project development it is determined 0 Date Prepared: September 6, 2005 Resolution 120, 2005 1 by the City that anv of the surroundinq areas are experiencing negative drainaqe 2 impacts caused by the project, it shall be the Applicant's responsibility to cure 3 said impacts prior to additional construction activities in a period of time and a 4 manner accepta�le to the City. (Citv Engineer� 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 61. The Applicant shall complv with all Federal Environmental Protectian Aqencx (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, includinq, but not limited to, preparatian of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as qenerally accepted bv the EPA and/or local requlatory agencies, for construction activities; submission of a Notice of Intent to EPA or its desiqnee: implementation of the approved plans; inspection, and maintenance of controls durinq construction; and submission of a Notice of Termination. (Cit�Enc�ineer) SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78-344(I)(1)a, Standard Space, to allow for a 9.5-foot parking stall width for the two (2) parking garages and all surface parkinq areas on site. 2. Section 78-153, Maximum Building Height, to allow for a height of 45 feet for finro (2) story buildings, 62 feet for the theater building, and 75 feet for the arch feature. 3. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by eliminating the wheel stops. 4. Section 78-319(a)(1), Landscape Buffer Width, to alfow a zero (0) foot buffer along Victoria Gardens Drive. 5. Section 78-320(a)(4), Foundation Planting, to allow no foundatian plan#ing by entrances and service areas. 6. Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback adjacent to Victoria Gardens Drive. 7. Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site. 8. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1) tenant sign for Building M2; a+� four (4) project logo signs:; one (1) additional tenant sign on the north elevation for Buildinc�K; two (2) additional siqns on the bridqe befinreen Buifdings A and B/C {facing north and south�, three (3) additional siqns on Building B/C (two (2) facinq northeast and one (1 �facinq south); two U additional siqns on Building D/E (facinq north and southeast); finro (2) additional � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 Date Prepared: September 6, 2005 Resolution 120, 2005 signs on Building G/H (facinq east and south); and one L) additional siqn on Buildinq I/J (facinq north�, Section 78-341, Intent, to allow for on-street parking along Victoria Gardens Drive. 10. A waiver from Section 78-285 af the City's Land Development Regulations to permit seven (7) additianal project identification signs located at four (4) different buildings within the proj�ct, as depicted in the Master Siqnaqe Plan. 11. A waiver from Section 78-285 of the City's Land Development Regulations to permit letter heights of 4� 66 inches for one (1) principal tenant sign for the theater on the west elevation of the project: and 42 inches for two (2) princiqal tenant siqns on the bridqe connecting to the theatre buildinq. 12. A waiver from Section 78-315(b) of the City's Land Development Requlations to permit more than nine (9 parking spaces between landscape islands in areas alonq Alternate A-1-A. 13. A waiver from Section 78-313(e of the City's Land Development Requlations to permit less than 100% screeninq for service court areas from public view. 14. A waiver from Section 78-319(b)(4) of the City's Land Development Regulations t0 permit the project's landscape type to be less than the reguired threshold of 75% of the City's preferred plant list. SECTION 3. This site plan amendment approval shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised Mar�s� �AB� September 1, 2005, Sheet 1. 2. Mas#er Plan, by Cotleur Hearing, Sheet 3(revised :"��� ", ���� September 12, 2005), Sheet 4( , September 12, 2005), and Sheet 5 ( ' , September 12, 2005). 3. Lake Area Site Plan, by Cotleur Hearing, revised ', July 6, 2005, Sheets 6 and 6.1. �� Site Details, Sheet 7. by Cotleur Hearing, revised , 9�-September 12, 2005, 5. Hardscape Plan, Courtyard Enlarc�ement, by Cotleur Hearing, revised �1�4, �98� September 12, 2005, Sheets 14 and 15. • � � � � • � w • � � � • ♦ � � w 1 1 • � � � � � • � � w • 1 A � = = � � • • � � _ � 1 ► � � � • � � � . � � � � u � � � � � . _ .. „ . � �� . .: . 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: September 6, 2005 Resolution 120, 2005 Second Level Floor Plan Bldqs. BIC and DJE Sheets A.2.B.2. and A2.D2., Floor Plan Bldqs. G/H and l/J bY JPRA Architects dated December 20, 2004. Exterior Elevations bv JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 Pages) dated �ebruarv 11, 2005. 7. Photametric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated �s; �BA� October 31, 2004. 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9. . � � - � _....... . ••. . ., _� , : _.... .. . . . .. 10. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22, 2003. 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1-15, revised , September 12, 2005. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, Sheets A1.1, A2.1, A-3.1, A-4.1 — A-4.4, A-5.1, A-6.1, and PG-1, dated September 29, 2003. 13. Landscape Plan, by Cotleur Hearing, revised September 12, 2005, Sheets 8 and 9. 14. Landscape Plan, Courtvard Enlargements; bv Cotleur Hearing, revised September 12, 2005. Sheets 10 and 11. 15. Lake Area Landscape Plan, by Cotleur Hearinq, revised September 12, 2005, Sheet 12. 16. Landscape Detaiis, bv Cotleur Hearing, revised September 12, 2005, Sheet 13. SECTION 4. All resolutians or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shal! become effective immediately upon adoption. {The remainder of this page left intentionally blank) 12 Date Prepared: September 6, 2005 Resolution 120, 2005 PASSED AND ADOPTED this �i�"� day of Se�rew�,ae�c , 2005. ATTEST: �. CITY OF PA�M B BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL.MEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT � �;l AYE NAY ABSENT � � � � ✓ 1\PbgsfileWttorney\attorney_share\RESOLUTIONS\downtown at the gardens - reso 120 2005.doc 13 sso, Mayor -��� �, ,� ¢��� f�JO[=�C��1C� ����� rn � v n � � -� 0 5 < 5 � � � � � O z z z� r� � O 2 � C ^ 3 V1 �Z . . . . . M ■ . o� �� �o �� �O 2 w � 1 0 � � � t�°n , � r���� � y a :�1 m � rn a d � �r� ..,,,, .�F'' � �:� • 'i • � ' d�. e: '!� : �i� ��};' I' � •�'; i.'.�_ � .�r ♦ ,, I `1l ,�y i � - `�4�` � `,r'��'�^,rs. -��" i � tj f �J 1+- �1'1� . . . ���f+ . �� ' ' ^, ^' . . ��..�, `� °i n"''�'�._-t-.k � J. �aZ l. ! �� i:r4 � \ j "j rt:7 r� i �.,.y�� r� ,r �- � r]/•�L�`y� GARDENS BOULEVARD � � _ ".'�--� � � 7 `I ' � _ "'� ;— — - -� "'� � ��p �_. _ _ .._ --'�_� "�_ J' � �• ; �� / r����wr�� ���'r�{��wr� M O �� m�2 /I��i�,� t`�1� ���� ����� � • C�T�`�`�.�i )�Y�., j�Y 0. i'% � ' • , t� `�K?. 't:� ►����r� �.�'�:�:. ��/"{ / /� /.� , : � e ` i� �. /, ♦ ., i � � � i � � i. 1 �' � i � o � i �� z a. �� = v, r � � z � � rn �' i � � � � ,1 , \\\�`'�� � , '�. �.�♦ /7_I � Id'° i i O n M � R� ' r��r��� y) ��. r������ � `� . \ J \� I � . � � � . mb a� o� � � y ...r....• i �r�•����� �`.�f r,l ?�-u,j.rrf^�'��♦,�. �� �,� •\ �gs�--�� �' � ►' ', ,,..� � - i � , , I ��- i���. � � 'i I� j� /`�.1� ��„l ��� � i � -. ; . 1 1 ... � ���� . i7 . 1 .- ! ii ��/ � � i. i i i� �� �` . 1 ���.1 'S� Oa:,> � � � \ � �N�/� � � ,1�•'J'` P'�� : ,..� � A'��� . . < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 58, 2009 A RESOLUTION OF THE CITY C4UNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL; TO REPLACE THE MOST CURRENT SHARED PARKING ANALYSIS WITH PARKING REGULATIONS FROM CITY CODE; TO REVISE THE LAKE AREA STAGE PLAN; TO PROVIDE A SERVtCE AREA SCREENING PLAN; PROVIDtNG CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Sfafutes, and the City's Land Development Regulations, is authorized and empowered to consider petitians related to zoning and land development orders; and WHEREAS, the City received petition SPLA-07-08-000007 from Downtown at the Gardens Associates, LTD., for an amendment to the site plan approva! for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to replace the most current shared parking analysis with parking regulations from City code; to revise the lake area stage plan; and provide a service area screening plan; and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Commercial and Office; and WHEREAS, the subject site is part of the Regional Center DRI approved by Resolution 9, 1984, as amended; and WHEREAS, the Dawntown at the Gardens project was first approved by City Council on June 59 2003, by Resolution 91, 2003, which designated the mix and amount of allowable uses and provided for a number of development waivers and conditions; and WHEREAS, Resolution 93, 2003 was approved concurren#ly to amend the DRI allowing the new mix of uses for powntown at the Gardens and revising the canversion matrix to include an equivalency provision; and WHEREAS, on May 15, 2003 City Council adopted Resolution 92, 2003, which approved the lake tract improvement site plan for the lake/park area within the DRI; and Resolution 58, 2009 WHEREAS, on December 18, 2003, City Council approved Resolution 212, 2003 to modify the Downtown at the Gardens site plan by deleting an unaccounted 11,000 square feet, reduce the number of theater seats to 3,130, and increase the regional retail square foatage by 1,473 square feet; and WHEREAS, on September 29, 2005, Resolution 120, 2005 approved an amendment to the Downtown at the Gardens site plan and lake improvement plan of the DRI by modifying certain conditions of approval, deferring same elements of the lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet of office space to the subject site, and providing for other modifications and waivers, including a waiver ta the screening requirement for the service areas from public view; and WHEREAS, on January 10, 2005, an administrative approval revised the number of cinema seats to 3,020 and reallocated 1,800 square feet of space befinreen two proposed buildings (M1 and M2); and WHEREAS, on June 21, 2007, Resolution 66, 2007 approved an agreement between Downtown at the Gardens Associates, LTD., and the City related to the Applicant's violation of the project's Development Order, Resolution 120, 2005, in regard to parking requirements at Downtown at the Gardens, and provided a term sheet to the agreement outlining temporary relief to the parking issues while the Applicant developed a long-range solution; and WHEREAS, the subject site is in violation of the Development Order requirements as provided in the term sheet of Resolution 66, 2007, speci�cally regarding required parking and the expiration of the $5.4 million surety bond for the construction of such parking; and WHEREAS, Downtown at th� Gardens Associates, LTD., has completed construction of 240-space expansion to the existing parking garage, a 50-space surface parking lot, and other temporary parking arrangements; and WHEREAS, the proposed site plan amendment would provide adequate parking for the revised mix of uses as required by City code, would correct other outstanding issues which remain outstanding as set forth in Resolution 66, 2007, and would eliminate #he need for the parking bond; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, and Appeals Board on June 9, 2009, which recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens' review agencies and staff; and � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 58, 2009 WHEREAS, the City Council has deemed approval of this Resolution ta be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The Site Plan Amendment petition (SPLA-Q7-08-000007) from Downtown at the Gardens Associates, LTD., is hereby APPROVED for the Downtown at the Gardens project, located on a 35-acre site, more or less, within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, in order to modify certain conditions of approval; to reallocate the mix of uses allowed within the PCD in order to satisfy City required parking regulations; to revise the lake area stage plan; and provide a service area screening plan, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12„ 27.14, AND LAKE VICTORIA GARDENS AVENUE AS RECORDED IN PLAT B�OK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Planning and Zoninq � 1. Permits and occupational licenses for the Downtown at the Gardens site shall be limited to a total of 271,050 square feet of mixed use shopping center use, including up to 70,000 square fee# of restaurant, and a total of 3,032 cinema seats (68,087 square feet), or the equivalent thereof, based on parking and traffic equivalencies. 2. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the Downtown at the Gardens Associates, LTD., its successors, assigns, or agent shall submit a breakdown by use (retail, office, and restaurant) of the gross square footage for lease for approval by the Growth Management Department with the required parking allocations. 3. No service shall be extended to outdoor seating areas that are not included as part of the restaurant allocation plan. Outdoor seating for restaurant service shall be included in the total square foatage for the restaurant. 4. The 50-space temporary parking lot near the parking garage, directly east of building M, shall remain as permanent spaces unless an approved site plan amendment modifies the requirement. 3 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 58, 2009 5. The temporary parking on the Gasman property shall no langer be required upon City Council approval of this Resolutian. In no case shall this parking be used by Downtown at the Gardens beyond June 21, 2010, without further approval by City Council. 6. The Applicant, successors, or assigns shall have the option of building a second parking garage on site in order to remove the limitations on square footage allocations for specific uses. Landscaping and photometric plans for the west parking garage shall be submitted to Growth Management for review and approval. If the parking garage is proposed in a different location or is not consistent with the approved master plan and elevations, City Council approval shall be required for the square footage allocation, site plan, elevations, landscaping, photometrics, and all other land development regulations that apply during the site plan review process for the second garage prior to construction. 7. Prior to issuance of permits for the parking garage, the applicant, successors, or assigns shall be required to bond the parking garage improvements. Permits for new tenants that require the parking garage to satisfy the City's parking requirements shall be permitted once the garage is deemed 75 percent complete by the Building Official. No occupational licenses for new tenants shall be permitted prior to issuance of certificate of completion or final acceptance of the garage improvements. 8. Downtown at the Gardens Associates, LTD., its successors, or assigns shall complete installation of four (4) gates for service areas ("K", "H", uE", & "I/J"} within the following timeframes: • Service area "K" installed by March 31, 2010. • Service areas "H," "E," &"I/J" installed by September 30, 2010. 9. Within 30 days of City Council approval, Downtown at the Gardens Associates, LTD., its successors, or assigns shall provide a cost estimate for the cost of materials and installatian of all service area gates, for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by a prafessional registered in the State of Florida. Surety will be based on 11 Q% of the total combined approved cost estimates and shall be posted with the City within 45 days of receipt of the City's approval of the estimate. 10. Service area gates shall be opaque and of a color and ma#erial compatible with the building fa�ade, as shown on the Typical Caurtyard Screen rendering attached. � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 58, 2009 11. A master lake park area plan shall be submitted prior to June 30, 2010, for review and approval by City Council. The improvements proposed in this plan, either a stage or other substitute improvements as agreed upon by #he City, will be completed by November 30, 2010. 12. Within 30 days of City Council approval, Downtown at the Gardens Associates, LTD., its successors, or assigns shall provide a cost estimate for a stage or other substitute improvements as agreed upon by the City, including all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by a professional registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City within 45 days of receipt af the City's approval of the estimate. Buildinq 13. The stage terrace shall not be elevated more than 30 inches above grade without a safety railing. 14. A safety railing on the lake retaining wall shall be installed by October 16, 2009. A building permit shall be required. Code Enforcement 15. The lake side exterior wall face shall be regularly maintained in a manner to present a clean and neat visual appearance. 16. Service area gates shall remain closed at all times, except when trucks are in the process of loading or unloading. 17. Gates shall be installed so as not to block crosswalks while open, except for the gate for service area "K," which shall only block the crosswalk while the truck is picking up or dropping off the compactor. SECTION Z. This amendment to the Downtown at the hereby approved subject to strict compliance with the Exhibits made a part hereof, as follows: Gardens Site Plan is attached hereto and 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, March 13, 2009, Sheet 1 of 4. 2 Downtown at the Gardens, Site Plan, by Cotleur Hearing, March 13, 2009, Sheets 2 and 3 of 4. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 24 25 zs 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 58, 2009 3. Downtown at the Gardens, Site Details, by Cotleur Hearing, March 13, 2009, Sheet 4 of 4. 4. Downtown at the Gardens, Master Plan — Alt. Plan Includes West Garage, by Cotleur Hearing, revised May 22, 2003, Sheet 3 of 15. 5. Downtown at the Gardens, East Parking Garage and West Parking Garage, Sheets PG-1 & PG-2, by Oliver, Glidden, Spina, & Partners, March 10, 2003. ,: 7 Typical Courtyard Screen rendering. Plans for Partners. Service Areas "E," "H," "K," and "I/J," by Glidden, Spina, and 8. Downtown at the Gardens, Plan of Proposed Elevated Stage/Terrace, averhead sketch, and section sketch. SECTION 3. All previous conditions of approval shall remain in full force and effect except as modified hereinabove. SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page intentionally left blank} ,� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Resolution 58, 2009 PASSED AND ADOPTED this �2� day of '�-�-,e�,., Qe,,� , 20pg, ATTEST: BY: , Gity Clerk 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 40 41 42 43 44 45 46 47 BY: CITY OF PALM BEACH GARDENS, FLORIDA BY: VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLiN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO AYE NAY ABSENT � J ✓ ✓ ✓ G:iattorney_share\RESOLUTIONS�2009\Resolution 58 2009 - downtown at the gardens site plan amendment.doc 7 i Le end pS OPENSDACf CR CURS RAMP Df DKA/NAGE FASfMfA? ue uriu�v�s�xEVr �os rorovaRw,r R KAD/US 'YP. lYP/Q4C FPG 7RsiNS ECEC7R/CAC TRANSFORh1fX DDCV DOUBCEDE7ECTORCHECKI�qL✓ES fC.E TfMPDXARYCONS7RUCf/ONEASFMEN7 S.i/AE SEACOASfUTIL/7YAUTHORl7YFASEMFNf � L4NDSG4PEARE4 � 9'PqRK/NGA�PfA PFN PRNATEF/RENYDRANi FAE PERFETUAC ACCESS Fi1.SF�11FM � 2-tNP-C�RG Cp�'� 60AMPYOWfRPEDESiALS ^J r � ' FX/ST/NG UGfflPUCE . � Key Map Genera/ /Votes ��� ����.���� �� ,�a�.�.�.o.,��.��,� �;�;. �.���,� �.,�.,�.n���,�, .� ��P� �ro. ���,.,�„��..�...�� LA�CE PARK S/TE PL.AN o� �� �o� �� �. � Scale: 1" = 20' North Cotleur & Hearing Landscape ArchRecLs Land Planners Envlronmental Consultants 1934 Commerce tane Suite 7 Jupker, Florida 33458 581.747.6336 • Fax 747.1377 wwa.cotleurheadng.com Lk# LGC000239 �//�� � . . . .__ _ .. � � � � p� � � � �a � � .� � � �� � � � � �� � � � � 0. � � � 0 � ��� �.g �atM acN c�+ �1tNl 71�11 �LIMiN�NG � �.�=F, _ .� �.,,.�o,,:��am. �� �,�,��.� SHEET I OF � O CO�R.yE�URHEARklG ING �b G �d M�vLaou�u�m � � mq N q�� M'n� W MT M�e1M FmY'�Y �M�P�b9MWllw1 . �`°����, . � . !t ', � R • �� �:,C'��; '� i,,,, � �` � - • ''7!?�`�� � r��� " � � �+ � ���1 '`.�� e� � �:�: y � :,���-. � , _ . � � ' , :��, � � { � 1 � �F� �� _;'�,,,�, �; .., .� ,,��� � �� � _ "'' � r �� � . . ■ � ., ■ . ■ � , Y�" '�*r � � � � - '� � � � , ��F�� � �rw � � ' , - � " � � a ; ��y ,�� � ^ ^ � � � y � " '�',�� � _ � r• � • n /� � �!' � � . .i a.r� , J,� � �+ �� �¢,�_/� _ r, p, .,�tx�+� , � � � �,,' - �°j: ?�°� !�;a,` � " {, . 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[X] Recommendation to APPROVE with one (1) waiver [X] Recommendation to DENY one (1 waiver Reviewed by: Originating Dept.: Finance: PZAB Action: Director of Planning & Planning & Zoning: Accour�ant [] Approved Zon'n Project Manager '��. [] App. w/ Conditions Sarah Varga [ ] Denied i M. Wong, AICP [] Rec. Approval Kathryn Wilson, Fees Paid: N/A [] Rec. App. w/ Conds. City Attorney Planner [] Rec. Denial Funding Source: [ ] Continued to: R. Max Lohman, Esq. [X] Quasi — Judicial [ ] Legislative [ ] Operating Develo�ment Compliance LX] Public Hearing [X] Other N/A Y�°' Attachments: /��� l ,% Advertised: Budget Acct.#: . Location Map B '�areh Wolfs, AICP [X] Required [] Not Required N�A • Project Narrative Resource Manager Date: 06/10/2011 • Fence Location Map �Paper: Palm Beach �� Post • Chain Link Fence Allyson Black Detail Approved By: • Fence Typical Affected parties: � • Site Photos City Manager [X] Notified [ ] Not Required Ronald M. Ferris Meeting Date: June 21, 2011 SPLA-11-05-000025 Page 2 of 6 BACKGROUND The Frenchman's Creek Development of Regional Impact (DRI) and Planned Community Development (PCD) were originally approved in 1973 by Palm Beach County (PBC). The 8.74 acre clubhouse facilify received site plan approval from PBC in 1986, which included a 65,817 square foot clubhouse, 560 square foot pool pavilion, 18 tennis courts, a pro shop, and a 36 hole golf course. On December 15, 1988, the Palm Beach Gardens' City Council approved Ordinance 49, 1988, which annexed the Frenchman's Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. The annexation included southern half of the Frenchman's Creek PCD/DRI, located east of Alternate A1A and south of Donald Ross Road. The northern portion of Frenchman's Creek, known as The Bears Club, is located north of Donald Ross Road, and was annexed into the Town of Jupiter. The portion of Frenchman's Creek located within the City currently is approximately 300 acres, and includes 633 dwelling units, two (2) golf courses, a clubhouse facility, and a marina. The subject request is to approve a second perimeter fence to surround the PCD and be located adjacent to the existing perimeter fence. LAND USE & ZONING The subject site has a zoning designation of Planned Community Development (PCD) and a future land use designation of Residential Low (RL) and Golf (G). (The remainder of this page has been left intentionally blank.) Meeting Date: June 21, 2011 SPLA-11-05-000025 Page 3 of 6 Table 1. Surrounding Zoning & Land Use Designations • - � � Subiect Propertv PCD RL/ G Frenchman's Creek North Town of Jupiter Town of Jupiter The Bears Club Residential Sin le Famil R1 Residential Low RL South Frenchman's Reserve PCD RL East The Sanctuary PUD/Residential Low RL-2 RL West Evergrene PCD Residential Medium RM CONCURRENCY The subject approvals. petition does not propose any modifications to the existing concurrency PROJECT DETAILS Site Details and Access The Frenchman's Creek PCD is located at the southeast corner of Donald Ross Road and Alternate A1A, and encompasses approximately 300 acres. The subject site has existing access from Donald Ross Road via Tournament Drive. The clubhouse facility and fitness center are centrally located within the PCD, and can only be accessed via Tournament Drive (see attached Location Map). Frenchman's Creek is a country club community with two (2) private golf courses, a bi- level driving range, and a chipping and practice area. Additionally, there are approximately 17 tennis courts surrounding the clubhouse site. Both the golf and tennis activities on site are highly utilized by the residents of the community. In an effort to encourage the use of golf carts as a means of alternative transportation, the community was designed with a network of ineandering cart paths. Proposed Improvements The Applicant is proposing an eight (8) foot high perimeter fence to be located parallel to the existing perimeter fence. The new fence will be located inside the existing fence and the two (2) will be separated by approximately ten (10) feet. The existing fence, which was approved while the PCD was located within Palm Beach County, varies in height from six (6) feet to four (4) feet and has barbed wire. Please note that the existing fence is a legal nonconforming structure, because barbed wire is not permitted Meeting Date: June 21, 2011 SPLA-11-05-000025 Page 4 of 6 in residential zoning districts, per Section 78-186(8)(f). While the fence is permitted to remain, any changes, alterations, or repairs as outlined in Section 78-715 will require the structure to come into compliance with the City's current Land Development Regulations. A condition of approval has been included to further emphasize this concern. Per Section 78-186(8)(a) of the City's Land Development Regulations, fences within residentially zoned districts cannot exceed a height of six (6) feet. For security reasons, Frenchman's Creek is requesting a waiver from this provision to allow an eight (8) foot perimeter fence. The proposed fence will help create a"Neutral Zone" to temporarily stop or delay an intruder who is able to penetrate the initial perimeter fence. Security sensors will be triggered once the first fence is penetrated, giving the security officers more time to respond to the detected disturbance. The Applicant will be utilizing the existing landscaping to screen the proposed fence from the general public and residents of the community to the extent possible. The City's Police Department has reviewed the subject request and is in support of the proposed second fence. Maintenance The area between the two (2) fences will consist of sod and very little landscaping. The ten (10) foot area between the two (2) fences is wide enough for a standard lawn mower and other landscaping equipment, and will be accessed through various access gates. Phasinq The Applicant is not proposing to phase the improvements. Drainape No changes to the existing drainage are proposed with the subject petition. Waiver Requests The applicant is requesting two (2) waivers with this petition. 1) The Applicant is requesting a waiver from City Code Section 78-186(8)(a), Nonresidential zoning districts, to exceed the maximum fence height in a residential zoning district by two (2) feet. The additional fence will allow the community to Meeting Date: June 21, 2011 SPLA-11-05-000025 Page 5 of 6 enhance their existing security system and will not negatively impact the community residents. Additionally, there are other communities and properties (Magnolia Bay, Dwyer High School, Temple Beth David) that have utilized vinyl chain link fencing for security (see attached photos). Staff is in support of this waiver request. 2) The Applicant is requesting a waiver from City Code Section 78-186(8)(d), Nonresidential zoning districts, to install a standard chain link fence without the required vinyl coating. The vinyl coating addresses visibility and durability concerns associated with chain link fencing. The Applicant stated in their narrative that the waiver request stems from the higher cost of vinyl, and that the fence will be screened by the existing landscaping on site. The benefits of the additional cost related to vinyl fencing are decreased visibility of the fence and increased durability and lifespan. Most of the projects within the City have endured a much more significant cost in putting up decorative concrete walls to surround their communities (Old Palm, PGA National, Ballenlsles). While the Applicant claims that the fence will be completely screened with landscaping, there will always be areas of the fence that will be exposed and visible to some degree. Over time, landscaping can thin out or die creating more pockets of visible fencing. The City's code requires the black or dark green vinyl coating for this very reason. A vinyl chain link fence is much less visible than a standard chain link fence, where the silver stands out against landscaping. In addition, there are not any residential communities within the City where a waiver from this code section has been granted. Even the existing fence around Frenchman's Creek has dark green vinyl coating (see attached pictures). Standard chain link fences have only been approved in relation to temporary fences (see attached photos). In order to provide a quality fence that will more effectively blend with natural vegetation, staff does not support the requested waiver to provide a fence without vinyl coating. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On May 26, 2011, the subject petition was reviewed by the DRC committee. At this time, all comments related to the project have been satisfied. STAFF RECOMMENDATION Staff recommends APPROVAL of petition SPLA-11-05-000025 with one (1) waiver and denial of one (1) waiver, and the following conditions: 1. Prior to the issuance of the Certificate of Completion, digital files of the approved Site Plan shall be submitted. (GIS Manager, Development Compliance Manager) Meeting Date: June 21, 2011 SPLA-11-05-000025 Page 6 of 6 2. Prior to the issuance of Certificate of Completion for the proposed improvements, an inspection is required by the Development Compliance Division. (Development Compliance Division) 3. Prior to the issuance of a fence permit, the Applicant shall mark the locations of the fencing to be installed and contact the City Forester for inspection and approval of the locations. (Forestry Division) 4. Any pruning of landscaping to allow installation of fencing shall be completed in a professional manner to promote healthy re-growth of the affected plants. (Forestry Division) 5. The existing chain link fence with barbed wire is a legal nonconforming structure and may not be expanded, enlarged, or altered in any way which increases its nonconformity. Additionally, if the nonconforming structure is destroyed by any means to an extent of 50 percent or more of its assessed value as determined in the latest tax Palm Beach County tax roll, the structure shall not be reconstructed except in conformity with the City's Land Development Regulations, per Section 78-715. (Planning and Zoning) 5::;:,:�� ;:.�� 1r�..�:_�4�.� �� R S �S�'�..'n�o', S , i t i *��p � ��' � LOCATION MAP Frenchman's Creek Planned Community Development (PCD) r . "T' � 1 � A y ;; � �,� � -`a �� � � �, � `�� .. � '�� �� , `�"�� � �'`�� _� �� �'�. �,�_ ., �..� � ���� ���, � � 6 �� on:� f �t .x xf�'� �� .' .��'� .., Y � �e , ��'� tl �:.',���.y� �1�� t �. °f � : � . t 9 t � . 1 .�� ..' ,,�.: i ��py, �,4�" if•ryy�y t�" ���! � `i �" 1 : " � . y �. ` � � + I� �.�y �� l�..N. � y�,. . t-. �lw� .�'1�" '�.`Sf "r � � � � �, + k , � � ��� 1 '�f f� S� ' �, t�"� �� , t i � �ti w , �S : ;b I f * r - 'j ! LAN D DESI�N SOUTH Planning Landscape Architecture Enviranmental Transportation Graphic Design PROJECT NARRATIVE Frenchman's Creek PCD Fence Waivers Major Site Plan Amendment May 6, 2011 Revised May 31, 2011 REQUEST The Applicant is respectfully requesting a Major Site Plan Amendment and approval for two (2) waivers from City Council to install an eight (8) feet high, chain link secondary fence at the Frenchman's Creek Community. Waiver #1: The Applicant is requesting a waiver from the height requirement outlined in Section 78- 186.8.a of the City of Palm Beach Gardens Zoning Code, which currently states "fences and walls in residentially zoned districts may be erected or maintained to a heighf not exceeding six feet". The height limitation of six (6) feet does not provide the height necessary to provide adequate security to the community. The secondary fence will be eight (8) feet in height, chain link and located approximately ten (10) feet inside the existing perimeter fence. The waiver from the height requirement is necessary in order to provide adequate security to the community. The location of the eight (8) feet high secondary fence will surround the majority of the perimeter of the community, with the exceptions being sporadic locations along Donald Ross Road, a portion of Prosperity Farms Road and along Alternate A1A. Security is of the upmost importance in the Frenchman's Creek Community. There is an existing six (6) foot perimeter fence with barbed wire that surrounds the property; this perimeter fence is considered a "grandfathered" use and will remain. In addition to the existing perimeter fence, Frenchman's Creek is requesting approval to install a secondary perimeter fence, which will be located inside the existing fence. As has been discussed, the secondary fence will be chain link and has a height of eight (8) feet. The secondary fence will create a"Neutral Zone" in which a holding or delaying area will be created that will temporarily stop or delay an intruder that was able to penetrate the initial perimeter fence. In the event an intruder accesses this "Neutral Zone", security will be deployed to that area to apprehend the intruder. The eight (8) foot high secondary fence needs to be taller than the existing primary fence line in order to function as a delaying barrier and give security officers sufficient time to respond to the detected intrusion. Once installed, the secondary fence line will not be seen by the general public or by residents and golfers. Due to wide variations in the terrain around the perimeter, the height of the existing fence line various from six (6) feet down to four (4) feet. This terrain variation will also cause the secondary fence to vary in height along sections of the perimeter. The installation of the secondary fence will not impact the surrounding community, as it will be located internal to the development. The installation of the eight (8) foot high secondary fence will allow for the necessary security to be provided for on site. Additionally, the fence will not cause any adverse visual impact on the Frenchman's Creek Community, nor will it adversely impact the surrounding community. The fence will be interior and buried in the landscape and berms and not seen by anyone, the general public or the residents. Thus, the secondary fence is not causing any adverse visual impacts; to the contrary, nobody, including the residents of the community, will be able to see the fence, given the location and landscaping. 400 Columbia Drive, Suite 110 � West Palm Beach, Florida 33409 � 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 202 � Port St. Lucie, Florida 34986 � 772-871-7778 FAX 772-871-9992 Waiver #2: In addition to the height waiver, we are respectfully requesting a waiver from the required vinyl coating for chain link fences outlined in Section 78-186.8.d, which currently states "chain link fences sha/l be vinyl coated, utilizing black or dark green colors, excluding single-family and dup/ex dwelling units". The eight (8) foot high secondary fence will be chain link and is being installed to address security for the community. The cost associated with vinyl coating is very high and is not necessary, due to the fact that the proposed fence is a secondary fence and is internal to the existing perimeter fence that surrounds the community. The fence is being installed for security purposes and will be internal to the site. The fence will be interior and buried in the landscape and berms and not seen by anyone, the general public or the residents. The secondary fence is not causing any adverse visual impacts; to the contrary, nobody, including the residents of the community, will be able to see the fence, given the location and landscaping. The Applicant respectfully requests approval of the Major Site Plan Amendment and approval of two (2) waivers to install an 8' high, chain link secondary fence. 400 Columbia Drive, Suite 110 � West Palm Beach, Florida 33409 � 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 202 � Port St. Lucie, Florida 34986 � 772-871-7778 FAX 772-871-9992 ' �,; %� ' , �t � K>`� � � - a .. 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Included a fountain, outdoor seating, amphitheater, flowering shade trees. December 18, 2003 –Operating agreement approved requiring lake area to be open to the public in perpetuity. September 29, 2005 –Approved a raised stage and outdoor seating. Deferred installation to November 2006. September 24, 2009 –Deferred submittal of Lake Area Plan to June 30, 2010 and completion of improvements to November 30, 2010. PLANNING CHARETTE Meeting held with applicant and DRC to discuss current Lake Area. Group consensus was: Provide additional landscaping Need more shade and seating areas Energize the area so people want to sit/play/relax Provide opportunity for more significant events Maintain flexibility in design so that area can be utilized when events not occurring within park area RESOLUTION 58, 2009 Allowed for the applicant to propose a stage “or other similar improvements agreed to by the City”. Required to submit lake area plan by June 30, 2010 (complied). All improvements to be installed by November 30, 2010 Code Enforcement issued NOV for non-compliance. Subject request will remedy Code Enforcement violation if approved by Council. SUBJECT PETITION Applicant proposes: 1.Approval of underground electrical conduit in order to host events that need electrical power which would increase the programming capabilities of the park. 2.In-lieu of raised stage,an interactive art piece spanning 64’x71’FT. DOWNTOWN LAKE AREA Not an AIPP requirement. Artwork includes decorative brick pavers and multi-colored pieces of fabric. STAFF ANALYSIS Installation of electrical conduit will allow for events similar to Red,White,and Zin,Art in the Gardens,and Dancing under the Stars to be held in the Park Area. Interactive Art Piece Plan could be improved by adding landscaping and shade structures (none proposed at this time). Applicant should consider placement of the artwork in relation to view corridors. Location and size of structure may not allow the flexibility to hold events in the park. STAFF RECOMMENDATION Staff recommends approval of Petition No.SPLA-10-07- 000019 with the conditions of approval contained therein. 1 City of Palm Beach Gardens PZAB June 21, 2011 Downtown at the Gardens Site Plan Amendment 2 Project Team •Applicant –Property Owner –Downtown at the Gardens Assoc. Ltd. –Berman Enterprises, Mr. Kevin Berman •Agent –Land Planner –Cotleur & Hearing, Inc. •Architect –H. Paul Davis Designs 3 Purpose of Petition As noted in the staff report Berman Enterprises inherited an obligation to construct a “performance stage” or similar improvement in the Lake Park. (Resolution 58-2009) Berman Enterprises has posted full surety ($82,500) for the costs of construction of a stage with the City. Resolution 58 - 2009 provided for the submittal of an alternative solution. Over the past several months we have been working with the city staff to evaluate alternatives for the programing of the Lake Park. The purpose of this petition is to bring the Development Order into compliance and to allow the Berman’s to continue their efforts to revitalize Downtown at the Gardens. 4 Location & Context 5 Lake Park 6 Lake Park 7 Lake Park It has long been the vision of the City for the Lake Park to be a Public Gathering Place. Downtown regularly schedules performances on site within the Center Court and the Lake Park. A temporary stage is often used for these events. Downtown has expressed that the perception of an empty stage is less desirable than no stage at all. Based on our meetings with Staff we have concluded that the most beneficial improvements to the Lake Park at this time is the installation of “event ready infrastructure” (Lighting and Power) to facilitate events along the lake. The Berman’s have begun to program and schedule events for the community within the Park. The Berman’s encourage civic and other community organizations to hold events at Downtown. 8 Lake Park Events 9 Lake Park Events 10 Lake Park Events Downtown in Bloom 11 Lake Park Events This November “Art in Gardens” will be hosted around the Lake at Downtown. The NPB Chamber is working to establish signature events the City of PBG 12 Lake Park Events 13 Taste of the Gardens 14 Taste of the Gardens 15 Lake Park Plan Removal of Pavers to Open Lawn Area “Doorways” Visual & Interactive Art Feature Installation of Underground Infrastructure 16 Lake Park “Doorways” Feature 64’ x 71’ x 30’ Ht. 17 Lake Park 18 Context 19 Alternative Plan Existing Pavers to Remain. The pavers proved to be very useful during DT in Bloom. 22 grey wood Royal Palms w shade sails & bench seating. Maintain Open Area to accommodate large tents and a variety of events (100’ * 100’, 80’ * 120’) 20 Conclusion Applicant is requesting the Planning and Zoning Boards Recommendation of Approval to the City Council for the Modified Lake Park Plan The applicant is in agreement with all conditions of approval proposed by staff. 21 Thank You 22 23 Context Frenchman’s Creek Perimeter Fence SPLA-11-05-000025 Planning, Zoning, and Appeals Board June 21, 2011 Request •Add an eight (8) foot perimeter fence to surround the entire community for security purposes. Location Background •1973 –Frenchman’s Creek was approved by Palm Beach County. The existing six (6) foot barbed wire fence was built at this time. •1988 –Frenchman’s Creek was annexed into the City of Palm Beach Gardens. Proposed Fence Location Typical Fence Section (Barbed Wire) The proposed fence will be located inside the existing perimeter fence. Waivers Code Section Requirement Proposal Waiver Staff Support & Discussion 1 78-186(8)(a)Maximum 6 foot high fence 8 foot high fence 2 feet Approval 2 78-186(8)(d)Vinyl coated chain link fence Standard chain link fence No vinyl coating Denial Waiver #1:The additional fence height will allow for increased security within the community.The City’s Police department is also in support of the height proposed.Staff supports the requested height waiver. Waivers Code Section Requirement Proposal Waiver Staff Support & Discussion 1 78-186(8)(a)Maximum 6 foot high fence 8 foot high fence 2 feet Approval 2 78-186(8)(d)Vinyl coated chain link fence Standard chain link fence No vinyl coating Denial Waiver #2:Vinyl coating addresses visibility and durability concerns associated with chain link fencing.All chain link fences are required to provide vinyl coating.Most projects within the City have endured a even more significant cost in putting up decorative concrete walls to surround their communities (Old Palm,PGA National,BallenIsles).The vinyl coated fence is much less expensive than the concrete walls. Staff Recommendation Staff is recommending approval of SPLA-11-05-000025 with one (1) waiver regarding the increased fence height and denial of one (1) waiver regarding the vinyl coating. Frenchman’s Creek Existing Fence Magnolia Bay Magnolia Bay Dwyer High School Temple Beth David Southhampton Temporary Construction Fence Prosperity Farms Road (Not in the City) Palm Beach Gardens, Florida Frenchman’s Creek Presented by Planning Landscape Architecture Environmental Services Transportation Graphic Design Planning, Zoning and Appeals Board Hearing June 21, 2011 Request •Major Site Plan Amendment to allow the installation of a secondary security fence along portions of perimeter of the Frenchman’s Creek PCD. •Two (2) waivers requested: Code Section Requirement Proposal Waiver 78-186(8)(a)Maximum 6 foot high fence 8 foot high fence 2 feet 78-186(8)(d)Vinyl coated chain link fence Standard chain link fence No vinyl coating Location Map N O R T H Al t . A 1 A Donald Ross Road Pr o s p e r i t y F a r m s R o a d Hood Road Proposed Secondary Security Fence Locations 25’ landscape buffer Sections vinyl coated Section with green, woven fabric Section with green, woven fabric Existing 6’ high fence 25 years old Not vinyl coatedExisting 6’fence Proposed 10’ Neutral Zone Proposed cameras &motion detectors Proposed 8’ secondary fence Waiver #1 •Waiver #1 –Height •Secondary fence will be 8’ in height and chain link •Secondary fence will creates a “Neutral Zone” •Holding or delaying area will be created •Security cameras and motion detectors will notify security of an intruder •Will temporarily stop or delay an intruder penetrated initial perimeter fence. •In the event an intruder accesses this “Neutral Zone” security will be deployed to that area to apprehend the intruder •The 8 foot high secondary fence needs to be taller than the existing primary fence in order to function as a delaying barrier and give security officers sufficient time to respond •STAFF RECOMMENDS APPROVAL Waiver #2 •Waiver #2 –Vinyl Coating •Existing 6’ fence with no vinyl coating •The secondary fence is an industrial grade, 9 gauge, and zinc galvanized to prevent rust and corrosion for a warranty period of 25 years. •The cost associated with vinyl coating is very high and is not necessary •Cost associated with the vinyl coating is approximately $90k •The fence will be interior and buried in the landscape and berms and not seen by anyone, the general public or the residents •No adverse visual impacts created Frenchman’s Creek community voted in favor of chain link fence with no vinyl coating. Summary N O R T H Request for 8’ high secondary fence Request for chain link, no vinyl coating Palm Beach Gardens, Florida Frenchman’s Creek Presented by Planning Landscape Architecture Environmental Services Transportation Graphic Design Planning, Zoning and Appeals Board Hearing June 21, 2011 ST. PATRICK CHURCH 2549 Hope Lane West Palm kch Gardens, Florida 33410 (561) 626-0626 June 21,2011 Ci of Palm Beach Gardens Planning Zoning &Appeals Board City Hall 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Petltion Number SPIA-11-05-000025 - Fienchman’s Creek Site Plan Amendment To All Concerned: We have no objection to the proposed site plan amendment, but we do have a request for consideration. From the east corner of the subject property to a point west of church buildings, we would appreciate proper landscaping be installed to reduce the visibiliof the fence(s) from our property. Since Frenchman’s Creek cleared the area a few months ago, a lot of natural landscape barrier was removed. Thousands of people visit the church property monthly and we devote a lot of time and funding to keep the grounds as attractive as possible. Your assistance in reducing the visibility from our property of the proposed eight foot fence will be appreciated. Over the years Frenchman’s Creek and the church have had an excellent working relationship. The security patrols for the community uses our property to patrol along their existing fence line. We look forward to our continued relationships. Your consideration of our request will be appreciated. Sincerely, Fr. Brian Campbell Parochial Vicar cc: Land Design South, Diocese of Palm Beach