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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
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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
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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.
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y-,r�x�""� fs5,�� N�zS�. �e. 2^�`=,u'J vL . .rev��.�� �a:.�° �•?° �.,�.,vsy._� a�,c<,<G,. v.i, �,L<, ~r.� a y S�'i`e*.�ut�e�'���'�'S.)����"�a',k^4�
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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
�
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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.
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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.
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ATTEST: � -- ._ -��' F .
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BY:
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APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
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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
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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.
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LCC35
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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
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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
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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:
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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
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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.
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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.
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(The remainder of this page left
2
:ctive immediately upon receipt of an
;ach Improvement District conveying
itentionally blank)
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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
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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
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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
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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
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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-.. . ..- - :••:• -- - •- : . -. _. .. . ..
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. . . � . . .. , _ . � . . . e e _ . . . � . . . . , . .
. � � - . • .. w � . . � � . � ! � � � • � � i � � �
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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)
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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)
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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)
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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)
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Date Prepared: September 6, 2005
Resolution 120, 2005
1 515�. All elevators shall be equipped with emergency two-way communication.
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4 52�. Elevators shall not be equipped with stop buttons. (Police)
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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�
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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
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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.
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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.
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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.
. � � - � _....... . ••. . ., _� , : _.... ..
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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
�
�
�
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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
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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.
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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.
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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.
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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.
,:
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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}
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Resolution 58, 2009
PASSED AND ADOPTED this �2� day of '�-�-,e�,., Qe,,� , 20pg,
ATTEST:
BY:
, Gity Clerk
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19 APPROVED AS TO FORM AND
20 LEGAL SUFFICIENCY
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BY:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLiN
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
AYE NAY ABSENT
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: June 21, 2011
Petition: SPLA-11-05-000025
Subject/Agenda item:
SPLA-11-05-000025 Frenchman's Creek Planned Community Development (PCD)—
Major Site Plan Amendment
Public Hearing & Recommendation to City Council: A request from Frenchman's
Creek, Inc., to approve an eight (8) foot perimeter fence surrounding the entire PCD.
Frenchman's Creek is located on the south side of Donald Ross Road east of alternate
A1 A.
[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)
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LOCATION MAP
Frenchman's Creek Planned Community Development (PCD)
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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
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CITY OF PALM BEACH GARDENS
DOWNTOWN AT THE GARDENS MAJOR SITE PLAN
AMENDMENT –REVISION TO MASTER LAKE AREA
PLAN
PETITION NO. SPLA-10-07-000019
Planning, Zoning, and Appeals Board (PZAB)
June 21, 2011
LAKE AREA CHRONOLOGY
March 7, 2002 –Required a Lake Tract Improvement
Plan to commence with the first B.P.
June 5, 2003 –Lake Area Plan approved. 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