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HomeMy WebLinkAboutAgenda Council Agenda 110608 CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 6, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Florida Department of Transportation project at US1 and PGA Blvd/A1A. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4) Proclamation – Geographic Awareness Week. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 5, Resolution on Page 18) Resolution 95, 2008 - Decorator’s Unlimited. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of approval; providing an effective date; and for other purposes. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso b. (Staff Report on Page 48, Resolution on Page 50 Resolution 97, 2008 - St. Mark’s Episcopal Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event application at St. Mark’s Episcopal Church for a family movie night to be held Friday, November 14, 2008, from 6:00 p.m. until 10:00 p.m., generally located on the Northwest corner of Burns Road and Gardens East Drive; providing an effective date; and for other purposes. c. (Staff Report on Page 69, Resolution on Page 73) Resolution 100, 2008 - Development Order Amendment for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a 175-room six (6) story hotel, a four (4) story 37,500-square-foot office building, and a one (1) story 4,000-square-foot out parcel bank on a 6.64-acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing conditions of approval; providing waivers; providing an effective date; and for other purposes. Part II – Non-Quasi-judicial X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 111, Ordinance on Page 119) Ordinance 28, 2008 – (1st reading) Amending the Capital Improvements Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Sections 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City- initiated amendment which provides for the annual update to the five-year Capital Improvements schedule within the Capital Improvements Element, including revised text necessary to update tabular data in the capital improvements element; providing that the text and data, as amended or revised, shall be substituted for and replace the existing text or data in the Capital Improvements Element; providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. January 1, 2009 Council meeting. b. Membership to the Historical Society. c. District Park – purchase, timeline and uses. d. City of Palm Beach Gardens’ 50th Anniversary. e. Policy on Personal Relationships in the Workplace. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY COUNCIL AGENDA COVER MEMORANDUM Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 Subiect/Aeenda Item: Resolution 95,2008 -Decorators Unlimited at Northcorp PCD Consideration of Approval: A request by Johnston Group Land Development Consultants, Inc., agent, on behalf of South Park Center II, LTD, for approval to allow the addition of an ornamental tower element with and minor modifications to the site and Park Center, Lot 2, Northmrp Planned 300 feet north of Burns Road and two signs on the west elevation of the Decorators Unlimited landscape plans for the site. The 3 .O 1-acre parcel is located Community District, on the west side of Riverside Drive adjacent to Interstate 95. I [ X ] Recommendation to APPROVE 1 waiver X ] Recommendation1 Reviewed by: Attorney Development Compliance: NIA Bahareh K. Wolfs, AICP Growth Management Adminis tor: 2k- Kara'L. kin, AICP Approved By: City Manager: & Rodld VFerris f DENY 1 waiver Origiaating Dept.: Growth Management: Manager [ X ] Quasi- Judicial [ ] Legislative [ 3 Public Hearing Advertised: Date: Paper: [ X 3 Not Required Public Notice: [ 1 Yes fx] Not required Allan Owtps Administrktor Senior Ac untant: /R FeesPaid: ""T [ ]Yes Funding $ource: Other YL N Budget cct.#: %A City Council Action: [ ]Approval wlconditions [ 3 Denial [ ]Continued to: [ ]Approval Attachments: B Applicant's Narrative & Justification 0 Resolution 2,1997 0 Resolution 48,1996 0 Ordinance 1,1990 0 Resolution 95,2008 1 0 Plans 0 Resolution 68, 1996 I i I BACKGROUND On January 18, 1990, the City Council adopted Ordinance 1, 1990 rezoning Northcorp Center, RCA Boulevard Center, West Park Center, and South Park Center from Research and Light Industrial (M-1) to Planned Community District (PCD)/Planned Unit Developments (PUDs) with underlying zoning of M- 1. Furthermore, Ordinance 1,1990 provided that subsequent approvals shall be by resolution without newspaper publication or notice being required. Conditions of approval for development of the individual PUDs within the PCD were outlined in Ordinance 1, 1990. Through the adoption of Resolution 48, 1996 on March 2 1,1996, the City Council approved the site plan for the development of a 28-foot tall, 47,000-square-foot building located on Lot 2 of South Park Center within the Northcorp Planned Community District (PCD). The plans included 7,500 square feet of future ancillary ofice space in a mezzanine above the main floor of the warehouse area. On April 18,1996, through the adoption of Resolution 68,1996, the City Council approved areduction in the size of the building from 47,000 square feet to 45,309 square feet in order to meet open space requirements. Resolution 2,1997, which was adopted by the City Council on February 6,1997, approved an amendment to the site plan and also included changes to the ground signs, wall signs, and the addition of two directional signs. The approval included a 24-inch-high sign for Decorators Unlimited at the northern end of the west elevation wall facing Interstate 95. There is also one principal tenant sign currently displayed on the east building elevation facing Riverside Drive. LAND USE AND ZONING The subject site is zoned Planned Community Development (PCD) Overlay District with a Research & Light Industrial Park (M-1) underlying zoning district. The future land-use designation of the site is Industrial (I). PROJECT DETAILS The applicant is requesting approval to add an architectural tower element on the west building elevation facing Interstate 95 as a means to enhance the appearance of the existing building and to provide a location to display two principal tenant signs. The applicant states that the existing sign on the west elevation of the building is no longer visible to motorists due to the recent widening and reconstruction of Interstate 95. The upper tier of the 24-foot-tall tower will be angled so that its facades are visible to both the north-bound and south-bound traffic on Interstate 95. The applicant is also requesting approval to relocate the existing monument sign and associated landscaping. Architecture The applicant states several design concepts were considered for the tower element, including a rotunda style, but contends that the 45-degree angled-tower design was chosen in order to fit the existing building, to provide a tower fagade large enough to accommodate the proposed signage, and to also provide visibility to motorists on Interstate 95. (Please see applicant’s attached “Project Narrative” for a detailed explanation.) The applicant states the proposed 24-foot-tall tower feature has been designed to complement the architectural style of the existing 28-foot-tall-building. Section 78-1 84 of the Land Development Regulations states that building height limitations shall not apply to such architectural features not used for human occupancy. Therefore, the actual building height will remain at 28 feet. 2 Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 The tower will feature a standing-seam metal roof, deco outrigger brackets, stucco score lines, and 12-inch flat stucco bands. The tower will be constructed of materials and colors similar to those found in the existing building, which has dark and light taupe colors. The standing-seam metal roof will be a green color to match the existing building awnings, which are a “Hemlock Green Tweed.” Signage Flatmall Sims The existing principal tenant sign on the west building elevation is proposed to be relocated to the northwest side of the new tower, and one additional principal tenant sign is proposed on the southwest side of the tower in order to provide visibility to motorists traveling both north and south on Interstate 95. The additional sign will require approval of a waiver because the number of signs exceeds the one principal tenant sign allowed by City Code. The two proposed signs will have 20-inch high letters, two lines of copy, and a sign area measuring 54 inches high by 20 feet long, for a total area of 90 square feet for each sign. The font will be New Times Roman, and the color will be bronze to match the existing signage. The existing principal tenant sign on the east building elevation facing Riverside Drive will remain unchanged. Monument Sims The project was approved for a monument sign that was setback approximately 60 feet from the Riverside Drive right-of-way. The previously approved monument sign was never constructed and the applicant has requested to relocate the sign closer to the right-of-way. The proposed monument will cause the relocation of one existing oak tree. The proposed location requires a waiver from the minimum 15-foot setback required by Code (please see waiver section). Landscaping The original approved landscape plan provided 4,429 landscape points. Several palm trees and shrubs will be relocated on-site, to the satisfaction of the City Forester, in order to accommodate the new tower element, but no landscape points will be lost. Furthermore, the minimum required open space of 28% will remain unchanged. Parking The previously approved site plan provided 87 parking spaces. The original parking requirements were based on the site operating as an industrial use. The parking requirements for the industrial use were one (1) space per 1,000 square feet, plus one (1) space per employee. The applicant has requested that the parking requirements be modified to reflect the actual use that is currently operating in the building today. The applicant states that Decorator’s Unlimited is functioning as a general wholesale use with ancillary office use. The applicant has provided sufficient information to justify the change of use to staff. The parking requirements for general wholesale uses are one (1) space per 2,000 square feet of wholesale plus one (1) space per 250 square feet of an ancillary office. Thus, the proposed site plan provides 72 spaces and is consistent with the City’s parking requirements. Because the architectural tower element is not designed for human occupancy, no additional parking spaces will be required. 3 Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 With this request, the applicant is requesting approval of minor site plan modifications to the parking area in order to incorporate a truck maneuvering apron into the design of the parking lot, while maintaining the minimum open space requirement. Waivers Number of igns to be setback feet from the Proposed - Relocate an existing principal tenant sign to the northwest side of tower. - Display one additional principal tenant wall sign on the southwest side of tower. - 11 feet Waiver To allow one additional sign to be displayed on the southwest side of tower. 4 feet (1) Denial (2) Approval WAIVER CRITERIA: Section 78-158 (i). Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below (staffs recommendations are in italics). 1. The request is consistent with the city's comprehensive plan. The subject request does not interfere with any comprehensive plan policies. 2. The request is consistent with the purpose and intent of this section. Staf believes the waiver request for the additional principal tenant sign located on the tower feature is inconsistent with the purpose and intent of City Code Section 78-158(a). Section 78-158(a) states, ". . . to propose residential and non-residential projects that are innovative, creative, and utilize planning, design and architectural concepts that will be a benefit to the City. " Stafstrongly believes that the proposed tower feature is not an architectural benefit to the City andsewes no otherpurpose 4 Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 other than to advertise the name of the business and is reminiscent of a two-sided billboard. As the Council may recall, the City and Clear Channel Communications worked extremely hard to come to an agreement to reduce the number of billboards within the City to improve the aesthetics of the I-95 corridor and reduce visual clutter. 3. The request is in support of and furthers the city’s goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. Stafbelieves the waiver to incorporate signage on the proposed tower feature of the building would result in visual clutter adjacent to the Interstate 95 roadway and detractfiom the architectural merits of the tower. Furthermore, the applicant is onlyproposing a towerfeature on the rear of the structure and does notpropose to enhance the faqade of thefiont of the building. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The Applicant is requesting approval of two waivers with this petition. The existing development had several non-conformities as a result of minor modiJcations to the site and landscape plans over the years that did not receive City approval. By way of this petition, the City and the applicant have worked together to reduce the non-conformities on-site and improve the finction of the site plan for truck trafic to move efectively around the building to the loading areas. However, it is stafs professional opinion that the development as a whole does not exceed enough of the minimum requirements to merit approval of additional waivers for the site. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. It is stafs professional opinion that the waiver requested for the proposed tower feature is not a direct result of innovative design, but merely a request to add additional signage for the building. In addition, the proposed tower feature is the only treatment the applicant proposes to the building. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. The subject request will not result in the degradation of any environmentally-sensitive land, drainage and recharge areas, and coastal areas. 7. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. It is stars professional opinion that the waiver request for additional signage on the proposed tower feature does not clearly demonstrate a public benejit. Stafevaluates signage waivers based upon the purpose and intent of signage, as defined in City Code Section 78-2 71. Section 78-2 71 states, “The purpose of this division is to create a legalpamework for a comprehensive and balanced system of signage to facilitate an easy andpleasant communication between people and their environment and to avoid the visual clutter that is potentially harmfil ... ’’ The applicant has stated to stafthat the proposed sign would serve as a means of way-jinding to motorists driving along I-95. Stafbelieves that the requested waiver does not serve as a means of way-finding to vehicular trafic since there is not direct access to the site via I-95. Furthermore, the proposed signage on the tower is visual clutter and could set a precedent for similar signage requests in the City. 5 Date Prepared: May 12,2008 Meeting Date: November 6,2008 Resolution 95,2008 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The applicant does not propose any reductions to the bufsers from the original site plan approval. 9. The request is not based solely or predominantly on economic reasons. The applicant has not stated that the request is based solely or predominantly on economic reasons. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The applicant does not propose any changes to the land use or zoning which would result in incompatibility to the surrounding areas. 1 1. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. It is stars professional opinion that the waiver request for signage on the proposed tower feature is not an innovative architectural concept that will bene$t the City. Stafs believes that the proposed waiver for the signage on the tower feature is not to enhance the building, but to serve as a means of additional advertising for the business and is not consistent with the purpose and intent for waivers to the planned unit developments or the City’s sign code. (1) Applicant’s Justification - “At the time the site was originally developed and until around 2005, the building was clearly visible from Interstate 95. This visibility was one of the primary factors for the applicant’s decision to purchase the property and was a major determining factor in the valuation of the parcel. The applicant has had a sign reading “Decorators Unlimited” facing the 1-95 right-of-way for over 10 years. However, with the recent widening and reconstruction of 1-95, the site has lost all visibility from the highway and now sits in a “hole” with respect to the height of the adjacent roadway.” “The loss of visibility from 1-95 significantly damages the value of the property and presents an undue burden on the property owner whose business now has no identification along its primary frontage. Accordingly, the property owner is compelled to make a substantial investment in the property to construct improvements that will recapture the lost visibility along the Interstate.” “The proposed additional sign allows for the tower feature to be lower in height and proportional to the building. If the tower feature included only one sign at a 90-degree angle to the building, it would need to be taller to capture the line of sight of vehicles traveling past the site in the southbound direction at 55+ miles per hour. From a design standpoint, the angling of the tower and request for one sign on each faqade facing 1-95 allows the tower to be lower and more proportionate to the building.” (Please see applicant’s “Project Narrative” attached.) Staff Analysis - Staff recommends denial of the previously-approved principal tenant sign on the west elevation being relocated to the top of the new tower element. Furthermore, staff does not support a second sign to be displayed on the tower. Because both of the proposed signs will be displayed on the tower at 90-degree right angles, they will be visible at the same time, or from one vantage point, on Interstate 95. This will give the appearance of a much larger 180-square-foot sign, which is double the 90 maximum square feet allowed by City Code. The applicant has submitted photographs of other buildings along 1-95 that have signs on two or more facades. Although the examples submitted are somewhat similar to those proposed with this 6 Date Prepared: May 12,2008 Meating Date: November 6,2008 Resolution 95,2008 application, none is actually located on a small tower feature. In staff‘s professional qinion, the display of more than one sign for the same tenant on multiple elevations, which are visible at the same time, is redundant and unnecessary, and is intended only to increase the impact of the message or name. This constitutes a form of advertising instead of a means of wayfinding to the building. The fact that such signs may have been approved in the past should not be considered a basis for additional approvals. Staff does not support this waiver request. (2) Amlicant’s Justification: “The approved location is infeasible based on a lack of visibility hm the right-of-way to the sign due to (1) the sign location’s approximately 60-foot distance fiom the slreet aod, (2) the existence of a substantial amount of mature vegetation along the Riverside Drive hntage of the property. Further, the approved monument sign location conflicts with existing FPL Wties and an FPL easement that services the property.” Staff Analysis: Staff recommends approval of the requested waiver and believes the Applicant has demonstrated adequate justification to support the waiver. Staffhas met with the Applicant on-site and has determined that the proposed location of the monument sign is the minimum necessary to allow adequate visibility to passer-bys for the sign. PLANNING, ZONING AND APPEALS BOARD (PZAB) On September 9,2008 the PZAB voted 7-0 in favor of recormnending approval of the subject @tion to City council. STAFF RECOMMENDATION 1) Staff reco-ds DENIAL of the request to display one additional wall sign on the tower and to relocate the existing principal tenant sign to the tower because the signs would be visible at one time or from a particular vantage point, thus giving the appearawe of a sign at least twice the minimum 90 square feet allowed by City Code. (2) Staff recommends APPROVAL of the waiver to allow for the non-residential monument sign with the conditions of approval contained within Resolution 95,2008. 7 THE DECORATORS UNLIMITED ARCHITECTURAL TOWER FEATURE PROTECT NARRATIVE April 9, 2008 PROIECT SIZE & LOCATION The subject site is comprised of approximately 3.01 acres and is located at 4700 Riverside Drive within the Northcorp Center Planned Community Development (PCD). The property is situated on the west side of Riverside Drive with prime frontage along the east side of Interstate 95. BACKGROUND INFORMATION The subject property is located within the Planned Community District (PCD) zoning district and has a Future Land Use designation of Industrial (I). The site is currently developed with a 55,000 square foot two-story warehouse/office building which is the corporate headquarters of The Decorators Unlimited. The Decorators Unlimited, a premier, high-end design firm specializing in the creation of award-winning, luxury interiors, has occupied the site since development of the parcel in 1996. At the time the site was originally developed and continuing until around 2005, the building was clearly visible from Interstate 95. This visibility was one of the primary factors for the applicant’s decision to purchase the property and was a major determining factor in the valuation of the parcel. The applicant has had a sign reading “Decorators Unlimited” facing the 1-95 right-of-way for over 10 years. However, with the recent widening and reconstruction of 1-95, the site has lost all visibility from the highway and now sits in a ”hole” with respect to the height of the adjacent roadway. To determine the exact elevations of both the building and the 1-95 wall, the applicant engaged the services of Lidberg Land Surveying to conduct a topographic survey of the improvements. Accordingly, it was determined that the top of the building parapet is at Elevation 44.17 NGVD (approximately 28 feet above the ground). The top of the 1-95 wall ranges from Elevation 44.41 NGVD (approximately 28.5 feet above ground level) at the south side of the site to Elevation 40.64 NGVD (approximately 25 feet above the ground) at the north property line. At best, the top of the parapet wall is only three (3) feet higher than the top of the 1-95 wall nearest the north proNm live. &€owever, due < I The Decorators Unlimited Project Narrative April 9,2008 Page 2 to the height of the wall above the highway surface, the visible sightline of the building from passersby is completely eliminated. The loss of visibility from 1-95 significantly damages the value of the property and presents an undue burden on the property owner whose business now has no identification along its primary frontage. Accordingly, the property owner is compelled to make a substantial investment in the property to construct improvements that will recapture the lost visibility along the interstate. PROPOSED IMPROVEMENTS This petition is for approval of an amendment to the building plans to include an architectural tower feature on the west elevation that will enhance the aesthetic qualities of the structure while providing visibility from Interstate 95. The proposed tower feature has been designed to be complementary to the architectural style of the building. The tower will be constructed using materials similar to those already found in the building architecture and is color coordinated with the existing building. The walls of the tower will incorporate the tan and taupe colors of the building, and the standing seam metal roof feature will be green in color to match the existing building awnings. As mentioned above, the key to recapturing visibility from 1-95 is to look at the line of sight from the highway surface on the approach to the building from both directions, as well as directly adjacent to the building in both directions of travel. Preliminary concepts for the subject building improvements contemplated a tower that contained the signage that was parallel to the roadway. However, due to the height of the wall between the northbound and southbound lanes of travel directly adjacent to the building, the aforementioned concept produced a tower that was excessively high and would be disproportionate to the two-story building. Therefore, in order to allow a reduction in the height of the tower from the original design, the architect has designed the tower feature so that the second tier of the structure is turned at a 45-degree angle to the highway. Signage, bronze in color to southbound traffic can be reestablished without the need for additional height. In fact, the applicant is confident that this design will be safer than building the tower at a 90- The Decorators Unlimited Project Narrative April 9,2008 Page 3 degree angle since drivers will not be forced to turn their heads sideways to see the sign while passing at 55-1- miles per hour. Such signage is consistent with other projects previously approved within the City along the Interstate 95 corridor including the G4S / Wackenhut Corporation, Doubletree Hotel and Embassy Suites. Each of these buildings, all of which are in the general vicinity of the subject property, has signage on dual frontages angled toward the interstate as exemplified in the following photographs: t G4S Wackenhut, 4200 Wackenhut Drive View porn Interstate 95 1 The Decorators Unlimited Project Narrative April 9,2008 Page 4 DoubleTree Hotel, 4431 PGA Boulevard View from PGA Boulevard Although not visible in this photograph, the Doubletree Hotel has signage on all four sides of the tower, three of which are visible from Interstate 95. The Decorators Unlimited Project Narrative April 9,2008 Page 5 Embassy Suites, 4350 PGA Boulevard View from Interstate 95 REOUESTED WAIVERS Identification of Requested Waivers The following is a list of waivers that are requested for the project with a justification for each requested waiver following in italics typeface: 1. The applicant is requesting a waiver from LDR Section 78-285 Table 24 Permanent Signs to allow one (1) additional principal tenant identification sign. The project currently has one (1) principal tenant identzjication sign along the Riverside Drive frontage and one (1) principal tenant identzjication sign along the 1-95 frontage. The ~-~ --__ The Decorators Unlimited Project Narrative April 9,2008 Page 6 principal tenant identifcation sign along the I-95frontage will be moved to the new tower feature facing southbound trafic. The applicant is requesting approval of one (1) additional principal tenant identification sign along the I-95frontage that will be placed on the new tower feature facing northbound trafic. The proposed additional sign allows for the tower feature to be lower in height and proportional to the building. If the tower feature included only one sign at a 90-akgree angle to the building, it would need to be taller to capture the line of sight of vehicles traveling past the site in the southbound direction at 55+ miles per hour. From a design standpoint, the angling of the tower and request for one (1) sign on each fqade facing 1-95 allows the tower to be lower and more proportionate to the building. From a safety perspective, the angling of the tower and request for one (1) sign on each facade facing 1-95 increases visibility of the project porn a distance so that drivers will not be distracted while passing by the site at 55+ miles per hour. The applicant respectfully requests a waiverfiom Sec. 78-285 Table 24: Permanent Signs to allow fir an additional principal tenant identification sign on the west elevation (tower feature) of the building to improve building aesthetics and increase visibility for safety purposes. CLOSING The applicant has been unduly burdened with the recent construction of the Interstate 95 wall in the fact that it has lost all visibility to its signage and visibility along the interstate. Visibility and signage were the primary reasons for purchasing and developing the property and locating the applicant’s business to this location. The applicant is willing to expend considerable resources in order to upgrade the aesthetics of the building while bringing back the visibility that it expected to keep in perpetuity during the initial development of the property. Accordingly, the applicant respectfully requests approval of the subject petition. Date Prepared: September 29,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 95,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE SITE AND SIGN PLAN APPROVED FOR LOT 2 OF SOUTH PARK CENTER (A.K.A. DECORATOR'S UNLIMITED); PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on January 18, 1990, the City Council adopted Ordinance 1, 1990, thereby approving the NorthCorp Center Planned Community Development (PCD); and WHEREAS, on March 21, 1996, the City Council adopted Resolution 48, 1996, thereby approving the construction of a one-story, 47,000-square-foot building located on Lot 2 of South Park Center Plat; and WHEREAS, on April 18, 1996, the City Council adopted Resolution 68, 1996, thereby amending the site plan for Lot 2 of South Park Center Plat to allow for the construction of a one-story, 45,309-square-foot building; and WHEREAS, on February 6, 1997, the City Council adopted Resolution 2, 1997, thereby amending the master site plan and sign plan for Lot 2 of South Park Center to allow for modifications to the ground signs, wall signs, and the addition of two directional signs; and WHEREAS, the City has received a request (MISC-08-04-000042) from Mr. Ryan Johnston, on behalf of South Park Center LTD for approval of an amendment to Lot 2 of South Park Center (a.k.a. Decorator's Unlimited) within NorthCorp Center PCD to allow for the addition of an ornamental tower element on the west elevation with two wall signs and minor modifications to the site and landscape plans; and WHEREAS, the subject site is zoned Planned Community Development (PCD) with a Research & Light Industrial Park (Ml) underlying zoning designation. The future land-use designation of the site is Industrial (I); and WHEREAS, the Growth Management Department has reviewed the application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its September 9,2008, meeting and recommended 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 Date Prepared: September 29,2008 Resolution 95,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The miscellaneous application submitted by Ryan Johnston, on behalf of South Park Center 11, LTD is hereby APPROVED on the following described real property to allow the addition of an ornamental tower element on the west elevation with two signs and minor modifications to the site and landscape plans with three conditions of approval provided herein: LEGAL DESCRIPTION: LOT 2 OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. This approval is subject to the following conditions, which shall be binding on the Applicant, its successors, or assigns: 1. The Oak tree indicated on the plan as being relocated to make room for the monument sign shall not be moved unless a permit is obtained for the ground sign. (Planning & Zoning) 2. Within 90 days from the date of approval, the Applicant shall complete the changes as indicated on the site plan to restore the open space. (Planning & Zoning) 3. Upon completion of the installation of the monument sign, no removal of existing landscaping near the sign shall be permitted. (City Forester) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two (2) waivers: 1. Section 78-285, Permitted signs, to allow one additional principal tenant sign to be displayed on the southwest side of the tower. 2. Section 78-285, Permanent signs, to allow an 1 l-foot setback from the right- of-way for the monument sign. SECTION 5. This Amendment to Lot 2 of South Park Center (a.k.a. Decorator's Unlimited) within the NorthCorp Center PCD to allow for the addition of an ornamental 2 Date Prepared: September 29,2008 Resolution 95,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 tower element on the west elevation, including two wall signs on the tower element and minor modifications to the site and landscape plans is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof as follows: 1. Decorator’s Unlimited Proposed Tower Feature, Sheets A-1 through A-4, by Architectural Design Group, dated May 1, 2008, and received by the City September 2,2008. 2. Decorator’s Unlimited Site and Landscape Plans, Sheets 1 through 3, by Cotleur & Hearing, revised July 21, 2008. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant‘s agents at any workshop or public hearing. SECTION 7. Any and all future amendments to the Decorators Unlimited Site Plan shall be approved by resolution of the City Council, except as otherwise provided in the City of Palm Beach Gardens Code of Ordinances. SECTION 8. This approval shall be subject to and consistent with all previous approvals, if any, except as modified herein. SECTION 9. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: September 29, 2008 Resolution 95, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER RUSSO COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO AYE NAY ABSENT G:\attorney~share\RESOLUTlONSPOO8Uecorators unlimited - site plan amend - reso 95-2008.doc 4 Ilb- '. b h /I d 4 I F n < r- e - L If I3 I i k rl I f I DECORATOR'S UNLIMITED I PROPOSE0 TOWER FEATURE -. t P. c c I I f 11 lr ! I I I I 1 I I I I I I I I I I I I I I I 1 I I I I I I I I L 'I 'I I L-L . .- .- ,-- I fc n L n tf T -P B 2 IIY I 3 I P E b DECORLATOR'S UNLIMITED PROPOSED TOWER FEATURE LOT a2 - 8OUTWARK PALM BEACH QARDENS, FLORIDA P a 0 I r-i II II II II I1 II II II . I . DECORAT S UNLIMITED &-.-.a hC PROPOSE0 TOWER FEATURE PALM BEACH QARDENS, FLORlOA LOT 42 - SOUTWPARK J-uu y..lll ---I --- IIUCIY RLuLJ.-- I I r------ I ,J 'T I I 't I: I DECORATOR'S UNLIMITED PROPOICD TOWER FEATURE LOT .4 - SOUTWARK PALM BEACH @ARDEN$, CLORlDA ii. i W I h W 9 5 W \ a 4 4 P \a 3 I I VI II a I f ?i f I I I I I I § OI RESOLUTION 2,1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE SITE AND SIGN PLAN APPROVED FOR SOUTH PARK CENTER, LOT 2; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application to amend the Site and Sign Plan, approved by Resolution 148,1996, and subsequently amended by Resolution 68,1996, for South Park Center, Lot 2 within the NorthCorp Planned Community District; and WHEREAS, the City‘s Planning and Zoning Department has determined that said amendment 1s consistent with the City’s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to the site plan for South Park Center, Lot 2, located within the NorthCorp Planned Community District, to include changes to the ground signs, wall signs, and the addition of two directional signs. SECTION 2, Said amendment shall be consistent with plans filed with the City’s Planning and Zoning Department as follows: 1. -. 3 3. February 3. 1997, Directional Sign Elevations. Sign Craft. February 3, 1997, West Elevation Flawall Sign, Sign Craft. February 3. 1997, Monument Ground Sign Elevation. Sign Craft. SECTION 3 Said amendment shall comply with the following condition: 1. The proposed sign color shall be “Matthews Dark Bronze 4 1-3 13.” SECTION 4. This Resolution shall be effective upon adoption. d 4 INTRODUCED, PASSED AND ADOPTED THIS 6 DAY OF-$&&$!k97. /: .‘ *, / a, I ATTEST: LINDA V KOSIER, CMC, CITY CLERK APP6OVED AS TO LEGAL FORM AND SUFFICIENCY AYE NAY ABSENT - VOTE: MAYOR RUSSO VICE MAYOR FVRTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK LI- --- I / J --- -- --- 1- --- Resolution 2,1997 Page April 11, 1996 RESOLUTION 68,1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE APPROVED SITE PLAN FOR LOT 2 OF SOUTH PARK CENTER PLAT WK" THE NORTHCORP CENTER PCD WHEREAS, the City has received an application to amend the Site Plan approved by Resolution 48, 1996 for a one-story, 47,000 square foot building located on Lot 2, consisting of 3 009 acres and 0.1506 acres of Lot 3, of South Park Center Plat within the NorthCorp Planned Community District; and WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and WHEREAS, the revised Site Plan is consistent with the City's Land Development ReguIat ions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SECTION 1. Tke City Council of the City of Palm Beach Gardens, Florida, approves a Site Plan for construction of a one-story, 45,309 square-foot building located on Lot 2 of South Park Center Plat within the NorthCorp Planned Community District SECTION 2. Said construction shall be consistent with plans on file with the City's Planning and Zoning Department as follows. 1. 2 3 4 5. 6 7. 8. April 11, 1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet April 11, 1996 Planting Plan LA-1 by Junson, Inc 1 Sheet April 11, 1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet April 9, 1996 Exterior Elevations 1 by Architectural Design Associates 1 Sheet. November 29, 1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet September 18, 1995 Electrical Site Plan E- 1 by Electrical Design and Engineering, Inc. 1 Sheet. September 25, 1995 Site Plan A, B and C by Sign Craft 3 Sheets August 14, 1995 Replat by Lidberg Land Surveying, Inc 1 Sheet SECTION 3. The Site Plan herein granted shall comply with the following conditions: 1. 2 3 4. 5. 6 7 8 9 10. The construction of Riverside Drive (a k a. West Park Drive) as a two-lane section as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersection of Burns Road and Riverside Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy. The construction of the extension of NorthCorp Parkway in a two-lane section easterly to its proposed terminus at East Park Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy Existing FP&L easements shall be abandoned and replaced with a 10-foot Utility Easement adjacent to the property line and on the property, not to be encumbered with landscaping, prior to the issuance of any building permits on Lot 2 The lighting of the parking lot pavement shall provide a minimum maintained horizontal foot candles of 0 6 and an average overall of 1.0 in the general parking and pedestrian areas, certif ed to by the engineer-of-record as bemg provided by the lighting plan, prior to the issuance of any building permits Prior to the issuance of the certificate of occupancy, the developer shall coordinate with the Police Department on the acceptability of the placement of landscaping in proximity to the lighting. The Construction Plans for Lot 2 shalt provide one-Mf inch of on-site dry pretreatment prior to discharge into the master surface water management system by the use of an underground dtration trench system The tratlic impact fees generated by the development of Lot 2 shall be designated by the Building Official to be placed in Palm Beach County's account for the widening of Burns Road. All roof-mounted equipment shall be screened line of sight, fiom the ground using materials compatible with the buitdmgs Items on the roof shall not exceed 5'-6" in height fiom the roof line Ground equipment shall be screened with like landscaping required around the dumpster enclosure as depicted on the petitioner's site plan Ofice space use shall be limited to 25 percent of the 45,309 square-foot industrial building. With any major change of occupancy, the property owner shall provide evidence that this item is in compliance for the entire building prior to issuance of a Certificate of Occupancy. A drainage easement, to dedicate and establish maintenance responsibility for the existing stom drainage outfall pipe south of the north property line, shall be prepared, reviewed by the City Engineer, and recorded prior to the issuance of the first building permit for the project In addition, Assistant City Engineer Lynnette Lanning recommends the following conditions 11. The inlet ai the north entrance of the project on West Park Drive shall be detailed on construction plans. 12 The loading area on the south side of the building is to be used only by small delivery trucks less than 25' in length. 13 The construction plans will need to show Type "D" curb as "typical" around larkape areas per LDR 153.17(c). 14. The construction plans shall indicate correct dimensions, alignment and striping of the adjacent roadway, West Park Drive 15. The constniction pIans shall indicate 5' interior sidewalks. 16. The constniction plans shall address water quality for the stormwater that will collect in the truckwells 17 Final construction plans shall show the limits of the swale area. The swale area cannot conflict with the landscape plans. 18 Strike preserve area SECTION 4. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS &%IF ATTEST: 1' LINDA V. KOSER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL, SUFFICIENCY VOTE AYE! NAY ABSENT c/ L MAYOR RUSSO --- VICE MAYOR FURTADO --- COUNCILWOMAN MOMROE J J COUNCILMAN JABLIN _I__-- J COUNCILMAN CLARK --- RESOLUTION 48,1996 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE BUILDING LOCATED ON LOT 2 OF SOUTH PARK CENTER PLAT WIT” THE NORTHCORP CENTER PCD. PLAN FOR THE CONSTRUCTION OF A ONE-STORY, WHEREAS, the City has received an application for approval of a Site Plan for a one- story, 47,000 square foot building located on Lot 2 of South Park Center Plat withim the NorthCorp Planned Community District; and WHEREAS, the City’s Planning and Zoning Department has determined that said approval is consistent with the City’s Comprehensive Plan; and WHEREAS, the City’s Planning and Zoning Department has further determined that said Site Plan is consistent with the City’s Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves a Site Plan for construction of a one-story, 47,000 square foot building located on Lot 2 of South Park Center Plat within the NorthCorp Planned Community District. SECTION 2. Said construction shall be consistent with plans on file with the City’s 1. March 13, 1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet. 2. February 12,1996 Planting Plan LA-1 by Junson, hc. 1 Sheet. 3. February 12,1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet. 4. March 15,1996 Exterior Elevations 1 by Architectural Design Associates. 5. November 29,1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet. 6. September 18, 1995 Electrical Site Plan E-1 by Electrical Design and Engineering, 7. September 25,1995 Site Plan A, B and C by Sign Craft. 3 Sheets. 8. February 16,1996 Replat by Lidberg Land Surveying, hc. 1 Sheet. Planning and Zoning Department as follows: 1 Sheet. Inc. 1 Sheet. SECTION 3. The Site Plan herein granted shall comply with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The construction of Riverside Drive (a.k.a. West Park Drive) as a two-lane section as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersection of Burns Road and Riverside Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy. The construction of the extension of NorthCorp Parkway in a two-lane section easterly to its proposed terminus at East Park Drive shall be completed and opened to the public prior to the issuance of any certificates of occupancy. Existing FP&L easements shall be abandoned and replaced with a 1 0-foot Utility Easement adjacent to the property line and on the property, not to be encumbered with landscaping, prior to the issuance of any building permits on Lot 2. The lighting of the parking lot pavement shall provide a minimum maintained horizontal foot candles of 0.6 and an average overall of 1.0 in the general parking and pedestrian areas, certified to by the engineer-of-record as being provided by the lighting plan, prior to the issuance of any building permits. Prior to the issuance of the certificate of occupancy, the developer shall coordinate with the Police Department on the acceptability of the placement of landscaping in proximity to the lighting, The Construction Plans for Lot 2 shall provide one-half inch of on-site dry pretreatment prior to discharge into the master surf'ace water management system by the use of an underground exfltration trench system. The trac impact fees generated by the development of Lot 2 shall be designated by the Building Official to be placed in Palm Beach County's account for the widening of Burns Road. All roof-mounted equipment shall be screened Iine of sight, from the ground using materials compatible with the buildings. Items on the roof shall not exceed 5'-6" in height from the roof line. Ground equipment shall be screened with like landscaping required around the dumpster enclosure as depicted on the petitioner's site plan. Office space use shall be limited to1 1 8 750 square feet of the total building. With any major change of occupancy, the property owner shall provide evidence that this item is in compliance for the mtire building prior to issuance of a Certificate of occupancy. A drainage easement, to dedicate and establish maintenance responsibility for the 11. 12. 13. existing storm drainage outfall pipe south of the north property line, shall be prepared, reviewed by the City Engineer, and recorded prior to the issuance of the first building permit for the project. A replat of Lots 2 and 3, showing 14.5 feet of Lot 3 added to Lot 2, shall be approved by Counciland recorded piror to the issuance of any building permits for Lot 2. The petitioner shall save the native vegetation along the southern buffer. Prior to the issuance of the clearing permit, the petitioner shall meet with the City Forester to designate the protected areas and tag the trees to be relocated per City code. Prior to the issuance of the building permit, the landscaping plans shall be modified to reflect the minor change to the west building foundation plantings due to two proposed sidewalks reflected on the site plan. No net loss of plant material shall occur. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS $/ L ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY. VOTE: AYE NAY ABSENT r/ MAYOR RUSSO --- VICE MAYOR FURTADO r/-- COUNCILWOMAN MONROE I/ r/ COUNCILMAN JABLIN -- r/ COUNCILMAN CLARK --- J L January 18, 1990 ORDINANCE 1, 1990 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING COMPRISING THE PLATS OF NORTHCORP CENTER, RCA BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK CENTER (THE ENTIRE LANDS COMPRISING THE FORMER RCA SITE) ; AND, PROVIDING THAT SUBSEQUENT APPROVALS SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION OF NOTICE BEING REQUIRED; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. FLORIDA, AMENDING THE CURRENT ZONING FROM M-I, WITH UNDERLYING ZONING OF M-1, ON ALL LANDS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA: Section 1. The Zoning upon the lands known as "The Former RCA Site" located within the City of Palm Beach Gardens, Florida, and more particularly descrlbed fn Exhibit "A" attached hereto and made a part hereof Is hereby amended from M-1, Research and Light Industrial Park District, to PCD. The underlying zoning shall be and the same Is hereby designated as that set forth in the M-I, Research and Light Industrial Park District, City of Palm Beach Gardens Zoning Code. Sectlon 2. Attached hereto as Composite Exhibit ItBw and made a part hereof are plats prepared by Hutcheon Engineers as follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center: Plat of West Park Center and Plat of South Park Center. The PCD consisting of the aforesaid described plats (Former RCA Site) heretofore approved by the City, shall be developed in accordance with the satd plats, the Development Orders and Conditions of approval entered and approved by the City on January 18, 1990. Further, each lot within the foregolng plats is hereby designated as a Planned Unit Development and the lndlviduals Planned Unit Developments are hereby created. Section 3. Impact fees shall be patd by the developers of the individual Planned Unit Developments as set forth in any appli-' cable ordinance, law rule or regulation of any governmental body wlth jurisdiction over the property development. Section 4. Development of the individual Planned Unit Devlopments within the Planned Cmunlty District shall proceed in accordance with the said Development Orders and Conditions of Approval of January 18, 1990 attached to the Plat of West Park Center and the Plat of South Park Center; and the general conditions as hereinafter setforth: 1. Maximum floor area ratio (FAR) on the overall PCD project shall not exceed 38%. 2. Minimum front yard setback for all buildings shall be: A. 25' for a one (1) or two (2) story, or 25' hfgh struc- ture. B. An additional one (1) foot setback for each three (3) additional feet of building height above 25'. 3. Height restrictions: Lots 4 & 13 Lots 1 & 2 Northcorp Center S te & Lots 5, 6, 7, 8, 9, 10, 11 (South Park Center) Lot 1 (West Park Center) & Lots 1, 2, 3 (South Park Center Lot 12 (South Park Center) (South Park Center) (RCA Blvd. Center) 4. Minimum Open Space* requirements: - Stories Open Space 6 stories 8 stories 10 stories 12 stories no development permi tted unless site is compatable to use of parcels 8,9, and 10, as approved by the City Councfl. 1-4 5 6 7 8 9 10 11 12 28.0% 28.5% 29.0% 29.5% 30.0% 31.25% 32 . 50% 33.75% 35.0% *Open Space is defined as living plant material, water, and landscaped plazas, as determined by the City Council. 5. -A. Antennas and microwave dishes shall be subjected to specific PUD review for screening. B. All roof-mounted equipment shall be totally screened. 6. The uses as outlined in Condition 21 shall be limited to 5% of the total approved square footage for the PCD and at any time during the development, no more than 10% shall be allowed. 7. No retail or cmercial on the first 250' north of Burns Road. -2- 8. A 30-foot wide landscape buffer along Burns Road with a berm average three feet in height and planting. 9, Lot coverage (structures) shall not exceed 40% of the slte area for a two (2) story building and shall be decreased by 2.5% for each additional floor of height above two stories (Example: 10 stories; 50 - 8 (2.5) = 20%). 10. A 7' pathway (east/west) along Burns Road, from 1-95 to Alternate A-1-A, shall be constructed or bonded by the property owner prior to final plat approval. 11. Traffic impact fees must be paid in accordance with the Palm 12. City Council, In conjunction with the Developer(s), shall Beach County Traffic Impact Ordinance. determine comnunity facilities impact fees and the timing of payment for: A. Recreation 6. Police C. Fire Property owner prior to the flrst building permit being issued within the PCD, shall pay $75,000 for comnunity impact, which amount shall be credited against any future police and fire impact fees assessed against any development within the PCD, 13. The Property Owner or successors must comply with the DER consent order, 14. Building floors will be protected from the 100 year - 3 day, zero discharge storm event. Roadways will be protected from the 10 year - 1 day storm event. Parking lots will be pro- tected from the 3 year - 1 day storm event. 15. Prior to the final surface water management calculations, applicant will provide the size and location of the culverts along Burns Road and 1-95, and provide for any off-site drai nage . 16. The stormwater run-off from RCA Boulevard will need to be directed into the on-slte stormwater management system in the final design. 17. The Off-site drainage ditches that serve the project will need to be cleaned of debris, vegetation, and backfill prior to issuance of the first building permit, on any parcel except the Northcorp Center site. 18. The existing corrugated aluminum weir (riser) will need to be replaced prior to issuance of the first building permit, on any parcel except the Northcorp Center site. retention area on the west side of the project if required 19. The littoral planting shall be installed along the water by S.F.WoM.D. 20. The Property Owner will continue a uniform streetscape con- tinuity along all R.O.W. A streetscapelbuffer plan for this PCD shall be presented to the City Council for approval by subsequent resolution prior to the issuance of approval of the first PUD. -3- 21. The following are uses allowed with the submission of each PUD, in addition to industrial and office and other M-1 uses: (Please see Condi tion 6 for clari ty) 1. Retail: Wear1 ng Apparel Toys Sundries Jewel ry Came r a / P h o to s F1 ori st Gift Shop Delicatessen Bakery Off i ce Equ 1 pmen t Food and Drug Sales (each food or drug store shall be limited to a maximum of 5,000 sq. ft.) 2. Service Establishments: Ba rbe r / Beauty Shop Shoe Repair Laundry/Dry C1 eaner Print Shop Travel AGency Employment Office Restaurant Health Club 30 Hotel/Motel - One allowed in the project, limited to a a maximum of 120 guest rooms or suites or combination of rooms and suites. 4. Art Gallary, Museum, Dance, Art or MUSIC Studio. 5. Retail sale of beer and wlne if in conjunction with restaurant or convenience store. 60 Day Care Center. 7. Bar/Liquor Store, when approved by Resolution of the City Council. 8. Laundromat 9. Car Wash 10. Fraternal Organization 11. Comnerctal Recreation including ancillary driving ranges. 22, Kahart Pinder's conditions from his letter dated 1-8-90, and recomnendation 1-18-90, as follows: I. Plats of West Park Center and Plats of South Park Center 1. The maximum trip generation for new construction approved in the Plat of West Park Center together with the development approved in the Plat of RCA Boulevard Center and in the Plat of South Park Center, shall not exceed six thousand sixty-three (6,063) daily trips, or nine hundred sixty-two (962) PM peak hour trips ("Maximum Daily Trips" and Waximum PM Peak Hour Trips", respectlvely). 2. Any applicant appearing before the Planning and Zoning Commission and the City Council shall provide a calculation of the daily and peak hour trips associated with the proposed project. A calculation of the daily and PM peak hour trips shall be undertaken utilizing the Institute of Transportation Englneers' (ITE) "Trip Generation", Fourth Edition. -4- 11. Plat of West Park Center Prior to the issuance of any building permit for any building for any land use in Lot 1, Plat of West Park Center, the construction contract shall have been let for the following road improvement and open to the public prlor to the issuance of any certificates of occupancy on said Lot 1: (a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of RCA Boulevard and Alternate A-1-A. 111. Plat of South Park Center Prior to the issuance of buildlng permits and/or cer- tificates of occupancy for any building on certain lots within the Plat of South Park Center as more fully detailed below, certain road Improvements shall be under contract and/or complete and open to the public as follows: (a) Prior to the issuance of any building permits for any land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract let for construction of West Park Drive as a two lane as well as single northbound, southbound, eastbound and westbound left-turn lanes at the intersectlon of Burns Road with Riverside Drive/West Park Drive. (b) Prior to the issuance of any building permits for any land uses on Lots 7, 8, or 9, the Contract let for construction of the extension of NorthCorp Parkway in a two lane section easterly to its proposed terminus at East Park Drive. These improvements shall be complete and open to the public prior to the issuance of any certificates of occupancy for land uses on the foregoing Lots 7, 8, and 9. (c) Prior to the issuance of any building permits for any land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the Contract let for construction of East Park Drive in a two lane section including one additional westbound right-turn lane as well as single eastbound and southbound left-turn lanes at the intersection of Burns Road and East Park Drive. These improvements shall be complete and open to the public prior to Issuance of any certificates of occupancy for land uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or 13. (d) Prior to the issuance of any building permits or series of building permits for any land uses generating more than three thousand, five hundred sixty-nine (3,569) daily trips or five hundred slxty-six (566) PM peak hour trips for any uses on the presently undeveloped lots in the Plat of RCA Boulevard Center, the Plat of West Park Center and the Plat of South Park Center: Contract let for construction of one eastbound right-turn lane at the intersection of Burns Road and Alternate A-1-A, together with an extension of the storage lane for the single left-turn lane, and one westbound right- turn lane at the Intersection of Burns Road and Mi 1 i tary Trai 1 . These improvements shall be complete and open to the public prior to issuance of any certificates of occupancy for any land uses generating more than three thousand five hundred sixty-nlne (3,569) daily trips or five hundred sixty- six (566) PM peak hour trips from the undeveloped lots in the above referenced plats. -5- (e) Prior to the issuance of any building permits for any undeveloped lots in the Plat of South Park Center, the contract shall be let for installation of a traffic signal at the Burns Road and Riverside Drive/West Park Drive intersection including all appropriate pavement markings, signing, lighting and the like as approved by Palm Beach County, if warranted. IV. All parcels within the Plat of South Park Center, shall provide a signal warrant study to determine if signaliza- tion is required at the intersection of Burns Road with Riverside Drive/West Park Drive. The signal warrant study shall be based on a time frame coincident with the build- out of all development with the Plat of South Park Center, the Plat of West Park Center and the Plat of RCA Boulevard Center and shall include the total traffic generated by all previously approved projects in the Plat of RCA Boulevard Center, the Plat of West Park Center and the Plat of South Park Center as well as traffic generated by those approved projects included in the traffic study for these plats. Only the construction of the eastbound right-turn lanes at the Burns Road/Al ternate A-1-A intersection and the west- bound right-turn lane at the Burns Road/Military Trail intersection shall be considered off-site improvements. All other improvements are site related. Additional Right of Way Dedication In addition to the right-of-way dedicated on the PLAT of SOUTH PARK CENTER, the Developer, prior to plat recordation, shall dedicate such additional right-of-way as may be required for the reconstruction of the intersection of Burns Road with Alternate A-1-A generally described as a maximum of an additjonal 35 feet beginning at the intersection for a distance of 400 feet west of the intersection with a taper to 0 feet at a point approxima- tely 830 feet west of the intersection. Provided, however, once plans are approved for the intersection, should any right- of-way which is conveyed not be required for construction of the intersection, any excess land shall be imnediately reconveyed to the property owner or his successors and assigns. 23. Prior to the submittal of each PUD application the Petitioner or agent will meet on site with the City Forester to review the site conditions which the City forester wishes to be addressed in the site plan. 24, Site Plan Review/PUD - No land clearing or tree removal be allowed without written approval of the City Forester. In addition, pursuant to the PCD Plan, the owners of the properties may designate and develop areas not subject to PUD review and approval, only upon field inspection and written approval of the City Forester. As part of the application for each PUD approval, the following shall be submitted: (a) Tree survey and tree analysis prepared by a registered landscape architect or similarly qualified professional, which for trees with a caliber of three inches or more describes type of tree, location, caliber, and whether it wi 11 be removed, replaced, or re1 ocated. (b) All existing Oak trees with a caliber of eight inches or greater will be preserved and protected during constructton. -6- 25. The Property Owner agrees and is obligated to include or cause to be included the property ("Property") in any unit of develop- ment, special district, comnunity development district or local unit of special purpose government created by a duly constituted governmental entity (5peclal District") for the purpose of planni ng , es tab1 5 shi ng , acqui ring, constructing , recons tructi ng , enlarging, extending, equlpping, operating, or maintaining water management or roads and associated facilities, benefiting the Property and all or part of the City of Palm Beach Gardens, Florida; provided, however, that all assessments for such facilities shall be imposed on a uniform basis applied pro-rata to all property benefited by the Special District (lee., acre by acre or residence by residence) and shall be determined in accordance with the applicable laws, ordinances, rules and regu- lations of the State of Florida, County of Palm Beach and the City of Palm Beach Gardens. Provided further, that upon creation of any Special Distrlct it must be demonstrated by the Special Distrlct that direct benefit is accrued to the Property and the direct benefit to the Property as determined by the Circuit Court of Palm Beach County, Florida, and any costs incurred by the Property by reason of other sections of this requirements shall be credited to the Property by such Special District. The owners of the Property shall be given not less than 120 days prior written notice before formation of any Special Distrlct and shall be entitled to participate in all proceedings relating to the Special District including the right to appeal any determination of benefit to the Property. 26, Prior to recording a Final Plat, 50% of the Cost of construction of an at grade pedestrian crossing and signalization at the Comnunity Center on Burns Road, must be paid to the City. 27, A Helipad shall be a permitted use in this PCD. Section 5. Review of subsequent developments on the individual PUDs shall be by the City's Planning and Zoning Comnission and by the City Council, and approval shall be by Resolution. A Public Hearing and publication of notice in a newspaper of general circulation for the meetings on subsequent Resolutions shall not be required. Section 6. If any part or portion of this Ordinance shall be found t6 be invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and legal effect. Section 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. passage Section 8. This Ordinance shall be effective upon date of -7- PLACED ON FIRST READING THIS 4th DAY OF JANUARY, 1990. PLACED ON SECOND READING THIS 18th DAY OF JANUARY, 1990. PLACED AND AD 18th DAY OF JANUARY, 1990. ’ MAYOR JICE MAYOR ATTEST: JTZ I c.7, COUNC I LMAN / CITY CLERK -8- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Development Compliance N/A Bahareh Keshavarz, AICP Growth Manage Administrator Kara L. Irwin, AICP & Date Prepared: October 3,2006 Meeting Date: November 6,2008 Resolution 97,2008 Senior Planner 1x1 Quasi-Judicial [ ] Legislative [ 3 PublicHearing Advertised: Date: Paper: [XI Not Required SUBJECT/AGENDA ITEM ~ Approved By: Resolution 97,2008: St. Mark’s Episcopal Church - Special Event Application Consideration of Approval: A request by Wendy Dm, on behalf of St. Mark’s Episcopal Church, for approval by City Council to hold a fourth special event. The proposed school-sponsored special event will be a family movie night held at Robb Field directly across from the Church on the recreation field, which is generally located at the northwest corner of Burns Road and Gardens East Drive. Affected parties: [ 3 Notified [X 3 Not Required [XI Recommendation to APPROVE 1 Recommendation to DENY Originating Dept.: Growth Management: Richard J. Project FINANCE: NIA Costs: $N/A Total $- NIA- Current FY Funding Source: [ 3 Operating [XI Other NIA Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. wl conditions [ 3 Denied [ 3 Rec. approval [ 3 Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: Resolution 97,2008 Special Event Application 0 Special Event Sign-off Report Date Prepared: October 3,2008 Meeting Date: November 6,2008 Resolution 97,2008 EXECUTIVE SUMMARY A request by Wendy Dunn, on behalf of St. Mark’s Episcopal Church, for approval by City Council to hold a fourth special event. The proposed school-sponsored special event will be a family movie night held at Robb Field directly across from the Church on the recreation field on Friday, November 14,2008, from 6:OOPM - 10:OOPM. SPECIAL EVENT BACKGROUND On January 16, 2003, the City Council approved Ordinance 49,2002, which amended Section 78- 187 of the City Code, entitled “Special Events.” The amendment repealed Section 78-1 87, “Special Events,” of Chapter 78, “Land Development Regulations,” and adopted a new section 78-187, and amended Article VI11 Section 78-75 1, “Definitions.” This ordinance provides for an approval mechanism for any person, firm, group, corporation or institution wishing to promote, organize, control, manage, solicit, or induce participation in a special event, through a special event permit. SPECIAL EVENTS Per Section 78-1 87(d)(3)(a) of the Land Development Regulations, “Number per year,” no more than three special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the City Council following a recommendation by the Growth Management Director. Currently, the applicant is requesting approval for a fourth special event this calendar year. The applicant has held three other special events ranging from hot air balloons rides, movie night, and Easter activities. SPECIAL EVENT COMMITTEE The Special Event Committee has reviewed the special event application and has no foreseeable problems and/or concerns with the requested event at this time. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 97,2008. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 97,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOURTH SPECIAL EVENT APPLICATION AT ST. MARK'S EPISCOPAL CHURCH FOR A FAMILY MOVIE NIGHT TO BE HELD FRIDAY, NOVEMBER 14, 2008, FROM 6:OO P.M. UNTIL 1O:OO P.M., GENERALLY LOCATED ON THE NORTHWEST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, in accordance with Section 78-187 of the City of Palm Beach Gardens Code of Ordinances, no more than three special events every calendar year shall be held by any applicant at one location, unless otherwise approved by the city council following a recommendation by the growth management director; and WHEREAS, St. Mark's Episcopal Church has previously conducted three special events during calendar year 2008; and WHEREAS, Wendy Dunn, applicant for St. Mark's Episcopal Church, submitted an application (SPEV-08-09-000207) seeking approval of a fourth special event application, located at the northwest comer of Burns Road and Gardens East Drive; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The City Council hereby APPROVES and authorizes St. Mark's Episcopal Church to conduct a fourth special event at Robb Field, located at the northwest corner of Bums Road and Gardens East Drive. SECTION 3. This approval shall be consistent with the application, plans, and documents filed with the City's Growth Management Department and kept on file with the City, as follows: 1. Special Event Application, 16 pages. 46 2. Special Events Sign-off Report, I page. Date Prepared: October 3,2008 Date Prepared: October 3, 2008 Resolution 97, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 4. This approval hereby expressly incorporates and is conditioned upon all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO G:\attorney-share\RESOLUTlONSQOO8kpecial event - st marks episcopal church - reso 97 2008.doc w 2 Special Events Sign Off Report PALM BEACH GARDENS ASi@atut~City Begin Date: End Date: Permit #: SPEVeOS-09-000207 Fees Paid $0.00 Special Event: St. Marks familv movie niuht 11/14/08 from 6:00~m to 10:OODm Special Events Planner: I Exempt from fees I Date PARKS RECREATION BUILDING DIVISION FIRE/RESCUE DIVISION POLICE DEPARTMENT RISK MANAGEMENT CODE ENFORCEMENT PUBLIC WORKS APPROVALS Approved by MIKE KELLY 09/12/2008 Approved by CHARLOTTE PRESENSKY 09/12/2008 Approved by TAMES BROWN 09/26/2008 Approved by SCOIT FETTERMAN 09/12/2008 Approved by JACK SCHNUR 09/12/2008 Approved by GRACIE HUGHES 09/12/2008 Approved by DAVID REYES 09/12/2008 Approved by MICHAEL MORROW 09/12/2008 CONDITIONS GROWTH MANAGEMENT ADMIN: b@/b f Kara L. Irwin, AICP Sigriatylre Date --- P elm Begch Gardens Glryy) Management Department 1 Os00 North Militafy Trail, Palm Beach Gardens, FL 334 10 561-799-4230 Special Event Permit Apprication Palm Beach Gardens, Florida Growth Management Department PLANNING AND ZONING DIVISION SPECIAL EVENT PERMIT APPLICATION A. GENERAL INSTRUCTIONS AND SUBMITTAL REQUIREMENTS This application form identifies the minimum documents and information required to initiate the review of a special event permit. The applicant is cautioned to follow instructions carefully and note the necessary attachments that are required to be included with this application. Section 78- 187, Land Development Regulations (LDR) regulates special events. A special event is defined as a temporary meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park, public or private area or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located, and is not a normal business sale event or similar activitv for commercial and/or office establishments. A special event shall include, but not be limited to city sponsored event, fund raising sales and similar gatherings, block parties, grand opening promotions. A special event shall not exceed seven (7) consecutive days. The Growth Management Director may authorize one (1) administrative time extension of up to three (3) days based on a justification statement provided by the applicant that illustrates good cause and public interest of the city. Any event more than ten (10) consecutive days shall be approved by the City Council. Pumpkin sales and Christmas tree sales shall not exceed thirty (30) consecutive days. Furthermore, the following special event occurrence shall apply: o No more than three (3) special events per calendar year shall be held by any applicant at one (1) location, unless otherwise approved by the City Council following a recommendation by the Growth Management Director. o Tenants located in commercial/office plazas are permitted up to three (3) special events per tenant each calendar year. However, this number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. SDecial Event Permit ADDliCatiOn Paere 1 o No events shall occur consecutively, except for those with City Council approval, and if approved shall require a separate permit and fee for each event. o Sub-tenants within commercial/office plazas are not permitted any special events. o Commercial /office plazas with ten (IO) tenants or less shall be limited to a maximum of five (5) events per calendar year. Commercial/office plazas with eleven (11) or more tenants are permitted ten (IO) special events per calendar year . o Anchor tenants are permitted three (3) events per calendar year exclusive of the limitation above. o No more than two (2) special events at any given time may occur simultaneously at any commercial/office plaza. Special event applications will be reviewed and approved by the City on a first-come, first-serve basis. The application submittal deadlines are as follows. A complete application, all supplemental materials, and a non-refundable special events application fee in the amount of $160.00 in the form of a check payable to the City of Palm Beach Gardens shall be submitted to: City of Palm Beach Gardens Growth Management Department, Planning and Zoning Division, lo500 North Military Trail, Palm Beach Gardens, Florida 33410 fl weepfa& Non-profit organizations and religious institutions are exempt from the above subject fee. Less than or equal to 1,000 persons 1,001 to 5,000 persons 5,001 to 50,000 persons More than 50,000 persons one (1) month two (2) months four (4) months six (6) months B. EVENT INFORMATION (type the information or print in legible dark ink). / Name of Special Event &Tw m( S imuzt d!&H7- Property Owner -s/c,fl/~;- @ac" c&! Address _I ?39s/U&! /eD ~ /42% ,,E SDecial Event Permit ADDlication Page 2 Telephone and E-mail bO?J '/9s/ swavc [ 3M -2?2fw AddresdLocation of Event Estimated Number of Participants -701, Dates and Times of Event Date Event Day 1 //-/Y-W Event Day 2 Event Day 3 Event Day 4 Event Day 5 Event Day 6 Event Day 7 Day Begin Time End Time mz (a [IAMflPM /o []AM#PM PM PM PM PM PM PM Organization(s) Producing Event At. r".f/" elephone770 - b/d '63%'- Alt. Telephone Individual(s) Responsible Telephone 77 4 PSZ5--- Telephone Alt. Telephone 30 8 Email hu @,mL &?9 Email Alt. Telephone , - --> ,lQon-Profit>rivate or Commercial Enterprises (if applicable) Date of Incorporation (attach articles of incorporation) C. CHECKLIST Attached the followlna information in thls order to expedite armroval. 0 Authorization of Propertv Owner - notarized evidence from the property owner(s) authorizing use of the site for the special event. P Statement of Special Event Description Purpose and Use -the statement shall describe how the proposed event meets the definition of a special event as defined in Section 78-187, LDR and as stated on the front page of this application. Furthermore, describe the purpose for the special event and its uses, including, but not limited to sponsor(s), vendor@), band(s), and/or other musical operations, planned activities, duration of event, location, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, the use of generators, etc. Has this event occurred in the City of Palm Beach Gardens before? was&@ If Yes, Provide Date(s) ?/7 ./.Y SDecial Event Permit ADDlication Page 4 Has the gi& of the event had a special event this calendar year? a Yes NO If Yes, Provide Date(s) </k (r yes, how many times this calendar year / Does the event require the use of electricity? Yes No Will there be any vendors or concession sales?@ Yes No Will alcoholic beverages be served? Yes NO c+3-e%43 ObJ 5ZTL OhW MO 7/!L .WiflDL *f3- Will food service be provided? Yes 0 NO Yes No Will your event require road closure? Yes No If yes, describe the requested street segment closure and times Will fire rescue services be required? Yes No Will police services be required? p Yes No Site Plan - a detailed site plan for the event, including, but not limited to property boundaries, road access, location of trash receptacles, sanitary facilities, tents or other structures, parking locations, offices, equipment, vendors. Provide setbacks from property line for the various temporary structures activities (signs, fences, tents, booths, etc.). @cL.05- Occupational License - applicants and participants (including vendors) shall provide a copy of a valid Palm Beach Gardens occupational license. Alcoholic Beveraae License (if alcoholic beverages are to be served) - applicants may provide alcoholic beverages in accordance with Chapter 6 of the City Code. Provide a copy of the permit issued by the Florida Department of Beverages and Tobacco. Food Service (if food service will be available at event) -the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit (if applicable), Florida State health certificates, and a list of the type of food service provided. SDecial Event Permit Amlication Page 5 4LI Parades (if applicable) -the following information is required to be submitted. J The exact location of any marshaling or staging areas; J The time at which units of the parade will begin to arrive at the staging areas and the times at which all such units will be disbursed ; J The exact route to be traveled, including the starting point and termination point; J A statement as to whether the parade will occupy all or only a portion of the width of the street, roadway, or sidewalk to be used; and J County or state roadway permits, where applicable nd Fire Rescue/Emeraencv Medical Services -the Police and Fire ents will review the application and assess the need for police and fire rescue services and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibiltty for contacting the Police and Fire Departments directly. The applicant is responsible for the cost of these services. The Police Chief and Fire Chief or their designees have final authority on the need for fire Officer $40.00 Supervisor* $45.00 If car needed $4.00 *required when six (6) or more personnel are needed Personnel (nouriy rates j Firefighter/EMT $30.00 Fire Medic, Driver, Inspector $30.00 Officer/Su pervisor* $40.00 *required when six (6) or more personnel are needed tquipment (nouriy ratesj Fire Engine Ladder Truck Brush Truck $75.00 $1 00.00 $45.00 SDecial Event Permit ADDlication Page 6 Utility Truck $48.00 Rescue Truck $32.00 Specialty EMS Vehicle $25.00 Insurance -the operator of the special event shall provide evidence of insurance acceptable to the city in an amount of at least $1,000,000.00, and shall provide the City a certificate of insurance showing the city as an additional insured. Events with an expected attendance over 10,000 people shall submit a certificate of insurance evidencing coverage of at least $2,000,000, with the City named as an additional insured. The City may require proof of additional insurance. Insurance shall not be cancelled or re-issued without thirty (30) day written notice to the City. Bond - (required if event is located on City property) a refundable security bond, or similar financial pledge acceptable to the city is required to assure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two (2) calendar days of the event. w-567 Indemnification - an indemnification agreement, including any and all such claims, suits, actions, damage, or causes of action arising as a result of the special event, or the condition of the site on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorney’s fees, expenses or liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. Please see Attachment A at the end of this document. TemDorarv Sign Package (if temporary signage is proposed) - see specific sign requirements below. Enclose a complete on-site and/or off-site sign package. All on and off-site signage shall comply with the requirements listed below. On-site Sianaae Reauirements Only one (1) on-site sign per special event is permitted unless waived by the Growth Management Director for good cause and the public interest of the city. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for the event in accordance with Section 78-290, LDR - Temporary Signs. One (1) on-site sign is allowed (maximum size 16 square feet) and shall be installed no earlier than seven (7) days prior to the event and shall be removed no later than one (1) day after the event. SDecial Event Permit ADDliCatiOn Paee 7 1 Banner signs and flags proposed within the signage plan may be approved per the discretion of the special events planner. No sign shall be permitted in the safe site visibility triangles as described in Section 78- 315(j), LDR -Visibility Triangles. Off-Site Siunaue Reuuirements Any off-site sign@) including street banners, pole banners, flags, and directional signs related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location, copy area, graphics, size, type, and colors of the sign(s) for the event. Such plan shall be approved by the Growth Management Director. Off-site signs shall not be permitted on private property. Off-site signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. Off-site signs may be displayed no more than fourteen (14) calendar days before the scheduled event and must be removed within two (2) calendar days after the conclusion of the event. The Growth Management Director may waive such time limitation to allow the applicant to erect off-site signs prior to fourteen (14) calendar days to the scheduled event for good cause and the public interest of the city. No off-site signs shall be permitted in the safe site visibility triangles as described in Section 78-31 50), LDR- Visibility Triangles. Off-site signs related to a regional event outside the municipal boundaries of the city shall be permitted at the discretion of the Growth Management Director subject to the review and approval of an off-site sign plan illustrating the number, copy area, location, and graphics of all signs proposed. All signs located on public property or right-of-way other than city property shall be submitted with the authorization of the applicable agency. Visibiliiv Trianules Intersection with public right-of-way. The area of property on both sides of a driveway formed by the intersection of each side of the driveway and the public right-of-way line for a distance of fifteen (1 5) feet in length and five (5) feet in width along the public right-of-way. (See Figure A Below) SDecial Event Permit ADDliCatiOn Page 8 Figure A 1s 15' Public R.0.W Figure B 20' 20 20' Public R.0.W 20' Intersections of rights-of-way. The area of property located at a corner formed by the intersection of two (2) or more public right-of-ways with two (2) sides of the triangular area being twenty (20) feet in length along the abutting public rights-of-way measured from their point of intersection and the third side being a line connecting the ends of the other two lines . (See Figure B above) submitted as required by staff. Other Materialdinformation - list other information or materials to be SDecial Event Permit ADDliCatiOn Page 9 D. APPLICANT CERTIFICATION lM/e affirm and certify that Ihe understand and will comply with the land development regulations and codes of the City of Palm Beach Gardens, Florida. lM/e 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, lhe understand that this application, attachments and application filing fees become part of the official records of the City of Palm Beach Gardens, Florida, and are not retu rna b le. &&/Y'+L Applicant's signature' Printed name SDecial Event Permit ADDliCatiOn Page 10 NOTARY ACKNOWLEDGEMENT STATE OF COUNTY OF I hereby certify that the foregoing instrument was acknowledged before me this - day of 9 20-1 by . Heorsheis personally known to me or has produced as identification. Notary public signature Printed name State of at-large My Commission expires: E. INQUIRIES AND COMMENTS If you have any question or comment regarding this application, please contact staff at (561) 799-4250. We appreciate suggestions that may improve this application form as well as our services. Page 11 Special Event Permit Application Attachment A INDEMIFICATION AGREEMENT entered into by and between licant”), and the City of Palm Beach Gardens xecutes this Agreement. RECITALS WHEREAS, the Applicant has submitted a Special Event Permit . (“Special Event”); and pplication to the City for ME d 2&7Y7- at (1ocation)J’m h FMwvm on (date(sj) //-/U -0cf WHEREAS, puhanfto Section 78-187 of the City’s Code and the City’s Special Event Regulations, the Applicant must execute an indemnification and hold harmless agreement protecting the City from any and all claims which may arise out of the Special Event. NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. 2. The above recitals are true and correct. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and assigns, harmless from and against any and all such claims, suits, actions, damages, or causes of action arising as a result of the Special Event, or of the condition of the site on which the Special Event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any costs, attorney’s fees, expenses or liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. Modification. This Agreement shall not be modified or amended except by an instrument in writing signed by or on behalf of each of the parties. Amlicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. Countemarts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which counterparts together shall constitute but one and the same instrument. Parties Bound. All of the terms, covenants and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. Attornev’s Fees. In the event of any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. Severability. Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision of this Agreement be for any reason unenforceable, the balance shall nonetheless remain in and be of full force and effect, but without giving effect to such provision. No Waiver. Neither the failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly authorized signatory(ies) on the date set forth below. 3. 4. 5. 6. 7. 8. 9. Page 12 SDecial Event Permit ADDliCatiOn Signed, sealed and delivered in the presence of: Witness Witness Signed, sealed and delivered in the presence of: Witness Witness STATE OF COUNTY OF By: THE CITY OF PALM BEACH GARDENS By: Name: Title: Date: NOTARY ACKNOWLEDGEMENT nowledged before me this $- day nfl . Heorsheis U h to me or has produced as identification. w 1. sofmsoa wobrYNlic*~ofAw#r State of at-large My Commission expires: A. INQUIRIES AND COMMENTS If you have any question or comment regarding this application, please contact staff at (561) 799-4243. We appreciate suggestions that may improve this application form as well as our services. SDecial Event Permit ADDliCatiOn Page 13 Statement of Special Event Description Purpose and Use St. Mark’s family movie night is a school sponsored event on Robb Field. A 20x25 foot inflated movie screen will show a family appropriate movie to the families and children of St. Mark’s School. Special Events Network will be providing the screen and viewing equipment at a cost to St. Mark’s. Approximately 300 people will be in attendance sitting on the lawn with their own lawn chairs and blankets. The screen will be facing Gardens East Drive per the enclosed diagram and site plan. Attendees will be served pizza and drinks with a tickets system set up through the school. Vendors will not be selling directly to the attendees. The gates will open at 6PM and the movie will be begin at 7PM. The event will conclude by 9PM. Two police officers will be hired thru the city to monitor parking lots and assist with departure onto Gardens East Drive. Palm Beach Gardens iMap Page I of I Palm Beach Gardens iMap f , .:' ".. a \I 0 NNODUCII 1 NMU JI http://gis.pbgfl.comlwebgislprint.do?titleBox=onBrtitle=Palm+Be~h+G~dens+iMap&.sc.. . 1 0/22/2007 r 1 -.**- The Church Insurance Company of Vermont 21 0 South Street EMAIL: CICVTcerts@cpg.org FAX: 802-753-1 385 INSURED: CERTIFICATE HOLDER: St Marks Episcopal School 3395 Burns Rd Palm Beach Gardens, FL 3341 0-4322 CITY OF PALM BEACH GARDENS 10500 N MILITARY TRL PALM BEACH GARDENS, FL 3 34 1 0-4628 MORTGAGEE ____ LOSS PAYEE ____ ADDITIONAL INSURED --X-- ~~~~~ The policies of insurance listed below have been issued for the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, aggregate limits shown may have been reduced by paid claims. POLICY NUMBER: VPPOOl2132 CERTIFICATE EFFECTIVE DATE: 11 /14/2008 Commercial General Liabilitv Occurrence Form General Aggregate applies per policy: Limits EACH OCCURRENCE/ACCRECATE $1,000,000 0cc/5,000,000 Agg FIRE DAMAGE (ANY ONE FIRE) $ 500,000 MEDICAL EXPENSE (ANY ONE PERSON) $ 15,000 Directors’ & Officers’ Liability $1,000,000 / $1,000,000 Commercial ProDertv LOCATION: 3395 Burns Rd Palm Beach Gardens, FL 3341 0-4322 COVERAGE INFORMATION: BLANKET BUILDING AND CONTENTS, REPLACEMENT COST, SPECIAL FORM, THEFT INCLUDED BLANKET BUILDING & CONTENTS LIMIT: $28,000 PROPERTY DEDUCTIBLE: $500 FLOOD DEDUCTIBLE: 5% OTHER REMARKS: NIGHT ON NOVEMBER 11,2008. DISCLAIMER: The Certificate of Insurance does not constitute a contract between the issuing insurer, authorized representative, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policy listed thereon. CANCELLATION: THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL ENDEAVOR TO GIVE THE ADDITIONAL INTEREST IDENTIFIED 30 DAYS WRllTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD EFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR REQUIRED BY LAW. AUTHORIZED REPRESENTATIVE LIANNE WEBSTER THE CITY OF PALM BEACH GARDENS IS AN ADDITIONAL INSURED WITH RESPECT TO FAMILY MOVIE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 29,2008 Meeting Date: November 6,2008 Resolution 100,2008 SUBJECT/AGENDA ITEM Resolution 100,2008: Gardens Pointe: Miscellaneous request for extension to six conditions of approval Consideration for Approval: A request from Matt Hornberger, as agent for Gardens Pointe Development, LLC, for approval of an extension to six conditions of approval for Gardens Pointe, generally located at the corner of Fairchild Gardens Drive and Kyoto Gardens Drive. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Development Compliance & CJ Bahareh Keshavarz-Wolfs, AICP Growth Manage Kara Irwin, AIC Approved By: Originating Dept.: Growth Management: Allyson Maihrm Resource Manager [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: Date: NIA Paper: Palm Beach Post [ 3 Required [XI Not Required dffected Parties: [ ]Notified [ x] Not Required FINANCE: Finance Administrator: Allan Owens N/G- Senior Acc B<: Tresha Thomas Fees Paid: [ w'' ] Date: 101 z\ I c8 Budget Acct.#: NIA City Council Action: [ ]Approved [ ] App. wl conditions [ ] Denied [ 3 Rec. approval [ 3 Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: 1. Project Narrative and Application 2. Downtown Plat 3. Resolution 76,2007 4. Resolution 100,2008 Date Prepared: September 29,2008 Meeting Date: October 16,2008 Resolution 100,2008 EXECUTIVE SUMMARY Gardens Pointe was approved on August 16,2007, via Resolution 76,2007. Currently, the applicant is requesting a time extension for completion of certain offsite improvements to the lake plan and Perpetual Public Access Easement (PPAE) required to be built on private property owned by Downtown at the Gardens. APPLICANT’S REOUEST Gardens Pointe was approved on August 16,2007, via Resolution 76,2007 which approved a site plan for a hotel, an office building, and a bank building. The project is bounded by Landmark to the north, Lake Victoria (a.k.a. the Downtown at the Gardens lake) to the west, Kyoto Gardens Drive to the south, and Fairchild Gardens Drive to the east. The four (4) story, 37,500 square-foot office building is located at the southwest corner of the site directly abutting the PPAE around the lake feature that separates this site and the Landmark site from the Downtown at the Gardens site. The applicant is requesting a time extension for the following conditions of approval pertaining to the improvements of the lake plan: 1. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs on the arbors shall face westward (towards the lake), and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly ident$es the area to pedestrians as being for public use and enjoyment. (Planning & Zoning) 4. The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of Occupancy for Phase II, the applicable portion of said plan, including all amenities, shall be firlly completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardscape, and the lake overjook plaza, shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning & Zoning) 5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the p#operty-owners ’ association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferredporn the Regional Center DRI POA to the Gardens Pointe POA. (Planning & Zoning) The Applicant shall provide a bridge connection to the west side of the lake bankporn the subject site. The bridge shall be consistent in style and design to the approved bridge on the north end of the lake. Prior to issuance of the second building permit, the Applicant shall submit for administrative review and approval of the bridge plan and 40. 2 Date Prepared: September 29,2008 Meeting Date: October 16,2008 Resolution 100,2008 cost estimate for a bond. Prior to the issuance ofthe first CertiJicate of Occupancy, the Applicant shall provide a surety in a form acceptable to the City Attorney in the amount of 1 10% of the cost of the construction of the bridge. (Planning & Zoning) 41. The lake bridge shall be installedprior to the issuance of the Certficate of Occupancy for the hotel. (Planning & Zoning) 42. The Applicant shall provide the same lightfixtures on its site and within the PPAE that are provided on the Landmark site. (Development Compliance) In the attached letter dated September 15,2008, the applicant states, “Upon the securing of permission or right, through reasonable means, to install the required improvements, the owner agrees to complete the required improvements in a timely manner and in no more than six months from the date of permission or right is granted.” LAND USE AND ZONING The subject site has a joint land-use designation of office/hotel/community use, as indicated on the Development of Regional Impact (DRI) and Planned Community District (PCD) master land-use plan (Map H), and Professional Office (PO), as designated on the City’s Future-Land Use Map. Therefore, both land-use designations apply to the subject parcel. The zoning designation of the site is a Planned Community District (PCD) Overlay. In accordance with Section 78-155 (c) (2), Code of Ordinances, the Growth Management Director has determined that the Commercial Retail (C) property development regulations shall apply to the subject site. STAFF ANALYSIS Staff is recommending approval of a time extension of six months from the date this resolution is approved and adopted. It has been determined that the dedication of the existing PPAE around the lake to the City grants the City the ability to issue a permit for the public improvements. The language on the adopted plat reads that “Structures may be permitted upon Perpetual Access Easements as approved or with prior written consent by the City of Palm Beach Gardens.” The lake improvements were provided for in the applicant’s development order; therefore, City Council has granted approval for the improvements within the PPAE. Staff proposes the following language for the amendments: Bv May 6. 2009, (six (6) months fiom the effective date of this resolution)Li%e+t+& sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs on the arbors shall face westward (towards the lake), md the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identijes the area to pedestrians as being for public use and enjoyment. (Planning & Zoningj n, UL. bw ~~~, the Applicant shall install one decorative 1. 4. The Applicant shall have the sole responsibility of implementing and installing the 3 Date Prepared: September 29,2008 Meeting Date: October 16,2008 Resolution 100,2008 applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Bv May 6. 2009, (six (6) months fiom the effective date of this resolution)L) , the applicable portion of said plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardcape, and the lake overlook plaza, shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning & Zoning) 5. By May 6, 2009, (six (6) months fiom the effective date of this resolution)L-&++&-h overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the property owners' association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferredfiom the Regianal Center DRI POA to the Gardens Pointe POA. (Planning & Zoning) "" "J Vbb the Applicant shall install the lake 40. The Applicant shall provide a bridge connection to the west side of the lake bankfiom the subject site. The bridge shall be consisterat in style and design to the approved bridge on the north end of the lake. Prior to issuance of the second building permit, the Applicant shall submit for administrative review and approval of the bridge plan and cost estimate for a bond. Prior to the issuance ofthe first Certijkate of Occupancy, the Applicant shall provide a surety in a form acceptable to the City Attorney in the amount of 1 10% of the cost of the construction of the bridge. (Planning & Zoning) 41. The lake bridge shall be installed) Cccw j%&w-b& within six (6) months of the date of this approval (no later than May 6, 2009). The applicant shall be Dermitted one three month time extension provided a permit has been issued for the construction of the bridge and the applicant is movinR forward with timelv inspections. (Planning & Zaning) 42. Bv May 6, 2009, (six (6) months-fiom the effective date of this resolution),TLhe Applicant shall provide the same light fixtures on its site and within the PPAE that are provided on the Landmark site. (Development Compliance) STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 100,2008. 4 Date Prepared: September 29, 2008 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 100,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO RESOLUTION 76, 2007 SITE PLAN FOR GARDENS POINTE TO ALLOW THE DEVELOPMENT OF A 178-ROOM SIX (6) STORY HOTEL, A FOUR (4) STORY 37,500-$QUARE-FOOT OFFICE BUILDING, AND A ONE (1) STORY 4,000-SQUARE-FOOT OUT PARCEL BANK ON A 6.64-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF KYOTO GARDENS DRIVE AND FAIRCHILD GARDENS AVENUE WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICU LARLY DESCRIBED HE REIN; P ROVl DI NG CON DlTlONS OF APPROVAL; PROVIDING WAIVERS; 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 Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-05-01 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high-rise units, within two twelve-story towers, and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, which was approved through the adoption of Resolution 44,2006; and WHEREAS, the City received petition SPLA-07-02-000003 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a site plan amendment to allow a 1 75-r00mI six-story hotel, a four-story 37,500-square-foot office building, and a one- story 4,000-square-foot out parcel bank on an approximately 6.64- acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, as more particularly described herein, which was approved through the adoption of Resolution 26, 2007; and WHEREAS, the City received petition MISC-08-09-000050 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a time extension to six conditions of approval; 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 Date Prepared: September 29, 2008 Resolution 100, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The site plan for Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, is hereby AMENDED on the folllowing described real property to permit a 175-room six-story hotel, a four-story 37,500-square-foot office building, and a one-story 4,000-square-foot out parcel bank on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 3-8, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT BEING THE POINT OF BEGINNING; THENCE N46’02’07”W ALONG THE WEST LINE OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE NOI”05’24E ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42”08’02”E ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44”02’28”EI A DISTANCE OF 174.91 FEET; THENCE S88”34’59E, A DISTANCE OF 301.16 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE SO1”25’01”W ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF 441 53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04”15’01”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34 FEET; THENCE S38”18’32”W, A DISTANCE OF 32.90 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 27.09; THENCE S79”27’03”W ALONG SAID SOUTH LINE, A DISTANCE OF 128.36 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10°32’57”E, A RADIAL DISTANCE OF 575.87 FEET AND A CENTRAL ANGLE OF 19”30’20”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 196.05 FEET; THENCE S59”56’43”WJ A DISTANCE OF 98.13 FEET TO THE POINT OF BEGINNING. CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. 3. 4. 5. 6. Date Prepared: September 29, 2008 Resolution 100, 2008 Plannina & Zoning Bv Mav 6, 2009 (six (6) months from the effective date of this Resolution),- cf cf 06wpanq , the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to \Kyoto Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs on the arbors shall face westward (towards the lake), and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identifies the area to pedestrians as being for public use and enjoyment. (Planning & Zoning) .. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which is consistent to the one approved for Downtown at the Gardens. This directory sign shall include a color map of the entire lake plan, which indicates a “you are here” notation, all points of interest (benches/gazebos/bridges/plazas/underpassesllake overlooks), and the boundaries of the PPAE. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit the property owners’ association documents for the City Attorney’s and City Forester‘s review and approval. (Planning & Zoning, City Attorney) The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Bv Mav 6, 2009 (six (6) months from the effective date of this ResoIution),Fkef-Wb plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which inalude benches, arbors, pathways, hardscape, and the lake overlook plaza, shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning & Zoning) .. nf E the applicable portion of said Bv Mav 6, 2009 (six (6) months from the effective date of this -- , the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the property owners’ association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe POA. (Planning & Zoning) .. All windows and doors shall be hurricane-impact resistant. (Planning & Zoning). Date Prepared: September 29, 2008 Resolution 100, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 7. Prior to the issuance of the first building permit, the Applicant shall install a six-foot high construction fence with a dark green, black, or decorative privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage or advertising in accordance with Section 78-290. (Planning & Zoning) SATISFIED 8. Prior to the issuance of the first Certificate of Occupancy for vertical construction, the Applicant shall construct the reconfigured median at Kyoto Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway beautification landscaping. (Planning & Zoning, City Forester) Cif y Forester 9. Prior to the issuance of the first Certificate of Occupancy -, the Applicant shall install the appkibk buffer as reflected on Sheet C-I 9. (City Forester) Cif y Enaineer 19 20 IO. 21 22 23 24 11. 25 26 27 28 12. 29 30 31 32 13. 33 34 35 36 37 38 39 40 41 14. 42 43 44 45 46 Prior to the issuance of the first land clearing permit, the Applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) SATISFIED The Applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe. (City Engineer) Prior to the commencement of construction, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) SATISFIED Prior to the issuance of the first land clearing permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. The form of surety shall be as required by the City Attorney. (City Engineer) SATISFIED Prior to the issuance of the first land clearing permit, the Applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) SATISFIED 4 -7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 a la 2a 15. 16. 17. 18. 19. 20. 21. 22. Date Prepared: September 29,2008 Resolution 100, 2008 The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) Prior to the issuance of the first land clearing permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) SATISFIED Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) SRTISFIED Prior to the issuance of the first land clearing permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) SATISFIED Prior to the issuance of the first land clearing permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) SATISFIED The construction, operation, andlor maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the developmlent of Gardens Pointe, it shall be the Applicant’s, successors’, or assign$’ responsibility to resolve said impacts in a period of time and a mannar acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) No building permits shall be issued until a Boundary Plat has been approved, which Plat shall include any Perpetual Public Access Easements (PPAE) for the areas between the proposed buildings and the Lake before the issuance of the first building permit. The Applicant shall replat the site to include all easements aind site encumbrances within 90 days of the issuance of the second Certificate of Occupancy. (City E ng i nee r) SATIS FI ED The City shall perform, at the cost of the Applicant, an annual parking study to determine actual parking demand at the site. The actual demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand and demand at build out. This calculation will include an appropriate 5 I”_- ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 29, 2008 Resolution 100, 2008 buffer between parking supply and demiand as recommended by the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study will be performed when determined necessary by the Growth Management Administrator. Additional parking studies will be performed on an annual basis until such time as Certificates of Occupancy have been issued for 80% of the approved square footage of the project, and for two years thereafter, if determined necessary by the Growth Management Administrator. The study shall be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Administrator. (City Engineer) 23. Should the parking study conclude that the available on-site parking is 90% or more occupied (hereinafter referred to as the Failed Parking Study), then the Applicant shall initiate construction of a parking garage as shown on the alternate site plan referenced herein as page G-I of the Site Plan documents. When the on-site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct a parking garage to provide the parking required by the City Land Development Regulations based on the constructed usages and square footage without the benefit of the shared parking analysis. (City Engineer) 24. The parking garage design shall be started within 30 days’ notification by the City after receipt of the Failed Parking Study. The City shall be provided 30% and 90% design drawings for comment. All appropriate standards and the City LDRs shall be incorporated into the final design. Construction of the parking garage shall begin within 180 days of the City’s notification of the Failed Parking Study. The date for completion of the parking garage shall be determined by the City Engineer. Should the parking garage not be completed on time, the occupancy of the hotel will be limited to 75% of the constructed rooms until the garage is completed. Documentation shall be made available to the Growth Management Administrator as and when requested to verify the limited occupancy. (City Engineer) 25. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide to the City surety, in a form acceptable to the City Attorney, as necessary to secure 110% of the cost of construction of the parking garage. The City shall not release any surety provided by the Applicant for the parking garage for the period the parking studies are required by Condition 22. (City Engineer) 6 Date Prepared: September 29, 2008 Resolution 100, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 26. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage, as reflected on the “Alternate Site Plan,” page G-1”. Said easement shall be conveyed to the City by a separate inistrument prior to the issuance of the Certificate of Occupancy for the hotel. (City Engineer) 27 The City is expediting the construction of the traffic signalization at Kyoto Gardens Drive and Lake Victoria Gardens Avenue, which signalization is the obligation of the Applicant. The Applicant shall reimburse the City for the costs of signalization within 45 days of notice by the City Engineer. Failure of the Applicant to reimburse the costs in a timely manner will result in the suspension of the issuance of building permits and suspension of all inspections of work being performed on the site. The City shall reimburse the Applicant to the extent it collects pro-rata costs from other developments. [City Engineer) Police Department 18 19 28. 20 21 22 29. 23 24 25 26 27 30. 28 29 30 31 32 33 34 35 36 37 31. 38 39 40 41 42 43 44 45 46 Metal halide lighting shall be used for ail1 street, walkways, and parking garage lighting. (Police Department) Lighting locations and building addresses shall not conflict with landscaping, including long-term tree canopy growth. All light poles on site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) Prior to the issuance of the first Certificate of Occupancy-, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi-directional visibility from the roadway (when applicable), shall consist of 8-inch numbers in height, and shall be a different color than the color of the surface to which they are attached. The Applicant shall provide a document that reflects a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5 X 11” map format. (Police Department) Prior to the issuance of a building permit for the contingency garage, the Applicant shall submit a photometric plan that complies with Illumination Engineering Society of North America (IESNA) standards for the parking garage, subject to review and approval by the City Engineer. (Police Department) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 32. 33. 34. 35. silane 36. 37. 38. 39. Date Prepared: September 29, 2008 Resolution 100, 2008 Prior to the issuance of the Mbuilding permit for the contingency parking garage, the Applicant shall develop a security plan for the parking garage, acceptable to the Police Department, whiah shall include pre-wiring for the installation of a high-resolution, low-lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a Stop Work Order for the site. (Police Department) SATISFIED Prior to the issuance of the first Certificate of Occupancy the Applicant shall install a video camerlil in all elevators, subject to the approved security plan. (Police Department) Prior to the issuance of the building permit for the parking garage, the Applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department. (Police Department) us Prior to the issuance of the building permit for each building, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy -. (GIs Manager, Development Compliance Officer) At no time shall stacking of construction andlor service vehicles occur in a public right-of-way. (Planning & Zoning) The Applicant shall be required to notify the City’s Public Works Division via fax at least 10 working days prior to the commencement of any workiconstruction activity within any public right-of-way within the City. In the case of a City right-of-way, the property owner has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition may result in a Stop Work Order of all woirkiconstruction activity within the public right-of-way and the subject site. (Public Works) The City shall release the Letter of Credit in the amount of $500,000 and shall terminate the agreement with the Applicant. (City Attorney) SATISFIED 8 Date Prepared: September 29, 2008 Resolution 100, 2008 1 40. 2 3 4 5 6 7 8 9 10 11 41. 12 13 14 15 16 17 18 42. 19 20 21 22 23 43. 24 25 26 27 The Applicant shall provide a bridge connection to the west side of the lake bank from the subject site. The bridge shall be consistent in style and design to the approved bridge on the north end of the lake. Prior to issuance of the second building permit, the Applicant shall submit for administrative review and approval the briidge plan and cost estimate for a bond. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide a surety in a form acceptable to the City Attorney in the amount of 110% of the cost of the construction of the bridge. (Planning & Zoning) .. The lake bridge shall be installed 3 within six ($) months of the date of this approval (no later than Mav 6, 2009). The Applicant shall be permitted one three month time extension provided a permit has been issued for the construction of the bridge and the Applicant is moving forward with timelv inspections. (Planning & Zoning) Bv Mav 6, 2009 (six (6) months from the effective date of this Resolution),Tihe Applicant shall provide the same light fixtures on its site and within the PPAE that are provided on the Landmark site. (Development Compliance) Prior to the issuance of the first building permit, the Applicant shall submit a photometric plan for the site that complies with the City’s Land Development Regulations, subject to review and approval by the City Engineer. (City Engineer) 28 29 30 31 32 33 34 2. 35 36 24 feet. 37 38 3. Section 78-285, Permitted signs, to allow the hotel building signage to be 39 placed above the sixth floor line and the office building signage to be 40 placed above the fourth floor line. 41 42 4. Section 78-285, Permitted signs, to allow two additional building 43 identification signs for the hotel, one additional building identification sign 44 for the office building, and one additional building identification sign for the 45 bank building. 46 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Section 78-184, Height of buildings, to allow for a maximum building height of 87 feet for the hotel building and 80 feet for the office building. Section 78-320, Foundation landscaping, to allow for reduced foundation planting widths for the hotel building at 26.1 feet and the office building at 9 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3% 39 40 41 42 43 44 45 46 47 Date Prepared: September 29, 2008 Resolution 100, 2008 , SECTION 4. This site plan approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. Site Plans and Preliminary Paving, Grading, and Drainage Plan, Sheets S- I and SP-1 through SP-7 and Sheets C-I through C-13, Craven, Thompson, and Associates, July 17, 2007. 2. Site Landscape Plans, Sheets LP-1 through LP-8, Intuitive Design Group, July 16, 2007. 3. Architectural Elevations, Roof Plans, Floor Plans: Sheets H-I through H-5, 0-1 through 0-2, B-I, and G-I, dated May 22, 2007, Oliver, Glidden, Spina & Partners. 4. Site Photometric Plans, Sheets LT-1 through LT-7, Intuitive Design Group (IDG) & SJ Bramley, Inc., dated May 7, 2007. 5. Survey, Lidberg Land Surveying, Inc., May 2, 2007. SECTION 5. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 10 Date Prepared: September 29, 2008 Resolution 100, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, Interim City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO - - 46 47 G:\a~orney-share\RESOLUTIONSL2OOS\Gardens Pointe- reso 1 00 2008.doc 11 KOLTER I I T (561) 682 9500 F (561) 682 1050 www. kolter.com I 1601 Forum Place Suite 805 West Palm Beach, FL 33401 I September 15,2008 Planning & Zoning Division, Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Development Application for time extension Gardens Pointe Development, LLC (“G.P.D”) G.P.D. has filed a Development Application requesting a time extension for completion of certain offsite improvements required to be built on private property not owned by G.P.D. The process of attempting to obtain permission to construct improvement on the private property of others has taken longer than expected since this permission is outside of the control of either G.P.D. or the City of Palm Beach Gardens. G.P.D. is ready willing and able to install these improvements once permission is obtained through private negotiations or otherwise. We have already posted surety (by Letter of Credit) with the City of Palm Beach Gardens to assure construction of these improvements. Thank you for your assistance in this matter. Sincerely, Gardens Pointe Development, LLC , I CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALMBEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (56 1)799-4243 Fax (56 1)799-428 1 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 ZMiscellaneous - Administrative Appeal - Other - Annexat ion - Rezoning - Site Plan Review - Concurrency Certificate Time Extension Date Submitted Seutember 12,2008 Project Name: Gardens Pointe Owner: Gardens Pointe DeveloDment, LLC Address: 1601 Forum Place. Suite 805, W.P.B. FL 33401 Applicant (if not Owner): Applicant’s Address: TeleDhone No. 561.682.9500 Contact Person: Matthew Hornberaer Agent’s Mailing Address: 1601 Forum Place, Suite 805, West Palm Beach, Florida 33401 Agent’s Telephone Number: 561.715.9346 Email: mhornberner@kolter.com Fax No.: 561.694.5829 FOR OFFICE USE ONLY Petition Number: Fees Received Date & Time Received: Application $ Engineering $ Receipt Number: 1 Architect: PFVS Architects, Inc. Engineer: ONM&J Engineers Planner: Gentile. Holloway, O’Mahonev Landscape Architect: I.D.G., Inc. Site Information: Phone Number: 404.503.5000 Phone Number: 561 335.9994 Phone Number: 561.575.9557 Phone Number: 772.263.0770 Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: Corner of Fairchild Gardens Drive and Kyoto Gardens Drive Address: 3503 Kyoto Gardens Drive. Palm Beach Gardens. Florida 33410 Section: 52 Township: 43 Range: 42 Property Control Number(s): Acreage: 6.64 Current Zoning: Requested Zoning: Flood Zone: Current Comprehensive Plan Land Use Designation: Existing Land Use: Proposed Use(s) Le. hotel, single family residence, etc.: Hotel / Ofice / Bank Proposed Square Footage by Use: Hotel: 116,000 SF / Office 37.500 SF / Bank 4,000 SF Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): 52-43-42-06-2 1-000-00 10 Base Flood Elevation (BFE) - to be indicated on site plan 15 Requested Land Use: Hotel / Office Complex Justification 2 Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} 1. Explain the nature of the request: Regarding Resolution 76.2007, the owner is seekina relief from the following - conditions of approval; 1.4.540.4 1.42, onlv on the portions of these that require the installation of improvements on propertv not owned or controlled bv the owner. Upon the securing of permission or right, through reasonable means. to install the required improvements, the owner agrees to complete the required improvements in a timelv manner and in no more than six months from the date Dermission or right is granted. All consequences related to these conditions will be adiusted accordingly. ~~ ~~ ~~ ~ 2. What will be the impact of the proposed change on the surrounding area? The onlv impact will be the possible delav of certain lake Dark elements being completed. 3. Describe how 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. The reauest will maintain the Citv’s intent for the ultimate lake park improvements, while allowing the Owner to operate commercial improvements that may he comulate prior to the Owner’s abilitv to install the improvements. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1 , Land Development Regulations)? Does not apply. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 26 1 , Land Development Regulations? This Request Does not affect the Art in Public Places reauirements. 6. Has the project received concurrency certification? Date received: Lepal Description of the Subiect Property (Attach additional sheets if needed) Or see attached deed for legal description. 42L.. Location The subject property is located approximately mile(s) from the intersection of , on the north, east, south, west side of (streethoad). Statement of Ownership and Desipnation of Authorized Apent Before me, the undersigned authority, personally appeared Robert Vail who, being by me first duly sworn, on oath deposed and says: 4 1. That hdshe is the fee simple title owner of the property described in the attached Legal Description. 2. That hdshe is requesting in the City of Palm Beach Gardens, Florida. 3. That he/she has appointed to act as authorized agent on hidher behalf to accomplish the above project. Name of Owner: StreetAddress P. 0. Box City, State, Zip Code - 93m &&z-/& Telephoie Number FaxNumber E-mailAddress 0 flAcd-a-Qk& IUS a- Sworn and subscribed before me this Is day of &?& 9ZtoR- V No% Public My Commission expires: 5 Applicant’s Certification We affirm 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 a~ true to the best of my/our knowledge and belief. Further, I/we understand that this ap es become a part of the official records of the City of Palm Beach Applicant is: LOwner -Optionee Lessee Agent City, State, Zip Code Telephone Number - Contract Purchaser &/G’ZZ-- DXJ Fax Number 6 Palm Beach Gardens Growth Manegement Department 10500 North Mi/itaty Trail, Pah Beach Gardens, FL 33470 Financial Restmsibilitv Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any amed interest to be retained by the City of Palm Beach Gardens. The owner andlor designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering setvices, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City inwmd during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending pennIt(8) will cease until any outstanding invoiees are paid. The ownerldeslgnee further understands thrt transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the CHy Growth Man8g~11ent Department if the name andlor 8ddmss ofthe reslponslble party changes at anytime 9 P5 Ownerprinted name Designee Acceptance SQnatum NOTARY ACKNOWLEDGEMENT STATEOF COUNTYOF %\ .hnu instrument was acknowledged before me this \5 day of . He or she is personally known asidentification. --I lm,,I,E,m mm,1,~~mm~m.~1mW~88~*~~~m~m~m"'m"m: Y LISA S. WEBB Notary public sQnature t 9 COmmffoDoseeoao: 9 ~1(YlQIZDIl I fqo&$mcun.,hc s ,8,m ,,,,,. 8,.8nlnal-~-"~m" Printed name : State of at-large My Commission expires: *i I i -; \ I 2 \ DDBDDDDDD D wwwwwwwww w mmmmmmmmm m v)v)yI v)v)v)v) v)ln v) nnnnnnnnn n \ U D O 1 2 3 4 5 6 7 0 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: July 24,2007 Amended at August 16, 2007 Meeting RESOLUTION 76,2007 A RESOLUTION OF THE CITY COUNCIL (IF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDED SITE PLAN FOR GARDENS POINTE TO ALLOW THE DEVELOPMENT OF A 175-ROOM SIX (6) STORY HOTEL, A FOUR (4) STORY 37,500-SQUARE-FOOT OFFICE BUILDING, AND A ONE (1) STORY 4,000-SQUARE-FOOT OUT PARCEL BANK ON A 6.64-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF KYOTO GARDENS DRIVE AND FAIRCHILD GARDENS AVENUE WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; AND PROVIDING AN EFFECTIVE DATE. 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 Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-05-01 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high-rise units, within two twelve-story towers, and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, which was approved through the adoption of Resolution 44,2006; and WHEREAS, the City received petition SPLA-07-02-000003 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a site plan amendment to allow a 1 75-room, six-story hotel, a foulrstory 37,500-square-foot office building, and a one- story 4,000-square-foot out parcel bank on an approximately 6.64- acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, as more particularly described herein; and WHEREAS, on June 26, 2007, the Planning, Zoning, and Appeals Board reviewed the subject petition and recommended 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 WHEREAS, the City Council has deemed approual of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: July 24, 2007 Resolution 76,2007 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The site plan for Gentile, Hollowz~y, and O'Mahoney, agent for Gardens Pointe LLC, is hereby AMENDED on the following described real property to permit a 175-rooml six story hotel, a four story 37,500-square-foot office building, and a one-story 4,000-square-foot out parcel bank on an approximately 6.64-acre site located at the northwest comer of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT RECORDS OF PALM BEACH COUNTY, FLORIDA, BIEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 3-8, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT BEING THE POINT OF BEGINNING; THENCE N46'02'07"W ALONG THE WEST LINE OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE N01"05'24E ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42'08'02"E ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44"02'28"E1 A DISTANCE OF 174.91 FEET; THENCE S88'34'59El A DISTANCE OF 301.16 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE S01"25'01"W ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF 441 53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04"15'01"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34 FEET; THENCE S38"18'32"Wl A DISTANCE OF 32.90 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 27.09; THENCE S79'27'03"W ALONG SAID SOUTH LINE, A DISTANCE OF 128.36 FEET TO A POINT OiF CURVATURE OF A CURVE CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10°32'57"E, A RADIAL DISTANCE OF 575.87 FEET AND A CENTRAL ANGLE OF 19'30'20"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 196.05 FEET; THENCE S59'56'43"Wl A DISTANCE OF 98.13 FEET TO THE POINT OF BEGINNING. CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS. 2 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Plannina & Zoninq i - 12. - 23. Prior to the issuance of the first Certificate of Occupancy kMhweit, the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs on the arbors shall face westward (towards the lake), and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identifies the area to pedestrians as being for public use and enjoyment. (Plmning & Zoning) Prior to the issuance of the first Certificate of Occupancy WPbaw-N, the Applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which is consistent to the one approved for Downtown at the Gardens. This directory sign shall include a color map of the entire lake plan, which indicates a "you are here" notation, all points of interest (benches/gazebos/bridges/plaza$/underpasses/lake overlooks), and the boundaries of the PPAE. (Planning & Zoning) c u. 3 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit the Iwme-proDertv owners’ assouiation documents for the City Attorney’s and City Forester’s review and approval. (Planning & Zoning, City Attorney) The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of Occupancy W+bas&+, the applicable portion of said plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardscape, and the lake overlook plaza, shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy kwPkse4, the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the 4eme propertv owners’ association documents that requires the maintenance of this overlook and lake pllan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe HEOA. (Planning & Zoning) All windows and doors shall be hurricane-impact resistant. (Planning & Zoning). Prior to the issuance of the first building permit, the Applicant shall install a six-foot high construction fence with a dark green, black, or decorative privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage or advertising in accordance with Section 78-290. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for vertical construction, the Applicant shall construct the reconfigured median at Kyoto Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway beautification landscaping. (Planning & Zoning, City Forester) Citv Forester - 914. Prior to the issuance of the first Certificate af Occupancy Applicant shall install the appkabk buffer Sheet C-19. (City Forester) the as reflected on 4 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 IC - 104.6. Prior to the issuance of the first land clearing permit, the Applicant shall provide a signed and sealed pavement mgrking and signage plan. (City Engineer) 47. - 1148. The Applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe. (City Engineer) - 1219. Prior to the commencement of construction v, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) - 1328. Prior to the issuance of the first land clearing permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. The form of suretv shall be ,as required bv the Citv Attornev. (City Engineer) - 1421. Prior to the issuance of the first land clearing permit, the Applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) - 1522, The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 5 Date Prepared: July 24, 2007 Resolution 76, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 - 1W. Prior to the issuance of the first land clearing permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) - 1724. Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) - 1825. Prior to the issuance of the first land clearing permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) - 1926. Prior to the issuance of the first land clearing permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) - 2027. The construction, operation, and/or maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the developmeint of Gardens Pointe, it shall be the Applicant’s, successors’. or assigns’ , responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) 30 L”. 6 Date Prepared: July 24, 2007 Resolution 76,2007 Easements (PPAE) for the areas between Lake before the issuance of the first buildiw replat the site to include all easements and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 2a 3a the DrODOSed buildinas and the permit. The ADDliCant shall site encumbrances within 90 22. The Citv shall perform, at the cost of the Applicant. an annual parking studv to determine actual parkina demand at the site. The actual demand will be compared to the actual, sup~lv to determine if the provided oarkina sup~lv is adeauate to accommodate existina demand and demand at build out. This calculatioth will include an appropriate buffer between parkina su~plv and demand as recommended bv the Institute of Transportation Enaineers. Urban Land Institute, or other recoanized published traffic enaineerina ~oraanizations or resources. The first annual parkina studv will be oerformed when determined necessarv bv the Growth Manaaementl Administrator. Additional parkina studies will be performed on an annual basis until such time as Certificates of Occupancv have been issued for 80% of the aDDr0ved sauare footaae of the proiect. and for two Wears thereafter, if determined necessaw bv the Growth Manaaement Administrator. The studv shall be performed durina the peak season and durina the peak operatinq hours on a Thursdav. Fridav. and Saturdav (with the exception of the Christmas and Thanksaivina holidavs). or ias determined bv the Growth Management Administrator. (Citv Engineer) 23. Should the parkina studv conclude that thie available on-site parkina is 90% or more occupied (hereinafter referfed to as the Failed Parkinq Studv). then the Applicant shall initiate corlstruction of a parkina aaraae as shown on the alternate site Dlan referenced herein and attached hereto as Daae G-1 of the attached Site Plan documents. When the on- site parkina is determined to be 90% or more occupied. the shared parkina studv provided bv the Applicant shall be considered null and void, and the Amlicant shall construct a Qarkina aaraae to provide the parkina required bv the Citv Land Develobment Reaulations based on the constructed usages and square footabe without the benefit of the shared oarkina analvsis. (Citv Enaineer) 7 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 24. The Parkina Garage desian shall be started within 30 davs' notification by the Citv after receipt of the Failed Parkina Studv. The Citv shall be provided 30% and 90% desian drawinas for comment. All appropriate standards and the Citv LDRs shall be incohorated into the final desian. Construction of the parkina aaraae shall beain within 180 davs of the Citv's notification of the Failed Parkina Stuidv. The date for completion of the Parkina Garaqe shall be determilned bv the Citv Enaineer. Should the parkina aaraae not be completed on time, the occupancy of the hotel will be limited to 75% of the constructed rooms until the garaae is completed. Documentation shall be made available to the Growth Management Administrator as and ,when requested to verifv the limited occupancv. 25. Prior to the issuance of the first Certificate of Occupancv. the Applicant shall provide to the Citv suretv. in a form acceptable to the City Attornev, as necessarv to secure 110% of the cost of construction of the parking aaraae. The Citv shall not release any suretv provided bv the Applicant for the parkina garage for the aeriod of parkina studies are required bv Condition 22. (Citv Engineer) 26. The Applicant shall grant to the Citv a temaorarv construction easement 20 feet wider than the proposed footprint of the parkina aaraae. as reflected on the "Alternate Site Plan," pane G-1 ," attached hereto. Said easement shall be conveved to the Citv bv a seDarate instrument prior to the issuance of the Certificate of Ocuupancv for the hotel. (Citv Engineer) - 27. The Citv is expediting the construction of the traffic sianalization at Kvoto Gardens Drive and Lake Victorila Gardens Avenue. which sianalization is the obliaation of the Apalicant. The Applicant shall reimburse the Citv for the costs of sianalization within 45 davs of notice bv the Citv Engineer. Failure of the Amlidant to reimburse the costs in a timelv manner will result in the suspension of the issuance of buildinq permits and suspension of all inspections, of work being performed on the site. The Citv shall reimburse the Apdlicant to the extent it collects pro-rata costs from other developments. Nbitv Enaineer) Police DeDartment - 2832. Metal halide lighting shall be used for all street, walkways, and parking garage lighting. (Police Department) - 2933. Lighting locations and building addresses shall not conflict with landscaping, including long-term tree campy growth. All light poles on site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) 8 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 - 3034. Prior to the issuance of the first Certificate of Occupancy for each phase, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for qighttime visibility, shall provide bidirectional visibility from the roadway (when applicable), shall consist of 8-inch numbers in height, and shall be a different color than the color of the surface to which they are attached. The Applicant shall provide a document that reflects a street address systlem depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5 X 11” map format. [Police Department) 25. a - 3138. Prior to the issuance of a building permit for the continaencv aaraae, the Applicant shall submit a photometric plan that complies with Illumination Engineering Society of North America (IESNA) standards for be# parking garages, subject to review and gpproval by the City Engineer. (Police Department) 9 Date Prepared: July 24, 2007 Resolution 76,2007 n ID 1 Y. ,, 2 - 3 4 5 6 7 8 9 (Police Department) 10 11 42. 12 13 14 ’ 15 16 - 3343. Prior to the issuance of the first building permit, the Applicant shall submit 17 a construction site security and management plan for review and approval 18 by the Police Department. Non-compliance with the approved security 19 and management plan may result in a Stop Work Order for the site. 20 (Police Department) 21 22 - 3444. Prior to the issuance of the first Certificate of Occupancy for each phase, 23 the Applicant shall install a video camera in all elevators, subject to the 24 approved security plan. (Police Department) 25 26 27 28 29 30 31 32 33 34 35 Miscellaneous 36 37 - 3642. Prior to the issuance of the Wbuilding permit for -ach buildinq, 38 digital files of the approved plat shall be submitted to the Planning and 39 Zoning Division, and approved civil design and architectural drawings, 40 including floor plans, shall be submitted prior to the issuance of the first 47 Certificate of Occupancy for each phase. (GIs Manager, Development 42 Compliance Officer) 43 44 - 374. At no time shall stacking of construction and/or service vehicles occur in a 45 46 - 3241. Prior to the issuance of the Wbuilding permit for the continaencv parking paraae, the Applicant shall develop a secuvity plan for the parking garage, acceptable to the Police Department, which shall include pre-wiring for the installation of a high-resolution, low-lux color digital video system, with monitoring and photo processing picture or video printout capabilities. w=-ew 35. Prior to the issuance of the #building permit for eask fitharking garage, the Applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department. (Police Department) public right-of-way. (Planning & Zoning) 10 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 - 3848. The Applicant shall be required to notify the City's Public Works Division via fax at least 10 working days prior to the commencement of any worklconstruction activity within any public right-of-way within the City. In the case of a City right-of-way, the property owner has at least five working days to obtain a right-of-way permik. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition may result in a Stop Work Order of all workdconstruction activity within the public right-of-way and the subject site. (Pwblic Works) .. - 39%. 1 -. The Citv Shall release the Letter of Credit in the amount of $500.000 and shall terminate the agreement with the ADplicant.(City Attorney) 40. The ADpliCant shall provide a bridae connection to the west side of the lake bank from the subiect site. The bridcle shall be consistent in stvle and desian to the approved bridae on the north end of the lake. Prior to issuance of the second buildina permit, the Applicant shall submit for administrative review and approval of the bridae plan and cost estimate for a bond. Prior to the issuance of the first Certificate of Occupancv, the Applicant shall provide a suretv in a,form acceptable to the Citv Attornev in the amount of 110% of the cost of the construction of the bridae. (Plannina & Zonina) 41. The lake bridae shall be installed prior to the issuance of the Certificate of Occupancv for the hotel. (Plannina & ZcPninq) 42. The Applicant shall provide the same light,fixtures on its site and within the PPAE that are provided on the Landmark site. (Development Compliance) 43. Prior to the issuance of the first buildina permit. the Applicant shall submit a photometric plan for the site that complies with the City's Land Development Reaulations. subiect to review and approval bv the Citv Enaineer. (Citv Enaineer) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following #m+l-Qj four (4) waivers: 1. Section 78-184, Height of buildings, to allow for a maximum building height of -7 feet for the hotel buildina and 80 feet for the office buildina. .. .. 11 Date Prepared: July 24,2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Q tr. 4n 1 '" e. w 2. Section 78-320, Foundation landscaRinu. to allow for reduced foundation plantinn widths for the hotel buildina at 26,l feet and the office buildina at 24 feet. 3. Section 78-285. Permitted siuns. to allow the hotel buildina sinnaae to be placed above the sixth floor line and the office buildinn sinnaae to be placed above the fourth floor line. 4. Section 78-285. Permitted sirms. to dlow two additional buildinq identification sians for the hotel, one additional buildina identification sian for the office buildina. and one additional buildina identification sian for the bank buildina. 12 Date Prepared: July 24, 2007 Resolution 76,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 SECTION 4. This site plan approval shall be in compliance with the following 1. Site Plans and Preliminarv Pavina, Gradina. and Drainaae Plan, Sheets €X S-I and SP-1 through SP-7 and, Sheets C-1 throuah C-136-2, plans on file with the City's Growth Management Department: Craven, Thompson, and Associates, kkc.!! 22, 2906 July 17, 2007.7 2. - 28. - 34. - 45. - 56. 7 Site Landscape Plans 4 , Sheets LP-1 through LP -82, , Intuitive Design Group, Julv 16, -1 2007 - & ??, 2W& Architectural Elevations, Roof Plans, Floor Plans: Sheets H-I throuah HJ, 0-1 throuah 0-2. B-1, and G-IAN 2 .. ! '! ,: Ap( 2 .. 2 ! , ,W2 ..I' 2 1 4#444+ .. Glidden. Spina & Partners. Site Photometric Plans, Sheets LT-1 throuah LT-7. Intuitive Desian Group (IDG) & SJ Bramlev. Inc.. ,dated Mav 7, 2007. P '!, P!H Survey, Lidberg Land Surveying, Inc., pav 2. 2007. d4.y 2C, 2- SECTION 5. This approval shall be consistent with all representations made by SECTION 6. This Resolution shall become effective immediately upon adoption. the Applicant or Applicant's agents at any workshop or public hearing. 13 Date Prepared: July 24, 2007 Resolution 76, 2007 PASSED AND ADOPTED this 16 3ay of &6 4T ,2007. 1 2 3 4 5 6 7 8 9 ATTEST: 10 CITY OF PALM @EA BY: 11 12 BY: , DWW CI7V CCCiVrlC 13 14 F~AC Patricia Snider: CMC, City Clerk 15 16 17 LEGAL SUFFICIENCY APPROVED AS TO FORM AND UM,/ c 21 hhristine P. Tatum, City Attorney 22 23 24 25 VOTE: 26 27 MAYOR RUSSO 28 29 VICE MAYOR LEVY 30 31 COUNCILMEMBER JABLIN 32 33 COUNCILMEMBER VALECHE 34 35 COUNCILMEMBER BARNETT 36 37 30 39 40 41 42 43 44 45 -- AYE NAY ABSENT --- I/ 46 47 G:bttorney-share\RESOLUTlONS\Gardens Pointe- reso 76 2007.doc.docx 14 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum c Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 SubjecUAgenda Item: Ordinance 28,2008: Text Amendment to the Capital Improvements Element (CIE) Public Hearing & 1" Hearing: A City-initiated request for the adoption of amendments to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to update the CIE to be consistent with the current City budget in accordance with Chapter 163.3 177, Florida Statutes. [XI Recommendation to APPROVE ENY Development ?YiZD!L Bahareh Keshavarz-Wolfs, AICP Growth Manage Administrator s Kara L. Irwin, AICP City Engineer Ckh , John Donahue, P.E. Originating Dept.: Growth Management: 5- Project Manager Stephen Mayer Sr. Planner [ ] Quasi-Judicial [ X 3 Legislative [ X ] Public Hearing Advertised: Date: 10/22/08 Paper: PB Post [XI Required / Affected parties: [ ]Notified [XI Not Required Costs: $NIA Total $- NIA- Current FY Funding Source: [ 3 Operating [XI Other NIA Budget Acct.#: NA City Council Action: [ ]Approved [ 3 App. w/ conditions [ ] Denied [ 3 Continued to: ~~ Attachments: 0 Ordinance 28,2008 0 Data and Analysis 0 Five Year Projection 0 CIE Support Document 0 Resolution 94,2005 0 Resolution 165,2005 0 Resolution 196,2004 0 Resolution 2 16,2004 0 Resolution 180,2002 0 School concurrency service area report 0 Ordinance 3 1,2007 Other Reviewers: Fire Chief Stephen Stepp, Police Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 2 of 8 EXECUTIVE SUMMARY The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE) to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be updated annually in accordance with Florida Statutes. BACKGROUND The proposed amendments to the CIE have been revised to be consistent with the recently approved Capital Improvement Program in accordance with Chapter 163.3 177, Florida Statutes. Staff has attached the most recently approved CIE update to the staff report (please see attachment Ordinance 3 1,2007). The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital Improvements Element well-coordinated with the rest of the elements of the Comprehensive Plan. Furthermore, staff must include the Five-Year Schedule of Capital Improvements that are needed to implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are achieved or maintained. Staff is also impelled to analyze the new mandatory general components of the Schedule: fiscal responsibility and identification of proportionate fair share projects for transportation. SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan. (Attached in Ordinance 28,2008) Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County School District Level of Service (LOS) and proposed school construction schedules. (Attached in Ordinance 28,2008) STAFF ANALYSIS Staff analyzed the following additional requirements of the annual CIE update and the consistency with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional Policy Plan. Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 3 of 8 Fiscal Responsibility The City is required to provide the revenue sources that will be used to fund each project and supporting data must demonstrate that sufficient revenues are currently available or will be available from committed funding sources for projects included in the first three years of the schedule. Staff has indicated the funding sources as part of the schedule (Table 9A). The City has transportation projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees. The City has attached the Development Order for those development projects that will be the expected funding source of road improvement projects (see attached “Data and Analysis”). The City demonstrates the anticipated funding sources and expenditures (Attached “Five Year Projection”), which illustrates that the City maintains excess revenues for every year within the planning period. Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being funded by general funds or impact fees and have been demonstrated to be financially feasible. Proportionate Fair Share The City is expected to identify any project that utilizes a proportionate-share process with regard to transportation concurrency. Currently, the City does not have any projects listed in the Schedule utilizing a proportionate fair share process. Please be advised that pursuant to Ordinance 3 1,2006, the City has adopted Land Development Regulations in order to adopt a proportionate-share program as required by Florida Statutes. Summary of De Minimis Records Report Pursuant to Section 163.3 180 (6), Florida Statutes, the City is required to submit a summary of de minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The summary should include the definition and approval process of developments having de minimis impact; existing conditions and deficient road links; de minimis trip activity on all applicable road links; and planned improvements included in the City’s CIE that resolve any existing deficiencies. Summary of the De Minimis Impact Records: Florida Statute section 163.3 180(6) requires a report to be included with the City’s annual updated CIE element when the city opts to adopt a de minimis exception to traffic concurrency. The City of Palm Beach Garden’s code allows specific projects to be exempt from traffic concurrency under certain conditions. The code, however, does not permit the exception of concurrency based on de minimis. None of the land development projects within the City were granted a traffic concurrency approval through an exemption based on a de minimis Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 4 of 8 determination. No summary of de minimis records is required because no de minimis based approvals were granted. Adoption of Projects by Reference Pursuant to Section 163.3 177 (3)(a) Florida Statutes, Section 163.3 180( 13)(d)l Florida Statutes, and Section 163.3 177 (6)(c), Florida Statutes, the City is required to adopt specific FDOTNPO, School District and Water Management District (WMD) projects by reference if the City is relying on these projects to ensure concurrency. The City shall adopt WMD projects within 18 months of the update to the South Florida Water Management District Regional Water Supply Plan, which is an issue included in the EAR-based amendments. However, staff must also include by reference the adopted Palm Beach County School Board 5-Year Facilities Plan and have attached the concurrency service area report of the County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will include by reference any FDOTMPO projects specific to meeting City concurrency, however, staff is not aware of any FDOTMPO project specifically addressing City roadways. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained within the City’s Comprehensive Plan. These changes described below provide for internal consistency between the amended CIE and the City’s Comprehensive Plan. Transportation Element: GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE ROADWAYS. Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be constructed within the next 5 years to maintain the City’s LOS as growth occurs. Recreation and Open Space Element: Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set forth by this element and to maintain such compliance in subsequent years. Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 5 of 8 Staff comment: The proposed amendment fulfills the objective to provide Recreation and Open Space by defining the year of the construction of certain infiastructure. Future Land Use Element: Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Staff comment: The proposed amendment fulfills the objective to provide utilities and services by defining the year of the construction of certain infiastructure. Public Safety Element: Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of the urban service area in an average time of 5.0 minutes or less. This standard shall be met in 90% of all calls and shall be measured on a district basis. The rural service area shall have an average 8.0 minute response time. Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed 1,150 calls per officer per year to serve the urban area. Community policing philosophy shall be utilized in the urban area and rural crime control strategies shall be utilized in the rural area. Staff comment: The proposed amendment fulfills the objective to provide emergency fire, rescue and police response by defining the year of the construction of certain in@astructure that facilitates those objectives. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Transportation Element Goal 1. A Level of Service It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 6 of 8 system which moves people, goods, and services in a safe, efficient, convenient and economical manner with minimal adverse impact to the environment. Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The CIE dejhes the year of the construction of certain roadway segments which allow the City and County to meet LOS while having the development community pay its pro-rata share. Capital Improvement Element Goal 1. Uses of the Capital Improvement Program It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the timing and to prioritize the delivery of public facilities and other capital projects; a program that supports the growth management Goal, Objectives and Policies of the Palm Beach County Comprehensive Plan and encourages efficient utilization of its public facilities and financial resources. Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County on the timing of facility, infiastructure and service improvements. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety. Staff Comment: The proposed CIE amendment includes the scheduled construction of a City thoroughfare roadway which will allow for an additional arterial to the State designated evacuation roadways. The proposed CIE also has identiJied a schedule for certain public safety improvements to improve the Police and Fire Departments. Regional Goal 5.1 - Lives and Property which are less susceptible to disasters. Staff Comment: The proposed CIE amendment includes scheduled improvements to the City s drainage system to reduce the number of high water and flooding incidents. Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 7 of 8 CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed comprehensive plan text amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The CIE amendment is consistent with the State s public facilities goal because the City has developed and will implement a schedule ofpublic facility and infrastructure needs which includes the anticipatedjnancing sources. Transportation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a State transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways that allow for alternate routes to major attractors and act as reliever roads to Military Trail and PGA Boulevard, both of which are State roads; thus reducing the need to expand either roadway. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring communities. PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board reviewed the subject petition at a public hearing on October 28,2008 and voted 7-0 to recommend approval to the City Council. Date Prepared: October 20,2008 Meeting Date: November 6,2008 Ordinance 28,2008 Page 8 of 8 STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 28, 2008, which provides for the adoption of the proposed amendments to the Capital Improvements Element of the City’s Comprehensive Plan, based on the following: 0 The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies of the City’s Comprehensive Plan; and The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies of the Treasure Coast Regional Planning Council Strategic Policy Plan; and The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies of Palm Beach County’s Comprehensive Plan; and The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies of Florida State Comprehensive Plan (Chapter 187, Florida Statutes.) 0 0 Date Prepared: September 18, 2008 Ordinance 28, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 28,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187, AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Development Plan on January 4, 1990; and WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005, which required an annual update of the Five-Year Schedule of Capital Improvements; and WHEREAS, Policy 9.1 .I .I. of the City’s Comprehensive Development Plan requires all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted level of service and which are over $50,000 in estimated costs to be included in the Five-Year Schedule of Capital Improvements; and WHEREAS, the City Council has determined that it is necessary to repeal Table 9A & Table 9B of the Capital Improvements Element and readopt same, as revised in order to update the Capital Improvements Element consistent with Policy 9.1.1.1. and Ordinance 8, 2005; and WHEREAS, on October 28, 2008, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, recommended approval of this amendment to the Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings and has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.3184, et seq., Florida Statutes; and 1 Date Prepared: September 18,2008 Ordinance 28, 2008 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the City Council finds that this amendment is consistent with the City’s comprehensive development plan; and WHEREAS, the City Council desires to adopt the amendment to the current comprehensive development plan to guide and control the future development of the City, and to preserve, promote and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Capital Improvements Element of the City’s Comprehensive Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised; providing that Tables 9A and 9B shall hereinafter read as follows: Table 9A CITY OF PALM BEACH GARDENS CAPITAL IMPROVEMENTS ELEMENT (this replaces the old Table 9a) FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS 1- 200812009 200912010 201012011 201112012 201212013 SOURCE TRANSPORTATION Research Parkway West of Grandiflora - $2,200,000 Developer Research Parkway East and South of Grandiflora - $2,800,000 Developer ResurfaceReconstruction Program $230,000 $230,000 $230,000 $230,000 $230,000 Gas Tax Gardens Drive Tum Lanes $500,000 Impact Fees Total $ 3,969,600 $ 7,220,700 $ 1,828,400 $ 12,079,500 $ 1,878,890 POLICE I - $450,000 General Fund RadioReceivedTransmitter - Westward Expansion 2 Date Prepared: September 18,2008 Ordinance 28, 2008 Total $3,564,737 $600,000 $250,000 $120,000 $755,000 FIRE RESCUE I I Total $223,748 $273,748 $163,748 $73,748 $73,748 <, . . 1. DRAINAGE I 1 I I $369,300 I $369,200 1 $368,400 I $367,000 I $369,800 1 GeneralFund 1 Stomater Debt Payments Total $368,700 $369,300 $369,200 $368,400 $369,800 PUBLIC FACILITIES I I I I I Fleet Maint Fire Rescue Unit - Replacements - $195,000 - $195,000 Fund Total $0 $0 $195,000 $0 $195,000 PARKS ZECREATION I I I I 3 Date Prepared: September 18,2008 Ordinance 28, 2008 Lilac Park LWCF Grant $400,000 Impact Fees PGA Park Phase Ill-Prior Year Cany Forward $332,000 Impact Fees PGA Park Phase IV FRDAP GRANT $400,000 Impact Fees City Park Phase Ill FRDAP GRANT $400,000 Impact Fees Gardens Park Sports Lighting - $1,36O,OOO General Fund Total $4,0f5,800 $2,025,000 $420,000 $925,000 $f,360,000 Lilac Park LWCF Grant $400,000 Impact Fees PGA Park Phase Ill-Prior Year Cany Forward $332,000 Impact Fees PGA Park Phase IV FRDAP GRANT $400,000 Impact Fees City Park Phase Ill FRDAP GRANT $400,000 Impact Fees Gardens Park Sports Lighting - $1,36O,OOO General Fund Grand Total All Elements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 $12,142,585 $4,488,748 $3,226,348 $13,566,648 $4,632,438 4 Date Prepared: September 18,2008 Ordinance 28, 2008 Table 9B CITY OF PALM BEACH GARDENS Summary of Capital Improvements Program (This replaces the old Table 9b) SDPBC Bbard Adopted, September 16, 2008 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page i On 6 Date Prepared: September 18, 2008 Ordinance 28, 2008 1 2 Rolling Green Elem ModernMim Roosevell Full Service Modemuation Royal Palm School Modernization Banyan Creek Elem Banyan Creek Elem Belle Glade Elem Ad Benoist Farms Elem 1.a2,sm Cholee Lake Elem PreK Cypress Trails Elem Brl Del Prado Elem Brick R Ed Plant Survey C Fad Indian Pines Elcm Addition Indian Pines Elem PreX &ny Thomas Elem Adaitm JF Kennedy Middle AthleticPleb 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 7 Date Prepared: September 18,2008 Ordinance 28, 2008 1 2 SDPRC BoaEd adapted, Septemkes 10, 2068 Limestone Creek Eleni Additi Maintenance Compound (South Maintenanoe Compound (Wed Maintenance Compound (West) Manatee Elem 26,*499 10,336.652 10 Seminole Trails €le Spanish River High SpanisH River High 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 P@&4 at 7 8 Date Prepared: September 18,2008 Ordinance 28, 2008 1 2 LCD Projector Instalstion Maintenance Projects Minor Projects FYO8 Carlyover Preventive MatntenMEe Relowtables - Leaslg Relocalabies - Relocation 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 9 Infrastructure Oeveloprne Mulh-Media Centers Call Center Snftware Classrwrn Data Cablinp - Date Prepared: September 18,2008 Ordinance 28, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 10 Date Prepared: September 18,2008 Ordinance 28, 2008 1 2 Document Imaging System ERP Hardware I bofhvan Image and RIP Creemn IT Portal Development School Netwolk Movaa-#&s-t%ngaa School Wirekss Networks Student System Aqpl~d-ad kM&bns@ Student System Enhancement 3 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 18,2008 Ordinance 28, 2008 SECTION 3. The City's Growth Management Administrator is hereby directed to transmit one (1) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency within ten (IO) working days of adoption, along with a copy of the executed adopting ordinance, ordinance effective date, a copy of the public hearing notice and all other necessary documents in accordance with Section 163.3187, et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government that has filed a written request for same. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. 'This amendment shall become effective thirty-one (31) days after adoption. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If the Ordinance is timely challenged by an "affected person" as defined in Chapter 163, Florida statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. (The remainder of this page left intentionally blank) 12 DATA AND ANALYSIS Staff analyzed the following additional requirements of the annual CIE update and the consistency with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional Policy Plan. Fiscal Responsibility The City is required to provide the revenue sources that will be used to fund each project and supporting data must demonstrate that suficient revenues are currently available or will be available from committed funding sources for projects included in the first three years of the schedule. StafT has indicated the funding sources as part of the schedule (Table 9A). The City has transportation projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees. The City has attached the Development Order for those development projects that will be the expected funding source of road improvement projects (see attached “Data and Analysis”). The City demonstrates the anticipated funding sources and expenditures (Attached “Five Year Projection”), which illustrates that the City maintains excess revenues for every year within the planning period. Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being funded by general hds or impact fees and have been demonstrated to be financially feasible. Proportionate Fair Share The City is expected to identify any project that utilizes a proportionate-share process with regard to transportation concurrency. Currently, the City does not have any projects listed in the Schedule utilizing a proportionate fair share process. Please be advised that pursuant to Ordinance 3 1, 2006, the City has adopted Land Development Regulations in order to adopt a proportionate-share program as required by Florida Statutes. Summary of De Minimis Records Report Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The summary should include the definition and approval process of developments having de minimis impact; existing conditions and deficient road links; de minimis trip activity on all applicable road links; and planned improvements included in the City’s CIE that resolve any existing deficiencies. Summary of the De Minimis Impact Records: Florida Statute section 163.3180(6) requires a report to be included with the City’s annual updated CIE element when the city opts to adopt a de minimis exception to traffic concurrency. The City of Palm Beach Garden’s code allows specific projects to be exempt from traffic concurrency under certain conditions. The code, however, does not permit the exception of concurrency based on de minimis. None of the land development projects within the City were granted a traffic concurrency approval through an exemption based on a de minimis determination. No summary of de minimis records is required because no de minimis based approvals were granted. Adoption of Projects by Reference Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177 (6)(c), F.S. Statutes, the City is required to adopt specific FDOTMPO, School District and Water Management District (WMD) projects by reference if the City is relying on these projects to ensure concurrency. The City shall adopt WMD projects within 18 months of the update to the South Florida Water Management District Regional Water Supply Plan, which is an issue included in the EAR-based amendments. However, staff must also include by reference the adopted Palm Beach County School Board 5-Year Facilities Plan and have attached the concurrency service area report of the County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will include by reference any FDOTMPO projects specific to meeting City concurrency, however, staff is not aware of any FDOT/MPO project specifically addressing City roadways. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained within the City’s Comprehensive Plan. These changes described below provide for internal consistency between the amended CIE and the City’s Comprehensive Plan. Transportation Element: GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE ROADWAYS. Staff Comment: Table PA of the CIE proposed amendment describes several roadway links to be constructed within the next 5 years to maintain the City’s LOS as growth occurs. Recreation and ODen Space Element: Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set forth by this element and to maintain such compliance in subsequent years. Staff comment: The proposed amendment firfills the objective to provide Recreation and Open Space by defining the year of the construction of certain inpastructure. Future Land Use Element: Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Staff comment: The proposed amendment filfdls the objective to provide utilities and services by defining the year of the construction of certain in9astructure. Public Safetv Element: Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of the urban service area in an average time of 5.0 minutes or less. This standard shall be met in 90% of all calls and shall be measured on a district basis. The rural service area shall have an average 8.0 minute response time. Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed 1,150 calls per officer per year to serve the urban area. Community policing philosophy shall be utilized in the urban area and rural crime control strategies shall be utilized in the rural area. Staff comment: The proposed amendment fuIfiIls the objective to provide emergency fire, rescue and police response by defining the year of the construction of certain inpastructure that facilitates those objectives. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Transportation Element Goal 1. A Level of Service It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation system which moves people, goods, and services in a safe, efficient, convenient and economical manner with minimal adverse impact to the environment. Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The CIE defines the year of the construction of certain roadway segments which allow the City and County to meet LOS while having the development community pay its pro-rata share. Capital Improvement Element Goal 1. Uses of the Capital Improvement Program It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the timing and to prioritize the delivery of public facilities and other capital projects; a program that supports the growth management Goal, Objectives and Policies of the Palm Beach County Comprehensive Plan and encourages eficient utilization of its public facilities and financial resources. Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County on the timing of facility, infrastructure and service improvements. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety. Staff Comment: The proposed CIE amendment includes the scheduled construction of a City thoroughfare roadway which will allow for an additional arterial to the State designated evacuation roadways. The proposed CIE also has identiJied a schedule for certain public safety improvements to improve the Police and Fire Departments. Regional Goal 5.1 - Lives and Property which are less susceptible to disasters. Staff Comment: The proposed CIE amendment includes scheduled improvements to the City’s drainage system to reduce the number of high water and flooding incidents. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The CIE amendment is consistent with the State’s public facilities goal because the City has developed and will implement a schedule of public facility and infrastructure needs which includes the anticipatedfinancing sources. Transoortation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a State transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways that allow for alternate routes to major attractors and act as reliever roads to Military Trail and PGA Boulevard, both of which are State roads; thus reducing the need to expand either roadway. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring communities. Revenues Revenues Expenditures Personnel & Operating Capital Outlay Debt Service Tiansfem Subtotal Expenditures JMPAC~UNII S Revenues FLEET FUND. Revenues Expenditures Ptrsonnel& Operating Transfers TOTAL REVENUES TOTAL EXPENDITURES Balance Canyforward Current Year Change Ending Balance 29.09 2010 2011 2 1 8 858 18 47 ,007 5 7 4,018 2,210,490 4,191 City of Palm Beach Gardens Impact Fee Analysis by Fund ' 5 Year Projections Recreation Impact Fund Analysis 2009 201 0 201 I 2012 2013 Total Commercial Impact Fees 303,900.00 Total Residential Impact Fees 360.985 00 1.418,828.00 837,066.67 837,066.67 637.066.67 Total Impact Fee Revenue 360,985.00 1,418,828.00 837,066.67 1,140,966.67 837,066.67 Total Other Revenue 648,965.00 Total Revenue 1,009,950.00 1.418.828.00 837,066.67 1,140,966.67 837,066.67 Capital Projects 2,200,000 1,500,000 Balance Carryforward 1,526,104.00 336,054.00 254,882.00 1,091,948.67 2,232,915.33 Current Year Change (1,190,050.00) (81,172.00) 837,066.67 1,140.966.67 837.066.67 Ending Balance 336,054.00 254.862.00 1,091,948.67 2,232.915.33 3,069,982.00 Police Impact Fund Analysis 2009 2010 2011 2012 2013 Total Commercial impact Fees 80,661.92 33,232.49 50,836.44 90.241.27 65,292.36 Total Residential Impact Fees 189,225.28 111,637.33 111,637.33 111,637.33 Total ImDact Fee Revenue 80,661.92 222.457.77 162.473.77 201.878.60 176,929.69 Total Other Revenue 2,629,832.00 Total Revenue 2,710,493.92 222,457.77 162,473.77 201,878.60 176,929.69 Capltal Projects 2,600,000 500,000 250,000 Balance Carrvforward 1.350.802.00 1.461.295.92 1.183.753.69 1.096.227.46 1.298.106.06 Current Yearkhange 110.493.92 (277,542.23) (87,526.23) 201.878.60 176,929.69 Ending Balance 1,461,295.92 1,183,753.69 1,096,227.46 1,298,106.06 1,475,035.76 Flre Impact Fund Analysls 2009 2010 2011 2012 2013 Total Commercial Impact Fees 237,178.90 143,912.72 192.745.60 287,893.33 190.297.00 Total Residential Impact Fees 217,412.00 128,268.67 128,266.67 128266.67 Total Impact Fee Revenue 237,178.90 361,324.72 321,012.26 416,160.00 318,563.66 Total Other Revenue 12,786.00 Total Revenue 249,964.90 361,324.72 321.012.26 416,160.00 318,563.66 Capltal Projects 110,000.00 Debt Service 76,911.00 Transfen 600.000,M) Total Expenditures 676,911.00 110,000.00 Balance Carryforward 769.913.00 342.966.90 594291.62 915.303.88 1,331.463.88 Current Year Change (426.946.10) 251,324.72 321.012.26 416.160.00 318,563.66 Ending Balance 342.966.90 594.291.62 915.303.88 1,331,463.88 1,650,027.55 Road Impact Fund Analysis 2009 2010 2011 2012 2013 Total Commercial Impact Fees 740,646.81 407,436.19 419.867.05 522,746.67 485.663.25 Total Residential Impact Fees 664,892.00 392,268.67 392.266.67 392,266.67 Total impact Fee Revenue 740.646.81 1.072.328.19 812,133.72 915,013.33 877,929.91 Total Other Revenue 170.749.00 Total Revenue 911,395.81 1,072,328.19 812,133.72 915,013.33 877,929.91 Capital Projects 757,000.00 500.000.00 1.000,OOO.OO 500,000.00 Debt Servlce (Transfers) 702.802.00 691,677.00 699.440.00 700.490.00 699.890.00 Total Expendlturer 1,459.802.00 691,677.00 1,199,440.00 1,700,490.00 1,199,890.00 Balance Carryforward 5.533.282.00 4,984,875.81 5,365,527.00 4,978,220.72 4,192,744.05 Current Year Change (548,40&19) 380,651.19 (387.306.28) (785.476,67) L321.960.09). Ending Balance 4.984.875.81 5,365.527.00 4,978.220.72 4,192,744.05 3.870.763.97 CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT SUPPORT DOCUMENT TABLE OF CONTENTS Section List of Tables I. INTRODUCTION Purpose Projected Growth 11. DATA AND ANALYSIS Level of Service (LOS) Definitions Location and Timing Existing Sources of Revenue and Expenditures Taxes Intergovernmental Revenues Charges for Services Fines and Forfeitures Miscellaneous Revenues Other Miscellaneous Revenues Special Assessments Borrowing Grants Oata Analysis Fiscal Implications of Existing and Projected Deficiencies Assessment of Ability to Finance Improvements Paqe TABLE OF CONTENTS (continued) 111. CAPITAL IMPROVEMENTS IMPLEMENTATION Transportation Sanitary Sewer and Potable Water Solid Waste Surface Water Management Recreation Public Safety Implementation Programs IV. MONITORING AND EVALUATION LIST OF TABLES Page 9-1 Level-of-Service Standards 9-2 Projected Revenues 9-3 Debt Service Data and Ratios 9-4 Five-Year Schedule of Capital Improvements for which the City has Financial Responsibility 9-5 Recreation Facility Standards CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT SUPPORT DOCUMENT 1. INTRODUCTION Purpose Section 163.31 77 (3), Florida Statutes, 1987 Ed., requires all local comprehensive plans to contain a “...Capital Improvements Element designed to consider the need for and the location of public facilities in order to encourage the effective utilization of said facilities”. . The purpose of the Capital Improvements Element is then to implement the provisions of the City of Palm Beach Gardens Comprehensive Plan by: 1. 2. 3. 4. 5. 6. 7. Using timing and location of capital projects to provide services to support growth in areas where the City can efficiently and effectively provide services, and to avoid placement of capital facilities in locations which would promote growth in areas which cannot be efficiently served. Establishing a system of examining and assigning priorities to the needs of the City, assuring the most essential improvements are provided first. Coordinating the timing and location of capital improvements with other local governments, special districts, and state agencies to maximize the benefit from public capital improvement expenditures, minimize the disruption of services to the public, and implement land use and infrastructure decisions. Allowing time in advance of actual need to provide for sufficient facility planning, design, and construction. Coordinating financial planning to maximize the benefit of public funds. Providing cost information on a timely basis for the evaluation and formulation of alternative financing programs. Providing for a concurrency management program. 1 Proiected Growth Table 1-1 indicates the permanent population of the City of Palm Beach Gardens is projected to increase 21% over the period 2000 to 2005. However, a large demand for public facilities will come from those persons who will travel from surrounding communities to work or shop in the ever-increasing commercial and mixed-use developments that are projected to occur during the same time period. 2 II. DATA AND ANALYSIS Level of Service (LOS) Definitions Level-of-Service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. LOS standards indicate the capacity per unit of demand of each public facility. They are, in short, a summary of existing or desired public facility conditions. Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC), now require LOS standards to be included for public facilities addressed by local governments in their comprehensive plans. Specifically, these LOS standards will be established for the purpose of issuing development orders or permits to ensure that adequate facility capacity will be maintained and provided for future development. LOS standards can affect the timing and location of development by encouraging development in areas where facilities may have excess capacity. On the other hand, development will not be permitted unless needed facilities and services are provided concurrent with the impact of the development. However, such provision and development may occur in phases over time. The City is divided into two distinct service areas by the Urban Growth Boundary. This boundary, which is currently located at the Loxahatchee Slough, separates the City into the "urban" area to the east and the lIrural" area to the west. The City has established dual LOS standards for the distinct urban and rural areas of the City. The urban area is served by a full complement of public services and facilities where efficient and cost- effective service delivery can be accomplished. The rural area has limited services. Land uses in the rural area will receive public services at levels coinciding with the desired rural characteristic of the area. Some services/facilities, such as recreation facilities, will not be provided within the rural area at all. Table 9-1 contains LOS standards for the City of Palm Beach Gardens which will be used to evaluate and monitor the implementation of this Comprehensive Plan: 3 Table 9-1 LEVEL OF SERVICE STANDARDS TRAFFIC CIRCULA TlON Facility Type Neighborhood Collector City Collector County Minor Arterial State Minor Arterial State Principal Arterial FlHS Roads Beeline Highway Excepted Links per Table 2A SEWAGE SERVICE SOLID WASTE Generation per capita: Collection: DRAINAGE WATER SERVICE URBAN AREA RURAL AREA LOS for Peak Period in Peak Season D D D E D D D SANITARY SEWER 107 gallons per day per capita 7.1 3 Ibs per day Twice per week 3 day, 25 year event event POTABLE WATER 191 gallons per day per capita RECREATION AND OPEN SPACE 3.7 acres of improved neighborhood and community parks per 1,000 permanent residents SEPTIC TANKS Per' DEP and Public Health Department Regulations 7.13 Ibs per day Once per week 3 day, 25 year D D D E D C - Park and recreation facilities will be located to serve the entire city population, and in most cases will be in the urban area. WATER WELLS Per DEP and Public Health Department Regulations 4 PUBLIC SAFETY Fire/EMS Police: 5 minute response Require well-based time to 90% of all calls, on a district basis sprinklers for all structures; fire service with tanker trucks; 8 minute average response time. 1150 service calls per officer crime control strategies per year; Community Policing Philosophy Zone patrol based on rural PUBLIC SCHOOLS 110% utilization rate or up to 120%, per Policies 11.1.1.1 and 11.1.1.4of the PSF Element Location and Timing Location and Timing of Services and Facilities As well as divide the City into distinct service areas, the Urban Growth Boundary (UGB) shall be used to guide the timing and location of construction, extension, or increases in capacity of each public facility. Generally, public services shall not be extended at urban levels of service within the rural area. A super majority vote of Council is required to approve the extension of urban services or use of alternative service mechanisms in the “rural” area. The Loxahatchee Slough provides a physical divide in the City. Extension of most services and facilities west of the Slough will not be as cost-effective as in the urban area. The difference in the cost of service delivery should be borne by the use. While the Slough represents the logical boundary between urban and rural, the location of the UGB may be evaluated every five years with the Evaluation and Appraisal Report. Redesignation of the UGB must be supported by data which demonstrates, at a minimum, the logical extension of services and facilities west of the Slough, the availability of facility capacities to serve additional land uses, and the appropriate timing of service extension given the amount and location of developed land in the existing urban area. Growth Strategies The City’s Future Land Use Map and accompanying growth strategies prevented urban sprawl within the community during the Evaluation and Appraisal Report period (1 990- 2003). However, much of the credit to preventing urban sprawl can be given to the City’s concurrency management system and market conditions. The City had used a Planned Development Area (PDA) zoning designation as the mechanism for the Comprehensive Plan growth strategy. The designation had been applied to all undeveloped land in the City, which have no active development order other than vested status granted by the City or Palm Beach County. 5 The PDA zoning designation created a “holding zone” for these areas until development is requested. Theses areas can only be developed as a Planned Community District or Planned Unit Development. This allowed for more innovative and beneficial projects being approved by the City and subsequently developed. Environmental lands within the City received additional protection during the evaluation period as Palm Beach County began the negotiating process to purchase approximately 10,715 acres of environmentally-sensitive lands in the City through the County’s Environmentally Sensitive Lands Acquisition Program. This land , which is approximately 31 percent of this City’s acreage, will be set aside for conservation purposes. This will preserve these environmentally-sensitive lands from future development pressures. In addition, the City adopted its Natural Resources and Environmentally Significant Lands Code in 1993. This code calls for the minimum 25% preservation of upland native plant communities within a proposed development site. The Code also calls for the preservation of wetlands, and it allows the mitigation of wetlands only if specific criteria are met. Since the Code adoption, all developments have been required to preserve large quantities of environmentally-sensitive lands on the development sites. The City Codes not only help prevent urban sprawl within the community, they also preserve the City’s natural resources. In addition to the PDA concept, the UGB concept is an implementation strategy that controls growth by specifying the type and level of public services that will be provided in the rural and the urban areas. Persons and businesses desiring a full complement of services should locate east of the UGB within the urban area. Existinn Sources of Revenue and Expenditures The City of Palm Beach Gardens has available to it a number of revenue sources for operating costs and capital improvements. Most of these sources are discretionary and may be used by the City for whatever purpose deemed appropriate, while other sources may be used only for specific programs. Therefore, except for the designated funds, the City uses a lump sum total for all discretionary funds for budgeting purposes and does not assign specific discretionary revenue sources to specific expenditures. The following section lists revenue sources currently available to the City and indicates whether their use is discretionary or dedicated. 6 - Taxes Ad Valorem Taxes Ad valorem, or property taxes, are based on two types of property: real property (land and improvements) and tangible personal property (business fixtures, equipment, and machinery). Ad valorem tax rates are expressed as a millage rate, which is applied to taxable values to calculate the property tax to be paid. One mil is the equivalent of $1 per $1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may be used to fund both operating expenditures and capital projects. The value of property for tax purposes is established by the County Property Appraiser, an elected and constitutionally established officer. All property is appraised at its just value according to Sections 192.042 and 193, Florida Statutes, limiting each taxing entity to a maximum millage of 10 mils, excluding voter-approved debt service. Current Status: Ad valorem revenues represent the City of Palm Beach Gardens’ largest single revenue source. These funds are discretionary in their use. The City millage rate, excluding voter-approved debt service, for fiscal year 1997-1998 is 3.9147. The 1997-1998 aggregate assessed value is $3.089 billion, a 5.0% increase over the previous fiscal year. The increase is due to re-evaluation of existing construction and to new construction. The total City taxes, including noted debt for FY 97/98, are expected to be $12.298 million. Local Option Tax The State provides for a twelve-cent local option gas tax. State statutes call for the revenue to be used for transportation expenditures. In Palm Beach County, all twelve cents of the local option gas tax are currently being used to finance the five-year road program. The County receives approximately two-thirds of the local option gas tax revenues; the remaining one-third is shared locally among municipalities based on interlocal agreements. Current Status: The twelve-cent local option gas tax generates approximately $48.5 million per year. Palm Beach Gardens receives over $400,000 annually. Franchise Tax Franchise taxes are levied on the revenues received within the City by Florida Power and Light, Southern Bell and Telegraph, Adelphia Cable Television Company, and the Solid Waste Authority. 7 Current Status: Franchise taxes generate approximately $2.363 million annually. Licenses and Permits These fees are collected by the Planning and Zoning, Building, and Code Enforcement Divisions for the issuance of building permits, occupational and contractor licenses, and plan reviews. Current Status: Approximately $3.52 million per year is generated by these fees. The use of these funds is discretionary. Intergovernmental Revenues State Sources The City of Palm Beach Gardens receives annual disbursements from the State of Florida to supplement its annual operating and capital budget revenues. The City currently receives shares of the State’s cigarette tax, alcoholic beverage tax, half-cent sales tax, and other miscellaneous State-shared revenues. These revenues contribute approximately $2.277 million annually to the City. Current Status: Cigarette Tax - Cigarettes are currently taxed at 33.9 cents per pack, of which 5.8% of the net collections is placed in a Revenue Trust Fund for cities. The City of Palm Beach Gardens received approximately $1.8 million in fiscal 1994. Alcoholic Beverage Tax - This fund generates approximately $24,000 annually in revenues for the City. Half-Cent Sales Tax - The current sales tax in Florida is 6% and is levied upon retail sales, commercial rental, admission fees to entertainment facilities, and motor vehicles sales. One-half cent is returned to municipal governments. The City of Palm Beach Gardens receives $1.5 million annually. Mobile Home Licenses - This fund generates approximately $1 5,000 annually in revenues for the City. County Occupational Licenses - These licenses contribute approximately $65,000 annually for the City. Other State-Shared Revenues - This category includes all other miscellaneous State- shared revenue sources such as fuel tax refund, motor vehicle licenses, motor boat licenses, beverage license tax, and insurance license tax. These revenues total approximately $500,000 annually for the City. 8 Charaes for Services User charges are designed to recoup the costs of public facility services by charging those who directly benefit from them. They are employed in many areas of local government service to defray the cost of constructing and maintaining public facilities and are a common source of funds for paying off revenue bonds. As a tool for affecting the pace and pattern of development, user charges may be designed according to the quantity and location of the services provided. Current Status: The City of Palm Beach Gardens collects fees for the use of cultural and recreation facilities such as swimming pools and tennis courts. These fees generate approximately $40,000 in revenues annually. In addition, fees are currently being collected for EMS transport, false alarms, engineering, parkway tree sales, administrative services, and the use of the City’s golf course. The golf course fees amount to approximately $1.8 million annually, while the other fees contribute approximately $1.4 million annually to the City. Fines and Forfeitures The City collects $200,000 annually for minor violations of City ordinances and regulations. Miscellaneous Revenues lmeact Fees Impact fees, as they have been used in Florida, assess to new development a pro rata share of the cost of providing the additional public facilities required to meet the needs of the new development. These fees are designed to pay for infrastructure needs, but not operating costs, which result directly from new development. In order to comply with legal standards, impact fees must be reasonable (fairly reflect the cost of the improvements) and equitable. Current Status: Road Impact Fee - The City currently collects a Road Impact Fee for Palm Beach County. These funds are transferred to the County for transportation improvements in the County’s Zones A through D. Approximately $1 .I million are added annually to this fund. Currently, the City is considering a city road impact fee for fiscal year 1998/1999. No fee generation figures are available. 9 In 1995, the City began to collect impact fees from new development for police and fire protection. It is estimated that a total of $80,000 will be collected during the 199511996 fiscal year. No projections have been made for these revenues. The City's Code of Ordinances was recently amended by Ordinance 39,1997 to include EMS and park and recreation facility impact fees and increase police and fire protection impact fees. No collected dollar amounts are yet available for these revenues. However, according to a memorandum by James Duncan and Associates, the increase in police and fire fees is expected to raise annual revenues by 100% to 123%. The commencement of the park and recreation facility impact fee is anticipated to increase annual revenues by 54%. Interim Service Fees Interim service fees are collected from all new development prior to their addition to the tax roles. The funds are used to finance solid waste disposal services and amount to more than $30,000 annually in the City. Interest The City pools significant amounts of cash and investments so as to maximize earnings and facilitate management. Cash and investments of certain funds are maintained separately due to legal and bond requirements. The interest earnings of each fund are dedicated back to the fund which provided the invested case. Current Status: The City currently earns approximately $600,000 annually in interest. Other Miscellaneous Revenues Current Status: Approximately $1 50,000 in various revenues is anticipated annually for the City. Special Assessments Special assessments are levies approved against certain properties which will directly benefit from a new service or facility. Revenues from special assessments help defray the cost of specific improvements on services. These improvements on services are presumed to be of general benefit to the public and of special benefit to the assessed properties themselves. Current Status: The City of Palm Beach Gardens levies no special assessments currently. However, several special assessment districts under the jurisdiction of the North Palm Beach County Improvement District (NPBCID) are located within the City limits. The assessments in these districts would pay for roads, canals, and stormwater management systems within large developments such as PGA National, Frenchman's 10 Creek, and the Regional Shopping Center. The MacArthur Foundation has proposed establishing special assessment districts in the areas that are to be annexed by the City of Palm Beach Gardens. The NPBCID would collect the assessments and fund the construction of the roads, canals, stormwater management system, and the proposed naturelpedestrian trails. Growth would then pay for itself. Some revenues, however, would be shared with the cities to improve existing arterials. Borrowing General Obligation Bonds These bonds are backed by the full faith and credit of the local government and may be issued only if approved by voter referendum. General obligation bonds are among the most stable financial instruments and are available to individual and institutional investors at low interest rates. Revenues collected from ad valorem taxes on property and other sources of revenue, including sales taxes, are used to service the government’s debt. Capital improvements financed through general obligation bonds should benefit the entire community rather than particular areas or groups. Current Status: The City issued a bond in the amount of $4,400,000 in December 1996 to partially pay for the cost of a new City Hall, police station, an addition to the main fire station, recreational improvements to Gardens Park, and the acquisition of Westminster Presbyterian Church. The bonds have an interest rate of 4.95%, and principal payments will be made from December 1 , 1997, through December 1 , 2016. More bonds will continue to be issued through September 1997 until a total of $12 million - $14 million in obligation is reached. Revenue Bonds Revenue bonds can be broken down into two categories: nonself-supporting debt and self-supporting debt. Non-self supporting debt refers to those bond issues which are supported from specific revenue sources other than property taxes and enterprise earnings. Self-supporting debt refers to bonds of enterprise operations which generate sufficient revenues to meet the debt service requirements. Revenues obtained from the issuance of these bonds are used to finance publicly- owned facilities. Charges collected from users of these facilities are used to retire the bond obligation. Interest rates tend to be higher than those of general obligation bonds, and the issuance of the bonds may be approved by the City Council without voter referendum. Current Status: A revenue bond was issued in 1990 for the purchase of the City’s golf course for approximately $8.1 million. As of September 1996, the City had an outstanding balance of $7.5 million, with an interest rate which varied from 6.6% to 7.25%. 11 Grants The City of Palm Beach Gardens is eligible to apply for both federal and state grant funding. Grants are awarded to local governments for community and social service needs and capital improvements. These grants may be received directly or may be passed through from an agency to be administered by the City in accordance with appropriate guidelines. Current Status: The City received $1 50,000 from the State of Florida for the conversion to natural gas fuel for City vehicles. In fiscal year 1997/1998, the City will receive $210,000 from the State for the construction of a fueling station at the public works site. Data Analysis Local Practices for Guidinq Public Facility ImDrovements The City of Palm Beach Gardens uses the annual budgeting process to identify capital improvements and staffing requirements. Each of the City’s departments identifies staffing and capital improvement needs they wish to have funded in the next fiscal year. The City Manager assembles all funding requests and presents a prioritized list to the City Council. The Council then holds public hearings, hears public input, and then votes on the improvements and staffing levels to be adopted as part of the City’s budget process. Not included in the process are capital improvements that are funded through long-term bonds or services and facilities that are provided by private suppliers and other public agencies. The direct costs of these facilities are paid for by the service user through impact fees, users fees, or other special assessment. The City prioritizes requests for capital improvements using two factors: the immediate need for improvement and the availability of funds. Those improvements, which if not completed will have significant impact on public health, safety, and welfare, take priority. Additionally, adopted LOS standards will guide the location and timing of capital improvements to support efficient development and the goals, objectives, and policies of the Future Land Use Element. The plans of other agencies, including the South Florida Water Management District, Palm Beach County Traffic Division, and Seacoast Utility Authority will also be considered and will assist in guiding the location and timing of capital projects. Those improvements for which a specific revenue source is available are given priority over those requiring discretionary funds. The amount of discretionary funds available and the need for the improvement will determine which of the remaining improvements will be funded. 12 Fiscal Implication of Existinq and Projected Deficiencies Existing and Project Deficiencies As discussed in other elements of this Comprehensive Plan, the City of Palm Beach Gardens has no existing deficiencies. However, there are projected needs in parks and recreation facilities and police and fire/EMS services. It is expected that impact fees and developer contributions will meet most of these needs; however, a bond issue may be necessary for a new fire station. Police, firelEMS, and parkshecreation impact fees will ensure that growth will pay its pro rata share of facility improvements. The impact fees will also ensure that no negative fiscal impacts will be incurred by the City. The recreation needs, costs, and revenues and police and fire needs, costs and revenues are discussed in more detail in the Capital Improvements Implementation section of this Element. Public Education and Health Facilities The City Council adopted an interlocal agreement between the municipalities of Palm Beach County, Palm Beach County, and the School District of Palm Beach County on December 21 , 2000. This interlocal agreement established a county-wide public school concurrency requirement to limit public schools from overcrowding. This agreement included requirements for intergovernmental coordination, planning for new school facilities, schools opening concurrently with residential developments, and the ability of the School District of Palm Beach County to review all development order requests for consistency with the district's Five-Year Capital Facilities Plan. As required by the interlocal agreement, on December 6, 2001, the City Council adopted a Public Schools Facilities Element in the Comprehensive Plan. The purpose of this element is to ensure that adequate public school facilities exist for student growth. This element is implemented by utilizing the adopted Level of Service Standards (LOS) for school capacity. The element also takes into account demographic changes, population growth, and development trends. The School Board of Palm Beach County has three elementary schools, two middle schools, and two high schools within the City of Palm Beach Gardens. Palm Beach Gardens Elementary on Riverside Drive generally serves the northwestern portion of the City. Allamanda Elementary on Allamanda Drive provides educational services east of the FEC railroad tracks. Timber Trace Elementary generally serves the City's developing areas north of PGA Boulevard. Other portions of the City are served by schools within the boundaries of North Palm Beach. Howell Watkins Middle School on MacArthur Boulevard, Watson B. Duncan Middle School off Central Boulevard, Palm Beach Gardens High School on Holly Drive, and Dwyer High School on North Military 13 Trail serve students citywide. The School Board establishes school attendance boundaries to achieve racial balance objectives. As a result, proximity to a school is not an indicator of attendance assignment to the school. A branch campus of Palm Beach Community College, located on PGA Boulevard east of AlA, provides continuing education services to the northern portion of Palm Beach County. On February 19, 1999, the City Council approved plans that expanded this facility. The expansion included a 12,000 square-foot edu-care facility and a 32,000 square-foot media technology center. Florida Atlantic University has recently opened the Macarthur campus at the Abacoa Town Center in Jupiter. This full service campus is utilized by residents of the City and surrounding areas. Palm Beach Gardens Medical Center on Burns Road is the primary health care facility within the City. This facility provides health and emergency care services to the residents of the City and the surrounding areas. A multi-phase expansion project began on May 12,1997, and was completed on December 5, 1997. This expansion included a cauterization laboratory and an expansion of the intensive care unit. Assessment of Abilitv to Finance Improvements General Budcret Although the City of Palm Beach Gardens has few projected facility deficiencies for which it is responsible, revenue and expenditure projections are important for the planning of improvements and programs it wishes to undertake. The most important source of revenue is the ad valorem tax. Although the City’s millage rate has decreased slightly since 1987, the assessed valuation has continued to increase. The major factors which have influenced the increase in assessed property values are the revaluation of existing construction, land adjusted to current market values, the addition of developed properties in annexation areas, and new construction which is added annually to the tax rolls. Of Florida cities with greater than 25, 000 residents, Palm Beach Gardens is the fastest growing municipality (by percentage) in the State. According to the University of Florida Bureau of Economic and Business Research (BEBR), the City’s population grew 38.95% froml990-1996. This statistic is supported by the City’s records of single-family building permits issued between 1990 and 1995. Based on a high of 1,51 7 and a low of 505 permits issued, the average was 761 permits per year. The City is witnessing the addition of 800 single-family residences valued at $250,000 to over $1 million, 400 multi-family units, and over 600,000 square feet of commercial space per year. Total projected revenues from all sources are shown in Table 9-2. 14 Net General Obliaation Debt to Taxable Property Values The first ratio presented in Table 9-3 is the ratio of net general obligation debt to taxable property values. This ratio indicates the proportion of general obligation debt, net of any debt service reserves, to the taxable values that can be assessed to support that debt. Ratios in the range of 3% to 5% are considered acceptable. Palm Beach Gardens currently has a ratio of 0.01%. This ratio is projected to increase to 0.31% in fiscal year 199611997, and then increase once again in 1998 with the expected issuance of bonds to finance construction of a fire station, public works facility, and the purchase of a district park. Net General Obliclation Debt Per Capita This ratio indicates the net amount of general obligation debt per person in the City. Per capita debt ratios of $300 to $500 are considered acceptable. The City’s current ratio in fiscal year 199511996 was $7.18. It is projected to increase significantly in future years (to $495.34 by fiscal year 1998/1999). 111. CAPITAL IMPROVEMENTS IMPLEMENTATION This section addresses public facility deficiencies for which the City has financial responsibility in accordance with Rules 9J-5.005 (I) (c) and 9J-5.016 (4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the City has financial responsibility. These include all local roads and two collectors, a limited drainage network, police, fire/EMS, and recreational facilities. Major transportation links and potable water, sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. Tranmortation All arterial roads within the City belong to either the County or the State. The City is responsible for only the local streets and two collectors. Only one of these City facilities has either an existing deficiency or a deficiency projected within the next five years. As is discussed further in the Transportation Element, Burns Road cannot be expanded to its planned cross-section until 1-95 is widened and the Burns Road underpass is of a width appropriate for a four-lane collector. This 1-95 improvement will not occur within 15 the next five years; therefore, Burns Road is a temporarily constrained facility. The only expenditure necessary for the City-owned street system is ongoing maintenance. The maintenance costs are covered under the operations portion of the City budget and do not meet the cost threshold ($50,000) established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system, and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project-generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the City are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was purchased by a consortium of cities, including Palm Beach Gardens and the County. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance, or expansion of the potable water or sewer systems. Solid Waste Through the use of an independent contractor, the City of Palm Beach Gardens provides residential solid waste pick up. However, under statutory agreement, all solid waste generated in the City must be taken to facilities owned and operated by the Solid Waste Authority of Palm Beach County (SWA). Thus, the City has no financial responsibilities for any sold waste disposal facilities. Surface Water Management The City owns portions of a small drainage system located in the oldest portions of the City. No existing deficiencies have been identified, as the existing development meets the established LOS standards. While the areas served by the facilities are almost built out, any redevelopment or new development will conform to the LOS standards established for new development. Therefore, no deficiencies are projected. Sub-basin drainage studies and post-October 1995 flood system assessments may identify improvements needed to maintain level of service. A few of these improvements may be needed in the City's limited portion of the surface water management system. At this time, the only expenditures necessary for the system are ongoing maintenance. 16 The maintenance costs are covered under the operations portion of the City budget and do not meet the cost threshold ($50,000) established by this Comprehensive Plan to be classified as capital improvements. The remainder of the drainage system in the City is under the jurisdiction of the Northern Palm Beach County Improvement District (NPBCID) which is responsible for the system operation, maintenance, and expansion. Existing development conforms to the established LOS standards; therefore, no deficiencies have been identified. All future development areas of the City are expected to be serviced by NPBCID systems. These systems shall meet the LOS standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the City. The County provides some regional facilities in areas near the City; however, the recreation LOS standard established by this plan includes only City- owned neighborhood and community facilities. Therefore, the City is solely responsible for insuring the LOS standard is met. Table 7-5 in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the City will have needs for additional improved park land during the next five years. As discussed in that element, this deficit is to be made up through new development dedications and fees collected through the recently- enacted recreation impact fee. The recreation impact fee is to be designed such that all new development will contribute land and/or funds at a level necessary to maintain the adopted LOS of 3.7 acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9-4 indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs beginning in the year 2000. This deficiency may be eliminated through the improvement of an 8-acre parcel on Howell Lane that was dedicated to the City for recreation purposes, yet remains vacant. The City also has a 9-acre parcel which it just purchased on Lilac Street which is being planned for recreation facilities. Improvement of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002. The acreage needs are calculated by multiplying the projected population for each year by the adopted LOS and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1-2 of the Future Land Use Element. The precise location of the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9-4 are expected to be located east of the Florida’s Turnpike with a majority located east of 1-95. All of the recreational improvements, as shown in Table 9-4, are consistent with other elements of the Comprehensive Plan. 17 The cost per acre presented in Table 9-4 is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at $95,000 per acre for a total of $1 55,000 per acre improved recreation facilities. The land costs used herein are based on the average value of an acre of land within the City. The facility improvements costs are based on the estimated development costs of an acre of park land according to calculations derived for the parks and recreation impact fee. Depending on the amount of land and number of facilities obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. Larger-sized parks are more in keeping with the City's current desire to develop more large-scale, full-service community centers. The City is currently working on a parks and recreation master plan which will identify future park sites and desired facilities. The loss of the municipal complex park and recreational facilities contributes to the ongoing capital need. Table 9-5 identifies the ideal level of improvements that the City would like to offer to its residents. These are objectives which are used for facility planning and annual budgeting purposes. The City would like to be in a situation where it can adopt these objectives as formal LOS standards in the Comprehensive Plan. Until the facilities that are eliminated due to the municipal complex are replaced, the City is not prepared to formally adopt these objectives. Public Safety The Future Conditions section of the Public Safety Element identifies fire stations, police facilities, and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables 10-4 and 10-8). These LOS standards will not be a requirement of the concurrency management program. Approximately 23% of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire, and emergency assistance facilities to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offsets the need for public services created by such development. Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9-4). These have been projected based upon the adopted urban LOS standards of 1 ,I 50 service calls/responding officer and a five-minute response time to 90% of all calls, per district. Police and fire capital costs have most recently been estimated for Palm Beach Gardens in a "Fire/EMS, Police and Park Impact Fee Study" 18 prepared by James Duncan and Associates, May 1997. These costs are expected to be met by fees collected through police and firelEMS impact fees. The new station needed to serve District 3 is expected to be funded via a bond issue. Should the bond issue fail, the City will need to fund this capital project with general revenues which will most likely necessitate a tax increase. Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance with the goals, objectives, and policies of the elements of this Comprehensive Plan, the City will maintain or adopt new land development regulations and procedures to ensure the levels of service standards adopted by this Plan are met or exceeded. These regulations and procedures will require that all public facilities necessary to service new development at the adopted LOS standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or newly adopted include, but are not limited to: traffic (City road impact fees yet to be adopted) and recreation impact fee ordinances; revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; regulations which permit the phasing of development in concert with the provision of necessary public facilities; the preparation of a capital improvements budget as part of the City’s annual budget to ensure all facility deficiencies are identified and addressed; an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; the prioritizing of capital expenditures to ensure facility deficiencies take priority over non-health and safety capital projects; an assessment of the City’s fiscal capabilities to schedule and implement capital improvement projects; and an annual review of the Comprehensive Plan for significant changes in growth projections and/or facility requirements. 19 These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this Plan, plus other sections of the text of this Element. In all cases, the City will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted LOS standards. IV. MONITORING AND EVALUATION Chapter 163, Florida Statutes, requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this Element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted LOS standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Management Department. This group’s findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee’s findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the Element accordingly: 1. 2. 3. 4. 5. 6. 7 Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the Element; or the date of construction of any facility enumerated in the Element. The Capital Improvement Element’s consistency with other elements of the Comprehensive Plan and its support of the Future Land Use Map. The priority assignment of existing public facility deficiencies. The City’s progress in meeting those needs determined to be existing deficiencies. The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority. The City’s effectiveness in maintaining the adopted LOS standards. The City’s effectiveness in reviewing the impacts of plans and programs of State agencies and water management districts that provide public facilities within the City’s jurisdiction. 20 8. 9. IO. 11. 12. 13. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate. The impacts of special districts and any regional facility (DRI) and service provision upon the City’s ability to maintain its adopted LOS standards. Efforts made to secure grants of private funds, whenever available, to finance the provision of capital improvements. The transfer of any unexpected account balance. The criteria used to evaluate proposed plan amendments and requests for new development of redevelopment. Capital improvements needed for the latter part of the planning period for inclusion in the five-year Schedule of Improvements. In an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the City will be directed to provide up-to-date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. G:\attorney-share\Complan\CIE SUPPORT DOCUMENT.doc 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 94,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. “PARCEL A - SINGLE-FAMILY” WITHIN THE GABLES PLANNED WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002, which approved the rezoning from Planned Development Area (PDA) to a Planned Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3), known as the Gables Planned Community District; and WHEREAS, on November 21 , 2002, the City Council approved 450 multi-family units in Resolution 206,2002 and 200 single-family units in Resolution 207,2002; and WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and MI1 Homes, for approval of a request for an extension of the requirement for the completion of the single-family recreation facility prior to the issuance of the 60‘ Certificate of Occupancy (30%) to the issuance of the 97* Certificate of Occupancy (50%) for the single-family homes within “Parcel A - Single-Family” of the Gables PCD, which is located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of Beeline Highway, as more particularly described herein; and WHEREAS, the site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low 3 (RL-3), and has a future land-use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: June 9,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oate Prepared: June 9,2005 Resolution 94,2005 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended condition of approval for Parcel A - Single-Family within the Gables Planned Community District (PCD) is APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRI PTI 0 N : GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF, RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 199 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SECTiON 3. Said Site Plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns. Landscarha and Maintenance I. The single-family main recreation area shall be completed prior to the issuance of the 97 60’ Certificate of Occupancy for a single-family unit. (Planning & Zoning) 2. Prior to the issuance of the first single-family or multi-family Certificate of Occupancy, the main entry signage and landscaping shall be installed. (Planning & Zoning) 3. The applicant shall maintain a six (6) foot clearance zone between buildings while determining the placement of mechanical equipment and accessory structures. (Planning & Zoning) Transportation / Traffic Concurrency 4. Pursuant to the terms of Ordinance IO. 2003, Tlhe project build-out date is December 31 , 2003z. (City Engineer) 5. Prior to the issuance of the first building permit, excluding permits for clearing of exotic vegetation, the applicant shall submit a Master Sign and Pavement Construction Plan for review and approval by the City. (Planning & Zoning) 2 Date Prepared: June 9,2005 Resolution 94,2005 1 6. 2 3 4 5 6 7 8 7. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Prior to the issuance of the first building permit, the applicant shall submit to the City for review and approval a Pavement Marking and Signage Plan which identifies the location of all proposed signage and markings, such as stop signslbars, pedestrian crosswalks and signage, directional signage, etc. A registered engineer licensed in the State of Florida shall certify the Pavement Marking and Signage Plan. (City Engineer) Prior to the issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct signal warrant studies of the Hiatt Drive and Northlake Boulevard intersection beginning at the issuance of the 50th Certificate of Occupancy and every six (6) months thereafter until the issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal, the applicant, successor, or assigns shall be required to provide a pro-rata share of installation costs as determined by the City Engineer. (City Council) Miscellaneous 8. Prior to the issuance of the first Certificate of Occupancy of a residential unit, the applicant shall submit the Property Owners Association and Homeowners Association documents for review and approval by the City Attorney. (City Attorney) 9. Within ninety (90) days from the issuance of the first Certificate of Occupancy of a dry model, the sales center located off of Northlake Boulevard shall be removed and the area restored to the approved Planned Community District (PCD) Buffer Plan. (Planning & Zoning) 10. The applicant, successors, or assigns shall require all homeowners to maintain a minimum six (6) foot clear zone, within at least one side-yard setback for each home, which shall be maintained free from air conditioning equipment, fencing, and landscaping obstructions between all structures. This restriction shall be incorporated within the Gables Master Declaration of Covenants, Conditions, and Restrictions and recorded in the public records as a restriction against the property. Building permits for individual homes shall show all landscaping, fencing, and mechanical equipment, and shall show the six (6) foot clear zone. (Planning & Zoning) 11. Until such time as the issuance of the certificate of completion for the first dry model, the applicant, successors, or assigns shall use the sales center off of Northlake Boulevard for customer parking, and shall use a sales representative to escort prospective home buyers to the models on site. No access by the general public shall be allowed to a model unit until the certificate of completion is issued. (Planning & Zoning, Code Enforcement) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9,2005 Resolution 94,2005 12. The applicant shall restrict rear screen enclosures to only allow bronze- colored structures. (Planning & Zoning) 13. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design (CPTED) principles, which consist of the following: a. The applicant shall provide metal halide lighting within the entire amenity (recreation) areas and along the spine road. The applicant shall provide high-pressure sodium lighting within the single-family community not fronting on the spine roadway around the central lake feature. b. Landscaping, including long-term tree growth, shall not conflict with lighting. c. A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. ’ d. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. e. Numerical addresses shall be illuminated for nighttime visibility, shall have bidirectional visibility from the roadway, and shall be a minimum of six inches in height. f. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (Police) 14. Prior to the issuance of any building permit, the applicant shall: a. Provide a street address system depicting street names and residential numericals for emergency response purposes. Address system depiction shall be in 8.5” X 11” map format. (Police) b. Install and have operational, temporary roadways and fire hydrants approved by the City Engineer and Fire Department for all of the dry models, (City Engineer, Fire Rescue). c. Provide canopy trees at the rear of the lots along Jog Road extension and Northlake Boulevard in lieu of a cluster of palms. (Planning & Zoning) 4 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9,2005 Resolution 94,2005 15. The applicant shall post surety prior to the issuance of a building permit for the model homes for lots 15, 16, and 17 (&foot models); lots 47 and 48 (60-foot models); lots 47 and 48 (townhouse model lots); and the sales trailer on lot 5 for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of one-third (1/3) of the hard costs of construction of all of the proposed models. (City Engineer) 16. Prior to December 31 of every year following said project's approval, the applicant, successors, or assigns shall submit to the Growth Management Department, Planning and Zoning Division, an annual report of the status of the project, including, but not limited to, the number of permits issued, the number of certificates of occupancy issued, and the compliance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed. (Planning & Zoning) 17. All singlefamily homes shall comply with the design guidelines, which are attached hereto as Exhibit "6." (Planning & Zoning) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. 2. 3. 4. 5. Section 78-141, Residential Zoning District Regulations, Lot Coverage, to allow 50% lot coverage. The Land Development Regulations allow a maximum of 35% lot coverage. Section 78-141, Residential Zoning District Regulations, Lot Width, to allow 30-foot lot widths. The Land Development Regulations require a minimum of 65 feet in width. Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a minimum 3,090-square-foot lot area. The Land Development Regulations require a minimum of 6,500 square feet in area. Section 78-141, Residential Zoning District Regulations, Front Setback, to allow for a minimum 12-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. Section 78-141, Residential Zoning District Regulations, Side Setback, to allow for a minimum 0-foot side setback. The Land Development Regulations require a minimum of 7.5 feet or 10% of the lot width, whichever is greater, for the side setback. 5 Date Prepared: June 9,2005 Resolution 94,2005 1 6, 2 3 4 5 6 7. 7 8 9 10 8. 11 12 13 14 9. 15 16 17 18 10. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 78-1 41, Residential Zoning District Regulations, Side Street Setback, to allow for a minimum 10-foot side setback. The Land Development Regulations require a minimum of 20 feet for the side street setback. Section 78-1 41, Residential Zoning District Regulations, Rear Setback, to allow for a 5-foot rear setback. The Land Development Regulations require a minimum 10-foot rear setback. Section 78-285, Signs for Residential Development, to allow two (2) sign faces on the entrance signage. The Land Development Regulations allow a maximum of one (1) sign face per development. Section 78498, Minimum Rights-of-way and Pavement Widths, to allow for a 20-foot minimum right-of-way pavement width. The Land Development Regulations require a minimum 40-foot right-of-way width. Section 78-341 , Intent (off-street parking), to allow for on-street parking. The Land Development Reguiations do not provide for on-street parking. 11. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the issuance of building permits for model homes prior to platting. The Land Development Regulations require that no building permits be issued prior to recordation of a plat with Palm Beach County. 12. Section 78-506, to allow for sidewalks on one side of the street. The Land Development Regulations require sidewalks on both sides of the street. SECTION 5, Said Site Plan within a Planned Community District (PCD) shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates, sheets SP-1 through SP-7. 2. October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos & Associates, sheets SP-8 through SP-9. 3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos & Associates, sheets CE-1 through CE-5. 4. September 3, 2002, Landscape Plan by Murakami Landscape Architects, Inc. and Urban Design Studio, sheets L-1 through L-7. 5. July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc., sheet L-8. G Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES- 1. 7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc., sheets 1 through 5. 8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one sheet. 9. June 14, 2002, Recreation Area and Open Space Landscape Plans by Cotleur Hearing, Inc., two sheets. 10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one sheet. 11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh, Architect, sheet 1 of 1. 12. June 10,2002, Plot Plan for 45' Lot Homes by MI1 Homes, two sheets. 13. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "0" by MI Homes, sheets D-1 through 0-4 (0-2 & 0-4 dated December 20,2001). 14. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I Homes, sheet E-1 . 15. June 1 I, 2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I Homes, sheet E-2. 16. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "E" by MI1 Homes, sheet E-3. 17. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "F" by M/I Homes, sheet F-1. 18. December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "F" by M/I Homes, sheets F-2 through F-3. 19. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "H" by M/I Homes, sheets H-1 through H-2. 20. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "J" by M/I Homes, sheet J-1. 21, December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "J" by M/I Homes, sheets J-2 through J-3. 7 Date Prepared: June 9,2005 Resolution 94.2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 22. June 1 1 , 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by MI1 Homes, sheet K-1. 23. December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "K" by MA Homes, sheet K-2. 24. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "L" by MA Homes, sheet L-1. 25. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L" by M/I Homes, sheets L-2 through L-3. 26. June 10,2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet. 27. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2778 by M/I Homes, sheet 1. 28. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme "2778 by M/I Homes, sheets 2 through 3. 29. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme "2938' by M/I Homes, sheets 1 and 3. 30. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2938" by M/I Homes, sheet 2. 31. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme "2941" by M/I Homes, sheets 1 and 3. 32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "2941" by M/I Homes, sheet 2. 33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme "3194" by MA Homes, sheet 1. 34. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme "3194" by MI1 Homes, sheets 2 through 3. 35. June 10,2002, Plot Plans for Townhouses by MI1 Homes, one sheet. 36. December 28, 2001, Floor Plans and Elevation for Townhome Type "1" by M/I Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11, 2002). 8 Date Prepared: June 9.2005 Resolution 94,2005 (The remainder of this page left intentionally blank) 1 2 4 5 6 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11, 38. December 28, 2002, Floor Plans and Elevations for Townhome Type "3" by M/I Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11, SECTION 6. Said approval shall be consistent with all representations made by 3 2002). 7 2002). the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 9 I . Date Prepared: June 9,2005 Resolution 94,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this 75” day of 31, LJ , 2005. ATTEST: CITY OF PALM BEA ~TAR~~LORIDA BY: BY: CITY OF PALM BEA BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Taturn, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JAB ir COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT J --- G:\PItorney-share\RESOLUTlONSgables doa - reso 94 2005.doc 10 .. .. ... . i 69/23/2843 15r30130 2883w7WJ1 wt BK 15893 ffi 1447 Pill Beach County, Florida CITY OF PALM BEACH GARDENS, FLORiDA RESOLUTiON 180,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CIMOF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY AND MALL PROPERTIES, LTD., PGA GATEWAY, LTD., RCA CENTER 1 OF FLORIOA, LLC AND PGA NORTH it OF FLORIDA, CLC FOR THE ASSURED CONSTRUCTION OF LINKAGE ROADS AND AUTHORIZING THE MAYOR AND CIN COUNCIL TO EXECUTE SAME; PROVIDING FOR CONFLICTq PROVIDING FOR SEVERABILIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mali Properties, Ltd., a Florida limited partnership, PGA Galeway, Ltd., a Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability company, and PGA North !I of Flwide, LLC, a Florida \lm\te’d liebUlty company (‘Owners“) are the Owners of certain parcels of property within the Clty (“Properties”); and WHEREAS, In lieu of paying all or portion of the City’s road Impact fee, Owners seek to construct roadways depicted on the Cm Center Linkages Plan running thmugh or immediately adjacent to the Properties (“Linkage Roadways”) and to receive credit figainst the amount of road impad fees that wouM athemrise be due to the Clly; and I WHEREAS, through he enactment of Resolution 25,2001, the City Council approved the I pooling of road lmpad fees for the Properties; and i i WHEREAS, the City and Ownen wish to provide for a method by whlch the pooled impact fees will be credited and for the assured construction of all !he Llnkage Roadways Wrthln a the frame established by the City; and WHEREAS, the City Coun’cll finds the adoptlon of this Resolution tobe i(r the best interests of the residents and dtlzens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOFTHE CITY OF PALM BEACH GARDENS, FLORIDA THAT SECTlQN. The foregolng ‘WEREAS” clauses are hereby ratified and confirmed as being true and cdrred and are hereby made a sp.eCific part of thls Resolution. Agreement for Assured Construction of Linkage Roads between the Clty and Owners attached hereto as Exhlbit ’A’ and Incorporated herein by reference and authorites the Mayor and Clty Clerk to execute saM Agreement on behalf of the CHy and take all action necessary to effectuate the terms of the Agreement. -1- I SECTIQKZ. The City Councll of the Clty of Palm Beach Gardens hereby approves the I I ! BMIK 15893 PFKjE 1448 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application bf this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Resolution shall become effective immediately upon adoption. Tt Pcnd& , 2002. VOTE: mwAssENr r) MAYOR JABLIN --- VICE MAYOR SABATELLO / COUNCILMEMBER CLARK L/ - COUNCILMEMBER RUGSO Y COUNCILMEMBER OELGADO - Date prepared: September 23,2002 -2- BOOK lS893 PfMX I449 Meeting Date: October 3,2002 Resolution: 180,2002 EXHIBIT A .... ... ... .. . .. . . ..- .- .. - -. . ...-... .... . ._.. .. . . . , ._..., . t 1. / 0 AGMMENT FOR ASSURE0 CONSTRUCTfON OE LINKAGE ROADS ("Agreement") is made and entered into as c the&,, day and behfleen the City of Palm Beach Gardens, a Florida and Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a Florida limited partnership, RCA Center I\ of Florida, LLC; a Florida limited liability company, and PGA North II of Florida, LLC, a Florida limited liability company, (collectively "Owners"). RECITALS WHEREAS, in lieu of paying all or portion of the City's road impact fee, section 78- 99(d)(l) of the City Code of h.jinances allows a property owner seeking to develop its property to construct cehain road improvements identified in the City Center Linkages Pian, whlch is attached hereto as Exhibit "I" and incorporated herein; and WHEREAS, Owners own certain properties located in the City, as described on Exhibit "2" attached hereto and incorporated herein ("Property" or "Properties"); and WHEREAS, in lieu of paying City road impact .fees for development of the Properties, Owners seek to construct the roadways depicted on the City Center Linkages Plan running through or immediately adjacent to the Properties, as listed on Exhibit "3" attached hereto and incorporated herein ("Linkage Roadways"), and. to receive credit against the amount of road'impacf fees that would otherwise be due to the City; and WHEREAS, in circumstances where the cost of the Improvements exceeds the total amount of road impact fees due, section 78-99(d)(5) of the City Code of Ordinances authorizes the City Council to allow property owners constructing such road improvements to pool impact fees for multiple developments: and WHEREAS, through the enactment of Resolution No. 25,2001, a copy of which is attact\& hereto as Exhibit "4" and incorporated herein, the City Council approved the pooling of impact fees for the Properties; and WHEREAS, the City and Owners wish to provide for a method by which the pooled impact fees will be credited and for the assured construction of all the Linkage Roadways to be constructed by Owners; and WHEREAS, in order to effectuate the timely construction of the Linkage Roadways without regard to the actual date of development of each Property, the Owner of Parcel 5h has agreed to dedicate to \he City the right-of-way for the construction of the Kyoto Gardens Drive extension, and, in exchange, the City has agreed to convey to the Owner BOOK 15893 P- 1451 # of Parcel 27.12 the right-of-way for the construction of the Lake Victoria Gardens Drive extension to effectuate the dedication of a perpetual public easement. NOW, THEREFORE, for and in consideration of the premises and the mutual terms and conditions set forth herein and other good and valuable consideration, the receipt and suficiency of which are hereby acknowledged, the City and Owners hereby covenant and agree as follows: A. Recitals. The above recitals are true and correct and incorporated herein by this reference. 8. bDact Fee Credits. 1. Owners shall apply for City road impact fee credits for construction of each of the Linkage Roadways In accordance with section 78-9Q(c)(3) of the City Code of Ordinances. These Credits shall apply collectively to the Properties specifical\y identified The City shall establish a road impact fee credit bank ("Credit Bank") based on the total amount of creditable costs for the construction of each of the Linkage Roadways, as certified by the City Engineer in accordance with sections 78-99(c) and 78- 99(d) of the City Code of Ordinances. Once the City Engineer certifies the cost of a Linkage Roadway, the certified cost shall be added to the Credit Bank. At the time building permits are issued for the Properties, the road impact fees due for each permit shall be deducted from the Credit Bank. I r * in Resolution 25, 2001 and more particularly described in Exhibit "2." / 2. 3. The City acknowledges that road impact fees for development of the Properties have been or will be paid to !he City prior to the establishment of the Credit Bank. The City and Owners agree that any City road impact fees paid with respect to the Properties prior to the establishment of the Credit Bank shall be deemed to have been paid to the City in escrow and shall be available for reimbursement to Owners to pay toward the certified cost of the Linkage Roadways. Any 8ums to be reimbursed to the Owners shall be reimbursed at the time of building permit for the Linkage Roadway Improvements. 4. Owners acknowledge and agree that the total impact fee credits available shall not exceed the amount established by the Credit Bank. If the total amount of City road impact fee credits available, as established by the Credit Bank, is less than the total amount of impact fees due from the Properties in the aggregate, Owners shall be responslble for the balance of any City road impact fees in accordance with all City Code requirements. Once all impact fees have been paid for the Properties, the balance In the Credit Bank shall be reduced to zero and the City shall have no additional obligation to Owners. -2- I BOOK IS893 WE 1452 5. Owners shall not assign any portion of the Credit Bank to persons or entities not a party to this Agreement without prior written approval of the City Manager or hislher designee. 6. Owners shall provide surety lo the Cily to ensure the completion of all Linkage Roadways in accordance with the schedule established by the City Engineer as fully set forth In Section C below. C. Construction Schedule. 1. In accordance with section 78-99(d)(3) of lhe City Code of Ordinances, and as a condition precedent to the utilization of road impact fee credits by Owners, \he City Engineer has established a timetable for the commencement of construction for the Linkage Roadways. These fixed dates are established in Exhibit "1." Owners shall commence construction of the Linkage Roadways by the first day of the month and year I identified on the Linkages Plan. Y I a. For the purposes of this Agreement, the term "cornhence construction" shall / mean the actual installation of infrastructure. b. The City Engineer may extend the commencement of construction date for any Linkage Roadway for a period not to exceed six (6) months, provided that Owners demonstrate that they have proceeded in good faith to obtain all necessary permits and approvals and have encountered non self-imposed delay. Owners must request any such extension in writing at least one (1) months prior to the commencement of construction date established by the City Engineer or Owners' ability to make such a request shall be waived. 2. As an additional condition precedent to the utilization of road impact fee credits, Owners shall, within thirty (30) days of the certification of the total cost of each Linkage Roadway by the City Engineer, provide'surety to ensure that construction of the Linkage Roadway commences in accordance with the timetable established In Exhibit "1" and In an amount equal to one hundred and ten percent (110%) of the certified cost estimate established by the City Engineer for each Linkage Roadway. a. The City shall be entitled to draw down on the surety if Owners: fail \o commence constructlon of any Linkage Roadway within the established time frame, subject to any time extensions granted by the City Engineer in accordance with section C.1.b: fail to complete construction within twelve (12) months of commencement; or are in material breach and default of this Agreement and fail to cure same within fifteen (15) days. -3- . .' ' ..,. ;*,*:,. .. . .* .. .. :;. ... . .(. . . ... . *. BOOK 15893 PM€ 1453 b. The form of 'surety provided by Owners to the City purSuant to this Agreement shall be subject to approval by the City and in the same format as surety generally required for infrastructure improvements in accordance with section 78-461 of the City Code of Ordinances. 0. Convevance of Proaerty. 1. Within thlrty (30) days of the execution of this Agreement, the City shall transfer to the Owner of Parce\ 27.12, by quit-claim deed, the right-of-way for LakeVictoria Gardens Avenue, as conveyed to the City by Northern Palm Beach County Improvement 0 is t ric t (" N on h ern"). ' a. The City makes no warranties whatsoever with respect to the Property or the existence of any encumbrances. r / * b. The City and Owners acknowledge that the right-of-way to be conveyed by the City is subject to ah easement granted to Seacoast Utility Authority immediately prior to the conveyance by Northern to the City. 2. Wdhin sixty (60) days of the execution of this Agreement, Owners shall dedicate to the City by plat a one hundred and ten foot (I 10') wide right-of-way traversing Parcel 5A, to be utilized for the extension of Kyoto Gardens Drive from Alternate A-1-A to Military Trail. .* a. The City shall work with Owners to detormine the precise location for the roadway ahd shaIl make every effort to accommodate such alignment during the development approval process for Parcel 5A. However, the City and Owners acknowledge that the final decision with respect to the ultimate alignment of the right-of-way is within the discretion of the City Council. Should it be necessary to alter the alignment of the roadway, Owners shall be responsible for themst of any replat. b. To the extent necessary, Owners shall accommodate the drainage for such roadway within Parcel 5A and grant to the City whatever easements 8r8 necessary to effectuate such drainage. c. Upon dedication of the roadway to the City, Owners shall have use of such roadway for the development of Parcel 5A in accordance with all appllcable City requirements and regulations for the construction of all Improvements thereon and the installation of utilities. -4- t- i 1. This Agreement may be assigned by Owners to successors in litle to the Properties. 2. Owners shall notify the City in writing of any change in ownership of the Properties viithin thirty (30) days ofconveyance. Any assignment of Owners' rights and obligations pursuant to the terms of this Agreement shall not be effective until Owners provide the City with written notification of such assignment. F. ~lscellaneous Drovlsions. I. The provisions of this Agreement may not be amended, supplemented, waived, or changed orally. Any such amendment, supplement, waiver, or change shall be in writing signed by each party to this Agreement. This Agreement constitutes the entire understanding and agreemenl between the patties with respect to the subject matter hereof, ' 2. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 3. All notices or other communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered or mailed via overnight delivery to the following addresses: As to the W: CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: Ron Ferris, City Manager copy to: Watterson 8 Hyland, PA. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 Attention: Len Rubln, City Attorney .*.: .. -: , MALL PROPERTIES, LTO., 4300 Catalfumo Way Palm Beach Gardens, FL 33410 Attention: 'Daniel S. Catalfurno PGA Gateway, Ltd. a Florida limited partnership Attention: Oantel S. Catalfumo 4300 Catalfumo Way Palm Beach Gardens, FL 33410 -5- , .. .. . . 1... . :... : LBFH, Inc. 2090 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33410 Attention: Dan Clark, Cily Engineer 8OW 15893 PcKiE 1455 RCA Center II of Florida, CLC, a Florida limited liability company Attention: Daniel S. Catalfurno 4300 Catalfumo Way Palm Beach Gardens, FL 33410 PGA North II of Florida, LLC a Florida limited liability company Attention: Daniel S. Catalfumo 4300 Catalfumo Way Palm Beach Gardens, FL 33410 Any party may change an address by sending written notice of such to the other parties, in which case that new address shall be utilized. I l- 4. This Agreement shall be construed and governed by the laws of the State of Beach County, Florida. No remedy conferred upon'any party is intended to be exclusive; any other remedy, and each and every such remedy shall be cumulative and shall be.in addition to every other remedy given hereunder or now.or hereafter existing at law or equity or by statute or otherwise. No single or partial exercise by any party of arly right power, or remedy hereunder shall preclude any other or-further exercise thereof. # Florida. Any and all legal action necessary to enforce this Agreement shall be in Palm I 5. If any part of this Agreement fs contrary to, prohibited by.or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall b.e given full force and effect so far as possible. 6. The effective date of this Agreement shall be as of the date it has been executed by all parties hereto. 7. A party's failure to enforce any provision of this Agreement shall not be construed as a waiver of the fight to later enforce that or any other provision of this Agreement. 8. Only the parties to this Agreement shaH have standing to enforce it. 8. This Agreement may be executed in counterparts, each of whidl shall be deemed an Original, and all of which together shall constitute one (1) and the same instrument. -6- BOOK 15093 PNi€ L!i% 10. The parties acknowledge that each has shared equally in the drafting and preparatlon of lhls Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 1 1, Failure to comply with any provision of this Agreement shall be considered a material breach and a default which shall entitle the parties to all rights and remedies at law or equity. Prior to lnltiatlng any action for an alleged breach, an initiating party shall notify all other parties of the alleged breach at least fifteen (15) days prior to initiating such action. 12. It is hereby understood and agreed that in the went any lawsuit in the judicial system, federal or state, is brdught to ehforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non- prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. I Y / # IN WITNESS WHEREOF', the undersigned have hereunto set their hand and seals the day and year first above written. RDENS, a Florida DENS, a Florida -7- Owners: MALL PROPERTIES, LTD., a Florida limited partnership By: Catatfurno Management and Investments, Inc. Presi STATE OF FLORIDA COUNTY OF PALM BEACH I .Y f 4 BEFORE ME, a person authorized to take acknowledgments, personally appeared Daniel S. Catalfumo, as president of Catalfumo Management and Investment, Inc., as general partner of Mall Properties, Ltd., w day of OtcCokcroe, cuted the foregoing i s personally known 6 .' PGA GATEWAY, LTD., STATE OF FLORlDA COUNTY OF PALM BEACH take acknowledgments, personally appeared f Diver Management, Inc., as general partner he foregolng lnstrum s personally known as identificalion. 6 votary ~p\rbllc-s)o(sdAac#o woomnbrbn~Elr~o= -8- nil -a', , .. ,. . . .. . . . . .. RCA CENTER II OF FLORIDA, LLC, a Florida limited liability company By: PGA Gateway, Ltd., sole member STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, a pers authorized to take acknowledgments, personally appeared has +8!tWsl-d+& of Diver Management, lnc., as general partner # t. I PGA NORTH WOF FLORIDA, CLC, STATE OF FLORIDA COUNTY OF PALM BEACH take acknowledgments, personally appeared of Diver Management, Inc., as general partner of PGA Gateway, Ltd., as sole member P A North II of Florida, LL day of ?%!&r as identification. BOOK 15893 PflE 1459 EXHIBIT 1 City Center Linkages Pian and Timetable . .. __ .,, .... i: CITY CENTER LXNKAGES 'Vehiculu Tnffic CoMcccions" Fixed Dam for Consation Sw ASSURED CONSTRUCTION MISTING ROADWAY Boot( 15891 PW 1462 COMPOSITE EXHIBIT 2 Legal Descriptions of Properties parcel 28.01, according to the @at tkreof, recorded in Plat Book 00, Page 119-121 of the Public Records of Palm Beach County, Florida. pard 27,03, according to the plat thereof, recorded in Plat Book 88, Pages 1 16-1 17 of the Public Records of Palm Beach County, Florida. parcel 27.04, according to the plat thereof, recorded in Plat Book 90, Page 1-2 of the Public Records of Palm Beach County, Florida. and Par-, according to the plat thereof, recorded in Plat Book 88, Page 104-105 of the Public Records of Palm Beach County, Florida. Parcel 27,108, according to the plat thereof, recorded in Plat Book 88, Pages 1 18-1 I9 of ' I # the Public Records of Palm Beach County. Florida. / parcel 27.12 findud *i Q~Q Parc el 27.141, according to the plat thereof, recorded in Plat Book 94, Pages 40-42 of the Public Records of Palm Beach County, Florida. Parcel 5A (attached) mcel5B (attached) .. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is executed this 30 day of December, 2004 by and between PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY, LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida llmited partnership (sometimes collectively referred to herein as "Catalfumo Entities') and the CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida ('City'). Backaround 1. The Catalfumo Entities and the City entered into a certain Agreement for Assured Construction of Linkage Roads dated October 3, 2002 (the "Assured Construction Agreement"). The city previously sued the Catalfumo Entities for specific performany of the Assured Construction Agreement, which lawsuit will be stayed pending completion of the Kyoto Drive Improvements described below. 2. RCA Center I1 of Florida LLC has obtained from the City, Site Plan Approval pursuant to Resolution 216, 2004 (the "PUD Approval") for a certain planned unit development also known as Parcel 5B. 3. Pursuant to the City's Land Development Regulations and the PUD Approval, the Catalfumo Entities are required to construct a 2-lane road from Alternate AlA to Military Trail known as Kyoto Gardens Drive Extension ('Kyoto Drive Improvements"). The City has requested that Kyoto Drive Improvements be constructed as a 4-lane road to provide for future road capacity and the City has agreed to fund the difference in cost between a 2-lane road and a 4-lane road concurrently with the construction of the Kyoto Drive Improvements as set forth on Exhibit "A" attached hereto 4. Catatfurno Entities and City agree that it is critical that construction of the Kyoto Drive Improvement6 commence on or before March 31 , 2005 I The understanding of the parties is as follows: 1. Catalfumo Entities will contract separately for the construction of the bridge portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive Improvements located withln the City's Road Right-of-Way In order to expedite the commencement of construction, it being understood that the bridge portion of the constructlon will be able to commence most expeditiously in this fashion. Catatfurno Entitles shall commence construction of the bridge portion of the Kyoto Drive Improvements on or before March 31, 2005 and shall use its best efforts to complete the Kyoto Drive Improvements prior to December 31,2005 and in any event as soon as practicable thereafter. In order to assist Catatfurno Entities in completing the Kyoto Dride Improvements and the other linkage roads through Parcels 5A and 6B, City shall use its best efforts to review and permitt road plans submitted by Catalfumo Entities in connection with said road work and as soon as practicable issue work permits as necessary to allow Catalfumo Entities to meet the required time schedules. 2. Catalfurno Entities shall be responsible for the cost of constructing a %lane divided (similar to the 58 Roadway approved by Resolution 216, 2004 PUD Approval) road only with the City obligated to pay the increased costs caused by the City's requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed. City shall also be obligated to pay for the cost of the FEC railroad crossing and related improvements. The City agrees to reimburse the Catalfumo Entities its share of the monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit "A" (as contempfated by Paragraph 13a of Resolution 216) exclusive of the City's payments to the FEC. I 3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the estimated amount required to construct its 2-lane share of the Kyoto Drive Improvements in a format acceptable to the City Attorney and as required in PUD Approval. Catalfumo Entities hereby agrees that should the City call the bond and assume the responsibility for construction of the roadway; the City may use a two square acre area of land immediately north of the north Kyoto Gardens Drive Right-of- Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this agreement maybe used to demonstrate to permitting agencies that water quality requirements maybe met within that two acre area and that the City has the legal rights to excavate and use that acreage for drainage purposes. 4. Catalfumo Entities and its contractors shall Comply with all aspects of the construction requirements as set forth in the Stipulated Final Order and other related documents for Kyoto Gardens Drive on both the east and west sides of the FEC trackbed. All correspondence with FEC will be copied to the City Attorney and all phone calls to FEC will be logged and a call log will be forwarded to the City with each request for reimbursement of construction costs. 5, Catalfumo Entitles shall be entitled to impact fee reimbursements and credits which shall be pooled and credited In accordance with the Assured Construction Agreement for both the bridge and road improvements provided the projects are completed within the times established in this agreement. 6. City shall be entitled to a right of approval of the contractors selected for construction of the Kyoto brive Improvements. If possible, the contractors selected shall be ones that have current, ongoing, public construction projects that the City can "plggy-back' onto in order to satisfy the waiver requirements for the public bidding of the Cltfs portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it is not practicable to obtain separate contractors to bid on the expanslon of the Kyoto Drive Improvements from 2-lane road improvements required to be constructed by the Catalfumo Entities to the 4 lanes requested by the City. I IN WITNESS WHEREOF, the parties executed this Memorandum of Understanding as of the date set forth above. Witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., Its general partner RCA CENTER II OF FLORIDA LLC By: PGA Gateway Ltd., sole member PGA GATEWAY, LTD, WKSS MALL PROPERTIES, LTD. By: Catalfurno Management and ! L- CITY OF PALM BEACH GARDENS By: - Estimate - e Dnve Conshucbon Cosb Summarv ILBM khe Road Construction Cost 2-Lane Bridge Cbnstruction Cost Landscaping & Idgation fQsI f l,os41e75 $ 2,490,000 $ 360,475 Total 2-Lane Option Cost 5 3,945,350 (-Lane Road Construction CaPt 4-Lu\c Bridge Construction Cost Landseaping Q Iniga tion $ 1,237,826 $ 3,24CJ,W s 360.475 TOM 4-h Option Cork 5 4,838,301 Upgrade of Road to Pour Lanes Conshucdon Cost $ 142,951 Upgrade of Bridge to Pour Lanes Cons(nrction cast $ mm Sob-Total Conrtntcdon Cost of Upgrade to 4 Lanes: $ 892,951 Upgrade to 4 Lanes Engineering/Survey/Ceote!ch Costa $ 21,982 112 of item coots Upgrade to 4 tancr Clearing Cost $ 16,425 1/2ofitemcost Upgrade to Pour Lanes Military Trail Signalization Cost S 225,OOO 1/2 of Item cost .. S~b-Totd Dertgn, Clearing & Signal Upgrade Cork S 263A07 Sub-TOW Derign & Conrtnrctlon Upgrade Cork S 1,166,358 IS% Condgency: $ 173,451 1596MminlsttPtion: $ 173,454 BondCost(2%): $ 30,065 Total Cort of Upgrade to 4 Lmrr: 1. ThC above figures do not indude the cost of design and construction of the PBC nllroad msstng and nlated hprovunenb whfch ate to be paid 100% by the City of Palm Beach Gardens. 2.-qm*--awp -v 3. Estimated costs arc based on 2004 materials and labor cmts. EXHIBIT "A" 1. 5. a, PAYMENT AND PERFORMANCE BOND FOR INFRASTRUCTURE COMPLETION I Know at1 men by these presenb: That we, PGA NORTH I1 OF FLORIDA LLC, a Florlda llmlted liability company, RCA CENTER I1 OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY LTD., a Florlda limited partnership, and MALL PROPERTIES, LTD., a Florida limited partnemhlp (herelnafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company, authorized lo do business in the State of Florida, (hereinafter referred to as "SURRY") are held and firmly bound unto the City of Palm Beach Gardens (herelnafter called the "CITY"), a polltloa[ subdivislon of the State of Florida, In the full and just sum of Dollars (S 4,734,420 .OO four Hillion Seven Hundred Thikty four Thourand, Four Hundred Twenty and OO/\oO--- 1 lawful money of the Unlted States of America, to be pald to the CIN to which payment wlll and truly be made, we blnd ourselves, our heirs, executom, administrators, successors and asslgns, jointly and severally, firmly by these presents: WHEREAS, the above bound PRINCIPAL has executed an agreement for Assured Construction of Llnkage Roads with the City dated October 3,2002 ("Assured Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtalned from the CIM, Slte Plan approval pursuant to Resolutlon 216 , 2004 (hereinafter called the 'PUD Approval") for a certain planned unit development known as Parcel 5B and has agreed as a condition of the Assured Construction Agreement at the PUD Approval to complete the Requlred Improvements (as hereinafter defined). Required Improvements consist of constructing a two-lane portion of a four-lane road known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering Item 14a.). WHEREAS; the WHEREAS, this Payment and Performance Bond for infrastructure Completion * Four Nllllon Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO-- (hereinafter called the 'Bond") Is iq the full and just sum of. I Dollars ($ 4D7q4D420*00 ) lawful money of the United States of America, said sum being the estimated cost to complete the responclblllty of PRINCIPAL for it3 share of the conetruction of the R6qUlred Improvements. NOW, THEREFOREl the SURETY agrees as follows: 1. 2, The foregalng recitals are Incorporated hereln by reference. The condltlon of thls obligation of SURETY la such that if the PRINCIPAL shall, in all respects, fully comply with, carry out, construct, erect and build Its share of the Requlred Improvements in subatahtlai confomw wlth the plans, specificatlons and schedules covering sald work and such approved additions, amendments or alterations as may be made In the plans, speclflcations and schedules for said work (It being understood that the SUREN shall remain bound under this Bond although not Informed of any such additions, amendments or alternations), and shall commence and complete all of said work in accordance wlth the Contract for construction of the work and, provided It receives prompt payment from the Clty for the City’s share of the cost of the work, or is otherwise compensated by the Clty as the parties may subsequently mutually agree in wrltlng may promptly make payment to all persons supplying the PRINCIPAL, Its contractors or subcantractore with any labor, services, matella\ andlor supplies used directly or indirectly by them or some or any of them In the prosecution of sald work, then this obllgatlon has be void, otherwise remaining in full force and effect. SUREN, for conslderetion received, hereby stipulates and agrees that no changes, extensions of tlme, alterations or addltlons to the work or the plane, epaclficatlons and schedules coverlng the eame, or in the term or mode of payment forthe same, shall In anywise affect llabillty or.peyment under this Bond, and It does hereby walve notice of any and all such changes, cxtenslons of time, alterations and additlons lo the work or to the plans, specmcatlons and schedules coverlng seid work. The prlncipd amount of thls Bond will be reduced, from tlme to tlme, only 3, 4. 8 ; as and when (a) the PRINCIPAL provides the ClJY with evidence of partial completion and payment costs and elipenses of the Project reasonably satisfactory to the CITY, such as by way of example, release of lien and certification of payment, and (b) the PRINCIPAL provldes the CllY an engineering estlmate of costs to complete the Required Improvements, or (c) CITY draws down payments from SURElY under this Bond in accordance with the provisions of paragraph 5c below. The PRlNClPAL shell provide the CITY wlth a 11st of all contractors, subcontractors and material contractors, subcontractors and material . suppllers, together wlth a certlflcate of the general contractor certlfying such list is complete. The ClN shall not have the obligation to reduce the prlnclpel amount of this SURElY, If It has reasonably concluded the costs of completlon wlll exceed the original cost estlmate or evidence of payment and partlal completlon Is nat satisfactory to the GIN. To obtaln a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain from the CITY authorization for a reductlon, whlch shall be forwarded to the SURETY. Any reduction in Bond value shall be consldered effected and binding agsrlnat CITY. 5. Whenever the PRINCIPAL shall have feiled or refused to cornmenoe or complete the said work by the dates set forth In the Contracts for the work, the CITY may declare the PRINCIPAL'to be in default and the SURETY may remedy the default within thirty days, or shall within thirty days: a. Complete or begin completion of the said work in accordance with the specificatlons and schedules covering said work and such approved additions, amendments or alterations as may be made In the plans, speclflcatlons and schedules cover-lng said work, completing the work in a prompt manner, or Obtaln a bid or blds for submlssion to the CITY for completion of sald work in accordance with the plans, speclflcatlons and schedules cqverlng said work, and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work, and upon determlnation by the CITY and the SURETY of the lowest responsible bidder, arrange for a contract between such bldder and the SURETY. and pay to such bldder as work progresses (event should there be a default or a successlon of defaults under the contract or contraeta of completion arranged under this paragraph) the funds requlrad to b. pay the costs of completion of said repair or maintenance work as hereln described. Alternatively, the parties hereto understend that upon default by PRINCIPAL, CITY may elect to assume the contracts for the construction of the work, in which event CITY shall be entitled to draw from SURETY the amounts due on a monthly basls In order for CITY to cover PRINCIPAL'S share of the cost of the work rbgardless of the fact that the cost of the Required Improvements may exceed the amount of thls Bond. If City elects to assume the contracts for construction of the Requlred Improvements, this Bond shell be modffied as necessary to comply with the provlslons of F.S. 255.05. c. 6. The C17u shall be entitled to their reasonable attorney's fees and oosts In any action at law or equlty, induding appellate court actlons, to enforce the CITY'S rights under thls Bond. IN WITNESS WHEREOF, the PRINCIPAL and SUREfY have qxecuted these prc,snte thls 28th day of December, 2004. .. I a. .* Witness PQA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., OF FLORIDA LLC PGA GATEWAY, LTD, Witness MALL PROPERTIES. LTD. I SURElY: Liberty Mutual Insurance Company fd- By: Counterslgned by; Brett Rorenhaus Address: bo00 South 57th Avo. lite. 201 Llrke Worth, FL 33163 Brett Rorenhaur, Attornny In. Fsct/FL RelJdeht Agent Liberty Mutual Surely Bond Number []@/ OOq2 3.v NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to herelnafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The hst Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly 'EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwitten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTiCE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for 'acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductlble. LMIC-6 53 9 1 It Isto4 __ . 'I .I 1486470 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thlr Powor of Anarney limits the a& of thore named herein, end they have no authoiity lo blnd the Company except In the manner and lo the extent hemin rtnted. UBERW MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF AlTORNEY KNOW ALL PEASONS BY MESE PAESENTS: l?wl Llbetty Mutual Insurance Company (he 'Company'), a Massachusetls stock insurance compeny, pursuant lo and by rulhorky of be By-law Md AtAhorlralion hereinaner set forth. does hereby name, consUMe and appoint RICHARD M. Bl/nN, KAREN L DEBARDAS, BRm ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CrrY OF WEST PALM BEACH, STATE OF nOAlDA .......................................................................................................................... , each indiudly Y hen bs mors Um one named, tk bue and lawfil stlomey-in-fact lo make, execute, seal, acknowledge and deliver, lor and on its behall aa sua end as Ils act a$,~??$anyMnd~I unde~Wldngs, bonds, recognizances and other sure obl In the pend sum no1 errceeding nmv MLU~N AND owoo DOLLARS (s 50,000, b.8 )oach,andthe exetyulon of W underhklngs, bonds, recognlzanCW and Olhdr Surety ObliQStiOnS, In pumuance of these presents. shell be as blnding upon the company as If hey had been duly slgned by Ihe presldonl and atlested by the secrelary of he Campany In their own proper persons. That thls power Ir mode and oxoartod pumuanl lo vd by aulhorlty of the following By-law and MhorlzaUon. .............................................................................................................................. ".........,.,.....................,....,,.,,,,,.,...,,,.,,,,,,.. il n. AATICLE Xlll - Exealkn a4 Conlru. SocUon 5. Surety Bonds and Unde-klngs. Any olltc# of Iho Company rr#rorlred lor -1 pwpose h wrttlng by the chairman or the prosiden1 and subled lo wch Ilrnllations u the dmlrrnan or ha preddM mny pretcrlbe, shall appolnt wch atdorneys-ln-fact. as may be necessary to act In behalf of he Company lo make, rxoaile, seal. ncknowl~e and dolvor 8s surely MY and 8U mderlakhgs, bonds, racognlzances end other surely oblgattons. Such ~tlomsysWrd, wbyd to ha IMLIUons rrt lorlh In lhelr raspective powen 01 attorney, shdl have lull power to bind the Company by Lhelr slgrmlufa and executlon ol my wch Mnvnenb and lo altach hereto he seal d the Company. When so executed such hdnnnents shall be as blndlng as II dgnad by no proddent and altosled by the cecfetary. a nC By the fdbwlng hstrumenl the chalnr\an or the presldenl has auVIorlzed the oflicor or Other offidal namd thersln b appdnl attomays-ln-fect E- Punuanl to Arlids XIII. Section 6 of ha By-Laws, Qemet W. ElIloll, Assistant Secrelw 01 Uberty Mutual Irrsuram Company, is hereby euVIorlzed lo sppolnt such atbnreyr4nJact as may be necessary (0 acl In bohalf d tho Compeny to make, execute, seal, scknowlwe and deliver a8 sutety eny and d undectrklnge, bonds, recognizances and othor surety obllgslkns. 4 That Ihr By-law and the Authorlrslicn tal lorlh above are lrue copies hem1 and ere now In lull lorce and effect. IN WITNESS WHEREOF, lhls Power d Anomoy hns been subscribed by an authlzed &or or oWcd of Ihe Company and Lha carpotale seelo1 Uborty Mutual lnwnnco Company ha8 been aMxd hereto In Plymouth MOaUng, Pemsylv~a lhls 23y day d F ' t 9 March LIBERTY MUTUAL INSURANCE COMPANY TNr cadlalo and thr -0 power d attomiy my be slgned by fdmlle or meGhanlcally ts~roduced rmtures under ud by .ulhorlty d tha ldbwlng vote d tho borrd d dlrwlon d Uprty Mutual Insurmeo Campany rl e moeUng ddy eollod and hold on &e lah day ol Much. 1980. VOTED thal Uw Iacrlmlo or meohenlcaly reproduced Mgnahm 01 my boslstant rscrotnry 01 Ihe company, wherever oppearlng opon a cerURed cop/ of wy per d bmey Issued by ha company In connection 4th cwsty bonds, &hdl be valid end Mndhg upon the company Wllh the sme force end effect as though manually 8Mxed. n nw hereunto subscdbd my me and aMxed the corporato real 01 UM said pmpany, tMs &' day ,of A / ._ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ia Date Prepared: Oclober 19,2005 As Amended December 1,2005 RESOLUTION 166,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE A?A TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF OFFICE USE AND 600,000 SQUARE FEET Of LIGHT INDUSTRIAL ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAk AND PROVlDlNG AN EFFECTIVE DATE. USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF WHEREAS, the City has received a request from Mr. Ryan Johnston of Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, CLC, for approval of a master development plan for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods residential developments to the north, Alternate A1A to the east, and PGA Boulevard to the south, as more particularly described herein, to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; and WHEREAS, the subject site has a Planned Community District Overlay (PCD) zoning designation with an underlying zoning designation of Research and Light lndustrial Park (MI) and has a land-use designation of Industrial (I); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its October 1 1 , 2005, meeting and recommended its approval by a vole 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 Date Prepared: October 19,2005 Resolulion 166, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 8Y THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The master development plan application of Mr. Ryan Johnston, of Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, LLC, is hereby APPROVED on the following described real property, to permit the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods residential developments to the north, Alternate A1A to the east and PGA Boulevard to the south, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL THAT PORTION OF SECTION I, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD. LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE OFFlCtAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK 18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID A. CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October (9,2005 Resolution 166.2005 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 1. Section 78-506, Sidewalks, to allow a sidewalk on only the south side of Kyoto Gardens Drive. Section 78-563, Lake maintenance tracts, to allow for landscaping within the Lake Maintenance Easement (LME) on the south side of the lake as reflected on the approved site plan. SECTION 4: Said approval is subject to the following conditions, which shall be approves the following two (2) waivers: 2. the responsibility of the Applicant, its successors, or assigns: Plannina and Zoning 1. At the time of platting, the Applicant shall dedicate a 10' x 30' easement along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days of a written determination from Palm Tran or the City Council that a busltrolley shelter will be utilized on the subject site, the Applicant, its successors, or assigns shall submit an application for an administrative approval to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council's previous approval of such shelters. The Applicant, its successors, or assigns shall be responsible for the construction of a bus shelter In a timely manner to accommodate Palm Tran's or the City's needs for the bus shelter. The bus shelter shall be constructed within six (6) months of the approval of the administrative amendment, unless another time frame is established in the administrative approval. (Planning & Zoning) 2. Prior to the issuance of each permit for vertical construction, the Applicant shall contribute one percent (1%) of the construction cost of the building($) towards art in public places regardless of whether or not said building(s) exceeds the $1,000,000 threshold for vertical construction costs. Prior to the issuance of each permit for vertical construction, the Applicant shall submit to the City documentation showing that a deposit was made with the developer's attorney into an escrow account in an amount of money equal to the art fee. All of the art in public places funds collected on the Property shall be utilized to create an art piece or series of art pieces that satisfy the art in public places requirements for all buildings on site. Said art shall be approved by the City in accordance with the provisions of the LDRs; shall be installed at the intersection of Kyoto Gardens Drive and RCA Center Drive, subject to the approval of the City Engineer and City Forester, unless otherwlse determined by the Ad in Public Places Advisory Board and the City Council; and shall be installed prior to the last Certificate of Occupancy on site. The parcels adjacent to the intersection shall dedicate an easement 3 Date Prepared: October 19.2005 Resolulion 166,2005 I 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 3. 4. 5. 6. 7. on each lot for art in public places at the corners of the intersection during the replat process for the parcels. The size of the easement shall be determined during the site plan review process. Should the Applicant choose not to provide the art on site, the Applicant shall instead contribute the required funds to the City’s art account. If the Applicant chooses the option of providing art funds, (1) the Applicant shall provide notification to the City in writing that it has chosen the art funds option prior to the issuance of the first building permit for vertical construction; (2) the Applicant will have no input in the use of such funds; and (3) the art in public places easements shall be abandoned. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy on site, the Applicant shall obtain approval of a Master Signage Program for the Property. (Planning 8t Zoning) The Applicant shall provide vehicular connections between sites, where appropriate and feasible, to the satisfaction of the Growth Management Administrator and City Engineer, so that vehicles parked within the site that wish to access RCA Center Drive may do so without having to utilize Kyoto Gardens Drive. (Planning & Zoning) The development on site shall be limited to a maximum of 600,000 square feet of light industrial use and a maximum of 240,000 square feet of office use. Any proposed increase in the office square footage that is determined by staff to meet the thresholds established in the Florida Statutes for Development of Regional Impact review shall be accompanied by a Letter of Interpretation from the Florida Department of Community Affairs confirming that the project is not required to undergo Development of Regional Impact review. Any increase in the office square footage shall also be subject to review by the City Council. (Planning & Zoning) Prior to the issuance of each occupational license or building permit for interior improvements to tenant spaces, the Applicant, its successors, or assigns shall submit a breakdown, by use (office, industrial, and any ancillary commercial), of the gross square footage within the PCD for approval by the Planning and Zoning Division. (Planning & Zoning) Retail sales and consumer services establishments are allowed only as accessory uses to any permitted or conditional use within the Ml zoning district. However, the commercial uses shall not occupy more than five percent (5%) of the gross floor area of all buildings within the development. (Planning & Zoning) 4 Dale Prepared: October 19,2005 Resolutlon 166,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. During the period of effectiveness of this development order, the Applicant shall annually provide the City with a status report on all the approved elements of tho PCD, including a summary of completed construction, a schedule of proposed construction over the remaining life of the development order, and verification of compliance with all conditions of approval. The annual report should be provided each year prior to the anniversary date of the approval of this Resolution. (Planning & Zoning) 9. Prior to the issuance of first Certificate of Occupancy on site or within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, whichever comes first, the Applicant shall install at least two (2) fountains within the lake, to the satisfaction of the City Engineer, at locations approved by the Growth Management Administrator. (Planning & Zoning, City Engineer) IO. The Public Access Easements that provide access to certain parcels from Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum width of five (5) feet. (Planning & Zoning) 11. Applicants requesting site plan approval for the individual parcels within the PCD shall send public notices via regular mail to all property owners within 500 feet of the PCD boundaries at least ten (10) days prior to any Planning, Zoning, and Appeals Board or City Council meeting at which said site plan application will be heard. (Planning & Zoning) _Landscaolng 12. By January 30, 2006 (sixty (60) days from the date of this approval), the Applicant shall submit a landscape plan, to the satisfaction of the City Forester, for (I) the supplemental landscaping within the ten (IO) acre preserve and the landscape buffer on the north side of Kyoto Gardens Drive; (2) the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property; (3) the western road shoulder of Alternate AlA from PGA Boulevard to the northern boundary of the Property; and (4) the'Alternate AlA median from PGA Boulevard to Kyoto Gardens Drive. (City Forester) 13, Within six (6) months of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the ten (10) acre preserve in accordance with the landscape plan for the same approved by the City Forester. (City f'orester) 5 Date Prepared: October 19,2005 Resolution 166,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 14. Within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the buffer on the north side of Kyoto Gardens Drive adjacent to the lake in accordance with the landscape plan for the same approved by the City Forester. (City Forester) 15. Prior to any clearing within the individual development parcels within the Property, the Applicant shall obtain a Clearing Permit from the City Forester. The clearing of the individual parcels shall not occur until such time when the site plan and plat for the specific parcel are approved by the City Council, and infrastructure construction plans for the parcel are approved by the City Engineer. Notwithstanding the foregoing, the Applicant may obtain a Clearing Permit from the City Forester to clear portions of the individual parcels prior to the approval of the site plan and plat for the specific parcel, which clearing shall be strictly for the purposes of road andlor public infrastructure construction. (City Forester) 16. The Applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within (1) the portion of Kyoto Gardens Drive from Military Trail to Alternate A1 A; (2) the western road shoulder and one-half (1/2) of the median of Alternate AIA from PGA Boulevard to the northern boundary of the Property; and (3) the northern road shoulder and one-half (1/2) of the median of PGA Boulevard from Alternate AlA to Interstate 95. (City Forester) 17. The landscaping within the road shoulder and medians of Kyoto Gardens Drive and RCA Center Drive located within the Property, as well as the portion of RCA Center Drive extending from the Property to the northem boundary of the RCA Center PUD located to the south of the Property, shall be completed when the construction of said roads are accepted by the City. The landscaping within the western road shoulder of Alternate AlA from PGA Boulevard to the northern boundary of the Property and the Alternate A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed within six (6) months of the issuance of the first clearing permit for an Individual parcel within the PCD. (City Forester) 18. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the PGA Corporate Center Property Owners Association, its successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) 6 Oate Prepared: October 19,2005 Resolution 166,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Enaineerinq 19. The build-out date for this project is December 31 , 2005. (City Engineer) 20. Prior to the issuance of the first land alteration permit, the Applicant shall provide written authorization from all appropriate utility agencies for the constructionllandscapingllighting within the respective utility easements. (City Engineer) 21. Prior to the issuance of the first Certificate of Occupancy, reflectors per FDOT Index 17349 shall be constructed at the temporary dead end of the north-south roadway within Parcel 5A (if the roadway construction is not fully completed to the south). (City Engineer) 22. Prior to the issuance of the final Certificate of Occupancy, the Applicant shall construct littoral zones at the locations shown on the PCD Master Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake bank, shall be a shelf with a slope no steeper than one (1) foot vertical to ten (10) feet horizontal (1:lO) to a distance no deeper than two (2) feet below the control elevation. (City Engineer) 23. All trees planted within the littoral zone areas shall be restricted to the 1O:l littoral shelves and must be approved by the City Forester. Trees shall be planted in clusters no greater than 30 feet wide: and duster trees cannot be closer than 40 feet to another cluster; and single or cluster trees shall not be planted closer than 75 feet to a drainage structure. (City Engineer) 24. By April 17, 2006 (four (4) months from the approval of this Resolution), the Applicant shall plat the Property. No site plan applications for the individual parcels within the PCD will be reviewed by the City's Development Review Committee until such time when the plat for the Property is approved by the City Council. (City Engineer) 25. Within one hundred twenty (120) days from the issuance of each building permit for vertical construction for an individual parcel, the parcel shall be replatted. (City Engineer) 26. The Applicant shall copy to the City all permit and permit applications, certifications, and approvals. (City Engineer) 27. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 7 Date Prepared: October 19,2005 Resolution 166.2005 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 28. The Applicant shall comply with the following: a. No building permits shall be issued for more than 3,137 daily external trips until the provision of exclusive northbound dual left-turn lanes and eastbound right-turn lane has commenced at the intersection of Alternate A1A and Hood Road. This roadway improvement is not an assured construction. Any approval above the 3,137 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) b. No building permits shall be issued for more than 3,644 daily external trips until the linkage roadway segment between Military Trail and Alternate A1A (Kyoto Gardens Drive Extension), and the segment running underneath the PGA flyover (RCA Center Drive) west of Alternate AlA connecting Kyoto Gardens Drive to RCA Boulevard has commenced. (PBC Traffic Division) c. No building permits shall be issued for more than 4,100 daily external trips until the addition of an eastbound right-turn lane, westbound right- turn lane, and northbound right-turn lane has commenced at the intersection of Alternate A1A and RCA Boulevard. (PBC Traffic Division) d. No building permits shall be issued for more than 4,562 daily external trips until the widening of Alternate A1A to six (6) lanes from PGA Boulevard to RCA Boulevard has commenced. This roadway improvement is not an assured construction. Any approval above the 4,562 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) e. No building permits shall be issued for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at the intersection of Alternate A1A and Donald Ross Road. This roadway improvement is not an assured construction. Any approval above the 4,948 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) f. Prior to the issuance of the building permit for vertical construction for any parcel, the Applicant shall submit a trip generation analysis identifying the number of trips generated by all existing development within the PCD and the trips generated by the parcel under development consideration. (City Engineer) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October IS, 2005 Resolulion 166, 2005 29. Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide surety for public infrastructure and all landscaping and irrigation costs for the overall project infrastructure which are not included in the previously-submitted bonds for the public roads within the Property (Bond No. 964004234). The required surety shall be based on a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs, that shall be reviewed and approved by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect 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 prior to the issuance of the first building permit. This surety is separate from that which will be required for each individual lot as each is developed. (City Engineer) 30. Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide a cost estimate for the on-site project improvements for the overall project, not including public infrastructure, landscaping, and irrigation costs, for review and approval by the City. Said cost estimate is separate from those cost estimates which will be required for each individual lot as each is developed. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 31. The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPOES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) andlor local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) 32. Prior to the issuance of the first land alteration permit, the Applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the Applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) 33. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) 9 Dale Prepared: October 19,2005 Resolution 166,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 34. Prior to construction plan approval and the issuance of the first building permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 35. Whenever possible, development application submittals made to the Growth Management Department for the individual parcels within the PCD shall include both electronic and hard copies of all documents submitted to the satisfaction of the City Engineer and Growth Management Administrator. Notwithstanding the foregoing, CAD files of the areas designated on a site as open space shall be included in all development submittals to the satisfaction of the City Forester. (City Engineer) Miscellaneous 36. Required digital files of the approved PCD master plan and plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings for each site shall be submitted prior to the issuance of the Certificate of Occupancy for each site. (GIs Manager, Development Compliance Officer) 37. Prior to the issuance of the first Certificate of Occupancy, the master property owners association documents and restrictions, which shall include disclosure language regarding the potential widening of the RCA Center Drive to four (4) lanes, shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 38. Any office space within an individual parcel that is ancillary to a principal industrial use on the parcel shall be limited to a maximum of 40% of the square footage on site in order to be classified as being ancillary to the industrial use. Any office space beyond said threshold shall be required to count towards the office use on site. (Planning & Zoning) SECTION 5. This Planned Community Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur Hearing, last sealed on November 18, 2005, and received and stamped by the City on November 18,2005. 2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details, prepared by Cotleur Hearing, last sealed on November 18, 2005, and received and stamped by the City on November 18,2005. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: October 19,2005 Resolution 166, 2005 SECTION 6. This approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. the Applicant or Applicant's agents at any workshop or public hearing. PASSED AND ADOPTED this /2 day of Dah lpb% ,2005. ATTEST: Y BY: Patricia Snider, CMC, City herk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- \\Pbgs~leVl~orne~llornay_rhareViESOLUTlONS\SA - reso 166 2005-as amended-1 2-1 -05.doc 11 t. H -&us- ,e'\. 322 ACRES 3.09 ACRES I .. - - . I SMRUBIGROUNDCOVER PUNTING DtTAIL *n PALM PUNTlNG DETAIL m As Amended by Council: January 6,2005 Date Prepared: September 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4s RESOLUTION 196,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS, 196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY STRUCTURES I USES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN Ef FECTIVE DATE. 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 Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-04- 05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district of Resldentlal Low (RL-3) and approval for a master site plan for 199 single-family units and 196 multi-family units on an approximately 156.46-acre site, generally located at the southwest corner of Hood Road and Military Trail, which lies within the municipal boundaries of the City of Palm Beach Gardens, as more particularly described herein; and WHEREAS, the subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of Residential Low (RL-3); and WHEREAS, the Master Development Plan was reviewed by the Planning, Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which recommended approval of the Master Development Plans to the City Council with a vote of 5-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and 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: and Dale Prepared: September 17,2004 Resolution 196.2004 3 4 5 6 7 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 1 2 WHEREAS, the City Council has determined that this Resolution is consistent with the City's Comprehensive Plan based on the following findings of fact: 1. The applicant has met the intent of the City's Comprehensive Plan, and the proposed development is consistent with the Comprehensive Plan. 2. The applicant has demonstrated compliance with the City's Land Development Regulations. 3. The proposed use is not a detriment to the public safety and welfare within the City of Palm Beach Gardens. 4. The applicant has provided adequate screening and buffering in order to mitigate the impact of the proposed development. 5. The proposed uses and site plan are in harmony with the general purpose and intent of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Master Development Plan application for Paloma Planned Unit Development (a.k.a. Parcel 318) is hereby APPROVED on the following described real property to permit the development of 199 single-family dwelling units and 196 multi- family townhomes, with accessory structures, on a 156.46-acre site located at the southwest comer of Hood Road and Military Trail, subject to the conditions of approval contained herein, which are in addition to the general requirements othewise provided by ordlnance: LEGAL DESCRIPTION: PARCEL 31.03 A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88"34'52" EAST, ALONG THE NORTH LINE LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST, OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY DESCRIBED PARCEL; THENCE SOUTH 30"31'49" EAST, ALONG SAID RIGHT-OF- CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET 2 Oate Prepared: September 17,2004 Resolution 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'1926" EAST, A RADIUS OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE DISTANCE OF 280.19 FEET: THENCE NORTH 01'43'40 I' EAST, A DISTANCE OF 1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH 88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF- SOUTH 88'32'18 EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05; A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 88'34'52 WEST, ALONG SAID SOUTH LINE, A 95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30'31'49" DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08 WEST, A DISTANCE OF 341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31''; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 26'21'19''; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15 FEET; THENCE NORTH 16'20'57'' EAST, A DISTANCE OF 957.79 FEET TO A RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS OESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 62'01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 27'11'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT- OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE; THENCE NORTH 00'47'1 5" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC 3 Date Prepared: September 17,2004 Resolution 196,2004 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581, OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483, PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST, ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK 7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11 FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RAOlUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE POINT OF TANGENCY; THENCE SOUTH Ol"43'37" WEST A DISTANCE OF 200.84 FEET TO THE POINT OF BEGINNING. SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A CENTRAL ANGLE OF 02'04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF- CONTAINING 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. 2. . 3. 4. Waiver to Section 78441 (c), Plat, to allow issuance of permits for model homes for the project prior to adoption of the Plat. The City's Land Development Regulations require adoption of a project plat prior to issuance of permits for development. Waiver to Section 78-141, Minimum lot area, to allow a reduction in the minimum lot area to 3,220 square feet for the townhomes and 6,000 square feet for the single-family homes. The City's Land Development Regulations require a minimum lot area of 6,500 square feet. Waiver to Section 78-141, Minimum lot width, to allow a reduction in the minimum lot width to 28 feet for the townhomes and 50 feet for the single- family homes. The City's Land Development Regulations require a minimum lot width of 65 feet. Waiver to Section 78-141 , Minimum lot coverage, to allow an increase in the maximum lot coverage to 50% for the townhomes and 45% for the single- family homes. The City's Land Development Regulations require minimum lot coverage of 35%. 4 Date Prepared: September 17,2004 Resolution 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 5. Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the minimum side setback to 7.510' feet for the townhomes and 5 feet for the single-family homes. The City's Land Development Regulations require a minimum side setback of 7.5' or 10% of the lot width, whichever is greater, 6. Waiver to Section 78-141, Minimum rear setback, to allow a reduction in the minimum rear setback to 5 feet (screensldecks) for the townhomes and 5 feet (screensldecks) I 7 feet (pool) setbacks for the single-family homes. The City's Land Development Regulations require a minimum rear setback of 10 feet. 7. Waiver to Section 78-285, Signs for residential development, to allow a double-faced sign within the entry median to each residential parcel. The City's Land Development Regulations allow one sign face. SECTION 4. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Landscaping and Maintenance 1. 2. 3. Landscaping and irrigation within medians and adjacent roadway shoulders for Military Trail, Central Boulevard, and Hood Road shall be installed within six (6) months of the issuance of the first clearing permit. A one-time six (6) month extension to complete buffer and improvements may be granted by the Growth Management Director upon review of sufficient justification. The Growth Management Department shall inspect the supplemental planting for the preserve areas and buffers where voids in groundcover and shrubs occur in order to screen the project. The City Forester and Landscape Architect of Record shall work together on a plan, if necessary, to fill any voids with additional landscaping, as required , achieving said screening for the preserve area. (City Forester) Landscaping and irrigation within medians and adjacent roadway shoulders for the East-West Roadway and the North-South Roadway shall be installed prior to the issuance of the first Certificate of Occupancy. A one-time six (6) month extension to complete buffer improvements may be granted by the Growth Management Director upon review of sufficient justification. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) and road shoulders, 8s well as maintenance of lighting and hardscape within those sections of public rights-of-way adjacent and/or contiguous to the Paloma Planned Unit Development (PUD), Including: 5 Dale Prepared: September 17,2004 Resolution 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4. 5. 6. 7. 8. 9. (a) Military Trail from the southern terminus of the site to Hood Road. The applicant shall pay the City its pro-rata share of the total cost of maintenance of the median. (b) Hood Road from Military Trail to Central Boulevard. The applicant shall pay the City its pro-rata share of the total cost of maintenance of the median. (c) The internal East-West Roadway and North-South Roadway within the internal limits of the Planned Unit Development. (d)Central Boulevard from Hood Road to the southern terminus of the site. (City Forester) The applicant shall be required to provide pedestrian scale (maximum fourteen foot (14') height) lighting along the pedestrian pathways along Military Trail, Hood Road, and Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within the parkway/preserve area shall be submitted within thirty (30) days of approval. (Planning & Zoning) The applicant shall place all utility lines underground along Military Trail and any utility lines along Central Boulevard that cross City roadways. (City Forester, Planning 81 Zoning) Development Order Condition No. 3 may be amended by separate agreement with the City. (City Forester) Within six (6) months of issuance of the clearing permit, the applicant shall replace all existing Ribbon Palms with Sabal Palms within the adjacent Military Trail medians. (Planning & Zoning) The recreation area in Parcel B (including, but not limited to, building facilities, pool, landscaping, hardscape, and accessory structures) and the entry road landscaping for Parcels A and B (pod of development) shall be completed and Certified for Occupancy prior to issuance of the Certificate of Occupancy for the ninety-eighth (98m) residential unit within Parcels A and 6 comblned. The recreation area and entryway improvements in Parcel C shall be completed prior to the issuance of the Certificate of Occupancy for the one hundredth (looh) resldentlal unit In Parcel C. (City Forester) Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotic vegetation from the preserve areas. No non-native plant may be established in a preserve area. (City Forester) 6 Date Prepared: September 17,2004 Resolutlon 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Transportath I Traffic Concurrency 10. The project build-out date is December 31 , 2007. (City Engineer) 11. Applicant shall comply with any and all Palm Beach County Traffic Division Concurrency conditions as outlined in the PBC Traffic Concurrency approval. (Cky Engineer) A2. No more than 3,260 net new external daily trips shall be permitted until the contract has been let for the construction of Kyoto Gardens Drive from Military Trail to Alternate A1 A. (City Engineer) 13. The applicant, successors, or assigns shall monitor traffic operations studies (supplemental operations analysis) of the East-West Roadway and Military Trail intersection beginning during peak season after the issuance of the first certificate of occupancy and every six (6) months thereafter until the build-out date. Should the study indicate a need for any roadway/intersection improvements as determined by the City Engineer, the applicant, successors, or assigns shall be responsible. The City shall reimburse the applicant for the cost of any roadway improvements to the extent that the City collects pro-rata funds from other developments having an impact on the intersections as determined in their development orders. (City Engineer) 14. For all improvements that are not assured construction, the developer shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the County Engineer, within six (6) months of the issuance of the development order and before the first permit is issued. (Palm Beach County) 15. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the anniversary of the Development Order approval of each year. (City Engineer) 16. Upon receipt of this development order and continuing through substantial completion of construction, the petitioner shall bi-annually provide the City with a status report on all the approved elements of the PUD, including, but not limited to, the compliance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed, as well as a summary of completed construction and schedule of proposed constmction over the remaining life of the development order. (Planning & Zoning, City Engineer) 7 Date Prepared: September 17,2004 Resolulion 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 17. Commencing after the issuance of certificates of occupancy for fifty percent (50%) (197 dwelling units) of the residential units, the applicant shall perform and submit an annual Signal Warrant Study for the intersection of the East-West Roadway and Military Trail. The methodology of the traffic analysis shall be determined by the City Engineer. The annual traffic analysis shall be conducted until such time as signals are warranted at the above-described intersections or until two (2) years after issuance of certificates of occupancy for ninety percent (goo/,) or 355 dwelling units of the project. Should the warrant indicate a need for a signal at the East- West Roadway and Military Trail, the applicant, successors, or assigns shall be required to install the signal. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. The City shall reimburse the applicant for the cost of the signal and installation to the extent that the City collects pro- rata funds, as determined by the City Engineer, from other developments having an impact on the intersections as determined in their development orders. (City Engineer) 18. The plats for Paloma, the North-South thoroughfare, and the East-West thoroughfare, including the dedications for the drainage easements and roadway easements, shall be submitted to and approved by the City and placed in the official record books of Palm Beach County prior to the issuance of the first building permit, excluding clearing permits and model homes. (City Engineer) 19. The applicant, successors, or assigns shall pay their fair share (pro-rata share) for a traffic light as determined by the City Engineer when one is warranted and approved by Palm Beach County for the intersection of the East-West roadway and Central Boulevard. (Planning & Zoning) 20. Prior to the issuance of the first Certificate of Occupancy, the East-West thoroughfare (from Military Trail to Central Boulevard) and the North-South thoroughfare (from Hood Road south to the southern terminus of the western entrance of Parcel C) must be completed (including irrigation, hardscape, and landscaping) and accepted by the City. (City Engineer, City Forester) Crime Prevention Throuqh Environmental Deslan (CPTED) 21. The applicant shall provide metal halide lighting within the entire amenity (recreation) area and along the entryway leading into the recreation area. The applicant may provide high-pressure sodium lighting within the remainder of the residential community. (Police) 8 Oate Prepared: Seplember 17,2004 Resolution 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 22. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design (CPTED) principles, which consist of the following: (a) Landscaping shall not conflict with lighting, including long-term tree growth. (b) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (c) Pedestrian walkways shall use lighting that is no greater than fourteen (14) feet in height. (d) Numerical addresses shall be illuminated for nighttime visibility, shall have bi-directional visibility from the roadway, and shall be a minimum of six (6) inches in height. (Police) Miscellaneous 23. Prior to the issuance of any building permit, the applicant shall: (a) Provide a street address system depicting street names and residential nurnericals for emergency response purposes. Address system depiction shall be in 8.V X 11" map format. (Police) (b) Install and have operational temporary roadways and fire hydrants approved by the City Engineer and Fire Department for all of the dry models. (Engineering, Fire). 24. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civB design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compllance Officer) 25. Prlor to the issuance of the first Certificate of Occupancy of a residential unit, the applicant shall submit the Master Property Owners Association and Homeowners Association documents to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 26. Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney) Dale Prepared: September 17,2004 Resolution 196.2004 1 2 3 4 S 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . 4s 46 , 21 27. Prior to issuance of the first Certificate of Occupancy, the applicant, successors, or assigns shall install an aeration system within all lakes located within the subject project and shall bear the perpetual responsibility of maintenance of such system. (Planning & Zoning) E ndnee ri nq 28. Six (6) months after issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy the applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date. (City Engineer) 29. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 30. The applicant shall submit construction plans for City review and approval and surety for demolition and lien protection prior to the issuance of the building permit for any dry models. Prior to occupancy, the plat shall be approved and construction of a stabilized emergency access drive shall be completed and accepted by the City Engineer and City's Fire Department. The following standard dry model conditions of approval apply: (a) Prior to the issuance of the first building permit, the applicant shall post a letter of credit for the model units in the amount of one-third (1/3) the construction cost per model for the purposes of demolition and lien protection, to be determined by the City Engineer, to remain in effect until the plat Is recorded. (City Engineer) (b) No access by the general public shall be allowed to a model home until the Certificate of Completion is issued. (Code Enforcement) (c) No individual lots shall be allowed to transfer title until the plat has been recorded. (City Engineer) (d) The applicant acknowledges that the waiver granted from the platting requirement is at the applicant's risk and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (City Engineer) (e) Prior to the issuance of the first Certificate of Occupancy for the model units, the applicant shall construct accessible and operational fire hydrants and a stabilized road base, subject to City standards, for firdemergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineer, Fire Rescue) 10 Date Prepared: September 17,2004 Resolution 196,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 31. Prior to the issuance of the first building permit, the applicant shall provide construction plans of the Temporary Sales Center and Temporary Construction Center for review, and shall provide a cost estimate for City review and approval for demolition and lien protection. (City Engineer) 32. Prior to the issuance of the first building permit, the applicant shall provide a pavement marking and signage plan for review and approval. (City Engineer) 33. Prior to issuance of the first building permit, including the building permit for clearing and grubbing, the applicant shall provide drainage calculations and design data, to the satisfaction of the City Engineer, for the suitability of the 20-foot and %-foot pass-through drainage easements from lands lying south of Sable Ridge subdivision to the canal right-of-way. (City Engineer) 34. Prior to Construction Plan review, the applicant shall provide a Paver Block I Concrete Ribbon detail for review meeting the City's structural number requirements in accordance with LOR Section 78-499. (City Engineer) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. 2. 3. 4. 5. 6. 7. 0. 9. Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1 through 7. Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1 through SD-IO. Palorna Parcel A, B & C Entrance Planting Plan, Common Area, & Prototype LandscapinglPlanting Plans, 08.02.2004, Sheets Li through L21, Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14. Single-Family Product Design 2142,11.10.04, Harrington, 4 sheets. Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets. Single-Family Product Design 2641, 11.10.04, Harrington, 4 sheets. Single-Family Product Design 301 7, 11.10.04, Harrington, 4 sheets. Single-Family Product Design 3325, 1 1.10.04, Harrington, 4 sheets. 10. Single-Family Product Design 3521, 11.10.04, Harrington, 4 sheets. 11. Townhome Product Design 'A", 11.01.04, Harrington, 8 sheets. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 17,2004 Resolution 196,2004 12. Townhome Product Design 'B", 1 1.01.04, Harrington, 8 sheets. 13. Townhome Product Design "C". 14. Design Guidelines for Paloma Single-Family Homes, 2 pages. 15. Design Guidelines for Paloma Townhomes, 1 page. SECTlON 6. Said approval sha\l be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. the applicant or applicant's agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I Date Prepared: September 17,2004 Resolution 196,2004 PASSED AND ADOPTED this 6.” day of Zi~w ,2005. ATTEST: GARDENS, FLORIDA BY: - Patricia Snider, City‘Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO J --- / --- / COUNCILMEMBER DELGADO --- COUNCILMEMBER VALECHE --- / --- COUNCILMEMBER LEVY J 13 I Date Prepared: November 9,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 21 6,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTY, KNOWN AS THE “RCA CENTER PUO” (A.K.A. “PARCEL 5B9, LOCATED AT THE SOUTHWEST CORNER OF ALTERNATE AIA AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE, 100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE 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 Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received an application (PUD-04-04) from Mr. William D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master development approval to allow the development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on an approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel 5Bn), generally located on the southwest corner of Alternate A1A and PGA Boulevard, as more particularly described herein; and WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and WHEREAS, the Growth Management Department has reviewed said application, has determined that It Is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its November 23,2004, meeting and recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 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 COUNCJL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby afirmed and ratified. SECTION 2. The Master Development Plan application of Mr. William D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the following real described property, to permit the development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on an approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the southwest corner of Alternate A1A and PGA Boulevard, 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 THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK 96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 1. 2. 3. 4. Section 78-563, Lake maintenance tracts, to allow encumbrances with certain Lake Maintenance Easements (LME) in .specific areas identified on the approved development plan. Section 78-285, Permitted signs, to allow for certain retail tenants in buildings containing multiple street frontages to have two (2) signs per tenant, and buildings containing multiple street frontages to have two (2) principal tenanvbuilding ID signs, subject to the conditions relating to the same contained herein. Section 78-285, Permitted signs, to allow for principal tenantlbuilding ID signs to be located above the first story. Section 78-508, Intersections, to allow for street intersections with a centerline separation of less than 150 feet. 2 Dab Prepared: November 9,2004 Resolution 216.2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a required 20-foot landscape buffer along the easternmost property line to be encumbered by a utility easement. 6. Section 78-374(h), Location, to allow for 13 covered parking spaces to be located within 100 feet of PGA Boulevard. 7. Section 78-287(6), General standards, to allow for tenants having federally registered trademark signs to use their registered color scheme on signs facing the parking areas. 8. Section 78-344(l)( I ), Minimum dimensions, to allow 9.5-foot-wide parking spaces at certain locations at reflected on the approved site plan. SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Enaineerinq 19 20 1. 21 22 23 24 25 2. 26 27 28 29 3. 30 31 32 33 34 35 4. 36 37 38 39 40 41 5, 42 43 44 45 46 Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide written authorization from utility owners allowing landscaping within their existing and/or proposed utility easements. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a Roadway Signage and Marking Pian for review and approval. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a Photometric Plan, signed, and sealed by a professional engineer licensed In the State of Florida, meeting the requirements of LDR Section 78-182. Said plan shall provide pedestrian scale lightlng along all walkways and thoroughfares, including PGA Boulevard. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida In accordance with Section 78448 of the LDR. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) Oate Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a cost estimate for the project, including public infrastructure and 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 an engineer and landscape architect 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 prior to the issuance of the first land alteration permit. (City Engineer) 7. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 8. The applicant shall provide the City copies of all permit applications and approvals, (City Engineer) 9. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. (City Engineer) 10. The construction, operation, and/or maintenance of any elements of the subject project shall have no negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's . responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 11. The applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division concurrency approval letter issued for this property. (City Engineer) 12. Prior to the issuance of the first land alteration permit, the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 4 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216.2004 13. Kyoto Gardens Drive a. The applicant shall deliver to the City surety in a form acceptable to the City Attorney, which surety shall ensure the construction of the Kyoto Gardens Drive Extension. The Kyoto Gardens Drive Extension shall consist of a four (4) lane divided roadway with landscaped medians, approximately 2,300 feet in length, connecting Military Trail to Alternate AlA, including an at-grade crossing of the FEC trackbed. The applicant shall be responsible for the costs of design and construction of this roadway as a two (2) lane roadway, and the City shall be responsible for reimbursing the applicant for the costs of design and construction of the additional two (2) lanes, as set forth in the engineering estimate attached as Exhibit to the Memorandum of Agreement. Said construction shall commence no later than March 31, 2005, and completion of said improvements as set forth in the Memorandum of Agreement. As additional assurance, the applicant shall submit, no later than December 30, 2004, a Memorandum of Agreement in a format acceptable to the City Attorney on behalf of the City, and the following entities: RCA Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD to further define the obligations relating to the roadway design and construction. b. The applicant shall continuously and diligently work with the City and the required outside agencies in order to obtain the issuance of all necessary permits in order to begin construction of Kyoto Gardens Drive on or before March 31 , 2005. c. The applicant shall, upon the request of the City, deliver assurances, in a form acceptable to the City Attorney, from the owners of Parcel 5A that the City will be permitted to expand the existing lake north of the Kyoto Gardens Drive right-of-way for the purposes of providing drainage for the Kyoto Gardens Drive roadway and to provide the fill for construction of the roadway at no cost and without restriction. d. The applicant shall, upon the request of the City, deliver assurances, in a form acceptable to the City Attorney, from the owners of Parcel 5A that they will sign and support all permit applications as required to design and build Kyoto Gardens Drive. . e. All contracts for design and construction of the Kyoto Gardens Drive extension shall be submitted to the City for review and approval by the City Engineer and City Attorney. Said construction contracts shall contain a provision that makes such contracts fully assignable to the City. 5 , , 1 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oate Prepared: November 9,2004 Resolution 216.2004 14. 55 Road a. The applicant shall, prior to December 30, 2004, deliver a deed in a format acceptable to the City Attorney conveying an 80-foot right-of-way for that portion of RCA Center Drive that is shown on the Linkage Plan between the present northern terminus of said road and the north boundary of Parcel 58. This parcel and all other portions of the NorthlSouth Road owned by FDOT and NPBCID are hereinafter referred to as the "55 Road." b. The applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 5B, design, build, and construct the "5B Road" as a two (2) lane divided roadway with landscaped median within a fifty (50) foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot right-of-way may be utilized for landscape buffer calculations and setback requirements. 15. 5A Road a. The applicant shall, prior to December 30, 2004, deliver a deed in a format acceptable to the City Attorney conveying an 80-foOt right-of-way for that portion of RCA Center Drive that is shown on the Linkage Plan connecting the 55 Road to Kyoto Gardens Drive, hereinafter referred to the '5A Road." b. The applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 5B, design, build, and construct the "5A Road" as a two (2) lane divided roadway with landscaped median within a 50-fOOt right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of way may be utilized for landscape buffer calculations and setback requirements. c. The applicant shall deliver to the City surety, in a form acceptable to the City Attorney, to ensure the construction of the 5A Road at the time the surety described in Condition 6 is submitted to the City. 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Oate Prepared: November 9,2004 Resolution 216. 2004 Landscapinq 16. Within six (6) months of the issuance of the first clearing permit, the landscaping shall be installed within: (1) the medians and adjacent road shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to the property, unless landscaping is installed in said areas by the FOOT as part of the PGA Flyover project; and (2) the landscape buffers along PGA Boulevard, RCA Boulevard, and Alternate AIA. The Growth Management Administrator shall be authorized to grant up to two (2), three (3) month extensions to this requirement upon demonstration by the applicant of a good-faith effort to satisfy the same in a timely manner. (City Forester) 17. Prior to the issuance of the first Certificate of Occupancy, the landscaping shall be installed within the medians and road shoulders within both the north/south and the east/west thoroughfares within the property. (City Forest e r) 18. The applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within: (1) the medians and adjacent road shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to the property; and (2) the medians and road shoulders within both the northhouth and the eastlwest thoroughfares within the property. (City Forester) 19. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the RCA Center Property Owners Association, its successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the applicant and the City of Palm Beach Gardens. (City Forester) 20. The installation of the covered parking structures, if approved by the City Council, shall not conflict with landscaping, including long-term tree growth. (City Forester) Police 21. Lighting shall not conflict with landscaping, including long-term tree growth. (Police) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November Q, 2004 Resolution 216. 2004 22. All lighting for streets, parking lots, parking. garages, and pedestrian walkways shall be metal halide. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site and shall be lit at a minimum of 0.6-foot candles. (Police) ’ 23. Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) 24. Entry signage shall be lighted. (Police) 25. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits, (Police) 26. Numerical addresses shall: (I) be illuminated for nighttime visibility and be unobstructed; (2) have bidirectional visibility from the roadway; and (3) be placed at the front and rear of each business. (Police) 27. All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. (Police) 28. Prior to the issuance of the first building permit for vertical construction, the applicant shall work with the Police Department to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) Plannina and Zoning 20. Within 90 days of (the effective date of this Resolution), the applicant shall submit revised development plans to include the items listed below. Said development plans shall be approved administratively by staff as long as: (1) all items listed below are included on the development plans to the satisfaction of the Growth Management Administrator; and (2) any exterior building rnodification(s) is architecturally consistent with the approved 8 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 buildings. Should any of the aforesaid not be adequately satisfied, the revised development plans shall be reviewed and approved by the City Council by way of an amendment to the PUD's master plan of development. No building or land clearing permits shall be issued until revised plans have been approved. a. The applicant shall revise the building elevations to include three (3) color palette combinations for the buildings on site. b. The applicant shall revise the easternmost landscape buffer adjacent to the parking area so that a maximum of 12 feet of the buffer is encumbered by utility easements. c. The applicant shall revise the building e\evations to clearly reflect all exterior building colors and materials. d. The applicant shall submit an amenities package that includes illustrations and details of project-wide shared elements, including common hardscape themes, street furniture, lighting fixtures, special intersections, plazas, fountains, decorative trellises, and thoroughfare enhancements. A "Key Plan" depicting the location of the amenities on site shall also be included. e. The applicant shall submit a lighting plan, signed and sealed by a professional engineer registered in the State of Florida, that includes pedestrian scale lighting along all pedestrian walkways and thoroughfares, Including PGA Boulevard. f. The applicant shall provide additional landscaping within the vacant area north of Building #2 to the satisfaction of the City Forester. g. The applicant shall provide additional pedestrian linkages between the buildings along RCA Boulevard and the sidewalk along said roadway. At a minimum, sidewalks shall be Included at every building entrance along RCA Boulevard, as reflected on the building elevations. h. The applicant shall provide at least 20 additional pedestrian benches throughout the site and label them on the plan accordingly. i. The applicant shall include a bus shelter easement on the site plan in a location consistent with the Palm Tran letter dated May 18, 2004, relating to the same, which is on file with the Growth Management Department. 9 I 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216.2004 j. The applicant shall submit a revised signage program that adequately reflects the signage requirements approved by the City Council for the subject property through the adoption of this Resolution. 30. All rooftop mechanical equipment shall be screened from view. (Planning & Zoning) 31. Within sixty (60) days of a written determination from Palm Tran that a bus shelter will be utilized on the subject site, the applicant, its successors, or assigns shall submit an application for an administrative approval to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council's previous approval of such shelters. The applicant, its successors, or assigns shall be responsible for the construction of a bus shelter in a timely manner to accommodate Palm Tran's needs for the same, (Planning & Zoning) 32. Each building shall be allowed two (2) building identification or principal tenant signs, so long as (1) said signs are not located on the same building elevation; and (2) the second of the two signs has a copy area of no more than 75% of the first sign. (Planning & Zoning) 33. Retail ground floor users shall be allowed a maximum of two (2) signs per tenant, only if (1) any two signs for the same tenant are not located on the same building elevation; and (2) said signage is affixed directly to the elevation of the tenant bay it identifies. (Planning & Zoning) 34. Tenants having federally registered trademark signs and logos shall be allowed to use their registered color scheme on signs facing the parking areas. Signs and logos facing the adjacent and internal rights-of-way shall be consistent with the color approved in the master sign program. (Planning 8t Zoning) 35. Ptior to the issuance of the first certificate of occupancy, the property shall be replatted, Said replat shall dedicate the thoroughfares within the property to the City. (Planning & Zoning) 36. Wall signs shall not exceed 70% of the immediate vertical and horizontal surface area to which they are attached. (Planning & Zoning) 37. Medical or Dental Office use is not allowed unless the applicant submits a traffic equivalency analysis for review and approval by the City Engineer. The applicant shall also be required to demonstrate compliance with parking requirements of the City Code. (Planning & Zoning) 10 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216,2004 38. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the applicant or its agent shall submit a breakdown by use (retail, office, and industrial) of the gross square footage for lease for approval by the Planning and Zoning Division to ensure compliance with the City’s Nonresidential Mixed Use Planned Unit Development intensity measures. (Planning 8, Zoning) 39. Outdoor storage within the site is prohibited. (Planning & Zoning) 40. Uses on site shall be limited to those uses allowed within the PGA Boulevard Corridor Overlay, as may be amended from time to time. (Planning & Zoning) 41. No striped awnings shall be permitted on site. (Planning & Zoning) 42. Prior to issuance of the first building permit, the applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places. The applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, with the exception of the art located east of the NorthlSouth Road, which shall be installed prior to the issuance of the first Certificate of Occupancy for any buildings located east of the North/South Road. (Planning & Zoning) 43 Within 90 days of the effective date of this Resolution, the applicant shall work in conjunction with the Treasure Coast Regional Planning Council (TCRPC), the South Florida Regional Transportation Authority (SFRTA), and the City to make any and all necessary modifications to the development plans for the portion of land lying east of the NorthISouth Road to accommodate the potential of a Tri-Rail transit station. Said modifications shall be approved administratively by staff so long as any exterior elevation changes are architecturally consistent with the approved buildings. Should the final results of the Jupiter Corridor Alternatives Analysis determine that a Tri-Rail station will be constructed on the subject property, the applicant, Its successors, or assigns shall work cooperatively with the SFTRA and the City to facilitate the construction of said station and all ancillary uses/structures in a timely manner. Said modifications shall be approved by the City prior to the issuance of the first Certificate of Occupancy. (Planning 81 Zoning) 44. The applicant shall, within 30 days of the effective date of this Resolution, submit an easement, in a form acceptable to the City Attorney, with the property owner for the Gardens Station property to the south. The easement agreement shall provide for the right of use, construction, and 11 Date Prepared: November 9,2004 Resolulion 216. 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 maintenance of the shared vehicular access from RCA Boulevard, as well as of the vehicular connections between the two (2) parcels, and shall include provisions for cost recovery. The costs for constructing and maintaining the access from RCA shall be equally shared by Gardens Station and the subject property. Said easement shall be recorded in the Public Records of Palm Beach County within 90 days of the effective date of this Resolution. (Planning & Zoning, City Attorney) Miscellaneous 45. Required digital files of the approved replat shall be submitted to the Planning and Zoning Division prior to the issuance of the first certificate of occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 46. Prior to the issuance of the first Certificate of Occupancy, the master property owners association documents and restrictions, which shall include disclosure language regarding the potential transit station and the widening of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by Cotleur Hearing, last revised on December 9, 2004, and received and stamped by the City on December 10,2004. 2. RCA Center Architectural Package, prepared by REG Architects, Inc., last revised on July 1, 2004, and received and stamped by the City on November 9,2004. 3. RCA Center Signage Package, prepared by REG Architects, Inc., last revised on November 9, 2004, and received and stamped by the City on November 10,2004. SECTION 6. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon receipt by the City of all of the following Items: the surety described in Condition 13(a) and the deeds described in Conditions 14(a) and 15(a). 12 Date Prepared: November 9,2004 Resolullon 216,2004 PASSED AND ADOPTED this Idw day of u 6yt ,2004. 1 2 3 4 5 6. 7 9 a 10 ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA BY: 11 12 13 BY: 14 Ritricia Sr@lb~, City erk 15 16 17 18 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BY: 1 Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- J / / / \\P~slCle\A~r~~ey-share\RESOLUTS\Reso 21 6 2004 final dean.doc ." MEMORANDUM OF UNOERSTANDING THIS MEMORANDUM is executed this 32 day of December, 2004 by and between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY, LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited partnership (sometimes collectively referred to herein as "Catalfumo Entities") and the CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida ("City"). Backaround 1. The Catalfumo Entities and the City entered into a certain Agreement for Assured Construction of Linkage Roads dated October 3, 2002 (the "Assured Construction Agreement"). The City previously sued the Catalfumo Entities for specific performance of the Assured Construction Agreement, which lawsuit will be stayed pending completion of the Kyoto Drive Improvements described below. 2. RCA Center I1 of Florida LLC has obtained from the City, Site Plan Approval pursuant to Resolution 216, 2004 (the 'PUO Approval") for a certain planned unit development also known as Parcel 5B. 3. Pursuant to the City's Land Development Regulations and the PUD Approval, the Catalfumo Entities are required to construct a 2-lane road from Alternate A1A to Military Trail known as Kyoto Gardens Drive Extension ("Kyoto Drive Improvements"). The City has requested that Kyoto Drive Improvements be constructed as a 4-lane road to provide for future road capacity and the City has agreed to fund the difference in cost between a 2-lane road and a 4-lane road concurrently with the construction of the Kyoto Drive Improvements as set forth on Exhibit 'A" attached hereto 4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto Drive Improvements commence on or before March 31 , 2005 I The understanding of the parties is as follows: 1. Catalfumo Entities will contract separately for the construction of the bridge portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive Improvements located within the City's Road Right-of-way in order to expedite the commencement of construction, it being understood that the bridge portion of the construction will be able to commence most expeditiously in this fashion. Catalfumo Entities shall commence construction of the bridge portion of the Kyoto Drive Improvements on or before March 31, 2005 and shall use its best efforts to complete the Kyoto Drive Improvements prior to December 31,2005 and in any event as soon as practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto Drive Improvements and the other linkage roads through Parcels 5A and 5B, City shall use its best efforts to review and permitt road plans submitted by Catalfumo Entities in connection with said road work and as soon as practicable issue work permits as necessary to allow Catalfumo Entities to meet the required time schedules. 2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval) road only with the City obligated to pay the increased costs caused by the City’s requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed. City shall also be obligated to pay for the cost of the FEC railroad crossing and related improvements. The City agrees to reimburse the Catalfumo Entities its share of the monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit “A” (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City’s payments to the FEC. 3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the estimated amount required to construct its 2-lane share of the Kyoto Drive Improvements in a format acceptable to the City Attorney and as required in PUD Approval. Catalfumo Entities hereby agrees that should the City call the bond and assume the responsibility for construction of the roadway; the City may use a two square acre area of land immediately north of the north Kyoto Gardens Drive Right-of- Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this agreement maybe used to demonstrate to permitting agencies that water quality requirements maybe met within that two acre area and that the City has the legal rights to excavate and use that acreage for drainage purposes. 4. Catalfumo Entities and its contractors shall comply with all aspects of the construction requirements as set forth in the Stipulated Final Order and other related documents for Kyoto Gardens Drive on both the east and west sides of the FEC trackbed. All correspondence with FEC will be copied to the City Attorney and all phone calls to FEC will be logged and a call log will be forwarded to the City with each request for reimbursement of construction costs. 5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits which shall be pooled and credited in accordance with the Assured Construction Agreement for both the bridge and road improvements provided the projects are completed within the times established in this agreement. 6. City shall be entitled to a right of approval of the contractors selected for construction of the Kyoto Drive Improvements. If possible, the contractors selected shall be ones that have current, ongoing, public construction projects that the City can “piggy-back‘ onto in order to satisfy the waiver requirements for the public bidding of the City’s portion of the Kyoto Drive \mprovernents. \tis acknowledged that, in any event, it is not practicable to obtain separate contractors to bid on the expansion of the Kyoto Drive Improvements from 2-lane road improvements required to be constructed by the Catalfumo Entities to the 4 lanes requested by the City. I IN WITNESS WHEREOF, the parties executed this Memorandum of Understanding as of the date set forth above. Witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., Its general partner RCA CENTER II OF FLORIDA LLC PGA GATEWAY, LTD, Daniew talfurno, President MALL PROPERTIES, LTD. L- CITY OF PALM BEACH GARDENS - Estimate - Kyoto Gardens Drive Construction Costs Summay LTEM 2-Lane Road Construction Cost 2-Lane Bridge Construction Cost Landscaping & Irrigation CQsI $ 1,094,875 $ 2,490,000 $ 360,475 Total 2-Lane Option Cost: $ 3,945,350 (-Lane Road Construction Cost 4-lane Bridge Construction Cost Landscaping & Irrigation $ 1,237,826 $ 3,240,000 $ 360,475 Total 4-Lane Ootion Coat: S 4.838301 Upgrade of Road to Four Lanes Construction Cost $ 142,951 Upgrade of Bridge to Four Lanes Construction Cost $ 750,000 Sub-Total Construction Cost of Upgrade to 4 Lanes: $ 892,951 Upgrade to 4 Lanes Engineering/Survey/Ceotech Costs $ 21,982 1R of item costs Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost Sub-Total Design, Clearing k Signal Upgrade Cost $ 263,407 Sub-Total Derign & Conrtruction Upgrade Cost: $ 1,156,358 15% Contigency: 6 173,454 15%Administradon: $ 173,454 Bond Cost (2%): 6 30,065 Total Coat of Upgrade to 4 Lanee: 5 1,533,331 Notes: 1. The above figures do not include the cost of design and construction of the FEC railroad crossing and related improvements which are to be paid 100% by the City of Palm Beach Gardens. 2.-w*-uw*mme m-v 3. Estimated costs are based on 2004 materials and labor costs. EXHIBIT "A" b# 9. PAYMENT AND PERFORMANCE BOND FOR INFRASTRUCTURE COMPLETION Know all men by these presents: That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY LTD., a Florida llmlted partnership, and MALL PROPERTIES, LTD., a Florida limited partnership (herelnafter called “PRINCIPAL“), and Liberty Mutual Insurance’Company, authorized to do business in the State of Florida, (hereinafter referred to as “SUREnl) are held and flrmly bound unto the Clty of Palm Beach Gardens (hereinafter called the ”CIN“), a political subdlvlslon of the State of Florida, In the full and just sum of Dollars ($ 4,734,420-00 Four Million Seven Hundred Thibty Four Thousand, Four Hundred Twenty and OO/lOO--- ) lawful money of the Unlted States of America, to be paid to the CITY to which payment wlll and truly be made, we bind ourselves, our heirs, executors, administrators, successors and asslgns, jointly and severally, flrmly by these presents: WHEREAS, the above bound PRINCIPAL has executed an agreement for Assured Construction of Llnkege Roads with the City dated October 3, 2002 (“Assured Construction Agreement‘) and RCA CENTER Ii OF FLORIDA LLC, has obtalned from the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the I ... 'PUD Approval") for a certain planned unit development known as Parcel 5B and has agreed as a condition of the Assured Construction Agreement at the PUD Approval to complete the Required Improvements (as hereinafter defined). Required Improvements consist of constructing a two-lane portlon of a four-lane road known as the Kyoto Gardens Drive Extenslon (Resolution 216, Section 4 Engineering WHEREAS, the Item 14a.). WHEREAS, this Payment and Performance Bond for Infrastructure Completion Four Hlllion Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO-- (herelnafter called the "Bond") is in the full and just sum of Oollars (8 4#734#420*00 ) lawful money of the United States of America, said sum being the estimated cost to complete the responslblllty of PRINCIPAL for its share of the construction of the Required Improvements. NOW, THEREFORE, the SURETY agrees as follows: 1. The foregolng recitals are incorporated herein by reference. 2, The conditlon of this obligation of SUREW Is such that if the PRINCIPAL shall, in all respects, fully comply with, carry out, construct, erect and build Its share of the Requlred Improvements In substantial conformity with the plans, speclficatlons and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work (it being understood that the SURETY shall remain bound under this Bond although not informed of any such additions, amendments or alternations), and shall commence and complete all of said work in accordance with the Contract for construction of the work and, provided It receives prompt payment from the City for the City's share of the cost of the work, or is otherwise compensated by the Clty as the parties may subsequently mutually agree In writing may promptly make payment to all persons supplying the PRINCIPAL, Its contractors or subcontractors with any labor, services, material and/or supplies used directly or indirectly by them or some or any of them in the prosecution of said work, then this obllgatlon has be void, otherwise remaining in full force and effect. 3, SUREM, for consideration received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the work or the plans, specifications and schedules covering the same, or in the term or mode of payment forthe same, shall In anywise affect liability or.payment under this Bond, and It does hereby waive notlce of any and a\\ such changes, extensions of time, alterations and additions to the work or to the plans, speclflcatlons and schedules covering said work. The principal amount of this Bond will be reduced, from time to time, only 4. L as and when (a) the PRINCIPAL provides the GIN with evidence of partial completion and payment costs and eipenses of the Project reasonably satisfactory to the CITY, such as by way of example, release of lien and certification of payment, and (b) the PRINCIPAL provides the CITY an engineering estimate of costs to complete the Required Improvements, or (c) CITY draws down payments from SURETY under this Bond in accordance with the provisions of paragraph 5c below. The PRINCIPAL shall provide the CITY with a list of all contractors, subcontractors and material contractors, subcontractors and material . suppliers, together with a certificate of the general contractor certifying such list is complete. The CIIY shall not have the obligation to reduce the prlnclpal amount of this SURETY, If it has reasonably concluded the costs of completlon wlll exceed the original cost estimate or evldence of payment and partial completion is not satisfactory to the GIN. To obtain a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain from the CITY authorization for a reduction, whlch shall be forwarded to the SURETY. Any reduction in Bond value shall be considered effected and binding against CITY. Whenever the PRINCIPAL shall have failed or refused to commence or 5. complete the sald work by the dates set forth in the Contracts for the work, the CITY may declare the PRINCIPAL'to be in default and the SURETY may remedy the default within thirty days, or shall within thirty days: a. Complete or begin completlon of the said work in accordance with the specifications and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, speclflcations and schedules covering said work, completing the work in a prompt manner, or b. Obtain a bid or bids for submission to the CITY for completlon of said work in accordance with the plans, specificatlons and schedules covering said work, and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work, and upon determlnation by the CIN and the SURETY of the lowest responsible bidder, arrange for a contract between such bidder and the SURE'PI, and pay to such bldder as work progresses (event should there be a default or a successlon of defaults under the contract or contracts of completion arranged under this paragraph) the funds required to *. . .t pay the costs of completion of said repair or maintenance work as herein described. Alternatively, the parties hereto understand that upon default by PRINCIPAL, CITY may elect to assume the contracts for the construction of the work, in which event Clpl shall be entitled to draw from SURETY the amounts due on a monthly basis in order for CIN to cover PRINCIPAL'S share of the cost of the work regardless of the fact that the cost of the Required Improvements may exceed the amount of this Bond. If City elects to assume the contracts for construction of the Requlred Improvements, this Bond shall be modified as necessary to comply with the provision8 of c. F.S. 255.05. 6. The CITY shall be entitled to their reasonable attorneys fees and costs in any action et law or equity, including appellate court actions, to enforce the CITY'S rights under this Bond. IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these presents thls 28th day of December, 2004. Wit n e66 PGA NORTH II OF FLORIDA LCC, By: Diver Management, Inc., RCA CE OF FLORIDA LLC Witness PGA GATEWAY, LTD, Witness MALL PROPERTIES, LTD. J SURETY: Liberty Mutual Insurance Company By: Brett Aorenhaur, Attorney In Fact/FL Rarddeht Counterslgned by: Brett Rosenhsur Agent Address: 4000 South 57th Avc. Ste. 201 0 Lake Worth, FL 33463 L:\FORMS\PaymsntAndPo~oonnanceREOLlNE .wpd Liberty Mutual Surely Bond Number 4@1/ooq 2 3. NOTICE FROM SURETY REQUIRED BY TERRORlSM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk lnsurance Act of 2002 (referred to heretnafter as the “Act”), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM lnsurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly “EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peedess Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the “Issuing Sureties”). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for “acts of terrorism” as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90Y0) of any covered losses from terrorist acts certified under the Act exceeding the applicable surely deductible. LMIC-6539 11/15/04 This Powrr of Attornry Ilmllr tho acts of those nimrd herein, and they have no authority to bind the Company except in the manner and to the extent horrln itrted. LIEERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF AllORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Uberty Mutual Insurance Company (the 'Company'), a Massachusetts stock Insurance company, pursuant to and by authority of the By-law and AulhorlzaUon hereinatler set farlh. does hereby name, consdtute and appoint RICHARD M. BUTIN, KAREN L DEBARDAS, BRRT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE ClTY OF WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... , each IndlvldUaIly I1 there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deiivec, for and on Its behalf an aure and as Its act a$rlml,,afr,,~,~Il undertakings. bonds, recognizances and other surer ~$a~,~ In the penal sum not exceeding FIFW MILU~N AND ow100 ) each, and the 0xeCu~ of Wch undeftakkbgs. We. mO!plZRnCeS and ather surely obligations, in pursuance 01 these presents. shalt be as binding upon the Company as if they had been duly signed by the presldenl and attested by the secretary of the Company in their own proper persons. That lhls power Is made and executed pursuant to and by authority of the ldlowing By-law and AuthoriraUon: ............................................................................................................................................................................................... DOLLARS ($ 50,000, 00 0 ARTICLE Xlli - Execution of Contracts: Section 5. Surety Bonds and Undetiaklngs. Any dfker of the Company authorized for that purpose in wdtlng by the chairman or he president. and subject to such limitations as the ly the following lnstrumenl the chairman or the presldenl has authorized the offiier or olher offiiiai named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Sedion 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby aulhorlzed to appoint such attorneys-In-fad as may be necessary lo act In behalf of the Company lo make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds. recognizances and other surety obligatlons. rhat the By-law and the Authorization set lonh above are true copies thereof and are now in full lorce and effect. LIBERTY MUTUAL \USURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA 6s COUNTY OF MONTGOMERY On this 23rd day of March , -2pp4, before me, a Nota~y Public, personally came that hr b M Asstslant Secretary of Ubem MuW lnsurence Company; that he knows the seal of said corporation; and that he execoted the rbovl Powrr d Anomry and rlli-wate real of Uberty Mutual Insurance Company thereto with the authodty and at the direction d cald CorporaOon. to me known, and acknowledged 3 8 E g 3 I rubtcdbed my name and amxed my nolarial oefd at PlymWm Meelng, Pennsylvanla, on tho day and year 12 3 I, the undersigned, AsslaM~~ of Liberty Mutual Insurance Company, do hereby cerlify that the original power of attorney of which the fOfepdng I Is I fuk tnre ad correct copy, Is In ftdi force and eHwt on he date of this certiflcatr; and I do further certify that the oMcer 01 offidal who executed the said powrr of atbmey Is UI Aulrlv\l Secretary spedaity auhodzed by be chakman or the preddent to appoint attorneys-In-fact as provlded h Artid0 XIII, Section 5 d Ihe Byfam of Liberty Mutual Insurance Company. TMs certificate and the abovr power of altomey may be signed by facsimlle or mechanically reproduced slanatvres under and by authority d the fdbwlng vote d the board of dlrectom o! Uberty Mutual Insurance Company et a meeting duly caned end held on the 12th day 01 March, 1980. VOTED that the facsimile of mechanlcally reproduced slgnahrre 01 any assistant secretafy 01 he company, wherever appeadng upon a Cedfled copy of any power of attorney Issued by the company in connection wlth surely bonds, shall be valid and blndlng upon tho company wllh tho same force and eHed as though manually amxed. L AH/ hereunto subsulbed my name and amxed the corporate seal of the raid company, this d6' day of . n / -I-----_ ._-- - .. . .- ...... ................... I 3 4P ‘3 5 asfollaws: 6 7 a 9 10 EMF I1 General Fund General Fund TI p A VI N H 6 B U ga R 1 CONSTRUCTION HISTORY School ModernizationsReplacements Constructed in Palm Beach Co. FY2001- FY2009 -, SY - SClIOOl Year Opened !' 1' I 1 Elementary 1 Budget Middle Budget High Budget I 2000 - 2001 Lincoln 15,X41,362 Lakcshorc 28,420,12 I North Grade 1 1,s 17,825 South Grade 11,149,1G3 Forest Hill 13,732,161 Palmetto 17,888,635 West Gate 13,664,039 Green acres I 1,935,727 Jupiter 12,606,617 Lake Park 11,115.637 South Olive 13,351,380 Palm Spnngs 17,903,095 Forest Hill 50,874,334 Roosevelt 19,609,709 UB Kinsey/ Palmview 13,502,695 Meadow Park 16,033,408 H. I,. Watkins 25,645,391 Palm Beach Public 16,809,000 S. D. Spady 15,616,943 Congress 33,733,046 John I. Leonard 70,566,095 John F. Kennedy 33,121,028 Palm Springs 35,692,663 DD Eisenhower 27,691,468 Rolling Green 26,536,387 Hagen Road 30,319,279 30,243,141 P.R. Gardens Forest Park 31,665,184 Westward 32,342,878 , CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 6,2008 7:OO P.M. Mayor Jablin - fies*r Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso PLEDGE OF ALLEGIANCE 4L ROLLCALL J La ADDITIONS, DELETIONS, MODIFICATIONS: . JIV ANNOUNCEMENTS / PRESENTATIONS: a. ITEMS OF RESIDENT INTEREST AND BO ARD/COMMI'ITEE REPORTS: Florida Department of Transportation project at US1 and PGA BlvcUAl A. J V. JVL CITY MANAGER REPORT VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit reauest form to the ci Clerk orkr to this Item) VIIL CONSENT AGENDA: lPage 4) Proclamation - Geographic Awareness Week. IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial other mmoses.l oving a fourth special event application at St. Resolution of the City Council of the City (Staff Report on P-on on Page SO kesolution 9/, 2008' Mark's Episco a1 Church. I my movie night to be held Friday, November Grom 6:OO p.m. until 1O:OO p.m., generally located on the Northwest corner o 4fo Burns Road and Cidenn Fast Dfive; prnviding an effective date ad for &her Ducp0SeS.I - fStrff Report on Pane 69, Resolution on Pwe 73)Besolution 100, 2008 - Development Order Amendment for Gardens Pointe L Resolution of the City ouncil of the City of Palm Beach Gardens, Florida approving an amendntent to esolution 76, 2007 sie plan for Gardens Pointe to allow the development of a 175-rmm six (6) story hotel, a four (4) story 37,500-squareht office building, d a one (1) story 4,OOO-square-foot out parcel bank on a 6.64-acre site located a e Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue artidady described herein; providing conditions of anproval; prnvidina ' hh the Regional Center Development of Regional Impact (DRI), as more 4 r other purs 1 I Part I1 - Non-Quasi-iudicial X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) =Staff Report on Page 11 1, Ordinance on Page 110' IIU~ULll~G LVwu - Ordinance of th ing an amendment to its Comprehensive Development P&m in -ordance with the madates set forth in Sections 163.3177 and 163.3187,' #D'.SEQUENTES., Florida Statutes, pursuant t 1 o a City-initiated amendment wtiich provides for the annual update to the five- ;Year Capital Improvements schedule within the Capital Improvements Element, including revised text necessary to update tabular data in the capital improvements element; providing that the text and data, as amended or revised, shall be substituted for and replace the existing text or data in the Capital LLD Element; providiug & transmittal to the State Land Planning a conflicts clause, a severability clause, nl,thfi,-i+17 +n ~ I kodify; provjdinn an effective date; and for other ~~moses XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: b. c. d. e. Membership to the Historical Society. District Park - pwchase, timeline and uses. City of Palm Beach Gardens' 50* Anniversary. Policy on Personal Relationships in the Workplace. ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TME NOTlcE AND BE ADWSED that if any interested party wishes to appeal any dscision made by the City Corrncil with mywet to any nra#er considkd at this public heating, such intem&dpemons wiU need a record of the pmeedings and may need to ensure that a verbatim record is made, including the tesiimOny and evidence upon which the appeal is to be based In accordance with the Americans uith Disubilities Act and Section 286.26, Flo& States, persons with dkabilitks needing special accormtLOdan0 ns in onder to participate in this proceeding are entitled to the provision of certain assistance at no cost please call the City clerk's Wce at 561-799-4122 no later than 5 &ys prior to the kerning if this assistanCe is required For heating impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TOO) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA November 6,2008 7:OO P.M. Mayor Jablin MxwT Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLLCALL III. ADDITIONS. DELETIONS. MODIFICATIONS: 9-O IV ANNOUNCEMENTS / PRESENTATIONS: 7 4q a. Florida Department of Transportation project at US1 and PGA BlvdAlA. 7: b V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: VI. CITY MANAGER REPORT: ’y 7 ; 3q VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit reauest form to the Citv Clerk prior to this Item) 0 VIII. CONSENTAGENDA: Lf- a. $Page 4) Proclamation - Geographic Awareness Week. IX. PUBLIC HEARINGS: Part I - Ouasi-judicial 7 Lf3 a. ,rpo)’@ LStaff ReDort on Page 5. Resolution on Page 18) Resolution 95, 2008 - Decorator’s Unlimited. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of South Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing conditions of approval; providing an effective date; and for other purposes. 405 IQ I+-O C. 7 ;P Y- * X. XI 3:s Y XII. /Staff Report on Pape 48. Resolution on Page 50 Resolution 97, 2008 - St. Mark's Episcopal Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event application at St. Mark's Episcopal Church for a family movie night to be held Friday, November 14,2008, fiom 6:OO p.m. until 1O:OO p.m., generally located on the Northwest comer of Burns Road and Gardens East Drive; providing an effective date; and for other purposes. JStaff Report on Pape 69, Resolution on Page 73) Resolution 100, 2008 - Development Order Amendment for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a 175-room six (6) story hotel, a four (4) story 37,500-square-foot office building, and a one (1) story 4,000-square-foot out parcel bank on a 6.64-acre site located at the Northwest comer of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing conditions of approval; providing waivers; providing an effective date; and for other purposes. Part I1 - Non-Ouasi-iudicial RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) a. {Staff Report on Page 111. Ordinance on Page 119) Ordinance 28,2008 - (1" reading) Amending the Capital Improvements Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Sections 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City- initiated amendment which provides for the annual update to the five-year Capital Improvements schedule within the Capital Improvements Element, including revised text necessary to update tabular data in the capital improvements element; providing that the text and data, as amended or revised, shall be substituted for and replace the existing text or data in the Capital Improvements Element; providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. b. c. d. e. January 1, 2009 Council meeting. Membership to the Historical Society. District Park - purchase, timeline and uses. City of Palm Beach Gardens' 50th Anniversary. Policy on Personal Relationships in the Workplace. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. c COMMENTS FROM THE PUBLIC Request to Address City Council Please Print- Name: Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council \ City: \ Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 11/06/08 PROPOSED ADDITIONS, DELETIONS, AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: NONE Under Public Hearings - Part I - Quasi-iudicial a. Resolution 95,2008 - Decorator’s Unlimited. The petitioner has requested to postpone until date certain of November 20,2008. A copy of the letter fiom the Johnston Group has been provided for each member of Council. Under Items for Council ActiodDkussion a. January 1,2009 Council meeting. b. Membership to the Historical Society. c. d. District Park - purchase, timeline and uses. City of Palm Batch Gardens’ 50* Anniversary. f? Policy on Personal Relationships in the Workplace. Mayor Jablin will not be in attendance at tonight’s meeting and has requested that all items under Council ActiodDiscussion be postponed until date certain of November 20, 2008. NONE JOHNSTON GROUP Land Development Consultants, Inc. VIA E-MAIL & U.S. MAIL November 3,2008 Ms. Kara Irwin Growth Management Administrator City of Palm Beach Gardens Growth Management Department 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Petition MIX-0&0e042 Decorators Unlimited Request for Postponement Dear Ms. Irwin: We appreciate the time you spent this morning with Council Member Davit, levy, Mr. Bob Martin and I to discuss the architectural and site improvements proposed for the Decorators Unlimited property on Riverside Drive. As you know, we strongly believe, having produced several iterations of plans, that we have proposed an excellent design that is cohesive with the existing building and will be both a benedit to Decoratots Unlimited and the residents of the City of Palm Beach Gardens Nonetheless, pu~uant to Wr. kvfs comments, we are wllling to further expbre the potential for adding some lightweight material ah the top of the parapet wall in order to provide a step down from the proposed tower feature. Unfortunately, the project architect is amentty out of the country and is due to return on Monday, November 10, 2008 which is after the scheduled hearing for this project on Thursday, November 6,2008. Accordingly, we respectfully request that the project be postponed until the November 20, 2008 City Council meeting in order to provide our team with enough time to fully evaluate the potential for these architectural revisions,' and to make plan revisions should a feasible design option be discowred. y questions regarding this request, please do not hesitate to contact me at at (561) 691-4552. 601 Heritage Drive. Suite 127 - Jupiter, FL 33458 - 561.691.4552 p 3 ' 561.691.4553 f - infos?johnstongroupinc.com - www.johnstongrouphc.com -- cb cer (P CI m 0 8 m 8 er 0 E' ii: 8 a s et: 0 (P 1 E er. B 0 E CC cc er t;' (P 8 m 0 E d E' a2 E cc 5: cc a2 8 cc 9 e a 0 8 ? !2 go 'Oa I. +I 0 8 (P p 4 Q Y. m m 0 B cc 31 (P or m 0 (P m 93 F: r 9 *' B PGLIC HEARINGS: ii ~~008 .. P Part I - OurrCJlld~ul 0*-1s1 Title Read: Hearing Opned: Ex-Parte: JB DL 3R HV E3 Petitioner presentation: Staff Prcseatution: Hear& Closed: Bring back fbr discussion: Motion: Vote: Title Read: Hearing Opened: Ex-Parte: JB DL JR HV EJ Petitioner presentation: StafFPresentation: Hearing Closed: Bring back for discussion: Motion: Vote: J Title Read: Hearing Opened: Ex-Parte:JB DL JR HV EJ Petitionex presentation: StafF Presentation: Resolution 95, 2008 - Decorator's Unlimited. A Resoh$on of the City Council of the City of Palm Beach 'Gardens, Florida, amending the site and fbr Lot 2 of sauth Park Center 's Unlimited); providw waiveis; ' s of approval; providing an osherpurpoaes. , 4 Northdeet bmer of Burns Road aad Gardens East *,andhother fbr Gardens Pointe. A &solution of of the City of Palm Beach approving an amendment to 6,2007 site plan fbr oardens Pointe of a 175-room six (6) a ibur (4) story 37,5oo-squarr-h and a one (1) stmy 4,oOesquare- bank on a 6.- site located at f Kyoto Gardais Drive and erne within the Regional Center melopment of Regional Impact (DIU), as an effective date; and for other darly described heszin, pmvi- approval; pmvidilrg waivers;