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Home My WebLink AboutAgenda PZAB 042506CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 I DATE: TO: FROM: MEMORANDUM April 25,2006 Planning, Zoning and Appeals Board Members Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, April 25,2006 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, April 25, 2006. This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m. Enclosed with this memorandum are the following items: 1. An agenda for the meeting; and 2. A compact disc containing PowerPoint presentations with user instructions; and 3. A Growth Management Department staff report for the items to be heard. As always, the respective Project Manager’s telephone number and e-mail address have been provided in case you have any questions or require additional information on any petition. This will help us offer better staff support in the review of these applications. Jeneve Labossiere, Planning Technician, will call to confirm your attendance. Interim Grgwth Management Administrator Planning, Zoning and Appeals Board April 25, 2006 2. 3. Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition PUD-04-22: Amendment to Village Square Professional Park Phase I1 Planned Unit Development (PUD) Public Hearing and Recommendation to City Council: A request by Warner Real Estate Advisors, Inc., on behalf of PF Park, Ltd., for approval of an amendment to the 2.23-acre Village Square Professional Park, Phase 11, Planned Unit Development (PUD) to increase the total building square footage from 32,500 square feet to 33,400 square feet, to allow the construction of Building 500, and to allow the conversion of 200 square feet within Building 800 from professional office use to medical office use. Project Manager: Jackie Holloman, AICP, PlannerJholloman~~bafl.com (799-4237) Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) PCD-04-01: Parcel 31.04 - Rezoning and Master Plan Approval Public Hearing and Recommendation to City Council: A request by Mr. Marty Minor, of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, for approval of (1) a rezoning from a Planned Development Area zoning designation to a Mixed-Use Planned Community Development (MXDPCD) Overlay zoning designation; and (2) a PCD master plan. The PCD development program consists of 236 townhouse units, 9,000 of restaurant space (including outdoor seating), 14,866 square feet of professional office space, 15,000 square feet of commercial space, and 38,000 square feet of medical office space. The approximately 50.58-acre subject site, referred to as “Parcel 3 1.04,” is located directly east of the intersection of Interstate 95 and Central Boulevard. Project Manager: Michael Sanchez, Planning Manager rnsanchez@Dbafl.com (7994241) Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) SP-04-05: Cimarron Cove - Site Plan Approval Public Hearing and Recommendation to City Council: A request by Mr. Marty Minor, of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, for site plan approval to allow the development of 204 multifamily townhouse/condominium units within “Parcel C” of the proposed Parcel 31.04 Mixed-Use Planned Community Development consisting of approximately 24 acres to be referred to as “Cimarron Cove.” The approximately 50.58-acre proposed Parcel 3 1.04 Mixed-Use Planned Community Development is located directly east of the intersection of Interstate 95 and Central Boulevard. Project Manager: Michael Sanchez, Planning Manager rnsanchez@Dbafl.com (799-4241) 2 Planning, Zoning and Appeals Board April 25,2006 Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) PUDA-05-09-01: RCA Center PUD - Modifications to Conditions of Approval 4. Public Hearing and Recommendation to City Council: A request by Mr. Jeffery P. Marshall, of RCA Center I1 of Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development (PUD) to allow for modifications to certain conditions of approval. The approximately 30.03-acre RCA Center PUD is generally bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the east, the Gardens Station Mixed-Use PUD to the south, and RCA Boulevard to the west. Project Manager: Michael Sanchez, Planning Manager msanchezf&befl.com (799-4241) 5. OLD BUSINESS 6. NEW BUSINESS 7 ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons wiih disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Oflce, no later than five &s prior to the proceeding, at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning and Zoning Commission, Local Planning Agency. Board of Zoning Appeals, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth Management Department. Commodpz agenda 4-25-06.doc 3 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, APRIL 25,2006, AT 6:30 P.M. COUNCIL CHAMBERS D CALLTOORDER B PLEDGE OF ALLEGIANCE 0 0 REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR DAN CLARK APPROVAL OF MINUTES: MARCH 28,2006 PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Bany Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins 0 SWEARING IN OF ALL PARTIES Alternates: Joy Hecht (1" Alt.) Amir Kanel (2nd Alt.) '>. -0 (D 3 1 co - g H K g r % W 0 m E. 3 3 0 -z W W a, P 3 m X (D 3 1 1 (5) P 2 h) 0 W cn (D a, cn a, cn 0 P P 2 Iu 0 P 2 e 5 2 P s e s # - # - P # # -L ? 5 -L b b a 0 6 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING March 28,2006 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. REPORT BY INTERIM GROWTH MANAGEMENT ADMINISTRATOR: There was no report by Interim Growth Management Administrator Dan Clark. APPROVAL OF MINUTES: FEBURARY 28 AND MARCH 14,2006 Mr. Solomon expressed his opinion that the minutes were a lot more sketchy than usual and stated the purpose of the minutes was to have a record if someone came back to figure out what had been done other than the pure vote. Mr. Solomon recommended listening to the tapes again to beef up the minutes. Chair Kunkle and Mr. Hansen agreed. Mr. Clark explained that a concentrated effort was being made for the minutes to reflect in detail the motions made and for the audio records to be the verbatim account. During ensuing discussion, Mr. Clark confirmed these recordings were readily available to anyone who wanted to listen to them, and assured the board that there were multiple backups in separate locations in case of disaster. Mr. Clark explained this move had been made to be consistent with minutes from other boards, and he would report back on storage retention. The advantage to digital recordings was they were available immediately following the meetings, while it took some time for minutes to be transcribed by an outside agency. Chair Kunkle recommended following the Council’s method. Chair Kunkle made a motion to approve the minutes of the February 28, 2006 and March 14, 2006 PZA meetings; seconded by Mr. Pennell, and unanimously carried by 7-0 vote. ROLL CALL Debbie Andrea, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Absent Chair Craig Kunkle Vice Chair Barry Present Dennis Solomon Douglas Pennell Randolph Hansen Michael Panczak Planning, Zoning, and Appeals Board Meeting Minutes March 28,2006 Page 2 Jonathan D. Rubins Joy Hecht (lst At.) Amir Kanel (2nd At.) All those present intending to offer testimony in tonight’s cases were sworn in. Exparte communication was reported: Mr. Present, Mr. Kunkle, Mr. Solomon, and Mr. Hansen all reported they spoke with John Gary. Recommendation to Citv Council: Ex Parte Communication (Ouasi Judicial) Petition CU-03-01: Vavrus Ranch Major Conditional Use Public Hearing and Recommendation to City Council: A request by David Abrams, of Tech Village Partners 11, on behalf of Charles Vavrus, to approve only the proposed Conditional Uses, including one residential dwelling unit, on the Vavrus Ranch, as outlined in the “Vavrus Property Agricultural Use Summary,” prepared by EW Consultants, Inc., and associated “Agricultural Use Zone” aerial map. The Vavrus Ranch is located approximately Jive miles west of S.R. 71 0 (Beeline Highway) on the north side of Northlake Boulevard and east of Grapeview Boulevard. Mr. Ed Weinberg, with EW Consultants, provided a presentation on behalf of the applicant. Mr. Weinberg presented proposed agricultural uses and zones developed for the subject property. Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair Kunkle declared the public hearing closed. Mr. Weinberg answered questions and explained limited commercial agricultural use would be allowed with this approval. Mark Hendrickson, City Forester, made comments. MOTION: Mr. Present made a motion to recommend to City Council approval of Petition CU- 03-01 with the staff recommendation. Mr. Rubins seconded the motion, which carried by unanimous 7-0 vote. Workshop: Petition: MISC-04-43: Borland Center Master Signage Program A request by Brian Cheguis of Cotleur & Hearing, on behalf of RAM Development Company and Palm Beach Community Church, for approval of the Borland Center Master Signage Program. The Borland Center is located along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive and is approximately 45 acres. Planning, Zoning, and Appeals Board Meeting Minutes March 28,2006 Page 3 Donaldson Hearing of Cotleur & Hearing and Glen Weldon, signage consultant for the project, provided a presentation of the proposed signs and graphic images on behalf of RAM Development Company and Palm Beach Community Church, reviewed requested waivers, and answered questions from the board. Requests made by members of the board included: that the applicant provide examples of signage for different tenant situations at the next presentation, that a site plan be included in the board packets, that a set of drawings to scale be provided, that the size, script, color and style be simplified, that signage be at a level where it could be observed, and that spotlights be used as shown in the drawings. Mr. Weldon indicated the sign package had been developed with diversity in mind. Direction to the applicant was given on waivers and tower structures. OLD BUSINESS There was no old business to come before the board. NEW BUSINESS There was no new business to come before the board. OTHER COMMENTS Mr. Kanel commented the rules were there to be followed and he did not understand why so many waivers were granted on every project. Chair Kunkle recommended Mr. Kanel argue more strenuously on waivers he objected to. Mr. Clark explained waivers allowed the City to get things they might not otherwise get, and in effect were trades; but agreed that this body should argue more strenuously when they did not agree with certain waivers--to let staff know their wants and desires. Mr. Present indicated it irritated him whenever an applicant commented something they were asking for had been granted to someone else, because they were taking that item out of context--waivers were granted based on the whole project. In response to Mr. Pennell’s inquiry regarding if City Council only read the motion from the minutes when this board made a recommendation, or if they read the discussion that led to the recommendation, Mr. Clark advised City Council did not read the minutes unless they had a concern. Mr. Clark explained that staff provided to City Council a brief description of the discussion and the vote. Typically, Council was not even provided with the exact motion language. If there were specific issues, individual Council members would request the record; however, typically, the staff report gave the vote and listed any concerns. Mr. Kanel noted members of other boards sometimes spoke at the City Council meetings and presented items their board had discussed. Mr. Kanel asked if he should speak at City Council meetings as a member of the board; the City Attorney advised he should speak as an individual. Planning, Zoning, and Appeals Board Meeting Minutes March 28,2006 Page 4 Mr. Solomon requested staff check into the City’s position regarding colors and logos on signs. Mr. Wiseman responded it depended on the type of project-some had a single color, some had a palette of four colors. Mr. Solomon commented the number of waivers was not as important as what was being requested, and each request needed to be considered in relation to the project. Planning, Zoning, and Appeals Board Meeting Minutes March 28,2006 Page 5 ADJOURNMENT There being no hrther business, the meeting was adjourned at 8:15 p.m. regular meeting will be held April 1 1,2006. The next APPROVED: Craig Kunkle, Jr., Chair Barry Present, Vice Chair ~~ Dennis Solomon Randolph Hansen Douglas Pennell Michael Panczak Jonathan Rubins Joy Hecht Amir Kanel Debbie Andrea, Secretary for the Meeting 0 Village Square Professional Park South-Building No. 500 Palm Bwch Oardorm, Florida P F Park. 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FLORIDA J WATER & WASTEWATER PLAN JHI LAM 3 79 0 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS ROARD Agenda Cover Memorandum Date Prepared: April 13, roo6 Meetkg Date: April 25,2006 Petition: PCD-04-01 SUBJECT/AGENDA ITEM PCD-04-01: Parcel 31.04 - Rezoning and Master Plan Approval Public Hearing and Recommendation to City Council: A request by Mr. Marty Minor, of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, for approval of (I) a rezoning from a Planned Development Area zoning designation to a Mixed-Use Planned Community Development (MXD/PCD) Overlay zoning designation; and (2) a PCD master plan. The PCD development program consists of 236 townhouse units, 9,000 sf of restaurant space (including outdoor seating), 14,866 square feet of professional office space, 15,000 square feet of commercial space, and 38,000 square feet of medical office space. The approximately 50.58-acre subject site, referred to as “Parcel 31.04,” is located directly east of the intersection of Interstate 95 and Central Boulevard. [XI Recommendation to APPROVE with one (I) waiver and conditions of approval [ ] Recommendation to DENY Reviewed by: City Attorney Christine P. Tatum Finance Administrator Allan Owens Development Compliance Bahareh Keshavarz-Wolfs, AICP Interim Growth Management Administrator Daniel P. Clark, P.E. Approved By: City Manager Ronald M. Ferris Originating Dept.: Growth A Project Manager Planning Manager [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: Date: 4/14/06 Paper: Palm Beach Post [XI Required [ ] Not Required Affected Parties: [XI Notified [ ] Not Required FINANCE: Finance Administrator: Allan Owens Building Accountant: BY K. Labossiere FeesPaid: [ 3 Date: Budget Acct.#: N/A PZAB Action: [ ]Approved [ ] App. w/ conditions [ 3 Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ]Continued to: Attachments: Applicant’s Narrative PCD Master Plan Thoroughfare and Linkage Enhancement Plan Key Landscape Buffer Amenities Plan and Key Plan PCD Design Guidelines Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 EXISTING USE 0 The 50.58-acre subject site referred to as Parcel 31.04 (the “Site”), located at the northeast ZONING LAND USE corner of Central Boulevard and Interstate 95, consists of unimproved land with mainly upland vegetation. The Site is subject to the Forbearance Agreement entered into between the City and major landowners who purchased land from the MacArthur Foundation during its divestiture. The Site has a land-use designation that allows up to 12 dwelling units per acre, yet the Forbearance Agreement limits the parcel to 3 dwelling units per acre and 0.25 FAR. Subject Property Vacant North Parcel 31B a.k.a. Paloma PUD (Vacant) South Sabal Ridge PUD Interstate Highway 95 East Parcel 31B a.k.a. Pxma PUD (Vacant) On December 18, 2003, the City approved Ordinance 37, 2003 and Ordinance 38, 2003, which approved two (2) small-scale land-use amendments related to a land transfer between the Site and the neighboring parcel to the east, Parcel 31B, in order to square off the rounded boundary between the two (2) sites and allow for the configuration of the proposed public thoroughfares through Parcel 31B. Mixed-Use (MXD) Residential High (RH) Residential Medium (RM) Development (PUD) (RM) Planned Development Area (PDA) Planned Unit Development (PUD) Planned Unit Residential Medium Residential High (RH) Residential Medium (RM) Planned Unit Development (PUD) LAND USE & ZONING West Parcel 31.06 / 31.07 (Vacant) The land-use designation of the Site as shown on the City’s Future Land Use Map is Mixed- Use (MXD). The Site is currently zoned Planned Development Area (PDA). The applicant is requesting approval of a rezoning to a Mixed Use Planned Community District (MXD/PCD) Overlay with an underlying zoning of Mixed Use (MXD). Mixed-Use (MXD) Planned Development Area (PDA) 0 The existing land uses and zoning designations of properties surrounding the Site are provided in the following table: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS 2 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PCD-OLI-OI On April 18, 2005, conditional traffic concurrency was approved for 15,000 square feet restaurant use, 4,000 square feet drive-in bank, 12,000 square feet drugstore use, 11,600 square feet commercial retail use, IO,OOO square feet professional office, and 252 multi- family units. The conditional concurrency certification is contingent upon the applicant, Gardens 95 Limited Partnership, L.C.C., satisfylng several conditions mandated by the City Engineer and the Palm Beach County Traffic Division. The stated conditions limit, in part, the number of building permits that can be issued until such time when certain roadway improvements performed in the surrounding areas including the construction of Roadway #12 and #14 as required by the City’s Comprehensive Plan. Many of the same conditions were placed on the approved Paloma Planned Unit Development approval as the Paloma project is divided by future thoroughfare Roadways #12 and #14. The certification is also contingent upon the approval of a development order for the site by the City Council. If any of the conditions are not satisfied within the established time frame or a development order is not issued by City Council, then the conditional concurrency certification shall become null and void. If all of the conditions are satisfied within the appropriate time frame and a development order is issued, then the conditional concurrency certification shall not expire until after the build-out date of December 31,2007. On February 28, 2006, the applicant submitted a traffic equivalency statement to the City to revise the development program to include 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000 square feet of restaurant space and 15,000 square feet of retail space. No additional traffic concurrency is being requested by the applicant. The traffic equivalency statement is currently under review by the City and is required to be approved prior to scheduling this petition for City Council review. PROJECT DETAILS The applicant is requesting a rezoning from a Planned Development Area (PDA) zoning designation to a Mixed-Use Planned Community District (MXD/PCD) Overlay zoning designation to allow for the development of 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000 square feet of restaurant space and 15,000 square feet of retail space on approximately 50.58 acres of land. The proposed master development plan includes: Parcel A, a 5.37-acre Commercial / Employment Center; Parcel B, a 3.62-acre Commercial / Employment Center; and Parcel C, a 23.9-acre residential development. The requested master plan includes approval of density/intensity for the site, upland preservation requirement, parkway requirements, access points, and the amenity package. Access In conjunction with the Paloma PUD, the applicant has provided the necessary rights-of- way for the future extension of Victoria Falls Boulevard and Elm Avenue (City’s Conceptual Thoroughfare Roadways #12 and #14). There will be four (4) access points into the site, 3 Date Prepared April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 one (I) from Central Boulevard, one (1) from Victoria Falls Boulevard and the remaining two (2) from the future Elm Avenue. Upland Preserve The applicant is required to provide 9.47 acres (25%) of upland preserve on site. The applicant is providing 9.57 acres on site. In addition, the applicant is converting a 0.25- acre non-functioning wetland to upland habitat. This converted wetland has not been counted as part of the upland preserve requirement. Landscape Buffers The applicant will be providing a 90-foot parkway buffer along Central Boulevard, which has been expanded to 112 feet to include a portion of the upland set-aside required for the site. The upland set-aside doubles as the landscape buffer along the western and southern perimeters of the master site plan. The applicant is providing 15-foot landscape buffers adjacent to future Victoria Falls Boulevard and Elm Avenue. This is consistent with code requirements for landscape buffers. The applicant is responsible for providing a landscape plan for, installing the landscaping within, and ultimately maintaining in perpetuity the road shoulder and 1/2 of the median for the portion of Central Boulevard adjacent to the Property. The applicant will also be responsible for a pro-rata share of the maintenance of the medians and roadway shoulders within the thoroughfares to the north and east of the property. Drainaqe The surface water management system will be under the jurisdiction of South Florida Water Management District (SFWMD), Palm Beach Gardens, and the North Palm Beach County Improvement District (NPBCID) as the site is within Basin 2C of NPBCID Unit of Development No. 2. Sufficient on-site lake area will be created to provide surface and water quality enhancement to meet the provisions of the SFWMD permit (generally io% of the basin) and will connect directly to the NPBCID EPB 3-C Canal. The discharge from Basin 2C will be limited by a NPBCID control structure located in the EPB 3-C Canal immediately west of Military Trail. The run-off from the Central Boulevard right-of-way adjacent to the project limits will be accepted into the surface water management system of the residential portion of PCD, to be referred to as “Cimarron Cove.” The on-site drainage system will consist of a series of catch basins and pipe which will direct runoff to the interconnected lakes. The on-site drainage system will be designed for a 3-year storm event. Planned Communitv District Master Plan Community desiqn 4 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 Section 78-157(h) of the City’s Land Development Regulations, entitled Mixed-Use Planned Unit Development, which pursuant to Sec 78-155(j)(2) are also applicable to Mixed-Use PCDs, requires that mixed-use projects meet certain design criteria established therein for producing a viable mixed-use environment that achieves the goals set forth in the City’s Comprehensive Plan. A. Master Site Plan The applicant has submitted a Master Site Plan in accordance with the City’s application requirements. The master plan includes provisions for the upland preserve set aside requirement, parkway buffers, open space requirements, density/intensity allocations, and site access. B. Thoroughfare Plan Consistent with the City’s Comprehensive Plan and Conceptual Thoroughfare Plan (Map I of the City’s Comprehensive Plan), the applicant will be providing half of the 89-foot right- of-way for the Victoria Falls Boulevard. In addition, an So-foot right-of-way is being provided for the southern segments of the Elm Avenue, south of Victoria Falls Boulevard, which extends to the west side of the Sabal Ridge Planned Unit development (PUD). The applicant will be dedicating half of the required So-foot right-of-way for the segment of the Elm Avenue south of Victoria Falls Boulevard, with the second half of the right-of-way being dedicated by the Paloma development. Currently, the applicant is showing multiple access points to the adjacent roadways surrounding the project, conceptual interior roadways for the commercial portion of the PCD, and the access roadway for the residential portion of the development site. Within the individual proposed site plans, commercial and residential buildings have been aligned to front on these interior road plans. C. Thoroughfare Enhancement Plan The applicant is required to provide an overall graphic that indicates the nature of various roadways and how the roadways will be enhanced through the creation of (I) vistas for pedestrians and motorists; (2) focal points such as lakes, parks, and open spaces; (3) art in public places; and (4) median and parkway landscaping. The applicant has provided a “Thoroughfare and Linkages Enhancement Plan,” an “Amenity Key Plan” and an “Amenity Package,” which the applicant maintains provides for vehicular, pedestrian, and design linkages within the site. The plans indicate the use of hardscape accent features, gathering areas, plaza areas, architectural focal points, compatible architecture and landscape focal areas. D. Pedestrian Linkages The proposed site plan provides for pedestrian connections within the site. Numerous pedestrian gathering locations, plazas and other pedestrian features have been identified on the applicant’s Thoroughfare and Linkage Enhancement Plan. On the individual site 5 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 plans, such pedestrian amenities as a dock, lake overlook, pocket parks and amenitized sitting areas have been identified. Staff has included a condition of approval that the applicant provide a plan for pedestrian- scale lighting along all adjacent rights-of-way and meander the sidewalks along said rights- of-way whenever possible. E. Overall Design Theme The applicant has provided an amenities package that includes illustrations and details of project-wide shared elements, including common hardscape themes, street furniture, lighting, plazas, fountains, and thoroughfare enhancements. A “Key Plan” depicting the location of the amenities on site shall is also included. F. Signage The applicant has shown signage locations on the PCD Master Plan and “Amenity Key Plan.” However no signage is being approved with the PCD. Signage will be approved with the individual site plans. G. Architecture In accordance with the Community Design criteria, architectural design shall have a main focus on pedestrian amenities that include but are not limited to arcades, awnings, colonnades, fountains, loggias, courtyards and/or similar areas providing a connection and focus for pedestrian walkways. Architectural design shall be such that it avoids blank walls and dead spaces without any pedestrian or visual interest. The applicant has provided staff with Design Guidelines for the PCD, which although broad in nature, address these requirements. The submitted building elevations within the individual site plans include porches, balconies, tile, arches, towers and other architecture features and focal points. WAIVER REOUEST The applicant is requesting the following waiver: *:* Section 78-157(f) - Waiver from vertical residential integration component of the MXD Regulations. Applicant’s Justification: Please see attached Project Narrative dated March 3, 2006, prepared by the applicant. Staff Recommendation: Said section states that the minimum requirement for the residential high land use within the project shall be located above the ground floor of a nonresidential use. It further states that the City Council may waive the vertical integration requirement upon consideration of a recommendation by the PUB. Although not stated in the Code, it is staff opinion that this requirement is more tailored for mixed-use projects of more of an urban nature where increased building 6 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 height and greater density is compatible with surrounding areas. This parcel is directly adjacent to a residential project, the Paloma PUD, and two major roadways with no possible integration thereto. Staff has reviewed several site configurations for this site and feels that the location and design of this parcel does not lend itself to an urban project with vertical residential integration. Staff recommends APPROVAL of this waiver request. PLANNING, ZONING AND APPEALS BOARD On January 24, 2006, the PZAB held a workshop to discuss the proposed PCD and the associated site plan for the residential portion of the PCD, Cimarron Cove. The comments and concerns raised by the PZAB were focused around the residential site plan, not the PCD. A list of those concerns and the applicant’s response are attached to the staff report for Cimarron Cove. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition PCD-04-01 with one (I) waiver and the conditions of approval listed below. Engineering 1. Prior to scheduling the subject petition for City Council review, the applicant shall obtain approval of the traffic equivalency analysis currently under review by the City and County. (City Engineer) Prior to scheduling the subject petition for City Council review, the review of the submitted turning movement analysis by the City and County shall be complete. (City Engineer) Prior to scheduling this petition for City Council review, the applicant shall address the comments outlined in the memorandum prepared by LBFH dated April 3,2006, on file with the City’s Growth Management Department. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide cost estimates in accordance with LDR Section 78- 309 and 78-461 and for on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. (City Engineer) The construction, operation and/or maintenance of any elements of the subject project shall not have any 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) Prior to the issuance of the first land alteration, the applicant shall plat the site to include all existing and proposed easements, in accordance with LDR Section 78- 2. 3. 4. 5. 6. 7 Date Prepared April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 446, for City Council approval. (City Engineer) The Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-permit meeting with City staff. (City Engineer) io. Prior to the issuance of the first Certificate of Occupancy, the construction of the proposed Roadways # 12 (Victoria Falls Boulevard) connecting Central Boulevard to Military Trail and #14 (Elm Avenue), shall be complete. It should be noted that these roadways must be designed in conjunction with the City of Palm Beach Gardens, planned roadway linkages. (PBC Traffic) Appropriate surety shall be posted for installation of a traffic signal at the intersection of Military Trail/ Proposed Roadway # 12 (Victoria Falls Boulevard), to be drawn within 24 months after the final certificate of occupancy is issued. Furthermore, upon meeting warrants, proper traffic control and safety devices must be installed at the following four intersections: 7. 8. 9. 11. - - - - Hood Road/Proposed Road #14 (Elm Avenue); Military Trail/Proposed Road # 12 (Victoria Falls Boulevard); Central Boulevard/ Proposed Road #12 (Victoria Falls Boulevard); and Proposed Road #12 (Victoria Falls Boulevard) and Proposed Road #14 (Elm Avenue) indicated above. (PBC Traffic) Prior to issuance of the first land alteration permit, applicant shall submit signed, sealed, and dated construction plans (paving, grading, drainage and water/sewer) and all pertinent calculations for review and comment. (City Engineer) 13. The applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) 14. The applicant shall perform an annual Signal Warrant Study for the intersection of Military Trail and the future East-West Linkage Road, south of Hood Road, until such time that a fully operational signal is warranted. When said signalization is warranted, the applicant shall install the traffic signal and the City shall reimburse the applicant to the extent that the City collects funds pro-rata from other new developments having an impact on the intersection (i.e. Parcel 31B (a.k.a. Parcel 3 i.o3/3 1.05)). (PBC Traffic) 15. The build-out date for this project shall be December 31, 2007, unless otherwise amended by the City. 0 12. Planning and Zoning 16. The applicant shall meander the sidewalks along the adjacent rights-of-way, whenever possible, subject to the discretion of the City Engineer. (Planning and Zoning) The applicant shall provide pedestrian scale lighting along the adjacent rights-of- way, whenever possible, subject to the discretion of the City Engineer. (Planning and Zoning) 18. Prior to the issuance of a clearing permit, the applicant shall obtain approval of a 17. 8 Date Prepared: April 13,2006 Meeting Date: Apnl25,2006 Petition: PCD-04-01 permit to erect a six (6) foot tall construction fence. The timing and location of said fence shall be determined by the Growth Management Administrator. (Planning and Zoning) Uses permitted within the Commercial portion of the PCD shall be established during the approval of the master development plan for the same. (Planning and Zoning) Prior to December 31 of every year following the 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 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) The applicant, successors, or assigns shall provide the City with an accurate breakdown of the uses allocated in the commercial/ofice building when applying for an occupational license. Any amendments to the uses would require parking analysis by the applicant, successors or assigns to ensure compliance with the Parking Code. (Planning & Zoning) Staff reserves the right to modify, add, or remove development order conditions prior to review by City Council. (Planning & Zoning) 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) 19. 20. 21. 22. 23. 0 Landscaping 24. 25. 26. 27. 28. 29. Prior to scheduling this petition for City Council review, the applicant shall address the comments outlined in the memorandum prepared by the City’s Forestry Technician, dated April 4, 2006, on file with the City’s Growth Management Department. (City Forester) Prior to the issuance of the land alteration permit, the developer shall erect and maintain barriers adjacent to the preserves. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester. (City Forester) Prior to the issuance of the first Certificate of Occupancy, the applicant shall remove all prohibited and invasive non-native plants from the site and install all native material within the preserve areas to effectively screen the site from view of public road rights-of-way, to the satisfaction of the City Forester. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape maintenance (including irrigation) of the medians and road shoulders within those sections of public rights-of-way adjacent and/or contiguous to the PCD. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. (City Forester) Landscaping and irrigation within the medians and the adjacent roadway shoulder of Central Boulevard shall be installed within six (6) months of the issuance of the first clearing permit. (City Forester) Landscaping and irrigation within medians and adjacent roadway shoulders for the East-West Thoroughfare and North-South Thoroughfare shall be installed prior to 9 Date Prepared April 13,2006 Meeting Date: April 25,2006 Petition: PCD-04-01 the issuance of the first Certificate of Occupancy. A one-time six (6) month extension may be granted by the Growth Management Director upon review of sufficient justification. (City Forester) Miscellaneous 30. 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) 31. 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) 10 urban PROJECT NARRATIVE PARCEL 31.04 MXD PLANNED COMMUNITY DEVELOPMENT REZONING 0 March 3,2006 RequestLocation Urban Design Parcel 31.04 MXD is an 50.58-acre tract of land located on at northeasturban Planning corner of Interstate 95 and Central Boulevard intersection and hturehnd Planning interchange. This site has a Planned Development Area (PDA) zoning designation, which is identified within the City of Palm Beach Gardens’ Land Development Regulations as a holding zone until an application for a development order approval is submitted. The subject site has Future Land Use Plan designations of Mixed Use (MXD) and Residential High (RH). Landscape Architecture The applicant is requesting a rezoning to a Mixed Use Planned Community District and master plan approval for 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000 square feet of restaurant space and 15,000 square feet of retail space. Please note that the concurrently submitted residential site plan application for Cimarron Cove indicates 204 dwelling units. Concurrency The application for Concurrency Certification for the 3 1.04 MXD PCD was submitted to the City on March 28,2003. The Concurrency Certification application has been since modified on July 18, 2003 for an increase in the number of residential dwelling units to a total of 253 townhouse units, and again on December 23,2003. The most recent modification requested the development program for 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000 square feet of restaurant space and 15,000 square feet of of retail space. Traffic equivalency statements from Kimley-Horn and Associates have been submitted as part of the modification to the proposed development program. History/Zoning/Future Land Use There is no current or past development order on this vacant tract of land. On December 18,2003 the City Council of Palm Beach Gardens approved Ordinance 37, 2003 approving a Small Scale Land Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.4 1 6 acres. The approving ordinance allowed for ~ a change of the Land Use designation from Mixed Use (MXD) to a Residential High (RH) Land Use designation. 1 I I I I ~ Also, on December 18,2003 the City Council ofPalm Beach Gardens approved Ordinance 38,2003 477 S. Rosemary Avenue ite 225 - The Lofts at City Place I I 0 LCC35 tm 0% PALM BCH GDK st Palm Beach, FL 33401 I I G UobsWarcel 3 1 04(MXD)WCD\App11cat1on Info\ProjectNamatlveREV 0225 561.366.1100 561.366.1111 fax w.UDSonline.com APR 17 2006 LCC~~ approving a Small Scale Land Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres. The approving ordinance allowed for a change of the Land Use designation from a Residential High (RH) to a Mixed Use (MXD) Land Use designation. 0 Parcel A Parcel B Parcel C As a result of these Land Use modification approvals, the 3 1.04 MXD PCD property boundaries were reconfigured to allow for a portion of the 3 1.04 site to reflect a Land Use Designation of Mixed Use (MXD) with the remaining portion unchanged as RH. This also allowed the abutting residential community property boundaries to be re-defined and encompass residential land use designations. 5.37 acres - CommerciaYEmployment Center 3.62 acres - Comm erciaYErnploymen t Center 23.90 acres - Residential Access SUBJECT PROPERTY: Existing - Vacant Requested - Mixed Use community Working with the adjacent property owner of Parcel 3 IB, the applicant has provided the necessary rights-of-way for the City’s Conceptual Thoroughfare Roadways # 12 and # 14. There will be four (4) access points into the site, one from Central Boulevard, and the remaining three from the two new public thoroughfare roads which are proposed to be constructed adjacent to the subject site. Existing - PDA Requested - PCD Parcel Breakdown I Parcel Name I Proposed Use Existing Zoning and Land Use Designations I EXTSTINGUSE I ZONING I FUTURE LAND USE I MXD and RH 1 TO THE NORTH AND I PUD 1 G:UobsVarcel 31.04(MXD)VCD\Application InfoVroJectNa1~at~veREV.022506.wpd 0 LCC35 TO THE SOUTH: Interstate 95 and Old Palm PCD residential community RM PCD I ~~ TO THE WEST: Parcel 3 1.06 - Vacant PDA IRH Site Analysis SITE AlVALYSl Parcel 31.04 - Pc PCD District Regulations (Section 78-155) D Proposed Parcel 31 PCD Consistent None 50.58 acres Yes Development Area 15 % or 7.58 acres 13.77 acres or 27% Yes Community- Serving Open Space Density Up to 15 dwelling units per acre under the MXD Future Land Use Plan designation 12 dwelling units per acre under the RH Future Land Use Plan designation 3.0 dwelling units per acre (per Forbearance Agreement) 3.0 dwelling units per acre, plus additional units transferred from WCI (See letter regarding unit transfers.) Yes Upland Preservation (Per Section 78- 250) 9.47 acres (Per Section 78-250) 9.78 acres Yes Parkways (per Section 78- 231) 90 feet in width along Central Boulevard and Hood Road 100 feet along Central Boulevard Yes ParkwayLandscape Buffers G:Uobs\Parcel 3 1.04~)\PCD\Application Info\ProjectNarrativeREV.022506.wpd LCC35 The subject site is adjacent to an identified Parkway along Central Boulevard. The Master Plan indicates a minimum 100 foot upland preserve along the Central Boulevard right-of-way. The Master Plan and the attached conceptual buffer sections are consistent with Comprehensive Plan and Land Development Regulation requirements. SignageLightingKommon Area Landscaping Although signage locations are provided on the PCD Master Plan, neither signage nor lighting plans are being submitted as a part of this application request. The parcel entrance features, signage and lighting plans have been submitted as part of the site plan applications for the commercial and residential site plan applications. In accordance with Section 78-46 (f)(2)k and 78-46(f)(2)1, we are asking that the Growth Management Director grant approval to waive the requirement for the submission of the signage and lighting details at this point in time. Waiver Section 78-157 (I) - Waiver from the vertical residential integration component of the MXD regulations. - We are requesting a waiver from the vertical residential integration component of the MXD regulations. We are proposing vertical integration of non-residential uses (commercial, restaurant, medical office and professional office) within this project. The primary reason for the requested waiver is the desire to create a residential community that is in keeping with the development pattern of the surrounding area. It is recognized that this MXD parcel is contiguous to medium density residential communities and less intensive development. The goal is to provide an inviting and easily accessible mix of uses designed to complement the residential character of the area. We have provided strong horizontal integration between the residential and non-residential uses. There are no large parking areas between the non-residential and residential uses on the site. The proposed MXD is being designed to enhance the existing residential community by providing a mix of non-residential uses, yet respect the established pattern of residential development by providing a similar product within the proposed residential component of the development. It is not anticipated that this area will become a major urban corridor of activity, but instead maintain a neighborhood character. Thus, the MXD is being designed to internalize activity to create a neighborhood destination of choice, encouraging connectivity, both pedestrian and vehicular, while respecting the establishing residential communities that surround the site. G:VobsVarcel3 I .04(MXD)VCDlApplication InfoVrojectNarrativeREV.022506.wpd 0 LCC35 H: \ACAD-DW@rcd31 04 MXD \PC D \C urrent \MP \PC D( 14APR06) \PC D (1 4APR@w9. 04 /14/2006 03.04 13 PM, Ste /e Sulli /on SITE DATA PAI i~h =I n LLVIVL PUC LJI' I Y ZONING. EXISTING PDA , PROPOSED PCD LAND USE, EXISTING MXDlRH , PROPOSED MXDlRH SECTION 35 TOWNSHIP 41 RANGE 42 FLOOD ZONE B TOTAL SITE AREA 50.58 AC RESIDENTIAL PP.RCEL C ACREAGE 23.80 AC. DWELLING UNITES, TOTAL 236 DU RESIDENTIAL HIGH 236 DU GROSS DENSITY 8.54 DUlAC NON-RESIDENTIAL . PARCELS A 6 B SUBTOTAL ACREAGE 8.99 AC. PARCEL A 5.37 AC. PARCEL B 3.62 AC. TOTAL FLOOR AREAS 78.666 S.F. RETAIL 15,000 S.F. MEDICAL OFFICE 38.0W S.F. PROFESSIONAL OFFICE - 14.866 S.F. RESTAURANT 9,OW S.F. (2 a 3 STORY - CONDOMINIUM) SQUARE FOOTAGES PER PARCEL PARCEL A PARCEL B UP TO 76,866 S.F. UP TO 76,866 S.F. PUBLIC RIGHT-OF.WAV DEDICATIONS INTERSTATE 95 135AC THOROJGHFARE ROADWAYS -3 17 AC REQUIRED 7.58 AC. 15% PROVlDED(Wm)TlNCLUDEUKES) -13.77AC. 27% ~ UPLAND PRESERVE' REQUIRED 8.47 AC. PROVIDED 9.56 AC. WETUND RESTORED TO UPLAND PRESERVE 0.25 AC. BUFFERS AND OTHER PERVIOUS -3.98 AC, 6 48 AC WE (NOT INCLUDED IN WEN SPACE) - INOTES .BOUNDARY DIMENSONS NOTED ON PLAN PROVIDED BY .ALL LAND AREAS WITH*( 160' OF THIS SITE ARE ZONED LIDBERG LAND SURVEY AND MAPPING INC. AND HAVE A FUTURE LAND USE DESIQNATDN AS NOTED DN PLAN. .SEACOAST UTILITY AUTHOR~Y WILL BE THE SOURCE OF POTABLE WATER AND SANITARY SEWER SERVICE. MODlFlOATlONS FOR OEOMETRY. 0PERATK)NAL AND SAFETY 'PARCEL ACCESSES SHALL BE SUBJECT TO REVIEW AND OF LINKAGES WILL REMAIN THE SAME. AND WILL PROVDE RAMPS PER THE FLORDA ACCESSWUTY -ALL SIDEWALKS WILL PROVIDE UNIVERSAL A00eSS8ILllY CODE, ADA AND FDOT REOUIREMENTS. THE DETAILS. AND FINAL CONFIWRATIONS TO BE SHOW ON CONSTRUOTION PLANS, BE LOCATED ON THE ENGINEERING PLANS AND TO BE CERTIFIED BY THE PROJECT ENGINEER. OR THERMOPLASTIC ON ASPHALT. CONSTRUCTION PLANS SHALL PROVIDE HANDICAP RAMP .ALL MEANDERING SIDEWALKS ARE CONEPTUAL IN NATURE .ALL STOP BARS, ROADWAY SIQNAOE. CROSS WALKS SHALL 'ALL STOP BARS AND CROSSWALKS WILL BE WHTE PAVERS * CURSINO DETAILS SHOWN ON ENGINEERHG PLANS. .SEE ENOlNEERlNG PLANS FOR ALL ROADWAY CROSS *ALL UTILITY AND DRAINAOE EASEMENTS ARE PROPOSED SECTIONS AND OEOMETRIES. UNLESS NOTED. . ___ . _. 'ALL EXISTING FENCES TO BE REMOVED AT THE TM OF CONSTRUCTION OF RUCIFFRL - - . ._ . . . - - . .- . . -. __ . . _. 'LAKE DESIQNS AND LOCATIONS ARE OONCEPTUAL IN 'ALL SIQNS WILL BE PLACED BACK A MINIMUM IF 16' FROM NATURE AND MAY BE AMENDED DVRHO SITE PLAN REVIEW. THE RIGHT-OF-WAY LINE. BOUNDARY IS FOR INFORMATIONAL PURPOSED ONLY. LAKE LOCATIONS ARE CONCEPTUAL IN NATURE. EXACT BOUNDARIES TO BE DETERMINED AT SITE PLAN APPROVAL *ALL SURROUNDINO INFORMATION OUTSIDE OF THE PARCEL w ,iiir;\ PROPOSED 16% MINIMUM 2.0% MAXIMUM 30% PROPOSED 20% MINIMUM 20% MAXIMUM 00% PROPOSED 48% EMPLOYMENT OENTER MINIMUM 2.0% MAXIMUM 30% PROPOSED 12% NEIQHBORHOOD COMMERCIAL RESIDENTIAL MQH I I II I I I I %. f 'D\PCD\Current\MP\Thoro-Llnk (03MAROG)\Tho nkogePlon dwg, 04/14/2006 12:54:41 PM, Stele Sullimn i I i:' I I I/ I I I I' NOTES ACTUAL LOOATION OF MAQES TO BE DRERYMED AT WE TME OF S1"E PLAMlNQ TM MIwI)ER OF MAQES AND POINTS OF % . '\ I Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida U/ I thoroughfare and Linkage Enhancement P I I I I I I I I I I I I i I MERWNNECTlVlTY AS SHOWN HARDSOAPE AW uH(Aa MAIcR(AL8 TO BE DmWED A8 PAR? OC THE SITE PUN REVIEW PROCESS BUT TO REMAIN UMFYlNQ H CKARACTER THRWWOUT THE WXD. PEDESTRIAN SOALED LKWTMQ WlLL BE PROW ALONG PEDEBTRIAN ROUTES. ALL PEDESTMAN CROBBHOB ARE TO BE PAVERS TH)(XKY(OUT THE MXD. ALL MAN ENTRIES HAVE THEWED LANDSCAPHQ DEOIQN. PARK#& Am PACKAQE AN0 DCSIQN FOR MORE OETIALS. LEGEND --- PARWUWEB -1 VEHOUAR MOL IPROv18ON FOR ON STREET PARKWQ TO BE MADE). VEHOUUR LNKAQ (RCSDtwTuL ALLEW ----- ****"e* PEDESTRIAN LINKAM A PLAZA AREA LAWSCAPE FEATURE v) I -I U rn rn 5 r: 0 Z m z r m 0 c r rn A U E n U s 5; ? cn A 0 D U z 5 r rn c) rn z U 1 Parcel 31.04 MXD/PCD I 'aim Beach Gardens, Florida 3UFFER KEY ,--#I- a P-- r -0 D z It) II P ? P v) 0 c 4 I 7J 0 D 9 5 zr: i3 Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida I BUFFER A v) 0 c -I I A 0 D z 2 6 0 z GI v) 0 c E K 3 i a f f jj j ii i 333 *.I* iii YY Pi Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida I BUFFER BI 0 n I I I 4 (D % r I 0 W I Parcel 31.04 MXDlPCD I I Palm Beach Gardens, Florida I BUFFER 82 f T D ;D 0 /J I I I I I I I I I I I 0 I II I II I II I I Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida I BUFFER C -u E I m L E E 3 I1 L c / 3 e I i . 4 5 Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida I BUFFER D1 --- ---- I Parcel 31.04 MXD/PCD Palm Beach Gardens, Florida I BUFFER D2 0 I Parcel 31.04 MXD/PCD 11111 Palm Beach Gardens, Florida I BUFFER E I EASEMENT SEACOASl EASEMENT ACCESS EASEMEHT Parcel 31.04 MXDIPCD Palm Beach Gardens, Florida I BUFFER F L rn c1 rn (I c F !! i n C - c - m C TI z n rn 6 I z v) ;P 0 D D .< D D 0 rn z -I I 2 e 2 'II A ffl A rn m i5 6 I 0 x z c) v) 0 c -I I * A ? E n n $ ---- -I C P P 0 1 Parcel 31.04 MXD/PCD 111 Palm Beach Gardens, Florida I BUFFER G I 8 I PI I P z 5 a p 0 0 0 0 0 0 0 0 qJ @@a 0000000000~ 4 ~00000000(!l000 tb o o o 0 o o o o ch o 0-0 b 1 90 0 0 0 0 0 0 0 0'0 0 Qy3 000000 I I I i I L I' I Parcel 31.04 MXDlPCD Palm Beach Gardens, Florida I Central Median "I" ,..' PARCEL 31.05 NOT A PART THIS SURMY PARCEL 31.07 NOT A PART THIS SURVEY 6€mCuI,~I~ m. R*NoE 41 EMT. PIul nwm OIRDEW. nww 4 I II I II I1 I Ill I I I1 c d m i AS SHOWN SCALE TE D ROYAL PALM BE FOR: GARDENS I 650 / FAX (561) 7 & 8.. w . < i i i i a t I- MATCHUNE "A' -\ 5 v) C z m MATCHUNE "A' c c F B 198/PGS 1-10 ......................... I--_-_-______________ ........... ............. .......... _.! '! ...... .I. ... ., . ............ - . ........... I ...... ., .... .. ._- ./. ._. . ...... - ... ........... .......... .......... ........... .......... : ......... ' ')! .......... .......... ........ j ............. .......... I ...... I_. .. .,: ..... .,. .... , ...... f Parcel 3 1.04 Mixed Use Planned Community Development Design Guidelines F &W.* March 3,2006 urban G:UobsWarccl 3 1,04(MXD)WCD\Application Info\DcsignGuidelines.32205.wpd Lcc35 e PLANNING & ZONING DN DESIGN GUIDELINES w w Roof treatments may include flat, gable or hip roofs. The gable and/or hip roofs shall include barrel tile. Building colors of the residential and non residential portions of the development to be complimentary of each other. Architectural style of the residential and non-residential shall be complimentary of each other. Possible signature elements of the MXD shall be created to maintain a unifylng character and sense of place. Tenant and Building Identification signage to be approved by City Council during site plan review. However, tenant signage shall include: 24" high letters Internally lit letters 36" high letters Building Identification Signage shall be limited to: w Internally lit letters Building entrances shall face the main drives and/or a plaza. Common architectural elements shall include: w Four-sided architecture with breaks in roof lines (vertically or horizontally) and/or in building facade treatment to break up the mass of the buildings and to create interest at a minimum of 100 linear feet. Concrete block construction with textured stucco Horizontal banding, scoring, tiles and/or medallions Additional architectural elements may include: G:UobsWarcel3 1.04(MXD)WCD\Applicatim Info\DesigoGui&lincs.32205.wpd Lcc35 w w w w w Columns and/or arched features Shutters or fabric awnings (colors to be determined by City Council during site plan review) Overhangs, patios and/or balconies, arcades, trellises Tower features w Building heights to be consistent with the City's Mixed Use overlay zoning district standards. Street furniture, wayfinding signage, and lighting to be a consistent theme throughout the mixed use project in order to maintain a sense of place and connectivity. All MXD entries to be marked with a sense of arrival through the use of coordinated landscaping and hardscape material. Areas of passive pedestrian use and seating to be provided throughout the MXD. G.UobsWarccl3 1 .~D)WCD\Applicatim Info\DcsigaGui&linc.32205.wpd Lcc35 PARCEL 31.04 MXD AMENITY KEY PLAN I 6, 1 "L -- - e- ~ -- **- PET#pcD-04-01 MARCH 3,2006 4 PARCEL 31.04 MXD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA d NOTE: PEDESTRIAN PATH ON BRILXE TO HAVE DECORATIVE RAILING. E, - PALM BEACH GARDENS, FLORIDA R PET#PCDWl MARCH 3,2006 PARCEL 31.04 MXD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA m- VW LL, . . . " -.- PET.#PcD-04-01 MARCH 3,2006 'F ShJ ? PARCEL 31.04 MXD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA P 4 c PET#PcD-04-01 MARCH 3,2006 c PARCEL 31.04 MXD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA L I 3 271IC 1 m I W d , ‘v&. 1 - L’” _- " PARCEL 31.04 MXD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA :c. &, n R PET#PCD-OP.O1 MARCH 3,2006 PARCEL 31.04 MXDIPCD AMENITY KEY PLAN PALM BEACH GARDENS, FLORIDA A il 0 ACTUAL LOCATION OF LINKAGES TO BE DETERMINED AT THE TIME OF SITE PLANNING. THE NUMBER OF LINKAGES AND PONTS OF INTER CONNECTIVITY AS SHOWN. SIGNATURE ENTRY 0 GATHERING AREA A PLAZAAREA #2 WATER FEATURE ARCHITECTURAL FEATURE/FOCAL POINT ( 1 ART IN PUBLIC PLACES I) FOCAL LANDSCAPE AREA HARDSCAPE ACCENT FEATURE 0. .... PEDESTRIAN LINKAGE - VEHICULAR LINKAGE (PROVISION FOR ON STREET PARKING TO BE MADE ON NON-RESIDENTIAL LINKAGES) 1-11 VEHICULAR LINKAGE PARCEL LINES (RESIDENTIAL ALLEY) NOTES PET#PCD-04-01 APRIL 17,2006 0 HARDSCAPE AND LINKAGE MATERIALS TO BE DEFINED AS PART CESS BUT TO REMAIN UNIFYING IN CHARACTER THROUGHOUT THE MXD. OF THE SITE PLAN REVIEW PRO- PEDESTRIAN SCALED LIGHTING WILL BE PROVIDED ALONG PEDESTRIAN ROUTES, AS REQUIRED. 0 ALL PEDESTRIAN CROSSINGS ARE TO BE PAVERS THROUGHOUT THE MXD. 0 ALL MAIN ENTRIES HAVE THEMED LANDSCAPING DESIGN. 0 SEE AMENITY PACKAGE AND DESIGN FOR MORE DETAILS. urban CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: SP-04-05 SUBJECT/AGENDA ITEM SP-04-05: Cimarron Cove - Site Plan Approval Public Hearing and Recommendation to City Council: A request by Mr. Marty Minor, of Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, for site plan approval to allow the development of 204 multifamily townhouse/condominium units within “Parcel C” of the proposed Parcel 31.04 Mixed-Use Planned Community Development consisting of approximately 24 acres to be referred to as “Cimarron Cove.” The approximately 50.58-acre proposed Parcel 31.04 Mixed-Use Planned Community Development is located directly east of the intersection of Interstate 95 and Central Boulevard . [XI Recommendation to APPROVE with three (3) waivers and conditions of approval [ ] Recommendation to DENY Reviewed by: City Attorney Christine P. Tatum Finance Administrator Allan Owens Development Compliance Bahareh Keshavarz-Wolfs, AICP Interim Growth Management Administrator Daniel P. Clark, P.E. Approved By: City Manager Ronald M. Ferris Originating Dept.: [XI Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: Date: 4/14/06 Paper: Palm Beach Post [XI Required [ 3 Not Required Affected Parties: [XI Notified [ 3 Not Required FINANCE: Finance Administrator: Allan Owens Building Accountant: BY K. Labossiere FeesPaid: [ ] Date: Budget Acct. # : N/A PZAB Action: [ ]Approved [ ] App. w/ conditions [ ]Denied [ 3 Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ]Continued to: Attachments: Applicant’s Narrative PZAB Workshop comments and applicant responses Letter related to transfer of dwelling units Site Plan Landscape Plan Color Site Plan and Parking Exhibit Elevations & Floor Plans Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 EXISTING USE BACKGROUND The approximately 24-acre subject site (the “Site”) is located within “Parcel C” of the ZONING LAND USI: proposed Parcel 31.04 Mixed-Use Planned Community Development (PCD). The 50.58- acre Parcel 31.04 consists of unimproved land with mainly upland vegetation. Subject Property Vacant North Parcel 31B a.k.a. Paloma PUD (Vacant) South Sabal Ridge PUD Interstate Highway 95 East Parcel 31B a.k.a. Pxma PUD (Vacant) West Parcel 31.06 / 31.07 (Vacant) The residential development, to be referred to as “Cimarron Cove,” is proposed to consist of 204 multi-family townhouse/condominium units with integrated pedestrian and vehicular connections with the abutting commercial parcel. The proposed density of 8.54 du/acre is well within the 12 du/ac allowed under the Residential High portion of the MXD Future Land Use Plan designation. It is important to note that the Forbearance Agreement allows up to 3.0 dwelling units per acre on the site. However, in accordance with the attached letter dated August 19, 2003, prepared by the City’s Growth Management Department related to the transfer of dwelling units within certain parcels that are subject to the Forbearance Agreement, the site is permitted up to 253 dwelling units. Mixed-Use (MXD) Residential High (RH) Residential Medium Planned Development Area (PDA) Planned Unit Development (PUD) Planned Unit Residential Medium Development (PUD) (RM) Residential High (RH) Residential Medium (RM) Mixed-Use (MXD) Planned Unit Development (PUD) Planned Development Area (PDA) Please refer to the “Background” section of the staff report for the proposed Parcel 31.04 Mixed Use PCD (Petition PCD-04-01) included in the Board’s packet for more information. LAND USE 81 ZONING The land-use designation of the Site as shown on the City’s Future Land Use Map is Mixed- Use (MXD). The Site is currently zoned Planned Development Area (PDA). The applicant is requesting approval of a rezoning to a Mixed Use Planned Community District 0 (MXD/PCD) Overlay with an underlying zoning of Mixed Use (MXD). The existing land uses and zoning designations of properties surrounding the Site are provided in the following table: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS 2 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 On April 18, 2005, conditional traffic concurrency for Parcel 31.04 was approved for 15,000 square feet restaurant use, 4,000 square feet drive-in bank, 12,000 square feet drugstore use, 11,600 square feet commercial retail use, 10,ooo square feet professional office, and 252 multi-family units. On February 28, 2006, the applicant submitted a traffic equivalency statement to the City to revise the development program to indicate 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000 square feet of restaurant space and 15,000 square feet of retail space. No additional traffic concurrency is being requested by the applicant. Said traffic equivalency is currently under review by the City and is required to be approved prior to scheduling this petition for City Council review. Please refer to the “Concurrency” section of the staff report for the proposed Parcel 31.04 Mixed Use PCD (Petition PCD-04-01) included in the Board’s packet for more information. PROJECT DETAILS The proposed 204-unit townhouse development will consist of both two (2) and three (3) story units. One hundred eleven (111) of those units will be front loaded. Although gated, the development contains some aspects of a “New Urbanism” type development with some front doors facing urban greens with alleyways in the rear and on-street parking. The units will be sold as fee simple condos. Site amenities include a pool area and cabana, bicycle parking, a central lake feature and a pedestrian circulation system. The residential buildings are situated around the central 3.45-acre lake with a pedestrian pathway and amenities (i.e. gathering areas, observation dock, etc.) surrounding the lake. Architecture Cimarron Cove features townhomes/condominiums offering two and three bedrooms. According to the applicant, the residences reflect and draw their architectural influence from the Mediterranean and Anglo-Caribbean styles. The Mediterranean Revival structure is typically asymmetrical and eclectic with multiple levels, multiple interior and exterior spaces and multiple buildings. Building massing tends to be irregular with a variety of shapes and heights. Building-type A is a three-story, rear-loaded townhouse unit, which will alternate between a Mediterranean style with barrel tile roof and Anglo-Caribbean style with a concrete tile roof. Each Building A unit features a rear-loaded two-car garage. The elevations feature balconies, porches, and numerous architectural features. These three (3) story units have been located in the central portion of the site. 3 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: Sp-04-05 Building B is a two-story, front-loaded townhouse unit, which will alternate between an Anglo-Caribbean architectural style and Mediterranean styles. Building B units feature one (1) and two (2) car garages. Each Building B includes full driveways for the tenants and guests. The elevations feature balconies, porches, and numerous architectural features. These two-story units are located around the perimeter of the site in order to provide consistency with the surrounding land uses. Building C contains a mixture of three-story units with two-story end units - all of which feature Mediterranean and Anglo-Caribbean styles. All proposed building feature two- and three-bedroom units. Landscapinq The community will benefit from Oak and Silver Buttonwood tree lined streets. The landscape plans exceed the minimum landscape points by 150% and are complementary to adjacent community landscape designs. The Cimarron Cove site plan has an open space requirement is 35%. The applicant is providing or 48% open space. The community will share upland preserve with the commercial development which will also connects to adjacent preserves along Central Boulevard, Interstate 95 and the Paloma PUD development to the east. This interconnection of preserve areas provides the community a sense of natural wooded areas. The required parking for residential units is based on the number of bedrooms. Parking required by Code is 592 spaces. The applicant is providing 708 parking spaces. Since the proposed number of parking spaces is above 10% of that required, the applicant must’ obtain approval of waiver to allow for the additional spaces (please see “Waiver” section of this report). Seventy-eight (78) of the units on site do not have driveways long enough to accommodate a parked vehicle outside of the garage. Tenant of those units will be forced to park in either the garage or in the additional parking spaces scattered throughout the site. Based on parking issues observed by staff in the field with built projects, such as the Harbor Oaks residential development in the Regional Center, that contain driveways not long enough to accommodate a parked vehicle outside of the garage, staff had concern relative to the same. In response, the applicant has provided extra parking spaces within close proximity to those units with the shorter driveways. As requested by staff, the applicant provided an exhibit, entitled “Parking Exhibit Detail” (attached to color site plan), that demonstrates the applicant’s provision of at least one (I) additional parking space per bedroom for the units with the shorter driveways in close proximity thereto. All other units can accommodate cars parked in the driveway. Based on (1) the fact that the applicant is providing 116 parking spaces above and beyond that required by Code, which requires a waiver; (2) the fact that the applicant provides at least one additional parking space per bedroom for the units with the shorter driveways in close proximity thereto; and (3) the fact that staff has included a condition of approval that requires the POA documents to I 4 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 prohibit parking in the alleys, staff does not object to the shorter driveways. Signaqe The applicant is proposing one project sign at the community entrance from Elm Avenue. The requested scored stucco sign is 5’ 6’’ in height and 12’ in width, which is consistent with the City Sign Code (please see attached Entry Sign Elevation on “Pool Cabana and Entry Sign”p1an). Phasinq The Cimarron Cove community will be built in a single phase. Access Access to the 31.04 MXD PCD site is proposed from Elm Avenue, u ic . borders the entire PCD site on the eastern perimeter. This roadway section was approved by the City of Palm Beach Gardens as a part of the Paloma PUD rezoning. Cimarron Cove is a proposed gated community with vehicular access being provided from two locations: directly off of Elm Avenue (TP Road #14) into the development; and a direct connection from the residential portion to the commercial portion. The development is proposed to have integrated pedestrian and vehicular connections that will provide the residents easy access to both the commercial development to the north or to the major thoroughfare to the east. - CPTED Compliance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the master site plan and Parcel C and has provided staff with several comments pertaining to security on site and adherence to the CPTED principles. WAIVER REOUESTS The applicant is requesting the following three (3) waivers (please see attached waiver jus tijka tion) : 1. Section 78-441 - Issuance of Building Permits Prior to Plat Approval. Applicant’s Justification: The applicant is requesting a waiver from Section 78-441 (C) to allow the clearing of land and the issuance of building permits for model units and a temporary sales center prior to the plat being recorded. Section 78-441 (C) states: “All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the City Council and placed in the official records of the county prior to the issuance of a building permit for the subject property.’’ It is the applicant’s desire to start construction of the temporary sales center, three townhouse 5 Date Prepared: April 13,2006 Meeting Date: April 25, 2006 Petition: sp-04-05 buildings, as indicated on the site plan, immediately upon site plan approval for use as a model. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition. This request would allow the construction of these model units to begin during the 90 day +/- period after site plan approval while the plat is being reviewed. Staff Recommendation: This waiver has been granted by the City Council for other projects of this nature. Staff has provided conditions of approval relative to the construction of dry models on the site. Staff recommends APPROVAL of the waiver request. 2. Section 78-563 of the City Code - Waiver to allow encumbrances within Lake Maintenance Easements and reduced LME widths. Applicant’s Justification: The applicant is proposing landscaping within the proposed Lake Maintenance Easements in order to enhance the aesthetics of the project. This landscaping is adjacent to both the future north-south roadway and the proposed lake north of the Cimarron Cove entrance. These areas will be designed, in coordination with the City Engineer, to provide alternate access to the lake as possible. This alternate access will entail reduced LME width of a minimum 12 feet in size which would be cleared of all impediments and providing access routes to the lake for maintenance while maintaining the desired landscape buffering. These lakes will be privately maintained and have been designed to allow for access for maintenance. The applicant requests this waiver to allow for a more visually pleasing project, while still ensuring proper maintenance of lakes on the site. Staff Recommendation: Staff has reviewed the proposed configuration with the City Engineer and has determined that sufficient access is being provided to maintain the lake. Staff recommends APPROVAL of the waiver request. The waiver request will enhance the aesthetics of the project. 3. Section 78-345(d)(3) of the City Code - Waiver to allow more than 110% of the required parking on the site. Applicant’s Justification: Based on the number of bedrooms (plus 5% of the requirement for guest parking), the parking requirement for the Cimarron Cove site plan is 592 parking spacees. The applicant is providing 708 parking spaces on the site. These spaces are located within individual unit garages, unit driveways and on- street parking. Although the majority of the “extra” parking spaces are located within the driveways for individual townhome units, the applicant is seeking a waiver to provide 119.5% of the required parking for the Cimarron Cove site plan. The provision of these “extra” spaces is to ensure that there is sufficient parking for all residents and their guests. In accordance with the City’s Land Development Regulations, the applicant is providing 56 “extra” parking spaces (708 total spaces - 6 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 652 spaces (110% of total requirement)). The amount of extra open space has been determined by 56 spaces x 185 s.f. (size of typical parking space) x 1.5 = 15,540 s.f. or 0.35 acre. The Cimarron Cove site plan indicates 48% or 11.59 acres open space, while the requirement is 35% or 8.37 acres open space. The additional 0.35 acres has been accommodated within the site plan and has been identified. 0 Staff Recommendation: Staff agrees with the applicant’s justification. Based on staffs position relative to the parking discussed in the “Parking” section of this report, staff recommends APPROVAL of the waiver request. PLANNING, ZONING AND APPEALS BOARD On January 24, 2006, the PZAB held a workshop to discuss the proposed PCD and the associated site plan for the residential portion of the PCD, Cimarron Cove. The comments and concerns raised by the PUB were focused around the residential site plan. A list of those concerns and the applicant’s response are attached hereto (“Summary of PUB Comments from the January 24, 2006 Workshop Meeting...”; and “Resubmittal of Cimarron Cove Site Plan with the Parcel 31.04 PCD” dated March 3,2005). STAFF RECOMMENDATION Staff recommends APPROVAL of Petition SP-04-05 with three (3) waivers and the conditions of amroval listed below. LA Engineering 1. Prior to the issuance of the first vertical building permit, the applicant shall: (a) Provide a street address system depicting street names and residential numbers for emergency response purposes. The address system depiction shall be in 8.5” x 11’’ map format (Police); and (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). 2. 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) 3. 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) 7 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 (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 fire/emergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineer, Fire Rescue) 4. 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) 5. 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) 6. Prior to scheduling the subject petition for City Council review, the applicant shall obtain approval of the traffic equivalency analysis currently under review by the City and County. (City Engineer) Prior to scheduling the subject petition for City Council review, the review of the submitted turning movement analysis by the City and County shall be complete. (City Engineer) 7. 0 8. Prior to scheduling this petition for City Council review, the applicant shall address the comments outlined in the memorandum prepared by LBFH dated April 3,2006, on file with the City’s Growth Management Department. (City Engineer) Landscaping 9. Prior to scheduling this petition for City Council review, the applicant shall address the comments outlined in the memorandum prepared by the City’s Forestry Technician, dated April 4, 2006, on file with the City’s Growth Management Department. (City Forester) Police io. All lighting shall be metal halide following IESNA lighting standards. Submit detailed photometric lighting plan. ii. 0 growth). Landscaping shall not conflict with lighting (to include long-term tree canopy 8 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 The applicant shall provide timer clock or photocell sensor engaged lighting for above or near entryways to residences and all pedestrian sidewalks. 12. 0 13. 14. 15- 16. 17. 18. 19. 20. 21. 22. All pedestrian walkways on site, including parkway multi-use pathways and side walks within rights- of-way shall be lit at minimum no less than .6 candles with 14’ pedestrian scale lighting of similar design to parkway lighting used within Mirasol/Jog Road parkway corridor. The applicant shall provide lighting for entrance sign. Landscaping should not obstruct view of windows, building address numbers, and walkways. The applicant shall Strategically place directories with arrow indicators for building addresses at the ingress point at driver eyesight level mounted in a permanent stationary and durable manner and should remain unobstructed at all times from trees, shrubs, or anything that would tend to hide or obscure from public access. Numerical addresses: (a) Shall be illuminated for nighttime visibility. (b) Must have bi-directional visibility from the roadway. (c)Address numbers on entry doors and garages of multi- tenant buildings need to be a minimum of 6”in height. (d) Building numbers for multi-unit buildings need to be a minimum of 12” and placed in a conspicuous location away from landscaping. Mail kiosks for multi-units shall be placed in a high activity and conspicuous location for enhanced safety and natural surveillance of users. Use of raised brick pavers in high pedestrian/vehicle travel areas in furtherance of pedestrian safety. Sales center, clubhouse and recreational facilities shall be pre-wired for alarm systems. The applicant shall restrict access to recreation buildings and pools through the use of key card or key. Residential Security (a) The entry and inside garage door leading into the residence shall be a solid core (b) Shall be pre-wired for an alarm system. (c) Entry doors to open outward versus inward. (d) If front door has zero visibility to front entryway area, equip it with a 180-degree (e) Equip all exterior doors with security hinges. (f) Anti lifting auxiliary locks should be in stalled on sliding glass doors and door and equipped with a single cylinder dead bolt lock. peephole. windows. 9 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: sp-04-05 23. Parkway Preserve/Meandering paths: (a) Shall maximize natural surveillance of the pedestrians users through selective vegetative management practices. Ground cover should be no higher than 24” and trees having a minimum 7’ clear trunk space creating a natural surveillance window. (b) Install 14’ pedestrian scale lighting along pathway and bridge pedestrian paths. (c) Sights lines should have a 12’ clear distance space at entry points, curves, (d) Install signage to promote enhanced safety and awareness. (e) Directories shall be placed at the ingress points and strategically place mergers, intersections, etc.. . directories with arrow indicators for buildings throughout the property at vehicle driver slight level. (0 Benches in park area intended for nighttime use shall have adequate lighting in the area they are located. Benches should also be in open view to eliminate concealment areas. (g) Bicycle racks shall be installed near building entrances or in close and proximity to buildings. 24. Prior to issuance of the first building permit, the applicant shall prepare a construction site security and management plan for approval by the City’s Police Department CPTED Official. (a) The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day, fencing with screening ( along Central Blvd.) and/or any other measure deemed appropriate to provide a safe and secure working environment. (b) The security management plan shall be maintained throughout the construction phase of the project. Non-compliance with the approved plan shall result in a stop- work order for the entire planned unit development. Planning and Zoning 25. The applicant shall provide impact resistant glass throughout the residential development to meet acceptable wind-loading standards as opposed to providing shutters for the windows. (Planning & Zoning) 26. Staff reserves the right to modify, add, or remove development order conditions prior to review by City Council. (Planning & Zoning) 27. The Property Owners Association (POA) documents, to be approved by the City Attorney prior to the first Certificate of Occupancy, shall contain a pro&ion that prohibits parking within the alleys. (Planning and Zoning) 0 10 urh PROJECT NARRATIVE SITE PLAN REVIEW APPLICATION -7 b CIMARRON COVE c (aka. Parcels 31.04 Residential) April 14,2006 SA-? - -- Urban Design Urban Planning RequestLocation Land Planning Landscape Architecture The proposed Cimarron Cove (Parcel 3 1.04 Residential) development is a 23.9 acre tract of land lying in the southern portion of the Parcel 31.04 MXD Planned Community Development, located on the southeast comer of the Interstate 95 and Central Boulevard intersection and future interchange. The residential development is proposed to consist of multi-family townhouse/condominium units with integrated pedestrian and vehicular connections with the abutting mixed use development. The applicant, Gardens 95 Limited Partnership, L.L.C., is requesting review of a Site Plan within a Planned Community Development application for 204 multi-family townhouse/condominium units within the Cimarron Cove development. This is a reduction of 48 units from the original request for 252 townhouse units. The proposed design of the residential community is consistent with other residential communities within the City of Palm Beach Gardens. The petitioner is proposing 204 multi-family townhome/condominium units within Cimarron Cove for a density of 8.54 ddacre. This density is well within the proposed PCD density allowance of up to 15 dwelling units per acre under the MXD Future Land Use Plan designation and 12 dwelling units per acre under the RH Future Land Use Plan designation. In addition, this density is 2 ddac less than The Forbearance Agreement allows up to 3 .O dwelling units per acre with the addition of the units released from WCI Communities. (Previously submitted was a letter from PBG Growth Management Director, Charles Wu.) Cimarron Cove’s convenient location at the hture interchange of Central Boulevard and Interstate 95 and just south of Hood Road will provide its residents the enjoyment of close proximity to onsite “places to shop and work” as well as many nearby shopping, entertainment, and recreational opportunities. Concurrency The application for Concurrency Certification for the 3 1.04 MXD PCD was submitted to the City on March 28,2003. The Concurrency Certification application has been since modified on July 18, 2003 and again on December 23,2003. The most recent modification requested the development program to exclude the proposed Convenience Store with Fueling Pumps, and reduce the Retail use by 48,400 square feet to 11,600 total square feet. A High-Turnover Restaurant with 15,000 sq.ft, a Drive Through Bank with 4,000 sq.ft, a Drugstore with 12,000 sq.ft, Office use at 10,000 sq.ft., and 252 residential dwelling units continue to be requested as a part of the concurrency a lication as well. Traffic477S-Rosema~Avenue Suite 225 - The Lofts at City Place 561.366.1 100 www.UDSonline.com statements from Kimley-Ho~~~~~~~~~~~enw,st Palm Beach, FL 33401 561.366.1 11 1 fax XPR0T? zoos LCC35 G UobsParcel3 1 O4(MXD)Residential SPRMpplication Info\REVProjectNarrall Urban Design Studio - LCC35 Page 1 Cimarron Cove Project Narrative March 3,2006 Page 2 submitted as a part of the modifications to the proposed development program. The traffic program was approved by the City on April 8,2005. On February 28,2006, a traffic equivalency statement was submitted to the City indicating a revised development program of 236 multifamily dwelling units, 9,000 s.f. of restaurant space (including outdoor seating area), 14,866 s.f. of general office space, 15,000 s.f. of general commercial space and 38,000 s.f. of medical office area. The City is currently reviewing this traffic equivalency statement. History/Zoning/Future Land Use There is no current or past development order on this vacant tract of land. On December 18,2003 the City Council of Palm Beach Gardens approved Ordinance 37,2003 approving a Small Scale Land Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 6.41 6 acres. The approving ordinance allowed for a change of the Land Use designation from Mixed Use (MXD) to a Residential High (RH) Land Use designation. Also, on December 18,2003 the City Council of Palm Beach Gardens approved Ordinance 3 8,2003 approving a Small Scale Land Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 3.42 acres. The approving ordinance allowed for a change of the Land Use designation from a Residential High (RH) to a Mixed Use (MXD) Land Use designation. As a result of these Land Use modification approvals, the 31.04 MXD PCD property boundaries 0 were reconfigured to allow for the majority of the subject site to reflect a Land Use Designation of Mixed Use (MXD) and a Residential High portion located on the southern portion. This also allowed the abutting residential community property boundaries to be re-defined and encompass residential land use designations. Phasing The Cimarron Cove community will be built in a single phase. Access Access to the 31.04 MXD PCD site is proposed from Thoroughfare Plan Road #14 (north-south directional road) which borders the entire PCD site on the eastern perimeter. This roadway section was approved by the City of Palm Beach Gardens as a part of the Paloma PUD rezoning. Cimarron Cove is a proposed gated community with vehicular access being provided from two locations: directly off of Elm Avenue (TP Road #14) into the development; and a direct connection from the residential portion to the commercial portion. The development is proposed to have integrated pedestrian and vehicular connections that will provide the residents easy access to both the commercial development to the north or to the major thoroughfare to the east. 0 G:UobsWarcel 31.04(MXD)Residential SPRMpplication InfoREVProjectNarrative022506.wpd Urban Design Studio - LCC35 Page 2 Cimarron Cove Project Narrative March 3,2006 Page 3 Existing Zoning and Land Use Designations EXISTING USE ZONING FUTURE LAND USE MXDm SUBJECT PROPERTY: Existing - Vacant Requested - Mixed Use community Existing - PDA Requested - PCD TO THE NORTH AND EAST: Paloma PUD PUD RHandRM TO THE SOUTH: Interstate 95 and Old Palm PCD residential community RL PCD ~~ TO THE WEST: Parcel 3 1.06 - Vacant PDA RH Site Analysis .! SITE ~AL YSIS: Cimarron Cove Site Plan (Parcel 31.04 MXD PCD Parcel 1;3 I I I MXD District Regulations and Requested PCD rezoning (Section 78-157) ' Proposed Consistent Yes Yes Yes Yes Density Up to 15 dwelling units per acre under the MXD Future Land Use Plan designation 8.54 ddac ~~ Max Lot Coverage Max Building Height 5 0% 25% Min: 2 floor Max: 4 floor 2 and 3 story 15% 48% Open Space G:UobsVarcel 3 l.O4(MXL))Residential SPRMpplication InfoUZEVProjectNarralive022506.qd LCC35 Cimarron Cove Project Narrative March 3,2006 Page 4 u 0 The community will also feature a cabana bath and pool area overlooking Cimarron Cove’s lake amenity. The cabana bath will be the focal point across the lake as you enter the community giving a sense of arrival with its presence and landscaping, all complimented by the landscaping proposed to enhance the entry. This site features an abundance of onsite upland preserve providing opportunities for peaceful commune with nature as well as buffers from surrounding uses. With this amended request, the applicant will be providing 9.78 acres of upland habitat on site, 0.25 acres of disturbed wetland mitigated to upland habitat for a total acreage of 10.03 acres of upland habitat on site. The upland preservation requirement for the site is 9.47 acres. Architecture Cimarron Cove features innovatively designed townhomes/condominiums offering two and three bedrooms. The residences strongly reflect and draw their architectural influence from the Mediterranean and Anglo-Caribbean styles. The Mediterranean Revival structure is typically asymmetrical and eclectic with multiple levels, multiple interior and exterior spaces and multiple buildings. Building massing tends to be irregular with a variety of shapes and heights. Building A is a three-story, rear-loaded townhouse unit, which will alternate between a Mediterranean style with barrel tile roof and Anglo-Caribbean style with a concrete tile roof. Each Building A unit features a rear-loaded two-car garage. The elevations feature balconies, porches, and numerous architectural features. These three story units have been located in the central portion of the site. 0 Building B is a two-story, front-loaded townhouse unit, which will alternate between an Anglo- Caribbean architectural style and Mediterranean styles. Building B units feature one and two-car garage. Each Building B includes full driveways for the tenants and guests. The elevations feature balconies, porches, and numerous architectural features. These two-story units are located around the perimeter of the site in order to provide consistency with the surrounding land uses. Building C feature a mixture of three-story units with two-story end units - all of which feature Mediterranean and Anglo-Caribbean styles. All proposed building feature two- and three-bedroom units. Landscaping The community will benefit from Oak and Silver Buttonwood tree lined streets. The landscape plans exceed the minimum landscape points by 150% and are complementary to adjacent community landscape designs. The community will share upland preserve with the commercial development which will also G:WobsWarcel 3 1.04(MXD)Residential SPRUpplication Info\REVProjectNarralive022506.wpd LCC35 Cimarron Cove Project Narrative March 3,2006 Page 5 connects to adjacent preserves along Central Boulevard, Interstate 95 and the Paloma PUD development to the east. This interconnection of preserve areas provide the community a sense of natural wooded areas. Waivers Section 78-441 - Issuance of Building Permits Prior to Plat Approval. We are requesting a waiver from Section 78-441 ( C) to allow the clearing of land and the issuance of building permits for model units and a temporary sales center prior to the plat being recorded. Section 78- 441 ( C) states: “All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property.” It is the applicant’s desire to start construction of the temporary sales center, three townhouse building, as indicated on the site plan, immediately upon site plan approval for use as a model. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition. This request would allow the construction of these model units to begin during the 90 day +/- period after site plan approval while the plat is being reviewed. Section 78-563 of the City Code - Waiver to allow encumbrances within Lake Maintenance Easements and reduced LME widths. We are proposing landscaping within the proposed Lake Maintenance Easements in order to enhance the aesthetics of the project. This landscaping is adjacent to both the future north-south roadway and the proposed lake north of the Cimarron Cove entrance. These areas will be designed, in coordination with the City Engineer, to provide alternate access to the lake as possible. This alternate access will entail reduced LME width of a minimum 12 feet in size which would be cleared of all impediments and providing access routes to the lake for maintenance while maintaining the desired landscape buffering. These lakes will be privately maintained and have been designed to allow for access for maintenance. We request this waiver to allow for a more visually pleasing project, while still ensuring proper maintenance of lakes on the site. Section 78-345(d)(3) of the City Code - Waiver to allow more than 110% of the required parking on the site. Based on the number of bedrooms (plus 5% of the requirement for guest parking), the parking requirement for the Cimarron Cove site plan is 592 parking spaces. The applicant is providing 708 parking spaces on the site. These spaces are located within individual unit garages, unit driveways and on-street parking. Although the majority of the “extra” parking spaces are located within the driveways for individual townhome units, we are seeking a waiver to provide 119.5% of the required parking for the Cimarron Cove site plan. The provision of these “extra” spaces is to ensure that there is sufficient parking for all residents and their guests. In accordance with the City’s Land Development Regulations, the applicant is providing 56 “extra” parking spaces (708 total spaces - 652 spaces (1 10% of total requirement)). The amount of extra open space has been determined by 56 spaces x 185 s.f. (size of typical parking space) x G:UobsWarcel 3 1.04(MXD)tXesidential SPRMpplication InfoWVProjectNarrative022506.~pd LCC35 Cimarron Cove Project Narrative March 3,2006 Page 6 1.5 = 15,540 s.f. or 0.35 acre. The Cimarron Cove site plan indicates 48% or 1 1.59 acres open space, while the requirement is 35% or 8.37 acres open space. The additional 0.35 acres has been accommodated within the site plan and has been identified. 0 G:UobsWarcel3 1.04(MXD)Residential SPRMpplication Info\REVProjectNarrative022506.wpd LCC35 urban SUMMARY OF PLANNING, ZONING AND APPEALS BOARD COMMENTS FROM THE JANUARY 24,2006 WORKSHOP MEETING ON PARCEL 31.04 PCD AND CIMARRON COVE SITE PLAN Urban Design Urban Plannina Land Planning- Landscape Architecture Below is a summary of the City of Palm Beach Gardens’ Planning, Zoning and Appeals Board comments from the January 24,2006 workshop meeting: Board Chairman Craig Kunkle - Plans were a “huge improvement” from the last submittal. Asked if these would be condos or apartments (Condos)? Asked if there will be rental restrictions (There will be). Jonathan Rubins - Thought the new plans was an improvement. Asked what was staffs position on the requested waivers. Douglas Pennell - Said plan is “much nicer.” Liked the new entrance off of Elm Avenue into the project. Vice Chair Barry Present - Said plans were a big improvement fiom the last plans. Asked if there will be any affordable housing within the project. 0 Amir Kanel - Said new plans were a “huge improvement.” He asked about the construction materials to be used. He asked about whether berms or walls will be provided along Interstate 95. He also inquired about any sound attenuation being provided within the residential models. Joy Hecht - Asked about the setback distance between Interstate 95 and the homes. Michael Panczak - Said the two-story models had too many gable roofs and that the developer should consider adding some hip roofs. On the three-story models, he suggested that the garages be varied with alternative square and arch door openings. He also suggested improvements for the gables on the three-story models. Randy HanE - Said the project appears to be too dense. He also had a concern with the 10- foot driveways. He said the architecture for the Mediterranean model is an improvement, but there still needs to be some variety on the garages. He said he had a concern regarding having the two-story Anglo-Caribbean architecture surrounding the three-story Mediterranean architecture. He suggested the architecture should be varied throughout the project. He also expressed his concern regarding the two-story architecture, especially the use of asphalt shingles on those models. He asked that the architect check the roof plans to see that they are consistent with the floor plans. Mr. Hansen also said he was looking forward to seeing more information regarding the interconnection between the residential and non-residential portion of 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 0 the site. Dennis Solomon - Said the plans were a significant improvement, but it is still a dense project. He added that there is not enough parking within the pool area and there should be more guest parking throughout the site. Mr. Solomon suggested more pavers within the pocket park areas. He said he had concerns with the cross-hatching on the garages on the two-story models and believed there should be more articulation at the roofline. He said he would like to see more information regarding the pedestrian gathering areas and would like to see benches there. The roadways on the plans should be labeled. Regarding the two-story models, he said the hip return is too narrow and it lacks symmetry on the side elevations. For the three-story models, Mr. Solomon said there were vacant areas that need to be addressed. urban 0 March 37 2o06 Mr. Tala1 Benothman Planning Manager Growth Management Department City of Palm Reach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 3341 0 dsPn stu IO Urban Design Urban Planning Land Planning Landscape Architecture RE: RESUBMITTAL OF CIMARRON COVE SITE PLAN WITH THE PARCEL 31.04 PCD PBG REF.: SP-04-05 UDS REF.: #03-003.03 Dear Mr. Benothman: Attached for your review is a complete resubmittal package for the Cimarron Cove residential site plan within the pending Parcel 3 1.04 Mixed Use Planned Community District (PCD). These plans have bee revised to reflect the comments from the January 24,2006 Planning, Zoning and Appeals Board meeting, subsequent meetings with PZA Board members, City staff members and our continuing coordination with the landowners for the commercial portion of the PCD. The submitted plans reflect the following changes to the pro-ject: . . . a .. The architectural mix within the Cimarron Cove site plan has been varied. Each of the three building types proposed (two-story, three-story and twohhree story buildings) will feature Mediterranean and Anglo Caribbean styles of architecture. The roof tile for the Anglo Caribbean have been modified from the previously-requested asphalt shingle to a flat tile. An example of the flat tile will be provided to staff prior to the Planning, Zoning and Appeals Public Hearing on this project. Also, additional architectural improvements have been made to address the PZA Board member comments. The applicant has coordinated with the landowner of the commercial portion of the Parcel 3 1.04 PCD to includes consistent features throughout the project. These common features include landscaping pallettes, pavers, column features, pedestrian and vehicular connections, and street furniture. In addition, the bridge design has been added to the plans. This high quality bridge structure will provide an iconic, pedestrian-friendly link between the commercial and residential portions of the site. The multiple pedestrian gathering spaces located throughout the Cimarron Cove site plan have been further refined and enhanced and more details have been provided. The color pallette for the residential buildings have been modified in response to PZL4 Board member cgmmen adjacent buildings. condition of approval to which would 477 s. Rosema,,, Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1 100 MAR 03 2006 561.366.1 11 I fax PLANNING & ZONING DI~;~DSonline.com In response to the discussions regarding the reduced parking spaces on some of the building within the project, parking will be prohibited in these areas. As a means of enforcing this prohibition, the applicant is proposing the following condition of approval: There shall be no parking allowed within the reduced-length driveways within the project. The Community Association and/or the City of Palm Beach Gardens may impose fines for any illegally parked vehicles. The Association shall have the right to authorize the towing away of any vehicles which violate the condition or the rules and regulations of the Association. If any vehicles have to be towed and/or incur fines for illegal parking, such fines and towing expenses shall be the sole responsibility of the homeowner. The Association may incur fines from the City of Palm Beach Gardens if the Home Owner does not rectify any parking problem and should this be the case, the Home Owner shall be solely responsible for reimbursing the Association. Attached for your review are the following revised plans: Revised Project Narrative. Site Plan dated March 3,2006 and prepared by Urban Design Studio Landscape Plans dated March 3,2006 and prepared by Urban Design Studio Architectural Elevations prepared by Centex Homes. Preliminary Engineering Plans and Details, dated March 3,2006 and prepared by Schnars Engineering Corporation Based on the numerous meetings we have had with City staff and PZA Board members, we respectfully request to be placed upon the March 28,2006 PZA Board meeting for Public Hearing and Recommendation to City Council. Should you have any questions, please let me know. Sincerely, URBAN DESIGN STUDIO Marty R.A. Minor2ICP c: Thuy Shutt David Loring CITY OF PALM BEACfl GARDENS 10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 August 19,2003 Mr. Paul Angelo WCI Communities, Inc. 1 I63 1 Kew Gardens Avenue Palm Beach Gardens, Florida 3341 0 Re: Transfer of DweIling Units to Parcel 31.04 Dear Mr. Angelo: This letter is in response to your correspondence dated July 25, 2003, to confirm the transfer of 162 residential dwelling units to Parcel 3 1.04 from the Old Palm Golf Club Planned Community Development (PCD). As you are aware, the City has approved the transfer of dwelling units among the sub-parcels within Parcel 3 1. Based on the density permitted by the Forbearance Agreement, the Old Palm PCD was allowed 1,953 residential dwelling units. However, the Old Palm PCD was approved for 333 residential dwelling units, which left a balance of 1,620 dwelling units that could be transferred amongst the Parcel 3 1 sub-parcels. 0 On January 2, 2003, the City approved the transfer of 75 dwelling units to Parcels 31.06 and 31.07 from the aforesaid balance of 1,620 dwelling units, leaving a balance of 1,545 dwelling units. The currently requested transfer of 162 dwelling units from the remaining balance of 1,545, leaves a new balance of 1,383 dwelling units that could be transferred amongst the Parcel 3 1 sub-parcels, provided concurrency for this level of development is granted. Parcel 3 1.04 is permitted a maximum of 91 residential dwelling units under the current Mixed Use (MXD) land-use designation (50.58 acres x 60% maximum area for residential use x three (3) dwelling units/acre per the Forbearance Agreement). The transfer of the 162 dwelling units, together with the 91 dwelling units permitted under the MXD land-use designation, results in a maximum of 253 residential dwelling units permitted for Parcel 3 1.04, provided concurrency for this level of development is granted. Should you have any questions or comments, please do not hesitate to contact Talal Benothman, Principal Planner, at (561) 799-4243. Sincerely, #&+ - -F+ Charles K. Wu, AICP Growth Management Administrator Talal M. Benothrnan, Principal Planner Christine P. Taturn, City Attorney c. Kara Irwin, Senior Planner Michael J. Sanchez, Senior Planner A e L !. a .. 1 & d a IC --u k. 1 r I I BE- &- 04 MXD\Resldentlol Parcel C -C imrnoronCoJe\C 14APR06 dwg, 04/14/2006 03 02 09 PEA. t I'IPL A - 14TORY Wumo TOTAL S8 4a 42 la0 00 4a 80 R 21 44 ws TYPE A -RuR LOADED I4 & 8 48 D.U TVPF R .FRT LOADED 14.s.~ a 8 m D.U .. Me AD. Udl AC. BuLMNo8 0.05 AD. DRIVE AlsCEWMTREET PAmaWO 0.04 AR PEUVIOUO AREA WERVW AUEA DRIVEWAY8 0.W AD. l.44 AC. SMWALKS/OCOO. 8.3T AO. DS%l WEN SPACE. RECXRW . PROVED PARKMO OALWUTIONO -FZXWED-urrr 892 BP 108 8P 315 SP 229 SP OKSTREET 106 8P 2 8P PROVIDED wan?.- DRIVEWAY HAWCAP PAR- cM)vDED b PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT. THE APPLICANT SHALL PROVIDE CONSTRUCTION PLANS SUFFICIENT TO CONSTRUCT THE PROJECT AND MEET ALL APPLICABLE ADA AND FDOT REQUIREMENTS FOR HANDICAPPED ACCESS. INCLUDING HANDICAP RAMPS. . MWHDARY DEWOW warm ON PUN movDED BY LWERO M 81RW AND YACpLlD mr .ALL LAW AREA8 WIT" lW ff THI BITE Am ZOWCD AH) * BEAOOABT VTUn AUTHORITY WU BE TU2 BmoE ff - EWRV BECORlTY DATE8 TO BE ECUPPeD WITH A I(u)x WE A FVTVRE LAND ME DEBlouTKm A8 NOW ON PUN POTABLE WATER AM BANTARY EWER BERVICE. DESIGN DETALB. FNAL C01CI(URATDW TO BE 8HoW ON OQNS~TIOW LOOATED ON Tk ENGI"Q PLAN8 AH) TO BE OEFWEO By .ALL WANDERNO SIDEWALKS AR€ 001Y)EPTw N NAm AK) *ALL STOP BAR8 ROADWAY BKINAOE. OR088 WALK8 8wu BE %- PROJECT EWER. * 'ALL PAVEMENl YARI(IN0 AH) 8TR)pwQ EXOLWINO PARxHo STALLB. BHUL BE IWTULW WITH THERWPLABTY) UATERIAL8 N ACCORDAHCC WITH WR 8EOTI)N TO-S44lll. AL80. BRM( PAVER8 OF APPROPRIATE OOLOR BHLLL BE WED ON PAVER BRmK AREAS. W LEU OF PNNT DR THWYOPLABTY) YATERUL. . CWBNO WALE BHDWN ON €"€ERIN0 PLANS. WOWN ARE TYPE P ARE uHE88 OTHERWWE NOTED. DRNEWAVB ARE FLVBH WITH THE ACCESS DRIVE. ALL CU(B0 NL .BEE AND ENGIILERWQ OEOYETRIEB. puwl FOR NL ROADWAY CR088 BEOTlW# e ALL UTUN AND DRANADE UBEUENTB ARE PRopMlED uLc81) .ALL UlSTHQ FMCU) TO BE REMOVED AT M Iy ff .AU URB RAM ARE 9' MM OlWUWW! NOTED ON M gTe: NOTED. COWBTRWTON OF WERE. PLAN . ALL SURROUNDING INFORMATION OUTSIDE OF THE PARCEL C BOUNDARY IS FOR INFORMATIONAL PURPOSED ONLY. SEE MASTER PIAN AND PARCELS IVB SITE PLANS FOR ADDITIONAL DETAILS A D.E. DRAINAOE 8AFC8iOHTlMAWQL EASEMENT U.E. LYL VTLlTY LAKE MAINTENANCE EASEMENT EASEMENT W.L.E. WATER LYlE EAGEKWT I"-- * o*-t I- H \ACAD-&\Porcel31 04 MXD\Residentiol Parcel C -CimmoronCo/e\Cur e \SitePlons\SitePlan-I4APR06 dwg. 04/14/2006 03 01 07 PM. 737373 tn DDD 1% PPP m Porcel31 04 MXD\Residentiol Porcel C 14APR06 dwg. 04/14 '2006 02 59 1 1 PIA. T-13 cc uu __ . -L- " \" , Parcel 31.04 Parcel C Palm Beach Gardens, Florida Cimarron Cove - Site Plan v, 1 04 MXD \Residential Porcel C -C irnrnoronc ave \C 14APR06 dwg. 04 /14 12006 02 57 10 PEA, Y 0 N I I 10 9 I. I7 .m m r 7 CIMARRON COVE Palm Beach Gardens, Florida Overall Site Planting Plan I I I I I I ! I cn '5 (D !z 6; -I- o,> 077 rn > 0 I I, - - - - - .- __ - I --E- I I I I I I ------------ -/----- ____________-------------- ---------______ / ---- ____----- _____------- ------------I---- I I I -/-- -_--- __---- INU COD uzl- ---- ____---- 1 / _---- 0 _--- 2.- ---e- ---I L----' I I -- H 0 -7- ! / < r? '\\ \ "\ \* "\ x . *w 2r P z -I z 0 UJ m U rn U c) m I U I i P I Ill1 I s V e 8 8 0 n 5 !? t.J 0 (D 0 Q n 3 9 J z L 5 W J VI 9 p u P E a ii 8 W $ 5 J B D - 3 t s s 0, s" Z (I) 0 n rn rn v) I -4 v) 0) I rn rn -I z P i i: {k .y.....-".-I"I.o*.. .................. .*..IIr.L-.”l.OO.. .................. I J ! I '* I .. 3 B b 1 \ \ kl 3 r m a ~ c XI 0 0 7 -OB r P I I I I I Z J Q I i I 1 ~ i I i I I I 1 I / /I I3 Pi ji "I E I I? 2 PARCEL 31.04 MXD/PCD PARCEL C - CIMARRON COVE PALM BEACH GARDENS, FLORIDA PET#SPR-O4-05 APRIL 17,2006 Note: See Parki for Section A, B, A PARCEL 31.04 MXD/PCD PARCEL C - CTMARRON COVE PALM BEACH GARDENS, FLORIDA PARKING EXHIBIT DETAILS A B C D PET#SPR-O4-05 APRIL 17,2006 12 DU 32 Bedrooms 24 Garage Spaces 12 On Street SDaces I- '/ 36 Total Spaces 34 DU 96 Bedrooms 68 Garage 43 OnStreet Spaces A 111 Total Spaces b . BT 22 8DU Bedrooms 16 Garage Spaces 9 On Street SDaces 25 Total Spaces -% 24 DU 72 Bedrooms 48 Garage Spaces 24 On Street 72 Total A Spaces @Note: Units 2 Story ‘I I e 1 ! ! I I I I I I Y d t- c M 61 a i I I e I I 1 I I I I I il 1 CENTEX HOMES 5ulllT rowMnoYE ).YOLO CIYIRRON COVE CIU .EACH GARDENS, FLOlllDA . e I I I 1 1 I I i I I I 'I I I i I\ i I i I ~ ! I , II I I ! ! 1 I I I i i I I I I I i ~l ! e e * 7 e n U /I I e 1 I ! nb e . e * i e I/ I L ii I I I I i I I I 1: I * I I i, 1 w __ I I I 4 L Y GUNIT TOWWHOMI! CIMARRON COVE e 1 w I I I 0 0 I I I I ‘I I I I I I I l e ! I' I I I I I 1 h CENTEX HOMES WhM - YlldJblmO Fm R<-U61m) 2ND FLOOR PIAN 7unm TOWIIROWE ClMARRON COVE I w m U 'I I i - CENTEX HOMES PAU BEACH GARDENS, fWWlDA I * \ i' i I I CENTEX HOMES 7-UMTT TOWNMOME CIMARROM COVE e e . w e e e . : e . f I I 1 I i I I I I I I 1 I I I I I I I I e YI e e e B 1; li b i I J Y P I CENTEX HO i e e CENTEX HOMES CENTEX HOMES ij 6 CP t . 1 c I! a c c c a * . I i I I I I I I 1 j I I I I I i ! i I ! I I 1 i I ! i I I I i I I I I I I I i I 1 I I I I I I I I I I I I I I I i I i I I I I 1 I I i i I I I I I i I1 ! I .. lhriblrill NTTTOYRIMOME MED WON COVE PAW BEACH GARDENS. fOR1DA I I I I I 1 i I i I ! 1 rn f I m X -1 rn 70 0 P L i ! -. -. a 0 I I ! / ._- I I . I 'I I I I, I, I/ i ii ii i ih I I 'i I CENTEX HOMES WNITTOIIWHOME YW CIMARRDN COVE I! ! ! i L______ [ -1 I I I I I I I ! I ~ I I I CENTEX HOMES &UNIT TOWNHOME ME0 CIMARRON COVE CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PUDA-05-09-01 SUBJECT/AGENDA ITEM PUDA-05-09-01: RCA Center PUD - Modifications to Conditions of Approval Public Hearing and Recommendation to City Council: A request by Mr. Jeffery P. Marshall, of RCA Center I1 of Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development (PUD) to allow for modifications to certain conditions of approval. The approximately 30-acre RCA Center PUD is generally bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the east, the Gardens Station Mixed-Use PUD to the south, and RCA Boulevard to the west. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Christine P. Tatum Fin an c e Administrator- Allan Owens Development Compliance Bahareh Keshavarz-Wolfs, AICP Interim Growth Management Administrator Approved By: City Manager Daniel P. Clar F , P.E. Originating Dept.: Growth a Project Manager Planning Manager [XI Quasi -Judicial [ ] Legislative [XI Public Hearing Advertised: Date: 4/14/06 Paper: Palm Beach Post [XI Required [ ] Not Required FINANCE: Ydministrator: Ulan Owens Building Accountant: BY K. Labossiere Fees Paid: [ ] Date: Budget Acct.#: NIA 'ZAB Action: Approved App. w/ conditions Denied Rec. approval Rec. app. w/ conds. Rec. Denial Continued Ittachments: Applicant's request including graphics Seacoast Utilities letter regarding installation of utilities Resolution 216, 2004 Ronald M. Ferris Affected Parties: [XI Notified [ ] Not Required Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PUDA-05-09-01 0 On December 16, 2004, the City Council approved Resolution 216, 2004 (the “Development Order”) (attached), with waivers and conditions, thereby approving the development order for the subject property referred to as the “RCA Center Planned Unit Development” (PUD) (the “Project”). The Planning, Zoning, and Appeals Board (PZAB) held a public hearing on January 10, 2006, for a request by RCA Center I1 of Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development to allow (I) a reallocation of square footage between certain buildings on site; (2) revised footprints and elevations of certain buildings to accommodate the changes in square footage; (3) the introduction of a parking structure; and (4) other minor changes to the site and landscape plans. The Board voted 6-1 to approve the subject petition and, as part of the motion, recommended that the applicant address the concerns raised by the Board relative to (I) building color schemes; (2) minor modifications to the architecture of the garage structure; and (3) an increase the width of the parking spaces within the garage to nine and one-half (9.5) feet. The applicant has since revised the development plans to address of the aforementioned concerns. The subject petition will be heard by the City Council on May 4,2006. Subsequent to the PZAB hearing, the applicant has requested to amend certain conditions of approval established in the Development Order. Since modifications to conditions of approval are considered Major Amendments per the LDRs, staff requested that the proposed modifications be heard by the PZAB prior to the entire petition, including the 0 plan modifications already reviewed by the PZAB, being heard by the City Council. APPLICANT’S REQUEST The applicant is requesting the following modifications to certain conditions of approval established in the Development Order, as noted in the attached letter prepared by the applicant dated April 11, 2006: *:* Existing Condition 14 (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 So-foot right-of-way may be utilized for landscape buffer calculations and setback requirements.” Note: The “5B Road is defined in the Development Order as that portion of RCA Center Drive that is shown on the Linkage Plan (future north/south road extending from RCA Boulevard through the Project underneath the PGA Flyover to the future extension of Kyoto Gardens Drive) from its present northern terminus (portion of right-of-way extending north of RCA Boulevard between Hilda Flack Interiors and the Hampton Inn) to the northern boundary of the Project. Applicant’s Request and Justification (as stated bv the applicant in the attached narrative): The applicant is requesting to modify the above condition due to the limited access on Parcel pl. As shown in the attachedplan, entitled “Construction 0 L Date Prepared April 13,2006 Meeting Date: April 25,2006 Petition: PUDA-05-09-01 Trafic/Access,” the NE corner of Parcel 5B is the only viable access point to Parcel 9 for construction tr~fi~ because of the existing lake along Military Trail and the FEC Railway along Alternate Ad. Therefore, the applicant is required to use the northern half of RCA Center Drive within Parcel 5B for hauling construction materials required to build Kyoto Gardens Drive and the associated bridge. The size and weight of the required construction vehicles would significantly damage the new road with landscaped median. Therefore, the applicant is hereby requesting to revise Condition 14 (b) to require completion of the portion of RCA Center Drive north of its intersection with Design Center Drive (East/West Road) by the last Cert3cate of Occupancy west of the RCA Center Drive or by the completion of Kyoto Gardens Drive, whichever comes first. Staff Recommendation: Staff agrees with the applicant’s justification that construction traffic for Kyoto Gardens Drive may cause some damage to a finished roadway with curbing and landscaped medians, however does not recommend that the construction of said portion of RCA Center Drive be delayed until the issuance of the last Certificate of Occupancy (CO) on site. Access across the north portion of the Project to Parcel 5A is only needed until such time when the bridge on the west end of Kyoto Gardens Drive adjacent to Military Trail is completed. Once constructed, the bridge will be the primary access for construction vehicles to access Parcel to complete the construction of Kyoto Gardens Drive and the Road. It is staffs opinion that the bridge’s construction should be a priority for the applicant. Staff recommends that the condition be amended such that the portion of RCA Center Drive north of its intersection with Design Center Drive should be completed prior to the first CO for the portion of the site bounded by PGA Boulevard to the north, RCA Boulevard to the west, Design Center Drive to the south, and RCA Center Drive to the east (hereinafter referred to as the “Northwest Pod”). The remaining portion of the 5B Road will still be required to be completed prior to the first CO for the Project. Staff recommends that the condition read as follows: ”The Applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 5B, design, build, and construct the “5B Road,” with the exceution of the uortion of said road north of its intersection with Design Center Drive. which shall be comdeted urior to the first Certificate of Occupancv within the Northwest Pod. Said road shall be constructed as a two (2) lane divided roadway with landscaped median within an eighty Aay (850) foot right-of-way. The east 15 feet and the west 15 feet of the So-foot right-of-way may be utilized for landscape buffer calculations and setback requirements. (Citv En6neer)” 0 0 -3 Existing Condition 15 (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- 0 3 Date Prepared: April 13,2006 Meeting Date: April 25, 2006 Petition: PUDA-05-09-01 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.” Note: The “5A Road is defined in the Development Order as that portion of RCA Center Drive connecting the 5B Road to Kyoto Gardens Drive. ADDliCant’S Request and Justification: The applicant is requesting to revise this condition due the projected construction traffic on this road due to the limited access to Parcel a. Similar to the 5B Road, the Road will be used for hauling construction materials required to build Kyoto Gardens Drive and the associated bridge. The sue and weight of the required construction vehicles would significantly damage the new road with landscaped median. Additionally, permitting for the @ Road has been delayed due to new information received on February 22, 2006, from the Seacoast Utility Authority (SUA) regarding their request to place transmission lines within the Parcel @ roads (see attached letter). The applicant agreed to revise their plans to accommodate SUA; however, this information required significant changes to the plans, slowing the approval process and construction timeframes. Therefore, the applicant is hereby requesting to revise Condition 15 (b) to allow construction of the road to be completed prior to the first Certificate of Occupancy for Parcel ,yl or by the completion of Kyoto Gardens Drive, whichever comesfirs t. Staff Recommendation: Staff agrees with the applicant’s justification that the construction of the Road will be delayed due to the recent request by SUA to place utilities within the road and other unforeseen complications associated with the permitting of the road. However, staff does not recommend that the construction of said road be delayed until the issuance of the first CO for Parcel 5A. The timely construction of the 5A Road and Kyoto Gardens Drive are of utmost importance to the City. Staff recommends that the condition be amended as follows: “By January 1. 2008. tThe Applicant shall- fi,,, design, build, and substantially complete eei&mw# the ‘‘SA Road” and the portion of Kyoto Gardens Drive connecting - the SA Road to Militarv Trail. The SA Road shall be constructed as a two (2) lane divided roadway with landscaped median within an5o-foot right-of-way. The east 15 feet and the west 15 feet of the So-foot right-of-way may be utilized for landscape buffer calculations and setback requirements. Failure of the adicant to meet this deadline shall result in the issuance of a stop work order for the project for all construction activities not required for the construction of said roads as well as the ceasing of issuance of Certificates of Occupancy for the project until such time when the roads are complete. The issuance of a stoD work order shall be in addition to any other 0 4 Date Prepared: April 13.2006 Meeting Date: April 25,2006 Petition: PUDA-05-09-01 enforcement methods available to the Citv to ensure compliance with this condition. (City Engineer)” *:e Existing Condition 16: “Within six (6) months of the issuance of the first clearing permit, the landscaping shall be installed within: (I) 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 FDOT as part of the PGA Flyover project; and (2) the landscape buffers along PGA Boulevard, RCA Boulevard, and Alternate AL~. 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)” ADplicant’s Request and Justification: The applicant has been working with both the City of Palm Beach Gardens and the Treasure Coast Regional Planning Council to redesign the site consistent with the principles of a Transit Oriented Development (TOO). This redesign has altered the requirements for the landscape buffers, and the installation of the buffers at this time would be premature as the revised plans have yet to be approved. Additionally, the redesign promoted by both the City and TCRPC required the reconjiguration of Lake #I, and therefore, the applicant has been unable to install master irrigation system for the project due to the required changes. The reality is that the installation of the landscaping 6 months after the issuance of the clearing permit does not coincide with typical construction sequencing. This condition was specifically problematic for this project as the applicant is utilizing tilt-up construction methods combined with an urban development plan which located buildings very close to the street. Any landscaping installed between the ROW and building would be destroyed during construction. Therefore, the applicant is hereby requesting to revise Condition 16 to require each portion of the buffer along RCA Drive to be completed with thefirst Certificate of Occupancy for the adjacent pod. The buffer along PGA Boulevard will be completed prior to the first Cert$cate of Occupancy for the Northwest Pod. See attached plan. Please be aware that the applicant satisfied Part I of Condition 16 on March 15, as the required landscaping within the ROW was installed along RCA Drive. Staff Recommendation: Based on recent issues with the installation of buffers during the construction phase of projects of this nature with buildings adjacent to the buffers, staff has reevaluated its previous policy of requiring buffers to be installed within six (6) months of clearing and prior to the construction of adjacent buildings. Instead, staff will request that buffers within projects of this nature be installed prior to the Certificate of Occupancy for the adjacent buildings. (Note: Conditions related to the same may differ slightly from project to project based on differences in site plans, site locations, etc.). Staff agrees with the applicant’s justification and recommends that the condition be deleted in its entirety and replaced by the following conditions: 0 0 5 Date Prepared: April 13,2006 Meeting Date: April 25,2006 Petition: PUDA-05-09-01 “Prior to the first Certificate of Occupancy for the Northwest Pod, all of the landscauing buffers within the Northwest Pod shall be comuleted. with the exceution of those buffers immediately adiacent to Buildings .? and 4, which shall be completed urior to the Certificates of Occuvancv for those buildings. (Citv Forester)” “Prior to the first Certificate of Occuvancv for the uortion of the site bounded by Design - Center Drive to the north, RCA Center Drive to the east, RCA Boulevard to the west, and the Gardens Station PUD to the south. herein after referred to as the “Southwest Pod”. all of the landscauing buffers for the Southwest Pod and the landscaaing surrounding Lake #2, including the east and south buffers shall be installed. The remainder of the landscape buffers within the vortion of the site east of RCA Center Drive shall be installed concurrently with the develoument of that portion of the site. (Citv Forester)” -3 Existing Condition 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 east/west thoroughfares within the property.” Staff Recommendation: Based on the above-referenced modifications to Conditions 14(b) and 15(b), this condition is no longer required and should be deleted in its entirety. *:* New Condition Requested by Staff: Based on a recent policy by the City to require construction fencing with a privacy tarp around construction sites in order to provide screening for passers-by, staff is requesting that the applicant provide the same on site within six (6) weeks of the approval of the subject petition. Staff Recommendation: Staff recommends that a new condition be included in the approving resolution that reads as follows: “By (six (6) weeks from the adoption of this resolution). the auulicant shall erect a six 16) foot tall construction fence with a urivacy tam along the entire uropertv line adjacent to RCA Boulevard and any portion of PGA Boulevard that is below the height of the fence. Failure by the auulicant to comvlv with this deadline shall result in the ceasing of insvections or issuance of permits for the proiect by the City, which shall be in addition to any other enforcement methods available to the City to ensure compliance with this condition. (Planninv and Zoning).” STAFF RECOMMENDATION Staff recommends APPROVAL of the requested modifications as noted under the “Staff Recommendation” portions of this report. 0 6 Via Hand Delivery April 1 I, 2006 Mr. Michael J. Sanchez Planning Manager City of Palm Beach Gardens Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: PGA Professional and Design Center (Parcel 5B) Resolution 216.2004 Dear Mr. Sanchez: Please accept this letter as my formal request to amend certain conditions in Resolution 2 16,2004. e the Development Order for the PGA Pro’fessional and Design Center project. Condition 14 (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 1.5 feet and the west 15 feet of the SO-foot right-of-way may be utilized for landscape buffer calculations and setback requirements. (City Engineer) The applicant is requesting to modIfv the above condition due to the limited access on Parcel SA As shown in the attachedplan, the NE corner of SB is the only viable access point IO Parcel 5A for construction trafic because of the existing lake along Military Trail and the FEC Railway along Alt. AIA. Therefore, the applicant is required to use the northern half of RCA Center drive within Parcel 5B for hauling construction materials required to build Kyoto Gardens Drive and the associated bridge. The size and weight of the required construction vehicles would significantly damage the new road with landscaped median. Therefore, the applicant is hereby requesting to revise Condition 14 (b) to require completion of the northern halfof RCA Center Drive by the last Certificate of Occupancy wes; of the RCA Center Drive or by the comes first. Y Condition 15 (b) - The Applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel SB, design, build, and construct the "SA Road" as a two (2) lane divided roadway with landscaped median within a SO-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. Again, the applicant is requesting to revise this condition due the projected construction traffic on this road due to the limited access to Parcel SA. Similar to the 5B road, the 5A road will be used for hauling construction materials required to build Kyoto Gardens Drive and the associated bridge. The size and weight of the required construction vehicles would significantly damage the new road with landscaped median. Additionally, permitting for the 5A Road has been delayed due to new information received on February 22, 2006from SUA regarding their request to place transmission lines within the Parcel 5A roads (see attached letter). The applicant agreed to revise their plans to accommodate SUA, however, this information required significant changes to the plans, slowing the approval process and construction timeframes. Therefore, the applicant is hereby requesting to revise Condition 15 (b) to allow construction of the 5A road to be completedprior to the first Certificate of Occupancy for Parcel 5A or by the completion of Kyoto Gardens Drive, whichever comes first. Condition 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 FDOT as part of the PGA Flyover project; and (2) the landscape buffers along PGA Boulevard7 landscaping within the buffer alone, Alternate A1 A shall be installed concurrently with the development of the portion of the site east of RCA Center Drive. 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) The applicant has been working with both the City of Palm Beach Gardens and the Treasure Coast Regional Planning Council to redesign the site consistent with the principles of TOD. This redesign has altered the requirements for the landscape buffers and the installation of the buffers at this time would be premature as the revised plans have yet to be approved. Additionally, the redesign promoted by both the City and TCRPC required the reconfipration of Lake #I and therefore. the applicant has been unable to install master irrigation system for the project due to the required changes. e e RCA Boulevard:& The reality is that the installation of the landscaping 6 months afrer the issuance of the clearing permit does not coincide with typical construction sequencing. This condition was specijically problematic for this project as the applicant is utilizing tilt-up construction method combined with an urban development plan which located buildings very close to the street. Any landscaping installed between the ROW and building would be destroyed during construction. Therefore, the applicant is hereby requesting to revise Condition 16 to require each portion of the buffer along RCA Drive to be completed with the first Certijicate of Occupancy for the adjacent pod The buffer along PGA Boulevard will be completed prior to the first Certijkate of Occupancy for the North pod. See attachedplan. Please be aware that the applicant satisfied Part I of Condition 16 on March 15, as the required landscaping within the ROWwas installed along RCA Drive. Condition 35 - Prior 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) The City requires that all existing and proposed easements be shown on plats/replats. However, due to the scheduling of the project, the applicant will be requiring the first certificate of occupancy prior to finalizing the easement locations on the northern half of the project. Therefore, in order to provide an accurate plat, the applicant is hereby requesting to revise Condition 35 so that the replat is requiredprior to the last certificate of occupancy for buildings west of RCA Center Drive. It should be noted that there is boundary plat for the property and the ROWS were deeded to the City as part of Parcel 5B S administrative time extension. Thank you for your consideration. If you have any questions or require additional information, please do not hesitate to contact me at 624-9697, extension 5 1 1. Respectfully Submitted, L Jeffery P. Marshall Vice President Land Development F. n ..- ..-.._ 0 0 3 e 0 3 aa II rc II ICI ~OoOl/00l 02/23/2006 11 20 FAX 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4s Date Prepared: November 9.2004 RESOLUTION 216,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTY, KNOWN AS THE “RCA CENTER PUD” (A.K.A. “PARCEL 5B”), 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 11, 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 58’7, generally located on the southwest comer of Alternate AIA 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 WHEREAS, the City Council has determined that adoption of this Resolution is in 01 2 3 4 5 6 7 8 9 the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 10 11 12 13 14 15 16 17 18 19 20 21 22 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 othewise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF THE MACARTHUR PARCEL 58, 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. 25 26 27 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 28 29 1. 30 31 32 33 2. 34 35 36 37 38 39 3. 40 41 42 4. 43 44 45 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 tenanffbuilding ID signs, subject to the conditions relating to the same contained herein. Section 78-285, Permitted signs, to allow for principal tenanffbuilding 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Date Prepared: November 9,2004 Resolution 216,2004 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. Section 78-374(h), Location, to allow for 13 covered parking spaces to be located within 100 feet of PGA Boulevard. Section 78-287(e), General standards, to allow for tenants having federally registered trademark signs to use their registered color scheme on signs facing the parking areas. Section 78-344(l)( 1). 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 6. 7. 8. the responsibility of the applicant, its successors, or assigns: Enqineerinq 20 1. 21 22 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 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 Plan 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 lighting 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 78-448 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) 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ai: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 6. 7. 8. 9. 10. Date Prepared: November 9.2004 Resolution 216.2004 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) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) The applicant shall provide the City copies of all permit applications and approvals. (City Engineer) 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 storrnwater 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) The construction, operation, andlor 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 properly. (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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 “A 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a: 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 4s Q“ Date Prepared: November 9,2004 Resolution 216. 2004 14. 5BRoad 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 North/South Road owned by FDOT and NPBCID are hereinafter referred to as the “5B Road.” b. The applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 58, design, build, and construct the “58 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 58 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 58, 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 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 9.2004 Resolution 216,2004 LandscaDinq 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 FDOT as part of the PGA Flyover project; and (2) the landscape buffers along PGA Boulevard, RCA Boulevard, and Alternate A1A. 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 northlsouth and the east/west thoroughfares within the property. (City Forester) 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 north/south and the east/west 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) 21. Lighting shall not conflict with landscaping, including long-term tree growth. (Police) 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared November 9,2004 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: (1) be illuminated for nighttime visibility and be unobstructed; (2) have bi-directional 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 180-degree 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 29. 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 modification(s) is architecturally consistent with the approved 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 9.2004 Resolution 216,2004 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 elevations 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. 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. 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. f. i. 9 ~~~~ ~~ 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 @ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 33 40 41 42 43 44 45 Date Prepared November 9,2004 Resolulion 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 & Zoning) 35. Prior to the issuance of the first certificate of occupancy, the property shall be repiatted. 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 01 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 45 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 & 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 NorthlSouth 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 NorthlSouth 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 & 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 9,2004 Resolution 216, 2004 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 IO, 2004. 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. 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. 2. 3. 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 ,1 01 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: November 9,2004 Resolution 216, 2004 PASSED AND ADOPTED this 16" day of &..&I 6.~4 ,2004. CITY OF PALmH GARDENS, FLORIDA ATTEST: BY: /4&--bq FStricia Saw, City lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Taturn. City Attorney AYE NAY ABSENT VOTE: -- MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- J / / / / \\PbgsfileMttorney!a!loorney-share\RESOLUTlONS\Reso 216 2004 final c1ean.doc 13 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is executed this 3D day of December, 2004 by and between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER I1 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”). Backuround 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 II 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 58. 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 AIA 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 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 Rigiit-of-Way in order to expedite the commencement of construction, it being understood that the bridge portion of the construction wilt 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 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 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. I 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 Improvements. It is 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. IN WITNESS WHEREOF, the Darties 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 Witness RCA CENTER II OF FLORIDA LLC PGA GATEWAY, LTD, Danieplfumo, President MALL PROPERTIES, LTD. L- CITY OF PALM BEACH GARDENS By: - Estimate - Kvoto Gardens Drive Construction Costs Summary 13EM 2-Lane Road Construction Cost 2-Lane Bridge Construction Cost Landscaping &Irrigation CPST $ 1,094,875 $ 2,490,000 $ 360,475 Total 2-Lane Option Cost: $ 3,945,350 4-Lane Road Construction Cost 4-Lane Bridge Construction Cost Landscaping & lmgation $ 1,237,826 $ 3,240,000 $ 360,475 Total 4Lane Option Cost: $ 4,838,301 Upgrade of Road to Four Lanes Construction Cost Upgrade of Bridge to Four Lanes Construction Cost $ $ Sub-Total Construction Cost of Upgrade to 4 Lanes: $ $ Upgrade to 4 Lanes Engineering/Survey/Geotech Costs Upgrade to 4 Lanes Clearing Cost $ $ Upgrade to Four Lanes Military Trail Signalization Cost Sub-Total Design, Clearing & Signal Upgrade Cost: $ Sub-Total Design & Construction Upgrade Cost: $ 15% Contigency: $ 15% Administration: $ Bond Cost (2%): $ 142,951 750,OW 892,951 21,982 112 of item costs 16,425 1/2 of item cost 225,000 112 of item cost 263,407 1,156,358 173,454 173,454 30,065 Total Cost of Upgrade to 4 Lanes: $ 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. 2.3%imWmmq~w-&~-~ 3-v 3. Estimated costs are based on 2004 materials and labor costs. EXHIBIT "A" I. .* I, 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 Florlda llmlted partnership, and MALL PROPERTIES, LTD., a Florida limited partnership (hereinafter called "PRINCIPAL"). and Liberty Mutual Insurance'Company, authorized to do business in the State of Florida, (hereinafter referred to as "SURETY") are held and firmly bound unto the City of Palm Beach Gardens (hereinafter called the "CITY"), a political subdivision of the State of Florida, in the full and just sum of Dollars ($ 4,734,420.00 0 Four Million Seven Hundred Thlibty Four Thousand, Four Hundred Twenty and 00/100--- ) lawful money of the United States of America, to be paid to the CITY to which payment will 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 Linkage Roads with the City dated October 3, 2002 ("Assured Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtained from the CITY, Site Pian approval pursuant to Resolution 216, 2004 (hereinafter called the “PUD Approval”) for a certain planned unit development known as Parcel 58 and has agreed as a condition of the Assured Construction Agreement at the PUD Approval to a complete the Required Improvements (as hereinafter defined). WHEREAS, the 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, this Payment and Performance Bond for Infrastructure Completlon ’ Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100-- (hereinafter called the “Bond”) is in the full and just sum of Dollars ($ 4,734,420.00 ) lawful money of the United States of America, said sum being the estimated cost to complete the responsibillty of PRINCIPAL for its share of 0 the construction of the Required Improvements. NOW, THEREFORE, the SURETY agrees as follows: 1. 2, The foregoing recitals are incorporated herein by reference. The condition of this obligation of SURElY is such that if the PRINCIPAL shall, in all respects, fully comply with, carry out, construct, erect and build a its share of the Required Improvements in substantial conformity with the plans, specifications 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 a the SURETY shall remain bound under thls 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 City 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, servlces, material and/or supplies used directly or indirectly by them or some or any of them in the prosecution of said work, then this obllgation has be void, otherwise remaining in full force and effect. SURETY, 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 notice of any and all such changes, extensions of time, alterations and additions to the work or to the plans, speclficatlons and schedules covering said work. The principel amount of thls Bond will be reduced, from time to time, only a 3, 4. as and when (a) the PRINCIPAL provides the CITY with evidence of partial completion and payment costs and ekpenses 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) ClTY draws down payments from SURETY under this Bond in accordance with the provisions of paragraph 5c below. The PRINCIPAL shall provide the CITY wlth a llst of all contractors, subcontractors and material contractors, subcontractors and material suppliers, together with a certificate of the general contractor certlfying such list is complete. The CITY shall not have the obligation to reduce the prlnclpal amount of this SUREM, if it has reasonably concluded the costs of completion will exceed the original cost estimate or evidence of payment and partial completion is not satisfactory to the CITY. To obtain a reduction in the principal sum of the Bond, the PRINCIPAL shall obtain from the CITY authorization for a reduction, which 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 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 SURElY may remedy the default within thirty days, or shall within thirty days: a. b. Complete or begin completion 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, speclflcatlons and schedules covering said work, completing the work in a prompt manner, or Obtain a bid or bids for submission to the CITY for completlon of said work in accordance with the plans, specifications 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 determination by the CITY and the SURETY of the lowest responsible bidder, arrange for a contract between such bidder and the SURETY. and pay to such bidder 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 .. .. a 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 CITY shall be entitled to draw from SURETY the amounts due on a monthly basis in order for CITY 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 provisions of F.S. 255.05. 0 c. 6. The CllY shall be entitled to their reasonable attorney's fees and costs in any action at 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 this 28th day of December, 2004. witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., OF FLORIDA LLC Witness PGA GATEWAY, LTD, 4 Witness MALL PROPERTIES, LTD. SURETY: Liberty Mutual Insurance Company Brett Rosenhaus, Attorney in FactiFi Resddeht Countersigned by: Brett Rosenhaus Agent Address: 4000 South 57th Ave. Ste. 201 Lake Worth, FL 33463 L:\FORMS\PaymentAndParformancaREDLINE.wpd Liberty Mutual Surety Bond Number $d~O (i 2 3 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafler 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 First 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 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 0 in Section 102(1) of the Act is Zero Dollars ($0.00) DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC4539 11/15/04 .. 1486470 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Thls Power 01 Attorney limits the acts of those named hereln, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS 0 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS That Liberty Mutual Insurance Company (the 'Company'). a Massachusetts stock insurance company, pursuant to and by authority of the By-law and AuthorizaGon hereinaner set forth, does hereby name. constilute and appoint RICHARD M. BUTIN, KAREN L DEBARDAS, BREll ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CrrY OF WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... , each IrdMdually If there be more than one named. Its true and lawful anomey-ircfact to make. execute. seal, acknowledge and deliver, for and on its bee'&y&ni{; ~o~~~~,~??~~,?~%~~?,?ll undertakings. bonds. recognizances and other sure? ~flpfis In the penal sum not exceeding 1 each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents. shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That #Is power is made and executed pursuant to and by aulhority of the following By-law and Authorization: ............................................................................................................................................................................................... DOLLARS ($ 50,000, 00 0 - ARTICLE Xlll~ Execution of Contracts: Section 5. Surety Bonds and Underlaklngs. Any officer oi the Company authorized for mat purpose in writng by the chairman or the president. and subject to such limitations as the chairman o( the president may prescribe. shall appoint such attorneys-in-fact, as may be necessary to act in behall of the Company to make, BXBCUlB. seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such anorneys-in-fact, subject to the limitations set forth in their respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to anach thereto the Seal 01 the Company. When so executed such instruments shall be 1 as binding as if signed by the president and attested by the secretary. 5 U $ a C .- ," U x sl CIC m -- - 5; ?!m a -3 ". s z By the following Instrument the chairman or the president has authorized the ORiCer or other official named therein to appoinl anomeys-in-fact: n Pursuant to Article XIII. Se&n 5 of the By-Laws, Garnet W. Elliott Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoinl such attorneys-In-fact as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and - deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. That the By-law and the Authorization set forth above are me copies thereof and are now in full force and effect. 7: $Z c v- m ml LIBERTY MUTUAL INSURANCE COMPANY ILU this Power of Attorney has been subscribed by an authorized oficer or oHicial of the Company and the corporate seal of rty Mutual Insurance Company has been affixed thereto in PlymwAh Meeting. Pennsylvania this Z3rd day of March ' COMMONWEA-Th OF PEhNSYLVAhlA ss COLNTY OF MONTGOMERY cn qn =rt Garnet W. Elliott. Assistant Secretary "L ,=, belore me, a Notary Public. personally came , to me known, and acknowledged Seal of Liberty Mutual Insurance Company thereto with the authority and at the direction ot said corporation. r Ili Mutual Insurance Company; that he knows the seal ot"s",i?L:p:ai:n; and that he executed the above subscribed my name and anixed my notarial seal at Plymouth Meeting. Pennsylvania, on the day and year I-7 of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this cerlificate; and I do further certify that the officer or oficial who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the presidenl to appoint anomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced Signatures under and by authority of the foilowing vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, Shall be valid and binding upon the company with the same force and etlect as though manually affixed. dJ I g2 c?$ .E 0 50 -m n- hereunto subscribed my name and day of