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HomeMy WebLinkAboutAgenda PZAB 071106!~~?u%Cpfi Hansen Dennis Solbmon Craig xunklk %ichaeCPanczak Barry Present Jonathan 2). Ru6ins Dough Pennea- Joy Hecfit (1'' Ak) Amir xaneC(P ACt) CITY OF PALM BEACH GARDENS luSO0 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 DATE: TO: FROM: MEMORANDUM July 11,2006 Planning, Zoning and Appeals Board Members Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, July 11,2006 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, July 11 , 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 Managers’ telephone numbers and e-mail addresses 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. Nina Sorenson, Administrative Specialist 11, will call to confirm your attendance. Daniel P. Clark Interim Growth Management Administrator 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, JULY 11,2006, AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER 0 PLEDGE OF ALLEGIANCE 0 REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR: DAN CLARK 0 APPROVAL OF MINUTES: June 27,2006 Downtown at the Gardens: Previous Approvals and Field Research Legacy Place: Previous Approvals and Field Research PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Barry Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins 0 SWEARING IN OF ALL PARTIES Alternates: Joy Hecht ( lSt Alt.) Amir Kanel (2nd Alt.) I. ct. r 3 J L -L oa Q) 2 i W 4 w N $? E 2 w -L I- C Planning, Zoning and Appeals Board July 11,2006 Public Hearing and Consideration of Approval: Petition CVWA-06-06-01: 382 Riverside Drive - Waiver to Allow for Commercial Vehicle to be Parked in Driveway 1. Public Hearing and Consideration of Approval: A request by Rudolph Stehr, property owner, for a waiver from Section 78-393, of the City’s Land Development Regulations, entitled Parking and storage restrictions for commercial vehicles, to allow for a van with roof rack and ladder in the driveway of the residence located at 382 Riverside Drive. Project Manager: Michael Sanchez, Planning Manager msanchez@pbgfl.com (799-4241) Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition SPLN-06-02-04: Amendment to Banyan Tree PUD - Development of Phase I1 2. Public Hearing and Recommendation to City Council: A request by Mr. Ryan Johnston of Johnston Group Land Development Consultants, Inc., on behalf of Normac Development, LLC, for approval of an amendment to the Banyan Tree Planned Unit Development (PUD) to allow (1) the construction of an office building consisting of 30,000 square feet of medical office space and 20,000 square feet of professional office space on Phase I1 of the PUD; and (2) an extension of the build out date of the PUD to December 31, 2008. The approximately 3.93-acre Phase I1 of the Banyan Tree PUD is generally located at the northwest comer of the intersection of Northlake Boulevard and MacArthur Boulevard. Project Manager: Michael Sanchez, Planning Manager msanchez@pb,bafl.com (799-4241) Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition PUDA-06-05-02: Oak Park Office Park- Amendment to the Development Order 3. Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for Oak Park Acquisitions, LLC, for approval of an amendment to the development order of the Oak Park Office Park PUD to amend Condition Number 13 of Resolution 114, 2005 to require only the platting of Phase I1 of the PUD. The Oak Park Office Park PUD is generally located on the west side of Prosperity Farms Road, 1,277 feet south of PGA Boulevard and is approximately 1.96 acres in size. Project Manager: Stephen Mayer, Senior Planner smaver@,pbgfl.com (799-421 7) 2 Planning, Zoning and Appeals Board July 11,2006 4. Recommendation to City Council: MISC-06-05-13: Frenchman’s Yacht Club Master Signage Program Recommendation to City Council: A request by George Gentile, Holloway, O’Mahoney and Associates on behalf of Frenchman’s Yacht Club Developers, LLC, for approval of a master signage program as required by Resolution 152, 2005. The Frenchman’s Yacht Club is within the Frenchman’s Creek DRVPCD and is located at the southeast comer of Donald Ross Road and Prosperity Farms Road. Project Manager: Stephen Mayer, Senior Planner smayer(iir.Dbgfl.com (799-4217) 5. OLD BUSINESS 6. NEW BUSINESS 7. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the Ciiy Clerk S Office, no later than five days 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 thefiles in the Growth Management Department. Common/pz agenda 7-1 1 -06.doc 3 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING June 27,2006 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Vice Chair Barry Present 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 DIRECTOR Representing the Planning & Zoning Division, Brad Wiseman, Planning Manager, reported the major conditional use for the Vavrus Ranch, agricultural use, and the fbnding agreement for the Gardens Point project had been approved by City Council at their last meeting. ROLL CALL Debbie Andrea, Recording Coordinator for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Absent Vice Chair Barry Present Dennis Solomon Michael Panczak Douglas Pennell Joy Hecht (1% Alt.) Amir Kanel (2nd At.) Chair Craig Kunkle Randolph Hansen Jonathan D. Rubins APPROVAL OF MINUTES: JUNE 13.2006 Mr. Panczak made a motion to approve the minutes of the June 13, 2006 PZA meeting. Mi. Pennell seconded the motion, which was unanimously carried by a 6-0 vote. All those present intending to offer testimony in tonight's cases were sworn in. Public Heariner and Recommendation to Citv Council: Ex Parte Communication (Quasi Judicial) Petition PCDLVOPC-05-01: Amendment to the Regional Center DWPCD A request by Brian Cheguis of Cotleur & Hearing, agent for Menin Acquisition 1, LLC, to amend the Development Order for the Regional Center Development of Regional Impact (DRlj) and the Planned Community Development (PCD) by amending the land-use conversion matrix to allow for the conversion of business office square footage to hotel, residential, and retail; and modifjy the required minimum and maximum thresholds in the Planning, Zoning, and Appeals Board Meeting Minutes June 27,2006 Page 2 range of floor spaces allocation for the land use chart accordingly. The Regional Center DRI is located at the northeast corner of PGA Boulevard and Alternate AlA and extends eastward to the intersection of PGA Boulevard and Prosperity Farms Road Vice Chair Present called for a motion to postpone this petition. MOTION: Mr. Pennell made a motion to postpone Petition PCDELNOPC-05-01 to a date certain of -- July 25,2006. Mr. Solomon seconded the motion, which carried by unanimous 6-0 vote. Public Hearing and Recommendation to Citv Council: Petition IADR-05-08/0rdinance 23,2006: LDR Tat Amendment - Development Name and Address Standards A CiQ-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development, ” as it relates to addresses, subdivision names, street names, and the Addressing Committee. Aries Page, GIs Manager, presented the staff report, and explained this had come about because emergency personnel had not been able to find some addresses. The new requirements would be in effect for new development; guidance was requested for updating older sections of the City. Enforcement of the regulations, city-wide impact of the proposal, size of address numbers in relation to distance from the street, proposed language, illumination, and street names were discussed. Vice Chair Present declared the public hearing open. Vito DeFrancesco, Shady Lakes, commented on the expense to residents to illuminate house numbers and change the size of numbers, and asked that more thought be given to this. Carolyn Chaplik, Hudson Bay Drive, commented this was a good idea for emergency services, but this required more thought regarding illumination and changing street names, and suggested stamping the house number on the street. Palm Beach Gardens Police Officer, Jules Barone, spoke regarding the Crime Prevention through Environmental Design requirements and the difficulty in finding addresses, and his feeling that illumination was necessary and could be done simply by putting a photocell fixture in place of the front house light, and explained that consistency of number sizes was necessary. Robert Davis commented on the lack of numbers on commercial buildings, and that in some cities numbers on commercial buildings were illuminated. Hearing no hrther comments from the public, Vice Chair Present declared the public hearing closed. Other comments by the board were in favor of giving this more thought. MOTION: Vice Chair Present re-opened the public hearing. Mr. Solomon made a motion to continue the public hearing for Petition LDR-05-08/0rdinance 23, 2006 to a date certain of August 8,2006. Mr. Kanel seconded the motion, which carried by unanimous 6-0 vote. Planning, Zoning, and Appeals Board Meeting Minutes June 27,2006 Page 3 Public Hearing and Recommendation to Citv Council: LDR-06-06-000004: Citv Code Amendment to Section 78-221: PGA Boulevard Corridor Overlnv A City-initiated request for approval of a text amendment to Section 78-221, PGA Boulevard Corridor Overlay, Code of Ordinances. This City Code amendment provides for the approval of changes to the boundaries of the PGA Boulevard Conidor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and prohibited uses within. Planning Manager, Brad Wiseman, presented the staff report, clarified certain uses, and explained that grandfathered projects could expand. Examples of the rationale for the proposed distance of the overlay from the right-of-way were given. Vice Chair Present declared the public hearing open. Eileen Tucker, Shady Lakes, expressed her opinion that staff' had too much power to make administrative decisions that she felt should come before the board. Ms. Tucker felt rules should not be changed when an applicant did not meet current requirements, and that outdoor seating was distracting to drivers. Robert Davis, Orchid Cay, commented on the disclaimer for the public storage use, stated he was not in favor of restaurant outdoor seating invading the buffer space, and indicated the City Council did not always comply with the spirit or intent and the Planning, Zoning and Appeals Board should not allow them to override decisions made here. Vito DeFrancesco, Shady Lakes, asked if there was any exparte. The City Attorney responded this was not a quasi judicial proceeding and exparte disclosure was not required. Mr. DeFrancesco commented on the overlay requirements and that it was only to be for landscaping, and reported that an administrative approval had been given to a restaurant which was going to have outdoor seating and could serve food under the arches where there was no restaurant and would be bringing food over public property to get to that location. Richard Orman, Oak Street, representing the PGA Corridor Residents Coalition, expressed their concern over provisions in this ordinance and asked that no uses be allowed within the 55' buffer, which was to be only for landscaping; noted their concern that staff was overstepping with making changes, that storage facilities should not be allowed, and indicated the coalition would not stand for waiving any uses. Marty Minor, Urban Design Studio, commented he had helped write the overlay and indicated he liked the proposed amendments because they would provide clarity, and recommended looking at the other proposals on a global basis rather than just a single project. Shawn MacEntyre, developer of Mirasol Walk, commented on the buffer and the different interpretations regarding the thousand-foot requirement, advised that if this had been in effect there would have been no question because it would have been clarified; commented the Mobil station was to be remodeled and could be made to look a lot better if it was a conforming use, and advised that providing drive-thru lanes for drug stores was a change in the way that business was conducted and was a public service. Carolyn Chaplik, Hudson Bay Drive, commented that the gas station expansion could be extensive. Further comments were made by the members of the board complimenting the work done by staff, stating this board's relationship with City Planning, Zoning, and Appeals Board Meeting Minutes June 27,2006 Page 4 Council, and noting that several members were uncomfortable with the amendment as proposed. Direction to staff was not to allow self storage in the overlay; that the overlay should not be amended; and that this petition should be reviewed and brought back. MOTION: Mr. Solomon made a motion to continue the public hearing for Petition LDR-06-06- 000004 to a date certain of August 8, 2006. Mr. Kanel seconded the motion, which carried by unanimous 6-0 vote. Public Hearing and Recommendation to Citv Council: Ex Parte Communication (Quasi Judicial) Petition CUMJ-04-03-000002: Palm Beach Gardens Medical Center Major Conditional Use A request by Anne Booth of Urban Design Studio, on behalf of Health Care Property Investors, Inc., to approve the relocation of the previously approved helistop, located within the Palm Beach Gardens Medical Center PIanned Unit Development (PUD). The Palm Beach Gardens Medical Center PUD is located at the southeast corner of Burns Road and Gardens East Drive. - Vice Chair Present called for exparte communication. No exparte communication was reported. Anne Booth, Urban Design Studio, made a presentation on behalf of the applicant and answered questions from the board. Dino Divasa, Director of Operations with Palm Beach Gardens Medical Center, was sworn in and explained how the helicopters landed and took off Vice Chair Present declared the public hearing open. Hearing no comments fi-om the public, Vice Chair Present declared the public hearing closed. The FAA approval letter was submitted for the record. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition CUMJ- 06-03-000002 with the waivers, modification, and conditions 1,8, and 13 as proposed by staff. Mr. Pennell seconded the motion, which carried by unanimous 6-0 vote. Recommendation to Citv Council: Petition MISC-04-43: Midtown (aka 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 Midtown PUD (a k.a Borland Center) Master Signage Program The Midtown PIanned Unit Development (PUD) is located at the intersection of Garden Square Boulevard and PGA Boulevard Donaldson Hearing made a presentation on behalf of the applicant. Mr. Hearing described the changes made since the last presentation and the requested waivers. Richard Marrero, Planner, presented the staff report, reviewing waivers and justifications. Mr. Solomon Planning, Zoning, and Appeals Board Meeting Minutes June 27,2006 Page 5 summarized as follows: item 1 was supported by staff with elimination of end tower sign on building C, item 6 and 9 were withdrawn by the applicant, item 2 was omitted as a requested waiver; staff recommended number 3; item 4 - buildings fronting along PGA Boulevard could have signs on the back but not on the sides next to PGA Boulevard; item 5 regarding the 2 large signs staff did not recommend approval unless the width was scaled down; item 6 had been withdrawn; staff recommendation for item 7 and 8 with 22 directional signs would be acceptable to staff if the size of the signs were reduced. Mr. Solomon indicated he could accept this package if the applicant was willing to work with staff regarding items 7 and 8. During ensuing discussion, the applicant indicated they might be able to have 2 standards for directional signs depending on the amount of words on the signs. The applicant indicated it was important to have flexibility for hture signs. MOTION: Mr. Pennell made a motion to recommend to City Council approval of Petition MISC- 04-43 with staff recommendations and the following changes to waivers: eliminate waivers 2, 6 and 9 totally; reduce waiver 8 from 32 directional signs to 22 (a reduction of 10 signs); the applicant shall reduce the size of the vehicular directional signs to 9 square feet in size, and blade signs will not be on buildingdfacades that front PGA Boulevard. Mr. Panczak seconded the motion, which carried by unanimous 6-0 vote. OLD BUSINESS Mr. Pennell asked for an update on Downtown at the Gardens and Legacy Place, which were discussed at the last meeting. Mr. Wiseman responded that staff planned to make a presentation at the next meeting regarding what had been approved versus what had actually been built. Options to correct any discrepancies would be included. Mr. Solomon noted there was nothing planted in the top level parking garage concrete planters at Downtown at the Gardens; service bays also were a concern to be addressed. Vice Chair Present noted the FAA letter provided at tonight’s meeting for the medical center helistop had items that needed to be reviewed by staff before presentation to City Council. Mr. Kanel expressed his concerns regarding this item. NEW BUSINESS There was no new business to come before the board. Planning, Zoning, and Appeals Board Meeting Minutes June 27,2006 Page 6 ADJOURNMENT There being no fbrther business, the meeting was adjourned at 9:49 p.m. The next regular meeting will be held July 11, 2006. 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, Recording Coordinator for the Meeting CITY OF PALM BEACH GARDENS PLANNING, ZONING, and APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: CVWA-06-06-01 SUBJECT/AGENDA ITEM Petition CVWA-06-06-01: 382 Riverside Drive - Waiver to Allow for Commercial Vehicle to be Parked in Driveway Public Hearing and Consideration of Approval: A request by Rudolph Stehr, owner, for a waiver from Section 78-393, of the City’s Land Development Regulations, entitled Parking and storage restrictionsfor commercial vehicles, to allow for a van with roof rack and ladder in the driveway of the residence located at 382 Riverside Drive. [XI Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: City Attorney Christine Tatum Finance N/A 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 Mana Project Manager Michael J. Saqez, AICP Planning Manager [XI Quasi -Judicial [ 3 Legislative [XI Public Hearing Advertised: [ ]Required [XI Not Required Affected Parties: [XI Notified [ ] Not Required FINANCE: N/A Costs: $ N/A Total $253 Current FY Funding Source: [ 3 Operating [XI OtherNA Budget Acct.#: N/A PZAB Action: [ ]Approved [ 3 App. w/ conditions [ ]Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: Waiver Justification Signed Petition Pictures of Previous and Current Vehicle Pictures of Residence and Neighborhood Survey of Residence Minutes from June 9, 1998 PZAB Staff Report from June 9, 1998 PZAB Meeting Public Notice and Location Map Final Order (APPROVAL) Final Order (DENIAL) Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: CVWA-06-06-01 BACKGROUND The subject property consists of a single-family residence and is zoned Residential Low Density-3 (RL3). On June 9, 1998, the City’s Planning, Zoning and Appeals Board (sitting as the “Zoning Board of Appeals” at the time) granted the current applicant a waiver from the parking and storage requirements of the City’s Land Development Regulations (LDRs) (previously Chapter 118-510 and 118-508) to allow a van with a roof rack and ladder to be parked at the current residence (please see attached minutes j?om said meeting). At the Board’s request, the staff at the time conducted a field visit and determined that there was not sufficient room on either side of the house or in the carport to park the vehicle (please see attached pictures, survey and staff reportfrom 1998 hearing). The applicant presented a petition at the meeting signed by certain neighbors stating that they had no objection to the van with the ladder rack. The Board voted 6-1 to approve the waiver with the condition that the waiver would apply only to the vehicle that was the subject of the application at the time. REQUEST The applicant has since purchased a new van and wishes to reapply for the same waiver to allow for the new van to be parked in the driveway with the same roof rack and ladder previously approved for the previous vehicle. CITY‘S LAND DEVELOPMENT REGULATIONS Section 78-392 of the City’s LDRs entitled, Definitions, defines a commercial vehicle as “...any motor vehicle to which has been added a platform rack or other similar apparatus designed for carrying property or cargo, but excluding a standard luggage rack ...” Section 78-393 of the City’s LDRs entitled, Parking and storage restrictions for commercial vehicles, provides that “All commercial vehicles shall be prohibited from being parked or stored in a residential district ...” It has been determined by staff that the proposed roof rack placed atop the van would classify it as a commercial vehicle, as defined in the City’s LDRs. Waiver Section 78-396(d) of the City’s LDRs entitled, Waiver, states “Recognizing that the strict application of the requirements of this subdivision” (entitled Subdivision IV. Parking and storage of commercial vehicles, boats, buses, trailers, trucks, and recreational vehicles.) “may work an undue hardship on certain persons, a waiver from the strict interpretation of this subdivision may be granted by the planning, zoning and appeals board.” Said section further states that as a basis for approval, the board must find that the requested parking of the vehicle will: 2 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: CVWA-06-06-01 0 a. Be consistent with the general character of the neighborhood considering population density, intensity and character of activity, and traffic and parking conditions; and b. Not be a detriment to the use, enjoyment, economic value or development of surrounding properties or the general neighborhood. PUBLIC NOTICE On June 28, 2006, a notice of public hearing for this petition was mailed to owners of properties within 500 feet the subject property (please see attached public notice and map). No objections to this petition have been received to date. SIGNED PETITION The applicant has provided a petition signed by certain neighbors stating that they have no objection to the new vehicle with the roof rack and ladder (please see attached petition and map showing property addresses). STAFF ANALYSIS AND RECOMMENDATION Staff has analyzed the proposed request and does not have any objection to the new van being parked in the driveway with the same roof rack and ladder previously approved for the previous vehicle based on the following: *:* There is not sufficient room on either side of the house or in the carport to park the vehicle; *:* The applicant had previously been granted approval to park a previous van, similar in character to the new van, with a roof rack and ladder in the driveway and has since been utilizing the vehicle for business purposes; *:* According to the applicant, the new van will not have any commercial lettering on the side (staff has included this provision as a condition of approval); *:* The City has received no complaints of the previous van with the roof rack since the previous approval in 1998; *:* The City has received no objections to the current request from those residents notified; *:* The applicant has provided a signed petition from a majority of the neighbors stating that they have no objection to the request; *:* There exists landscaping on both sides of the driveway that assists in the screening of the vehicle from adjacent properties (see attached pictures) (staff has included the maintenance of said landscaping as a condition of approval); and *:* The size of the proposed roof rack and ladder appear to be the minimum needed in order to achieve the intended use. In staffs professional opinion, the continued parking of a van with a roof rack at the 0 3 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: WA-06-06-01 subject property, as being proposed, will have minimal impact on the adjacent residents and the general character of the neighborhood and will not be a detriment to the use, enjoyment, economic value or development of surrounding properties or the general neighborhood. Therefore, staff recommends APPROVAL of the subject application, subject to the following conditions: 1. 2. 3- 4. 5. There shall be no commercial lettering on the side of the van. Zoning) (Planning and The applicant shall maintain the existing landscaping on either side of the driveway or a replacement acceptable to the City Forester, in order to screen the van from view to every extent possible. (Planning and Zoning) This approval may be transferred to another vehicle if, and only if, the new vehicle is consistent in size, character and appearance as the current vehicle, subject to the discretion of the Growth Management Administrator. (Planning and Zoning) The size and character of the roof rack and equipment placed thereon shall be consistent with that presented with this petition. (Planning and Zoning) The van shall be parked in the parking space closest to the residence. (Planning and Zoning) 4 382 RIVERSIDE DRIVE PALM BEACH GARDENS FL 33410 561-626-8879 May 23,2006 TO WHOM IT MAY CONCERN RE: TRUCK WITH IADDER AND LADDER RACK HAVING THE LADDER RACK AND LADDERS ON THE ROOF OF MY VAN IS A NECESSITY FOR ME TO REMAIN IN BUSINESS AND EARN A LIVING. NOT BEING ABLE TO KEEP LADDER RACK ON MY VAN WOULD CREATE A HARDSHIP BECAUSE: 0 - I WOULD NOT BE ABLE TO WORK ON TWO STORY BUILDINGS WITH THE AIR CONDITIONERS UP ON THE ROOF IF I TRIED TO PUT THE LADDER INSIDE THE VAN WOULD CREATE A TRAFFIC HAZZARD BECAUSE THE LADDER WOULD STICK OUT THE BACK DOOR BY THREE FEET OR SO IF I HAD TO DO BUSINESS IN THE ABOVE MENTIONED MANNER AND I WAS OUT OF THE AREA SUCH AS WELLINGTON OR BOYNTON BEACH AND I HAD TO GET UP ON THE ROOF; IT WOULD MEAN A SECOND TRIP WHICH I WOULD NOT BE ABLE TO GET COMPENSATED FOR MY TIME OR GAS I HAVE ALREADY LOST SOME BUSINESS BECAUSE I HAVE NOT BEEN ABLE TO USE A LADDER. AND I DO NOT LIKE LOSING BUSINESS. 382 RIVERSIDE DRIVE PALM BEACH GARDENS FL 33410 . 561-626-8879 May 23,2006 TO WHOM IT MAY CONCERN RE: TRUCK WITH LADDER AND LnDDER R CK I HAVE NO OBJECTION TO MY NEIGHBOR HAVING A LADDER ORTWO AND A LADDER ON THE ROOF OF HIS VAN. NAME ADDRESS SIGN 0 KEITH MODELSKI 388 RIVERSIDE DRIVE N/e.&r [d . MR MRS FUN 376 RIVERSIDE DRIVE - 2-J % MRS WADE MR MRs CROCKER 377 RIVERSIDE DRI~F~ZL, & L MR JOHN CAVALIER 406 RIVERSIDE DRIVE < OF MARY ANN BURNHAM 387 RIVERSIDE DRIVE MR O'BRIEN b 395 RIVERSIDE DRIVE a- MR NADEAU 370 RIVERSIDE DRIVE 394 RIVERSIDE DRIVE k;l 365 RIVERSIDE DRIVE MR MRS NEWLON MR HEMINGER 0 . -1 k a J I I -'- I-. , &4 t I lr a. , '4, -- .. I-- \ .. . \ &.- \,: . CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION June 9, 1998 MINUTES The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Diane Carlino 7:30 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. JTFMS BY GROWTH MAN AGgMgNT DIRECTOR Growth Management Director Roxanne Manning introduced new Planner I, Angela Csinsi. Director Manning explained that City Engineer Len Lindahl would address the issue of 100' stacking distance. Mr. Lindahl explained the City of Palm Beach Gardens used a 100' clear zone stacking standard at all major parking facilities obtained by measuring from the edge of pavement in entering a parking lot to allow safe, swift execution of the traffic movement either entering or exiting the parking lot without encountering a conflict immediately upon entering or exiting. Mr. Lindahl presented a drawing to illustrate traffic movement in such a case, presented documentation to support the City's standard, and discussed examples of problems where the stacking distance guideline had not been met. Mr. Glidden recomended the guideline be incorporated into an ordinance and that differentiation be made based on variables of the area served by a parking lot, number of entrances, and whether traffic was entering from a major, secondary, or tertiary arterial. Mr. Glidden questioned whether other variables could be created. Mr. Lindahl recomended use and intensity parameters, and discussed other issues such as landscaping, lighting, etc. Mr. Glidden expressed his opinion that the length should be variable in different circumstances. Chair Carlino requested this item be placed on a future agenda. APPROVAL OF WINWTBS Minutes of mv 26. 1998 - Mr. Pisani made a motion to approve the minutes as submitted. Mr. Solomon seconded the motion, which carried by unanimous 6-0 vote, with Mr. Nedvins abstaining. Planning & Zoning Commission Minutes June 9, 1998 e ZONING BOARD 0 F APPEALS The roll was called by Jackie Holloman, Secretary for the meeting. JzJxsBs Absent Chair Diane Carlino Joel Channing, Vice Chair John Glidden, Chair Pro Tem Alternate Richard Masters John Nedvins Ralph Pisani Dennis Solomon Also present at the meeting were Growth Management Director Roxanne Manning, Assistant City Manager Greg Dunham, City Attorney Carole Post, City Engineer Len Lindahl, Principal Planner Marty Minor, Planner Ed Tombari, and Planners Ed Tombari and Angela Csinsi. Waiv r JW-98-01 - R vri rv - i Vehicle Principal Planner Kim Glas responded to questions raised at the last meeting, and clarified that the City had sent notice to all neighbors within 200' of the Stehr property that there would be a public hearing regarding parking of their vehicle; and that this vehicle had not always been in violation but only as a result of recent changes in the Ordinance defining a commercial vehicle. Ms. Glas explained that staff did not have the authority to address options other than those outlined in the ordinance. Ms. Glas explained that the Public Hearing had been continued from the last meeting. Ms. Glas reviewed the case, explained that staff had measured the property and verified there was not sufficient room in the side yard to park the van, and the carport was not high enough or long enough. Ms. Glas presented photographs of the property and surrounding neighborhood. Ms. Glas explained this code violation had been initiated by a field observation by a Code Enforcement Officer, and stated no phone calls had been received from the public. Ms. Glas .stated staff recommended denial because the code requirements were not met; and explained the City Attorney had clarified it was possible for the Board to approve a waiver with conditions. 2 .. Planning & Zoning Commission Minutes June 9, 1998 a - Mrs. Stehr presented a copy of a petition signed by neighbors that the van did not bother them, and clarified there was no lettering on the van and that it was considered a commercial vehicle only due to the ladder rack and ladders. Discussion ensued. It was clarified that if the waiver was granted it would apply only to this vehicle. Xr. Bisani made a motion to grant the waiver for Petition WV-98-01 ae requested. Mr. Xasters seconded the motion. Motion carried by unanimous 6-1 vote with Chair Carlino opposed. Principal Planner Kim Glas reviewed the violation and reported staff had visited the property and measured and there was insufficient in the side yards for the vehicle; and that Mr. Groce's home-based business was conducted out of the rear of the garage which did not allow sufficient room for the vehicle within the garage. Ms. Glas reported Mr. Groce did have a City occupational license for a home- based business. Ms. Glas reported the original code violation was received via an anonymous complaint. Since mailing the notice of public hearing to residents within 200', two anonymous letters had been received that would affect granting the waiver. At the last meeting it had been suggested the vehicle be parked parallel to the house with a hedge installed as a screen. Ms. Glas agreed that might be a possibility but reported staff did not have the authority to offer this as an option. Ms. Glas clarified that if the tool boxes did not exceed the height of the truck sides then this pickup truck would not be defined as a commercial vehicle. 8 Mrs. Groce reported Ms. Glas had visited the property and discussed the possibility of screening, and clarified the height of the tool boxes could not be lowered. Attorney Post explained the Board had the power to grant waivers with conditions. Chair Carlino declared the Public Hearing open. from the public, Chair Carlino declared the Public Hearing closed. Hearing no comments Mr. Solamon made a motion to deny the waiver request. Chair Carlino passed the gavel to Vice Chair Charming and seconded the motion. During discussion of the motion, Mr. Nedvins commented that it appeared that granting an occupational license had been an error since it created this kind of issue; and expressed his opinion that there must be dozens of residents in the same situation and that the 3 , t Planning Zoning Commission Minutes a June 9, 1998 ordinance was poorly conceived and should be tabled until after much more research had been done to determine the impact of the ordinance on the residents. Mr. Nedvins commented that being in violation because a tool box stuck up and could be seen from a window was ridiculous and he could not believe the Board was taking up time discussing this, and that in the long xun, the Board, staff, and the City Council would spend numerous hours on these kinds of issues, which he deplored. m. Nedvine commented he would not vote against a resident unless they were parking something like a cement truck, 24- foot panel truck, moving truck, etc., overnight, and requested that the ordinance be revisited and revised. 26r. Glidden expressed sympathy with Mr. Nedvins' comments, but stated in this instance code could be met by installing a token hedge. Mr. Channing expressed sympathy with Mr. an ms. Groce's problem since they were allowed to have a home business. After further discussion, motion failed by vote of 3-4 with Mr. Xasters, a. Nedvins, Chair Carlino, and Xr. Solomon opposed. Xr. Nedvins made a motion to grant the waiver in petition pw-98-02 as reauested. Mr. Masters seconded the motion. Motion carried by 5-2 voce with Mr. Solomon and Chair Carlino opposed. 8 The roll was called by Jackie Holloman, Secretary for the meeting. Present; Absent Chair Diane Carlino Joel Channing, Vice Chair John Glidden, Chair Pro Tem Alternate Richard Masters John Nedvins Ralph Pisani Dennis Solomon John Glidden stepped down due to conflict of interest. 1 4 I ZONING BOARD OF APPEALS Petition WV-98-01 Meeting Date: June 9,1998 Public Hearing: Petition WV-98-01 Commercial Vehicle Waiver for 382 Riverside Drive Mr. Rudolph Stehr is requesting a waiver from the parking and storage requirements of Chapter 118-510 and 118-508. I. REOUEST Mr. Stehr is requesting approval of commercial vehicle parking within the driveway of his residence located at 382 Riverside Drive. His request and justification are further explained in the attachments. 11. BACKGROUND The subject property is residential and currently zoned RL3. 0 Generally commercial vehicles are prohibited in residential districts. The Boat/RV/Commercial Vehicle Parking and Storage code provides an allowance for commercial vehicles on residential properties if they are stored in a garage or parked along the sidehear and screened from view. The subject commercial vehicle was cited for violating Chapter 11 8, Division 3. The Code Enforcement Board found the case in violation and ordered h4r. Stehr to comply with the code's parking requirements, gain a waiver through the ZBA, or incur fines. This particular vehicle is defined as a 'commercial vehicle' due to the nonstandard racks and ladders mounted on the roof. It is in violation of the code for not being properly stored on a residential lot. The vehicle would be in compliance by removing the ladders and rack when parked at the residence, or by parking the vehicle in the carport or along the sidehear of the house. Staff conducted a field visit to the Stehr residence on June 3, 1998 and was able to acquire the measurements relevant to this petition. The vehicle height was measured at 7'6" with the ladders, and 7'4'' with the ladders removed. The carport height was measured at 7'4". With the ladders removed, it would be difficult to move the vehicle into the carport. It would be impossible to maneuver the vehicle into the carport with the ladders remaining. The length of the vehicle was 18'3", and the length of the carport 13'8", thus the vehicle would extend out of the carport by 4'5". The 3'2" and 5'6" wide side yards provide inadequate room for parking the 8' wide vehicle. Zoning Board of Appeals Page 2 0 Petition WV-98-01 vehicle length vehicle height including ladder rack Staff also took several pictures of the site containing the commercial vehicle, as well as the surrounding properties so that the ZBA can make a fair consideration based on the two (2) criteria outlined further in the "ZBA Consideration" section of this report. 18' 3" 7' 6" I I vehicle width (mirror to mirror) carport depth carport height (entry point) interior width interior width with moveable storage box east wall to property line (including planter) west wall to property line 8' 13' 8" 7' 4" 10' 1.5" 6' 10" 3' 2" 5' 6" Based on the code requirements found in Section 1 18, Division 3, this vehicle is consistent with the definition of "Commercial Vehicle". Therefore, staff recommends denial of petition WV-98-0 1. IV. ZBA CONSIDERATION Section 1 18-5 12 provides that a basis of approval must be found by the Board: 1) that the requested parking or storage be consistent with the general character of the neighborhood considering population density, intensity and character of activity, and traffic and parking conditions; and 2) that the request not be a detriment to the use, enjoyment, economic value, or development of surrounding properties or the general neighborhood. Unlike a typical variance which applies to the parcel of land, this parking and storage waiver applies to the specific vehicle and is not transferable. Should Mr. Stehr get another or a new vehicle, it must be parked on the property consistent with the code requirements, or a new waiver must be requested and approved by ZBA. City Attorney Carol Wallace-Post has determined that placing conditions on waiver approvals is legally acceptable. CITY OF PALM BEACH GARDENS I NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Planning, Zoning, and Appeals Board of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on July 11, 2006, at 6:30 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: CVWA-06-06-000001: Commercial Vehicle Waiver for 382 Riverside Drive Public Hearing and Consideration of Approval: A request by Rudolph Stehr, property owner, for a waiver from Section 78-393 of the City Code, which prohibits commercial vehicles from being parked or stored in a residential district, to allow for a van with roof rack and ladder in the driveway of the residence located at 382 Riverside Drive. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said petition may be inspected by the public in the Growth Management Department (561 -799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for 0 holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the Planning, Zoning, and Appeals Board with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Michael J. Sanchez, AICP, Planning Manager I-: , Ill Riverside Drive I Subject Site 1 I I / ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD CITY OF PALM BEACH GARDENS PETITION NO. CVWA-06-06-01 RE: A request by Rudolph Stehr, owner, for a waiver from Section 78-393, of the City’s Land Development Regulations, entitled Parking and sforage restrictions for commercial vehicles, to allow for a van with roof rack and ladder to be parked in the driveway of the residence located at 382 Riverside Drive. LEGAL D ESCRl PTl ON : PLAT 1 OF PALM BEACH GARDENS ESTATES BLOCK 12 LOT 21 ORDER APPROVING WAIVER THIS CAUSE came to be heard upon the above application, and the City of Palm Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and other evidence presented by the applicant, city staff, members of the public, and other interested persons at a hearing called and properly noticed, hereby makes the following findings of fact: 1. subject property. Notice of the public hearing was sent to all properties within 500 feet of the 0 2. The property, which is the subject of said application, is classified and zoned Residential Low Density -3 (RL3) by the City’s Land Development Regulations (LDRs) and the zoning map made a part thereof by reference. 3. In accordance with Section 78-393 of the City’s LDRs entitled, Parking and storage restrictions for commercial vehicles, all commercial vehicles are prohibited from being parked or stored in a residential district. 4. Mr. Rudolph Stehr, owner of the subject residence, seeks a waiver pursuant to Section 78-369(d) of the City’s Land Development Regulations to allow for a van with a roof rack and ladder to be parked in the driveway of the subject property. 5. Staff has determined that said van with a roof rack meets the definition of a commercial vehicle as defined in Section 78-392 of the City’s LDRs entitled, Definitions. 6. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board has the right, power and authority to act upon the application herein made. 7. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines that the requested waiver meets the criteria set forth in Section 78-396(d)(2) of 0 the City’s Land Development Regulations: Planning, Zoning, and Appeals Board Meeting Date: July 1 1, 2006 Petition: CWVA-06-06-01 The requested parking of the vehicle will: a. Be consistent with the general character of the neighborhood considering population density, intensity and character of activity, and traffic and parking conditions; and b. Not be a detriment to the use, enjoyment, economic value or development of surrounding properties or the general neighborhood. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: Petition CVWA-06-06-01 for a waiver from the commercial vehicle parking requirements established in Subdivision IV of the City’s Land Development Regulations is APPROVED to allow for a van with a roof rack and ladder to be parked in the driveway at the above-described property in the City of Palm Beach Gardens, Florida. 1. 2. Said waiver is approved subject to the following conditions, which shall be the responsibility of the applicant, -its successors, or assigns: - 0 a) There shall be no commercial lettering on the side of the van. (Planning and Zo n i ng ) b) The applicant shall maintain the existing landscaping on either side of the driveway or a replacement acceptable to the City Forester, in order to screen the van from view to every extent possible. (Planning and Zoning) c) This approval may be transferred to another vehicle if, and only if, the new vehicle is consistent in size, character and appearance as the current vehicle. (Planning and Zoning) d) The size and character of the roof rack and equipment placed thereon shall be consistent with that presented with this petition. (Planning and Zoning) e) The van shall be parked in the parking space closest to the residence. (Planning and Zoning) 3. The reason for APPROVING the waiver is as follows: The decision has been based upon the opinion that the requested parkinq will (1 1 be consistent with the qeneral character of the neiqhborhood considering population density. intensity and character of activity, and traffic and parking conditions; and (2) not be a detriment to the use, enioyment, economic value or development of surroundinq properties or the general neiqhborhood. 2 Planning, Zoning, and Appeals Board Meeting Date: July 11, 2006 Petition: CWVA-06-06-01 DONE AND ORDERED this day of ,2006. Craig Kunkle, Chair Planning, Zoning, and Appeals Board City of Palm Beach Gardens ATTEST: BY: Debbie Andrea, Recording Secretary 3 ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD CITY OF PALM BEACH GARDENS PETITION NO. CVWA-06-06-01 RE: A request by Rudolph Stehr, owner, for a waiver from Section 78-393, of the City’s Land Development Regulations, entitled Parking and storage resfrictions for commercial vehicles, to allow for a van with roof rack and ladder to be parked in the driveway of the residence located at 382 Riverside Drive. LEGAL DESCRIPTION: PLAT I OF PALM BEACH GARDENS ESTATES BLOCK 12 LOT 21 ORDER APPROVING WAIVER THIS CAUSE came to be heard upon the above application, and the City of Palm Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and other evidence presented by the applicant, city staff, members of the public, and other interested persons at a hearing called and properly noticed, hereby makes the following findings of fact: 1. subject property. Notice of the public hearing was sent to all properties within 500 feet of the 0 2. The property, which is the subject of said application, is classified and zoned Residential Low Density -3 (RL3) by the City’s Land Development Regulations (LDRs) and the zoning map made a part thereof by reference. 3. In accordance with Section 78-393 of the City’s LDRs entitled, Parking and storage resfricfions for commercial vehicles, all commercial vehicles are prohibited from being parked or stored in a residential district. 4. Mr. Rudolph Stehr, owner of the subject residence, seeks a waiver pursuant to Section 78-369(d) of the City’s Land Development Regulations to allow for a van with a roof rack and ladder to be parked in the driveway of the subject property. 5. Staff has determined that said van with a roof rack meets the definition of a commercial vehicle as defined in Section 78-392 of the City’s LDRs entitled, Definitions. 6. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board has the right, power and authority to act upon the application herein made. 7. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines that the requested waiver does not meet the criteria set forth in Section 78- Planning, Zoning, and Appeals Board Meeting Date: July 1 1, 2006 Petition: CWVA-06-06-01 396(d)(2) of the City’s Land Development Regulations: The requested parking of the vehicle will: a. Not be consistent with the general character of the neighborhood considering population density, intensity and character of activity, and traffic and parking conditions; and b. Be a detriment to the use, enjoyment, economic value or development of surrounding properties or the general neighborhood. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: Petition CVWA-06-06-01 for a waiver from the commercial vehicle parking requirements established in Subdivision IV of the City’s Land Development Regulations is DENIED to allow for a van with a roof rack and ladder to be parked in the driveway at the above-described property in the City of Palm Beach Gardens, Florida. 1. 2. The decision has been based upon the opinion that the requested parkinq will (1 ) not be consistent with the general character of the neighborhood considerinq population density, intensity and character of activity, and traffic and parkinq conditions; and (2) be a detriment to the use, enioyment, economic value or development of surrounding properties or the general neighborhood. The reason for DENYING the waiver is as follows: 0 DONE AND ORDERED this day of ,2006. Craig Kunkle, Chair Planning, Zoning, and Appeals Board City of Palm Beach Gardens ATTEST: BY: Debbie Andrea, Recording Secretary 2 CITY OF PALM BEACH GARDENS PLANNING, ZONING, and APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SPLN-O~-O~-O~ SUBJECT/AGENDA ITEM SPLN-06-02-04: Amendment to Banyan Tree PUD - Development of Phase I1 Public Hearing and Recommendation to City Council: A request by Mr. Ryan Johnston of Johnston Group Land Development Consultants, Inc., on behalf of Normac Development, LLC, for approval of an amendment to the Banyan Tree Planned Unit Development (PUD) to allow(1) the construction of an office building consisting of 30,000 square feet of medical office space and 20,000 square feet of professional ofice space on Phase I1 of the PUD; and (2) an extension of the build out date of the PUD to December 31, 2008. The approximately 3.93-acre Phase I1 of the Banyan Tree PUD is generally located at the northwest corner of the intersection of Northlake Boulevard and MacArthur Boulevard. [XI Recommendation to APPROVE with conditions and five (5) waivers [XI Recommendation to DENY one (I) waiver Reviewed by: City Attorney Christine Tatum Finance N/A Development Compliance Bahareh Keshavarz-Wolfs, AICP Interim Growth Management Administrator Daniel P. Clark, P.E. Approved By: City Manager Ronald M. Ferris Originating Dept.: Manager AICP c/ Planning Manager [XI Quasi -Judicial [ ] Legislative [XI Public Hearing Advertised: Paper: Palm Beach Post Date: June 30,2006 [XI Required [ 3 Not Required Affected Parties: [XI Notified [ 3 Not Required FINANCE: N/A Costs: $ N/A Total $.XA Current FY Funding Source: [ ]Operating [XI Other- Budget Acct. # : N/A PZAB Action: Approved App. w/ conditions Denied Rec. approval Rec. app. w/ conds. Rec. Denial Continued to: Attachments: Ordinance 41,2001 Ordinance 11,2003 Ordinance 17,2003 Ordinance io, 2004 Resolution 75, 2004 Applicant's Waiver Justification Site Plan Landscape Plan Overall PUD Site Plan Building Elevations and Floor Plans Color Building Elevations and Renderings Color Site Plan and Elevations w/landscaping Date Prepared: June 16,2006 Meeting Date: July 11, 2006 Petition: SP-06-02-04 BACKGROUND On February 21, 2002, the City Council approved Ordinance 41, 2001 establishing the 0 Banyan Tree Planned Unit Development (PUD) consisting of approximately 12.64 acres of land located at the northeast and northwest corners of the intersection of Northlake and MacArthur Boulevards. The approval allowed the PUD to be developed in three (3) phases and approved the site plan for Phase I of the PUD consisting of a 41,000 square feet of office space (Blood Bank). On May 15, 2003, the City Council approved Ordinance 11, 2003 providing for site plan approval for Phase I11 of the Banyan Tree PUD consisting of two office buildings totaling 24,700 square feet, a 2,780 square foot bank and a 5,000 square foot restaurant building. On September 18, 2003, the City Council approved Ordinance 17, 2003 providing for modifications to the previously approved master plan for Phases I and I1 and extending the build-out date for the development to December 31,2006. On May 20,2004, the City Council approved Ordinance io, 2004 providing for the transfer of the site plan approval and related conditions to Resolution 75,2004, and Resolution 75, 2004 establishing a signage program for Phase I11 of the Banyan Tree PUD. LAND USE & ZONING The Property is zoned Mixed-Use Planned Unit Development (MXD/PUD) Overlay. The future land-use designation of the Property is Mixed Use (MXD). The site is located within the Northlake Boulevard Overlay Zone (NBOZ). The existing land uses and zoning designations of properties surrounding the Property are provided in the following table: (The remainder of this page was intentionally left blank.) 2 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 North Lake Catherine Residential Development ZONING CMSIFICATIONS, LAND-USE DESIGNATIONS (Mm Planned Community Residential Development Medium (RM) I PlannedUnit I South Costco Wholesale and Sports Authority Retail Stores, south of Northlake Boulevard Subject Property Office, Retail Planned Community Development (PCD) Commercial (C) I Mixed-Use (MXD) I (PUD)/Mixed-Use &&t Pep Boys Retail Store, Across C-17 Canal Commercial (C) General Commercial (CG1) West SunTrust Bank (not within City limit) Not within City Not within City limit limit CONCURRENCY AND BUILD-OUT DATE The current build-out date of Phases I and I1 of the PUD, as extended by Ordinance 17, 2003 is December 31, 2006. On December 6, 2005, the Palm Beach County Traffic Division approved a replacement of the previously approved 38,500 square feet of retail planned for Phase I1 of the development to 30,000 square feet of medical office space and 20,000 square feet of professional office space with a new build-out date for the development of December 31, 2008. The Applicant is requesting that this build-out date be reflected in the development order for Phase 11. Since a new traffic study has been approved by Palm Beach County and the City’s traffic consultant, staff has no objections to the proposed extension to the build-out date. 0 The overall PUD’s traffic approval consists of 85,700 square feet of office space, 30,000 square feet of medical office space, 2,780 square feet of bank space and 5,000 square feet of restaurant space. PROJECT DETAILS The proposed development plan for Phase I1 consists of 30,000 square feet of medical office use and 20,000 square feet of professional office use. The proposed site plan consists of one (I), three (3) story office building. The office building has been designed to be consistent and compatible with Phases I and I1 of the Banyan Tree development. A main building tower as well as two entry tower elements, one 0 on both the south and north face of the building have been included. 3 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 The plaza and architectural design of the east elevations allow the building to respond to the plaza (Urban Space), creating an architectural design element oriented directly towards the Banyan Tree. The architectural design includes multiple building planes in order to avoid long runs of exterior walls without definition or relief and utilizes such elements as raised architectural cast concrete bands at the roof eave, second floor level and at the base of the building. Additionally, all of the windows include a detailed cast stone design element above each window. The windows for the second and third floors include multiple window panes while the first floor window/door openings utilize a special arched design feature that is replicated at the third floor level of the entry tower and the door transom element above the main building entries. The following is a summary of the key points regarding the building footprint and the design and location of the building upon the property: a. The southern face of the building does not extend any further south than that of the Blood Bank, and the southeast corner of the building has been held back a sufficient distance so that both the westbound and eastbound traffic on Northlake Boulevard have a clear view towards the historic Banyan Tree. b. The building is located just south of the middle of the property thereby providing a substantial distance between the residential project to the north. This is different than Phase I11 of the development, which is on the east side of MacArthur Boulevard, as the Lake Catherine sports complex abuts the northern boundary of Phase 111 and allowed the buildings to be located close to the north property line. 0 c. The location of the building allows the majority of the parking to be located on the north side of the building, with customer and guest parking being located on the south side of the building. d. A generous amount of landscaping has been provided at the southeast corner of the property (at the intersection of Northlake and MacArthur Boulevards) in order to enhance the view from Northlake Boulevard towards the historic Banyan Tree. e. The plaza on the eastern side of the proposed building provides a direct connection from a pedestrian point of access (to the building) and a seating area to the public walkway along MacArthur Boulevard and directly to the Banyan Tree. f. In addition to the plaza, two (2) landscape trellis structures will provide shade for the seating facing the plaza and the Banyan Tree. There is also a circular planter at the southwest corner of the plaza that serves as a focal point and will provide additional seating for the public as well as the occupants of the building. g. The building design features multiple building planes and a variety of roof heights. The main building design element is a tower on the south side of the building located “off-center’’ and therefore closer to the Banyan Tree. Additionally, two (2) 0 4 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 main building entry towers have been included that provided first floor points of access from both sides of the building. Substantial detailing and relief has been provided not only on the north and south faces of the building but also on the west and particularly the east side of the building. The east/west axis of the building is aligned with the center of the Banyan Tree and a major arched entryway on the east elevation provides access from the building to the plaza. h. The selection of landscape materials is similar and compatible with the landscape materials for the other two projects which will provide a uniform and consistent landscape presentation along Northlake Boulevard. i. The palm tree species selected for the area between the east face of the building and along MacArthur Boulevard was chosen to provide more transparency of a view from MacArthur Boulevard to the building as well as from the plaza towards the Banyan Tree. The landscape design does not compete with the mass of the tree, which maintains the tree’s position as a strong focal point. Consistencv with Comprehensive Plan The Banyan Tree PUD is classified as a non-residential MXD; therefore, it is required to comply with the non-residential MXD intensity measures established in Policy 1.1.1.3. of the City’s Comprehensive Plan and reiterated in ‘Section 78-i57(g) of the City’s Land Development Regulations (LDR’s). The intensity measures established for the PUD were reviewed and approved by the City at the time of original approval. The subject petition is not proposing any modifications to the intensity measures previously approved. Policy 1.1.1.3. of the City’s Comprehensive Plan requires that at least 51% of the gross square footage of the Commercial use within a non-residential MXD be contained in buildings having a two (2) story character containing some actual two (2) story space. The existing Phase I and I1 buildings within the development already exceed the 51% threshold for the proposed Commercial use and this petition, which proposes a 3-story commercial office building, furthers the goal of Policy 1.1.1.3. Communitu desiqn Section 78-157(h) of the City’s Land Development Regulations, entitled Mixed-Use Planned Unit Development, requires that mixed-use projects meet certain design criteria established therein in an effort to bring about a viable mixed-use environment that achieves the goals set forth in the City’s Comprehensive Plan. This section also applies to MXD/PUD’s. The following is an analysis of the community design criteria: A. Master Site Plan The Applicant has submitted a Master Site Plan in accordance with the City’s application 0 requirements. Details relating to the proposed site plan are discussed under the “Project Details” section of this report. 5 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 B. Thoroughfare Plan The existing thoroughfare plan for the Banyan Tree PUD will not be modified by this request. C. Thoroughfare Enhancement Plan The Applicant has provided significant landscaping enhancements at the two (2) existing access points to the site and has provided significant enhancements to the perimeter of the property adjacent to the existing public thoroughfares. These landscaping treatments are consistent with those provided for Phases I and I11 of the development. D. Pedestrian Linkages The proposed site plan provides for internal pedestrian connections throughout the site and allows for a variety of routes from point of origin to destination. The Phase I1 site plan creates a pedestrian-friendly, urban atmosphere through: (I) the provision of benches along MacArthur Boulevard that are oriented toward the historic Banyan Tree; (2) wide sidewalks adjacent to and surrounding the buildings; (3) the use of specialty pavers at intersections and crosswalks; (4) the inclusion of a significant plaza area on the east side of the building that will provide an outdoor area for the use of the site’s employees and guests; (5) the use of “wall garden trellis canopies” to add visual interest; and (6) the use of bench seating to promote gathering places. Pedestrian connections to both adjacent roadways as well as to the existing Phase I offce building have also been provided. E. Overall Design Theme The proposed site plan and details sheet (attached) provides illustrations and details of project-wide shared elements, including common hardscape themes, street furniture, lighting, special intersections, plazas and connections to entryways and parking areas. F. Signage The Applicant proposes to replace the existing monument sign at the northern access point along MacArthur Boulevard with an improved monument sign to be shared by both Phase I and Phase 11. The Applicant will also construct the previously approved monument sign at the access point from Northlake Boulevard, which also will be shared by both Phases I and 11. Details of both monuments signs have been included in the site plan package for review and approval. Building and tenant identification signs are to be individually mounted channel-type letters with a perforated black plexiglass face. The letters will be internally illuminated and the perforated faces of the letters will allow the signage to appear white during the night. 6 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 The Applicant is requesting waivers to allow for duplication on the north side of the building of all signs on the south side of the building. The waivers are further discussed in the “Waivers” section of this report. Staff has included conditions of approval in this staff report related to the signage to ensure consistency with other recently approved projects. G. Architecture The Applicant has provided staff with graphic representations of the building that support an overall, harmonious architectural style for the Banyan Tree development. 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 project narrative states that the Applicant understands the importance of this site as a gateway into the City and its relationship to the historic Banyan Tree. It was the goal of the development team to create a worthy addition to Northlake Boulevard and an enhancement of this gateway into the community. To compliment the existing architectural elements and color scheme of the existing Phase I and Phase I11 buildings, the proposed building will feature a combination of muted building colors, a vibrant building awning color, high quality stone textures and architectural enhancements such as medallions, wood brackets, trellises, banding and tiles. Building colors include the following: Lighthouse, Shaker Beige, Chantilly Lace, and Abingdon Putty. The awning color will be a deep red, burgundy color which will accentuate a handful of the arched windows long the ground floor level. (This concludes the “Community Design” section of the report.) Northlake Boulevard Ouerlau Corridor The subject property is located within the Northlake Boulevard Overlay Zone (NBOZ) Central District and therefore, the project must comply with the NBOZ standards under Section 78-225 of the Land Development Regulations. The building incorporates many of the design treatments established by the NBOZ standards including: *:* A variety of protective features such as awnings over ground floor level windows and a structural canopy overhang over the entrance walkway adjacent to the vehicular drop-off area on the north side of the building; *:* A pedestrian plaza amenity along the east side of the building that is delineated by a brick paver treatment, trellises with benches and trash receptacles, planters with 0 7 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 seating and defined with several Royal Palms that correspond directly to the building and its relationship to the historic MacArthur Banyan Tree; *:* The mansard roof lines of the building include overhangs that are a minimum of 12” deep; *:* Ornamental and structural architectural details, which are integrated into the building structure and overall design such as outriggers along the underside of the mansard roof overhangs, a specialized tiled design area above the main entrance doors on the south facade, and architectural appliques around the window openings on all facades; *:* A substantial amount of landscaping around the foundation planting areas adjacent to the building to create a lush environment; *:* Articulation of wall facades greater than 50 feet in width; *:* The windows and doors are expressed as individual units and not as window wall strips. The architect made careful consideration of the size and shape of the windows and doors and provided a varying and complementary mixture of openings that add architectural interest and break of the building facades; and *:* A uniform design has been maintained from all perspectives; *:* Building facades have a smooth concrete finish and applique materials will include pre-cast stone and stucco; and *:* Building elevations incorporate recesses and projections that are distributed along the facades with spacing of not more than 100 feet between each recess and projection in accordance with the NBOZ standards. The architecture is four-sided and provides a harmonious and consistent appearance on all sides. The proposed building complies with other applicable standards of the NBOZ as follows: *:* The proposed building allows pedestrian access between sites and structures. The building is similar in mass to the existing Phase I building to the east and has been designed to provide architectural interest and encourage pedestrian use of the site. *:* The proposal building architecture for Phase I1 of the project maintains a consistency between the existing Phase I and I11 buildings yet provides a transition between each phase of the development. Compatible materials and elements being incorporated into the Phase I1 building include the use of awnings, decorative mouldings, cement tile roofing, complementary color scheme, and a consistency with the established neo-Mediterranean architectural style of the project. 0 *:* The building employs a flat roof design with mansard roof features along all four (4) All rooftop mechanical equipment will be adequately sides of the structure. 8 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 screened by the mansard roof so that it is not visible from any side in accordance with the NBOZ standards. Roof drainage is handled via internal roof drains and consequently, there are no visible gutters or downspouts on the exterior of the building. *:* The primary paint color selected for the building is Benjamin Moore “Lighthouse” #2018-60 which is a pale yellow color. Secondary walls, trim and ornamentation will be variations of white, beige and brown to complement to primary wall color. This color scheme is consistent with the color palette established within the NBOZ. *:* The main wall height of the proposed building is approximately 42 feet, which is consistent with the 55-foot maximum height within the NBOZ Central District. *:* The building incorporates two (2) primary entrance features and provides a structural canopy on the north side of the building where the vehicular drop-off area is located. *:* Arches have been integrated into the window designs. The window openings are recessed in the building faqade to create depth and are scaled proportionately to balance the structure. The window frames will be finished in a mahogany color providing a contrast with the primary wall color. *:* Pedestrian walkways have been provided along all building frontages and primary access points have been accentuated with a brick paver treatment. The project walkways connect to the public sidewalks along Northlake and MacArthur Boulevard and provide an interconnection between Phases I, I1 and I11 of the project. 0 The project complies with the purpose and intent of Section 78-228. Please refer to the detailed landscape plans submitted herewith which reflect compliance with the NBOZ regulations. Please be aware that waivers have been requested from certain elements of the NBOZ regulations as identified on the “Waivers Request” summary submitted herewith. Landscapinq/Bu fferinq The Applicant will be providing 25-foot landscape buffers along Northlake & MacArthur Boulevards, which are consistent with the buffers approved for Banyan Tree PUD. The proposed landscape materials are consistent with those previously approved for the PUD and are an extension of the previously approval palette. Consistent with Phases I and 111, large Royal Palms will accentuate the project entrances and line the main walkway extending from Northlake Boulevard to the main building entrance. Royal Palms have also been used within the plaza area on the east side of the building and to line MacArthur Boulevard adjacent to the Banyan Tree, which is a mirror 0 design treatment from the existing landscaping along the east side of MacArthur Boulevard. Throughout the project, a variety of plant species, consistent with the existing 9 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 landscape palette for Banyan Tree PUD, are used in order to create diversity of plant material on the site, to create distinct areas within the project and to assist in way-finding through the project. Landscaping of adiacent roadways: The Applicant will reimburse the City for 1/2 of the costs of the MacArthur Boulevard improvements prior to the City Council’s approval of this project pursuant to Condition No. 8 of Ordinance 17, 2003 which approved the build-out date extension for the Banyan Tree PUD. Parkins Based on the proposed medical and professional office uses, the project is required to have a minimum of 217 parking spaces. The Applicant is providing 207 parking spaces on the subject property and has indicated it is seeking a shared parking agreement with the Phase I property owner that will allow the sharing of ten (IO) excess parking spaces which exist on the Phase I site, adjacent to Phase 11. Since both Phases I and I1 are subject to one overall PUD site plan and the total minimum amount of parking for Phase I and I1 of the PUD will be met, the shared parking agreement will meet with the requirements of the Land Development Regulations and is acceptable. Site Access The development plan maintains the two existing access points into the property: one from Northlake Boulevard and one from MacArthur Boulevard. Liq hting The Applicant is required to submit a photometric plan, signed and sealed by a Professional Engineer registered in the State of Florida, for the entire site prior to City Council’s review of the subject petition. In keeping with the mixed-use requirements for a strong emphasis on pedestrian amenities, lighting throughout the site plan shall be of a pedestrian scale and a style that enhances the appearance of the property. Staff is requesting that metal halide lighting be used on the site. The Applicant has submitted a photometric plan that is currently under review by the City’s Engineering Department. Drainaqe The proposed development is within the jurisdiction of the South Florida Water Management District (SFWMD) and the City of Palm Beach Gardens. The City’s Engineering Department is currently reviewing paving, drainage and grading drawings for the property as submitted by the Applicant. CPTED Compliance 0 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 10 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 or managed to produce behavioral effects that will reduce the incident and fear of crime. 0 The Police Department has reviewed the master site plan and has provided staff with several comments and conditions pertaining to security on site and adherence to the CPTED principles. Uses The original development order for the Banyan Tree PUD (Ordinance 41,2001) established a list of permitted uses that are permitted within the development. The proposed medical and professional office uses are consistent with the list of permitted uses for the site. WAIVER REQUESTS The Applicant is requesting approval of the following six (6) waivers. The Applicant’s waiver justification is attached hereto and, therefore, is not included in the text of this report. 1. Waiver from LDR Sec. 78-228(j)(2)e. requiring 8-foot interior landscape islands within the parking areas. StuffAnalusis: There are only three (3) landscape islands proposed that do not meet the abovementioned criteria, which are located within the head-to-head parking areas on the north portion of the site. In response to staffs concerns about meeting this requirement, the applicant has agreed to provide a minimum five (5) foot-wide divider median between the head-to-head parking spaces on the northern portion of the site. Staff has included a condition of approval that requires the Applicant to provide the same prior to scheduling this petition for City Council review. It is staffs opinion that the intent of the requirement has been satisfied; therefore, staff recommends APPROVAL of the requested waiver. 2. Waiver from LDR Sec. 78-228(j)(3) requiring 8-foot landscape divider medians between rows of parking and between all parking/vehicular use areas. StaffAnalusis: StaffAnalusis: The applicant has agreed to provide a five (5) foot wide divider median between the head-to-head parking spaces on the northern portion of the site. Staff has included a condition of approval that requires the Applicant to provide the same prior to scheduling this petition for City Council review. The remainder of the site meets the abovementioned requirement. Staff has worked with the applicant to include additional landscaping within the site in order to offset the waiver request. It is staffs opinion that the intent of the requirement has been satisfied; therefore, staff recommends APPROVAL of the requested waiver. 3. Waiver from LDR Sec. 78-228(1)(3)b. requiring foundation planting areas for buildings of two or more stories to be not less than 30% of the height of the adjacent wall. StaffAnalusis: Staff agrees with the Applicant’s justification. Although the required 0 11 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 minimum width of the foundation landscaping (12.6 feet) has not been satisfied in accordance with the requirements of the NBOZ, the Applicant has satisfied the intent of the condition by providing an average of 7.4 feet of foundation plantings along 82% of the perimeter of the building instead of 12.6 feet along only 40% of the building. Staff recommends APPROVAL of this waiver request. 4. Waiver from LDR Sec. 78-285 which provides that only one (1) principal tenant sign is permitted per building to allow one principal tenant sign at the top of the building on both the north and south elevations. Staff Analusis: Staff does not have any objection to allowing one (I) principal tenant sign at the top of the building along Northlake Boulevard. However, due to the close proximity of the site to the residential neighborhood to the north, staff does not recommend any signage above the first floor on the north side of the building in order to preserve the residential character of the area to the north. Staff recommends DENIAL of this waiver request. 5. Waiver from Section 78-285, entitled Permitted signs, to allow principal tenant/building ID wall signs to be located above the first-story. Staff Analusis: Although the Code does not specifically limit the height of principal tenant signs, it has been staffs policy to limit the height of all signage to the first story unless otherwise approved by the City Council. Staff has reviewed the proposed location of the principal tenant/building ID sign and is of the opinion that the signage location is consistent with other signage recently approved in the City. Staff recommends APPROVAL of the waiver request. 6. The Applicant is requesting a waiver from LDR Sec. 78-285 which provides that only one tenant sign is permitted per ground floor tenant bay. StaffAnaZysis: Staff agrees with the applicant’s justification. This waiver has been granted by the City Council for other buildings that have multiple frontages. Staff recommends APPROVAL of the waiver request, subject to the conditions of approval related to signage contained in this report. (The remainder of this page was intentionally left blank.) 12 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 Required 8’ wide SUMMARY OF REQUESTED WAIVERS Provided 5.52’ (north parking area Code Section 1) Section 78-228Cj)(2)e., entitled Interior landscape slands Cfor off-street parking) 2) Section 78-228u)(3), entitled Divider median 3) 78-228(1)(3)b., entitled Foundation landscaping and plantings 4) Section 78-285, entitled Permitted Signs 5) Section 78-285, entitled Permitted Signs Section 78-285, entitled Permitted Signs only) Three diamonds in lieu of divider 5’ wide medians (north parking area 12.6’ wide Average calculation resulting in 13.25’ average width ~ ~~ 1 Flat/wall sign for principal tenant Principal tenant sign shall not be located above the first floor 1 Flat/wall sign per ground floor user 2 Flat/wall signs for principal tenant Principal tenant sign at the top of the building along Northlake 2 Flat/wall signs per ground floor user Recommendation Approval Approval Approval DENIAL Approval Approval STAFF RECOMMENDATION Staff recommends APPROVAL of Petition SP-06-02-04 with five (5) waivers and the following conditions of approval and DENIAL of one (1) waiver that would allow signage at the top of the building on the north elevation: Plannina and Zoninq 1. Prior to scheduling this petition for City Council review, the Applicant shall provide: *:* *:* *:* A detail of the trellis features within the pedestrian plaza on the east; A minimum five (5) foot-wide landscaped divider median between the “head- to-head” parking areas north of the building; A landscape plan for the easternmost buffer adjacent to the roundabout that includes a grassed strip between the back of curb and the sidewalk, consistent with Phase I11 of the PUD, for review by the City Forester; An updated landscape plan that complies with the preferred species list for the Northlake Boulevard Overlay Zone; and *:* 0 13 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 *:* An updated landscape plan that reflects the landscaping surrounding the dumpster at the same height as the adjacent dumpster screening wall at the time of planting. (Planning and Zoning) 2. Prior to the issuance of the land alteration permit, or as determined by the Growth Management Administrator, the Applicant shall install a minimum six (6) foot tall construction fence around the perimeter of the property. The fence shall include privacy tarps covering each section. The tarps shall be green or black in color. The location of the fence shall be determined by the Growth Management Administrator. (Planning and Zoning) 3. Prior to scheduling this petition for City Council review, the Applicant shall reimburse the City for 1/2 of the costs of the MacArthur Boulevard improvements, as per Condition 8 of Ordinance 17,2003. (Planning and Zoning) 4. 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 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. (Planning & Zoning) 5. 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, ofice, and industrial) of the gross square footage for lease for approval by the Planning and Zoning Division. (Planning & Zoning) 6. Prior to scheduling this petition for City Council review, the applicant shall submit a cross-parking, cross-access agreement with Phase I of the PUD for review and approval by the City Attorney. (Planning and Zoning) Signage Conditions 7. Letter height for wall signs shall be limited those reflected on the approved building elevations. (Planning and Zoning) 8. The only sign permitted above the first floor shall be one (1) principal tenant or building identification sign on the south elevation. Prior to scheduling this petition for review by the City Council, the Applicant shall provide updated elevations depicting the same. (Planning and Zoning) 9. Wall signs shall not exceed 70% of the immediate vertical and horizontal surface area to which they are attached. (Planning & Zoning) io. Ground floor users shall be allowed a maximum of two (2) signs per tenant, only if (I) 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) 14 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 0 11. All signage shall be flush-mounted; no raceways are permitted. (Planning and Zoning) Landscaping 12. Prior to scheduling this petition for City Council review, the Applicant shall work with the City Forester to prepare and submit a revised landscape plan for the portion of the MacArthur Boulevard median adjacent to the property, to the satisfaction of the City Forester. (City Forester) 13. Prior to the issuance of the first Certificate of Occupancy, all landscape buffers shall be installed to the satisfaction of the City Forester. (City Forester) 14. The Applicant, its successor or assigns shall be responsible for the maintenance of the landscaping within the medians and adjacent road shoulders within the portions of MacArthur and Northlake Boulevards adjacent to the property. (City Forester) 15. 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 Applicant, 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) En Pineering 16. The Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) 17. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 18. 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) 19. Prior to construction plan approval and the issuance of the first land alteration permit, the 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) 15 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 0 2o.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) 21. Prior to issuance of the first land alteration permit, Applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and water/sewer) and all pertinent calculations for review and comment. (City Engineer) 22.Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 23. Prior to the issuance of the first land alteration permit, the Applicant shall provide a letter of authorization from the utility easement owners authorizing encroachment of the landscape buffers within their respective utility easements. (City Engineer) 24.The Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of- way, the Applicant has at least five (5) working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right-of-way and the subject development site. (Public Works) 0 25.The Applicant shall plat the parcel 30 days prior to the issuance of the first certificate of occupancy. (City Engineer) 26. Prior to the issuance of the first Certificate of Occupancy, the additional southbound lane on MacArthur Boulevard shall be completed to the satisfaction of the City Engineer. (City Engineer) Police 27. All lighting shall be metal halide. (Police) 28. Landscaping shall not conflict with lighting (to include long-term tree canopy growth). (Police) 29.The Applicant shall provide timer clock or photocell sensor engaged lighting for 0 above or near entryways and all pedestrian sidewalks. (Police) 16 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 30. Pedestrian scale lighting shall be installed along MacArthur Boulevard. (Police) 0 31. The entrance signs shall be lit. (Police) 32. Landscaping should not obstruct view of windows, building address numbers, and walkways. (Police) 33. Prior to the issuance of the first permit for vertical construction, the Applicant shall provide a street address system for emergency response purposes for review and approval by the City’s Addressing Committee. Address system depiction should be 8-1/2x11 map format. (Police) 34. Numerical addresses (I) shall be illuminated for nighttime visibility; (2) must have bi-directional visibility from the roadway; (3) shall be a minimum of 12 inches in height for building addresses and six inches in height for tenant addresses; and (4) shall be placed in a conspicuous location away from landscaping. (Police) 35. The Applicant shall install a passive infrared activated supplemental lighting for evening hours adjacent to the dumpster. (Police) 36.All structures shall be target hardened, including but not limited to: (I) buildings should pre-wire for an alarm system; (2) doors should be equipped with metal plate over thresh-hold of the locking mechanism; (3) rear doors shall have 180 degree peephole viewers/window; (4) case hardened dead bolt locks should be installed on all exterior door with minimum of one inch throw; and (5) door hinges should be installed on interior side of door or tamper-proof hinges used. (Police) 0 37. The Applicant shall install convex mirrors in stairwell and elevator area. (Police) 38.The Applicant shall install a high resolution low lux color digital video system with monitoring and photo processing picture or video printout capabilities. Surveillance cameras shall be strategically placed at locations such as ingress/egress points, elevators, and stairwells and on each floor of the buildings. The monitoring and control of surveillance system shall be at a central monitoring office or other designated location if feasible. It should be posted at all access pedestrian points that the facility is under video surveillance. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) 39.Prior to the 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 17 Date Prepared: June 16,2006 Meeting Date: July 11,2006 Petition: SP-06-02-04 machinery/tools at end of work day, fencing with screening 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 site. (Police) Miscellaneous 40.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) 18 February 21 , 2002 ORDINANCE 41,2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SOUTH FLORIDA BLOOD BANKS FOR REZONING OF 12.64 ACRES OF LAND LOCATED ON BOTH SIDES OF MACARTHUR BOULEVARD, ON THE NORTH SIDE OF NORTHLAKE BOULEVARD (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY DESCRIBED HEREIN, TO A PLANNED UNIT DEVELOPMENT (PUD), AND THE APPROVAL OF THE “BANYAN TREE” MASTER PUD PLAN FOR PHASE 1 OF THE PUD TO BUILDING (BLOOD BANK); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. CONSTRUCT AN APPROXIMATELY 40,900 SQUARE-FOOT OFFICE WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-09) from the South Florida Blood Banks for approval of the “Banyan Tree” Master Planned Unit Development (PUD) Plan and the first phase of the PUD located at the northwest (Phases 1 and 2) and the northeast (Phase 3) corners of Northlake Boulevard and MacArthur Boulevard, so as to construct a 40,900 square-foot office building (Blood Bank) on the western portion of the 7.43-acre Parcel 12.05, as more particularly described in Exhibit “A” attached hereto; and WHEREAS, the list of approved and conditionally approved uses for Phases 1,2 and 3 of the Banyan Tree PUD are listed in Exhibit “B” attached hereto; and WHEREAS, the approvals of Phases 2 and 3 of the “Banyan Tree” PUD Master Plan shall be done as future amendments to the “Banyan Tree” PUD approval, including review by the Planning and Zoning Commission and City Council; and WHEREAS, the Growth Management Department has recommended approval of the rezoning of Parcels 12.04 and 12.05 and the “Banyan Tree” Master PUD Plan for Phase 1; and WHEREAS, on October 23, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers, subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5,2002 Petition PUD4149 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of Parcels 12.04 and 12.05, as more particularly described in Exhibit “A attached hereto, to a PUD, and a master planned unit development (PUD) plan known as the “Banyan Tree” PUD for Phase 1 of the PUD to permit the construction of an approximately 40,900 square-foot office building (blood bank) on the western portion of Parcel 12.05. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. r) L. 0 3. 4. 5. 6. 7. 8. 9. IO. 11. Prior to the issuance of the first building permit, the applicant shall meet all of South Florida Water Management District’s (SFWMD) requirements, which includes the certification of the Lake Catherine project, and submit to the City a SFWMD permit or a letter of approval for the Blood Bank‘s surface water management system. The SFWMD approval shall include approval of the water quality, site storage calculations (shall be consistent with the assumption made for the Lake Catherine permit issued in 1990), and stormwater discharge requirements. (City Engineering) Prior to the issuance of a certificate of occupancy, the applicant shall place $8,400 into an escrow account for its share of the beautification of the Northlake Boulevard road shoulders and median adjacent to Phase 1 of the Banyan Tree PUD. The money placed into escrow for the beautification of the road shoulders and median adjacent to Phases 2 and 3 shall be addressed when these phases request development approval. (Planning and Zoning) Construction access for Phases 1, 2 and 3 shall only occur from Northlake Boulevard; no construction access shall be permitted from MacArthur Boulevard. (Code Enforcement) The applicant shall work with the City to address the MacArthur Boulevard right-of- way drainage during the development of Phases 2 and 3 of the PUD. (City Engineering) All lighting shall be metal halide. (Police) Landscaping shall not conflict with lighting (including long term tree growth). (Pol ice) The rear door shall be equipped with a peephole viewer. (Police) All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police) Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. (Police) A timer clock or photocell sensor engaging lighting above or near entrywayslexits shall be provided. (Police) , 2 Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5,2002 Petition PUD01-09 12. 13. 14. 15. 16. 1 7. 18. 19. The building shall have an alarm system. (Police) Numerical addresses on site shall be illuminated for nighttime visibility, and shall have bi-directional visibility from the roadway. (Police) The awnings on the Blood Bank building in Phase 1 shall be one color (green). (Planning & Zoning) The sidewalk along Northlake Boulevard for Phases 2 and 3 of the PUD shall continue the meandering path that has been established in phase 1. (Planning & Zoning) The sidewalk and the right turn lane along Northlake Boulevard into Phases I and 2 shall be constructed with Phase 1. (City Engineering) The architecture for Phases 2 and 3 shall contain compatible treatments, styles, materials, and colors as those approved in Phase 1, including vertical elements such as towers or design elements, smooth and textured painted stucco surfaces, cement tile roofing, multi-paned windows of mixed design (flat head and arched heads), dormer windows or other similar treatments, railings, louvered shutters, awnings, and entry porticos and building interconnections. (Planning & Zoning) The site layout for Phases 2 and 3 shall reflect and respect the uniqueness of the Banyan Tree in the MacArthur Boulevard median by employing best urban design and site planning techniques that emphasize the urban space, pedestrian quality and city entryway feature. The design of Phases 2 and 3 shall include, but not be limited to, the following principles: a. Appropriate spacing and location of buildings that adequately frame the open space in and around the Banyan Tree area; b. Sensitive building massing and bulk that do not overshadow the Banyan Tree; c. Proper symmetry of site design and architectural treatments for areas immediately adjacent to the Banyan Tree; d. Full integration of the Banyan Tree open space with the site design of Phases 2 and 3 oriented toward the Banyan Tree. This area is not appropriate for the location of excessive asphalt pavement, dumpsters, intrusive signage, and loading areas. Careful consideration may include but is not limited to street furniture, landscape enhancements, accent lighting, public art, and open space that enhances the pedestrian environment in and around the Banyan Tree. (Planning and Zoning) The applicant, successors or assigns shall submit revised traffic analyses with the submission of the development applications for Phases 2 and 3. The traffic analysis for Phase 2 shall show the exit from the site onto MacArthur Boulevard as a right-out only. The traffic analysis for Phase 3 shall show the exit from the site onto MacArthur Boulevard as a left-out only; alternatively, this access point may be shown as an ingress only to the site (no egress). Subsequent amendments to the PUD to include Phases 2 and 3 shall reflect these access points as described e. 3 . .- .. . .. - . . Ordinance 41,2001 Meeting Date: February21.2002 Date Prepared: February 5,2002 Petltlon PUD-Ol-09 above. (Planning & Zoning) Phase 1 of the PUD shall be limited to no more than 41,000 square feet of office space (without a bank) and Phase 2 shall be limited to 38,500 square feet of retail space, as referenced in the August 21, 2001 Traffic Equivalency Statement prepared by Yvonne Ziel Traffic Consultants, Inc. Phase 3 shall be limited to 27,000 square feet of retail use and 25,000 square feet of office use, as referenced in the April 19,2001 Traffic Impact Analysis (Parcel 12.04) prepared by Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in the future through amended traffic analyses or traffic equivalencies prepared by the applicant, successors or assigns, and approved by the City. (Planning & Zoning) The build-out date for this project is December 31,2002, as referenced in the April 19, 2000 Traffic Impact Analysis (Parcel 12.04) and the April 24, 2000 Traffic Impact Analysis (Parcel 12.05) prepared by Yvonne Ziel Traffic Consultants, Inc. (Planning & Zoning) 20. 21. SECTION 3. The following waivers are hereby granted with this approval: 1. Section 78-285 of the City’s Land Development Regulations (LDRs) and Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines that limit the number of ground signs to three (3) for 2,101 linear feet of public road right-of-way frontage, to allow for a fourth ground sign on the site. Section 78-508(b) of the City’s Land Development Regulations (LDRs) that requires a 150-foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 1 10 feet. Section 6-2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits the height of a building to 55 feet, to permit a maximum building height of 58 feet. Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that requires a flat wall sign to be located at the first floor level, to allow for one (1) flat wall sign immediately below the fourth floor roof line. 2. 3. 4. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date plans are received and stamped in): 1. 2. 3. 4. Master PUD Plan by Jeffrey A. Omstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 01. Site Plan by Jeffrey A. Omstein, P.A. and date stamped (October 24,2001) into the Planning and Zoning Division, sheet 1. Detail Sheet by Jeffrey A. Ornsfein, P.A. and date stamped (October 2,2001) into the Planning and Zoning Division, sheet la. First Floor Plan by Jeffrey A. Ornsfein, P.A. and date stamped (September 12, 4 I ... . . ... - .. 5. 6. 7. 8. 9. IO. 11. 12. 14. 15. 16. 17. 18. Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5,2002 Petition PUDO1-09 2001) into the Planning and Zoning Division, sheet 2. Second Floor Plan by Jeffrey A. Omstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 3. Third Floor Plan by Jeffrey A. Omstein, P.A. and date stamped (August 24,2001) into the Planning and Zoning Division, sheet 4. Roof Plan by Jeffrey A. Omstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 5. Transverse Section ‘A’ Plan by Jeffrey A. Omsfein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 8. South and East Elevations by Jeffrey A. Omstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 15. North and West Elevations by Jeffrey A. Omstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 16. Landscape Development Plan by Gentile Holloway O’Mahoney & Associates, lnc. and date stamped (October 15,2001) into the Planning and Zoning Division, sheet L-I. Landscape Specification Sheet by Gentile Holloway O’Mahoney &Associates, lnc. and date stamped (October 15,2001) into the Planning and Zoning Division, sheet L-2. Site Lighting Plan by Chane, lnc. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet SLI. Conceptual Irrigation Plan by Gentile Holloway O’Mahoney & Associates, lnc. and date stamped (August 24,2001) into the Planning and Zoning Division, sheet IR- 1. Site Engineering Plan by Torn McCarthyand date stamped (October 2,2001) into the Planning and Zoning Division, sheet 1 of I. Traffic Impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, lnc. and dated April 19,2000. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated April 24, 2000. Traffic Equivalency Statement (Parcel 12.05) by Yvonne Ziel Traffic Consultants, lnc. and dated August 21, 2001. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ord ina nce. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. 5 Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5,2002 Petition PUD-Ol-09 SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 1 5'h DAY OF NOVEMBER 2001. PLACED ON SECOND READING THIS 2l It DAY OF f%~Rufln~ 2002. e APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: /3 CITY ATTORNEY -- .- . .. -z ~ _- -. \- VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT / J J J r/ gljohn: pudOl09.or3 6 Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5,2002 Petltlon PUD-01-09 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 12.04 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE %) of said Section 18, lying Westerly of the West right of way line of the (3-17 Canal; lying Southerly of the South line of that certain parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right of way line of Northlake Boulevard. 0 LEGAL DESCRIPTION: PARCEL 12.05 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within *the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE %) of said Section 18, lying Westerly of the West right of way line of MacArthur Boulevard, formerly Gardens Boulevard as described in Official Records Book 1332, page 6 and Official Records Book 6738, page 43; lying Southerly of the South line of that certain parcel of land described in Official Records Book 6356, at page 1768; and lying Northerly of the North right of way line of Northlake Boulevard. 7 Ordinance 41,2001 Meeting Date: February21,2002 Date Prepared: February 5,2002 Petition PUD-01-09 EXHIBIT “B” BANYAN TREE PUD LIST OF PERMITTED & CONDITIONALLY PERMITTED USES (* = conditional usel RETAIL & COMMERCIAL Appliance and Electronic Store Bakery *Barber/Beauty Supplies and Equipment Sales (no wholesale; retail only)* Bicycle Sales and Repair Bookstore Clothing and Accessory Store *Drugstore or Pharmacy, General* Drugstore or Pharmacy, Ltd. Floral or Florist Shop (Retail Only) Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail (specialty; under 20,000 square feet) Hardware, Paint, Glass, Wallpaper and Floor Covering Store Hobby, Fabric, and Craft Shop Jewelry Store, including Repair of Jewelry and Clocks Medical and Dental Supply Sales (no wholesale; retail only) Pottery Shop Resta u rant , General Restaurant, Specialty Restaurant, Quality *Retail, General (Growth Management Director has discretion to require a conditional use permit on a case by case basis)* PERSONAL SERVICES *BanWFinancial Institution wlDrive Through* BanWFinancial Institution w/o Drive Through *Barber/Beauty Shops* Catering Service Clinic, Medical or Dental CI in ic, Veterinary Data Processing Service *Day Care, Child and Adult* CONTINUED NEXT PAGE I 8 Ordinance 41,2001 Meetlng Date: February 21,2002 Date Prepared: February 5,2002 Petition PUD-01-09 Express or Parcel Delivery Office *Health, Physical Fitness, Weight Reduction, and Spa* Laboratory, Dental, or Medical Laundry and Dry-cleaning Pickup Station Mail and Packing Store, Private *Personal Services* Picture Framing Photo Studio and Processing Print Shop Studio, Instructional Studio, Professional Travel Agency *Video Rental and Sales* OFFICE Employment Office Interior Design, including Sales Office, Medical or Dental Office, Professional and Business Optical, Optician or Optometrist Offices Veterinary Office and Clinic (no boarding) PUBLIC AND INSTITUTIONAL Post Office Post Office, Accessory *Schools, Public and Private* CULTURAL ENTERTAINMENT AND RECREATIONAL Art Gallery and Museum, Public or Private Club or Lodge, Private *INDUSTRIAL AND MANUFACTURING* *Laboratory, Industrial R&D (not heavy industrial) * *Printing and Publishing (not heavy industrial) * NOTE: Industrial and Manufacturing uses shall not use noxious chemicals or odor producing chemicals andlor equipment. These uses shall emphasize technology, laboratory research and testing, medical research and testing, and high tech publishing that uses modern printing and replication technologies (Le.: digital scanning). CONTINUED NEXT PAGE 9 ,. .. . . .. Ordinance 41,2001 Meeting Date: February 21.2002 Date Prepared: February 5,2002 Petition PUD41-09 OTHER Accessory Uses Satellite Dishes, Accessory 10 - @I 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 39 40 41 42 43 44 45 As Amended and Approved by Council May 15.2003 Ordinance 11. 2003 ORDINANCE 11,2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) IN ORDER TO CONSTRUCT PHASE 111 OF THE PUD, GENERALLY LOCATED ON THE NORTHEAST CORNER OF NORTHLAKE AND MACARTHUR BOULEVARDS (PARCEL 12.04), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41, 2001 thereby approving the Banyan Tree PUD, including site plan approval for Phase I of the PUD, a 40,900 square-foot office building (blood bank), and conceptual approvals for Phases II and Ill of the PUD; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-02- 02) for an amendment to the Banyan Tree PUD to allow the construction of Phase Ill of the PUD, which is comprised of two (2) office buildings totaling 24,700 square feet, a 2,780 square-foot bank, and a 5,000 square-foot restaurant building, generally located on the northeast corner of Northlake and MacArthur Boulevards on Parcel 12.04, as more particularly described in Exhibit “A” attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval of the petition; and WHEREAS, on January 28, 2003, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to the conditions stated herein; and WHEREAS, the City Council has determined that the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, that: SECTION I, The foregoing recitals are hereby affirmed and ratified. 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 39 40 41 42 43 44 45 0 As Amended and Approved by Council May 15,2003 Ordinance 11,2003 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the amendment to the Banyan Tree PUD to allow the construction of Phase Ill of the PUD, which is comprised of two (2) office buildings totaling 24,700 square feet, a 2,780 square-foot bank, and a 5,000 square-foot restaurant building on Parcel 12.04, as more particularly described in Exhibit “A attached hereto. SECTION 3. Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: 1. 2. 3. 4. 5. 6. 7. 8. 9. The applicant shall comply with all applicable conditions listed in Ordinance 41,2001. (Planning and Zoning) The awnings on the buildings in Phase Ill shall be one color (green). (Planning and Zoning) The applicant shall submit, within 30 days of approval of this petition, a separate application for an amendment to the Banyan Tree PUD in order to obtain approval of a signage program for Phase 111. (Planning and Zoning) The build-out date for this project is December 31, 2003, per Ordinance 50, 2002. (Planning and Zoning) Construction access for Phases I, II, and Ill shall only occur from Northlake Boulevard; no construction access shall be permitted from MacArthur Boulevard. (Planning and Zoning) The applicant shall comply with Crime Prevention Through Environmental Design (CPTED) guidelines in accordance with Ordinance 41, 2001. (Police) Prior to the issuance of the first building permit for Phase Ill, the applicant shall meet all of the City of Palm Beach Gardens’ and the South Florida Water Management District’s (SFWMD) drainage requirements. (City E ng i n ee r) Prior to the issuance of the first building permit for Phase 111, the applicant shall provide a vehicular pavement marking and signage plan to the City for review and approval by the City Engineer. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall sign a cross-parking agreement with the City in order to allow users of the Lake Catherine Sports Complex to park on the subject site during off- work hours and weekends at no cost to the City. (City Engineer) 2 01 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 10. 11. 12. 13. 14. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 15. 16. As Amended and Approved by Council May 15.2003 Ordinance 11,2003 Prior to the issuance of the first building permit for Phase Ill, the applicant shall replat Phase Ill of the Banyan Tree PUD to incorporate all proposed easements and provide limited access easements along Northlake Boulevard and MacArthur Boulevard. (City Engineer) Prior to the issuance of the first Certificate of Occupancy for Phase 111, the applicant shall construct a drainage pipe system and fill the existing ditch along the north property line to accommodate pass-through drainage from MacArthur Boulevard. A sufficient easement for the drainage pipe shall be provided in favor of the City, and the drainage easement dedication shall be reviewed and approved by the City on the replat. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall provide to the City proof of the abandonment of the gas regulator easement. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall provide a letter of authorization from FP&L allowing the applicant to pave and landscape within the FP&L easement and to eliminate the anchor and anchor easement. (City Engineer) Within six (6) months of the issuance of the first clearing permit for Phase Ill, the applicant shall install the landscaping, irrigation, hardscape, and lighting within the entire median and all of the northern roadway shoulder of Northlake Boulevard between the eastern and western termini of the property based on the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002. Upon completion, the City shall reimburse the applicant for one-half (112) of the cost of said improvements within said median. (City Forester) In the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Northlake Boulevard, then the applicant, successors, and 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. In the event a special district is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way enhancements. (City Forester) The landscape plan for the portion of MacArthur Boulevard between Northlake Boulevard and the northern terminus of the subject property shall be submitted by the applicant and approved by the City Staff simultaneously with the construction plan for the road improvements thereon, (City Forest e r) 3 . As Amended and Approved by Council May 15,2003 Ordinance 11,2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 17. Prior to the issuance of the first building permit for Phase Ill, the applicant shall replat Phase Ill to include the dedication of right-of-way for the MacArthur Boulevard improvements (as approved by the City), limited access easements, utility easements, etc. (City Engineer) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 18. The property owners for Phases II & Ill shall construct the MacArthur Boulevard improvements (landscaping, irrigation, hardscape, lighting, median drainage, traffic calming measures, and right-of-way dedication), as approved by the City, within the MacArthur Boulevard right-of-way between Northlake Boulevard and the northern terminus of the property. The construction of the roadway improvements shall commence within six (6) months of this approval. (City Engineer and Planning and Zoning) 19. Prior to the issuance of the first building permit for Phase Ill, the applicant shall work with the City Engineer and City Staff to complete the detailed design of the required MacArthur Boulevard improvements and upon completion, submit a final site plan for review and approval by the Growth Management Department. (City Engineer and Planning and Zoning) 20. The City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned MacArthur Boulevard right-of-way enhancements. (City Forester) Prior to the issuance of the first building permit for Phase Ill, the applicant shall pay the required 1% of construction cost towards Art in Public Places for the building project or provide art in public places on the site equal to the cumulative construction value, should the aggregate cost of the project exceed the $1,000,000.00 threshold for construction value. If the applicant chooses to provide the art on site, the applicant shall be required to install the approved art on site, as approved by the Art Advisory Committee and City Council, prior to issuance of the first Certificate of Occupancy for Phase Ill. (Planning and Zoning) 21. 22. Prior to the issuance of the first Certificate of Occupancy for Phase Ill, the applicant shall dedicate the required right-of-way and construct westbound right-turn lanes at both the project’s Northlake Boulevard entrance and the MacArthur Boulevard/Northlake Boulevard intersection as approved by Palm Beach County, the City Forester, and the City Engineer. The right-of- way shall be dedicated to and maintained by Palm Beach County. (City Engineer) 23. Within thirty (30) days of the effective date hereof, the applicant shall submit revised site and landscape plans to reflect the westbound right-turn lanes at both the project’s Northlake Boulevard entrance and the MacArthur 4 I - 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 24. As Amended and Approved by Council May 15,2003 Ordinance 11,2003 Boulevard/Northlake Boulevard intersection as approved by Palm Beach County, the City Forester, and the City Engineer. (Planning and Zoning) The applicant shall comply with Section 78-324 of the City’s Land Development Regulations, Roadway Beautification Plan, which requires the applicant to maintain the landscaping on the rights-of-way adjacent to Phase 111. (City Forester) SECTION 4. Condition No. 19 of Ordinance 41, 2001, is hereby amended to read as follows: 19. The applicant, successors or assigns shall submit a revised traffic analyseis with the submission of the development application for Phases 2 &. The traffic analysis for Phase 2 shall show the exit from the site onto MacArthur Boulevard as a right-out only. Subsequent amendments to the PUD to include Phases 2 i)Ftfl 3 shall reflect #e6e said access points as described above. (Planning and Zoning ) SECTION 5. The following waiver is hereby granted with this approval: 1. Section 78-1 57(h)(7) of the City’s Land Development Regulations (LDR), which requires all applications for mixed use planned unit development districts (MXD), or amendments thereto, to submit a signage program, to allow for approval of the subject petition without the submission of a signage program at this time. SECTION 6. All development for Phase Ill of the PUD shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. Sheet SP-1: Site Development Plan, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on April 14, 2003, and received and stamped by the Planning and Zoning Division on April 25, 2003. Sheet SP-2: Site Development Details, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on January 15, 2003, and received and stamped by the Planning and Zoning Division on April 25, 2003. Sheet L-1 : Landscape Development Plan, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on April 14, 2003, and received and stamped by the Planning and Zoning Division on April 25, 2003. 5 As Amended and Approved by Council May 15,2003 Ordinance 11,2003 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 39 40 41 42 43 44 45 17" 4. 5. 6. 7. 8. 9. 10. Sheet L-2: Landscape Specification Sheet, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., last revised on April 14, 2003, and received and stamped by the Planning and Zoning Division on April 25, 2003. Sheets A-I and A-2: Bank Building Elevations, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheet A-3: Bank Building Floor Plan, prepared by Tektonica, dated January 16, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheet A-1 : Office Buildings Elevations, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheets A-2 and A-3: Office Buildings Floor Plan, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheet A-I: Restaurant Building Floor Plan, prepared by Tektonica, dated October 10, 2002, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheets A-2 and A-3: Restaurant Building Elevations, prepared by Tektonica, dated January 16, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. SECTION 7. This approval expressly incorporates and is contingent upon representations made by the applicant or applicant's agents at all workshops and public hearings pertaining to this project. SECTION 8. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) I 6 - 0' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 Date Prepared: April 23.2003 Ordinance 11,2003 PASSED this lo5% day of $&&I , 2003, upon first reading. PASSED AND ADOPTED this /fl day of fl% ,2003, upon second and final reading. C ~CH OF GARDENS FOR AGAINST ABSENT BY: d" Annie Marie Delgado, Councilmember APPROVED ASTO FORM AND LEGAL S U F FlCl EN CY BY: Christine P. Tatum, City Attorney 7 Date Prepared: April 23,2003 Ordinance 11.2003 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 12.04 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE ‘!A) of said Section 18, lying Westerly of the West right of way line of the C-17 Canal; lying Southerly of the South line of that certain parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right of way line of Northlake Boulevard. I Date Prepared: June 25,2003 Revised for Second Reading: August 5,2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE 17,2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) IN ORDER TO ALLOW MODIFICATIONS TO THE PREVIOUSLY APPROVED MASTER PLAN FOR THE PUD AND TO ALLOW AN GENERALLY LOCATED ON BOTH THE NORTHEAST AND NORTHWEST CORNERS OF NORTHLAKE AND MACARTHUR BOULEVARDS (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING CONDITION NO. 21 OF ORDINANCE 41, 2001 AND CONDITION NO. 4 OF ORDINANCE 11, 2003; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. EXTENSION TO THE BUILD-OUT DATE FOR THE PUD, WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41, 2001 thereby approving the Banyan Tree PUD Master Plan, including site plan approval for Phase I of the PUD, a 40,900 square-foot office building (blood bank), and conceptual approvals for Phases II and Ill of the PUD; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-03- 03) for an amendment to the Banyan Tree PUD, generally located on both the northeast and northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and 12.05), as more particularly described herein, to allow for modifications to the previously approved Master Plan; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval of the petition; and WHEREAS, on May 13, 2003, the City’s Planning and Zoning Commission held a public hearing and recommended approval of the amendment with the conditions stated herein; and WHEREAS, the City Engineer received an application to extend the build-out date for the Banyan Tree PUD, previously established in Ordinance 41, 2001 and restated in Ordinance 11, 2003, from December 31, 2003, to December 31,2006; and Date Prepared: June 25,2003 Revised for Second Reading: August 5,2003 Ordinance 17.2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 046 WHEREAS, the City Engineer and City's Traffic Consultant have indicated that the request for a time extension meets the City of Palm Beach Gardens Traffic Performance Standards and have no objections to extending the build-out date of the Banyan Tree PUD to December 31 , 2006. WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The application for modification to the previously approved Master Plan and extension of the build-out date for the following described property is hereby approved : LEGAL DESCRIPTION: PARCEL 12.04 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE 'A) OF SAID SECTION 18, LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 6377, AT PAGE 310; LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 4418, PAGE 788, AND LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD. WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE C-17 CANAL; LYING PARCEL 12.05 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE 'A) OF SAID SECTION 18, LYING WESTERLY OF THE WEST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY GARDENS BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43; LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND 2 Date Prepared: June 25.2003 Revised for Second Reading: August 5, 2003 Ordinance 17,2003 01 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 45 046 DESCRIBED IN OFFICIAL RECORDS BOOK 6356, AT PAGE 1768; AND LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD. SECTION 3. Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: 1. 2. 3. 4. 5. - 6. The applicant shall comply with all applicable conditions listed in Ordinance 41 , 2001. (Planning and Zoning) The build-out date for this project is December 31, 2006. (Planning and Zoning ) Within 60 days of the effective date hereof, the applicant shall apply for a permit from Palm Beach County to install the landscaping, irrigation, hardscape, and lighting within the entire median and all of the northern roadway shoulder of Northlake Boulevard between the eastern and western termini of Phases I and II based on the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002. Said improvements shall be completed within six (6) months of the issuance of said permit by the County. Upon completion, the City shall reimburse the applicant for one-half (1/2) of the cost of said improvements within said median. (City Forester) In the event that the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of Northlake Boulevard, the applicant, successors, and 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. In the event a special district is not created, the applicant, successors, or assigns shall be responsible for payment of their annual fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way enhancements. (City Forester) w Prior to the effective date hereof, the applicant shall dedicate the riqht-of- wav for the MacArthur Boulevard imwovements (as approved bv the Citv). lCitv Engineer) Within 10 days of the effective date hereof, the applicant, successors, or assigns shall submit a replat of Phases I and II indicatinq all encumbrances, limited access easements, etc., on site for review and apwoval bv the Citv. /Citv Enqineer) 3 Date Prepared: June 25.2003 Revised for Second Reading: August 5,2003 Ordinance 17,2003 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 39 40 41. 42 43 44 45 - 7. Within 90 days of the effective date hereof, the applicant, successors, or assiqns shall complete the replat of Phases I and II. and the plat shall be recorded in the Public Records of Palm Beach County. (City Enqineer] &a Prior to site plan approval by the City Council for Phase II, the property owner for Phase II shall reimburse the City for one-half (1/2) of the cost of the MacArthur Boulevard improvements (landscaping, irrigation, hardscape, lighting, median drainage, traffic calming measures, and right-of-way dedication), as approved by the City, within the MacArthur Boulevard right- of-way between Northlake Boulevard and the northern terminus of the property, along with interest in accordance with Florida Statutes. The property owner for Phase II shall have input and participation in the determination of cost and contract letting for said improvements. (City Engineer and Planning and Zoning) 7& The applicant, successors, or assigns shall be responsible for payment of their annual fair share of the maintenance of the aforementioned MacArthur Boulevard right-of-way enhancements. (City Forester) .. cf tkc s- of I, !,!le Within 30 days of the effective date hereof, the applicant shall submit to the City a Self-Executinq Cash Escrow Letter, signed by the President of the South Florida Blood Bank, Inc., which requires the applicant to pay to the City a sum of $38,000.00 (which constitutes 1% of the construction cost of the Blood Bank) within 120 days from the effective date hereof, should the applicant fail to install art in public places on Phase I, as approved by the Art Advisorv Committee and City Council, within 120 days of the effective date hereof. (Planninq and Zoninq) &=Prior to the issuance of any additional building permits for Phases I and II, the applicant shall provide a vehicular pavement marking and signage plan to the City for review and approval by the City Engineer. (City Engineer) %%The applicant shall comply with Section 78-324 of the City’s Land Development Regulations, Roadway Beautification Plan, which requires the applicant to maintain the landscaping on the rights-of-way adjacent to Phases I and II. (City Forester) 4 . . ._ Date Prepared: June 25,2003 Revised for Second Reading: August 5,2003 Ordinance 17,2003 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 %&Prior to the issuance of the first Certificate of Occupancy for Phase I, or prior to the issuance of the first building permit for Phase II, whichever occurs first, the applicant shall complete the construction of the eight (8) foot screen wall located along the northern and a portion of the western property lines. (Planning and Zoning) ==Prior the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an exclusive westbound right-turn lane at the access driveway into Phases I and II along Northlake Boulevard. (City Engineer) &=Prior the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an exclusive northbound left-turn lane at the access driveway into Phases I and II along MacArthur Boulevard (City Engineer) SECTION 4. Condition No. 2 and Condition No. 21 of Ordinance 41, 2001 shall be amended to read as follows: 2. ?rii .. 21. The build-out date for this project is December 31, 2006. 2%Q?-w 6 (Planning & Zoning) SECTION 5. Condition No. 4 of Ordinance I I , 2003 shall be amended to read as follows: 4. The build-out date for this project is December 31, 2006. 2OW--pw E;n “VI (Planning and Zoning) SECTION 6. The following waivers are hereby granted with this approval: 1 Section 78-285 of the City’s Land Development Regulations (LDR’s), Permitted Signs - to allow for a total of five (5) ground signs within the Banyan Tree PUD. 2. Section 78-285 of the City’s Land Development Regulations (LDR’s), Permitted Signs - to allow for two (2) ground signs which are approximately six (6) feet in height and 52 feet in width. 5 01 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 41 42 43 44 45 : 40 Date Prepared: June 25.2003 Revised for Second Reading: August 5,2003 Ordinance 17.2003 SECTION 7. All development for Phases I and II of the PUD shall be in compliance with the following plans on file with the City’s Growth Management Department: I. Sheet 01 : Site Development Plan, prepared by Jeffrey A. Ornstein, P.A., last revised on June 24, 2003, and received and stamped by the City on June 24,2003. 2. Sheet Olx: Entry Wall Details, prepared by Jeffrey A. Ornstein, P.A., last revised on May 28,2003, and received and stamped by the City on May 30, 2003. 3. Sheet L-I : Landscape Development Plan, prepared by Gentile, Holloway, O’Mahoney 81 Associates, Inc., last revised on May 22, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. 4. Sheet L-3: Entry Landscape Plan, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., dated March 20, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. SECTION 8. This approval expressly incorporates and is contingent upon representations made by the applicant’s agents at all workshops and public hearings pertaining to this project. SECTION 9. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 6 @ Ordinance 17, 2003 01 PASSED this l7p day of %w , 2003, upon first reading. 2 3 PASSED AND ADOPTED this f8nk day of evv\r8* ,2003, upon 4 second and final reading. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e: 25 26 27 28 - 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BEACH GARDENS BY: FOR I/ W / / J J / Xnnv Marie DelGas($ouncilmember AGAINST ABSENT ATT 4 ST: PatriciaSfiider, City aerk APPROVED AS TO FORM AND LEGAL SUFFl Cl ENCY BY: G:\attorney-share\ORDlNANCES\Ordinance 17 2003-REVISED FOR SECOND READING 8-21 -03.doc 7 .. Date Prepared: March 10,2004 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 ORDINANCE 10, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 41, 2001 AND ORDINANCE 11,2003 RELATING TO THE ZONING FOR THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER THE SITE PLAN APPROVAL AND RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2002, the City Council approved Ordinance 41, 2001 , thereby approving the Banyan Tree Planned Unit Development (PUD), including site plan approval for Phase I of the PUD, a 40,900 square-foot office building (blood bank), and conceptual approvals for Phases II and Ill of the PUD; and WHEREAS, on May 15, 2003, the City Council approved Ordinance 11 , 2003, thereby approving the site plan for Phase Ill of the PUD, which included two (2) office buildings totaling 24,700 square feet, a 2,780 square-foot bank, and a 5,000 square-foot restaurant; and WHEREAS, on September 18, 2003, the City Council approved Ordinance 17, 2003, thereby approving modifications to the previously approved Master Plan and extending the build out date; and WHEREAS, the City has received a request (PUD-03-06) from Mr. Troy Holloway of Gentile Holloway O’Mahoney & Associates, Inc., on behalf of James Helm of Sundown Development, for approval of an amendment to Phase Ill of the Banyan Tree Planned Unit Development (PUD) for approval of a signage program for the site; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to a separate Resolution of the City Council; and WHEREAS, said PUD amendment petition was reviewed by the Planning and Zoning Commission on October 28, 2003, and recommended its approval by a vote of 4-3: and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: March 10,2004 Ordinance 10,2004 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 1 of Ordinance 41, 2001 is amended to read: The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of Parcels 12.04 and 12.05 to a PUD /Planned Unit Development) described as follows: LEGAL DESCRIPTION: PARCEL 12.04 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 6377, AT PAGE 310; LYING EASTERLY OF THE EAST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 4418, PAGE 788, AND LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD. WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE C-17 CANAL; LYING PARCEL 12.05 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, LYING WESTERLY OF THE WEST RIGHT OF WAY LINE .OF MACARTHUR BOULEVARD, FORMERLY GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43, LYING SOUTHERLY OF THE SOUTH LINE OF OF THAT CERTAIN PARCEL OF LAND DESCRIBED OFFICIAL RECORDS BOOK 6356, PAGE 1768; AND LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD. 2 2 3 4 5 6 7 8 9 10 11 12 Date Prepared: March IO, 2004 Ordinance 10,2004 SECTION 3. Sections 3 through 6 inclusive of Ordinance 11, 2003, as previously amended by Ordinance 17, 2003, are hereby transferred to Resolution 75, 2004. The remaining sections of Ordinance 11, 2003 shall be renumbered accordingly. Any future amendments to the development plans andlor conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. PASSED this /p day of f)P& ,2004, upon first reading. PASSED AND ADOPTED this Abw day of ,2004, upon second 13 and final reading. 14 15 16 17 18 19 20 21 a 24 25 26 27 28 29 30 31 32 33 34 35 CITY OFHttbWEACH GARDENS Ande Marie belgadc g/o)llf;cilmember David Levy, Councilmember BY: Patricia Snlder, City Cle 36 37 38 LEGAL SUFFICIENCY 39 APPROVED AS TO FORM AND FOR J J / J J 42 43 44 Chisthe P. Tatum, City Attorney \\pbgsfile\Attorney\attorney_share\ORDINANCES\banyan tree amendment - ord 10 2004.d~ 3 AGAINST ABSENT RESOLUTION 75,2004 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 39 40 41 42 43 44 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THEDEVELOPMENTPLANSFORTHEBANYANTREEPLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE NORTHEAST AND NORTHWEST CORNERS OF THE INTERSECTION OF MACARTHUR AND NORTHLAKE BOULEVARDS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ADDITIONAL WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2002, the City Council approved Ordinance 41, 2001 , thereby approving the Banyan Tree Planned Unit Development (PUD), including site plan approval for Phase I of the PUD, consisting of a 40,900 square-foot office building (blood bank), and conceptual approvals for Phases II and 111 of the PUD; and WHEREAS, on May 15, 2003, the City Council approved Ordinance 11 , 2003, thereby approving the site plan for Phase Ill of the PUD, which included two (2) office buildings totaling 24,700 square feet, a 2,780 square-foot bank, and a 5,000 square-foot restaurant; and WHEREAS, on September 18, 2003, the City Council approved Ordinance 17, 2003, thereby approving modifications to the previously approved Master Plan for Phases I and II and extending the build-out date for the entire PUD; and WHEREAS, the City has received a request (PUD-03-06) from Mr. Troy Holloway of Gentile Holloway O’Mahoney & Associates, Inc., on behalf of James Helm of Sundown Development, for approval of an amendment to Phase Ill of the Banyan Tree Planned Unit Development (PUD) for approval of a signage program for the site; 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 approval; and WHEREAS, said PUD amendment petition was reviewed by the Planning and Zoning Commission on October 28, 2003, and recommended its approval by a vote of 4-3; 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 __ - 01 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: March 11,2004 Resolution 75.2004 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended development plans for the Banyan Tree Planned Unit Development are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PARCEL 12.04 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 6377, AT PAGE 310; LYING EASTERLY GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 4418, PAGE 788, AND LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF THE C-17 CANAL; LYING OF THE EAST RIGHT-OF-WAY LINE OF MACARTHUR BOULEVARD, FORMERLY NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD. PARCEL 12.05 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, LYING WESTERLY OF THE WEST RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, FORMERLY GARDENS BOULEVARD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43, LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED OFFICIAL RECORDS BOOK 6356, PAGE 1768; AND LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF NORTHLAKE BOULEVARD. 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 39 40 41 42 43 44 45 Date Prepared: March 11,2004 Resolution 75,2004 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following three waivers: 1. 2. 3. 4. 5. 6. 7. Section 78-285 of the City’s Land Development Regulations (LDRs) and Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines that limit the number of ground signs to three (3) for 2,101 linear feet of public road right-of-way frontage, to allow for a fourth ground sign on the site. Section 78-508(b) of the City’s Land Development Regulations (LDRs) that requires a 150-foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 1 10 feet. Section 6-2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits the height of a building to 55 feet, to permit a maximum building height of 58 feet. Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that requires a flat wall sign to be located at the first floor level, to allow for one (1) flat wall sign immediately below the fourth floor roof line. Section 78-1 57(h)(7) of the City’s Land Development Regulations (LDRs), which requires all applications for mixed use planned unit development districts (MXD), or amendments thereto, to submit a signage program, to allow for approval of the subject petition without the submission of a signage program at this time. Section 78-285 of the City’s Land Development Regulations (LDRs), Permitted signs - to allow for a total of five (5) ground signs within the Banyan Tree PUD. Section 78-285 of the City’s Land Development Regulations (LDRs), Permitted Signs - to allow for two (2) ground signs which are approximately six (6) feet in height and 52 feet in width. 8. Section 78-285 of the Citv’s Land Development Regulations (LDRs), Permitted Siqns, to allow for a around siqn with a solid base of 18 inches in height without sign cow alonq MacArthur Boulevard. 9. Section 78-285 of the Citv’s Land Development Requlations (LDRs), Permitted Signs, to allow for one (1) additional wall sign for the bank building for a total of two (2) wall siqns. IO. Section 78-229 of the Citv’s Land Development Requlations (LDRsl, Signage and Outdoor Displavs, to allow for one (1) site identification siqn and two (2) tenant siqns on the around siqn alona Northlake Boulevard. 3 .. . . _. . - . . . . . - ... . . ... ___- Date Prepared: March 11,2004 Resolution 75.2004 SECTION 4. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or 01 2 3 assigns: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1. 2. 3. 4. 5. 6. 7. 8. 9. .. A4 3 9.- Prior the issuance of the first building permit for Phase I, the applicant shall meet all of South Florida Water Management District’s (SFVVMD) requirements, which includes the certification of the Lake Catherine project, and submit to the City a SFWMD permit or a letter of approval for the Blood Bank’s surface water management system. The SFWMD approval shall include approval of the water quality, site storage calculations (shall be consistent with the assumption made for the Lake Catherine permit issued in 1990), and stormwater discharge requirements. (City Engineering) Construction access for Phases I, II, and Ill shall only occur from Northlake Boulevard; no construction access shall be permitted from MacArthur Boulevard. (Code Enforcement) The applicant shall work with the City to address the MacArthur Boulevard right-of-way drainage during the development of Phases II and Ill of the PUD. All lighting shall be metal halide. (Police) Landscaping (including long-term tree growth) shall not conflict with lighting. (Police) The rear door shall be equipped with a peephole viewer. (Police) All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) All strike areas of perimeter doors shall be equipped with a reinforced, case- hardened strike plate. (Police) Glass perimeter doors shall be equipped with case-hardened guard rings to protect the mortise lock cylinder. (Police) 41 10. A timer clock or photocell sensor engaging lighting above or near 42 43 44 11. The building shall have an alarm system. (Police) 45 entrywaydexits shall be provided. (Police) 4 Date Prepared: March 11,2004 Resolution 75.2004 2 3 4 5 6 7 8 9 10 I1 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 12. Numerical addresses on site shall be illuminated for nighttime visibility and shall have bi-directional visibility from the roadway. (Police) 13. The awnings on the Blood Bank building in Phase I shall be one color (green). (Planning & Zoning) 14. The sidewalk along Northlake Boulevard for Phases II and Ill of the PUD shall continue the meandering path that was established in Phase I. (Planning & Zoning) 15. The sidewalk and the right-turn lane along Northlake Boulevard into Phases I and II shall be constructed with Phase I. (City Engineering) 16. The architecture for Phases II and Ill shall contain compatible treatments, styles, materials, and colors as those approved in Phase I, including vertical elements such as towers or design elements, smooth and textured painted stucco surfaces, cement tile roofing, multi-paned windows of mixed design (flat head and arched heads), dormer windows or other similar treatments, railings, louvered shutters, awnings, and entry porticos and building interconnections. (Planning & Zoning) 17. The site layout for Phases II and Ill shall reflect and respect the uniqueness of the Banyan Tree in the MacArthur Boulevard median by employing best urban design and site planning techniques that emphasize the urban space, pedestrian quality, and city entryway feature. The design of Phases II and Ill shall include, but not be limited to, the following principles: a. Appropriate spacing and location of buildings that adequately frame the open space in and around the Banyan Tree area. b. Sensitive building massing and bulk that do not overshadow the Banyan Tree. c. Proper symmetry of site design and architectural treatments for areas immediately adjacent to the Banyan Tree. d. Full integration of the Banyan Tree open space with the site design of Phases II and Ill oriented toward the Banyan Tree. This area is not appropriate for the location of excessive asphalt pavement, dumpsters, intrusive signage, and loading areas. e. Careful consideration may include, but is not limited to, street furniture, landscape enhancements, accent lighting, public art, and open space that enhance the pedestrian environment in and around the Banyan Tree. (Planning & Zoning) 5 Date Prepared: March 11,2004 Resolution 75,2004 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 02: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 18. 19. 20. 21. 22. 23. 24. 25. The applicant, successors, or assigns shall submit a revised traffic analysis with the submission of the development applications for Phases II and Ill. The traffic analysis for Phase II shall show the exit from the site onto MacArthur Boulevard as a right-out only. The traffic analysis for Phase Ill shall show the exit from the site onto MacArthur Boulevard as a left-out only; alternatively, this access point may be shown as an ingress only to the site (no egress). Subsequent amendments to the PUD to include Phases II and Ill shall reflect said access points as described above. (Planning & Zoning) Phase 1 of the PUD shall be limited to no more than 41, 000 square feet of office space (without a bank) and Phase II shall be limited to 38,500 square feet of retail space, as referenced in the August 21, 2001, Traffic Equivalency Statement prepared by Yvonne Ziel Traffic Consultants, Inc. Phase Ill shall be limited to 27,000 square feet of retail use and 25,000 square feet of office use, as referenced in the April 19, 2001, Traffic Impact Analysis (Parcel 12.04) prepared by Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in the future through amended traffic analyses or traffic equivalencies prepared by the applicant, successors, or assigns and approved by the City. (Planning & Zoning) The build-out date for this project is December 31, 2006. (Planning & Zoning) The awnings on the buildings in Phase Ill shall be one color (green). (Planning & Zoning) The applicant shall submit, by June 15, 2003, a separate application for an amendment to the Banyan Tree PUD in order to obtain approval of a signage program for Phase Ill. (Planning and Zoning) The applicant shall comply with Crime Prevention Through Environmental Design (CPTED) guidelines in accordance with Ordinance 41 , 2001. (Police) Prior to the issuance of the first building permit for Phase Ill, the applicant shall meet all of the City of Palm Beach Gardens' and the South Florida Water Management District's (SFWMD) drainage requirements. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall provide a vehicular pavement marking and signage plan to the City for review and approval by the City Engineer. (City Engineer) 6 Date Prepared: March 11,2004 Resolution 75.2004 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 39 40 41 42 43 44 45 26. 27. 28. 29. 30. 31. 32. Prior to the issuance of the first building permit for Phase 111, the applicant shall sign a cross-parking agreement with the City in order to allow users of the Lake Catherine Sports Complex to park on the subject site during off work hours and weekends at no cost to the City. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall replat Phase 3 of the Banyan Tree PUD to incorporate all proposed easements and provide limited access easements along Northlake Boulevard and MacArthur Boulevard. (City Engineer) Prior to the issuance of the first Certificate of Occupancy for Phase Ill, the applicant shall construct a drainage pipe system and fill the existing ditch along the north property line to accommodate pass-through drainage from MacArthur Boulevard. A sufficient easement for the drainage pipe shall be provided in favor of the City, and the drainage easement dedication shall be reviewed and approved by the City on the replat. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall provide to the City proof of the abandonment of the gas regulator easement. (City Engineer) Prior to the issuance of the first building permit for Phase Ill, the applicant shall provide a letter of authorization from FP&L allowing the applicant to pave and landscape within the FP&L easement and to eliminate the anchor and anchor easement. (City Engineer) Within six (6) months of the issuance of the first clearing permit for Phase Ill, the applicant shall install the landscaping, irrigation, hardscape, and lighting within the entire median and all of the northern roadway shoulder of Northlake Boulevard between the eastern and western termini of the property based on the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002. Upon completion, the City shall reimburse the applicant for one-half (1/2) of the cost of said improvements within said median. (City Forester) In the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Northlake Boulevard, then the applicant, successors, and 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. In the event a special district is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way enhancements. (City Forester) p" 7 Date Prepared: March 1 1,2004 Resolution 75,2004 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~ 33. The landscape plan for the portion of MacArthur Boulevard between Northlake Boulevard and the northern terminus of the subject property shall be submitted by the applicant and approved by the City Staff simultaneously with the construction plan for the road improvements thereon. (City Forester) 34. Prior to the issuance of the first building permit for Phase 111, the applicant shall replat Phase Ill to include the dedication of right-of-way for the MacArthur Boulevard improvements (as approved by the City), limited access easements, utility easements, etc. (City Engineer) 35. The property owners for Phases II and Ill shall construct the MacArthur Boulevard improvements (landscaping, irrigation, hardscape, lighting, median drainage, traffic calming measures, and right-of-way dedication), as approved by the City, within the MacArthur Boulevard right-of-way between Northlake Boulevard and the northern terminus of the property. The construction of the roadway improvements shall commence within six (6) months of this approval. (City Engineer and Planning & Zoning) 36. Prior to the issuance of the first building permit for Phase Ill, the applicant shall work with the City Engineer and City Staff to complete the detailed design of the required MacArthur Boulevard improvements and upon completion, submit a final site plan for review and approval by the Growth Management Department. (City Engineer and Planning & Zoning) 37. The City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned MacArthur Boulevard right-of-way enhancements. (City Forester) 38. Prior to the issuance of the first building permit for Phase 111, the applicant shall pay the required 1% of construction cost towards Art in Public Places for the building project, or provide art in public places on the site equal to the cumulative construction value should the aggregate cost of the project exceed the $1,000,000.00 threshold for construction value. If the applicant chooses to provide the art on site, the applicant shall be required to install the approved art on site, as approved by the Art Advisory Committee and City Council, prior to issuance of the first Certificate of Occupancy for Phase Ill. (Planning & Zoning) 8 .1 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 39. 40. 41. 42. 43. 44. Date Prepared: March 11,2004 Resolution 75.2004 Prior to the issuance of the first Certificate of Occupancy for Phase 111, the applicant shall dedicate the required right-of-way and construct westbound right-turn lanes at both the project’s Northlake Boulevard entrance and the MacArthur Boulevard/Northlake Boulevard intersection as approved by Palm Beach County, the City Forester, and the City Engineer. The right-of- way shall be dedicated to and maintained by Palm Beach County. (City Engineer) By June 15, 2003, the applicant shall submit revised site and landscape plans for Phase Ill to reflect the westbound right-turn lanes at both the project’s Northlake Boulevard entrance and the MacArthur Boulevard/Northlake Boulevard intersection as approved by Palm Beach County, the City Forester, and the City Engineer. (Planning & Zoning) The applicant shall comply with Section 78-324 of the City’s Land Development Regulations, Roadway Beautification Plan, which requires the applicant to maintain the landscaping on the rights-of-way adjacent to Phase Ill. (City Forester) By November 18, 2003, the applicant shall apply for a permit from Palm Beach County to install the landscaping, irrigation, hardscape, and lighting for Phases I and II within the entire median and all of the northern roadway shoulder of Northlake Boulevard between the eastern and western termini of Phases I and It based on the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002. Said improvements shall be completed within six (6) months of the issuance of said permit by the County. Upon completion, the City shall reimburse the applicant for one-half (1/2) of the cost of said improvements within said median. (City Forester) In the event that the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of Northlake Boulevard, the applicant, successors, and 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. In the event a special district is not created, the applicant, successors, or assigns shall be responsible for payment of their annual fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way enhancements. (City Forester) Prior to September 18, 2003, the applicant shall dedicate the right-of-way for the MacArthur Boulevard improvements (as approved by the City) for Phases I and II. (City Engineer) 9 - . .. __ . . . .I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 45. 46. 47. 40. 49. 50. 51. 52. Date Prepared: March 11,2004 Resolution 75,2004 By September 28, 2003, the applicant, successors, or assigns shall submit a replat of Phases I and II indicating all encumbrances, limited access easements, etc., on site for review and approval by the City. (City Engineer) By December 18, 2003, the applicant, successors, or assigns shall complete the replat of Phases I and II, and the plat shall be recorded in the Public Records of Palm Beach County. (City Engineer) Prior to site plan approval by the City Council for Phase II, the property owner for Phase II shall reimburse the City for one-half (1/2) of the cost of the MacArthur Boulevard improvements (landscaping, irrigation, hardscape, lighting, median drainage, traffic calming measures, and right-of-way dedication), as approved by the City, within the MacArthur Boulevard right- of-way between Northlake Boulevard and the northern terminus of the property, along with interest in accordance with Florida Statutes. The property owner for Phase II shall have input and participation in the determination of cost and contract letting for said improvements. (City Engineer and Planning & Zoning) The applicant, successors, or assigns shall be responsible for payment of their annual fair share of the maintenance of the aforementioned MacArthur Boulevard right-of-way enhancements. (City Forester) By October 18, 2003, for Phases I and II the applicant shall submit to the City a Self-Executing Cash Escrow Letter, signed by the President of the South Florida Blood Bank, Inc., which requires the applicant to pay to the City a sum of $38,000.00 (which constitutes 1% of the construction cost of the Blood Bank) by January 18, 2004, should the applicant fail to install art in public places on Phase I, as approved by the Art Advisory Committee and City Council, by January 18, 2004. (Planning & Zoning) Prior to the issuance of any additional building permits for Phases I and II, the applicant shall provide a vehicular pavement marking and signage plan to the City for review and approval by the City Engineer. (City Engineer) The applicant shall comply with Section 78-324 of the City’s Land Development Regulations, Roadway Beautification Plan, which requires the applicant to maintain the landscaping on the rights-of-way adjacent to Phases I and II. (City Forester) Prior to the issuance of the first Certificate of Occupancy for Phase 1, or prior to the issuance of the first building permit for Phase II, whichever occurs first, the applicant shall complete the construction of the eight (8) foot screen wall located along the northern and a portion of the western property lines. (Planning and Zoning) 10 Date Prepared: March 1 I, 2004 Resolution 75,2004 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 39 40 41 42 43 44 45 53. Prior to the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an exclusive westbound right-turn lane at the access driveway into Phases I and II along Northlake Boulevard. (City Engineer) 54. Prior to the issuance of the first Certificate of Occupancy for Phase I, the applicant shall construct an exclusive northbound left-turn lane at the access driveway into Phases I and II along MacArthur Boulevard. (City Engineer) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. Master PUD Plan by Jeffrey A. Ornstein, P.A. and date stamped October 24,2001, into the Planning and Zoning Division, sheet 01. Site Plan by Jeffrey A. Ornstein, P.A. and date stamped October 24, 2001, into the Planning and Zoning Division, sheet 1. Detail Sheet by Jeffrey A. Ornstein, P.A. and date stamped October 2, 2001, into the Planning and Zoning Division, sheet la. First Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped September 12, 2001, into the Planning and Zoning Division, sheet 2. Second Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped August 24, 2001, into the Planning and Zoning Division, sheet 3. Third Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped August 24, 2001, into the Planning and Zoning Division, sheet 4. Roof Plan by Jeffrey A. Ornstein, P.A. and date stamped August 24, 2001, into the Planning and Zoning Division, sheet 5. Transverse Section “A Plan by Jeffrey A. Ornstein, P.A. and date stamped August 24, 2001, into the Planning and Zoning Division, sheet 8. South and East Elevations by Jeffrey A. Ornstein, P.A. and date stamped October 24, 2001, into the Planning and Zoning Division, sheet 15. North and West Elevations by Jeffrey A. Ornstein, P.A. and date stamped October 24, 2001, into the Planning and Zoning Division, sheet 16. Landscape Development Plan by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped October 15, 2001, into the Planning and Zoning Division, sheet L-1. 11 Date Prepared: March 11,2004 Resolution 75.2004 .I 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 12. Landscape Specification Sheet by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped October 15, 2001, into the Planning and Zoning Division, sheet L-2. 13. Site Lighting Plan by Chane, Inc. and date stamped October 24, 2001 into the Planning and Zoning Division, sheet SLI. 14. Conceptual Irrigation Plan by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped August 24, 2001, into the Planning and Zoning Division, sheet IR-1. 15. Site Engineering Plan by Tom McCarthy and date stamped October 2, 2001 , into the Planning and Zoning Division, sheet 1 of 1. 16. Traffic impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, Inc. and dated April 19,2000. 17. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated April 24,2000. 18. Traffic Equivalency Statement (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated August 21 , 2001. 19. Sheet SP-1: Site Development Plan, prepared by Gentile Holloway O’Mahoney & Associates, Inc., last revised on February 27, 2004, and received and stamped by the Planning and Zoning Division on February 27, 2004. 20. Sheet SP-2: Site Development Details, prepared by Gentile Holloway O’Mahoney & Associates, Inc., last revised on March 3, 2004, and received and stamped by the Planning and Zoning Division on March 3, 2004. 21. Sheet L-1 : Landscape Development Plan, prepared by Gentile Holloway O’Mahoney & Associates, Inc., last revised on February 27, 2004, and received and stamped by the Planning and Zoning Division on February 27, 2004. 22. Sheet L-2: Landscape Specification Sheet, prepared by Gentile Holloway O’Mahoney & Associates, Inc., last revised on February 17, 2004, and received and stamped by the Planning and Zoning Division on February 27, 2004. 23. Sheets A-1 and A-2: Bank Building Elevations, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 24. 25. 26. 27. 28. 29. 30. 31. 32. Date Prepared: March 11,2004 Resolution 75,2004 Sheet A-3: Bank Building Floor Plan, prepared by Tektonica, dated January 16, 2003, and received and stamped by the Planning and Zoning Division on April 14,2003. Sheet A-1 : Office Buildings Elevations, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheets A-2 and A-3: Office Buildings Floor Plan, prepared by Tektonica, dated February 6, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheet A-1 : Restaurant Building Floor Plan, prepared by Tektonica, dated October IO, 2002, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheets A-2 and A-3: Restaurant Building Elevations, prepared by Tektonica, dated January 16, 2003, and received and stamped by the Planning and Zoning Division on April 14, 2003. Sheet 01: Site Development Plan, prepared by Jeffrey A. Ornstein, P.A., last revised on June 24, 2003, and received and stamped by the City on June 24,2003. Sheet Olx: Entry Wall Details, prepared by Jeffrey A. Ornstein, P.A., last revised on May 28, 2003, and received and stamped by the City on May 30, 2003. Sheet L-1 : Landscape Development Plan, prepared by Gentile Holloway O’Mahoney & Associates, Inc., last revised on May 22, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. Sheet L-3: Entry Landscape Plan, prepared by Gentile Holloway O’Mahoney & Associates, Inc., dated March 20, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. 33. Sheets SP-1: Site Signage Plan, prepared bv Gentile Hollowav O’Mahonev & Associates, Inc.. last revised on December 23, 2003, and received and stamped by the Planninq and Zoning Division on Februaw 19. 2004. 34. Sheet SP-2: Site Siqnaqe Details, prepared bv Gentile Hollowav O’Mahonev & Associates, Inc., last revised on March 11. 2004. and received and stamped by the Planninq and Zoninq Division on March 15, 2004. 13 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: March 11 2004 Resolution 75,2004 35. Sheet SP-3: Site Signage Details, prepared bv Gentile Hollowav O'Mahoney & Associates, Inc., last revised on December 23, 2003, and received and stamped bv the Planning and Zoninq Division on March 19. 2004. SECTION 6. All future amendments to the Banyan Tree Planned Unit Development shall be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by SECTION 8. This Resolution shall become effective immediately upon adoption. the applicant or applicant's agents at any workshop or public hearing. PASSED AND ADOPTED this do* day of flw ,2004. CITY OF- GARDENS, FLORIDA h BY: ATTEST: (J - - Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO / --- / COUNCILMEMBER CLARK --- / / COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- \\pbgsfile\Attorney\attomey-share\RESOLUTlONS\banyan tree phase 111 amendment - Reso 75 2004.doc 14 i IN SI’ON Plaza 333.3 Professional Centre (Banyan Tree PUD Phase 11) Requested Waivers Summa y (Revised 6/9/2006) The following is a listing of waivers that are requested for the project with a justification for each requested waiver following in italics typeface: 1. The applicant is requesting a waiver from LDR Sec. 78-228(j)(2)e. requiring 8- foot interior landscape islands within the parking areas. The applicant has revised the plans to meet the intent of the NBOZ regulations including the provision of Code-required landscape islands in the parking areas adjacent to and visiblefrom the Northlake Boulevard right-of-way. The only areas which do not meet this requirement, of which there are three (3) cases, are to the north of the proposed building and will not be visiblefrom the Northlake Boulevard right-of-way. The three (3) cases where the 8-foot islands cannot be provided still meet the standard Code-minimum offive (5) feet exclusive of curbing. Provision of the 8-foot landscape islands in this area will significantly impact the project plans by reducing the applicant’s ability to provide the minimum required number of parking spaces. Additionally, it should be noted that such landscape islands are not provided in the parking areas of Phase ZZZ of the project. The applicant respectfully requests a waiver from this requirement consistent with Section 78-2 2 807) (3). 2. The applicant is requesting a waiver from LDR Sec. 78-228(j)(3) requiring 8-foot landscape divider medians between rows of parking and between all parkinghehicular use areas. The applicant has provided landscape divider medians meeting the requirements of LDR Sec. 78-228(j)(3) in all areas of the parking lot adjacent to and visiblefrom the Northlake Boulevard right-of-way, meeting the intent of the NBOZ regulations. The only areas which do not meet the requirements of Sec. 78-223(j)(3), of which there are only three (3) instances, are to the north of the proposed building and will not be visible from Northlake Boulevard. ln lieu of providing divider medians in the north parking lot, the applicant is proposing to install tree diamonds in order to provide the required foliage Plaza 3333 Professional Centre Requested Waivers Summary June 2,2006 0 Page 2 throughout the parking area. Provision of the landscape divider medians in this area will significantly impact the project plans by reducing the applicant's ability to provide the minimum required number of parking spaces. Additionally, it should be noted that such divider medians are not provided in the parking areas of Phase Ill of the project. The applicant respectfully requests a waiver from this requirement consistent with Section 78-228(b)(3). 3. The applicant is requesting a waiver from LDR Sec. 78-228(1)(3)b. requiring foundation planting areas for buildings of two or more stories to be not less than 30% of the height of the adjacent wall. According to the latest architectural plans submitted for the project, the height of the main building walls (exclusive of ornamental towers) is approximately 42 feet. Thirty percent (30%) of the building wall height equals 12.6 feet. Pursuant to Sec. 78-227 (l)(l)b., the applicant need only provide foundation planting along 40% of each (applicable) side of the structure; a total of 233.6 feet. Rather, the applicant believes it would be more practical and appropriate to provide an even distribution of the required foundation planting. Therefore, the applicant has prepared plans depicting foundation plantings along nearly 82% of the perimeter of the building. This results in a reduction in the minimum width of the foundation landscaping area in some places and the average width of the foundation planting area is now 7.84 feet along 82% of the perimeter of the building rather than 12.6' along only 40% of the building perimeter. With the landscaped and hardscaped plaza area on the east side of the building included, the average width of foundation planting around the building is 13.25 feet which exceeds the 12.6-foot Code requirement. Using an average width allows the applicant to increase the amount of articulation in the footprint of the building (i.e. the building can have jogs in and out) and this methodology has been generally accepted within the City for other projects. Additionally, the applicant has provided an increased amount of landscape material within the foundation planting area and the proposed plant materials will exceed the minimum height required by the Land Development Regulations. The applicant respectfully requests a waiverfrom Sec. 78-228(1)(3)b. to allow for an even distribution of the required foundation planting which will permit the proposed Plaza 3333 Professional Centre Requested Waivers Summary June 2,2006 0 Page 3 articulation in the building footprint which has been designed to create architectural in teres t. 4. The applicant is requesting a waiver from LDR Sec. 78-285 which provides that only one principal tenant sign is permitted per building. The applicant is requesting one (I) additional principal building sign on the north side of the building. The purpose and importance of this sign is to identify the project to traffic entering the sitefrom the northern project entrance at MacArthur Boulevard so that the building is diferentiated from the Blood Bank property. Both buildings will share a monument sign at the MacArthur Boulevard entrance and therefore, the sign is required so that trafic can distinguish between the buildings. 5. The applicant is requesting a waiver from LDR Sec. 78-285 which provides that only one tenant sign is permitted per ground floor tenant bay. The applicant is requesting additional tenant signs to be located on the north side of the building that will mirror the text, appearance and location of the tenant signs located on the south building facade. These tenant signs will be important to identify tenant spaces within the building to vehicular and pedestrian traffic in the north parking lot. The applicant feels these signs are appropriate to avoid confusion in the parking lot and to allow site patrons who are within the north parking lot to identify their destination within the building. NS’I’ON Plaza 3333 Professional Centre (Banyan Tree PUD Phase 11) Requested Waivers Summa y (Revised 6/9/2006) The following is a listing of waivers that are requested for the project with a justification for each requested waiver following in italics typeface: 1. The applicant is requesting a waiver from LDR Sec. 78-228(j)(2)e. requiring 8- foot interior landscape islands within the parking areas. The applicant has revised the plans to meet the intent of the NBOZ regulations including the provision of Code-required landscape islands in the parking areas adjacent to and visiblefrom the Northlake Boulevard right-of-way. The only areas which do not meet this requirement, of which there are three (3) cases, are to the north of the proposed building and will not be visiblefvom the Northlake Boulevard right-of-way. The three (3) cases where the 8-foot islands cannot be provided still meet the standard Code-minimum of five (5) feet exclusive of curbing. Provision of the 8-foot landscape islands in this area will significantly impact the project plans by reducing the applicant’s ability to provide the minimum required number of parking spaces. Additionally, it should be noted that such landscape islands are not provided in the parking areas of Phase Ill of the project. The applicant respectfully requests a waiver from this requirement consistent with Section 78-228(b)(3). 2. The applicant is requesting a waiver from LDR Sec. 78-228(j)(3) requiring 8-foot landscape divider medians between rows of parking and between all parkinghehicular use areas. The applicant has provided landscape divider medians meeting the requirements of LDR Sec. 78-228(j)(3) in all areas of the parking lot adjacent to and visiblefrom the Northlake Boulevard right-of-way, meeting the intent of the NBOZ regulations. The only areas which do not meet the requirements of Sec. 78-223(j)(3), of which there are only three (3) instances, are to the north of the proposed building and will not be visible from Northlake Boulevard. In lieu of providing divider medians in the north parking lot, the applicant is proposing to install tree diamonds in order to provide the required foliage Plaza 3333 Professional Centre Requested Waivers Summary June 2,2006 0 Page 2 throughout the parking area. Provision of the landscape divider medians in this area will significantly impact the project plans by reducing the applicant’s ability to provide the minimum required number of parking spaces. Additionally, it should be noted that such divider medians are not provided in the parking areas of Phase I11 of the project. The applicant respectfilly requests a waiver from this requirement consistent with Section 78-228(b)(3). 3. The applicant is requesting a waiver from LDR Sec. 78-228(1)(3)b. requiring foundation planting areas for buildings of two or more stories to be not less than 30% of the height of the adjacent wall. According to the latest architectural plans submitted for the project, the height of the main building walls (exclusive of ornamental towers) is approximately 42 feet. Thirty percent (30%) of the building wall height equals 12.6 feet. Pursuant to Sec. 78-227 (l)(I)b., the applicant need only provide foundation planting along 40% of each (applicable) side of the structure; a total of 233.6 feet. Rather, the applicant believes it would be more practical and appropriate to provide an even distribution of the required foundation planting. Therefore, the applicant has prepared plans depicting foundation plantings along nearly 82% of the perimeter of the building. This results in a reduction in the minimum width of the foundation landscaping area in some places and the average width of the foundation planting area is now 7.84 feet along 82% of the perimeter of the building rather than 12.6’ along only 40% of the building perimeter. With the landscaped and hardscaped plaza area on the east side of the building included, the average width of foundation planting around the building is 13.25 feet which exceeds the 12.6-foot Code requirement. Using an average width allows the applicant to increase the amount of articulation in the footprint of the building (i.e. the building can have jogs in and out) and this methodology has been generally accepted within the City for other projects. Additionally, the applicant has provided an increased amount of landscape material within the foundation planting area and the proposed plant materials will exceed the minimum height required by the Land Development Regulations. The applicant respectfully requests a waiverfrom Sec. 78-228(1)(3)b. to allow for an even distribution of the required foundation planting which will permit the proposed Plaza 3333 Professional Centre Requested Waivers Summary June 2,2006 Page3 articulation in the building footprint which has been designed to create architectural in teres t. 4. The applicant is requesting a waiver from LDR Sec. 78-285 which provides that only one principal tenant sign is permitted per building. The applicant is requesting one (1) additional principal building sign on the north side of the building. The purpose and importance of this sign is to identify the project to trafic entering the sitefrom the northern project entrance at MacArthur Boulevard so that the building is diferentiated from the Blood Bank property. Both buildings will share a monument sign at the MacArthur Boulevard entrance and therefore, the sign is required so that traffic can distinguish between the buildings. 5. The applicant is requesting a waiver from LDR Sec. 78-285 which provides that only one tenant sign is permitted per ground floor tenant bay. The applicant is requesting additional tenant signs to be located on the north side of the building that will mirror the text, appearance and location of the tenant signs located on the south building faGade. These tenant signs will be important to identify tenant spaces within the building to vehicular and pedestrian traffic in the north parking lot. The applicant feels these signs are appropriate to avoid confusion in the parking lot and to allow site patrons who are within the north parking lot to identih their destination within the building. I z: c/, n L .I I. w I I , 1 I I I j 4 I 1 I I I I I I I 1 I 1 , i 1 I I I I L: %s hr' CI . - -- . -- .. -_ I I J .... ......... ... . -, .I ._ - .- ". - ' .,~_. .- .. __ ........... .. -- . Plaz;t 3333 Site Data ~rofessional Centre - Banyan Tree Phase I I Palm Beach Gardens, Florida W I I I I I I I 'I '?A I I I I I d I I -.. e-- -- --___--- ---- '.- 5 s 8' . T I I I I I I I I I I I I I I I I I I I I I I I i' J L c z + in N ._ 0 OY " .. r? I. - 0 m 0 C Z U 0 0 m P P P 1 I I I L.- '. - Q I F V u ,/- I,, I IS1 sheet title: GROUND FLOOR PLAN ImlI Plaza 3333 Professional Centre file nome: northlake-FP dwq I Ibl a- Palm Beach Gardens, Florida I Banyan Tree PUD Phase II 3333 Northlake Boulevard OLIVER *GLlDDEN * SPINA & pARTNERS AICHITHCTVRB s INTBIIOI D891ON. INC 1wll Plaza 3333 Professional Centre I E 0 n U Z 6 -I /'\ OLIVER .GLIDDEN * SPINA & PARTNERS AlCAlTBCTUlB INTBllOR U8SION.lNC PHONE. 561 6816841 . FAX, 561.6846890 . E-MAL ~n~@ow~lMl~l~oom 1401 FORUM WAY. SUITE100 . WEST PALM BEACH, FLORWA 33401 PLU- ,*u~movI-I1 drawn by: HF/BW checked by: AEO r ***9Lo,c Irn41, . K.I*"..,I IUIYI, . "*...I.b.CIII.IIIII I*UW OLIVER -GLlDDEN SPINA & PARTNERS ARCBIIBCTURB * INIBRlOl UBSION. INC w PHONE : J61.684.6841 * FAX : J61.684.68W * LUAU. infGo8sprehmlrrU.wm 1401 FORUM WAY. SUKEIW . WEST PALM BEACH. FLORIDA 33401 ILY-nrl*U*IO*M-l *I*.Lok. ,MI, . K.lL.(*U.*" ,MIMI, . **.yIa.(IIYIIII INmY r B m B I I CS-D 0 LIVER .GLlDDEN - SPINA & PARTNERS ARCRITBCTURB - INTBRIOR DBSION. INC yltD PHONE. 501 6U.6UI * FAX, >61,684~8!N . EMAU . inI@oVphIl~l~~m I401 FORUM WAY, SUITEIW . WEST PALM BUCK FLORWA 33401 II u- I-6OOOlOln-n *"lqL(l,h" IAY,,, . U,.l..,l I*LI,.l, . w... ll.DIICIIII 1w1* r checked by: AEO J -I- C_ y t, t 7u IU OLIVER-GLIDDEN - SPINA & PRTNERS ARCAITBCTURB * INTBRIOR DBSION. INC sheet title: MPICAL FLOOR PIAN PHON€:161.684.6841 . FAX. 161.684:890 f E-MAIL m~rswlilecawm 1401 FORUM WAY. SUlTElOO . WEST PALM BEACH. FLORDA 33401 ,L“..rr IAAl~mOlmmII ***"Lot I-1, . li.I*Y.C IUII4I9 . ...JI1*rOlU*..lll IU6IY drawn by: HF/BW r ,.- D KJQ 11 3 i:i i e 0 LIVER .GLlDDEN SPINA & PARTNERS AucniTncTuun - INTIIUIOU DIIJION.INC rn PHONE: 161.6U.6MI . FAX: 161.6U.68W . E-MAIL. inf@oiwhil~b.wn 1401 FORUM WAY. SUITEIW . WEST PALM BEACH. FIDRIDA 33401 ILYIIMl.mlGln.mOO.TI A-LOlw” ,m.m . Kd,.W.S,h ImIJ.19 . w-,.b~lwd..lll ,mm r rn b I- ? $ (I, c I PHONE, 561 684 6841 * FAX : 161 684 68W . E-MAU ' inrmf3o8SprchllocUwm 1401 FORUM WAY. SUITEIW . WEST PALM BMcn FLORLDA 33401 II"-,**2lmaM.-I7 r A*.qLoIc ,Au111 . K*M.*h 16m*11 . *.IUI*.oIY-III *-I. checked by: AEO IC i L I k M + VI 4 M t? M c + c3 0 Z c-( * M VI 4 I OLIVER-GLLDDEN SPINA & PARTNERS AlCAlTBCTUIB - INTBRIOI DBSION. INC rn PHONE. 561.681.6811 . FAX. 161.684.61190 . EMAU.. inW&gspn;lu#=b.com 1401 FORUM WAY. SUlTElW . WEST PALM BMCH. FLORIDA 33401 FLU-. lAAl~oooI~~77 *I*.)r.DI*l IAUII, . 1*1.*1 IUII4,I . **...kl. OW*,,, ,Am,,* r checked by: AEO I 'd 93 -0 A P INTERSTATE 95 $11 I MACARTHUR BLVD. N6 Y L c z I7 Q, 01 P w N -0 2 z G) -0 2 z 8 z D A b 'cl 2 z 8 ? E! z 8 m ;D rri ;D s s -I I C A cn I I rn rn 2 E! z G) cn D z 2 T -1 W 2 P lio Po Po c3 l rn e L 5 c3 z D $ 4;: c3 rn 5" z I 2 6 B I I I + PLAN /' ,"-' "/' /-I- ,..-' /-* DRAWK: PA DESIGNED TMC DATF.: E-16.M DRAwRiG NXBER: 42.43-1RI FILE D602CK02 /\PPROVF,T): Plaza 3333 Professional Centre I f': UI Ea- - z -I ul P I I c P c T . 0 . SCALE ASSHOWN DRAWN PA DkTE C5 15 06 DRAWIhC WEB: 42 43 18 05 DESIGm TMC ALE. OBMChM Io h\ DRAW PA DESIGhXD TMC DATE oj-16-08 DRAVv'ING ?;U3IBER 12 43 18-05 PILE omrm i I I I 1 I I I 1 1 2 0 7 x i m 0 c m 5 % 0 --M- ----^-z I I I I i ! L FIELD DMRX PA rm WATER AND SANITARY SCALP A8SFIOW-J W El M CONSTRUCTION DRAWINGS DATE 05 16 06 03- Plaza 3333 Professional Centre DRAWKG NMRER 42&1&06 DESIGNFD TMC Banyan Tree Phase I1 FILE oPa2rvoR APPXOVED Palm Beach Gardens, Florida 6 r. 3 m h! 6 3 3 0 3 I;' a; n I \ I _1_ WATER DETAIL s(;?rLE: As SHOWN CONSTRUCTION DRAWINGS DATI(. E1546 Plaza 3333 Professional Centre Banyan Tree Phase I1 DBAWG NUMBER 4243 18-05 FILE: OBfiPCKOi Palm Beach Gardens, Florida I m 3 E E 8 I f WATER 8z SANITARY DETAIL CONSTRUCTION DRAWINGS DATE 06.16.M Plaza 3333 Professional Centre SCALE: AS SHOW DRAW0 hXmlER. 42-4?-18.0i, Banyan Tree Phase I1 PILE: 06D2CXM Dnl- Roonh Clarrlnna li'1nGJg FIELD: uRAWh-, PA DESMhXLh TMC APF'ROVED: CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 21,2006 Meeting Date: July 11,2006 Petition PUDA-06-05-02 Subj ect/Agenda Item: Petition PUDA-06-05-02: Amendment to the Development Order of the Oak Park Planned Unit Development (PUD) Public Hearing & Recommendation to City Council: A request by Don Hearing, agent for Oak Park Acquisitions, LLC, for approval of an amendment to the development order of the subject PUD to amend Condition number 13 of Resolution 114,2005, to require only the platting of Phase I1 of the Oak Park PUD. The Oak Park PUD is generally located on the west side of Prosperity Farms Road, 1,277 feet south of PGA Boulevard and is approximately 1.96 acres in size. [XI Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: Planning Manager Brad Wiseman City Attorney Christine Tatum, Esq. Interim Growth Management Administratoii22- Daniel P. Clark, P.E. Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Project Manager Stephen Mayer Senior Planner Is4 Action: [XI Quasi-judicial [ ] Legislative [XI Public Hearing Advertised: Date: PB Post Paper: 211 5/06 [XI Required [ ] NotRequired Affected Parties: [XI Notified [ ] NotRequired FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ 3 Operating [XIOther NIA Budget Acct.#: NIA PZAB Action: [NIA] Approved [NIA] App. wl conditions [NIA] Denied [ X 3 Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [NIA] Continued to: Attachments: Resolution 114,2005 Date Prepared: June 21,2006 Meeting Date: July 1 I, 2006 Petition PUDA-06-05-02 Page 2 of 3 EXECUTIVE SUMMARY The applicant has requested to amend condition number 13 of the Oak Park Office Park PUD development order to modify the condition that requires the applicant to re-plat the entire Oak Park Office Park PUD prior to the issuance of the final building permit. The applicant desires to comply in good faith by platting the final phase (Phase II) of the Oak Park PUD. In light of the number of parties that would be required to authorize the re-platting of the entire PUD, the applicant is requesting this modification. The original framers of the condition could not have foreseen the difficulties in re-platting the first two phases. BACKGROUND The Oak Park Office Park is located on the west side of Prosperity Farms Road approximately 1,580 feet south of PGA Boulevard. The Oak Park PUD was approved on April 17, 1980, with the adoption of Ordinance 5,1980. On August 20,198 1 , the PUD was expanded through the annexation of 1.29 acres and was amended with the adoption of Ordinance 18, 1981 and Ordinance 20, 1981. Three phases of development were approved. Phases I and III exist, totaling 46,487 square feet. Ordinance 19, 1985 further amended the PUD by extending the time for completion of the full development for a period of five years from the effective date of September 19, 1985. On September 20, 1990, Ordinance 20, 1990 amended the PUD again by extending the time of completion of the remaining Phase I1 for an additional period of three years. However, Phase I1 was not completed and the approval became null and void. In 2003, Oak Park Acquisitions, LLC, filed an application with the City for an amendment to the 1.96-acres Phase 11. Because the development period had expired, the applicant obtained a new traffic concurrency certification. Since that time, the applicant has revised the site plan and was approved for a total of 17,172 square feet of medical office space through the adoption of Resolution 114, 2005. This final phase became part of the existing condominium association. The subject site is currently developed in accordance with the development plans approved by said resolution; however, Condition of Approval number 13 has not been satisfied. 0 PROPOSED AMENDMENT Amendment of Conditions of Approval number 13. 13. Prior to the issuance of the final building permit for vertical construction, the Applicant shall zk PLT p lat the final phase of the Oak Park Office Park PUD. The plat shall indicate who is responsible for property maintenance and include the labeling of the mangrove hammock (wetland) adjacent to Prosperity Farms Road. (City Engineer, City Forester) Date Prepared: June 21,2006 Meeting Date: July 1 1,2006 Petition PUDA-06-05-02 Page 3 of 3 STAFF RECOMMENDATION In light of the aforementioned obstacles, it is has become apparent that requiring the entire Oak Park 0 - PUD to be re-platted prior to the issuance of the final building permit is not realistic. Staff does not object to a modification of Condition number 13, which will require that a plat of the final phase (Phase II) and rely on separate condominium documents for the required easements on Phases I and III. Staff recommends a condition of approval that the applicant work with staff to address any additional easement concerns by a separate instrument, such as condominium documents, to be reviewed by the City Attorney. Therefore, staff recommends approval of Petition PUDA-06-05-02. RESOLUTION 114,2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE OAK PARK OFFICE PARK PLANNED UNIT DEVELOPMENT (PUO), LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD APPROXIMATELY 1,580 FEET SOUTH OF PGA BOULEVARD, TO ALLOW CONSTRUCTION OF THE OAK PARK OFFICE PARK FINAL PHASE, CONSISTING OF A TWOSTORY, PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 17,l 72-SQUARE-FOOT MEDICAL OFFICE BUILDING, AS MORE WHEREAS, on April 17, 1980, the City Council adopted Ordinance 5,1980, thereby approving the Oak Park Planned Unit Development (PUD); and WHEREAS, on August 20, 1981, the City Council adopted Ordinance 18, 1981 and Ordinance 20, 1981, thereby amending and expanding the PUD through the annexation of 1.29 acres; and 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, on September 19, 1985, the City Council adopted Ordinance 19, 1985 approving a five-year time extension; and WHEREAS, on September 20, 1990, the City Council adopted Ordinance 20, 1990 approving a three-year time extension; and WHEREAS, Phases I and Ill of the three-phase, 6.8-acre Oak Park Office Park have been previously constructed; and WHEREAS, the City has received a request (Petition PUD-03-1 I) from Cotleur & Hearing, Inc., on behalf of John C. Bills Properties, Inc. (Applicant), for approval of an amendment to Phase II of the Oak Park Office Condominium Planned Unit Development to allow construction of a two-story, 17,172-square-foot medical office building; and WHEREAS, the Growth Management Department has reviewed said application, has determined it is sufficient, and has recommended approval, with conditions and waivers; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on June 14, 2005, and recommended approval with a vote of 7-0; and Date Prepared: August 11,2005 Resolution 114,2005 01 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 39 40 41 42 43 44 45 313 WHEREAS, the Art in Public Places Advisory Board held a meeting on July 19, 2005, and voted 7-0 to recommend approval of the proposed location of the art work within the landscape island on the north side of the entry drive; and WHEREAS, by adoption of Ordinance 29, 2005, the City Council determined that the site plan approvals, waivers, and related conditions for Oak Park Office Park contained in Ordinance 5, 1980, Ordinance 18, 1981 , Ordinance 20, 1981 , Ordinance 19, 1985, and Ordinance 20, 1990 shall be transferred to this Resolution; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amended development plans for the Oak Park Office Park Phase II are hereby APPROVED for the following described real property, to permit the development of the final phase consisting of a two-story, 17,172 square-foot medical office building, subject to the conditions of approval provided herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN A PORTION OF TRACTS 2 AND 3, A SUBDIVISION OF THE SOUTHEAST ONE QUARTER (S.E. 1/4) OF THE SOUTHWEST ONE QUARTER (S.W. 1/4) OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, AT PAGE 42, IN AND FOR THE RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 00'47'03" EAST ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER (S.E. 1/4) OF SAID SECTION 5, (THE WEST LINE OF SOUTHEAST ONE QUARTER OF SAID SECTION 5, IS ASSUMED TO BEAR NORTH 00'47'03" EAST AND ALL OTHER BEARINGS ARE RELATIVE THEREOF), A DISTANCE OF 915.70 FEET; THENCE NORTH 88'40'48" WEST, A DISTANCE OF 508.87 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'56'22" EAST, A DISTANCE OF 67.50 FEET; THENCE SOUTH 88'40'48" EAST, A DISTANCE OF 65.00 FEET; THENCE 2 Date Prepared: August 11,2005 Resolution 114,2005 01 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 NORTH 00'56'22" EAST, A DISTANCE OF 110.00 FEET; THENCE NORTH 88'40'48" WEST, A DISTANCE OF 25.00 FEET, THENCE NORTH 00'56'22" EAST, A DISTANCE OF 246.98 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 2; THENCE NORTH 88'43'32" WEST ALONG THE NORTH LINE OF SAID TRACT 2, A DISTANCE OF 201 .OO FEET TO THE NORTHWEST CORNER OF TRACT 2; THENCE SOUTH 00'56'22" WEST ALONG THE WEST LINE OF SAID TRACT 2 AND THE WEST LINE OF SAID TRACT 3, A DISTANCE OF 424.32 FEET; THENCE SOUTH 88'40'48' EAST, A DISTANCE OF 161.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.96 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. A waiver from Section 78-320(a)(4)cS, Foundation landscaping and plantings, to allow two trees/clusters for the north and west facades. 2. A waiver from Section 78-250(a)(2)1.2., Preserve area, to allow no buffer for the existing mangrove hammock located along Prosperity Farms Road. 3. A waiver from Section 78-153, Minimum rear and side setbacks abutting a residential zoning district, to allow a 43.0' side setback on the north and a 24.75' rear setback on the west. 4. A waiver from Section 78-285, Table 24, Building directory signs, to allow a 45.5- square-foot (7-foot-high) building directory sign for Phases I and 111. 5. A waiver from Section 78-344(1), Parking stall and bay dimensions, to allow 9' x 18.5' parking spaces at selected locations. The selected locations shall be determined by the City Forester for the sole purpose of preserving existing trees. 6. A waiver from Section 78-313(b), Landscape islands, to allow more than nine (9) parking spaces in a row without a landscape island. SECTION 4. Said Planned Unit Development is approved subject to the following amended conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Enqineerinq: 1. The Applicant shall copy to the City all permit applications, certifications, and approvals. (City Engineer) 3 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 3a 2. Date Prepared: August 1 1,2005 Resolution 114,2005 Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide surety for public infrastructure and all landscaping and irrigation costs. The required surety shall be based on a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs, which cost estimate shall be reviewed and approved by the City. 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) 3. Prior to construction plan approval and the issuance of the first building permit, the Applicant shall provide a cost estimate for the on-site project improvements, not includinq public infrastructure, landscaping and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 4. The Applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the EPA and/or local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) 5. Prior to construction plan approval and the issuance of the first building permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Citv Forester: 6. Prior to the issuance of the first building permit, the Applicant shall revise the landscape plan to include plant beds around the base of the tenant directory sign located at the entrance to Phase It. (City Forester) 7. Prior to the issuance of the land clearing permit, the Applicant shall provide the City with an irrigation plan for the site to ensure minimal impact to the root system of the existing trees. The installation of a rain sensor shall be included with the irrigation plan. (City Forester) 4 Date Prepared: August 11,2005 Resolution 114,2005 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a. 9. IO. 11. 12. 13. 14. 15. Prior to clearing or construction activities, trees designated for preservation shall be tagged or roped-off. Prior to land clearing, the Applicant shall erect and maintain protective barriers around the drip line of the trees to be protected. All preservation work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any building permit requiring land clearing. (City Forester) All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. (City Forester) Prior to the issuance of the first Certificate of Occupancy or within one year of the issuance of the first Certificate of Occupancy, should any Oak trees designed for preservation die during construction or because of construction practices, they shall be replaced with 16-foot-tall live oaks. (City Forester) At any time, in the event of future death, damage, or removal of a tree from a tree well, each tree shall be replaced with a 16-foot tall Live Oak. (City Forester) Within three months following the issuance of the building permit, the Applicant shall remove all prohibited and invasive non-native plants from the entire Oak Park Office Park PUD. No Certificates of Occupancy shall be issued or further inspections be carried out by the City until the Applicant complies with this condition. (City Forester) Prior to the issuance of the building permit, the Applicant shall re-plat the entire Oak Park Office Park PUD. The plat shall indicate who is responsible for property maintenance and include the labeling of the mangrove hammock (wetland) adjacent to Prosperity Farms Road. (City Engineer, City Forester) The mangrove trees adjacent to Prosperity Farms Road shall be maintained in a natural condition and shape by the Property OwnersKondominium Owners Associations. The mangroves shall not be hatracked or reduced in height. (City Forester) Prior to the issuance of the first land alteration permit, any gopher tortoises on site shall be relocated to a site approved by the Florida Fish and Wildlife Conservation Commission. The Applicant shall provide a copy of the Gopher Tortoise Off-site Relocation Permit Application and correspondence from the FFWCC approving the recipient site and relocation methodology prior to tortoise capture and relocation. (City Forester) 5 . .. . 01 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 ii 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 3a Date Prepared: August 11,2005 Resolution 114,2005 16. The Applicant: successors, and assigns shall be responsible for the irrigation and maintenance of all landscaping, in accordance with City standards: between the property line and the six-foot high retaining wall on the north and west sides of Phase II. (City Forester) Growth Manaqement: 17. Prior to the issuance of the first building permit, required digital files of the approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division. Approved civil engineering as-built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance) 18. Prior to the issuance of the first building permit, the Applicant shall submit documentation showing that a deposit was made into an escrow account in an amount of money equal to the art in public places fee. (Development Compliance) Crime Prevention Throuqh Environmental Design (CPTED): 19. Applicant shall provide a detailed photometric lighting plan. (Police) 20. All lighting shall be metal halide following IESNA Lighting standards. (Police) 21. Landscaping, including long-term tree canopy growth, shall not conflict with lighting. (Police) 22. Timer clock or photocell lighting for nighttime use shall be above or near entryways. (Police) 23. Pedestrian scale lighting shall be used for all street and pedestrian walkways. It is suggested that interactive or lighting on demand be used in sensitive areas. (Police) 24. Numerical address: (Police) a. Shall be illuminated for nighttime visibility (dusk to dawn). b. Shall not be obstructed. c. Shall have bi-directional visibility from the roadway. d. Door number shall be a minimum of 6”. e. Building numbers shall be a minimum of 12”. 25. Lighting shall be provided for entrance signage. (Police) 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Date Prepared: August 11,2005 Resolution 114,2005 26. Prior to the 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. (Police) a. The developerlproject 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 entrylexit points, encourage subcontractors to secure machinery and tools at the end of the work day, 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 this project. Non-compliance with the approved plan shall result in a stop-work order for the entire project. SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans, as amended herein, on file with the City’s Growth Management Department: 25 1. 26 27 28 2. 29 30 31 32 33 3. 34 35 36 37 38 4. 39 40 41 5. 42 43 44 45 - -, !?.!.A. (Superseded) Site Plan Sheet 2.1 and Comprehensive PUD Site Plan Sheet 2.8 dated August 9, 2005, by Alan Strassler Architects, Inc. Landscape Plan Existing Conditions Sheet LP-0, Landscape Plan Oak Park Office Phase II Sheet LP-1, Plant List and Details Sheet LP-2, and Landscape Specifications Sheet LP-3 dated August 4, 2005, by Michael Redd & Associates. Architectural Plans Sheet 3.1 First Floor Plan dated March 30, 2005; Sheet 3.2 Second Floor Plan dated March 30, 2005; Exterior Elevations Sheet 4.1 dated June 28, 2005; and Roof Plan Sheet 7.1 dated March 30, 2005, by Alan Strassler Architects, Inc. Site Photometric Plan Sheet DP-1 dated August 15, 2005, by Brannon & Gillespie, LLC. Conceptual Engineering Plan Sheet 1 dated August 10, 2005; Entry Detail Sheet 2 and Details Sheet 3 dated April 23, 2004, and received August 10, 2005, by Keshavarz & Associates, Inc. 7 Date Prepared: August 11,2005 Resolution 114,2005 3 4 5 6 7 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 a 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 3a 6. Boundary, Topographic, and Tree Survey of Phase II, Oak Park Office Condominium, Sheet I, by Donald 0. Daniels, Inc., revision updated May 4, 2004. SECTION 6. All future amendments to the Oak Park Office Condominiums Planned Unit Development shall be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I9 20 21 22 ia 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: August 11,2005 Resolution 114,2005 PASSED AND ADOPTED this do* day of au~W ,2005. ATTEST: 1 BY: p)lw% atricia Snider, CMC, C Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT G:bttorney-share\RESOLUTlONS\OakPark - reso 114 2005.doc 9 CITY OF PALM BEACH GARDENS PLANNING & ZONING COMMISSION Agenda Cover Memorandum Date Prepared: June 22.2006 Meeting Date: July 11,2006 Petition: MISC-06-05-13 Sub j ectlAgenda I tem: MISC-06-05-13: Frenchman’s Yacht Club Master Signage Program Recommendation to City Council: A request by George Gentile, Holloway, O’Mahoney and Associates on behalf of Frenchman’s Yacht Club Developers, LLC, for approval of a master signage program as required by Resolution 152, 2005. The Frenchman’s Yacht Club is within the Frenchman’s Creek DRVPCD and is located at the southeast corner of Donald Ross Road and Prosperity Farms Road. [XI Recommendation to APPROVE with 3 waivers [ ] Recommendation to DENY Reviewed by: Planning Brad Wiseman City Attorney Christine Tatum, Esq. Development Compliance Bahareh Keshavarz-Wolfs, AICP L Interim Growth Management Administrator- Daniel P. Clark, P.E. Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Project Manager s&l Stephen Mayer Senior Planner Action: [XI Quasi-judicial [ ] Legislative [ 3 Public Hearing Advertised: [ 3 Required [ X 3 Not Required Affected Parties: [ 3 Notified [ X 3 Not Required FINANCE: N/A Costs: $ N/A Total $ NIA Current FY Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: N/A PZAB Action: [N/A] Approved [N/A] App. w/ conditions [N/A] Denied [ X 3 Rec. approval [ 3 Rec. app. w/ conds. [ ] Rec. Denial [N/A] Continued to: Attachments: Signage Program Date Prepared: June 22,2006 Meeting Date: July 25,2006 Petition: MIX-06-05-13 BACKGROUND The 1,400-acre Frenchman’s Creek residential community was originally approved as a Planned Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 within unincorporated Palm Beach County. On December 1 , 2005, a master development plan was approved to allow the development of 133 multi-family dwelling units and 9,990 square feet of internal officehetail space for use by the marina on the subject property within the Frenchman’s Creek DRI. The Frenchman’s Yacht Club is located on the southeast comer of Prosperity Farms Road and Donald Ross Road. The project totals 14.54 acres, which is comprised of a 6.05 acre parcel (“Western Parcel”) and an 8.49 acre parcel (“Eastern Parcel”). The signage program includes revisions to the previously approved entry signage as well as proposed commercial and internal directional signage. LAND USE & ZONING The subject site has a Future Land-Use and Vision map designations of Commercial (C). The site is zoned Planned Community District (PCD) Overlay. PROJECT DETAILS Sizn age Request The applicant is proposing two types of commercial signs for each tenant: a projecting identity sign (also called a blade sign), and a window sign. Suite numbers are located in an acceptable location in accordance with the City’s GIS Manager and Police Department. The applicant is also proposing a building identification sign on the wall of the amenity building. All of the proposed commercial signs are internally located and not visible from either Donald Ross Road or Prosperity Farms Road. Therefore, according to City Code Section 78-289, these signs are exempt from the signage regulations. A total number of 14 internal directional signs are proposed throughout the vehicular use area. The signs utilize architectural elements that are consistent with the signage program. There are two types of directional signs proposed: Ten signs proposed at 4’5” in height and 6.25 SF of signage area, and four signs that are 4’7” in height and 9 SF in signage area. Pursuant to Section 78-258, Table 24, directional signs shall be 4’ high and limited to 4 SF in copy area and limited to the number of buildings on site (3). The applicant is requesting a waiver for the size, height and number of directional signs (Please see waiver table). 2 Date Prepared: June 22,2006 Meeting Date: July 25,2006 Petition: MISC-06-05-13 ,I addition, the Frenchman’s Yacht Club has two previously approved entry signs and an existing monument sign. The applicant is not proposing to increase the size of the monument or entry sign area (40 and 60 SF respectably), but is proposing a consistent new design throughout the signage program. The new design consists of elements such as: a decorative stone cap, with stone columns, a stucco planter, up lighting and bronze gas lamps. Staff finds that the proposed changes to the monument and entry signs are consistent with the architecture and improves the appearance of the site from the right of way. WAIVERS Height: 4. / I Size: 9 SF Directional Signs Maximum height: 4’ Signage area: 4 SF Height: 4’5” Size: 6.25 SF Permitted Signage Sec. 78-285 Directional Signs Total number: Total Number: 3 14 (1 exempt) Waiver? Yes (1) No Yes (1) No Yes (1) No (1) Staff supports the waiver for the size, height and number of the directional signs allowed per City Code Section 78-285. Since the directional signs are part of a uniform signage program consistent with the architecture of the buildings, staff finds that the increased size, height and number of the internal directional sign will have a negligible effect on the surrounding areas. Also, the appearance of the site from the right of way is not flooded with commercial signage, as the blade and window signs are all facing internal courtyards or walkways. The only location where a commercial name exists is on the entrance monument signs. Staff does not deem these waiver requests as excessive. Staff recommends approval. STAFF RECOMMENDATION Staff recommends approval of Petition MISC-06-05- 13 without conditions of approval. 3 Miscellaneous Application Petition MISC-06-05- 13 Frenchman's Yacht Club Responses to P&Z Staff DRC Coinments June 1.5, 2006 Comments from: Stephen Mayer, Senior Planner, Growth Management Department Staff has reviewed the above-referenced petition and has the following comments: Signage Plan The applicant shall provide the following information in the Signage Plan (the “Plan”): 1. The applicant shall include the location of the suite number signs on the Commercial Storefront Lettering Specifications, which should be located below the signage area. Response: The suite numbers will be Iocated on the door glass for each suite. 2. The applicant shall add a note that “Only one sign per tenet will be approved”, for the Commercial Storefront Lettering Specifications. Response: A note stating that only one window sign and one tenant sign may be utilized and approved per tenant has been added to the Commercial Storefront Lettering Specifications sheet. 3. Blade signs are not a permitted sign. However, pursuant to Sec. 78-289(5), all blade signs located interior to the site is considered exempt. Any blade signs on the north side of the two commercial buildings and within view of the parking lot and right of way must be approved via waiver. Please indicate the number of blade signs requested that will require a waiver. Response: A waiver is not needed since there is no non-residential signage being requested on the north elevation. Non-residential signage on the north elevation is prohibited by the development order issued for the Frenchman’s Yacht Club project. AlI commercial signage is internally located, and these signs are not visible from either Donald Ross Road or Prosperity Farms Road 4. The applicant must also apply for additional waivers for the following: o o o o o Response: The applicant hereby requests the following waivers: To allow the number of directional signs from the two (2) permitted to the fourteen (14) requested. To allow the height of four (4) directional signs, from the 4’ permitted to the 4’7” requested. To allow the height of ten (10) direction signs from the 4’ permitted to the 4’5” requested. To allow the signage area of four (4) directional signs fiom the 4 SF permitted to the 6.25 SF requested. To allow the signage area of ten (10) directional signs from the permitted 4 SF to the 9 SF requested. I. A waiver from Section 78-285, Table 24: Permanent Signs, to allow for fourteen directional signs that are entirely internal to the project 2. A waiver from Section 78-285, Table 24: Permanent Signs, to allow for an increase in directional sign height for fourteen (14) directional signs to a maximum of 4’7’’. I 2 3. A waiver from Section 78-285, Table 24, Permanent Signs, to allow for an increase of directional sign copy area for fourteen (14) directional signs to a maximum of 9 square feet. In order to reduce the number of waivers requested, staff suggests the applicant consider reducing the number, height and signage area of directional signs requested. Response: The intent of the Sign Code is to provide flexibility, Le. waivers, to an applicant submitting a sign program with the aim purpose of encouraging the applicant to provide a unified sign program in type and color throughout the development. The applicant has provided a comprehensive sign program providing for consistent sign color and type over the entire project, and achieving that with only three waivers. 3 FRENCHMAN’S YACHT CLUB Miscellaneous Application Justification Statement City of Palm Beach Gardens May 12,2006 June 15,2006 Project Location: The proposed Frenchman’s Yacht Club is located on the southeast corner of Prosperity Farms Road and Donald Ross Road. The project totals 14.54 acres, which is comprised of a 6.05 acre parcel (Western Parcel) and an 8.49 acre parcel (Eastern Parcel). The existing Marina basin and docks will not be included within the project limits. Proposed Application: This package includes revisions to the previously approved entry signage, as well as, proposed commercial and internal directional signage. e There are three waivers requested as part of this submittal package. They are as follows: 1. To request a waiver fiom section 78-285, Table 24 to allow for the fourteen proposed directional signs instead of the permitted two directional signs. 2. To request a waiver from section 78-285, Table 24 to allow for an increase in height of the directional signs to a maximum of 4’7”. There are currently ten directional signs proposed at 4’-5” and four directional signs proposed at 4’- 7”. 3. To request a waiver from section 78-285, Table 24 to allow for an increase in the sign copy area for the directional signs from the permitted four square feet to a maximum of nine square feet. There are currently ten directional signs proposed with nine square feet of sign copy area and four directional signs proposed with 6.25 square feet of sign copy area. All of the proposed signs are internally located, therefore they are not visible fiom either Donald Ross Road or Prosperity Farms Road. History: The 1,400 acre Frenchman’s Creek DRI was originally approved as a DRI in Palm Beach County in 1973. While in the county, the Frenchman’s Creek residential community was approved as a planned unit development with 644 dwelling units. The southern 776 acres, located within the City of Palm Beach Gardens and located east of Alternate AlA, south of Donald Ross Road and west of the Intracoastal Waterway, were annexed into the City of Palm Beach Gardens in 1988. The northern half (north of Donald Ross Road) was annexed into the Town of Jupiter. The DRI was never amended to reduce the total number of dwelling units, therefore, the project remained vested for 3,550 units. Currently, the Eastern Parcel is located within the Frenchman’s Creek Development of Regional Impact (and PCD). 0 On December 1, 2005 for a master development plan approval to allow the development of 113 multi-family dwelling units and 9,990 square feet of internal officehetail space for use by the marina. FRENCHMAN'S YACHT CLUB Miscellaneous Application Project Narrative City of Palm Beach Gardens May 12,2006 June 15,2006 Project Narrative: The proposed Frenchman's Yacht Club is located on the southeast corner of Prosperity Farms Road and Donald Ross Road. The project totals 14.54 acres, which is comprised of a 6.05 acre parcel (Western Parcel) and an 8.49 acre parcel (Eastern Parcel). The existing Marina basin and docks are not included within the project limits. This application is for a Miscellaneous Application for the project Signage. Proposed Application: This package includes revisions to the previously approved entry signage, as well as, proposed commercial and internal directional signage. There are three waivers requested as part of this package. The revisions to the previously approved entry signage are design based changes. Elements from the architecture such as stucco and stone have been added to the sign in order to create a more homogenous project. Element to enhance the signs such as a shade structure over the sidewalk and raised planters have been added to enhance the overall appearance of these signs. All revisions meet the City Palm Beach Gardens LDR code for location and size. There are two types of commercial signs proposed. There is a small Projecting Identity Sign proposed for each commercial tenant. This signage will be mounted on the wall next to each tenant's building entry. There is also window signage proposed for each tenant. See the enclosed details for further clarification. A total of fourteen internal directional signs are proposed throughout the project to enable residents, guests, and marina patrons to navigate through the site. These signs are utilizing elements from the architecture such as stucco and stone in order to create a more homogenous project. Address plaques that meet all police conditions of approval are also proposed in this package. There are three waivers requested as part of this submittal package. They are as follows: 1. To request a waiver from section 78-285, Table 24 to allow for the fourteen proposed directional signs instead of the permitted two directional signs. 2. To request a waiver from section 78-285, Table 24 to allow for an increase in height of the directional signs to a maximum of 4’7”. There are currently ten directional signs proposed at 4’-5” and four directional signs proposed at 4’- 7”. 3. To request a waiver from section 78-285, Table 24 to allow for an increase in the sign copy area for the directional signs from the permitted four square feet to a maximum of nine square feet. There are currently ten directional signs proposed with nine square feet of sign copy area and four directional signs proposed with 6.25 square feet of sign copy area. All of the proposed signs are internally located, therefore they are not visible fiom either Donald Ross Road or Prosperity Farms Road. History: The 1,400 acre Frenchman’s Creek DRI was originally approved as a DRI in Palm Beach County in 1973. While in the county, the Frenchman’s Creek residential community was approved as a planned unit development with 644 dwelling units. The southern 776 acres, located within the City of Palm Beach Gardens and located east of Alternate AlA, south of Donald Ross Road and west of the Intracoastal Waterway, were annexed into the City of Palm Beach Gardens in 1988. The northern half (north of Donald Ross Road) was annexed into the Town of Jupiter. The DRI was never amended to reduce the total number of dwelling units, therefore, the project remained vested for 3,550 units. Currently, the Eastern Parcel is located within the Frenchman’s Creek Development of Regional Impact (and PCD). On December 1, 2005 an application was approved for master development plan (the subject of this amendment) to allow the development of 1 13 multi-family dwelling units and 9,990 square feet of internal officehetail space for use by the marina. In April of 2006, an Administrative Amendment package was submitted to the City of Palm Beach Gardens for their review and approval. a KY I n n I rn MATCH LIN E SEE 55-1 I.lml~lmlmllll,~l.,m,llmlm,.,l,m~ MATCHUNE SEE 55-2- 0 0 3 4, a, m op v) P 0 4, a/ Y Palm Beach Gardens, Florida c’ 8 n 0 n n r m 7 F - L e . .-. ,. ?,,- . ., .. 3 1 I t ----1 - FA 1 Directional Identity Concepts me3 YACHT CLUB I t N P I 00 0 0 v JIJI I CD cn - I W 0 z m I i I I W s rn k I h) 0 00% +o 5, e !.% p a 1 I I i Directional Identity Concepts mm YACHT CLUB d b t a L-!! 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