HomeMy WebLinkAboutAgenda PZAB 121206City of Palm Beach Gardens
Decem6er 12,2006
959
ZZanhCpli Hamen
Dennis Solbmm
Craig xunflk
NicliaeCIPanczaf
Dough PenneK
Barry Present
Junatfian D. Ru6in.s
CITY OF PALM BEACH GARDENS
10500 N. Military Trail Palm Beach Gardens, Florida 334104698
Phone: (561) 7994243 b City Website: httD://Dbafl.Com b Fax: (561) 799-4281
Contents
Powerpoint Disc Instruction
Planni,ng & Zoning 2004 Meetling Schedule
Memo to Commissioners
Meeting Agenda
Staff Reports with Attachments
Legend for the Conceptual Thoroughfare Plan
II
Map of Conceptual Thoroughfare Plan
Official Zoning Map
Future Land Use Map
Major Project Map
Phase have the 66ue 6indirs in the
Chm6ers
fm fiLture meetings
PLANNING 8r ZONING COMMISSION
PowerPoint Disc Instruction
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Planning & Zoning d~vision
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
MEMORANDUM
DATE: December 12,2006
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, December 12,2006 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, December 12,
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:
I. 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.
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, DECEMBER 12,2006, AT 6:30 P.M.
COUNCIL CHAMBERS
CALLTOORDER
PLEDGE OF ALLEGIANCE
REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
APPROVAL OF MINUTES: November 14,2006
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternates:
Craig Kunkle (Chair)
Barry Present (Vice Chair)
Randolph Hansen
Dennis Solomon
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
Joy Hecht (1" Alt.)
Amir Kanel (2nd Alt.)
Planning, Zoning and Appeals Board
December 12,2006
Public Workshop:
Petition PPUD-06-09-10: Monet Office Building 1.
Public Workshop: Marty Minor of Urban Design Studio, on behalf of Monet Road LLC,
is requesting approval for the Monet Office Building Planned Unit Development (PUD).
This PUD request is for a 2.57-acre parcel located south of RCA Boulevard and west of
Prosperity Farms Road. The proposed development consists of 22,000 square feet of
medical office and 16,064 square feet of professional office.
Project Manager: Richard Marrero, Planner rmarrero@Dbefl.com (799-42 19)
Public Hearing and Recommendation to City Council:
Ex Parte Communication (Public Hearing)
Petition LDRA-06-06-07: Amendment to Subdivision I. AIPP, Sec. 78-261;
Sec. 78-262
2.
Public Hearing and Recommendation to City Council: A City-initiated request for
approval of a text amendment to Section 78-261 and Section 78-262, of Subdivision I.
Art in Public Places, Code of Ordinances. This City Code amendment seeks to revise the
art in public places program definitions, procedures, and requirements.
Project Manager: Brad Wiseman, Planning Manager bwiseman65bbefl.com (799-4235)
Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
Signage Waiver
3. MISC-06-10-000018: Donald Ross Village Planned Unit Development (PUD) -
Recommendation to City Council: A request by Marty Minor, of Urban Design Studio,
on behalf of Donald Ross/Military L.C., for approval of the waiver to allow for one (1)
additional flat/wall sign for tenants that have two or more elevations within the Donald
Ross Village PUD. The Donald Ross Village PUD is located along the south side of
Donald Ross Road between Military Trail and Central Boulevard.
Project Manager: Richard Marrero, Planner rmanero@ubnfl.com (799-42 19)
2
Planning, Zoning and Appeals Board
December 12,2006
Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
Petition MISC-06-12-000020 -Waiver for Cobb Movie Theatre Tenant Wall Sign 4.
Recommendation to City Council: A request from Cotleur & Hearing, Inc., agent for
Cobb Movie Theatres, for a wall signage waiver amendment. The site is located at
Downtown at the Gardens, Building A, within the Regional Center DRIPCD, 11751
Alternate A1 A.
Project Manager: Jackie Holloman, Planner jhollomanGhbnfl.com (799-4237)
5.
0
6.
7.
8.
Recommendation to City Council:
Ex Parte Communication (Quasi Judicial)
SP-06-03-000005: Latitudes in the Gardens - Site Plan Approval
Recommendation to City Council: A request by Ms. Dodi Glas, of Gentile, Holloway,
O’Mahoney & Associates, Inc., on behalf of Gardens 95 Limited Partnership, LCC, for
site plan approval to allow the development of 9,000 sf of restaurant use, 15,000 sf of
retail use, 38,000 sf of medical office use, and 14,866 sf of professional office use on
“Parcel A” and “Parcel B” of the Parcel 31.04 Mixed-Use Planned Community
Development, consisting of approximately 9.0 acres to be referred to as “Latitudes in the
Gardens.” The approximately 50.58-acre Parcel 3 1.04 Mixed-Use Planned Community
Development is located directly east of the intersection of Interstate 95 and Central
Boulevard.
Project Manager: Todd Miller, Principal Planner tmiller@ubafl.com (799-4236)
OLD BUSINESS
NEW BUSINESS
ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26. persons wifh disabilities needing special accommodations to
participate in this proceeding should contact the City Clerks Ofjce, no later thanjve days prior IO 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, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the
proceedings; and for such. they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth
Management Department.
Common/pz agenda 12-12-06.doc
3
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
Novem ber 14,2006
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:30 P.M. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the Flag.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR
Mr. Tala1 Benothman reported that the Ci
approved the Paloma Planned Unit D
Doubletree Planned Unit Development, h
results of the charrette on heights was known, with the only
buildout date, which would probably be 2
to the capital improvement element, and
fair share program.
MINUTES
Motion was made, seconded and unanimously carri
2006. Motion was made, seconded and
October 24, 2006.
rove the minutes of October 10,
rried to approve the minutes of 0
ROLL CALL:
Ray Ellis, Deputy City Clerk, called the roll for the Planning, Zoning and Appeals Board:
Joy Hecht , lst Alternate
Amir Kanel, 2’ld Alternate
Absent
Public Hearinp and Recommendation to Citv Council:
Evaluation and Appraisal Report (EAR) of the Comprehensive Plan
The purpose of the EAR is to examine the Comprehensive Plan since its most recent EAR-
based amendment in 1999 and assess how well the Plan is serving the City in accordance
with Chapter 163.3191, Florida Statutes. The EAR will identify what changes have a
Planning, Zoning, and Appeals Board Meeting Min$tes
November 14,2006
Page 2
occurred and propose how the Comprehensive Plan can be modifled to accommodate
them.
0
Planning Manager Brad Wiseman presented the staff report and described the Evaluation and
Appraisal Report process and the major items wbich had been identified. Mr. Wiseman
reviewed policy suggestions contained in the Evalu$tion and Appraisal Report.
Chair Kunkle declared the public hearing open.
Future Land Use: EAR Consultant Jack
were 52,000 permanent year-round residents based on existing approved devel
possible development of 1,000 units in Briger and 406 units in Vavrus.
recreational lands for 5 and 10 year projection periods were expec
Seacoast Utilities had indicated adequate levels olf service for water
available based on population projections
maintained; and levels of service on roa
Horniman concluded that levels of service
the projected levels of population.
Mr. Solomon expressed his opinion that the owners o
more density; Mr. Horniman indicated pr
criteria. Mr. Benothman advised more d
done as a DRI. Mr. Horniman indicated 0th
ervice would be
ate. Therefore, Mr.
nd Vavrus would request a lot
s were required to provide service. 0
There was no public comment on this section.
MOTION:
Motion was made and seconded to approve the Future Land Use Section as
recommended by s
Transportation: Mr. an described the issues of transit and encouraging a transit-ready
community by doin s analysis, and suppoding other agencies’ efforts in regard to a
regional transit system. Linkages needed to be qonsidered since removal of any linkage
would affect transportation. Mr. Horniman stressed that level of service standards were being
ransportation, and interconnectivity of uses could take trips off major
n carried by unanilnous 7-0 vote.
Mr. Rubins asked about including Tri-Rail. Mr. Wiseman read language in support of
regional studies and explained that redevelopment of projects would be required to provide
land for transit needs. Mr. Pennell stressed thinking of all these issues when approving
projects, and noted if a trolley system were to work, density areas would have to be
intertwined. Mr. Present expressed his opinion th+t no linkage should be removed without
adding one, and recommended staff analyze road linkages overall to see if some could be
added, and not to delete any. Mr. Wiseman advised language had been included that a needs
study would be done to see what type of transportation system would be feasible. Mr. 0
Planning, Zoning, and Appeals Board Meeting Minutes
November 14,2006
Page 3
Solomon indicated support for such a study to determine types of transportation. Growth
Management Administrator Kara Irwin advised that the City had evaluated a budget, met
with Palm Tran, and looked at a plan for some type of transit system for a one-year period.
Bicycle lanes and speeds on roads were discussed.
0
MOTION:
Motion was made and seconded to approve the Transportation Section as
recommended by staff. Motion carried by unanimous 7-0 vote.
Housing: Mr. Horniman discussed affordable and workforce h
that incentives established by the City were adequate, and reported the City
County in addressing the housing issue on a county-wide basis.
Several members of the board expressed agreement with the propo
Present expressed his opinion that this must be looked at as a big
and indicated he was not in favor of density bonuses, and within
be on multifamily projects to address affordable h
page 44. Mr. Horniman commented on market tren
Carolyn Chaplik, 715 Hudson Bay Drive, expressed
affordable housing was to increase dens
negatively affect many things, and noted su
MOTION:
Motion was made and seconded to approve the Transportation Section as
he felt focus should
that the only way to create
0
ed by unanimous 7-0 vote.
an indicated he felt the City had shown foresight in
nomic Development.
Economic Development:
Chair Kunkle announ Rubins had left the meeting and Ms. Hecht was seated on the dias
5 Hudson Bay Drive, expressed her opinion that Economic Development
g and transportation.
Motion was made and seconded to approve the Economic Development Section as
recommended by staff. Motion carried by unanimous 7-0 vote.
Infrastructure: Mr. Horniman advised water and sewer capacities appeared to be adequate and
the County had given all the Cities a letter stating they would have adequate facilities for solid
waste.
Planning, Zoning, and Appeals Board Meeting Minutes
November 14,2006
Page 4
Mr. Kanel questioned the role of Seacoast Utilities in determining adequate water and sewer,
and was advised that the makeup of their board was from three Municipalities and the County
because of infills.
0
There was no public comment on this section.
MOTION:
Motion was made and seconded to approve the Infrastructure Section as recommended
by staff. Motion carried by unanimous 7-0 vote.
Recreation and Open Space: Mr. Horniman described recreational spa
added.
Mr. Kanel noted the golf course represented more than half of
expressed concern that might hurt a need to create another kids’
explained the City could always do more. Mr. Panczak asked if th
staff to maintain level of service at buildout of the City, to whi
facilities would be regularly maintained.
Carolyn Chaplik, 715 Hudson Bay Drive, reported as a member of the Parks and Recreation
Advisory Board that parks were constantly looked at, there was a 5-year plan with Capital
Improvement, and they were maintained before problems occurred. 0
MOTION:
Motion was made and seconded to approve the Recreation and Open Space Section as
Mr. Horniman noted the State had made
vacuation zone, and that was not an issue.
rovements needed to lead
proposals for the comprehensive plan would be financially
accomplished. A 5-year improvement plan was currently under
be financially feasible.
to the conclusion
feasible so that they
eemed adequate.
: This was not an element required by the state, but made the city’s plan more
comprehensive. The level of service for the Police Department was to be re-evaluated and no
new level of service had yet been determined. The level of service for the Fire department
was proposed to be changed to match the Countywide standard.
There was no public comment on these sections.
Planning, Zoning, and Appeals Board Meeting Minutes
November 14,2006
Page 5
MOTION:
Motion was made and seconded to approve the Coastal, Intergovernmental, Capital
Improvements, Conservation, and Public Safety Sections as recommended by staff.
Motion carried by unanimous 7-0 vote.
OLD BUSINESS
Mr. Present requested Vavrus be taken out from the language on page 11. Staff indicated a
letter had been sent to Treasure Coast Regional Planning Council.
Mr. Present requested implementation of the second parking garage at
Gardens. Mr. Benothman reported the applicant had submitted a plan
parking requirements.
NEW BUSINESS
Mr. Present reported Legacy Place was very user friendly.
Mr. Kanel suggested a shuttle to improv
Wiseman indicated that had been proposed but the
Mr. Solomon asked Mr. Horniman if the insufficiencies. Mr. Horniman
indicated the City would receive a letter o cy; and hopefully,
enough things had been covered. Mr. Solomon praised staff and Mr. Horniman for their
the mall in the evenings. Mr.
0
excellent work.
Planning, Zoning, and Appeals Board Meeting Minutes
November 14,2006
Page 6
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:14pm. The next regular
meeting will be held November 28,2006.
APPROVED:
Craig Kunkle, Jr., Chair
Dennis Solomon
Randolph Hansen
Douglas Pennell
Amir Kanel
Debbie Andrea
Public Information Coordinator
Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not verbatim transcripts of
the meeting. A verbatim audio record is available from the Office of the City Clerk.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
~~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE: December 6,2006
FROM:
SUBJECT:
Planning, Zoning, and Appeals Board Members
Brad Wiseman, Planning Manager Ad
Monet Office Building PZAB Meeting
Please be advised that there is no staff report associated with Monet Office
Building at this time. However, the Monet Office Building site plan petition will be
presented by the applicant at a workshop during the December 12, 2006, PZAB meeting.
The subject site is located south of RCA Boulevard and west of Prosperity Farms Road
and is approximately 2.57 acres. Staff will be present to answer any questions that the
PZAB may have. Please contact Richard Marrero, Planner, at 799-4219 if you have any
questions or require additional information.
B W :rj
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PRoFEssloNAL
PALM BEACH GARDENS. FLORIDA OFFICE BUILDING
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: LDRA-06-06-000007
SubjecVAgenda Item:
LDRA-06-06-000007: Amendment to Subdivision I. AIPP, Sec. 78-261; Sec. 78-262
Public Hearing and Recommendation to City Council: A City-initiated request for approval of a
text amendment to Section 78-261 and Section 78-262, of Subdivision I. Art in Public Places, Code
of Ordinances. This City Code amendment seeks to revise the art in public places program
definitions, procedures, and requirements.
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum, Esq.
Development Compliance
NA
Bahareh K. Wolfs, AICP
Growth Management
Administrator
Kara Irwin, AICP
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Management:
Project
Managere
Brad Wiseman
Planning Manager
[ 3 Quasi-Judicial
[XI Legislative
[ XI Public Hearing
Advertised:
Date: December 1,
2006
Paper: Palm Beach Post
[ X 3 Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Costs: $-N/A
Total
$- NIA-
Current FY
Funding Source:
[ 3 Operating
[XI Other NIA
Budget Acct.#:
NA
LDRC Action:
[N/A] Approved
[N/A] App. w/ conditions
[N/A] Denied
[ 3 Rec. approval
[ 3 Rec. app. w/ conds.
[ 3 Rec. Denial
[N/A] Continued
to:
Attachments:
0 Ordinance 1, 2007
0 Subdivision I. Art in
Public Places (Section
78-261; Section 78-262)
BACKGROUND
On January 19, 1989, the City Council adopted Ordinance 46,1988, which created the Art in Public
Places fee requirement, which set a 2% art fee requirement for private development with a
$1,000,000.00 minimum vertical construction cost, and was later amended to 1 % on September 23,
1993, through the adoption of Ordinance 12,1993. The City further updated the Art in Public Places
program, as a whole, through the adoption of Ordinance 19,199 1 ; Ordinance 36,1991 ; Ordinance 9,
1998; Ordinance 12, 1999; Ordinance 14, 1999; Ordinance 17, 2000; Ordinance 11, 2002; and
Ordinance 17,2004.
The most recent amendment in 2004 was not to Subdivision I. Art in Public Places, as is the case
with this petition. Ordinance 17,2004, rather, repealed the former Article I11 of Chapter 2, Code of
Ordinances entitled Boards, Committees and Commissions in its entirety and adopted a new Article
111, including Division 2 entitled “Art in Public Places Advisory Board.”
The latest amendment to Subdivision I. Art in Public Places was in 2002, and it clearly defined that
all buildings within planned unit developments and planned community districts would be assessed
cumulatively towards the art in public places requirement.
The current City-initiated code amendment to Subdivision I. Art in Public Places, Sec.78-261 and
Sec. 78-262, is intended to clarify and rearrange the existing language, and include new language
with the purpose ofproviding a more cohesive and comprehensive section that can more effectively
implement the Art in Public Places Program. Therefore, Sec. 78-261 and Sec. 78-262 are repealed
and are rewritten as Sec. 78-261, Sec. 78-262 and Sec. 78-263.
CITY CODE AMENDMENT
This City Code amendment clarifies and updates the art in public places program definitions,
procedures, and requirements.
Section 78-26 1 is amended to state the following: (Deletions are &R&, new language is underlined):
.. Sec. 78-261. B&&eiw- Art in Public Places Requirements
(a) Definitions. The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this division, except where the context clearly indicates a different
meaning.
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
(1) Construction cost means total costs of buildings constructed on the site. This includes .. .. total vertical construction of all buildings on a project site.
2
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
Staff note:
The stricken language above is modified and is relocated to the newly created paragraph (d)
Requirements-for art or fee-in-lieu of art.
(2) Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
(3) Art, Artwork, or Works ofart mean all tan~ible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of the visual arts
conceived in any medium, material, or combination thereof, including, but not limited to,
painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages,
mosaics, bas-reliefs, tapestries, photographs, drawings, artist-desipned seating, or other
functional art pieces and collaborative design projects between architects and/or
landscape architects and artists:, together with all hard costs and sol? costs such as, but
not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated
with the art and approved by the growth management administrator. The city council
shall not consider for approval art obiects which are mass-produced in unlimited
quantities.
Staff note:
The purpose of the modifications to the definition of art, artwork or works of art is to clarify that art - is created by an artist or artists, and is not mass-produced in unlimited quantities. This would
provide for more original and creative works of art throughout the City, by excluding mass-produced
art objects, which are not necessarily created by an artist, and are produced and distributed in mass
quantities. Also, artist designed seating is being added as one of the possible works of art, which is
consistent with such works of art that have been previously approved by the Art in Public Places
Advisory Board, and the City Council. In addition, costs associated with the work of art, which have
been included in the art budget, are included in the definition for clarification purposes.
(4) Artist or professional artist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person’s status as a professional artist include, but are not limited to,
training in the arts, income realized through the sole commission of artwork, frequent or
consistent art exhibitions, placement of artwork in public institutions or museums, and
receipt of honors and awards in the art field.
Staff not e :
The current code does not contain a definition for an artist. Therefore, this definition sets the
standard, which the Art in Public Places Advisory Board and the City Council will use to determine
if the proposed art is created by an actual artist. In addition, this definition sets forth that the
applicant would have to prove that the work is being created by an artist, further avoiding approval
of art that is not created by an artist. 0
3
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
{b) Application Requirements. The applicant shall provide the information described below and
any additional information requested by the growth management department necessary to review the
application pursuant to the standards of the code.
(1) Application forrns. The application shall be made on forms provided by the growth
management department.
(2) Artist information. Portfolio containing photographs of the artist’s existing work,
exhibition andatory. and biographx
(3) Miscellaneous plans, renderings, and details. Artist’s color renderings and/or
photomaphs of proposed artwork; materials sample board; site plan depicting the
proposed location of the artwork; landscape plan, if necessary, depictinp additional
landscapinp or modifications to existing landscaping; architectural elevations, if
necessary, depicting structures associated with the artwork; lightinn location plan and
light fixture details: or other information requested by staff, the art in public places
advisory board, or the city council. All submittals shall be required to provide an
accurate representation of the proposed artwork.
Staff note:
The addition of the application requirements listed above is to clarify the current submittal process.
The majority of the above-referenced documents are currently submitted with the Art in Public
Places applications; the added section will codify these existing requirements. This language will
ensure that the applicants will be well informed of the submittal requirements.
(cJ Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
@fa@ . Requirements for art or fee in lieu ofart. All new
development, except city proiects, where total vertical construction costs of all buildings on a proiect
site are equal to or greater than $1,000,000.00 shall provide art valued in an amount of one percent of
the total vertical construction costs, as provided in this section and section 78-262. All buildings
within planned unit developments and planned community districts shall be assessed cumulatively
towards the art in public places requirement, even if they are permitted separately. If the aggregate
cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall
contribute the required one percent of construction cost towards art in public places for the building
project. The art fee for redevelopment of an existinp building shall be calculated based on the
construction costs of the new development excluding the assessed value of the existing buildings that
are replaced or redeveloped.
Staff note:
The newly created paragraph (d) emphasizes the current requirement, and provides further
clarification through the inclusion of the relocated language that is stricken from the Construction
cost definition. In addition, new language is included to address how the art fee would be calculated
for sites that are being redeveloped.
4
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
(1) Paewe& Private Development. A private developer may choose either to provide
artwork on the project site or to contribute one percent of the total vertical construction
costs to the city’s art impact fund.
Staff note:
The language listed above is currently referenced in Section 78-262(a) and (c). The change in the
language above is made in order to clarify the current code provisions for artwork that is required for
private development, by combining the existing language into one sentence. The minor modification
is still consistent with the existing language, which allows the developer to have the option to either
place art on their site, or provide money in-lieu of art.
a. Contribution of art. If the developer chooses to provide artwork, the art in public
places advisorv board shall review the proposed artwork and shall recommend to the
city council whether to approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division. The artwork shall
be provided as follows:
Staff note:
The new language above is intended to clarify the current code by stating clearly what action the Art
in Public Places Advisory Board can take. The actions stated in the above paragraph are consistent ~-
with the current procedures of the Art in Public Places Advisory Board.
- 1. Deposit of funds. The developer shall submit b-&e-&y documentation 0
to the city showing that a deposit was made with the developer’s attorney into
an escrow account in an amount of money equal to the art fee prior to the
issuance of the first building permit. The developer’s attorney will furnish
the city documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the developer and the artist
or artists, ofy the developer’s arts consultants. The developer’s attorney will
provide the city a final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of artwork.
Staff note:
The language in this paragraph remains unchanged. The language is currently located in Section 78-
262(a)( 1).
- 2. Surplus balance. Any surplus balance existing in the escrow accounts
after the developer has installed the required artwork shall be collected by the
city. The surplus balance shall be held in a segregated, interest-bearing fund
(the “art impact fund”), and shall be used for the provision of additional art
work at the construction site or another site within the city. Use ofsuch funds
shall be determined by the city council, following a recommendation by the
art in public places advisory board, and shall be in accordance with further
provisions of this division.
5
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
Staff note:
The language in the paragraph listed above is currently located in Section 78-262(a)(2), and remains
unchanged with the exception of the addition of (the “art impact fund”) language, which is intended
to clarify the interest-bearing fund, and the language that a recommendation needs to be made by the
Art in Public Places Advisory Board before Council makes a final decision.
- 3. Artist selection. The selection and commissions of the artists shall be by
written contract between the developer and artists.
Staff note:
The language above remains unchanged. The language is currently located in Section 78-262(a)(3).
4- Art consultant. The developer may utilize up toupercent of the required
fee to retain an art consultant to assist in the selection and procurement of
required artwork; an additional 3 percent of the required fee shall be used to
pay the city for administering the art in public places promam. The art
consultant shall have no financial relationship with the artist, nor any
ownership in artwork purchased by the developer. The artist shall be allowed
to act as the art consultant for the art petition, but shall be precluded from
receiving the art consultant fee.
Staffnote:
The language in the paragraph listed above is currently located in Section 78-262(a)(4), and is
amended in order to reduce the percentage that the developer may utilize to retain an art consultant
from 15 percent to 12 percent. The 3 percent difference will now be allocated to administer the Art
in Public Places program. In addition, in cases where the artist would like to serve as the art
consultant, it is staffs professional opinion that this may provide for a conflict of interest, and
therefore, new language has been added to prevent the artist from receiving the art consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of the final
certificate of occupancy for a proiect, the developer shall submit a revised
construction cost certification. If the final cost of the vertical construction for
the entire project is higher than the cost figure used to calculate the
preliminary art budget, the art budget shall be increased as necessary to
equal one percent of the actual defined total vertical construction cost for the
project. The art budget mwt mbe revised within 30 calendar days of any
such changes. The increase in the art budget due to the final increase of the
vertical construction cost for the entire proiect shall be placed in the city art
impact fund, or shall be used for the provision of art on site, at the option of
the developer.
Staff note:
The language in the paragraph listed above is currently located in Section 78-262(a)(5). It is being
modified to clarify that the cost overrun is that of the final vertical construction cost for the entire
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
project. In addition, the new language specifies that increases in the art budget can either be placed
in the art impact fund, or the developer can use it for the provision of art on the site. For example, if
a project has an original vertical construction cost of $5,000,000.00, and the final vertical
construction cost is $6,000,000.00, the increase in the vertical construction cost would be
$1,000,000.00, therefore, 1 % of $1,000,000.00 is $10,000. The art budget would be increased by
$10,000, which shall be placed in the art impact fund, or shall be utilized towards placement of art
on site.
- 6. Appraisal. To establish the value of art submitted to comply with this
division, the city may twt is 2
e&kmt++employ an independent art appraiser to provide a written
appraisal of the art submitted. Such appraisal will be paid for by the
developer as part of the overall art contribution.
Staff note:
The language in the paragraph listed above is modified. It is currently in Section 78-262(g).
- 7. Artwork purchased pursuant to the requirements of this section belongs to
the property owner, and shall be insured and maintained in good condition at
all times as determined by the city’s code enforcement official. Maintenance
shall include any associated landscaping or related improvements. The city
has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance.
Staff note:
The language in the paragraph above currently exists in Section 78-261 (6) and Section 78-262(e)(3).
The existing language is modified to state that the City’s Code Enforcement official will assure that
there will be compliance with the above-stated requirements.
8. Unless an alternative deadline is established in a development order, no
certificate of occupancy for the proiect shall be issued until the artwork is
installed and the final certification and accounting of the payment of the
escrow fees has been provided. Artwork installed in accordance with this
division cannot be altered or removed from the site without approval of the
city council.
Staff note:
The first sentence in the paragraph listed above is included to ensure that the art will be installed on
site. It is also intended to ensure that in the case where the applicant has drawn finds from their
escrow account, their attorney would present the City with a final accounting of the withdrawals
prior to the issuance of the escrow release letter by the City.
9. The artist of approved artwork shall grant to the City of Palm Beach
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
Gardens an unlimited, perpetual, non-exclusive, royalty-free, irrevocable
license to reproduce and distribute two-dimensional reproductions of the
artwork for city-related purposes, and grant to the city the exclusive
irrevocable ownership rights in any trademark, service mark, or trade dress
ribts regarding the artwork, pursuant to a license that shall be approved by
the city attorney. City approval of the artwork shall be deemed to be a grant
of the artist for authorization by third parties to review and reproduce
documents provided by the artist to the city which are deemed to be public
records pursuant to public record laws of the state.
Staff note:
The paragraph listed above is being added to codify the current artist release form requirement. For
example, the artist release form has to be signed by artists who would like to be part of the City’s
postcard series that showcases the Art in Public Places in the City.
10. Review by the art in public places advisory board.
A. Workshop. The applicant shall appear before the art in public
places advisory board in order to receive guidance in the initial stages
of the review. In this case, the applicant shall choose between two
types of review described below:
i. The applicant may appear before the board in order to
receive more detailed direction, if the applicant does not have
a set direction, prior to receiving a final recommendation by
the board. The applicant is strongly encouraged to submit the
portfolios of up to three artists. The portfolios shall contain
photographs of the artists’ existing works, as well as the
artists’ biographies; or
ii. The applicant may have a set direction regarding the
artwork and may appear before the board for preliminary
comments prior to receiving the board’s final
recommendation. The applicant shall submit the portfolio of
the proposed artist which shall contain photoFraphs of the
artist’s existing works, as well as the artist’s biography.
Staff note:
The current code does not contain language regarding the Art in Public Places review process. The
new language listed above requires the workshop stage of the review to be mandatory, and is
intended to assist the applicant at the beginning of the review process. It is staffs professional
opinion that the Art in Public Places program is beneficial to the City. Therefore, the applicants that
come before the Board should be assisted throughout the process, and made aware of the policies and
procedures to be adhered to. It is to be understood that some applicants may feel strongly about their
choice of an artist. Therefore, the workshop review is designed so that the applicant can have two
review options. The Art in Public Places Advisory Board still makes a final recommendation to the
City Council, which is the ultimate decision-making body. 0
8
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
B. Criteria for review of artwork by the board. In making its
recommendation to the city council, the board shall consider the
quality of the artwork; the exhibition and sales history of the artist;
the artist’s works in public collections and previous public art
purchases or commissions; the ability of the artist to complete the
project within a specified schedule; and the compliance with the
standards of this division.
Staff note:
The paragraph above was previously deleted from the Art in Public Places section of the Code of
Ordinances. It is staffs professional opinion that it should be added to this latest revision, in order to
set review criteria that the Board will follow.
- C. Guidelines. The art in public places advisory board may adopt art
in public places implementation guidelines to assist both the public
and private sector planning activities.
Staff note:
The language listed above exists and is currently located in Section 78-261 (c)(4). The Art in Public
Places Advisory Board can draft implementation guidelines, which are nonbinding, but are effective
in informing the applicants of the preferences of the Board’s criteria. The guidelines would further
facilitate the review process.
1 1. Review by Staff. In makin? recommendations to the art in public places
advisory board and to the city council, staff shall consider the standards of
this division in association with sound planning principles.
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Staff note:
The current code is not clear on the criteria staff applies to the proposed art during the review
process. Therefore, this language has clarified staffs review procedures.
12. In the case of redevelopment of a property which has contributed artwork
on the site pursuant to this article, the artwork may be replaced, at the option
of the developer, with new artwork pursuant to this article, or the existing
artwork may remain on the site. In the latter case, the value of the existing
artwork and its placement must comply with this article as if it were new
artwork.
Staff note:
The language above is being included to address a future issue, which with time is inevitable in any
municipality. Staff is being proactive in approach by including language that will address existing
art that is located on sites in the City, which may be proposed for redevelopment. This will give the
developer an option to either replace art on the site with new art, or keep the existing art. In both
instances, the 1% requirement for vertical construction equal or exceeding $1,000,000.00 would be
required.
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
b. Fee in lieu of artwork. Instead of providing artwork on the proiect site, a
developer may choose to contribute one percent of the total vertical construction
costs as the required art fee. If the contribution is made, the contribution shall be
placed in the city’s art impact fund and used as provided in section 78-26 1 (d)2. The
contributor shall have no input in the use of such funds.
Staff note:
The language in the paragraph stated above is currently in Section 78-262(c), and is being clarified to
indicate that the construction cost is for vertical construction, and to identify the City’s art account as
the art impact fund. This further clarifies how the contribution shall be used by specifying the
section of the code to be applied.
(2) Use of fee in lieu of artwork. When the developer provides a fee in lieu of artwork
pursuant to Section 78-261/d)(l)b.. the following shall apply to the use of the funds:
Staff note:
The language in the paragraph listed above is mentioned in the existing Section 78-262(a). This new
paragraph clarifies that the fee in lieu of artwork provided by the developer shall follow the specified
criteria listed in the section.
- a. The fee shall be placed in the city’s art impact fund.
Staff note:
The language listed above is currently referenced in Section 78-262(c), and is unchanged with this
amendment .
Artist selection. The selection and commissions of the artists and artwork shall be
by written contract between the city and artists.
Staff note:
The sentence listed above currently exists in Section 78-262(c)( I), and is unchanged with this
amendment.
- c. Use of purchased art. All artwork purchased by the city,required art fee
contribution shall be displayed on city-owned land, a city-owned building, or a city-
leased or rented facility. The artwork shall be displayed in a visually accessible
location, which shall be suitable to the design of the site, in order for the public to
receive the most enjoyment and benefit from the art.
Staff note:
The first sentence of the paragraph listed above currently exists in Section 78-262(~)(2). The second
sentence has been amended, because all sites are not designed identically. Therefore, it is staffs
professional opinion that a greater degree of flexibility should be allowed when determining the
placement of the art. This would allow for the possibility of a more creative location for the
10
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
placement of the art. For example, a pedestrian plaza within a development with a mix of uses may
be more appropriate for art than a portion of the site that does not lend itself to pedestrian traffic.
One such example is of the Thomas Jefferson sculpture, which was approved in the plaza at Mirasol
Town Square. The current location is accessible to pedestrian traffic, allowing the pedestrians to be
able to enjoy and reflect upon the art. The art is also visible to vehicular traffic that enters the site. If
the art was placed along Jog Road, where the greatest number of passers-by would have been,
pedestrians would not have been able to have maximum enjoyment of the art.
- d. Art consultant. The city may utilize up to a maximum of 15 percent of the funds
allocated from the art account for any particular city facility to retain an art consultant
to assist in the selection and installation of artwork. The artist shall be allowed to act
as the art consultant, but shall be precluded fi-om receivinp the art consultant fee.
Staff note:
The first sentence of the paragraph included above currently exists in Section 78-262(~)(3). The
second sentence is added to prevent a possible conflict of interest.
- e. Proper insurance coverage shall be maintained by the city on artwork purchased
with funds generated by this article or on artwork whose ownership has been
transferred to the city. The artwork owned by the city shall be maintained by the city.
Staff note:
The language included above is partially stated in Section 78-262(e)(3) and (0. This paragraph - clarifies the intention of the code.
(3J Art Impact Fund. The art in public places board shall make a recommendation to the
city council on how the art fees collected under this article may be spent. Funds from
the art impact fund may be spent anywhere in the city, and such funds may be spent
on any art or art-related costs such as, but not limited to, lighting, consulting;,
landscaping, aesthetic features or enhancements. Only the city council shall approve
how such funds are spent.
Staff note:
The current code does not have language that specifies how the art impact fund can be utilized.
Therefore, the paragraph listed above establishes this practice.
Section 78-262 entitled “Fee imposed on developments.” is repealed and renamed “Standards for
artwork. ”
Section 78-262 is amended to state the following: (Deletions are ski&, new language is underlined):
Sec. 78-262. Standards for artwork.
(aJ Artwork shall be displayed in a visually accessible location, which shall be suitable to the
design of the site, in order for the public to receive the most enjoyment and benefit from the art.
Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
a Staff note:
All sites are not designed identically, and therefore, it is staffs professional opinion that a greater
degree of flexibility should be allowed when determining the placement of the art, in order for the
public to be able to appreciate the art on site. For example, a pedestrian plaza within a Mixed-Use
development may be more appropriate for art than a portion of the site that does not lend itself to
pedestrian traffic.
(b) Artwork shall be integrated into the overall planning and design for a structure or project,
and shall be compatible with the intent and purpose of the structure at which the work or works are
located.
Staff note:
The language in this paragraph is unchanged with the amendment. The language is currently located
in Section 78-261(c)(5)b.
(c) Artwork shall be integrated into the overall landscaping plan, and landscaping shall be
utilized to enhance the visibility of such works.
Staff note:
The language in the sentence above is unchanged. The language is currently located in Section 78-
261 (c)(5)c. a
(d) Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall be
designed and located in order to prevent excessive lighting, energy waste, glare, light trespass and
sky glow.
Staff note:
The language above is proposed to be modified to address any negative effects that may be
associated with the lighting for the artworks. The existing art lighting requirement is located in
Section 78-261 (c)(S)d.
(eJ Artwork installed pursuant to the division cannot be altered or removed from the site without
approval of the city council.
Staff note:
The language in the sentence above currently exists in Section 78-262(e)(3) and is not being altered.
a Maintenance. Artwork shall be maintained in good conditions at all times, including any
associated landscaping or related improvements.
Staff note:
The language in the sentence above remains unchanged; it currently exists in Section 78-261(6).
0 All artwork purchased by the city required art fee contribution shall be displayed on city-
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
owned land, a city-owned building, or a city-leased or rented facility.
Staff note:
The language above currently exists in Section 78-262(~)(2), and is unchanged with this amendment.
(h) Zoning and Buildingconsideration. Consideration shall be given to project zoning. Permits
and building approval shall be obtained, when necessary, and shall be in compliance with the Florida
Building Code, the National Electric Code and the previously approved plans by city council.
Staff note:
The language above currently exists in Section 78-261(~)(2), and is being modified to specifically
state that permits, which are submitted for construction review are consistent with the plans that were
approved by the City Council, and are in compliance with the above-referenced applicable codes.
Section 78-263 is created to state the following: (Deletions are &m&, new language is underlined):
Sec. 78-263. Waiver of Requirements.
Waiver. The city council may waive the requirements contained in this division,
utilizing the standards contained herein. Promotion of the general welfare of the city shall be
a major factor in the waiver or reduction of fees.
Staff note:
As the City develops, redevelopment may commence in the near future. Therefore, redevelopment
should not be excluded from the Art in Public Places fee requirement. Providing art on site would
further enhance the redeveloped project.
W(b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement in excess of existing requirements shall be
factors to be considered in the waiver process.
(4) (cJ Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. The impact of proposed improvements on the appearance and utility of an
existing structure;
b. The impact of proposed improvements on existing and potential tenants or
businesses; and
c. The probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
(5) (d) Credit for expenditures.
if; (1) Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
& (2) Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city council
may not authorize more than 50 percent credit for the cost of installing new or
replacement landscaping. Unusual cost of individual plantings or groups of plantings,
such as rare exotics, shall not be considered as the sole factor for credit.
Staff note:
The language above currently exists in Section 78-262(h)( 1)(2)(3)(4) and (9, and is unchanged with
this amendment.
Staff note:
The provision of art on a site enhances the look of the site, as well as the overall image of the City.
Therefore, it is staffs professional opinion that contribution towards placement of art, or the actual
provision of art on site should be encouraged. Therefore, the language in (i) and (j) has been
stricken.
ART IN PUBLIC PLACES ADVISORY BOARD
On June 22,2006 the AIPP Board reviewed the proposed AIPP amendment. The comments made by
the AIPP Board are included below, and staffs responses are in italics.
The AIPP Board asked staff to clarify when the art fee was changed from 2% to 1%.
The art fee was amended.from 2% to 1% on September 23, 1993, through the adoption of
Ordinance 12, 1993, which is rejlected in the “Background” ofthe stafreport.
The AIPP Board asked staff to insert additional language related to artist designed seating.
Staffhas addressed this comment by adding “or other functional artpieces” to the works of
art definition.
The AIPP Board asked staff to evaluate the language regarding mass-produced art in
unlimited quantities.
It is stars professional opinion that the language should remain as initially proposed. The
current code does not contain provisions limiting art that is mass-produced in unlimited
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Petition: LDRA-06-06-000007
Date prepared: November 14,2006
Meeting Date: December 12,2006
4)
5)
7)
quantities. This language will prevent the approval of art objects that one might be able to
purchase in a garden shop, but will not limit works of art that are produced by an artist and
are part of a limited edition. There is additional language under the works of art definition
that has been added, which states that the artwork has to exhibit the highest quality of skill
and aesthetic principles. It is important to note that there are smaller projects, which may
not have large budgets, and the prospect of commissioning an original work of art may not
be plausible, and may lower the quality of the art. In addition, there are works of art by
world renowned artists that are produced in limited editions, and therefore staff feels
strongly that the language in the code should not limit such a possibility.
The AIPP Board asked staff to add language under the Miscellaneous plans, renderings, and
details paragraph, in order to assure that the submitted plans are accurate.
Staff has addressed this comment by adding the following language at the end of the
paragraph: “or other information requested by sta8 the art in public places board, or city
council. All submittals shall be required to provide an accurate representation of the art. ”
The AIPP Board asked staff to insert additional language which clarifies that the City
Council shall determine the use of the art impact fund following a recommendation by the
AIPP Board.
Staff has added the proposed language.
The AIPP Board asked staff to define what constitutes an art consultant.
It is stars professional opinion that should a definition be provided, this may pose a
problem by limiting the type of representation that may be available to the developer.
Furthermore, staffis unaware of otherpublic artprograms that have a spec@ definition for
an art consultant.
The AIPP Board asked staff to add language that states that the applicant is strongly
encouraged to submit the portfolios of up to three artists under the second option of the
workshop process, and switch the order of paragraph one and two.
Staf has addressed the AIPP Board’s comments and revised the proposed amendment
accordingly.
ART IN PUBLIC PLACES ADVISORY BOARD ACTION
On July 18,2006 the Art in Public Places Advisory Board reviewed petition LDRA-06-06-000007
and recommended approval to the City Council with a 7-0 vote without modifications.
STAFI; KECOMR/IENDATIOIV
Staff recommends approval of petition LDRA-06-06-000007.
15
ORDINANCE 1,2007
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ART IN PUBLIC
PLACES TO CLARIFY AND UPDATE THE PROCEDURES AND
GUIDELINES APPLICABLE TO THE CITY’S ART IN PUBLIC
0 R D I NAN C E S EN T I T LE D “ D E F I N IT I 0 N S ” ; REP E AL I N G SECT I 0 N
PLACES PROGRAM; REPEALING SECTION 78-261, CODE OF
78-262, CODE OF ORDINANCES ENTITLED “FEE IMPOSED ON
DEVELOPMENTS”; CREATING A NEW SECTION 78-261, CODE
REQUIREMENTS”; CREATING A NEW SECTION 78-262, CODE OF
CREATING A NEW SECTION 78-263, CODE OF ORDINANCES TO
OF ORDINANCES TO BE ENTITLED “ART IN PUBLIC PLACES
ORDINANCES TO BE ENTITLED “STANDARDS FOR ARTWORK”;
BE ENTITLED “WAIVERS”; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens
contains provisions for an Art in Public Places program, at Chapter 78, Division 6
“Public Places,” Subdivision I. “Art in Public Places”; and
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Date Prepared: October 19, 2006
WHEREAS, the Art in Public Places fee requirement was established by
Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in
Public Places requirement; and
WHEREAS, the City updated the Art in Public Places program through the
adoption of Ordinance 17, 2000 and the adoption of Ordinance 11, 2002; and
WHEREAS, the City Council, through the adoption of Ordinance 17, 2004,
repealed the former Article Ill of Chapter 2, Code of Ordinances entitled “Boards,
Committees and Commissions” in its entirety and adopted a new Article Ill, including
Division 2, entitled “Art in Public Places Advisory Board,” which created the Art in Public
Places Advisory Board, its purpose, powers, and duties, and the number, qualifications,
and terms of office of the members thereof; and
WHEREAS, the City Council has determined that it is necessary to repeal
Subdivision I. “Art in Public Places” to clarify and update the procedures and the
guidelines applicable to the art in public places program; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Art in Public Places Advisory Board on July 18, 2006, which recommended its
approval by a vote of 7-0; and
Date Prepared: October 19, 2006
Ordinance 1,2007
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WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board, sitting as the Land Development Regulations
Commission, at a public hearing on December 12, 2006, which recommended its
approval by a vote of ; 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.
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 78-261, Code of Ordinances entitled “Definitions” and 78-
262, Code of Ordinances entitled “Fee imposed on developments” are hereby repealed
in their entirety; and
SECTION 3. Section 78-261, Code of Ordinances entitled “Art in Public Places
Requirements,” is created to read:
Sec. 78-261. Art in Public Places Requirements.
(a) Definitions. The following words, terms, and phrases, when used in this
division, shall have the meanings ascribed to them in this division, except where the
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Construction cost means total costs of buildings constructed on the
site. This includes total vertical construction of all buildings on a
project site.
Development means any capital project to construct or remodel any
private or public development, except residential, or any portion
thereof within the limits of the city, where total construction cost
equals or exceeds $1,000,000.00.
Art, Artwork, or Works of art mean all tangible creations by artists
exhibiting the highest quality of skill and aesthetic principles and
includes all forms of the visual arts conceived in any medium,
material, or combination thereof, including, but not limited to,
painting, sculpture, fountains, engraving, carving, frescos, mobiles,
murals, collages, mosaics, bas-reliefs, tapestries, photographs,
drawings, artist-designed seating, or other functional art pieces and
collaborative design projects between architects andlor landscape
architects and artists, together with all hard costs and soft costs such
as, but not limited to, lighting, landscaping, or other aesthetic effects
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or enhancements integrated with the art and approved by the growth
management administrator. The city council shall not consider for
approval art objects which are mass-produced in unlimited quantities.
(4) Artist or professional artist means a practitioner in the visual arts,
generally recognized by critics and peers as a professional of serious
intent and ability. Indications of a person’s status as a professional
artist include, but are not limited to, training in the arts, income
realized through the sole commission of artwork, frequent or
consistent art exhibitions, placement of artwork in public institutions
or museums, and receipt of honors and awards in the art field.
(b) Application Requirements. The applicant shall provide the information
described below and any additional information requested by the growth
management department necessary to review the application pursuant to the
standards of the code.
(I) Application forms. The application shall be made on forms provided
by the growth management department.
(2) Artist information. Portfolio containing photographs of the artist’s
existing work, exhibition and sales history, and biography.
(3) Miscellaneous plans, renderings, and details. Artist’s color
renderings and/or photographs of proposed artwork; materials
sample board; site plan depicting the proposed location of the
artwork; landscape plan, if necessary, depicting additional
landscaping or modifications to existing landscaping; architectural
elevations, if necessary, depicting structures associated with the
artwork; lighting location plan and light fixture details; or other
information requested by staff, the art in public places advisory
board, or the city council. All submittals shall be required to provide
an accurate representation of the proposed artwork.
(c) provided in article VII.
Violations. Violation of this chapter shall be subject to enforcement as
(d) Requirements for art or fee in lieu of art. All new development, except city
projects, where total vertical construction costs of all buildings on a project site
are equal to or greater than $1,000,000.00 shall provide art valued in an amount
of one percent of the total vertical construction costs, as provided in this section
and section 78-262. All buildings within planned unit developments and planned
community districts shall be assessed cumulatively towards the art in public
places requirement, even if they are permitted separately. If the aggregate cost
of the entire project exceeds the $1,000,000.00 threshold, each phase of
development shall contribute the required one percent of construction cost
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Date Prepared: October 19, 2006
Ordinance 1.2007
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towards art in public places for the building project. The art fee for
redevelopment of an existing building shall be calculated based on the
construction costs of the new development, excluding the assessed value of the
existing buildings that are replaced or redeveloped.
(I) Private Development. A private developer may choose either to
provide artwork on the project site or to contribute one percent of the
total vertical construction costs to the city’s art impact fund.
a. Contribution of art. If the developer chooses to provide artwork,
the art in public places advisory board shall review the proposed
artwork and shall recommend to the city council whether to
approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division.
The artwork shall be provided as follows:
1.
2.
Deposit of funds. The developer shall submit documentation
to the city showing that a deposit was made with the
developer‘s attorney into an escrow account in an amount of
money equal to the art fee prior to the issuance of the first
building permit. The developer’s attorney will furnish the city
documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the
developer and the artist or artists, or the developer‘s arts
consultants. The developer’s attorney will provide the city a
final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of
artwork.
Surplus balance. Any surplus balance existing in the escrow
accounts after the developer has installed the required
artwork shall be collected by the city. The surplus balance
shall be held in a segregated, interest-bearing fund (the “art
impact fund”), and shall be used for the provision of
additional art work at the construction site or another site
within the city. Use of such funds shall be determined by the
city council, following a recommendation by the art in public
places advisory board, and shall be in accordance with
further provisions of this division.
3. Artist selection. The selection and commissions of the
artists shall be by written contract between the developer
and artists.
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4. Art consultant. The developer may utilize up to 12 percent
of the required fee to retain an art consultant to assist in the
selection and procurement of required artwork; an additional
3 percent of the required fee shall be used to pay the city for
administering the art in public places program. The art
consultant shall have no financial relationship with the artist,
nor any ownership in artwork purchased by the developer.
The artist shall be allowed to act as the art consultant for the
art petition, but shall be precluded from receiving the art
Consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of
the final certificate of occupancy for a project, the developer
shall submit a revised construction cost certification. If the
final cost of the vertical construction for the entire project is
higher than the cost figure used to calculate the preliminary
art budget, the art budget shall be increased as necessary to
equal one percent of the actual defined total vertical
construction cost for the project. The art budget shall be
revised within 30 calendar days of any such changes. The
increase in the art budget due to the final increase of the
vertical construction cost for the entire project shall be
placed in the city art impact fund, or shall be used for the
provision of art on site, at the option of the developer.
6. Appraisal. To establish the value of art submitted to comply
with this division, the city may employ an independent art
appraiser to provide a written appraisal of the art submitted.
Such appraisal will be paid for by the developer as part of
the overall art contribution.
7. Artwork purchased pursuant to the requirements of this
section belongs to the property owner, and shall be insured
and maintained in good condition at all times as determined
by the city’s code enforcement official. Maintenance shall
include any associated landscaping or related
improvements. The city has the right to maintain any art it
deems improperly maintained and charge the owner the cost
of such maintenance.
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Date Prepared: October 19, 2006
Ordinance 1,2007
8. Unless an alternative deadline is established in a
development order, no certificate of occupancy for the
project shall be issued until the artwork is installed and the
final certification and accounting of the payment of the
escrow fees has been provided. Artwork installed in
accordance with this division cannot be altered or removed
from the site without approval of the city council.
9. The artist of approved artwork shall grant to the City of Palm
Beach Gardens an unlimited, perpetual, non-exclusive,
royalty-free, irrevocable license to reproduce and distribute
two-dimensional reproductions of the artwork for city-related
purposes, and grant to the city the exclusive irrevocable
ownership rights in any trademark, service mark, or trade
dress rights regarding the artwork, pursuant to a license that
shall be approved by the city attorney. City approval of the
artwork shall be deemed to be a grant of the artist for
authorization by third parties to review and reproduce
documents provided by the artist to the city which are
deemed to be public records pursuant to public record laws
of the state.
IO. Review by the art in public places advisory board.
A. Workshop. The applicant shall appear before the art in
public places advisory board in order to receive guidance
in the initial stages of the review. In this case, the
applicant shall choose between two types of review
described below:
i. The applicant may appear before the board in order
to receive more detailed direction, if the applicant
does not have a set direction, prior to receiving a
final recommendation by the board. The applicant
is strongly encouraged to submit the portfolios of up
to three artists. The portfolios shall contain
photographs of the artists’ existing works, as well as
the artists’ biographies; or
ii. The applicant may have a set direction regarding
the artwork and may appear before the board for
preliminary comments prior to receiving the board’s
final recommendation. The applicant shall submit
the portfolio of the proposed artist which shall
contain photographs of the artist’s existing works,
as well as the artist’s biography.
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Ordinance 1,2007
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B. Criteria for review of artwork by the board. In making its
recommendation to the city council, the board shall
consider the quality of the artwork; the exhibition and
sales history of the artist; the artist’s works in public
collections and previous public art purchases or
commissions; the ability of the artist to complete the
project within a specified schedule; and the compliance
with the standards of this division.
C. Guidelines. The art in public places advisory board may
adopt art in public places implementation guidelines to
assist both the public and private sector planning
activities.
11. Review by Staff. In making recommendations to the art in
public places advisory board and to the city council, staff
shall consider the standards of this division in association
with sound planning principles.
12. In the case of redevelopment of a property which has
contributed artwork on the site pursuant to this article, the
artwork may be replaced, at the option of the developer, with
new artwork pursuant to this article, or the existing artwork
may remain on the site. In the latter case, the value of the
existing artwork and its placement must comply with this
article as if it were new artwork.
b. Fee in lieu of artwork. Instead of providing artwork on the project
site, a developer may choose to contribute one percent of the
total vertical construction costs as the required art fee. If the
contribution is made, the contribution shall be placed in the city’s
art impact fund and used as provided in section 78-261(d)(2).
The contributor shall have no input in the use of such funds.
(2) Use of fee in lieu of artwork. When the developer provides a fee in
lieu of artwork pursuant to Section 78-261 (d)(l)b., the following shall
apply to the use of the funds:
a. The fee shall be placed in the city’s art impact fund.
b. Artist selection. The selection and commissions of the artists and
artwork shall be by written contract between the city and artists.
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c. Use of purchased art. All artwork purchased by the city-required
art fee contribution shall be displayed on city-owned land, a city-
owned building, or a city-leased or rented facility. The artwork
shall be displayed in a visually accessible location, which shall be
suitable to the design of the site, in order for the public to receive
the most enjoyment and benefit from the art.
d. Art consultant. The city may utilize up to a maximum of 15
percent of the funds allocated from the art account for any
particular city facility to retain an art consultant to assist in the
selection and installation of artwork. The artist shall be allowed
to act as the art consultant, but shall be precluded from receiving
the art consultant fee.
e. Proper insurance coverage shall be maintained by the city on
artwork purchased with funds generated by this article or on
artwork whose ownership has been transferred to the city. The
artwork owned by the city shall be maintained by the city.
(3) Art Impact Fund. The art in public places board shall make a
recommendation to the city council on how the art fees collected
under this article may be spent. Funds from the art impact fund may
be spent anywhere in the city, and such funds may be spent on any
art or art-related costs such as, but not limited to, lighting, consulting,
landscaping, aesthetic features or enhancements. Only the city
council shall approve how such funds are spent.
SECTION 4. Section 78-262, Code of Ordinances entitled “Fee imposed on
developments” is repealed in its entirety.
SECTION 5. Section 78-262, Code of Ordinances to be entitled “Standards for
artwork” is created to read as follows:
Sec. 78-262. Standards for artwork.
(a) Artwork shall be displayed in a visually accessible location, which shall be
suitable to the design of the site, in order for the public to receive the most enjoyment
and benefit from the art.
(b) Artwork shall be integrated into the overall planning and design for a
structure or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
(c) Artwork shall be integrated into the overall landscaping plan, and
landscaping shall be utilized to enhance the visibility of such works.
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Ordinance 1,2007
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(d) Artwork shall be lighted at a minimum from dusk until midnight. The
lighting shall be designed and located in order to prevent excessive lighting, energy
waste, glare, light trespass, and sky glow.
(e) Artwork installed pursuant to the division cannot be altered or removed
from the site without approval of the city council.
(f) Maintenance. Artwork shall be maintained in good condition at all times,
including any associated landscaping or related improvements.
(9) All artwork purchased from the art impact fund shall be displayed on city-
owned land, a city-owned building, or a city-leased or -rented facility.
(h) Zoning and Building consideration. Consideration shall be given to project
zoning. Permits and building approval shall be obtained, when necessary, and shall be
in compliance with the Florida Building Code, the National Electric Code, and the
previously-approved plans by city council.
SECTION 6. A new Section 78-263, Code of Ordinances to be entitled “Waiver
of requirements” is created to read as follows:
Sec. 78-263. Waiver of Requirements.
(a)
division, utilizing the standards contained herein.
welfare of the city shall be a major factor in the waiver or reduction of fees.
Waiver. The city council may waive the requirements contained in this
Promotion of the general
(b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle
parking, if any, which provide substantial improvement in excess of existing
requirements shall be factors to be considered in the waiver process.
(c) when considering a request to waive or reduce required fees:
Criteria for waiver of fees. The city council shall consider the following
(1) The impact of proposed improvements on the appearance and utility
of an existing structure;
(2) The impact of proposed improvements on existing and potential
tenants or businesses; and
(3) The probability of the owner acquiring substantial or anchor tenants
to assist in relieving financial problems, excess vacancy rates,
dilapidated appearance, and similar problems.
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Date Prepared: October 19, 2006
Ordinance 1,2007
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(d) Credit for expenditures.
(1) Monies expended for the purpose of meeting minimum code or site
plan requirements shall receive no credit for payment of required
fees.
(2) Landscaping shall be considered a temporary improvement as
compared to a permanent structural improvement in determining a
monetary credit. The city council may not authorize more than 50
percent credit for the cost of installing new or replacement
landscaping. Unusual cost of individual plantings or groups of
plantings, such as rare exotics, shall not be considered as the sole
factor for credit.
SECTION 7. Codification of this Ordinance is hereby authorized and directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: October 19, 2006
Ordinance 1, 2007
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDlNANCESMlPP - Ord 1 2007.doc
11
Q 78-253 PALM BEACH GARDENS CODE
(4) Remoual ofnatiue uegelation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on-site is encouraged to
be offered for donation or to be sold by the applicant.
(Ord. No. 17-2000, Q 119, 7-20-00)
Secs. 78-254-78-260. Reserved.
DIVISION 6. PUBLIC PLACES
Subdivision I. Art in Public Places
Sec. 78-261. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this division, except where the context clearly indicates
a different meaning.
(1) Cohstruction cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site. All buildings within
planned unit developments and planned community districts shall be assessed
cumulatively towards the art in public places requirement, even if they are permitted
separately. If the aggregate cost of the entire project exceeds the $1,000,000.00
threshold, each phase of development shall pay the required one percent of construc-
tion cost towards art in public places for the building project.
Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains,
engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries,
photographs, drawings, and collaborative design projects between architects andlor
landscape architects and artists.
(2)
(3)
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
(c) Art in public places advisory board.
(1) Reserved.
(2) Zoning consideration. Consideration must be given to project zoning (as base specifi-
cations and wind tolerance for sculpture). Permits and building approval must be
obtained, when necessary.
*Editor's note-Formerly, div. 5. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 16 CD78:220
LAND DEVELOPMENT 0 78-262
(3) Reserved.
(4) Guidelines. The committee boardl shall adopt Art in Public Places Implementation
Guidelines to assist both public and private sector planning activities.
(5) Installation. Installation of artwork shall be guided by the standards listed below.
a.
b.
Artwork shall be installed to be visible to the maximum number of passers-by,
Artwork shall be integrated into the overall planning and design for a structure
or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
c. Artwork shall be integrated into the overall landscaping plan, and landscaping
shall be utilized to enhance the visibility of such works.
Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall
be illuminated from dusk until midnight.
d.
(6) Maintenance. Artwork shall be maintained in good conditions at all times, including
any associated landscaping or related improvements.
(Ord. No. 17-2000,§ 120,7-20-00; Ord. No. 11-2002, Q 1,3-21-02; Ord. No. 17-2004,§ 5,6-3-04)
Sec. 78-262. Fee imposed on developments.
(a) Fee. All budgets for the new construction of private and public developments in the city,
as specified in section 78-261, shall include an amount of one percent of the total budgets as
a fee for art in public places. The fee shall be imposed and paid as provided below.
(1) Deposit of funds. The developer shall submit to the city documentation showing that
a deposit was made with the developer's attorney into an escrow account in an amount
of money equal to the art fee prior to the issuance of the first building permit. The
developer's attorney will furnish the city documentation of the withdrawals for
payment of art fees in accordance with the terms of the contract between the developer
and the artist or artists, of the developer's arts consultant. The developer's attorney
will provide the city a final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of artwork.
Surplus balance. Any surplus balance existing in the escrow accounts aRer the
developer has installed the required artwork shall be collected by the city. The surplus
balance shall be held in a segregated, interest-bearing fund, and shall be used for the
provision of additional art work at the construction site or another site within the city.
Use of such funds shall be determined by the city council and shall be in accordance
with further provisions of the chapter.
(2)
(3) Artist selection. The selection and commissions of the artists shall be by written
contract between the developer and artists.
Supp. No. 16 CD78:221
0 78-262 PALM BEACH GARDENS CODE
\ ii, )
Y
(4) Arts consultant. The developer may utilize up to 15 percent of the required fee to retain
an arts consultant to assist in the selection and procurement of required artwork. The
arts consultant shall have no financial relationship with the artist, or any ownership
in artwork purchased by the developer.
Cost overruns. If the final project cost is higher than the cost figure used to calculate
the preliminary art budget, the art budget must be increased as necessary to equal one
percent of the actual defined total project cost. The art budget must be revised within
30 calendar days of any such changes.
(5)
(b) Location. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(c) Contribution of deueloper. Instead of providing the artwork on the project site, a
developer may choose to contribute one percent of the total construction costs as the required
art fee. If the contribution is made, the contribution shall be placed in the city's art account.
The contributor shall have no input in the use of such funds.
(1) Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
Use of purchased art. All artwork purchased by the city required art fee contribution
shall be displayed on city-owned land, a city-owned building, or a city-leased or rented
facility. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(3) Art consultant. The city may utilize up to a maximum of 15 percent of the funds
allocated from the art account for any particular city facility to retain an art consultant
to assist in the selection and installation of artwork.
(2)
(d) Guidelines. The selection and commissioning of artists shall be in accordance with the
art in public places implementation guidelines adopted by the art in public places advisory
board.
(e) Special art in public places advisory board.
(1) Reserved.
(2) Reserved.
(3) Ownership and maintenance. Artworks purchased pursuant the requirements of this
subdivision belong to the property owner, and must be insured and maintained.
Artworks purchased under subsection 78-262(c) are the property of the city and shall
be maintained by the city. Artwork installed in accordance with this chapter cannot be
altered or removed from the site without approval of the city council. When developer-
owned art is situated at or on property or facilities owned or occupied by the city, the
developer may transfer ownership to the city. Such art must be maintained by the city.
The city has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance.
Supp. No. 16 CD78:222
LAND DEVELOPMENT 0 78-262
(0 Insurance. Proper insurance coverage shall be maintained by the city on artworks
purchased with funds generated by this article or on artwork whose ownership has been
transferred to the city.
(g) Appraisal. Tb establish the value of art submitted to comply with this division, the art
in public places advisory board shall have the authority to employ an independent art
appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for
by the developer as part of the overall art contribution.
(h) Waiver of requirements.
Waiver. The city council may waive the requirements contained in this chapter,
utilizing the standards contained herein. Promotion of the general welfare of the city
shall be a major factor in the waiver or reduction of fees.
Existing structures. Required fees may only be waived in whole or in part provided an
existing complex is subject of extensive plans for redevelopment of the exterior of
existing structures, or buildings are demolished and replaced with square footage
equal to or less than that of original buildings.
Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement in excess of existing requirements shall
be factors to be considered in the waiver process.
Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. The impact of proposed improvements on the appearance and utility of an
existing structure;
The impact of proposed improvements on existing and potential tenants or
businesses; and
The probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
b.
c.
Credit for expenditures.
a. Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city
council may not authorize more than 50 percent credit for the cost of installing
new or replacement landscaping. Unusual cost of individual plantings or groups
of plantings, such as rare exotics, shall not be considered as the sole factor for
credit.
b.
(i) Architectural features. The city council may grant a partial credit toward required fees
when a project. contains unusual architectural features.
Supp. No. 16 CD78:223
5 78-262 PALM BEACH GARDENS CODE
(i) Aesthetic features. The city council, upon the recommendation of the art in public places
advisory board, may give a developer partial credit for an element of the project which supplies
creditable aesthetic features for the benefit of the public.
(Ord. No. 17-2000, 6 121, 7-20-00; Ord. NO. 17-2004, $4 1, 5, 6-3-04)
Secs. 78-263-78-270. Reserved.
DMSION 7. SIGNS*
Sec. 78-271. Intent and purpose.
The purpose of this division is to create the legal framework for a comprehensive and
balanced system of signage to facilitate an easy and pleasant communication between people
and their environment and to avoid the visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and community appearance. With
these purposes in mind, it is the intent of this division to authorize the use of signs, provided
they are compatible with their surroundings, appropriate to the activity that displays them,
expressive of the identity of the individual activities and the community as a whole, and legible
in the circumstances in which they are seen.
(Ord. No. 17-2000, Q 122, 7-20-00)
*Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 16 CD78:224
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: December 6,2006
Meeting Date: December 12,2006
Petition No. PPUD-06-10-000018
SubjecUAgenda Item:
Donald Ross Village Planned Unit Development (PUD) MISC-06-10-000018: Signage Waiver
Recommendation to City Council: A request by Marty Minor, of Urban Design Studio, on
behalf of Donald RossMilitary L.C., for approval of a waiver to allow for one (1) additional
flatlwall sign for tenants that have two or more elevations facing a right-of-way or primary
entrance within the Donald Ross Village PUD. The Donald Ross Village PUD is approximately
45 acres and is located along the south side of Donald Ross Road between Military Trail and
Central Boulevard.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning
Manager 8u
Brad Wiseman
Planning and Zoning
Director
Tala1 Benothman, AICP
City Attorney
Christine Tatum
Development
Compliance &
Bahareh Wolfs, AICP
Growth Manage
Administrator
Kara Irwin, AIC
Ketty Labossiere
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Management:
Project
Manager
Richard
Planner
~~~ ~
[XI Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ XI Not Required
Date: NIA
Paper: NIA
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Costs: $-N/A
Total
$- NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
PZAB Action:
[ 3 Approved
[ x ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ 3 Rec. app. w/ conds.
[ 3 Rec. Denial
[ 3 Continued to:
Attachments:
Project Narrative
Site Plan
Date Prepared: November 17,2006
Meeting Date: December 12,2006
Petition No. MISC-06-10-000018
BACKGROUND
On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the
development order for Donald Ross Village Mixed-Use Planned Unit Development (PUD). The
master plan was divided into two phases of development. Phase I of the Donald Ross Village
MXD PUD was approved for 9,000 square feet of professional office, a 3,236 square-foot
convenience store with gas sales, a 4,000 square-foot bank, a 14,873 square-foot drug store,
13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating, 57,487
square feet of retail use, and 156 multi-family dwelling units. Phase I1 of the Donald Ross
Village MXD PUD was approved for a 93-room hotel, 18,387 square feet of medical office,
13,500 square feet of retail, and a 20,000 square-foot fitness center through the adoption of
Resolution 2 10,2004 on November 18,2004.
On July 1,2004, the City Council adopted Ordinance 23,2004 and Resolution 125,2004, which
amended the PUD to allow for off-site mitigation. The City Council determined that it is more
appropriate for the site plan approval and the conditions related thereto be transferred to a
separate ordinance and resolution, as opposed to having the zoning, master plan approval,
waivers, and conditions of approval adopted through ordinance. The zoning set forth in
Ordinance 53, 2002 has been re-affirmed by Ordinance 23, 2004 and the master site plan,
waivers, and conditions of approval have been transferred to Resolution 125, 2004. Per
Resolution 125, 2004, two conditions of approval (conditions 37 & 38) were modified to allow
for additional off-site mitigation.
On July 1, 2004, the City Council adopted Resolution 1 15, 2004, which approved a parcel for
off-site mitigation of 29% of the upland preserve set aside required for the site.
On August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to
eliminate the lake maintenance easement along the south side of the 5.09-acre lake. In order to
justify the requested waiver, the applicant provided a 25-foot wide lake easement along the north
end of the adjacent property (Dwyer High School).
On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved an
amendment to the Donald Ross Village Mixed-Use PUD for phase I1 of the subject site with a
93-room hotel, a 13,500 square-foot retail building, an 18,387 square-foot medical office
building, and a 20,000 square-foot fitness center. The subject site is currently being developed in
accordance with the plan approved by said resolution.
On January 5, 2006, City Council adopted Resolution 7, 2006, which approved the Art in Public
Places (AIPP) for the subject site (approximately thirty pieces).
LAND USE & ZONING
The subject site has a zoning designation of Mixed-Use (MXD)/Planned Unit Development
(PUD) Overlay and Future Land-Use and Vision Map designations of Mixed-Use (MXD) and
Commercial (C).
2
Date Prepared: November 17,2006
Meeting Date: December 12,2006
Petition No. MISC-06-10-0000 18
PROJECT DETAILS
The proposed waiver will affect tenants with more than two elevations facing a right-of-way or
primary entrance and will allow for a maximum of two flatlwall signs per tenant.
Tenant Signage and Design Guidelines
Tenant Wall Signs
A waiver is being requested from City Code Section 78-285, Permitted Signs, which states that
tenants may only be allowed one (1) flavwall sign per tenant space or bay. The request to allow
one (1) additional wall sign is appropriate for mixed-use developments because the additional
signage enhances the pedestrian scale. In addition, by allowing one additional flavwall sign
pedestrians and motorists will be able to locate their intended destination with ease.
For reference purposes, this waiver has also been granted for the PGA Design Center PCD,
Midtown (f.k.a. Borland Center) PUD, Legacy Place PCD, and the PGA Commons PUD Phase
1-111 PUDs. Please note that each this waiver will not affect signage for tenants located in
buildings H, G, E , and F because these buildings were previously granted waivers for additional
signage through the adoption of Ordinance 53, 2002 and Resolution 210, 2004 (please see
attached site plan for building locations on-site).
Waivers
Staff recommends approval of the waiver to allow one (1) additional flat/wall sign for tenants
with two or more elevations facing a right-of-way or primary entrance located in buildings A, B,
C, D, I, J, and K.
STAFF RECOMMENDATION
Staff recommends approval of Petition No. MISC-06-10-000018 with one waiver and the
following conditions of approval:
1. Each tenant sign shall be directly affixed to the elevation of the tenant space or bay that
the sign identifies.
2. Each tenant sign shall comply with all applicable signage criteria as permitted by City
Code Section 78-285.
3
October 20, 2006
Mr. Richard Marrero, AICP
Principal Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33401
urban
Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: MISCELLANEOUS APPLICATION
DONALD ROSS VILLAGE MXD PUD WAIVER REQUEST
FOR INCREASED COMMERCIAL TENANT SIGNAGE
UDS REF: #99-044.32 (MA)
Dear Richard :
Attached please find our request for approval of a Miscellaneous Application for a waiver from
Section 78-285, to allow for one (1) additional tenant sign for each tenant with a leasing space
that has two or more elevations within the Donald RossVillage (DRV) commercial portion of
thePUD.
DRV was originally approved via Ordinance 53,2002, by the City Council on April 10,2003.
The DRV project has since had subsequent amending approvals via Ordinance 23,2004,
Resolution 125,2004, Resolution 2 10,2004, Resolution 55,2005 Resolution 144,2005,
Resolution 159,2005, Resolution 7, 2006, as well as numerous Administrative Amendment
approvals for the overall PUD, as well as a number of individual buildings.
The City’s Sign Code predates the development of the Mixed Use Planned Unit Development
Overlay District’s regulations and criteria. The sign code regulations for commercial buildings
imagines a “shopping center” development pattern instead of the “main street” pattern called for
in the MXD criteria. The MXD regulations also encourages pedestrian-Orientation and the use of
planning techniques to allow mixed uses to congregate. One of these techniques is the creation
of plazas and multiple entrances/elevations for tenants. Having additional tenant signage for each
elevation follows with the design and layout of the project as pedestrians will be encouraged to
walk through the site rather than directed to one location. The additional signage will also aid in
directing customers to the businesses as the access points to these tenants are more than with the
typical shopping center layout. The same waiver request has been granted for the other Mixed
Use projects in the City, such as PGA Commons and Legacy Place,
where it has worked well in an attractive environment.
This request only addresses the number o
Suite 225 - The Lofts at City Place
Mr. Richard Marrero
October 20, 2006 0 PageTwo
tenants with multiple elevations. The other sections of the approved Donald Ross Village
signage program does not change.
In addition, the Client has had multiple meetings with Mark Hendrickson, PBG City Forester,
and has agreed to enhance the current landscape planting design at each of the Ground
Monument Sign locations on the site to further improve the character of the ground monument
signs. These improvements has also been included in this request to formalize the existing
agreement made regarding the additional landscaping at the sign locations.
Attached for your consideration are the following documents:
0 Application fee of $2,500.00. (Pending additional fees are subject to review of current
escrow account balance.)
e Development Application
0 Aerial Location Map
0 Authorization for Urban Design Studio to act as agent on behalf of DONALD
ROSS/MILITARY, L.C.
As well as, nine (9) sets of the following plans:
0 Amended Site Plan depicting the requested waiver, prepared by Urban Design Studio and
dated October 20,2006.
We hope that this request' meets with you approval and that you are able to recommend approval
to the City Council for final approval of the requested waiver.
Should you have any questions, please feel free to contact me or Sandra Parks at 366- 1 100.
Sincerely,
Marty R. A. Minor, AICP
Senior Project Manager
cc: Tom Hamilton 0
G:Uobs\Parcel 4.02-04 Donald Ross Village\MISC APP Added Comm Signage Sept 2006\Application Info\Cover Letter MA - Revised.092906.wpd
LCC35
CITY - OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
CITY OF PALM BEACH GARDENS
Request:
- Planned Community Development (PCD) - Planned Unit Development (PUD)
- Amendment to PCD, PUD or Site Plan
- Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval
- Administrative Appeal
Project Name: Donald Ross Villaqe PUD
- Annexation
Rezoning
- Site Plan Review
- Concurrency Certificate
- Time Extension
- d Miscellaneous
Date Submitted: 10/20/2006
-
Other
Owner: Donald RosdMilitary L.C. Address: One Clematis Ave, Ste 305, WPB, FL 33401
Applicant (if not Owner): Same
Applicant’s Address: Same Telephone No.
Agent: Urban Desiqn Studio
Contact Person: Sandra Parks E-Mail: sparks@udsonline.com
Agent’s Mailing Address: 477 S. Rosemary Avenue, Suite 225. West Palm Beach. FL 33401
Agent’s Telephone Number: (561 ) 366-1 100
Marty Minor
Fax Number: (561) 366-1 11 1
FOR OFFICE USE ONLY-
Petition Number:
Fees Recived
Date & Time Received:
Application $ Engineering $
Receipt Number:
1
Architect : Phone Number:
Engineer: NIA Phone Number:
Planner: Urban Design Studio Phone Number: 1561 366-1 100
Landscape Architect: Urban Design Studio Phone Number: (561) 366-1 100
Site Information:
Genera] Location: southeast corner of Central Boulevard and Donald Ross Road
Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
Address:
Section: 25 Township: 41 Range: 42
Acreage: 45.37 Current Zoning: PUD Requested Zoning: PUD
FloodZone B Base Flood Elevation (BFE) - to be indicated on site plan Yes
Current Comprehensive Plan Land Use Designation: Commercial and Mixed Use
Existing Land Use: Mixed Use Project Requested Land Use: No Change
Proposed Use(s) i.e. hotel, single family residence, etc.: Approved: retail, hotel, medical off., residential 8 fitness ctr.
Proposed Square Footage by Use: Approved: 13,50Osf/retail, 18,387sf/medical off, 20,00O/sf/fitness ctr & 93 room hotel
Proposed Number and Type of Dwelling Unit(s) Le. single family, multifamily, etc. (if
applicable): ADDr& for 156 ^^ raaidanfidl,;ta - . -I ,.
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature ofthe request: This is a request for approval of a Miscellaneous
.. on requesttug a waiver from Section 78 -. 785. to allow for one (1 ) additional
tenant sian for each tenant with a leased space that has 'two or more elevations within
the Donald Ross Village (DRV) commercial portion of the PUD.
2
OWNERS AGREEMENT
Before me, the undersigned authority, personally appeared TOM HAMILTON, who being first
duly sworn on oath, deposes and say:
0
1.
2.
3.
4.
5.
6.
7.
That, he is the Manager of DONALD ROSS/MILITARY, L.C., which is the Owner of the
commercial portion of the Donald Ross Village PUD, located in the City of Palm Beach Gardens,
Florida; and
That, DONALD ROSSAMILITARY, L.C., is requesting an Miscellaneous Application to the
approved Donald Ross Village Planned Unit Development on the above described property.
That, DONALD ROSS/MILITARY, L.C., has full authority to file and pursue this application
and that he is authorized to act on behalf of, in connection with such filing.
That, DONALD ROSS/MILITARY, L.C., has appointed URBAN DESIGN STUDIO and
MARTY MINOR to act as Agent in its behalf to accomplish the above.
That, DONALD ROSS/MILITARY, L.C., commits to proceed with the proposed development
in accordance with the Administrative Amendment and such conditions and safeguards as may
be set by the City; and
That, DONALD ROSS/MILITARY, L.C., or its successors or assigns, commits to complete the
development according to the plans approved by such Administrative Amendment, and to
continue operating and maintenance to such areas, functions, and facilities as are not to be
provided, operated or maintained by the City of Palm Beach Gardens pursuant to written
agreement; and
That, DONALD ROSS/MILITARY, L.C., commits to bind any successors in title to any
commitments made in the approval.
DONALD ROSS/MILITARY, L.C.,
T Bt amilton, Manager
Donald RosdMilitary, L.C.
@&bC Sworn to and subscribed before me this be day o &@ember, 2006
---- I
Donald Ross Villa
AKA Parcel 4.(02/04 Palm Beach Gardens, Florida PUD Site Plan
nald Ross 'Village
&ai Map
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: December 4,2006
Meeting Date: December 12,2006
Petition No. MISC-06-12-000020
SubiectlAnenda Item:
Petition MISC-06-12-000020 -Waiver for Cobb Movie Theatre Tenant Wall Sign
Recommendation to City Council: A request from Cotleur & Hearing, Inc., agent for Cobb
Movie Theatres, for a wall signage waiver amendment. The site is located at Downtown at
the Gardens, Building A, within the Regional Center DRIIPCD, 1 1751 Alternate AIA.
[ X ] Recommendation to APPROVE Modification to Previously-Approved Waiver
1 Recommendation to denv
Reviewed by:
City Attorney:
Christine P. Tatum
Development Compliance:
Bahareh K. Wolfs, AlCP
Growth Management
Approved By:
City Manager:
Ronald M. Ferris
m
Originating Dept.:
Growth Management:
Project
Planner
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ X ] Not Required
Public Notice:
[ X J Not required
[ I Yes
Finance Dept.:
Allan Owens
Administrator
Building Accountant:
Ketty Labossiere
Fees Paid: [ ]Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
Planning, Zoning, and
Appeals Board
Action:
[ ] Rec. Approval
[ ] Rec. Approval
wlconditions
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant's Request
Resolution 120. 2005
Resolution 212, 2003
Resolution 91, 2003
Plans
Date Prepared: December 4,2006
Meeting Date: December 12,2006
Petition No. MISC-06-12-000020
0 BACKGROUND
On June 5, 2003, the City Council approved the site plan for Downtown at the Gardens
through the adoption of Resolution 91, 2003, which included the construction of a 67,690
square-foot cinema with 3,220 seats.
December 18, 2003, the City Council approved Resolution 212, 2003, which included
reducing the number of theater seats from 3,220 to 3,130 and allowing a waiver to permit
letter heights of 42 inches for one principal tenant sign for the theater on the west elevation
of the project.
On September 29,2005, the City Council approved Resolution 120,2005, which provided,
in part, for approval to amend the signage waiver to permit letter heights of 66 inches for
the theater on the west elevation of the project.
LAND USE AND ZONING
The subject site is zoned Planned Community District (PCD) Overlay, with underlying
zoning designations of Professional Office (PO) and General Commercial (CG-1 ). The
future land-use designation of the site is Professional Office (PO).
PROJECT DETAILS 0
With this petition, Cobb Theatres is seeking approval of a waiver for a proposed
modification to the existing 66-inch high principal tenant sign located above the first floor on
the west elevation of Building A facing Alternate AIA. The applicant is proposing two lines
of text that identify the theatre use and incorporate the existing logo sign between the two
rows of text. The two lines of copy shall be comprised of 36-inch tall letters for an overall
height of 72 inches.
Section 78-285 of the Land Development Regulations states that a wall sign for a principal
tenant shall not exceed 90 square feet, 3% of the affected building faqade located below
the fourth floor line and above the finished floor elevation of the first floor, or 3% of the
affected building faqade located 30 feet above the centerline of the adjacent public right-of-
way. The total area proposed for this sign will be approximately 315 square feet, which
represents approximately 4.4% of the overall building faqade of the theatre building and
approximately 11 % of the sign face area to which it is attached.
Applicant’s Justification
The applicant states it has been determined that the current sign does not effectively
convey the theatre use to visitors and patrons to the site. The applicant states that other
significant anchor tenants throughout the Regional Center DRI, such as Nordstrom’s, cw
Macy’s, Sears, and large restaurants have signs that have been appropriately sized for the
space on which they are located. Appropriate signage will ensure that major tenants are
recognized and will add to the success of all the retailers in the DRI. Please see attached
ole
)Jc
2
0 justification from the applicant.
Siqn Materials and Colors
The applicant will provide color and material samples at the Planning, Zoning, and Appeals
Board meeting.
Liqhting
The lighting for the sign will be internal illumination.
Waiver Requested
The applicant is requesting approval of the following amendment to waiver No. 11, page
IO, Resolution 120, 2005:
"7 7. A waiver from Section 78-285 of the City's Land Development Regulations to permit
letter heights of 4% 72 inches for one (7) principal tenant sign for the theater on the
west elevation of the project and 42 inches for two (2) principal tenant signs on the
bridge connecting to the theater building. "
Date Prepared: December 4,2006
Meeting Date: December 12,2006
Petition No. MISC-06-12-000020
Code Section I Allowed
Section 78-285 Sign letters not to
exceed 36" in
height, with no
more than one
name or message,
not to exceed more
than 70% of the
surface area to
which attached.
Copy area limited to
90 s.f. or 3% of
elevation.
Proposed
Increase the currently
approved 66" tall sign
on west elevation to a
72 overall height.
Waiver
36" or a 6" deviation
from the currently
approved waiver.
Staff
Recommendation
Approval (1)
(I) Staff has reviewed the request and has taken into consideration the distance of the
project from a main thoroughfare (Alternate AIA) and the size of the faGade to
which the sign will be attached. Staff has no objection to the waiver request.
STAFF RECOMMEND AT1 0 N
Staff recommends approval of Petition MISC-06-12-000020 to amend a previously
approved signage height waiver.
JackieICase FilesIDowntown at the GardenslStaff report PZAB 1 .doc
3
- Cotleur & Hearing
Thursday, November 09,2006
Talal Benothman, Principal Planner
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail, Palm Beach Gardens, FL 3341 0
Re: Downtown at the Gardens Site Plan Amendment Petition - Additional
Information: Signage CH#OO-~OO~
Dear Talal:
Please find attached the additional information associated with our waiver request to City
Council for two rows of additional lettering on the Cobb Theatre sign, located on the west
elevation of the Theatre building located within Downtown at the Gardens as approved
by Resolution 91-2003 and as amended thereafter by way of Resolution 120-2005. The
overall sign face area is a total of 613 square feet with the addition of the two lines of
text which read: Downtown" and "16 Cinemas" around the existing Cobb logo sign
currently on the building. The overall signage area represents a 4% coverage of the
building fapde on which it is measured against. Due to the increased size over and
above the maximum sign area permitted the petitioner is requesting a waiver to allow for
better identification of the theatre use, which is not clearly perceived by the existing
Cobb logo sign. The attached graphic identifies the new signage area and the Theatre
Bay on which it has been measured against.
The full justification for this request has been provided within the Adiminstrative
Amendment #I3 packets already submitted to Staff on Wednesday November 01,2006.
It is imperative that this significant anchor tenant be afforded the same consideration that
has been provided to other regional magnet retail facilities that have oversized signage
within the Regional Center, DRI, some of which include Nordstrom's, Sears and Macy's.
This anchor tenant understands the significance of sufficient identification in order to
ensure the success of not only it's operations within Downtown at the Gardens but other
tenants in the development and within the Regional Center as a whole. Your careful
consideration in this matter is greatly appreciated.
Sincerelv. i Brian Cheg 's, nior Planner
Cotleur & Heaxg, In(
6C:nt
Enclosure: Sign area calculation exhibit
cc: Rob JacobyIJarnes MahrerIDon Hearing
Cotleur & .Hearing
Downtown at the Gardens
Miscellaneous Petition
MacArthur Regional Center Development of Regional Impact
Parcels 27.12 and 27.14 (Entertainment Parcel)
Introduction
Cobb Theatres, is seeking approval for a Miscellaneous Petition request for the Downtown at the
Gardens Site Plan for a proposed modification located in the Regional Center, Development of
Regional Impact (DRI), first approved by City Council on June 5, 2003 by way of Resolution 91-2003.
The proposed change includes a revision to the Cobb Movie Theatre tenant sign. The Applicant is
requesting this item be expedited through the process for final consideration by Staff, the Planning,
Zoning and Appeals Board, and City Commission.
0 Specific Requests and Fees
Mkcellaneous Petition (Base Fee) $1,500.00
Total Fees $1.500.00
Modification to the Approved Plan
The proposed change to the approved plan include the following:
1. Request a signage waiver for the Principal Tenant 1.d. signage size located at
the Cobb Theater above the first floor.
Cotleur Hearing
1934 Cmnwce Lone. We 1
.h@er, FbMD 33458
561 747 6336 hZa 747 1377
CITY OF PALM BCH GDNS
OEC 01 2006
PLANNING & ZONING DN
Downtown at the Gardens
Misc. Pet - Waiver Requests/ Modifications
Created on 12/1/2006 3:29:00 PM
Propose increased
letter sizes from 66”
for one (1) Bldg. 1.d.
sign to 72” maximum
letter size. Two
lines of text at 36“
high each.
1ustif1 cation
Proposed deviation of 6 inches for
the single main building i.d. sign.
The Applicant is requesting an additional signage waiver from the requirements of Section
78.285 Permitted Signs for the purpose of the addition of separate textllettering to the existing
approved sign on the Cobb Theatre Building. Condition #I 1 of Resolution 120-2005 allows for
“a waiver from Section 78-285 of the City’s Land Development Regulations to permit letter
heights of 66 inches for one principal tenant sign for the theater on the west elevation of the
project.” The sign that was created is the Cobb logo that adheres to the lettering size
requirements. However it has been determined that the sign does not effectively convey the
theatre use to visitors and patrons to the site.
The Applicant is proposing to introduce two lines of text that identify the theatre use and
incorporate the existing logo sign in between the two rows of text. The two lines of copy shall
be comprised of 36 inch tall letters for an overall height of 72 inches. The total area to be
incorporated by the two lines of text and the existing logo shall be approximately 315 sf square
feet which represents approximately 4.4% of the overall building faeade of the theatre building
and approximately 11% of the sign face area to which it is attached. Both percentages comply
with the sign area criteria regulations of the City’s signage LDRs.
“1 1. A waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights
of 4% 72 inches overall heiaht for one (7) principal tenant sign for the theater on the west elevation of
the project, and 42 inches for two (2) principal tenant signs on the bridge connecting to the theatre
building. ”
Cotleur Hearing
1934 Commerce LMe, We 1
Jupnec, Fkn!& 33453
561 747 6336 Fox 747 1377
2
12 01 06 Narrative docF \Proled Dowrnents\PGA ENTERTAINMENT SITE\MISC PETITION 12 04 06\12 01 06 Narrative doc
Downtown at the Gardens
Misc. Pet. -Waiver Requests/ Modifications
Created on 12/1/2006 3:29:00 PM
.Projea Team PROPERTY OWNER
DOWNTOWN AT THE GARDENS
ASSOCIATES, LTD.
3501 PGA BLVD., SUITE 201
PALM BEACH GARDENS, FLORIDA 33410
CONTACT: ROBERT JACOBY, COO
PHONE: 561-282-5000
AUTHORIZED AGENT
COTLEUR & HEARING
1934 COMMERCE LANE, SUITE 1
JUPITER, FLORIDA 33458
CONTACT: DONALDSON HEARING
PHONE: 561-747-6336
DESIGN ARCHITECT
OLIVER GLIDDEN PARTNERS
1401 FORUM WAY, SUITE 100
WEST PALM BEACH, FLORIDA 33401
&ONE561 -684-6841
ONTACT: JOHN GLIDDEN, AIA
ARCHITECT OF RECORD
JPRA ARCHITECTS
31000 NORTHWESTERN HIGHWAY
SUITE 100
FARMINGTON HILLS, MI 48334-2585
PHONE 561-968-0080
CONTACT: ROB STACHERSKI
Cotleur Hearing
1934 Commerce Lone. Ute I
Jlpnec, Flodda 33458
561 741 6336 Fox 747 1377
3
APPLICANT
COBB THEATRE
2100A SOUTHBRIDGE PARKWAY, SUITE 640
BIRMINGHAM, AL 35209
CONTACT: FREDRICK DOBBS
PHONE:205-802-7766
CIVIL ENGINEER
M.B. SCHORAH AND ASSOCIATES
1850 FOREST HILL BOULEVARD, SUITE 206
WEST PALM BEACH, FLORIDA 33406
CONTACT: MIKE SCHORAH, PE
PHONE 561-968-0080
PLANNERS / LANDSCAPE ARCHITECT
COTLEUR & HEARING
1934 COMMERCE LANE, SUITE 1
JUPITER, FLORIDA 33458
CONTACT: TONY GRIMALDI, ASLA
PHONE: 561-747-6336
SURVEYOR
LANDMARK SURVEYING
1850 FOREST HILL BOULEVARD, SUITE 206
WEST PALM BEACH, FLORIDA 33406
CONTACT: CRAIG PUSEY, PSM
PHONE 561-968-0080
12 01 06 Narratwe docF \Propa OocwnenWPGA ENTERTAINMENT SITE\MISC PETITION 12 04 06\12 01 06 Nanalive doc
Downtown at the Gardens
Misc. Pet. -Waiver Requests/ Modifications
Created on 12/1/2006 3:29:00 PM
Conclusion
The requested modification to the approved plan is consister,, with the Regiona Center DRI
Development Order, the City Land Development Regulations and the Comprehensive Plan of Palm
Beach Gardens. The proposed change is consistent with the surrounding uses both interior and
exterior to the site. No overall increase in square footage or entitlements will occur as a result of the
signage changes associated with this development. Development of the site as proposed by this
application will maintain the compact urban city center that is consistent with the desired development
of this parcel by the City of Palm Beach Gardens. The Applicant is looking forward to working closely
with Staff throughout the review process for this Miscellaneous Petition for the Downtown at the
Gardens Development.
Cotleur Hearing
1934 Commerce Lone, Ute 1
.h$+le~, Flolldo 33458
561 747 6336 Fax 747 1377
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12 01 06 Namlive dod \Prow Dowments\PGA ENTERTAINMENT SITEWISC PETITION 12 04 05\12 01 05 Narrative doc
Date Prepared: September 6,2005
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RESOLUTION 120,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS
LOCATED WITHIN THE REGIONAL CENTER DRIIPCD, AS DESCRIBED
MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS
OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE
IMPROVEMENT PLAN, REMOVING THE CHILDREN’S GARDEN;
MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH
VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POINT ONTO
GARDENS PARKWAY; ADDING UNUSED REMAINING DRI
ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE
SUBJECT SITE; PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes,
and the City’s Land Development Regulations, is authorized and empowered to consider
petitions related to zoning and land development orders; and
WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin
Development, for an amendment to the site plan approval for the Downtown at the Gardens
project on the approximately 35-acre site located within the Regional Center Development of
Regional Impact (DRI) and Planned Community Development (PCD), as more particularly
described herein, to modify certain conditions of approval; modifying the Lake Improvement
Plan by deferring the installation of the bridge and raised stage to November 10, 2006;
removing the children’s garden; modifying the hardscape and landscape to coincide with the
newly-approved architectural theme; removing the approved video wall sign; adding a right-
out exit point onto Gardens Parkway from the second garage floor to be approved
administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of
office space to the project; and to include a request for five (5) additional waivers; and
WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with
an underlying zoning of Commercial and Office; and
WHEREAS, the subject site is part of the Regional Center DRI approved by
Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and
WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning,
and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3;
and
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Date Prepared: September 6,2005
Resolution 120,2005
WHEREAS, the City Council has considered the evidence and testimony presented by
the Applicant and other interested parties and the recommendations of the various City of
Palm Beach Gardens’ review agencies and staff; and
WHEREAS, the City Council has 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 Site Plan Amendment petition of Cotleur Hearing, agent for Menin
Development, is hereby APPROVED for the Downtown at the Gardens project on the
approximately 35-acre site located within the Regional Center Development of Regional
Impact (DRI) and Planned Community Development (PCD), as more particularly described
herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by
deferring the installation of the bridge and raised stage to November 10, 2006; removing the
children’s garden; modifying the hardscape and landscape to coincide with the newly-
approved architectural theme; removing the approved video wall sign; adding a right-out exit
point onto Gardens Parkway to be approved administratively by staff: and adding unused
remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject
to the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12,27.14 AND LAKE VICTORIA
GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
Land-Use:
1. Retail use other than quality or specialty restaurant use shall be a part of a
multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of
Resolution 81, 2001 of the Development Order of the Regional Center DRI.
(Planning & Zoning)
2. Discount department stores as defined by the City’s Land Development
Regulations shall be prohibited on the subject site, unless approved by the City
Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the
Regional Center DRI. (Planning & Zoning)
Freestanding fast food restaurants and freestanding pharmacies/ drugstores
shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development
Order of the Regional Center DRI. (Planning & Zoning)
3.
4. A building permit for the multi-screen theater, no less than 55,000 square feet
and no less than 2,600 seats, shall be included within the first 100,000 square
feet to be built by the Applicant. No more than one building permit shall be 4
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Resolution 120, 2005
issued for the entire project prior to issuance of a building permit for said theater.
Said theater shall be diligently constructed, without owner delay, until completion,
per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional
Center DRI. (Planning & Zoning, Building)
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
comply with Section 78-262 of the City Code dealing with Art in Public Places.
The Applicant shall provide art on site or make a payment in lieu of art. The Art
in Public Places Committee shall review and make a recommendation to the City
Council on any proposed art on site. (Planning & Zoning)
The applicant of the subject development shall have the sole responsibility of
implementing and installing the lake improvement plan as reflected
&- ' on the Lake Area Site Plan, dated September 9, 2005. and
prepared bv Cotleur Hearins. attached hereto. Prior to the issuance of the first
Certificate of Occupancy, #be that portion of the lake improvement plan adiacent
to Downtown at the Gardens development and for which said development is
responsible, as shown on the Lake Area Site Plan, shall be fully completed, and
all elements of said portion of the plan shall be installed-
€hwwA The pedestrian bridge and the performance staqe on the west side of
the lake shall be completed no later than November 10, 2006. bv the owner of
Downtown at the Gardens. The remainina two areas of the lake improvement
plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be
completed no later November 10, 2006, unless prior to that date the owner
transfers the responsibility for the improvements to the respective propertv
owners with frontage on Lake Victoria. In this event, the timinq of the installation
of the respective portions of the plan shall be specified in the development orders
or amendments thereto for the respective two properties. Anv maior modification
to any element of the lake improvement plan must be approved by the Citv
Council. (Planning & Zoning)
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- 78. Prior to the issuance of the first Certificate of Occupancy, the Applicant of the
subject development shall obtain and provide the City with an agreement
between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the
cost sharing for the implementation and installation of the lake plan. (Planning &
Zoning)
I 88. The Property Owners Association of the DRI shall be responsible for the
maintenance of all the park improvements and all elements of the lake plan.
(Planning & Zoning)
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Resolution 120,2005
- 944. Uses shall be limited to the list attached hereto as Exhibit “E.” The Applicant
must receive approval by the City Council for any use that is indicated as a
conditional use, prior to the issuance of a building permit for those tenant
improvements. (Planning & Zoning)
- 1044. Within sixty (60) days of the effective date of this Resolution, the Applicant will
submit an “Operating Agreement” in a form acceptable to the City Attorney
between the City and the Applicant, establishing the management and use of the
Lake Park, including the plaza areas located east of Victoria Gardens Drive. The
Operating Agreement will define such items as allowable uses, programming of
events, public access, enforcement, and maintenance and will include provisions
for review and modification. The Operating Agreement must be approved by the
City Council prior to the issuance of the first building permit. (Planning & Zoning,
City Attorney)
- 114-2. Prior to the issuance of any development permits, the Applicant shall obtain all
necessary approvals and permits from NPBCID to facilitate the redevelopment of
the lake tract (Park), including the necessary transfer of properties to the City of
Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City
Engineer, City Attorney)
- 1243. A total of seven (7) mobile site amenity I sales kiosks shall be permitted for the
project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be
utilized within the lakefront plaza area of the project, on site only. All mobile site
amenity / sales kiosks shall remain out of view from Alternate A1A at all times.
(Planning & Zoning)
- 1344. The Applicant shall ensure that the video sign located within the courtyard of
the site is not visible from any public right-of-way, parking lots, or residential
district, per Section 78-289 of the City Code. (Planning & Zoning)
- 144-5. The on-street parking within the Victoria Gardens Avenue right-of-way shall be
free of charge and must not be assigned to any specific tenant on site. (Planning
& Zoning)
- 154-6. The proposed awnings shall be of solid color and striped awnings shall not be
permitted within the subject site. (Planning & Zoning)
- 1647. If shopping carts are to be used on site, shopping carts corrals shall be
provided by the Applicant and shall be screened from view by means of a wall
and substantial landscaping. The corrals shall be constructed of solid walls and
of materials compatible with the primary structures approved on site. (Planning &
Zoning)
- 1748. Shopping carts shall not be allowed to accumulate in any outside area, and
shall be removed from cart corrals in a timely manner and relocated to storage
areas inside building structures. (Planning & Zoning)
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Resolution 120,2005 - 1819. Within thirty (30) days of the effective date of this Resolution and subject to
Planning and Zoning staffs approval, the Applicant shall provide revised floor
and site plans to the City reflecting at least two and separate public restroom
areas on the first floor of the subject site. (Planning & Zoning) 4
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- 1928. Prior to construction plan approval, potable water conservation devices shall
be incorporated into project buildings, per Condition 12 of the Development
Order of the Regional Center DRI. (City Engineer)
- 20%. Prior to construction plan approval, energy conservation measures identified
in the Application for Development Approval (ADA) shall be implemented, per
Condition 24 of the Development Order of the Regional Center DRI. (City
Engineer)
- 21a. Prior to construction plan approval, the subject project shall comply with the
energy plan established by the Property Owners Association Architectural
Review Board for the Regional Center DRI, per Condition 25 of the
Development Order of the Regional Center DRI. (City Engineer)
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30 on-site meeting with the City Forester to confirm that existing and proposed
31 landscaping, as reflected on the proposed landscape plan, effectively screens
32 all parking areas from Alternate AlA, while remaining in compliance with
33 CPTED principles incorporating view corridors for security purposes. (City
34 Forester)
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36 - 24%. Prior to any land alteration, all Gopher tortoises shall be relocated from the
37 subject site to an acceptable alternate site approved by the City Forester.
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40 - 2526. The Applicant shall, in a cooperative effort, work together with the Police
41 Department to implement, to the maximum extent possible, the CPTED
42 recommendations contained in the CPTED report prepared by Paul Urschalitz
43 and stamp dated by the City December 9, 2002. (Police Department)
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- 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall
demonstrate that a full line of energy-efficient appliances and equipment will
be used in all buildings on site, per Condition 27 of the Development Order of
the Regional Center DRI. (City Engineer)
- 262-7. Prior to the issuance of the first building permit, the Applicant shall submit a
Master Pavement Marking and Signage Plan meeting the requirements of the
City Engineer. (City Engineer)
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Date Prepared: September 6,2005
Resolution 120,2005
- 2728. Prior to the issuance of the first building permit, the Applicant shall provide a
letter of authorization from the appropriate utility owners allowing the Applicant
to pave, landscape, and place stormwater management features, buildings,
etc., within their respective utility easements. (City Engineer)
2828. Prior to the issuance of the first building permit, the Applicant shall identify
handicap ramps on the plans at all applicable locations. The Applicant shall
provide ramp detail(s) meeting ADA and FDOT standards and identify the curb
ramp number from FDOT Index 304. (City Engineer)
- 29%. The Applicant shall maintain a minimum vertical height clearance of 13’ 6” for
the covered drop-off areas and the entry arches to facilitate emergency vehicle
access. (Fire Department)
- 30%. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens
Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed
and accepted by the City. Construction of said roadway shall commence prior
to or simultaneously with the first building permit for vertical construction to be
built and diligently constructed without delay until complete, per Exhibit C of
Resolution 81, 2001 of the Development Order of the Regional Center the
DRI. (Planning & Zoning, City Engineer)
- 3132. Prior to the issuance of the first building permit, all surface water
management system elements consistent with the Unit 19 Conceptual Permit
Modification issued by SFWMD shall be substantially completed in accordance
with the construction-phasing plan and accepted by the City. The Applicant
shall provide a phasing plan, construction plan, and supporting calculations for
review and approval by the City, NPBCID, and SFWMD that certifies all
phases of the surface water management system construction shall be
equivalent to the Unit 19 Conceptual Permit. (City Engineer)
- 3233. Prior to issuance of the first building permit, the Applicant shall submit to the
City for review and approval a boundary re-plat and record said plat in the
public records of Palm Beach County. (City Engineer)
- 3334. The Applicant shall submit, at its cost, an annual parking study to determine
actual parking demand at the site. The observed demand will be compared to
the actual supply to determine if the provided parking supply is adequate to
accommodate existing demand, plus expected demand generated by the uses
that have not yet been issued certificates of occupancy. This calculation will
include an appropriate buffer between parking supply and demand as
recommended by either the Institute of Transportation Engineers, Urban Land
Institute, or other recognized published traffic engineering organizations or
resources. The first annual parking study must be submitted when Certificates
of Occupancy for 80% of the project’s approved square footage have been
issued. The parking study will be performed on an annual basis for a period of
five (5) years. Said study shall be performed by an independent professional
traffic engineer mutually selected by the Applicant and City staff. The precise
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Resolution 120,2005
methodology shall be agreed upon by both the Applicant and the City staff at
the time the study is initiated. At a minimum, the study is to be performed
during the peak season and during the peak operating hours on a Thursday,
Friday, and Saturday (with the exception of the Christmas and Thanksgiving
holidays), or as determined by the Growth Management Director. (City
Engineer)
- 3436. Should the parking study conclude that the available on-site parking is 90%
or more occupied, then the Applicant shall provide a permanent (perpetual)
solution to increase parking supply for the project that can include the
construction of a second parking garage as shown on the alternate site plan
referenced herein and attached hereto as Exhibit "O", or other viable
alternative means as approved by City Council. When the on-site parking is
determined to be 90% or more occupied, the shared parking study provided by
the Applicant shall be considered null and void, and the Applicant shall
construct the required parking based on the number of spaces recommended
by the above-referenced parking study, or as otherwise determined by the City
Council. (City Engineer)
- 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall
transfer to the City any surety for completed public improvements and post
additional surety as necessary to secure I1 0% of the cost of construction of
the second parking garage located on the west side of the entrance off of
Gardens Parkway Boulevard. The City shall not release any surety posted by
the Applicant for public improvements and the additional surety to be paid by
the Applicant after completion of said improvements for a period of five (5)
years from the date the subject development receives a Certificate of
Occupancy of 80% of the approved square footage for the subject site.
(Planning & Zoning)
- 3637. Construction of the second parking garage located on the west side of the
entrance off of Gardens Parkway Boulevard, or provision of additional parking
spaces by a permanent (perpetual) alternative means for the project as
defined in Conditions 34 and 35, shall be completed within one (1) year of the
determination that the on-site parking is 90% occupied. (City Engineer)
- 3738. If the second parking garage is not completed as determined by the issuance
of the certificate of completion within one year of the determination that the on-
site parking is 90% occupied, then no additional Certificates of Occupancy or
tenant occupational licenses shall be issued until said parking garage is
completed. (Planning & Zoning, City Engineer)
- 3839. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
construct all of the required improvements referenced in the traffic analysis for
the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City
Engineer)
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Date Prepared: September 6,2005
Resolution 120,2005
3948. The Applicant shall grant to the City a temporary construction easement 20
feet wider than the proposed footprint of the parking garage located on the
west side of the entrance off of Gardens Parkway Boulevard, complete with
access to a public roadway, as reflected on the “Alternate Site Plan,” Exhibit
“D,” attached hereto. Said easement shall be conveyed to the City by a
separate instrument within thirty (30) days from the date the City Council
approves the additional parking spaces as determined in Conditions 34 and 35
above.
Police:
4044. Lighting locations shall not conflict with landscaping, including long-term tree
canopy growth. (Police)
- 4142. All lighting for parking lots and pedestrian walkways shall be metal halide.
(Police)
w. Non-glare building lighting shall be installed around perimeter on all sides and
on pedestrian walkways. (Police)
- 4344. All entry signage shall be lighted. (Police)
- 4445. The Applicant shall provide timer clock or photocell lighting for nighttime use
above or near entryways and all exits, including emergency exits. (Police)
- 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide to the City details of the commercial numbering system for emergency
response purposes in an 8 %” X 11” map format. (Police)
- 464-7. Numerical addresses shall be illuminated for nighttime visibility and not
obstructed, have bi-directional visibility from roadways, be unobstructed, and be
placed at front and rear of business. (Police)
- 474-8. All ATMs on site shall comply with Section 655.960-965, Florida Statutes,
relating to ATMs. (Police)
4848. All structures shall be target-harden to include buildings pre-wired for an alarm
system; doors equipped with a metal plate over the threshold of the locking
mechanism; rear doors have 180-degree peephole viewers; and perimeter doors
equipped with hinges that utilize non-removable hinge pins. (Police)
- 495Q. The lighting design for the two (2) parking structures shall incorporate both
vertical and horizontal luminance; provide lighting into the edges of parking stalls
and over parked vehicles; provide vandalism resistant lighting fixtures; provide
metal halide; provide lighting fixtures positioned to minimize glare; and provide
lighting fixtures around the exterior of both structures. (Police)
- 5054. All stairwells serving the parking garage shall have open metal handrails and
steps. (Police)
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Date Prepared: September 6,2005 Resolution 120,2005
- 51 52. All elevators shall be equipped with emergency two-way communication.
(Police)
- 5263. Elevators shall not be equipped with stop buttons. (Police)
- 53W. The Applicant shall work with the Police Department to develop a high-
resolution digital closed-circuit security system with recording and photo
processing picture or video printout capabilities. The system shall be designed to
include a minimum of twelve (12) digital cameras, with the ability to be expanded
if warranted by mutual agreement between the Applicant and the Police
Department. Forty-five (45) days following the opening of the theater, the
Applicant will conduct an on-site meeting with the Police Department for the
purpose of confirming the most effective camera locations. The system shall be
installed and fully operation within four (4) months of the opening of the theater.
(Police)
- 54%. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be
installed in all stairwell and elevator areas. (Police)
55. At the discretion of the Growth Manaqement Administrator and with the approval
of the Citv Enqineer. a Certificate of Occupancv for Buildina K. also referred to as
“Whole Foods,” mav be issued in advance of completing all Site and Lake Area
Site Plan improvements reauired bv this Development Order. (Planninq &
Zoning)
56. Per Section 78-324 of the Citv’s Land Development Reaulations, within six (6)
months from the effective date of this Resolution, the Applicant shall install all
landscapinq associated with the center island medians and road shoulder on
Alternate A1A from Gardens Boulevard to Kyoto Gardens Drive, based on the
approved FDOT PGA Flyover Plans. The Applicant may be granted a three (3)
month extension by the Growth Manaqement Administrator, provided the
Applicant has demonstrated proaress in the completion of the landscaping.
{Plannina & Zoninq)
57. Simultaneously with the installation of the Alternate A1 A roadway landscapinq,
the Applicant shall remove the existinq sidewalk and install the meandering
sidewalk adiacent to Alternate A1A from Gardens Boulevard to the site
inaress/eqress off of Alternate AIA. (Planning & Zoninq)
58. Prior to the issuance of the first Certificate of Occupancv, the Applicant shall
install all buffers alonq AlA, Gardens Boulevard, and Kyoto Gardens Drive, and
the west side of the Lake Area Site Plan. (Planninq & Zoninq)
59. The Applicant shall CODY to the Citv all permit applications. permits, certifications,
and amrovals. (City Engineer)
60. The construction, operation, and/or maintenance of anv elements of the subiect
proiect shall not have any neqative impacts on the existinq drainaqe of
surroundins areas. If, at anv time durinq the Droiect development it is determined
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Resolution 120,2005
bv the City that any of the surrounding areas are experiencinq neqative drainaae
impacts caused bv the project, it shall be the Applicant's responsibilitv to cure
said impacts prior to additional construction activities in a period of time and a
manner acceptable to the Citv. (City Enaineer)
61. The Applicant shall comDlv with all Federal Environmental Protection Aqencv
/EPA) and State of Florida Department of Environmental Protection NPDES
permit requirements, includina. but not limited to, preparation of a stormwater
pollution prevention Dlan and identification of amropriate Best Manaqement
Practices, as qenerallv accepted bv the EPA andlor local reaulatorv aqencies, for
construction activities: submission of a Notice of Intent to EPA or its desiqnee;
implementation of the approved plans; inspection. and maintenance of controls
durinq construction: and submission of a Notice of Termination. (Citv Enqineer)
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1.
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Section 78-344(l)(1)al Standard Space, to allow for a 9.5-fOot parking stall width
for the two (2) parking garages 3 and all surface parkinq areas on site.
Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two
(2) story buildings, 62 feet for the theater building, and 75 feet for the arch
feature.
Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by
eliminating the wheel stops.
Section 78-319(a)(l), Landscape Buffer Width, to allow a zero (0) foot buffer
along Victoria Gardens Drive.
Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by
entrances and service areas.
Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback
adjacent to Victoria Gardens Drive.
Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site.
Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A,
one (1) tenant sign for Building I; one (1) tenant sign for Building M1; one (1)
tenant sign for Building M2; and four (4) project logo signs,; one (1) additional
tenant siqn on the north elevation for Buildina K: two (2) additional siqns on the
bridne between Buildings A and BIC (facina north and south): three (3) additional
sians on Buildinq B/C (two (2) facing northeast and one (1) facina south); two (2)
additional siqns on Buildina DIE (facinq north and southeast): two (2) additional
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Date Prepared: September 6,2005
Resolution 120,2005
siqns on Buildinq GIH (facinq east and south): and one (1) additional sian on
Building I/J (facing north)..
Section 78-341, Intent, to allow for on-street parking along Victoria Gardens
Drive.
10. A waiver from Section 78-285 of the City’s Land Development Regulations to
permit seven (7) additional project identification signs located at four (4) different
buildings within the project, as depicted in the Master Sianaae Plan.
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“1, A waiver from Section 78-285 of the City’s Land Development Regulations to
permit letter heights of 42 =inches for one (1) principal tenant sign for the
theater on the west elevation of the project, and 42 inches for two (2) principal
tenant siqns on the bridae connectinq to the theatre buildinq.
12. A waiver from Section 78-315(b) of the Citv’s Land Development Regulations to
permit more than nine (9) parkinq spaces between IandscaDe islands in areas
13. A waiver from Section 78-31 3(e) of the Citv’s Land Development Requlations to
permit less than 100% screeninq for service court areas from public view.
14. A waiver from Section 78-319(b)(4) of the Citv’s Land Development Reaulations
to permit the project’s landscape tvpe to be less than the required threshold of
75% of the Citv’s Dreferred plant list.
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SECTION 3. This site plan amendment approval shall be in compliance with the
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following plans on file with the City’s Growth Management Department:
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Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised Ivla&4&
2883, September 1,2005, Sheet 1.
Master Plan, by Cotleur Hearing, Sheet 3 (revised
2005), Sheet 4 (- Septemb-, and Sheet t- September 12. 2005).
September 12
Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2903 Julv 6. 2005,
Sheets 6 and 6.1.
Site Details, by Cotleur Hearing, revised
Sheet 7.
, September 12, 2005,
Hardscape Plan, Courtvard Enlarqement, by Cotleur Hearing, revised
XW3 September 12.2005, Sheets 14 and 15.
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Date Prepared: September 6,2005
Resolution 120,2005
Second Level Floor Plan Bldas. BIC and DIE Sheets A.2.B.2. and A2.D2., Floor
Plan Bldas. GIH and IIJ bv JPRA Architects dated December 20, 2004. Exterior
Elevations bv JPRA Architects, Sheets A.5A.1, AS.BDG.1, and A5.HIKL.l (3
Panes) dated Februarv 11,2005.
7. Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC, dated
A.pW&WS October 31,2004.
8. Site Amenities, by CornmArts, Inc., dated November 15, 2002, Sheets 1-9.
.B.
I n.c 3~
s I , Sheets 1-34-7.
Master Sign Plan, by €kmWWAw , . JPRA Architects, dated
IO. Master Plan, “Alt. Plan Includes West Garage, by Cotleur Hearing, revised May
22,2003.
11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur
Hearing, Sheets 1 - 15, revised September 12.2005.
12. A Mixed Use Development Downtown at the Gardens, Perspective Views,
Architectural Drawings, Building Signage Program, and East Garage, by OGS&P,
Sheets AI.?, A2.1, A-3.7, A-4.1 - A-4.4, A-5.1, A-6.1, and PG-1, dated
September 29,2003.
13. Landscape Plan, bv Cotleur Hearinq. revised September 12,2005. Sheets 8 and
- 9.
14. Landscape Plan, Courtvard Enlarqements, bv Cotleur Hearinq, revised
September 12,2005. Sheets 10 and 11.
15. Lake Area Landscape Plan, by Cotleur Hearinn. revised September 72, 2005,
Sheet 12.
16. Landscape Details, bv Cotleur Hearina, revised September 12, 2005. Sheet 13.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly
modified herein shall remain in full force and effect.
SECTION 5. This Resolution shall become effective immediately upon adoption.
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Date Prepared: September 6,2005
Resolution 120,2005
PASSED AND ADOPTED this dy day of AfreMflyc ,2005.
ATTEST:
CITY OF PALM BE
* BY:
Fk#usso, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: 2
Chxtine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO --- J
VICE MAYOR JABLIN J ---
J COUNCILMEMBER LEVY ---
/ COUNCILMEMBER VALECHE ---
J COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\anorney_share\RESOLUTlONS\downtown at the gardens - reso 120 2005.doc
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Date Prepared: November 3,2003
Revised: December 8,2003
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RESOLUTION 212,2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS
LOCATED WITHIN THE REGIONAL CENTER DRIIPCD, AS
DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY
CERTAIN CONDITIONS OF APPROVAL; TO ALLOW FOR
ARCHITECTURAL MODIFICATIONS; TO DELETE PREVIOUSLY
UNACCOUNTED FOR 11,000 SQUARE FEET; TO REDUCE THE
NUMBER OF THEATER SEATS FROM 3,220 TO 3,130; TO
INCREASE THE REGIONAL RETAIL SQUARE FOOTAGE BY 1,473
SQUARE FEET; AND TO MAKE MINOR SITE PLAN
MODIFICATIONS; PROVIDING FOR WAIVERS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received petition SP-03-19 from Cotleur Hearing, agent for
Menin Development, for an amendment to the site plan approval for the Downtown at
the Gardens project on the approximately 35-acre site located within the Regional
Center Development of Regional Impact (DRI) and Planned Community Development
(PCD), as more particularly described herein, to modify certain conditions of approval,
to allow for architectural modifications, to delete previously unaccounted for 11,000
square feet, to reduce the number of theater seats from 3,220 to 3,130 seats, to
increase the regional retail square footage by 1,473 square feet, to make minor site
plan changes, and
WHEREAS, the subject site is zoned Planned Community District (PCD)
Overlay; and
WHEREAS, the Site Plan Amendment petition was reviewed by the Planning
and Zoning Commission on October 28,2003, and recommended its approval by a vote
of 6-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens’ review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 21 2,2003
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The Site Plan Amendment petition of Cotleur Hearing, agent for
Menin Development, is hereby APPROVED for the Downtown at the Gardens project on
the approximately 35-acre site located within the Regional Center Development of
Regional Impact (DRI) and Planned Community Development (PCD), as more
particularly described herein, to modify certain conditions of approval, to allow for
architectural modifications, to delete previously unaccounted for 1 I ,000 square feet, to
reduce the number of theater seats from 3,220 to 3,130 seats, to increase the regional
retail square footage by 1,473 square feet, to make minor site plan changes, subject to
the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14 AND LAKE
VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40
THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
Land-Use:
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3.
4.
Retail use other than quality or specialty restaurant use shall be a part of a
multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of
Resolution 81, 2001 of the Development Order of the Regional Center DRI.
(Planning and Zoning)
Discount department stores as defined by the City’s Land Development
Regulations shall be prohibited on the subject site, unless approved by the
City Council, per Exhibit C of Resolution 81, 2001 of the Development
Order of the Regional Center DRI. (Planning and Zoning)
Freestanding fast food restaurants and freestanding pharmacies /
drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the
Development Order of the Regional Center DRI. (Planning and Zoning)
A building permit for the multi-screen theater, no less than 55,000 square
feet and no less than 2,600 seats, shall be included within the first 100,000
square feet to be built by the applicant. No more than one building permit
shall be issued for the entire project prior to issuance of a building permit for
said theater. Said theater shall be diligently constructed, without owner
delay, until completion, per Exhibit C of Resolution 81, 2001 of the
Development Order of the Regional Center DRI. (Planning and Zoning and
Building)
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212, 2003
Prior to issuance of the first Certificate of Occupancy, the applicant shall
comply with Section 78-262 of the City Code dealing with Art-in-Public-
Places. The applicant shall provide art on site or make a payment in lieu of
art. The Art-in-Public-Places Committee shall review and make a
recommendation to the City Council on any proposed art on site. (Planning
and Zoning)
The park improvements (referred to as the lake plan) referenced herein and
attached hereto as Exhibit “C” shall commence prior to or simultaneously
with the first building permit for vertical construction to be built and diligently
constructed without delay until complete, per Exhibit C of Resolution 81,
2001 of the Development Order of the Regional Center DRI. (Planning and
Zoning )
The applicant of the subject development shall have the sole responsibility
of implementing and installing the lake plan as reflected in Exhibit “C” of this
Resolution. Prior to issuance of the first Certificate of Occupancy, the lake
plan shall be fully completed, and all elements of said plan shall be
installed, as approved by the City Council.. (Planning and Zoning)
Prior to issuance of the first Certificate of Occupancy, the applicant of the
subject development shall obtain and provide the City with an agreement
between the applicant and the owners of Parcels 27.09 and 27.13 regarding
the cost sharing for the implementation and installation of the lake plan.
(Planning and Zoning)
The Property Owners Association of the DRI shall be responsible for the
maintenance of all the park improvements and all elements of the lake plan.
(Planning and Zoning)
%muses shall be limited to the list attached as Exhibit “E”, attached hereto.
The applicant must receive approval by the City Council for any use that is
indicated as a conditional use, prior to issuance of a building permit for
those tenant improvements. (Planning and Zoning)
%=Within 60 days of the effective date of this Resolution, the applicant will
submit an “Operating Agreement” in a form acceptable to the City Attorney
between the City and the applicant, establishing the management and use
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Date Prepared: November 3,2003
Resolution 212,2003
Revised: December 8,2003 ,
of the Lake Park, including the plaza areas located east of Victoria Gardens
Drive. The Operating Agreement will define such items as allowable uses,
programming of events, public access, enforcement, and maintenance and
will include provisions for review and modification. The Operating
Agreement must be approved by the City Council prior to the issuance of
the first building permit. (Planning and Zoning, City Attorney)
==Prior to the issuance of any development permits, the applicant shall
obtain all necessary approvals and permits from NPBCID to facilitate the
redevelopment of the lake tract (Park), including the necessary transfer of
properties to the City of Palm Beach Gardens as contemplated by the site
plan. (Planning and Zoning, City Engineer, City Attorney)
%=A total of seven mobile site amenity / sales kiosks shall be permitted for
the project. A maximum of three of the seven amenity / sales kiosks may
be utilized within the lakefront plaza area of the project, on site only. All
mobile site amenity / sales kiosks shall remain out of view from Alternate
AIA at all times. (Planning and Zoning)
&&The applicant shall ensure that the video sign located within the courtyard
of the site is not visible from any public right-of-way, parking lots, or
residential district, per Section ,78-289 of the City Code. (Planning and
Zoning )
4-&& The on-street parking within Victoria Gardens Avenue right-of-way shall
be free of charge and must not be assigned to any specific tenant on site.
(Planning and Zoning)
16. The proposed awnings shall be of solid color and striped awninas shall not
be permitted within the subject site. (Planninq and Zoninq)
17. If shopping carts are to be used on site, shoppina carts corrals shall be
provided bv the applicant and shall be screened from view bv means of a
wall and substantial landscapins. The corrals shall be constructed of solid
walls and of materials compatible with the primary structures approved on
site. (Planninq and Zoninq)
18. ShoDpinq carts shall not be allowed to accumulate in any outside area, and
shall be removed from cart corrals in a timelv manner and relocated to
storaqe areas inside building structures. (Planninq and Zoninq)
19. Within 30 davs of the effective date of this Resolution and subiect to
Planninq and Zoninq staffs approval, the applicant shall provide revised
floor and site plans to the City reflecting at least two and separate public
restroom areas on the first floor of the subiect site. (Plannina and Zoninq)
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
Enerqy Conservation:
12.20. Prior to construction plan approval, potable water conservation devices
shall be incorporated into project buildings, per Condition 12 of the
Development Order of the Regional Center DRI. (City Engineer)
Prior to construction plan approval , energy conservation measures
identified in the Application for Development Approval (ADA) shall be
implemented, per Condition 24 of the Development Order of the Regional
Center DRI. (City Engineer)
Prior to construction plan approval, the subject project shall comply with
the energy plan established by the Property Owners Association
Architectural Review Board (Board) for the Regional Center DRI, per
Condition 25 of the Development Order of the Regional Center DRI.
(City Engineer)
Prior to issuance of the first certificate of occupancy, the applicant shall
demonstrate that a full line of energy-efficient appliances and equipment
will be used in all buildings on site, per Condition 27 of the Development
Order of the Regional Center DRI. (City Engineer)
Landscapinq and Environment:
ZL& Prior to issuance of a clearing permit, the applicant shall coordinate an
on-site meeting with the City Forester to confirm that existing and
proposed landscaping, as reflected on the proposed landscape plan,
effectively screens all parking areas from Alternate AI A, while remaining
in compliance with CPTED principals incorporating view corridors for
security purposes. (City Forester)
Prior to any land alteration, all Gopher tortoises shall be relocated from
the subject site to an acceptable alternate site approved by the City
Forester. (City Forester)
==The applicant shall, in a cooperative effort, work together with the
Police Department to implement, to the maximum extent possible, the
CPTED recommendations contained in the CPTED report prepared by
Paul Urschalitz and stamp dated by the City December 9, 2002. (Police
Department)
Enqineerinx
&ZPrior to the issuance of the first building permit, the applicant shall
submit a Master Pavement Marking and Signage Plan meeting the
requirements of the City Engineer. (City Engineer)
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
2!%2&.Prior to issuance of the first building permit, the applicant shall provide
a letter of authorization from the appropriate utility owners allowing the
applicant to pave, landscape, and place stormwater management
features, buildings, etc., within their respective utility easements. (City
Engineer)
%=Prior to issuance of the first building permit, the applicant shall identify
handicap ramps on the plans at all applicable locations. The applicant
shall provide ramp detail@) meeting ADA and FDOT standards and
identify the curb ramp number from FDOT Index 304. (City Engineer)
KQThe applicant shall maintain a minimum vertical height clearance of 13'
6" for the covered drop-off areas and the entry arches to facilitate
emergency vehicle access. (Fire Department)
%&Prior to the issuance of the first Certificate of Occupancy, Victoria
Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall
be completed and accepted by the City. Construction of said roadway
shall commence prior to or simultaneously with the first building permit for
vertical construction to be built and diligently constructed without delay
until complete, per Exhibit C of Resolution 81, 2001 of the Development
Order of the Regional Center the DRI. (Planning and Zoning and City
Engineer)
?&=Prior to issuance of the first building permit, all surface water
management system elements consistent with the Unit 19 Conceptual
Permit Modification issued by SFWMD shall be substantially completed
in accordance with the construction-phasing plan and accepted by the
City. The applicant shall provide a phasing plan, construction plan, and
supporting calculations for review and approval by the City, NPBCID, and
SFWMD that certifies all phases of the surface water management
system construction shall be equivalent to the Unit 19 Conceptual Permit.
(City Engineer)
%=Prior to issuance of the first building permit, the applicant shall submit
to the City for review and approval a boundary re-plat and record said
plat in the public records of Palm Beach County. (City Engineer)
%=The applicant shall submit, at its cost, an annual parking study to
determine actual parking demand at the site. The observed demand will
be compared to the actual supply to determine if the provided parking
supply is adequate to accommodate existing demand plus expected
demand generated by the uses that have not yet been issued certificates
of occupancy. This calculation will include an appropriate buffer between
parking supply and demand as recommended by either the Institute of
Transportation Engineers, Urban Land Institute, or other recognized
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
published traffic engineering organizations or resources. The first annual
parking study must be submitted when Certificates of Occupancy for 80%
of the project’s approved square footage have been issued. The parking
study will be performed on an annual basis for a period of five years.
Said study shall be performed by an independent professional traffic
engineer mutually selected by the applicant and City staff. The precise
methodology shall be agreed upon by both the applicant and the City
staff at the time that the study is initiated. At a minimum, the study is to
be performed during the peak season and during the peak operating
hours on a Thursday, Friday, and Saturday (with the exception of the
Christmas and Thanksgiving holidays), or as determined by the Growth
Management Director. (City Engineer)
32&Should the parking study conclude that the available on-site parking is
90% or more occupied, then the applicant shall provide a permanent
(perpetual) solution to increase parking supply for the project that can
include the construction of a second parking garage as shown on the
alternate site plan referenced herein and attached hereto as Exhibit “D”,
or other viable alternative means as approved by City Council. When the
on-site parking is determined to be 90% or more occupied, the shared
parking study provided by the applicant shall be considered null and void,
and the applicant shall construct the required parking based on the
number of spaces recommended by the above-referenced parking study,
or as otherwise determined by the City Council. (City Engineer)
%.=Prior to issuance of any Certificate of Occupancy, the applicant shall
transfer any surety for completed public improvements and post
additional surety as necessary to secure 110% of the cost of construction
of the second parking garage located on the west side of the entrance off
of Gardens Parkway Boulevard. The City shall not release any surety
posted by the applicant for public improvements and the additional surety
to be paid by the applicant after completion of said improvements for a
period of five years from the date the subject development receives a
Certificate of Occupancy of 80% of the approved square footage for the
subject site. (Planning and Zoning)
%=Construction of the second parking garage located on the west side of
the entrance off of Gardens Parkway Boulevard, or provision of additional
parking spaces by a permanent (perpetual) alternative means for the
project as defined in Conditions and 323!5, shall be completed
within one year of the determination that the on-site parking is 90%
occupied. (City Engineer)
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Revised: December 8,2003
Resolution 212,2003
&=If the second parking garage is not completed as determined by the
issuance of the certificate of completion within one year of the
determination that the on-site parking is 90% occupied, then no
additional certificates of occupancy or tenant occupational licenses shall
be issued until said parking garage is completed. (Planning and Zoning,
City Engineer)
Prior to the issuance of the first Certificate of Occupancy, the applicant
shall construct all of the required improvements referenced in the traffic
analysis for the project prepared by Kimley-Horn & Associates, Inc. dated
May 2003. (City Engineer)
WA The applicant shall grant to the City a temporary construction easement
20 feet wider than the proposed footprint of the parking garage located
on the west side of the entrance off of Gardens Parkway Boulevard,
complete with access to a public roadway, as reflected on the “Alternate
Site Plan,” Exhibit “D” attached hereto. Said easement shall be
conveyed to the City by a separate instrument within 30 days from the
date the City Council approves the additional parking spaces as
determined in Conditions W 34 and 34 35 above.
Police:
41. Liqhting locations shall not conflict with landscaping, to include lonq-term
tree canopv qrowth. (Police)
42. All liqhting for parking lots and pedestrian walkways shall be metal halide.
(Police)
43. Buildinq liahtinq shall be installed around perimeter on all sides and on
pedestrian walkways. Non-glare lighting shall be used. (Police)
44. All entrv siunaue shall be lighted. (Police)
45. The amlicant shall provide timer clock or photocell liqhtinq for niqhttime use
above or near entwavs and all exits, includina emeruencv exits. (Police)
46. Prior to issuance of the First Certificate of OccuDancv, the applicant shall
provide to the Citv details of the commercial numbering svstem for
emerqencv response twDoses in an 8 %” X 1 I ’I map format. (Police)
47. Numerical address shall be illuminated for niqhttime visibilitv and not
obstructed, have bi-directional visibilitv from roadwavs, be unobstructed,
and be placed at front and near of business. (Police)
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
48. All ATMs on site shall complv with F.S.S. 655.960-965 relatinq to ATMs.
{Police)
49. All structures shall be taraet-harden to include buildings pre-wired for an
alarm system. doors equipped with metal plate over the threshold of the
lockinq mechanism, rear doors have 180-deqree peephole viewers, and
perimeter doors equipped with hinges that utilize non-removable hinqe pins,
{Po I ice)
50. The liqhting desiqn for the two parkinq structures shall incorporate both
vertical and horizontal luminance: provide liqhtinq into the edqes of parkinq
stalls and over parked vehicles; Drovide vandalism resistant lighting fixtures;
provide metal halide: provide liqhting fixtures positioned to minimize qlare;
and provide liqhtinq fixtures around the exterior of both structures. (Police)
51. All stairwells servina the parkinq qarage shall have open metal handrails
and steps. (Police)
52. All elevators shall be equipped with emergency two-wav communication.
{Police)
53. Elevators shall not be equipped with stop buttons. (Police)
54. The applicant shall work with the Police Department to develop a hiqh-
resolution diqital closed-circuit securitv system with recordinq and photo
processinq picture or video printout capabilities. The svstem shall be
desiqned to include a minimum of 12 diqital cameras, with the abilitv to be
expanded if warranted bv mutual aqreement between the applicant and the
Police Department. Forty-five davs followina the openina of the theater, the
aoplicant will conduct an on-site meeting with the Police Department for the
purpose of confirminq the most effective camera locations. The svstem
shall be installed and fullv oDeration within four months of the opening of
the theater. (Police)
55. Prior to issuance of First Certificate of OccuDancy, convex mirrors shall be
installed in all stairwell and elevator areas. (Police)
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following waivers:
1. Section 78-344(1)(1)a, Standard Space, to allow for a 9.5-foot parking stall
width for the two parking garages and the parking area in the south central
location of the site along Kyoto Gardens Drive.
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
Section 78-153, Maximum Building Height, to allow for a height of 45 feet
for two-story buildings, 62 feet for the theater building, and 75 feet for the
arch feature.
Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces
by eliminating the wheel stops.
Section 78-319(a)(l), Landscape Buffer Width, to allow a zero-foot buffer
along Victoria Gardens Drive.
Section 78-320(a)(4), Foundation Planting, to allow no foundation planting
by entrances and service areas.
Section 78-153, Street Side Setbacks, to allow for a zero-foot setback
adjacent to Victoria Gardens Drive.
Section 78-147, Outdoor Sales, to allow for up to seven kiosks on site.
Section 78-285, Permitted Signs, to allow for six tenant signs for Building A,
one tenant sign for Building I, one tenant sign for Building MI, one tenant
sign for Building M2, and four project logo signs.
Section 78-341 , Intent, to allow for on-street parking along Victoria Gardens
Drive.
IO. A waiver from Section 78-285 of the Citv’s Land Development Requlations
to permit seven additional proiect identification signs located at four
different buildings within the proiect.
A waiver from Section 78-285 of the City’s Land Development Regulations
to permit letter heiqhts of 42 inches for one principal tenant sign for the
theater on the west elevation of the proiect.
SECTION 3. This site plan amendment approval shall be in compliance with the
Following plans on file with the City’s Growth Management Department:
1. Downtown at The Gardens, Site Plan Data, by Cotleur Hearing, revised
March 10,2003, Sheet 1.
2. Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003), Sheet 4
(revised April 14, 2003), and Sheet 5 (revised May 22, 2003).
3. Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003, Sheet 6.
4. Site Details, by Cotleur Hearing, revised January 28, 2003, Sheet 7.
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
& :*ws-
4A
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&% Hardscape Plan, by Cotleur Hearing, revised April 14, 2003, Sheets 14 and
15.
?4&. lST Floor Plan, 2ND Floor Plan, Floor Plans, Exterior Elevations, MISC.
Exterior Details, 1’‘ Floor Plan, East Parking Garage, West Parking Garage,
by OG&P, Sheets A-1.1 - A-6.1, and PG-1 and PG-2, revised November
15,2002 (A-I .I - A-6.1) and March 10,2003 (PG-1 and PG-2).
Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC,
dated April IO, 2003.
ST8, Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9.
40&. Master Sign Plan, by CommArts, Inc., dated November 15, 2002, Sheets
1-17.
Master Plan, “Alt. Plan Includes West Garage, by Cotleur Hearing, revised
May 22,2003.
Cotleur Hearing, Sheets 1 - 15, revised October 23. 2003.
12. A Mixed Use Development Downtown at the Gardens, Perspective Views,
Architectural Drawinus, Building Siqnaqe Program, and East Garaqe, bv
OGS&P. Sheets AI .I, A2.1. A-3.1, A-4.1 - A-4.4, A-5.1. A-6.1, and PG-I,
dated September 29, 2003.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not
expressly modified herein shall remain in full force and effect.
SECTION 5. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 3,2003
Revised: December 8,2003
Resolution 212,2003
PASSED AND ADOPTED this ‘/g3day of &fc&qfi& ,2003.
ATTEST:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
BY: ” Patricia Siider, City Clerk
,r.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
MAYOR JABLIN
-- AYE NAY ABSENT
VICE MAYOR SABATELLO --- c/
L/ CO U NC I LMEMBER CLARK ---
/- --- COUNCILMEMBER RUSSO
J COUNCILMEMBER DELGADO ---
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\-reso 21 2 2003 - downtown at the gardens-revised per menhdoc
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Date Prepared: May 23,2003
Resolution 91,2003
RESOLUTION 91,2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
MACARTHUR CENTER SIGNAGE PROGRAM (RESOLUTION 64,
1998); APPROVING THE SITE PLAN FOR DOWNTOWN AT THE
GARDENS WITHIN THE REGIONAL CENTER DEVELOPMENT OF
REGIONAL IMPACT (DRI) TO ALLOW THE DEVELOPMENT OF
26,000 SQUARE FEET OF NEIGHBORHOOD COMMERCIAL, 220,745
SQUARE FEET OF RETAIURESTAURANT, 67,690 SQUARE FEET (UP
TO 3,220 SEATS) OF CINEMA, AND 20,000 SQUARE FEET OF
PROFESSIONAL OFFICE USE; PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has received an application from Menin Development
Companies, Inc. for approval of a site plan for Downtown at the Gardens, located within the
Regional Center DRI along Alternate AlA, as more particularly described in Exhibit "A
attached hereto; and
WHEREAS, the subject parcel is currently zoned Planned Community District
(PCD) Overlay with an underlying zoning of Professional Office (PO) and General
Commercial (CGI) and a future land-use designation of Professional Office (PO); 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, on April 8,2003, the Planning and Zoning Commission recommended
approval of the site plan; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1, The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
amends Resolution 64,1998, the MacArthur Center Signage Program, to allow for additional
signage for Downtown at the Gardens as reflected in Exhibit "8" attached hereto.
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Date Prepared; May 23,2003
Resolution 91,2003
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the site plan for Downtown at the Gardens to allow for the development of 26,000
square feet of neighborhood commercial, 220,745 square feet of retailkestaurant, 67,690
square feet of cinema (up to 3,220 seats), and 20,000 square feet of professional office
use.
SECTION 4. Said site plan approval shall comply with the following conditions,
which shall be binding upon the applicant, its successors, assigns, and /or grantees:
Land-Use:
1.
2.
3.
4.
5.
6.
Retail use other than quality or specialty restaurant use shall be a part of a
multiple I mixed use building(s) linked by pedestrian plazas, per Exhibit C of
Resolution 81, 2001 of the Development Order of the Regional Center DRI.
(Planning and Zoning)
Discount department stores as defined by the City’s Land Development
Regulations shall be prohibited on the subject site, unless approved by the City
Council, per Exhibit C of Resolution 81,2001 of the Development Order of the
Regional Center DRI. (Planning and Zoning)
Freestanding fast food restaurants and freestanding pharmacies I drugstores
shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development
Order of the Regional Center DRI. (Planning and Zoning)
A building permit for the multi-screen theater, no less than 55,000 square feet
and no less than 2,600 seats, shall be included within the first 100,000 square
feet to be built by the applicant. No more than one building permit shall be
issued for the entire project prior to issuance of a building permit for said
theater. Said theater shall be diligently constructed, without owner delay, until
completion, per Exhibit C of Resolution 81,2001 of the Development Order of
the Regional Center DRI. (Planning and Zoning and Building)
Prior to issuance of the first Certificate of Occupancy, the applicant shall
comply with Section 78-262 of the City Code dealing with Art-in-Public-Places,
The applicant shall provide art on site or make a payment in lieu of art. The
Art-in-Public-Places Committee shall review and make a recommendation to
the City Council on any proposed art on site. (Planning and Zoning)
The park improvements (referred to as the lake plan) referenced herein and
attached hereto as Exhibit “C” shall commence prior to or simultaneously with
the first building permit for vertical construction to be built and diligently
constructed without delay until complete, per Exhibit C of Resolution 81 , 2001
of the Development Order of the Regional Center DRI. (Planning and Zoning)
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Date Prepared: May 23,2003
Resolution 91,2003
The applicant of the subject development shall have the sole responsibility of
implementing and installing the lake plan as reflected in Exhibit “C” of this
Resolution. Prior to issuance of the first Certificate of Occupancy, the lake
plan shall be fully completed, and all elements of said plan shall be installed,
as approved by the City Council. (Planning and Zoning)
Prior to issuance of the first Certificate of Occupancy, the applicant of the
subject development shall obtain and provide the City with an agreement
between the applicant and the owners of Parcels 27.09 and 27.13 regarding
the cost sharing for the implementation and installation of the lake plan.
(Planning and Zoning)
The Property Owners Association of the DRI shall be responsible for the
maintenance of all the park improvements and all elements of the lake plan.
(Planning and Zoning)
Within 120 days of the effective date of this Resolution, the applicant shall
revise all applicable plans and calculations to include square footage
consistent with the Code requirements in effect as of that date. If necessary,
the applicant shall also revise the parking and trip generation analysis
accordingly, to be approved by the City Engineer, or reduce the proposed
development square footage by the amount of square feet not accounted for
by the applicant. (Planning and Zoning)
Uses shall be limited to the list attached as Exhibit “E”, attached hereto. The
applicant must receive approval by the City Council for any use that is
indicated as a conditional use, prior to issuance of a building permit for those
tenant improvements. (Planning and Zoning)
Within 60 days of the effective date of this Resolution, the applicant will submit
an “Operating Agreement” in a form acceptable to the City Attorney between
the City and the applicant, establishing the management and use of the Lake
Park, including the plaza areas located east of Victoria Gardens Drive. The
Operating Agreement will define such items as allowable uses, programming
of events, public access, enforcement, and maintenance and will include
provisions for review and modification. The Operating Agreement must be
approved by the City Council prior to the issuance of the first building permit.
(Planning and Zoning, City Attorney)
Prior to the issuance of any development permits, the applicant shall obtain all
necessary approvals and permits from NPBCID to facilitate the redevelopment
of the lake tract (Park), including the necessary transfer of properties to the
City of Palm Beach Gardens as contemplated by the site plan. (Planning and
Zoning, City Engineer, City Attorqey)
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Date Prepared: May 23,2003
Resolution 91, 2003
14. A total of seven mobile site amenity I sales kiosks shall be permitted for the
project. A maximum of three of the seven amenity / sales kiosks may be
utilized within the lakefront plaza area of the project, on site only. All mobile
site amenity I sales kiosks shall remain out of view from Alternate AIA at all
times. (Planning and Zoning)
15. The applicant shall ensure that the video sign located within the courtyard of
the site is not visible from any pu’blic right-of-way, parking lots, or residential
district, per Section 78-289 of the City Code. The video sign shall only be
used or limited to advertising for on-site tenants. (Planning and Zoning)
16. The on-street parking within Victoria Gardens Avenue right-of-way shall be free
of charge and must not be assigned to any specific tenant on site. (Planning
and Zoning)
.. Enerqv Conservation:
17.
18.
19.
20.
Prior to construction plan approval, potable water conservation devices shall
be incorporated into project buildings, per Condition 12 of the Development
Order of the Regional Center DRI. (City Engineer)
Prior to construction plan approva’l, energy conservation measures identified in
the Application for Development Approval (ADA) shall be implemented, per
Condition 24 of the Development Order of the Regional Center DRI. (City
Engineer)
Prior to construction plan approval, the subject project shall comply with the
energy plan established by the Property Owners Association Architectural
Review Board (Board) for the Regional Center DRI, per Condition 25 of the
Development Order of the Regional Center DRI. (City Engineer)
Prior to issuance of the first certificate of occupancy, the applicant shall
demonstrate that a full line of energy-efficient appliances and equipment will
be used in all buildings on site, per Condition 27 of the Development Order of
the Regional Center DRI. (City Engineer)
Landscapina and Environment:
21. Prior to issuance of a clearing permit, the applicant shall coordinate an on-site
meeting with the City Forester to confirm that existing and proposed
landscaping, as reflected on the proposed landscape plan, effectively screens
all parking areas from Alternate AlA, while remaining in compliance with
CPTED principals incorporating view corridors for security purposes, (City
Forester)
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Date Prepared: May 23,2003
Resolution 91,2003
22. Prior to any land alteration, all Gopher tortoises shall be relocated from the
subject site to an acceptable alternate site approved by the City Forester. (City
Forester)
23. The applicant shall, in a cooperative effod, work together with the Police
Department to implement, to the maximum extent possible, the CPTED
, recommendations contained in the CPTED report prepared by Paul Urschalitz
and stamp dated by the City December 9,2002. (Police Department)
Enqineering
24.
25.
26.
27.
28.
29.
Prior to the issuance of the first building permit, the applicant shall submit a
Master Pavement Marking and Signage Plan meeting the requirements of the
City Engineer. (City Engineer)
Prior to issuance of the first building permit, the applicant shall provide a letter
of authorization from the appropriate utility owners allowing the applicant to
pave, landscape, and place stormwater management features, buildings, etc.,
within their respective utility easements. (City Engineer)
Prior to issuance of the first building permit, the applicant shall identify
handicap ramps on the plans at all applicable locations. The applicant shall
provide ramp detail(s) meeting ADA and FDOT standards and identify the curb
ramp number from FDOT Index 304. (City Engineer)
The applicant shall maintain a minimum vertical height clearance of 13' 6" for
the covered drop-off areas and the entry arches to facilitate emergency vehicle
access. (Fire Department)
Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens
Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed
and accepted by the City. Construction of said roadway shall commence prior
to or simultaneously with the first building permit for vertical construction to be
built and diligently constructed without delay until complete, per Exhibit C of
Resolution 81 , 2001 of the Development Order of the Regional Center the DRI.
(Planning and Zoning and City Engineer)
Prior to issuance of the first building permit, all surface water management
system elements consistent with the Unit 19 Conceptual Permit Modification
issued by SFWMD shall be substantially completed in accordance with the
construction-phasing plan and accepted by the City. The applicant shall
provide a phasing plan, construction plan, and supporting calculations for
review and approval by the City, NPBCID, and SFWMD that certifies all
phases of the surface water management system construction shall be
equivalent to the Unit 19 Conceptual Permit. (City Engineer)
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Date Prepared: May 23,2003
Resolution 91, 2003
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30. Prior to’ issuance of the first building permit, the applicant shall submit to the
City for review and approval a boundary re-plat and record said plat in the
public records of Palm Beach County. (City Engineer)
31. The applicant shall submit, at its cost, an annual parking study to determine
actual parking demand at the site. The observed demand will be compared to
the actual supply to determine if the provided parking supply is adequate to
accommodate existing demand. The first annual parking study must be
submitted when Certificates of Occupancy for 80% of the project’s approved
square footage have been issued. The parking study will be performed on an
annual basis for a period of five years. Said study shall be performed by an
independent professional traffic engineer mutually selected by the applicant
and City staff. The precise methodology shall be agreed upon by both the
applicant and the City staff at the time that the study is initiated. At a
minimum, the study is to be performed during the peak season and during the
peak operating hours on a Thursday, Friday, and Saturday (with the exception
of the Christmas and Thanksgiving holidays), or as determined by the Growth
Management Director. (City Engineer)
32. Should the parking study conclude that the available on-site parking is 90% or
more occupied, then the applicant shall provide a permanent (perpetual)
solution to increase parking supply for the project that can include the
construction of a second parking garage as shown on the alternate site plan
referenced herein and attached hereto as Exhibit “D”, or other viable
alternative means as approved by City Council. When the on-site parking is
determined to be 90% or more occupied, the shared parking study provided by
the applicant shall be considered null and void, and the applicant shall
construct the required parking spaces as determined by the City Council. (City
Engineer)
33. Prior to issuance of any Certificate of Occupancy, the applicant shall transfer
any surety for completed public improvements and post additional surety as
necessary to secure 110% of the cost of construction of the second parking
garage located on the west side of the entrance off of Gardens Parkway
Boulevard. The City shall not release any surety posted by the applicant for
public improvements and the additional surety to be paid by the applicant after
completion of said improvements for a period of five years from the date the
subject development receives a, Certificate of Occupancy of 80% of the
approved square footage for the subject site. (Planning and Zoning, City
Engineer)
Date Prepared: May 23,2003
Resolution 91,2003
34. Construction of the second parking garage located on the west side of the
entrance off of Gardens Parkway Boulevard, or provision of additional parking
spaces by a permanent (perpetual) alternative means for the project as
defined in Conditions #31 and 32, shall be completed within one year of City
Council approval of additional parking spaces consistent with Conditions #31
35. If the second parking garage is not completed as determined by the issuance
of the certificate of completion within one year of approval by the City Council
for the additional parking spaces, then no additional Certificates of Occupancy
or tenant occupational licenses shall be issued until said parking garage is
36. Prior to the issuance of the first Certificate of Occupancy, the applicant shall
construct all of the required improvements referenced in the traffic analysis
for the project prepared by Kimley-Horn & Associates, Inc. dated May 2003.
37. The applicant shall grant to the City a temporary construction easement 20
feet wider than the proposed footprint of the parking garage located on the
west side of the entrance off of Gardens Parkway Boulevard, complete with
access to a public roadway, as reflected on the “Alternate Site Plan”, Exhibit
“D” attached hereto. Said easement shall be conveyed to the City by a
separate instrument within 30 days from the date the City Council approves
the additional parking spaces as determined in Conditions #31 and 32 above.
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SECTION 5. The City Council of the City of Palm Beach Gardens hereby approves
the following waivers with this approval:
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Section 78-344(1)(1)aI Standard Space, to allow for a 9.5-foot parking stall
width for the two parking garages and the parking area in the south central
location of the site along Kyoto Gardens Drive.
Section 78-1 53, Maximum Building Height, to allow for a height of 45 feet for
two-story buildings, 62 feet for the theater building, and 75 feet for the arch
feature.
Section 78-344(6), Wheel Stops, to allow for head-to-head parking spaces by
eliminating the wheel stops.
Section 78-319(a)(l), Landscape Buffer Width, to allow a zero-foot buffer
along Victoria Gardens Drive.
Section 78-320(a)(4), Foundation.Planting, to allow no foundation planting by
entrances and service areas.
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Date Prepared: May 23,2003
Resolution 91,2003
6. Section 78-153, Street Side Setbacks, to allow for a zero-foot setback adjacent
to Victoria Gardens Drive.
Section 78-147, Outdoor Sales, to allow for up to seven kiosks on site.
Section 78-285, Permitted Signs, to allow for six tenant signs for Building A,
one tenant sign for Building I, one tenant sign for Building M1 , one tenant sign
for Building M2, and four project logo signs.
Section 78-341, Intent, to allow for on-street parking along Victoria Gardens
Drive.
7.
8.
9.
SECTION 6. Said approval and construction shall be consistent with plans filed with
the City's Growth Management Department as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Downtown at The Gardens, Site Plan Data, by Cotleur Hearing, revised
Aprill4,2003, Sheet 1.
Master Plan, by Cotleur Hearing, Sheet 3 (revised May 22, 2003), Sheet 4
(revised April 14,2003), and Sheet 5 (revised May 22, 2003).
Lake Area Site Plan, by Cotleur Hearing, revised May 22, 2003, Sheet 6.
Site Details, by Cotleur Hearing, revised January 28, 2003, Sheet 7.
Landscape Plan, by Cotleur Hearing, Sheets 8 and 9 (revised May 22,2003),
Sheets 10 and 11 (revised April 14, 2003), Sheet 12 (revised May 22, 2003),
and Sheet 13 (revised March 10, 2003).
Hardscape Plan, by Cotleur Hearing, revised April 14,2003, Sheets 14 and 15.
lST Floor Plan, 2ND Floor Plan, Floor Plans, Exterior Elevations, MISC. Exterior
Details, lst Floor Plan, East Parking Garage, West Parking Garage, by OG&P,
Sheets A-1.1 -A-6.1, and PG-1 and PG-2, revised November 15,2002 (A-1.1 - A-6.1) and March IO, 2003 (PG-1 and PG-2).
Photometric Plan, Downtown at the Gardens, by Brannon & Gillespie, LLC,
dated April 10, 2003.
Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9.
Master Sign Plan, by CommArts, Inc., dated November 15,2002, Sheets 1-17.
11. Master Plan, "Alt. Plan Includes West Garage, by Cotleur Hearing, revised May
22, 2003.
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. . . . .- . . . . . . , ._. - ._ . . - . . . ... .- . . . . . . . -. . . - -. .
Date Prepared: May 23, 2003
Resolution 91, 2003
01
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SECTION 7. The approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant’s agents at any workshop or public
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SECTION 8. This Resolution is conditioned upon the City Council approving
Resolution 93, 2003, the pending NOPC for the Regional Center. Therefore, this
Resolution shall become effective after the appeal period for Resolution 93, 2003 has
(The remainder of this page left intentionally blank)
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Date Prepared: May 23,2003
. Resolution 91, 2003
PASSED AND ADOPTED this day of Jd , 2003.
DENS, FLORIDA
. ,\. \.'* ' '
ATTE,ST: -- :.
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
-- AYE NAY ABSENT
CRO ---
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK --- 6p
COUNCILMEMBER DELGADO d- -
--- rR COUNCILMEMBER RUSSO
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13
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: SPLN-06-03-000005
SUBJECT/AGENDA ITEM
SP-06-03-000005: Latitudes in the Gardens - Site Plan Approval
Recommendation to City Council: A request by Ms. Dodi Glas, of Gentile, Holloway,
O’Mahoney & Associates, Inc., on behalf of Gardens 95 Limited Partnership, LCC, for site plan
approval to allow the development of 9,000 sf of restaurant use, 15,000 sf of retail use, 38,000 sf of
medical office use, and 14,866 sf of professional office use on “Parcel A” and “Parcel B” of the
Parcel 3 1.04 Mixed-Use Planned Community Development, consisting of approximately 9.0 acres
to be referred to as “Latitudes in the Gardens.” The approximately 50.58-acre Parcel 3 1.04 Mixed-
Use Planned Community Development is located directly east of the intersection of Interstate 95
and Central Boulevard.
[XI Recommendation to APPROVE with two (2) waivers and conditions of approval
[ ] Recommendation to DENY
Reviewed by:
Director
City Attorney
Christine P. Tatum
Finance Administrator
Allan Owens
Development
Compliance
Bahareh Keshavarz-Wolfs,
AICP
Administrator
Kara Irwin, AICP
Approved By:
City Manager
Ronald M. Ferris
Originating Dept.:
Growth Management:
Manage? a Project
Todd M. Miller, AICP
Principal Planner
[XI Quasi - Judicial
[ ] Legislative
[ 3 Public Hearing
Advertised:
Date: da
Paper: da
[ ] Required
[XI Not Required
Affected Parties:
[XI Notified
[ 3 Not Required
FINANCE:
Finance
Administrator:
Allan Owens
Building Accountant:
K. Labossiere
Fees Paid: [ 3
Date:
BY
Budget Acct.#:
N/A
PZAB Action:
[ ]Approved
[ ] App. w/ conditions
[ ]Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ 3 Rec. Denial
[ 3 Continued to:
Attachments:
Applicant’s Narrative
Site Location Map
Traffic Equivalency
PCD Master Site Plan
Resolution 53,2006
Analysis
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
Subject Property
Vacant
North
Parcel 3 1B a.k.a. Paloma PUD (Vacant)
0 On July 20, 2006 the City Council approved the rezoning and master site plan approval to the approximately
50.58 acre Parcel 31.04 MXDPCD. Concurrently with the PCD master site plan, the City Council also
granted site plan approval to the 23.9 acre residential portion located within “Parcel C” of the PCD.
However, no development has occurred on the site yet.
Mixed Use Planned
Community District Mixed-Use (MXD)
Overlay (MXDPCD)
Planned Unit
Development (PUD)
Residential High (RH)
Residential Medium
(RM)
Now the owners of the approximately 9.0 acre “Parcel A” and “Parcel B” of the Parcel 3 1.04 MXDRCD are
requesting site plan approval for the commercial portion of the master site plan, which is to be referred to as
“Latitudes in the Gardens.’’ The request is for site plan approval of 9,000 sf of restaurant use, 15,000 sf of
retail use, 38,000 sf of medical office use, and 14,866 sf of professional office use within the 9.0 acre
commercial portion.
-
East
Parcel 3 1B a.k.a. Paloma PUD (Vacant)
LAND USE & ZONING
Planned Unit Residential Medium
Development (PUD)
Planned Unit
Development (PUD)
Residential High (RH)
Residential Medium
(RM)
The land-use designation of the Site as shown on the City’s Future Land Use Map is Mixed-Use (MXD).
The site currently has a designation of Mixed-Use Planned Community District (MXDRCD) Overlay
Zoning. The applicant is requesting approval of a rezoning to a Mixed Use Planned Community District
(MXDPCD) Overlay with an underlying zoning of Mixed Use (MXD).
West Planned Development
Parcel 3 1.06 / 3 1.07 (Vacant)
The existing land uses and zoning designations of properties surrounding the Site are provided in the
Mixed-Use (MXD) &
Residential High
following table:
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
South
Sabal Ridge PUD
Interstate Highway 95
CONCURRENCY
Trafic
On April 18, 2005, conditional traffic concurrency for Parcel 31.04 was approved for 15,000 square feet
restaurant use, 4,000 square feet drive-in bank, 12,000 square feet drugstore use, 11,600 square feet
commercial retail use, 10,000 square feet professional office, and 252 multi-family units. On February 28,
2006, the applicant submitted a traffic equivalency statement to the City to revise the development program
2
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
to indicate 236 townhomes, 14,866 square feet of office, 38,000 square feet of medical office space, 9,000
square feet of restaurant space and 15,000 square feet of retail space. Said traffic equivalency was approved
by the County on November 28, 2006 (See Attachment). The City’s traffic consultant is completing their
review, and the equivalency is required to be approved prior to scheduling this petition for City Council
review.
However, the County granted traffic equivalency contingent upon several conditions regarding the provision
of ingredegress from Central Boulevard and the installation of a northbound left twn-lane at Central
Boulevard and Victoria Falls Boulevard. Therefore, staff has included conditions of approval addressing the
ingress/egress from Central Boulevard and the provision of the left turn-lane.
PROJECT DETAILS
The proposed commercial development will consist of two (2) three-story buildings, and is proposed as a two
phase project. Initially everything but Building #2 and its associated parking will be constructed.
Specifically, Phase 1 will include Building #I, the westernmost lake, the parking lot (except the parking
around Building #2), and all three ingredegress points.
The two buildings are mirror images of each other, split by a common area with a centralized piece of “art in
public places”.
Architecture
Latitudes in the Gardens features two (2) three-story mixed use buildings done in a Mediterranean Revival
architectural style. Buildings done in the Mediterranean Revival style are typically asymmetrical and
eclectic with multiple levels, multiple interior and exterior spaces and multiple buildings. Building massing
tends to be irregular with a variety of shapes and heights.
The proposed buildings are identical three-story commercial buildings with barrel tile roof. Although the
buildings do not incorporate all the elements of the Mediterranean Revival architectural style, they do
incorporate such elements as arched entryways, balconies, and a tower element.
Landscaping
The landscaping is dominated by Live Oaks, Sabal Palms, and Montgomery Palms. The ,landscape plans
exceed the minimum required landscape points. Specifically, the project is required 18,273 points, and
provides a total of 18,361 points. Furthermore, the landscaping is complementary to adjacent community
landscape designs.
The Latitudes in the Gardens site plan has an open space requirement of 15%. The applicant is providing
45.4% open space. The subject property shares an upland preserve with the residential portion of the PCD to
the south, which will also connects to adjacent preserves along Central Boulevard, Interstate 95 and the
Paloma PUD development to the east. This interconnection of preserve areas provides the property a sense of
natural wooded areas.
Landscape buffers have been provided all of the street frontages. Specifically, the applicant has provided 20’
landscape buffers along Elm Avenue and Victoria Falls Boulevard, pursuant to the requirements of Section
78-3 19 of the City Code, entitled “Minimum landscape buffer and planting requirements”. The landscape
buffer along Central Boulevard is included within the 1 IO’+ deep, 2.07 acre upland preserve. Pursuant to
Section 78-316 of the City Code, entitled “Preserve areas”, preserve areas of 25’ in width or greater may be
used to meet the landscaping requirements. Furthermore, the 1 lo’+ deep preserve area meets the minimum
3
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
requirements of Section 78-23 1 of the City Code, entitled “Parkway overlay district”. Specifically, Section
78-23 1 requires a 62’ wide strip of enhanced native vegetation.
Parking
0
Per Code, the mix of proposed uses requires 396 spaces. The applicant is providing 397 parking spaces (264
of which will be constructed with the first building in Phase 1). Specifically, the approved uses require:
1 Der 300 sf
1 per 200 sf
1 Der 250 sf
1 per 150 sf & 1 per 250
sf for EmDlovee Parkina
50 50
190 I 190
396 I 397
Signage
The applicant is proposing one monument project sign at the entrance off of Central Boulevard. The
requested scored stucco sign is 5’ in height and 11.5’ in width, which is consistent with Section 78-285 of the
City Code, entitled “Permitted signs”.
According to the applicant, the Latitudes in the Gardens project will be in two phases. The first phase will
consist of Building #I, 264 of the 397 parking spaces, the westernmost lake, and all three ingresdegress
points off of Central Boulevard, Elm Avenue, and Victoria Falls Boulevard.
Access
Access to the subject property is proposed from Central Boulevard, Victoria Falls Boulevard, and Elm
Avenue. The development is proposed to have integrated pedestrian and vehicular connections that will
provide easy access to the residential portion of the PCD to the south, the Paloma PUD to the east, and to the
major roadways surrounding the site.
CPTED Compliance
Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention that
maintains the basic premise that the physical environment can be designed or managed to produce behavioral
effects that will reduce the incident and fear of crime. The Police Department has reviewed the site plan for
the subject property (Parcels A and B), and has provided staff with several comments pertaining to security
on site and adherence to the CPTED principles.
4
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
Provided
Landscaping and a
bridge structure
wlin the LME
No landscaping
within 10’ feet of
the buildings
except for potted
plants
0 WAIVER REOUESTS
J.’
Recommendation
Approval (1)
Approval (2)
The applicant is requesting the followin
Code Section
Section 78-563(e) entitled Lake
maintenance tracts
Section 78-320(a)( l), entitled
Foundation landscaping and
plantings
;wo (2) waivers (please see attached waiver iustification):
Required
No landscaping
andlor permanent
structures wlin
LME
Shall be foundation
landscaping within
10’ of all buildings
and structures
1. Section 78-563(e) - Waiver to allow landscaping and improvements within the lake
maintenance easement.
Applicant’s Justification: The applicant is requesting a waiver from Section 78-563 (e) to allow
landscaping and pedestrian amenities within the lake maintenance easement. Section 78-563 (e)
states: “Owners of property abutting a lake maintenance easement tract are prohibited from
installation of permanent improvements within a lake maintenance easement. The easement holder
may allow, subject to removal agreements, the installation of nonpermanent improvements such as
recreational equipment, excluding pools and similar improvements, which can be easily moved to
allow maintenance and repair activities.” It is the applicant’s desire to include landscaping and a
stone bridge with architectural detailing within the lake maintenance easement, splitting the two
proposed lakes.
Staff Recommendation: The waiver permits the installation of landscaping within the LME and the
construction of an architectural detailed stone bridge to split two proposed lakes. The stone bridge
will provide a visual amenity to both patrons of the subject property and the residents of the
previously approved residential portion, and will provide vehicular and pedestrian connectivity
between the commercial and residential portions of the PCD. Therefore, staff recommends
APPROVAL, of the waiver request. For reference purposes, this waiver has been granted by the City
Council for Mirasol Town Square within the Mirasol PCD and for The Point PCD located at
intersection of Interstate 95 and Military Trail.
2. Section 78-32O(a)(l) of the City Code - Waiver to allow a reduction in the required foundation
plantings.
Apulicant’s Justification: The applicant is requesting a reduction in the amount of required
foundation planting in order to permit alternative design treatments within the high traffic areas
around the buildings. In addition, the applicant has indicated they will be providing some plantings
within planters and other hardscape amenities around the buildings and the common space between
the buildings.
Staff Recommendation: Staff agrees with the applicant’s justification. Based upon the site design,
the location of a common plaza space between the buildings, and the use of brick pavers around the
building, staff recommends APPROVAL of the waiver request.
5
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition SP-06-03-000005 with two (2) waivers and the conditions of
approval listed below.
Planning and Zoning
1.
2.
3.
4.
Prior to the issuance of any building permits, the applicant shall submit a Master Signage program
for review and approval of the Planning and Zoning Department. (Planning & Zoning)
All outdoor seating shall be subject to the review and approval of the Planning and Zoning staff.
(Planning and Zoning)
Prior to the issuance of the first building permit, the property shall be replatted. (Planning & Zoning)
Prior to issuance of the first building permit, the applicant shall comply with Section 78-262 of the
City Code relative to Art in Public Places. The applicant shall provide art on site or make a payment
in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation
to the City Council on any proposed art on site. If the applicant is providing public art on site, the art
shall be installed prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning)
Until such time that a left tum-lane is constructed from northbound Central Boulevard at Victoria
Falls Boulevard, a right-in-only shall be the only access point into the project Erom Central
Boulevard. (Planning and Zoning and Engineering)
Should the developer of the Central Park project to the northwest construct the left-turn lane from
northbound Central Boulevard at Victoria Falls Boulevard, the applicant shall provide their
proportionate fair share contribution based on their northbound turning movement impact at said
intersection, toward the cost of construction of the turn-lane within 60 days of the Palm Beach
County acceptance of the turn-lane, or prior to the issuance of a building permit for the Phase I1
building, whichever comes first. (Planning and Zoning and Engineering)
5.
6.
0
Landscauing
7.
8.
9.
Prior to the issuance of a building permit for Phase I, the applicant shall sod and irrigate the area of
Phase 11. The sod and irrigation shall be maintained until Phase I1 is constructed. (City Forester)
The location of grease traps and dumpsters shall be subject to the approval of the City Forester, and
shall not be located within any green space. (City Forester)
Any future covered parking locations shall not conflict with any green space. (City Forester)
Enm'neering
10. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall
provide cost estimates in accordance with LDR Section 78-309 and 78-461 and for on-site project
improvements, not including public infrastructure, or landscaping and irrigation costs for review and
approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape
architect registered in the State of Florida and shall be posted with the City, prior to the issuance of
the first land alteration permit. (City Engineer)
The construction, operation and/or maintenance of any elements of the subject project shall not have
any negative impacts on the existing drainage of surrounding areas. If, at any time during the project
development, it is determined by the City that any of the surrounding areas are experiencing negative
drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts
in a period of time and a manner acceptable to the City prior to additional construction activities.
(City Engineer)
The Applicant shall copy to the City all permit applications, permits, certifications and approvals.
(City Engineer)
1 1.
12.
6
0 13* 14.
15.
16.
17.
18.
Police
19.
20. 0 21.
22.
23.
24.
25.
26.
27.
28.
Date Prepared: November 14,2006
Meeting Date: December 12,2006
Petition: sp-06-03-05
The Applicant shall provide all necessary construction zone signage and fencing as required by the
City Engineer. (City Engineer)
Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
Limited clearing for infrastructure and common amenity installation within an individual parcel of
the PCD that has not yet received site plan approval that is needed to support another parcel in the
PCD shall be permitted, subject to the approval of the City Engineer and City Forester. The limits of
said clearing and installation shall be identified on the final construction plan for review and
approval by the City prior to the issuance of the first land alteration permit. (City Engineer, City
Forester)
Prior to issuance of the first land alteration permit, applicant shall submit signed, sealed, and dated
construction plans (paving, grading, drainage and waterhewer) and all pertinent calculations for
review and comment. (City Engineer)
The applicant shall provide a traffic equivalency analysis should service be provided for the outdoor
seating associated with the proposed 9,000 SF restaurant. (City Engineer)
Prior to the issuance of the first land alteration, the applicant shall plat the site to include all existing
and proposed easements, in accordance with LDR Section 78-446, for City Council approval. (City
Engineer)
All lighting shall be metal halide following IESNA lighting standards. Applicant shall submit
detailed photometric lighting plan. The lighting shall be designed to maximize surveillance and
minimize glare or intrusive lighting. (Police)
Landscaping and building design shall not conflict with lighting (to include long-term tree canopy
growth). (Police)
The applicant shall provide timer clock or photocell sensor engaged lighting from dusk to dawn by
either direct or back lighting above or near entryways to residences and all pedestrian sidewalks.
(Police)
All pedestrian walkways on site, including parkway multi-use pathways and side walks within rights
of way shall be lit at minimum no less than .6 candles with 12’ pedestrian scale lighting of similar
design to parkway lighting used within Mirasol/Jog Road parkway corridor . (Police)
The applicant shall provide internally illuminated entrance sign that shall be visible from public
access to the property to expedite public safety response. (Police)
Landscaping shall not obstruct view of windows, building address numbers, and walkways. (Police)
The applicant shall provide a street address system depicting street names and residential numerical
for emergency response purposes. The address system depiction should be 8-1/2x11 map format.
(Police)
The applicant shall strategically place illuminated directories with arrow indicators for building
addresses at the ingress point at driver eyesight level mounted in a permanent stationary and durable
manner and shall remain unobstructed at all times from trees, shrubs, or anything that would tend to
hide or obscure from public access. Directories shall be in sufficient in number with contrasting
colors to insure public safety can easily locate a particular address or unit. (Police)
Numerical Address:
a. Shall be illuminated from dusk to dawn for nighttime visibility. (Police)
b. Must have bi-directional visibility from the roadway. Address numbers on entry doors and
garages of multi- tenant buildings need to be a minimum of 6% height. (Police)
c. Building numbers for multi-unit buildings shall be a minimum of 12” and placed in at least
two conspicuous locations away from landscaping, preferably on each comer of each free
standing side. A third building number shall be required on buildings 200’ or longer. (Police)
The applicant shall use raised brick pavers in high pedestriadvehicle travel areas in furtherance of
pedestrian safety. (Police)
7
Date Prepared: November 14,2006
Meeting Date: December 1z,2006
Petition: sp-06-03-05
29. Parkway Preservekleandering paths:
a. The applicant shall maximize natural surveillance of the pedestrian pathslwalk ways through
selective vegetative management practices. Ground cover should be no higher than 24” and
trees having a minimum 7’ clear trunk space creating a natural surveillance window.
(Police)
The applicant shall install 12’ pedestrian scale lighting along pathway and lake pedestrian
paths. (Police)
Sights lines should have a 12’ clear distance space at entry points, curves, mergers,
intersections, etc ... (Police)
Install signage to promote enhanced safety and awareness. (Police)
Illuminated directories shall be placed at the ingress points. (Police)
Benches in park area intended for nighttime use shall have adequate lighting in the area they
are located. Benches should also be in open view to eliminate concealment areas. (Police)
a. Shall be installed near building entrances or in close proximity to buildings. (Police)
b. Provide convenient access to bicycle parking and security. (Police)
Prior to issuance of the first building permit, the applicant shall prepare a construction site security
and management plan for approval by the City’s Police Department CPTED Official. (Police)
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, constructiodvisitor pass, reducelminimize entrylexit points, encourage sub
contractors to secure 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.
C.
d.
e.
f.
30. Bicycle Racks:
3 1.
(Police)
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
b. 0
entire planned unit development. (Police)
Miscellaneous.
32. 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)
Prior to the issuance of any land clearing permits, the applicant shall provide verification of unity of
control of both Parcel A and B by submitting Homeowner’s Association documents to the City
Attorney for review and approval.
33.
8
PARCEL 31.04 PARCELS A&B
SITE PLAN REVIEW APPLICATION
PROJECT NARRATIVE
FEBRUARY 28, 2006
Req uestllocation
This is a request for Site Plan approval of Parcels A&B (the non-residential) portion of
the 50.58 acre Parcel 31.04 PCD/MXD. The proposed plan of development is for a mix
of professional and medical office with some retail use totaling 76,866 square feet on
8.99 acres of land. The subject site is located on the southeast corner of Central
Boulevard and the proposed Victoria Falls Boulevard. The proposed development
integrates pedestrian and vehicular connections with the proposed residential
component of Parcel 31.04 as well as the surrounding community.
The applicant, Gardens 95 Limited Partnership, LLC is requesting review of a Site Plan
application within a proposed Planned Community Development for 76,866 square feet
of restaurant, professional office, medical office and retail space. The proposed
architectural and site design of the non-residential development will be consist with and
integrate with the proposed residential portion of PCD.
The applicant is proposing the following square footage based on the proposed uses:
9,000 sq. ft. of restaurant (including outdoor seating);
15,000 sq. ft. of retail
38,000 sq. ft. of medical office
14,866 sa. ft. of Professional office
76,866 sq. ft. total non residential use
The proposed development is conveniently located at the future interchange of Central
Boulevard and Interstate 95 and will provide the surrounding residential developments
easy access to neighborhood conveniences.
History:
Currently being reviewed by the City is the proposed rezoning from a Planned
Development Area zoning designation to a Mixed Use Planned Community District
(MXDIPCD) Overlay zoning designation and approval of a Planned Community District
(PCD) master plan and the site plan of the residential component of the PCD.
On December 18, 2003 the City Council of Palm Beach Gard
38, 2003 approving a Small Scale Land Use Map Amendme 0
FEB 28 2006
PLANNING & ZONING DIV
Plan of the City of Palm Beach Gardens relating to certain property consisting of
approximately 3.42 acres. The approving ordinance allowed for a change of the Land
Use designation from a Residential High (RH) to a Mixed Use (MXD) Land Use
designation. This amendment allowed for the Future Land Use designation of MXD to
follow the actual property boundaries of the parcel. Furthermore, a companion
amendment on the adjacent property was done to convert MXD to RH correspondingly.
Concurrency:
The original application for Concurrency Certification for the Parcel 31.04 MXD PCD
was submitted to the City on March 28, 2003. On May 18, 2005 Parcel 31.04 was
granted a conditional concurrency certification for the following uses:
252 multi-family dwelling units
15,000 square feet of restaurant use
10,000 square feet of general office use
12,000 square feet of drugstore use
11,600 square feet of general commercial use
4,000 square feet of drive-through bank use.
With this application, we are modifying the development program as follows:
9,000 sq. ft. of restaurant (including outdoor seating);
15,000 sq. ft. of retail
38,000 sq. ft. of medical office
14,866 sa. ft. of professional office
76,866 sq. ft. total
0
The revised traffic report is being submitted with this application for site plan review
Access:
There are several access points into the subject site. Access on the north is from the
proposed Victoria Falls Boulevard which borders the entire PCD site on the northern
perimeter. Access from the west is from Central Boulevard. Access from the east is
from the proposed Elm Avenue which borders the entire PCD site on the eastern
perimeter. The development integrates pedestrian and vehicular connections that will
provide the residents easy access into the proposed community.
2
i I
Use: PCDlMXD
Existing Zoning and Land Use Designations
Code Comparison Proposed Compliance
(MXD)
1 EXISTING USE
Max Lot Coverage
Max Building Height
SUBJECT PROPERTY:
Existing - Vacant
Requested - Mixed Use
Community
70% 6.5% Ye=
Yes 59 feet TBD by CC
TO THE NORTH and
EAST :
Paloma PUD (approved)
Min. Open Space
TO THE SOUTH :
Existing - Vacant
Requested - Mixed Use
Community
15 % 45.4% Yes
TO THE WEST:
Parcel 31.06 - vacant
Central Park (pending)
Side Facing Street
Side (S. parcel line)
ZONING
Existing - PDA
Requested PCD
TBD by CC 240.7 feet
TBD by CC 105.3 feet
(Victoria Falls)
PUD
Existing - PDA
Requested PCD
PDA
FUTURE LAND USE
MXD
RH and RM
MXD/RH
RH
3
SITE ANALYSIS:
PARCEL 31.04 I PARCELS A and B
(PARCEL 31.04 MXD PCD)
Use: PCDlMXD
Rear (E. prop line)
Code Comparison Proposed Compliance
(MXD)
TBD by CC 141.2 feet (Elm)
Number Required
Stall Dimensions
I Buffers I 15' I 15' I Yes I
396 396 Yes
Yes 10' x 18.5' 10' x 18.5'
I Points I 16,925 I 27.182.8 I Yes I
Required
No improvements
within LME
Foundation
plantings around
all buildings
WAIVERS REQUESTED:
Proposed Waiver Requested
Landscaping and To allow landscaping
pedestrian and pedestrian
amenities to amenities within
enhance aesthetics LME
and pedestrian
experiences
Reduction in To allow reduction in
foundation foundation plantings
plantings at high at high pedestrian
pedestrian traffic traffic areas
areas where
hardscape and
other planting
Item
Improvements in LME
Foundation Plantings
Section
78-563(e)
78-320(a)( 1)
4
WAIVER JUSTIFICATIONS:
Lake Maintenance Easement
The applicant is proposing a waiver request from Section 78-563(e) - Prohibited
Improvements. The waiver is being requested to allow for improvements within the
LME. The improvements being proposed are for aesthetic considerations of landscape
material within the northeastern area of the lake (Parcel B) LME. We are proposing
landscape material such as Live Oaks, Bald Cypress and Sand Cord Grass and a
bench to provide for pedestrians to relax and enjoy the lake. The bridge is also a
design amenity for gathering and a focal point of the community. As such, it is designed
to a seating area with a large oak for shade and passive enjoyment of the area.
Foundation Plantings
The applicant is proposing a waiver request from Section 78-320 (a) (1) - Foundation
Plantings. Though there are areas with plantings in selective areas we are asking for a
reduction to allow for alternative design treatment. The waiver being requested is to
allow for a reduction of the foundation plantings around the proposed buildings where
the pedestrian is being encouraged to be next to the building. We are proposing the
reduction in the foundation plantings in the high pedestrian traffic areas. Although we
have reduced the plantings, we are providing planters and other hardscape amenities in
these areas. 0
COMMUNITY DES I G N
The proposed development will provide the surrounding residents with possible
employment opportunities and needed neighborhood services within a thoughtfully
designed setting which provides for sensitivity to the established character of the area
as well as future growth. In keeping with the current economic directives of the city, the
proposed development provides conveniently located non-residential use right off of the
future Central and 1-95 Interchange. Meanwhile, the plan respects the established
Central Avenue parkway and upland corridor as well as respecting the more suburban
character of the adjacent residential community Paloma.
Theming
Consistent with the provisions of the PCD, this petition respects the architectural
direction established by the Cimarron Cove. Additionally, common landscape materials
(ie use of Majesty Palms at entries) hardscape selections, lighting and street furniture
will be provided. The PCD plan provides for the general description of these items,
however the site plan further refines that design features. The establishment of the
“way finding pylons” that carry over to signage and bridge design are defined with this
application. Theming also helps establish the “sense of place” that comes with the
sense of arrival (pavers, pylons, plaza views, architecture) and feel of the community
(architectural treatments of buildings, focal points, art, plantings.) 0 5
Pedestrian Considerations
Building placement not only gave connectivity for users 0 it strong pedestrian
considerations. The building placement gave ample area for plaza and outdoor seating.
The use of dual sidewalks along the buildings and the drive aisle, four sided
architecture, trellis features and larger live oaks for canopy provide pedestrians with
varied experiences and gathering areas. Wider walks and the use of larger pavered
areas afford the opportunity to stroll with locations for outdoor gathering and seating.
The pedestrian walk from Elm is designed to encourage residents to want to walk into
the site.
Vehicular Connectivity
The site plan provides for a variety of entrances and routes to accommodate residents
within the community and from the surrounding neighborhoods. Parking and drop off
areas are oriented to professional, medical office and retail drivers with the opportunity
for covered parking for employees and valet/drop off zones.
Architecture:
The proposed Mediterranean inspired architecture is in keeping with the PCD design
guidelines and the proposed residential community. The material selections like the
roof tiles that we are proposing, Spanish “S” tile roof, compliment the proposed
residential component of the mixed use development. The proposed development of
two (2) three story building interconnected by a plaza affords the opportunity to provide
4 sided architecture and pedestrian experiences that address both the 1-95 traffic and
the neighboring residents. The architectural design provides for two (2) fronts of the
building. The facades of the building facing north and west have pedestrian connections
into the buildings and frontage for the potential restaurant or retail use. While the east
side of the building offers a drop off area for the professional and medical offices. There
are real balconies being proposed on the 2nd floor that are about 9’.
0
Landscaping:
The project has been designed to provide for additional landscape considerations for
the PCD buffers to compliment the proposed site plan. Required landscape paints have
been exceeded both with and with out consideration of these buffer. The development
will have Majesty Palms that line the entrances into the development as well as within
the residential component. Oaks are being provided for both their beauty and canopy.
The upland preserve offers a buffer from the Central Boulevard and 1-95 corridor area
and connects to adjacent preserves along Central Boulevard, 1-95 and the Paloma
PUD. This interconnection of preserve areas provide the community a sense of nature
while internal to the site there is more structured landscaping that still strives to provide
a sense of green a midst the developed experience.
6
!
City of Palm Beach Gardens
Palm Beach County, Florida
4.B CITY OF PALM BCH GDNS
FEB 28 2006 koCatiOt-0 2/28/06 ' PLANNING & ZONING DIV
L
Kimley-Horn
and Associates, Inc.
February 28,2006
Ms. Judy Dye
LBFH Inc.
Assistant City Engineer
City of Palm Beach Gardens
3550 S.W. Corporate Way
Palm City, FL - 34990
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Re: Cimarron Cove - Parcel 3 1.04
Traffic Equivalency Analysis
042086000
Dear Ms. Dye:
Kimley-Horn and Associates, Inc. has performed a traffic equivalency analysis for
the above-referenced site to determine if the proposed development program will
meet the requirements of Palm Beach County’s Traffic Performance Standards
Ordinance (TPSO). The site is located at the southeast quadrant of 1-95 and Central
Boulevard in Palm Beach Gardens, Florida.
Currently, the site has an approval for 252 multifamily dwelling units, 15,000 square
feet of restaurant, 10,000 square feet of general office, 12,000 square feet of
drugstore, 11,600 square feet of general commercial use and 4,000 square feet of
drive-in bank. It is now being proposed to develop the site to contain 236 multifamily
dwelling units, 9,000 square feet of restaurant (including outdoor seating area),
14,866 square feet of general office, 15,000 square feet of general commercial use
and 38,000 square feet of medical office.
The trip generation potential for the approved and the proposed land uses were
calculated using daily and peak hour trip generation rates published by Palm Beach
County. Due to the mixed use nature of the approved and the proposed land uses,
internalization credits were applied to both the approved and the proposed trip
generation calculations. Internal capture calculations were based upon methodologies
contained in the Institute of Transportation Engineers’ (ITE) Trip Generation
Handbook. Additionally, pass-by rates published by Palm Beach County were
applied. Table 1 summarizes the trip generation calculations for the currently
approved land uses. As summarized in Table 1, the currently approved land uses
have a trip generation potential of 5,366 net external trips on a daily basis, 32 1 net
external a.m. peak hour trips, and 545 net external p.m. peak hour trips. Table 2
summarizes the trip generation calculations for the proposed land uses. As
summarized in Table 2, there is a net reduction of 612 net external trips on a daily
basis, an equivalent number of net external a.m. peak hour trips and a
CITY OF PALM BCH GDNS
FEB 28 2006
TEL 561 845 0665
FAX 561 863 8175 PLANNING & ZONING DIY
a= Kimley-Horn
and Associates, Inc. Ms. Judy Dye, February 28,2006, Page 2
net reduction of 92 net external p.m. peak hour trips between the approved and
the proposed land uses.
This analysis demonstrates that the trips associated with the proposed land uses
are of equal to or less than the trips generated from the currently approved land
uses. Therefore, the proposed land use program is therefore in compliance with
the Palm Beach County Traffic Performance Standards {rej PBC ULDC Article
12 (3) (C) (5) @)I.
If you have any questions regarding this analysis, please call me at 561-845-
0665.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Christopher W. Heggen, P.E.
I iansportation C +n gi neer
Florida Registration
Number 58636
Engineering Business
Number CA 00000696
CWHlrb
Attachments
!
Total
127
173
49
32
12
30
423
17
12
3
3
1
3
39
24
21
12
5
1
63
384
321
,and Use
In
25
90
27
18
7
26
193
8
6
1
1
-1
3
18
13
12
7
4
1
37
175
138
$proved Site Traffic
Townhomes
Restaurant
Drive-In Bank
Drugstore
Commercial Retail
General Office
subtotal
PM
Total
156
164
183
125
151
34
813
20
8
7
5
6
3
49
23
81
48
65
2
219
764
545
nternal Capture
Townhomes
Restaurant
Drive-In Bank
Drugs tore
Commercial Retail
General Office
subtotal
Peak Hour
In Out
101 55
100 64
92 91
61 64
72 79
6 28
432 381
13 I
4 4
4 3
2 3
3 3
0 3
26 23
14 9
40 41
24 24
31 34
0 2
109 110
406 358
291 248
'ass-By Capture
Restaurant
Drive-In Bank
Drugstore
Commercial Retail
General Office
subtorai
Driveway Volumes
Net New External (Approved)
TABLE 1
PARCEL 31.04
APPROVED TRIP GENERATION
Intensity
252 du
15,000 sf
4,000 sf
12,000 sf
11,600 sf
10,000 sf
WMPM
15% 13% 13%
5% 7% 4%
5% 7% 4%
5% 7% 4%
5% 7% 4%
10% 10% 9%
15%
46%
40%
44.84%
5%
Daily
Trips
1,764
1,955
1,061
1,166
1,700
22 1
7,867
265
98
53
58
85
22
58 1
279
464
443
124
10
1,920
7,286
5,366
AM Peak € Ir
out
102
83
22
14
5
4
230
-
9
6
2
2
2
0
21
-
11
9
5
1
0
26
209
183
-
-
Ilote: Trip generation was calculated using the following data:
Iaily Traffic Generation
Apartment
Restaurant
Drive-In Bank
Drugstore
Commercial Retail
General Office
iM Peak Hour Traffic Generation
[P.B.C.] = T = 7 trips I dwelling unit
[P.B.C.] = T = 130.34 trips / 1,000 sf
[P.B.C.] = T = 265.21 trips/I,OOO S.F.
[P.B.C.] = T = 97.20 trips/1,000 S.F.
[P.B.C.] = Ln(T) = 0.64 Ln(X) + 5.87
[P.B.C.] = Ln(T) = 0.77 Ln(X) + 3.65
Apartment [P.B.C.] = T = 0.49(X) + 3.73 (20% in, 80% out)
Res taurant
Drive-In Bank
Drugstore
Commercial Retail
General Office
Apartment
Restaurant
Drive-In Bank
Drugstore
Commercial Retail
General Office
'M Peak Hour TraMic Generation
[P.B.C.]
[P.B.C.]
[ P . B .C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
T = 11.52 trips / 1,000 sf (52% in, 48% out)
T = 12.34 trips/IOOO SF; (56% in, 44% out)
T = 3.20 trips/IOOO SF; (59% in, 41% out)
T = 1.03 trips/lOOO SF; (61% in, 39% out)
Ln(T) = 0.80 Ln(X) + 1.55 (88% in, 12% out)
T = 0.62 trips perdu (65% in, 35% out)
T = 10.92 trips / 1,000 sf (61% in, 39% out)
T = 45.74 trips/1000 SF; (50% in, 50% out)
T = 8.42 trips/lOOO SF; (50% in, 50% out)
Ln(T) = 0.660 Ln(X) + 3.40 (48% in, 52% out)
Ln(T) = 0.74 Ln(X) + 1.83; (17% in, 83% out)
p. l04201~6000\[021JO6.xls]foblel
Copyright 0 200( 0
I I
nd Use
QPed Site Trill&
Townhomes
Restaurant
Commercial Retail
Medical Office
General Office
subtotal
ternal Capture
Townhomes
Restaurant
Commercial Retail
Medical Office
General Office
subtotal
iss-By Capture
Restaurant
Commercial Retail
Medical Office
General Office
subtotal
Net New External (Proposed)
Net New External (Approved)
Difference
TABLE 2
PARCEL 31.04
PROPOSED TRIP GENERATION
Intensity
w
16%
11%
11%
8%
8%
236 du
9,000 sf
15,000 sf
38,000 sf
14,866 sf
AM
6%
10%
10%
4%
4%
15%
44.76%
5%
5%
m
12%
8%
8%
5%
5%
Daily
Trips
1,652
1,173
2,005
1,373
328
6,531
264
129
22 1
104
25
743
157
799
63
.15
1,034
4,754
5,366
(612)
A
Total
119
104
15
94
41
3 73
7
10
2
3
2
25
14
6
5
2
27
32 1
321
0
Peak H
In
24
54
9
74
36
197
6
5
0
1
1
12
7
4
4
2
17
168
138
30
- r
out
95
50
6
20
5
176
1
5
2
2
1
13 -
7
2
1
0
10
153
183
(30)
ote: Trip generation was calculated using the following data:
aily Traffic Generation
Apartment
Restaurant
Commercial Retail
Medical Office
General Offce
M Peak Hour Traffic Generation
[P.B.C.] = T = 7 trips / dwelling unit
[P.B.C.] = T = 130.34 trips / 1,000 sf
[P.B.C.] = Ln(T) = 0.64 Ln(X) + 5.87
[P.B.C.] = T= 36.13 trips / 1,OOO sf
[P.B.C.] = Ln(T) = 0.77 Ln(X) + 3.65
Apartment [P.B.C.] = T = 0.49(X) + 3.73 (20% in, 80% out)
Restaurant
Commercial Retail
Medical Office
General Office
Apartment
Restaurant
Commercial Retail
Medical Offce
General Office
M Peak Hour Traffic Generation
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
[P.B.C.]
-
Pb
Total
146
98
179
128
46
597
-
18
9
14
6
2
49
13
74
6
2
95
453
545
(92)
T = 11.52 trips / 1,000 sf (52% in, 48% out)
T = 1.03 trips/lOOO SF; (61% in, 39% out)
T = 2.48 trips/lOOO SF; (79% in, 216% out)
Ln(T) = 0.80 Ln(X) + 1.55 (88% in, 12% out)
T = 0.62 trips per du (65% in, 35% out)
T = 10.92 trips / 1,000 sf (61% in, 39% out)
Ln(T) = 0.660 Ln(X) + 3.40 (48% in, 52% out)
Ln(T) = 0.93 Ln(X) + 1.47; (27% in, 73% out)
Ln(T) = 0.74 Ln(X) + 1.83; (17% in, 83% out)
- leak H
In
95
60
86
35
8
284
- - -
-
11
5
7
2
1
26
-
8
35
2
0
45 -
213
291
(84)
-
- -
- r
out
- - -
51
38
93
93
38
313
-
7
4
7
4
1
23 -
5
39
4
2
50
-
240
248
(8)
-
- -
Copyright Q 2006
I
I I
I
I
I
I
I
I
I I I
I
I
PALOMI. PUD
ZONMG: WD
LUP RM
SITE DATA
ZONING. ENSTINO PM , mmsm PCD
LANLY USE Msnw MXDm
,PROPOSED MXDm
SECTION36 TOWNSHIP41 RANGE42
FLOOO ZONE B
TOTAL SITE AREA 50.50 AC
REsrnm PAR= c ACREAGE z7.m AC.
DWELLING UNITES. TUTAL 252 DU
252w RESIDENTlM HlOH GROSS DENSIW 1054 DUIAC.
(2 h 3 STDRY - CONDOMINIUM)
NON-RESIDEHM ~ PARCELS A h B
SUBTOTAL ACRWE -, 8.98 Ac.
5.37 AC. PARCEL A
PARCEL 0 3WAC
TOTAL FLOOR S2.m S F AREAS
RETAIL 11.6wS.F.
DRUGSTORE 12.000 S.F.
PROFESSIONAL OmCE ~ 1O.WO S.F 15,wO S.F. RESTAURANT BANK 4.m S.F.
saum FOOTAGES PER PARCEL PARCEL A UPTO 70.888 S.F.
PARCEL B UP TO 16.888 S.F.
PUBLIC RIGUTOF-WAY DEDICATIONS
INTERSTATE DS 1.35AC.
TMOROUGHFARE ROADWAYS - 3.17 AC.
REQUIRED 7.23 AC. 15% OPEN SPACE
PROVIDED~WT~~ - 13.nAc. 21%
UPLAND -SERVE'
REQUIRED 9.47 AC. wommm- PROVlDED 923 AC.
PREOERM 025 AC.
LMEwrlNcLtommomusrCE) - 6.48 AC.
BUFFERS AND omm PERWOUS -3.88 AC.
NOTES
BOUNDARY DIMENSIONS NOTED ON PLAN PRWlDED BY LIDBERG
LAND SURVEY AN0 MAPPING INC. - ALL IAND *REASWlTHlN (50'oF THlSSm ARE ZONED AND HAM A
FUTURE LAND USE DESIGNATION AS NOTED ON PLAN.
SEACOAST UnllTy AUTUORITI WILL BE THE SOURCE OF POTABLE . WATER AND SANKARY SEWER KRVlCE
PARCEL ACCESSES SHAU BE SUBJECT TO 4MEW AN0
M001FlCATlONS Fo4 GEOMETRY. OPEFUTKNAND SAFETY DESIGN
DflAJLS
ROADWAY WGNMENTS ARE CONCEPTUAL IN NATURE AND MAY
PCDESTRRUN LINUAGES ARE CONCEPrUU IN NATURE AND MAY BE
- -CE DURING THE SITE PLAN RMEW PROCESS
' AHENOED. THE SVE PLAN RJXEW PROCESS WILL REFINE THE
LcanoN OF THE LINKAGES. am THE NUMBER OF UNUGES WILL
REWN TUE WE. ALL SIDEWALKS WU PROWOE UNNW*L ACCCSSJBIW AND WILL
*PROVlDERAYPSPERMCLOIIIMXCESSIW.flYmoL ADAIM) m: TC2LT-T". TIE tip1sTRmoH m s)(.yI PRorXx
kurDlW WMP DETAILS.
e ALL MEANMRMG SIDEWALKSARE CONCEPTUAL IN NATURE AND
FINAL CONRG JRATIONS TO BE SHOW ON CWSTRUCTION PLANS
* AL- STOP BARS ROADWAY SIGNAGE. CROSS WALKS SMU BE
LDUTEED Oh THE ENG'NEERING PLANS AN0 TO BE CERTIFIED BY ThE
PROJECT ENGINEER
THERMOPLASnC ON ASWT
CUREINC DETAILS SHOWN Oh ENGINEERING PLANS
SEE ENGINEERING PLANS FOR ALL ROADWAY CROSS SECTIONS AND
GEOMETRIES
* M- STOP BARS AN^ CROSSWALKS WILL BE wnm PAVERS OR
: ALL UTlLllY AND DRAINAGE MEMEKTS ARE PROPOSED UNLESS
UOTFn ..-.-I
AU EXJS~NQ FENCES TD BE REMOVED AT THE nME OF * CONSTRUCTION OF BUFFERS.
' LUY BE AMENMD DURING SITE RAN RMEW.
UKE DESIGNS AND LOCAnONS ARE CONCEPTUAL IN NATURE AND
AU SIGNS WlLL BE PLACED ma( A MINIMUM IF 19 FROM THE * RIGKT-OF-WAY LINE
' BOUNDARY IS FOR IN~TIDNAL PURPOSED ONLY.
* TO BE DmRMlNED AT SITE PLAN APPROVAL
IVL SURROUNDING MFORMATION OUTSIDE OF THE PARCEL
UKE LOCATIONS ARE CONCEPNAL IN NATURE. MACT BOUNOAPJES
MXD LAND ALLOGSW
OPEN SPACE
MINIMUM 1SX
PROPOSED 15%
MINIMUM 2.0%
WlMUM 30%
PROPOSED 20%
MINIMUM 20%
WIMUM 60%
PROPOSED 48%
EMPLOYMENT CENTER
MINIMUM 2.0%
WMUM 20%
PROWSED 12%
NEIGHBORUOOD COMMERCIAL
RESIDENTIAL HIGH
MXD HElGUi ::ciGSz3anooD COMMERCLU
MINIMUM 2 STORIES
MAXIMUM (STORIES
PROPOSED UP TO 4 STORIES-
MINIMUM 2 STORIES
RESlDEMlM HIGH
WIMUM 4STORlES
PROPOSED 2 h 3 STORIES
MINIMUM 2 STORIES
MAXIMUM 4 STORIES
PROWSED UP TO 4 FLOORS
-,IT% TO***Arn DulucIw
V(LEPI wuygl nnr un IxRIm m~
--EW
EMPLOYMENT CENTER
MXD LOT COVERAGE
NEIGHBORHOOD COMMERCIAL
MAXIMUM 70%
PROPOSED UP TO SOX
MAXIMUM 50%
PROPOSED UP TO 45%
EMPLOYMENT CENTER
MAXIMUM 70%
PROPOSED UP Tb 50%
RESIOENTLM HIGH
RESOLUTION 53,2006
2
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8
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21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04
MIXED-USE PLANNED COMMUNITY DEVELOPMENT (MXDIPCD),
GENERALLY BOUNDED BY INTERSTATE 95 AND CENTRAL
BOULEVARD TO THE WEST, THE FUTURE EXTENSION OF
VICTORIA FALLS BOULEVARD TO THE NORTH, THE FUTURE
EXTENSION OF ELM AVENUE TO THE EAST, AND THE PALOMA
PLANNED UNIT DEVELOPMENT (PUD) TO THE SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 15,000 SQUARE FEET OF RESTAURANT
SQUARE FEET OF DRUGSTORE USE, 11,600 SQUARE FEET OF
COMMERCIAL RETAIL USE, 10,000 SQUARE FEET OF
THREE PARCELS; PROVIDING FOR ONE WAIVER; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
USE, 4,000 SQUARE FEET OF DRIVE-IN BANK USE, 12,000
PROFESSIONAL OFFICE USE, AND 252 MULTI-FAMILY UNITS ON
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31
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37
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45
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City has received a request by Mr. Marty Minor of Urban Design
Studio, on behalf of Gardens 95 Limited Partnership, LCC, for approval of a master
development plan for a 50.58-acre site referred to as the Parcel 31.04 Mixed-Use
Planned Community Development (MXD/PCD), generally bounded by Interstate 95 and
Central Boulevard to the west, the future extension of Victoria Falls Boulevard to the
north, the future extension of Elm Avenue to the east, and the Paloma Planned Unit
Development (PUD) to the south, as more particularly described herein, to allow the
development of 15,000 square feet of restaurant use, 4,000 square feet of drive-in bank
use, 12,000 square feet of drugstore use, 11,600 square feet of commercial retail use,
10,000 square feet of professional office use, and 252 multi-family units on three (3)
parcels; and
WHEREAS, the subject site has a Mixed-Use Planned Community District
Overlay (MXD/PCD) zoning designation and has a land-use designation of Mixed-Use
(MXD); and
Date Prepared: May 22,2006
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44 3"
Date Prepared: May 22,2006
Resolution 53, 2006
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its April 25,2006, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
the best interest of the citizens and residents of the City of Palm Beach Gardens.
WHEREAS, the City Council has determined that adoption of this Resolution is in
NOW, THEREFORE, BE IT RESOLVED 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 master development plan application of Mr. Marty Minor of
Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, is hereby
APPROVED on the following described real property to permit the development of
15,000 square feet of restaurant use, 4,000 square feet of drive-in bank use, 12,000
square feet of drugstore use, 11,600 square feet of commercial retail use, 10,000
square feet of professional office use, and 252 multi-family units on three (3) parcels
within the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD),
generally bounded by Interstate 95 and Central Boulevard to the west, the future
extension of Victoria Falls Boulevard to the north, the future extension of Elm Avenue to
the east ,and the Paloma Planned Unit Development (PUD) to the south, subject to the
conditions of approval contained herein, which are in addition to the general requirements
othetwise provided by ordinance:
LEGAL DESCRIPTION:
PARCELS 31.04 AND 31.05
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH
BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN
OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805,
NORTHEAST RIGHT-OF-WAY OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL
COUNTY, FLORIDA AND THE SOUTHEAST RIGHT-OF-WAY OF CENTRAL
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Date Prepared: May 22,2006
Resolution 53,2006
PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40'53'44" EAST,
DlSTANCE OF 1,105.83 FEET; THENCE NORTH 46'22'41" WEST, CONTINUING
ALONG SAID SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD, A
ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH
43'37'28l EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF
24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'22'32" WEST,
A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15'38'58"; THENCE
PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
WAY LINE, A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID RIGHT-OF-
WAY LINE SOUTH 66'38'32" EAST, A DISTANCE OF 316.95 FEET TO A POINT ON
A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42 FEET, A
RADIAL BEARING OF NORTH 24'34'53" EAST AND A CENTRAL ANGLE OF
09"27'21"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 189.70 FEET; THENCE SOUTH 16'20'57" WEST, A DISTANCE OF
957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGLE OF 28'21'19'';
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15
FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF
13'25'31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 726.38 FEET; THENCE SOUTH 01'25'08" WEST, A DISTANCE OF 341.92 FEET;
THENCE NORTH 88'34'52" WEST, A DISTANCE OF 456.20 FEET TO A POINT ON
OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30"31'49" WEST,
HAVING A RADIAL BEARING OF NORTH 59'28'11" EAST, A RADIUS OF 24424.13
FEET, AND A CENTRAL ANGLE OF 2'17'55"; THENCE PROCEED NORTHERLY
DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
THE NORTHEAST RIGHT-OF-WAY OF SAID INTERSTATE 1-95 AS DESCRIBED IN
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 641.05 FEET TO A CURVE
AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, A
CONTAINING 2,203,436.10 OR 50.58 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Section 78-1 57(f), entitled Residential MXD intensity measures and special
definitions, to waive the requirement for vertical integration of residential
uses within a Residential MXD/PCD.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
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Date Prepared: May 22,2006
Resolution 53,2006
Enaineerinq
1.
2.
3.
4.
5.
6.
7.
Prior to construction plan approval and the issuance of
alteration permit, the Applicant shall provide cost estimates
the first land
in accordance
with LDR Sections 78-309 and 78-461 and for on-site project improvements,
not including public infrastructure or landscaping and irrigation costs, for
review and approval by the City. The cost estimates shall be signed and
sealed by an engineer and landscape architect registered in the State of
Florida and shall be posted with the City prior to the issuance of the first
land alteration permit. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant's
responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
The Applicant shall copy to the City all permit applications, permits,
certifications, and approvals. (City Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Limited clearing for infrastructure and common amenity installation within an
individual parcel of the PCD that has not yet received site plan approval that
is needed to support another parcel in the PCD shall be permitted, subject
to the approval of the City Engineer and City Forester. The limits of said
clearing and installation shall be identified on the final construction plan for
review and approval by the City prior to the issuance of the first land
alteration permit. (City Engineer, City Forester)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed, sealed, and dated construction plans (paving, grading,
drainage, and waterhewer) and all pertinent calculations for review and
comment. (City Engineer)
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Date Prepared: May 22,2006
Resolution 53,2006
The Applicant shall, together with the recordation of the plat for the PCD,
dedicate adequate right-of-way for the future construction of the planned I-
95lCentral Boulevard interchange. (PBC Traffic, City Engineer)
The Applicant, successors, or assigns shall monitor traffic operations
studies (supplemental operations analysis) of the East-West Roadway
(a.k.a. Roadway #12, Victoria Falls Boulevard) and Military Trail intersection
beginning during peak season after the issuance of the first certificate of
occupancy and every six (6) months thereafter for two (2) years beyond the
final certificate of occupancy or the build-out date whichever comes last.
Should the study indicate a need for any roadwaylintersection
improvements as determined by the City Engineer, the applicant,
successors, or assigns shall be responsible for said improvement. The City
shall reimburse the Applicant for the cost of any roadway improvements to
the extent that the City collects pro-rata funds from other developments
having an impact on the intersections as determined by their development
orders andlor traffic analyses. (City Engineer)
For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding the roadway improvements, in a form acceptable to the County
Engineer, within six (6) months of the issuance of the development order
and before the first land alteration permit is issued. (City Engineer)
Beginning on (one (1) year from the approval of this Resolution)
and continuing through substantial completion of construction, the Applicant
shall annually provide the City with a status report on all the approved
elements of the PUD, including, but not limited to, the compliance or status
of any conditions of approval, total number of approved permits issued,
certificates of occupancy issued, and percentage of square footage
occupied (commercial) to date. Report submittals shall be exactly one (1)
year apart beginning on the date specified above and shall continue through
the build-out date or the issuance of the final certificate of occupancy,
whichever comes last. (City Engineer, Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the construction of
the Proposed Roadway #12 (Victoria Falls Boulevard) connecting Central
Boulevard to Military Trail and Proposed Roadway #I4 (Elm Avenue) shall
be complete (including irrigation, hardscape, and landscaping) and
accepted by the City. It should be noted that these roadways must be
designed in conjunction with the City of Palm Beach Gardens' planned
roadwav linkaaes. (PBC Traffic. Citv Enaineer. Citv Forester) Y ,a" II
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13.
Date Prepared: May 22,2006
Resolution 53,2006
Commencing after the issuance of Certificates of Occupancy for fifty percent
(50%, 102 dwelling units) of the residential units or the issuance of
Certificates of Occupancy for thirty percent (30%) of the commercial square
footage, whichever comes first, the Applicant shall perform and submit an
annual Signal Warrant Analysis for the intersection of Proposed Road #12
(Victoria Falls) and Military Trail. The methodology of the traffic analysis
shall be determined by the City Engineer. The annual traffic analysis shall
be conducted until such time as signalization is warranted at the above
intersections for two (2) years beyond the build-out date or the issuance of
the final Certificate of Occupancy, whichever comes last. Should the
warrant indicate a need for a signal at the Proposed Road #I2 and Military
Trail, the Applicant, successors, or assigns shall be required to install the
signal. The signal shall be installed to be fully operational, including all
appropriate land geometry (as determined by Palm Beach County and the
Florida Department of Transportation), pavement markings, signage, and
lighting. The City shall reimburse the Applicant, successors, or assigns for
the cost of the signal and installation to the extent that the City collects pro-
rata funds, as determined by the City Engineer, from other developments
having an impact on the intersections as determined by their development
ordershaffic impact analysis. The Applicant may coordinate (and contribute
to the cost of preparation of this analysis) the submittal of this analysis with
other applicants having this same submittal requirement (i.e., Parcel 31 B,
a.k.a. Parcel 31.03131.05) to satisfy the intent of this condition. (PBC
Traffic, City,Engineer)
14. Prior to the issuance of the first land alteration permit, AM and PM peak
hour intersection analysis using projected volumes, at the following
locations are required to determine turn lane and storage requirements:
- Hood RoadlProposed Road #14 (Elm Avenue);
- Military TraiVProposed Road #12 (Victoria Falls Boulevard);
- Central Boulevard/ Proposed Road #12 (Victoria Falls Boulevard); and
- Proposed Road #12 (Victoria Falls Boulevard) and Proposed Road
#14'(Elrn Avenue) indicated above. (PBC Traffic)
15. The Applicant shall dedicate to the City of Palm Beach Gardens the rights-
of-way necessary to comply with the conditions of the Palm Beach County
traffic concurrency approval. (PBC Traffic, City Engineer)
16. The build-out date for this project shall be December 31, 2007, unless
otherwise extended by the City. (PBC Traffic, City Engineer)
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Date Prepared: May 22,2006
Resolution 53,2006
Planninq and Zoning
17.
18.
19.
20.
21.
22.
The Applicant shall meander the sidewalks along the adjacent rights-of-way,
whenever possible, to the satisfaction of the Growth Management
Administrator. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide pedestrian scale lighting along the adjacent rights-of-way, whenever
possible, to the satisfaction of the Growth Management Administrator.
(Planning & Zoning)
Uses permitted within the Commercial portion of the PCD shall be
established during the approval of the site plan for the same. (Planning &
Zoning)
The Applicant, successors, or assigns within the Commercial portion of the
PCD shall provide the City with an accurate breakdown of the uses
allocated in the comrnerciaVoffice building when applying for an
occupational license. Amendments to the approved uses may require
parking and traffic analysis for approval by the City. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy for each parcel,
the Applicant shall install an aeration system within all lakes located within
the parcel and shall bear the perpetual responsibility of maintenance of such
system. (Planning & Zoning)
A development compliance signoff process shall be completed prior to the
issuance of the first residential Building Permit, first residential Certificate of
Occupancy, last residential Certificate of Occupancy, and all commercial
Building Permits and Certificates of Occupancy. (Planning & Zoning)
Landscaping
23. Prior to the issuance of the first land alteration permit, the developer shall
erect and maintain barriers adjacent to the preserves. All work shall be
inspected and approved by the Landscape Architect of Record and the City
Forester. (City Forester)
24. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
remove all prohibited and invasive non-native plants from the site and install
all native material within the preserve areas to effectively screen the site
from view of public road rights-of-way to the satisfaction of the City Forester.
(City Forester)
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Date Prepared: May 22,2006
Resolution 53,2006
25. The Applicant, successors, or assigns shall be responsible for their fair
share of the landscape maintenance (including irrigation) of the medians
and road shoulders within those sections of public rights-of-way adjacent
and/or contiguous to the PCD. This condition may be amended at any time
by a separate agreement between the Applicant and the City of Palm Beach
Gardens. (City Forester)
26. Landscaping and irrigation within medians and adjacent roadway shoulders
for the portions of the following roadways adjacent to the property shall be
installed prior to the issuance of the first Certificate of Occupancy: (1) the
future extension of Victoria Falls Boulevard; (2) the future extension of Elm
Avenue; and (3) Central Boulevard. A one-time, six (6) month extension
may be granted by the Growth Management Administrator upon review of
sufficient justification. (City Forester)
27. Prior to the issuance of the Certificate of Occupancy for the first commercial
or residential structure, the Applicant shall install the PCD buffers along the
future extension of Victoria Falls Boulevard and the future extension of Elm
Avenue. A one-time six (6) month extension may be granted by the Growth
Management Administrator upon review of sufficient justification. (City
Forest e r )
28. Prior to the issuance of the 102"d residential Certificate of Occupancy, the
community park improvements surrounding the easternmost lake located
between the residential and commercial parcels and the residential
recreation center shall be completed. (City Forester)
29. Prior to the issuance of the first commercial Certificate of Occupancy, the
community park improvements surrounding the westernmost lake located
between the commercial and residential parcels shall be completed. (City
Forester)
30. Prior to the issuance of the first 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, either green or black in
color, covering each section. The location of the fence and any necessary
clearing therefore prior to the issuance of the first land alteration permit shall
be determined by the Growth Management Administrator. (City Forester)
a
Date Prepared: May 22,2006
Resolution 53,2006
.I
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31. If, in the future, Elm Avenue is extended south of the southern site entrance,
the Applicant, successors, or assigns shall be responsible for their fair share
of the landscape maintenance (including irrigation) of the medians and road
shoulders within those sections of public rights-of-way adjacent and/or
contiguous to the PCD. This condition may be amended at any time by a
separate agreement between the Applicant and the City of Palm Beach
Gardens. (City Forester)
Miscellaneous
32. Required digital files of the approved PCD master plan and plat shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy, and approved civil design and architectural
drawings for each site shall be submitted prior to the issuance of the
Certificate of Occupancy for each site. (GIs Manager, Development
Compliance Officer)
33. All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way shall be lit, at a minimum of not less than .6
foot-candles with pedestrian scale lighting of similar design to parkway
lighting used within MirasollJog Road parkway corridor. (Police)
SECTION 5. This Planned Community Development shall be constructed in
compliance with the following plans on file with the City’s Growth Management
Department:
1.
2.
3.
4.
5.
Sheets MP-01 & MP-02: Master Plan and Thoroughfare and Linkage
Enhancement Plan, prepared by Urban Design Studio, last revised on May
15, 2006 (as noted on the cover page), and received and stamped by the
City on May 16,2006.
Sheets L-00 thru L-011: Buffer and Roadway Landscaping Plans, prepared
by Urban Design Studio, last revised on April 14, 2006 (as noted on the
cover page), and received and stamped by the City on May 16,2006.
Parcel 31.04 Mixed-Use Design Guidelines, dated March 3, 2006, and
received and stamped by the City on May 25, 2006.
Parcel 31.04 MXD Amenity Package and Amenities Key Plan, received and
stamped by the City on May 25,2006.
Parcel 31.04 Canopy Plan - Day One Installation, prepared by Urban
Design Studio, last revised and received and stamped by the City on June
30, 2006.
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Date Prepared: May 22,2006
Resolution 53,2006
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this &b7" day of yuw , 2006.
ATTEST:
CITY OF PALM DENS, FLORIDA
BY:
Patricia Snider, CMC, Cityklerk
APPROVED AS TO FORM AND
LEGAL SU F Fl ClE NCY
BY: -
Chxtine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO J--
J VICE MAYOR BARNETT ---
J COUNCILMEMBER JABLIN ---
J COUNCILMEMBER LEVY ---
L/ COUNCILMEMBER VALECHE ---
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--
28
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P
l
a
n
t
i
n
g
s
a
l
o
n
g
pe
d
e
s
t
r
i
a
n
r
o
u
t
e
s
Si
t
e
P
l
a
n
P
a
r
c
e
l
s
A & B
La
t
i
t
u
d
e
s
in
t
h
e
G
a
r
d
e
n
s
38
,
0
0
0
s
f
M
e
d
i
c
a
l
O
f
f
i
c
e
14
,
8
6
6
s
f
P
r
o
f
e
s
s
i
o
n
a
l
O
f
f
i
c
e
9,
0
0
0
s
f
R
e
s
t
a
u
r
a
n
t
15
,
0
0
0
s
f
R
e
t
a
i
l
Co
m
b
i
n
e
d
S
i
t
e
Pl
a
n
s
f
o
r
Pa
r
c
e
l
s
A,
B
,
a
n
d
C