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HomeMy WebLinkAboutAgenda P&Z 021208CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: February 12,2008 TO: FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Members Planning, Zoning and Appeals Board Meeting Tuesday, February 12,2008 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, February 12, 2008. This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m. Enclosed With this memorandum are the following items: 1. An agenda for the meeting; and 2. A Growth Management Department stareport for the items to be heard. As always, the respective Project Managers’ telephone numbers and smail addresses have been provided in me 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 II, will call to confbn your attendance. m Growth Management Administrator AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, FEBRUARY 12,2008 AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER 0 PLEDGE OF ALLEGIANCE 0 ROLLCALL 0 0 APPROVAL OF MINUTES: N/A REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan D. Rubins Joy Hecht (1 st Alt.) Amir Kanel (2nd Alt.) w Planning, Zoning and Appeals Board February 12,2008 Recommendation to City Council: Ex Parte Communication (Public Hearing) PCDA-07-09-000005: North County Government Center Amendment SPLA-07-10-000008: North County Regional Library Amendment A request from Melanie Borkowski, Manager of the Palm Beach County Facilities Development & Operations Department, as the agent for Palm Beach County, for amendments to the approved North County Government Center Planned Community Development (PCD). The PCD Amendment will permit an increase in the existing library parcel size from 4.06 acres to 6.59 acres, provide the required linkage roads throughout the parcels, relocate the Environmental Preserve, eliminate the DMV parcel (6.958-acres) from the limits of the PCD, reconfigure the approved PCD parcels, eliminate two (2) passive parks and designate a 2.802 acre parcel for future development. In addition to the PCD Amendment, the applicant is seeking approval of a site plan amendment to allow for the construction of a 14,612 square foot expansion of the North County Regional Library. The subject site is approximately 1.6 miles east of 1-95 at the SW corner of the intersection of PGA Boulevard and Campus Drive. Recommendation to City Council: Ex Parte Communication (Public Hearing) PUDA-07-11-000013: Donald Ross Village PUD - Elimination of Conditions Related to Shared Parking A request by Marty Minor, agent for Donald RosdMilitary, L.C., for approval of an amendment to the development order of the Donald Ross Village Planned Unit Development (PUD) to delete Conditions #50 through #53 of Resolution 7, 2007, to remove all requirements associated with shared parking. 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. Recommendation to City Council: Ex Parte Communication (Public Hearing) PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Drugstore with Drive- Through A request by Anne Booth of Urban Design Studio, on behalf of PBC-Three LLC, for approval of a site plan within the Mirasol Walk Planned Unit Development (PUD) to allow for the construction of a 14,820 square-foot drugstore with drive-through lanes on an approximately 2.7-acre site. The Mirasol Walk PUD is located at the northwest corner of the Ronald Reagan Turnpike and PGA Boulevard. 1. Project Manager: Allyson Maiwurm, Projects Coordinator amaiwurm@.Db.Dbefl.com (799-41 99) 2. Project Manager: Richard Marrero, Senior Planner rmarrero@,Dbgfl.com 3. Project Manager: Richard Marrero, Senior Planner nnarrero@obefl.com 2 Planning, Zoning and Appeals Board February 12,2008 4. OLD BUSINESS 5. NEW BUSINESS 6. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerks 9ffice. no later than Jive days prior io the proceeding, at telephone number (561) 7YY-4120 for assistance; ifhearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE). for assistance. lfa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Lund 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 theJiles in the Growth Management Department. Common/pz agenda 02-22-2008.doc 3 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-05 SPLA-07-10-08 SUBJECT/AGENDA ITEM Petitions: Public Hearing & Recommendation to City Council: A request from Melanie Borkowski, Manager of the Palm Beach County Facilities Development & Operations Department, as the agent for Palm Beach County, for various amendments to the approved North County Government Center Planned Community Development (PCD). In addition to the PCD Amendment, the applicant is seeking approval of a site plan amendment to allow for the construction of 14,612 square feet additional interior space to expand the North County Regional Library. The subject site is approximately 1.6 miles east of 1-95 at the SW comer of the intersection of PGA Boulevard and Campus Drive and north of Fairchild Avenue. PCDA-07-09-000005: North County Government Center Amendment SPLA-07-10-000008: North County Regional Library Amendment [XI Recommendation to APPROVE with 3 waivers [ ] Recommendation to DENY Reviewed by: Senior Tresha Thomas Manage City Attorney Christine Tatum, Esq. Bahareh Keshavarz, AICP Administrator Kara Irwin, AICf’ Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Project Manager Allyson Maiwurm Projects Coordinator [XI Quasi-Judicial [ ] Legislative [XI Public Hearing Advertised: Date: 0111 1/2008 Paper: Palm Beach Post [XI Required Affected parties: [XI Notified [ ] Not Required FINANCE: Costs: $-N/A Total $- N/A- Current FY Funding Source: [ ] Operating [XIOther N/A Budget Acct.#: NA PZAB Action: [N/A] Approved [NIA] App. w/ conditions [N/A] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ 3 Rec. Denial [NIA] Continued to: Attachments: 0 Traffic concurrency letters 0 DMV notification Project Narrative 0 Reduced Plans Ordinance 13, 1992 Ordinance 18, 1995 0 Ordinance 53,1997 0 Ordinance 54,1997 Resolution 147, 1997 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 2 of 8 SPLA-07- 1 O-OOOO08 EXECUTIVE SUMMARY The subject petition is a request for approval of an amendment to the North County Government Center Planned Community Development (PCD) and an amendment to the North County Regional Library Site Plan, which are located approximately 1.6 miles east of 1-95 at the SW side of intersection of PGA Boulevard and Campus Drive and north of Fairchild Avenue in the City of Palm Beach Gardens. The PCD and Site Plan Amendments will permit the construction of a 14,612 square-foot addition to the North County Regional Library, increase the existing parcel size from 4.06 acres to 6.59 acres, provide the required linkage roads throughout the parcels, relocate the Environmental Preserve, eliminate the DMV parcel from the limits of the PCD, reconfigure the approved PCD parcels, eliminate two (2) passive parks and designate a 2.802 acre parcel for hture development. Staff recommends approval of the subject petition with three (3) waivers and the conditions of approval provided herein. BACKGROUND The North County Government Center PCD was originally approved as a Planned Unit Development by Ordinance 13, 1992. The prevailing Master Plan for the North County Government Center PCD was approved by Ordinance 18, 1995. This PCD is currently approved as a 33.698 acre campus with six (6) separate parcels. The PCD currently supports the 103,637 square foot North County Government Center, which houses the North County Courthouse and County administrative offices, and the 24,920 square foot North County Regional Library. Additional parcels within the PCD are currently approved for use as a licensing bureau and training facility for the State of Florida Department of Motor Vehicles (DMV), two (2) passive parks, and an environmental preserve. Ordinance 53, 1997 allowed for a two year time extension to complete development of the PCD and Ordinance 54, 1997 increased the square footage in overall size of two parcels (five and six) within the PCD. Lastly, Resolution 147, 1997 provided for the approval of a 72,000 square foot addition to the North County Courthouse and a 3.2 acre passive park on parcels 1 and 6 of the North County Government Center Planned Community Development. LAND USE & ZONING The subject site has a zoning designation of Planned Community Development (PCD) District with an underlying zoning of Public/hstitutional (P/I). The future land use designation is Public (P). There are no zoning or land use designations amendments being proposed with the subject petition. CONCURRENCY Traffic Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992, Ordinance 13, 1992. The proposed expansion will not exceed this threshold, and no other activity within the North County Government Center PCD has relied on this reservation of capacity for the library expansion. Also, the site is more than 80% built-out and therefore, the County traffic is vested for a 40,000 square foot library. (see letter attached) Drainage The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and the subject to the permit requirements of the Improvement District and the South Florida Water Management District. The only impact on drainage associated with this 2 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 3 of 8 SPLA-07-IO-000008 project is the expansion of the parking area for the library, which involves the addition of approximately one-half acre of impervious area. This impact will be fully mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. PROJECT DETAILS Planned Community District Master Plan Site Access The PCD has two vehicular access points; one of which is located off of Campus Drive and the other off of Fairchild Avenue. Future development will allow for more access via the City linkage roads but it is not needed at this time. Master Site Plan The North County Regional Library was originally approved as Phase I of the PUD for 24,920 sq. feet (Ordinance 13, 1992) and this current petition will allow for the expansion of 14,612 sq. feet of interior space to the existing building for a total of 39,532 total square feet. The applicant is also requesting to eliminate the two (2) passive parks from within the PCD and add additional acreage to the environmental preserve (from 5.442 acres to 6.02 acres). The applicant proposes to eliminate the existing 6.958-acre DMV parcel fronting PGA Boulevard from the limits of the PCD, reducing the area of the PCD to 27.694 acres. Lastly, the applicant would like to designate the 2.80 acre parcel to the west of the library for future development. Therefore, this petition is requesting the reconfiguration of parcel boundaries within the PCD which would include only four (4) parcels: (1) the North County Courthouse, (2) the North County Regional Library, (3) Environmental Preserve and (4) Future Development. Landscapina & Buffering The applicant is requesting to remove the DMV parcel from the PCD which has a condition that requires a landscaping buffer along PGA Boulevard. Therefore, it will not be the responsibility of the County but will be a condition of approval when the DMV site is redeveloped. Although a significant portion of the subject 27.694 acres has been developed, significant open space has been preserved within the existing development footprint of the North County Government Center. The same approach was taken to develop the proposed Master Plan, which is evidenced by the 6.08 acre preservation parcel and overall increase in preservation acreage. The west eight (8) foot buffer of the library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area (a mix of mature slash pine, sabal palms and saw palmetto) will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. Waivers The applicant is requesting the following waiver: a 3 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 4 of 8 SPLA-07-IO-000008 Concrete sidewalks, at least five feet wide, shall be provided on each side of all streets in ~ a subdivision with the exception of cul- de-sacs. ~~ 78-506: Sidewalks Continuation of the meandering sidewalk on the south side of the adjacent parcel to the north for consistency of the walkway. Therefore, the sidewalk will only be on one side of the road. 1 Approval 1) The applicant is requesting a waiver from City Code Section 78-506, sidewalks. The applicant has agreed to extend the meandering sidewalk on the south side of the County Courthouse site (parcell) as a condition of approval for development of parcel 4. The sidewalk would be detrimental to the buffer on the north side of the parcel if it were placed on-site. Staff was concerned about pedestrian walkways to the library site and is satisfied with what is being proposed. Staffrecommends approval of the requested waiver. Site Plan - North County RePional Library Architecture The proposed expansion of the North County Regional Library building on Parcel 2 will consist of a 14,612 square foot addition. The expansion will occur on the northeast side of the existing 24,920 square foot building. The new building has been designed to carry over elements that are generally similar of the existing building’s architecture including the roofing that currently exists on the main building. Care has been taken to maintain architectural consistency between the existing building and the expansion in order to minimize the potential for adverse visual impact. Parking The Applicant is required to provide 132 total parking spaces for the site plan and has provided 265 spaces on the subject site. Therefore, the applicant is requesting a waiver for additional parking. Palm Beach County FD&O provides parking at a rate of 1 per 150 square feet of gross floor area as a standard practice for all libraries on a County-wide basis. Whereas it is the City’s standard parking rate of 1 per 300 square feet applies to all government uses alike. The County has discovered that libraries often require a greater proportion of parking than other government uses. Possible explanations include longer duration of visitation by library patrons, infrequent vehicle turnover within surface parking areas that support library facilities and organized public events and functions at library facilities. Site Lighting The Applicant has provided a photometric plan with the subject petition in order to incorporate the revised lighting into the landscape and site plans. Landscape and buffering Significant open space has been preserved within the development footprint of the existing and proposed library parcel and throughout the entire North County Government Center. Care has been 4 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07 -09-000005 Page 5 of 8 SPLA-07- 1 0-000008 taken during the planning stages of the library expansion to ensure that the project meets the open space requirements of the City’s Land Development Regulations. A minimum of 3.03 acres, or nearly 46% of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total area site. Additional parking greater than 10% of required parking 78-441 (c): Boundary plat required Waivers The applicant is requesting the following waivers: 132 spaces (39,532 sq. ft@1 sp / 300 sq Completion of a plat prior to the issuance of the first building permit. ft) Requesting 265 spaces which is 120 spaces over required which is greater than 10%. To allow the completion of the plat for the North County Government Center prior to the issuance of certificate for occupancy I for the library expansion. Approval 1.) The applicant is requesting a waiver to City Code Section 78-345 (D) (3) to increase the total parking to a total of 265 spaces. This total is justified through by the standard of all libraries on a County-wide basis of 1 per 150 square feet of gross floor area. Whereas it is the City’s standard parking rate of 1 per 300 square feet applies to all government uses alike. It has been discovered that libraries often require a greater proportion of parking than do other government uses. Staff recommends approval of this requested waiver. 2.) The applicant is requesting a waiver to City Code 78-441 (c ) to allow the completion of the plat for the North County Government Center PCD prior to the issuance of occupancy for the library expansion. Due to the timing for the construction and the preservation management plan, staff agrees with the applicants request for the plat to be completed prior to the issuance of certificate of occupancy for the library expansion. Staff recommends approval of this requested waiver. PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public workshop on November 13,2007. The PZAB issued the following comments: 1 .) The PZAB suggested that the applicant enhance the architecture of the roof. The applicant has enhanced the architecture to be generally consistent with the roof of the main 5 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 6 of 8 SPLA-07-IO-000008 2.) The PZAB asked the applicant if the DMV has been notified of the removal from the PCD. The applicant has tried to verijj that the DMV has received notijication. The applicant is awaiting confirmation. 3.) The PZAB asked the applicant about designing the expansion to LEED standards. At this time, the applicant has not committed to build the library expansion to LEED standards. 4.) The PZAB inquired about a bus area for bus parking when bringing school children to the library. The applicant had provided two extra large parking spaces along the northwest end of the parking lot to accommodate oversized vehicles, such as buses, $needed. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition PCDA-07-09-000005 with one waiver and SPLA-07-10- 000008 with two waivers. Planning & Zoning 1.) The artwork shall be approved prior to issuance of the first Certificate of Occupancy, or the City shall have the option of withdrawing the escrow. (Planning & Zoning) 2.) The plat shall be approved prior to the certificate of occupancy for the library expansion. (Planning & Zoning) 3 .) The applicant shall provide a bus shelter upon the request and demonstration of need by Palm Tran. Location will be coordinated with the City, County and Palm Tran at that time. (Planning & Zoning) Citv Forester 1 .) Prior to scheduling for City Council, the Applicant shall supply SUA approved landscape plans for review and approval by the City. (City Forester) 2.) Prior to the Certificate of Occupancy, the Applicant shall eliminate all prohibited and invasive non-native plants from the library site. (City Forester) 3.) Prior to platting of the preserve area, a Preserve Management Plan that shall include details of site amenities shall be submitted for review and approval by the City. (City Forester) 4.) The applicant will define, in detail, the time period proposed for the removal of exotic vegetation within the Preserve Area Management Plan to be submitted with the plat. (City Forester) 5.) Prior to issuance of any land alteration permit, all gopher tortoises on library site (parcel 2) shall be relocated. (City Forester) 6 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 7 of 8 SPLA-07-10-000008 6.) Prior to the scheduling for City Council, the three large existing Oak Trees, Sabal Palms, and e any affected trees will be field verified and tagged for relocation to the eastern buffer along Campus Drive, or other appropriate area of the site. An inventory shall be conducted, and a tabular tree list submitted as part of a relocation plan for the existing vegetation affected by the area of proposed construction. Said plan shall be subject to review and approval by the City Forester. (City Forester) City Engineer 1. “Applicant shall copy to the City all permit applications, permits, certifications and approvals.” (City Engineer) 2. “Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer.” (City Engineer) 3. “Prior to the issuance of occupancy, the applicant shall plat the site to include all existing and proposed easements and like encumbrances (including the preserve area and linkage road right of way with appropriate reservations and dedications in the plat), in accordance with LDR Section 78-446 for City Council approval.” (City Engineer and Planning & Zoning) requested waiver 4. “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a cost estimate and surety in accordance with LDR Section 78-309 and 78-461 and a cost estimate 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) 5. “The construction, operation andor 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) 6. “Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. (City Engineer) 7. “Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters.” (City Engineer) 8. “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) 7 Date Prepared: January 23,2008 Meeting Date: February 12,2008 Petition: PCDA-07-09-000005 Page 8 of 8 SPLA-07-10-000008 9. “Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements.” (City Engineer) 10. “Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of any workkonstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activity within the public right-of-way and the subject development site.” (Public Works) Subiect ProDerty Planned Community Development - North Planned Community Development North County Government Center (PCD) The MacArthur Regional Center south Single Family Residential unincorporated Palm Beach County Eissey Theatre Palm Beach County Single Residential Public/Institutional (PO) (RS) East Palm Beach Community College Eissey Campus PublidIndtutional (P/I) West United States Post Office 1 Public/Institutional (P/I) - Public (P) Commercial (C) Professional Office (PO) Palm Beach County Low Density Residential (LR-2) Public (P) Public (P) Public (P) 8 NORTH COUNTY GOVERNMENT CENTER APPLICATION FOR PCD AMENDMENT STATEMENT OF JUSTIFICATION 1) Explain the nature of the request. On behalf of Palm Beach County, the Palm Beach County Facilities Development & Operations (FD&O) Department is seeking development approvals from the City of Palm Beach Gardens to allow for amendments to the North County Government Center Planned Community Development (PCD). These amendments are necessitated principally by a proposed expansion to the North County Regional Library. The specific development approvals that are concurrently being pursued by Palm Beach County are as follows: Amendment to the North County Government Center PCD and Master Plan, including the removal of land and reduction of overall acreage; reconfiguration of the PCD Master Plan; and other various modifications that are addressed in hrther detail below; and, Amendment to the North County Regional Library Site Plan to increase land area and add building square footage to allow for the construction of a 14,612 square foot expansion, including a waiver of the City’s parking regulations to allow more than 10% of the required parking for the library. As indicated above, the County is requesting concurrent processing of these development applications. A separate agreement, as required by the City of Palm Beach Gardens, is being submitted to facilitate this administrative procedure. The prevailing Master Plan for the North County Government Center PCD was approved by the City Council on December 4, 1997 (Ordinance 54, 1997). The PCD is currently approved as a 33.698 acre campus with six (6) separate parcels located at the southwest corner of PGA Boulevard and Campus Drive. The PCD currently supports the 103,637 square foot North County Government Center, which houses the North County Courthouse and County administrative offices, and the 24,920 square foot North County Regional Library. Additional parcels within the PCD are currently approved for use as a licensing bureau and training facility for the State of Florida Department of Motor Vehicles (DMV), two (2) passive parks, and an environmental preserve. This application proposes several amendments to the PCD and prevailing Master Plan, which are generally described as follows: Expansion of the Regional Library parcel from the existing 4.06 acres to 6.6 acres, for an increase of 2.54 acres; North County Government Center PCD Amendment Page 1 of 6 0 The addition of the east/west and nortldsouth linkage roads through the North County Government Center campus, as required by the City’s Comprehensive Plan; Relocation of the Environmental Preserve parcel to the west side of the northhouth linkage road , including a .566 acre expansion of the environmental preserve acreage within the PCD from 5.442 acres to 6.08 acres; Elimination of the existing 6.958-acre DMV parcel fronting PGA Boulevard from the limits of the PCD, resulting in a total PCD area of 27.694 acres; Reconfiguration of parcel boundaries within the PCD; Elimination of two (2) passive parks from within the PCD; and, Designation of a 2.802-acre parcel for future development. 0 0 0 0 The requested amendments to the PCD and Master Plan result primarily from the specific development plan for the library expansion. To accommodate the library expansion and associated improvements, the library parcel must also be expanded in area to support additional parking, stormwater management, and other site elements required by the City of Palm Beach Gardens. As a result of this parcel expansion, other parcels within the PCD must also be reconfigured to maintain separate and distinct parcel boundaries. Furthermore, since approval of the Master Plan in 1997, several changed conditions and circumstances have arisen that require the original design and balance of uses within the PCD to be revisited. Instances of these changed conditions and circumstance include the adoption of the Linkages Plan by the City; change in Palm Beach County’s development plans and projections for the passive parks; and unproductive negotiations and distanced relations between Palm Beach County FD&O and the DMV. By eliminating the DMV parcel, the PCD boundary will coincide with the County’s property ownership interest; thus affording both the County and DMV the ability to better manage any future development upon their separate properties. Palm Beach County FD&O reasonably anticipates that this arrangement would better serve redevelopment interests and objectives for the existing DMV parcel should such an opportunity arise. 2) What will be the impact of the proposed change on the surrounding area? Palm Beach County FD&O anticipates that the proposed change and development program will have no adverse affects on the surrounding areas. The subject site and existing buildings compliment and harmoniously coexist with the surrounding mix of commercial, residential and civic uses. The expansion of the existing library will enhance library services for the regional population and improve convenience to government services for the citizens residing in the northern Palm Beach County area. The proposed PCD and Master Plan amendments will bring the Master Plan into conformance with the County’s goals for future development of the campus while at the same time maintaining compatibility with the surrounding area and consistency with the prevailing pattern of development in the vicinity of the subject site. North County Government Center PCD Amendment Page 2 of 6 3) Describe how the request complies with the City’s vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. Future Land Use: The North County Government Center is designated on the City’s Future Land Use Map as “P”, Public. This designation allows for government uses, including those identified on the proposed PCD Master Plan. The development intensities proposed are consistent with the allowances of the Public FLU designation. The amended Master Plan for the North County Government Center campus conforms to all of the limitations and locational criteria established by the Comprehensive Plan for “Public Institutional” land uses, including setbacks, buffering, adequate parking, and onsite traffic circulation. Transportation: The traffic associated with the proposed library expansion was analyzed by the City with the original development plan submitted in 1992, and again in 1995 upon approval of the first Master Plan for the North County Government Center PCD. The proposed library expansion is considered “vested” for traffic concurrency purposes by virtue of completion of the first phase of development and inclusion of a 40,000 square foot library on Palm Beach County’s list of exempt municipal projects. Documentation to support this conclusion is being submitted as part of the current applications. Vehicular circulation through and in the vicinity of the site will be enhanced by the proposed linkage roads that will serve as secondary routes to PGA Boulevard, Fairchild Avenue and Campus Drive. Non-vehicular circulation will be maintained along all adjacent roadways and at strategic locations within the PCD. Housing: There is no impact on housing associated with this non-residential application. Infrastructure: Water: Seacoast Utility Authority supplies the subject site and surrounding area with potable water. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Sewer: Seacoast Utility Authority supplies the subject site and surrounding area with sanitary sewer service. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Drainage: The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and is subject to the permit requirements of the North County Government Center PCD Amendment Page 3 of 6 Improvement District and the South Florida Water Management District. The only impact on drainage associated with this project is the expansion of the parking area for the library, which involves the addition of approximately one and one-half acre of impervious area. This impact will be fully mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. 0 Solid Waste Disposal; The Solid Waste Authority of Palm Bach County provides disposal on a countywide basis. As confirmed by the Solid Waste Authority in its letter dated January 17, 2007 (a copy of which is included in this application), adequate capacity exists at the Authority’s facilities through the year 202 1. Coastal Management: The subject site is not located within the coastal area. Conservation: A significant portion of the North County Government Center campus has been developed or otherwise established for development purposes. As a result of the proposed changes to the PCD and Master Plan, all of the contiguous area located to the west of the proposed north/south linkage road will be designated as an environmental preserve parcel. This area comprises approximately 6.08 acres and supports a variety of soils, vegetation and wildlife. In comparison to the preserve area indicated on the prevailing Master Plan, the proposed environmental preserve area represents an increase of more than one-half acre. As part of the planning effort for this application and the proposed campus layout, Cotleur & Hearing, Inc. performed a comprehensive investigation of the site’s environmental conditions. A report summarizing the findings of this assessment is being submitted as part of this application. Based upon the investigation, Cotleur & Hearing, Inc. has confirmed that naturally occurring vegetation on the undeveloped portion of the campus consists of good quality, mature pine flatwoods. Existing native vegetation within previously disturbed areas of the site is interspersed with exotics, including stands of Melaleuca. The report concludes that the proposed preserve area will serve as a suitable habitat for any impacted gopher tortoise populations that might exist on those areas of the property being proposed for development. To the extent permitted by Florida Fish and Wildlife Conservation Commission (FF WCC) regulations and other authority, enhancement of the proposed 6.08 environmental preserve parcel will be phased to coincide with the forthcoming library expansion and future construction activity elsewhere within the PCD. Recreation and Open Space: The proposed changes have no adverse impact on any existing or planned City parks or recreation facilities. Removal of the passive parks indicated on the prevailing Master Plan will have no impact on the ability of either Palm Beach County or the City of Palm Beach Gardens to serve residents of northern Palm Beach County with parks facilities or otherwise provide adequate levels of service associated with recreation opportunities. Furthermore, the North County Government Center PCD Amendment Page 4 of 6 proposed changes will continue to satisfy all applicable City requirements for open space within the limits of the PCD. Intergovernmental Coordination: The site that is the subject of this application has been owned and managed by Palm Beach County since the early 1970’s. The intent to improve and utilize the site as a government complex to serve northern Palm Beach County remains unchanged. In recognition of this status and objective, the City designated the property as “P”/Public on the Future Land Use Map. The current request remains entirely consistent with the Public Future Land Use designation and ability to provide government service. Capital Improvements: All infrastructure improvements required to support the proposed library expansion and future facilities will be funded and constructed by Palm Beach County. The proposed library expansion will have no adverse impact on the City’s Capital Improvements Program since no additional City facilities or infrastructure will be required to support this development. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? Although a significant portion of the subject 27.694 acres has been developed, significant open space has been preserved within the existing development footprint of the North County Government Center campus. This same approach has been taken to development the proposed Master Plan, which is evidenced by the 6.08-acre preservation parcel and overall increase in preservation acreage. Considerable care has been taken during the planning stage of the associated library expansion to ensure that the project will meet the open space requirements of the City’s Land Development Regulations. The open space exhibit included with that application (Sheet A-1.02) confirms that a minimum of 3.03 acres, or nearly 46 % of the total area of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total site area. As indicated on the site plan submitted with the accompanying site plan application, the western 8’ of the library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area - a mix of mature slash pine, sabal palms and saw palmetto - will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? North County Government Center PCD Amendment Page 5 of 6 Palm Beach County will comply with the City’s requirements for Art in Public Places by commissioning art work for this project and managing the installation of same in lieu of payment. 0 6. Has the project received concurrency certification? Date Received: Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992 (Ordinance 13, 1992). The proposed expansion will not exceed this threshold, and no other development activity within the North County Government Center PCD has replied upon this reservation of capacity for the library expansion. No development aside from the library expansion or additional concurrency certification is proposed at the present time. At such time as a formal development program is proposed for the 2.802-acre future development parcel, Palm Beach County acknowledges that concurrency certification for such development will be required. Summary and Conclusion On behalf of Palm Beach County, Palm Beach County’s Facilities Development & Operations (FD&O) Department respectfully requests favorable consideration and approval of this application for an amendment to the North County Government Center PCD and Master Plan. The project team eagerly anticipates this opportunity to work with the City of Palm Beach Gardens to achieve a viable and practical Master Plan to accommodate the expansion of the North County Regional Library and address the remaining areas of the North County Government Center PCD campus. Representatives at Palm Beach County Facilities Development and Operations are Melanie Borkowski (Agent) and Bill DeBeck (Project Manager). The Project Manger at Anna S. Cottrell & Associates, Inc. is Anna Cottrell. North County Government Center PCD Amendment Page 6 of 6 NORTH COUNTY REGIONAL LIBRARY EXPANSION APPLICATION FOR SITE PLAN AMENDMENT STATEMENT OF JUSTIFICATION 1) Explain the nature of the request. On behalf of Palm Beach County, the Palm Beach County Facilities Development & Operations (FD&O) Department is seeking development approvals from the City of Palm Beach Gardens to allow for the expansion of the existing North County Regional Library. This application for site plan approval will result in an amendment to the site plan approved by the City on May 7, 1992, via Ordinance 13, 1992. Details present upon this approved site plan and the prevailing PCD Master Plan clearly indicate that the library expansion has always been contemplated and forthcoming. This application is being made by Palm Beach County FD&O concurrent with an application to amend the North County Government Center PCD and Master Plan. The PCD Master Plan was originally approved by the City on October 5, 1995 (Ordinance 18, 1995), and was later amended on December 4, 1997 (Ordinance 54, 1997). Approval of the concurrent PCD and Master Plan amendments are necessary to accommodate the proposed site plan for the library expansion. A separate agreement, as required by the City of Palm Beach Gardens, is being submitted to facilitate the concurrent processing of these pending applications. The North County Regional Library current exists as a 24,920 square foot building. The proposed expansion will introduce 14,612 additional square feet of interior space, resulting in a library building of 39,532 total square feet. The overall library parcel is being expanded from 4.06 acres to 6.6 acres in order to accommodate the building expansion and associated improvements, for an increase of 2.54 acres. As detailed on the accompanying site plan that has been submitted with this application, the 39,532 square foot library will be supported by 270 total parking spaces, which represents an addition of 138 parking spaces to the library’s existing surface parking area. A stormwater retention area, landscape areas and other associated improvements are also proposed as part of the building expansion and site plan amendment. 0 Since the 270 total parking spaces will exceed the library’s required parking (132 spaces, or one space / 300 square feet of library area) by more than lo%, a parking waiver is requested with this application as required and authorized by Section 78-345(d)(3) of the City’s Land Development Regulations. The accompanying site plan and exhibit (Sheet A- 102) demonstrate that additional open space is being provided at a ratio not less than 1.5 square feet per additional foot of paved surface, as required by City regulations, to address the surplus parking. It should be noted that Palm Beach County FD&O provides parking at a rate of 1 space per 150 square feet of gross floor area as a standard practice for all libraries on a County-wide basis. Whereas the City’s standard parking rate of 1 space per 300 square North County Regional Library Expansion #-%!qj $’ Site Plan Amendment {:i$\ I Page 1 of 6 feet applies to all government uses alike, Palm Beach County FD&O’s experience with a vast array of government uses and facilities has led to discovery that libraries often require a greater proportion of parking than do many other government uses. Possible explanations include longer duration of visitation by library patrons than patrons to many other government uses and facilities; infrequent vehicle turnover within surface parking areas that support library facilities; and organized public events and functions at library facilities, amongst other possible scenarios and site-specific demands. For all of the foregoing, Palm Beach County FD&O considers the waiver request to be appropriate, rational, and responsible; based upon sound planning principals; grounded by repeat experience for similarly suited and situated facilities; and a reflection of the broad use classification system employed by the City of Palm Beach Gardens to regulate the provision of parking. 0 2) What will be the impact of the proposed change on the surrounding area? Palm Beach County FD&O anticipates that the proposed change and library expansion will have no adverse affects on the surrounding area. The building expansion will enhance library services for the regional population and improve convenience to government services for the citizens residing in the northern Palm Beach County area. The existing library building and proposed expansion are compatible with the surrounding area and compliment the mix of residential, commercial and civic uses that exist adjacent to and in the vicinity of the library parcel and North County Government Center PCD. Care has been taken to maintain architectural consistency between the existing library building and 14,6 12 square foot expansion in order to minimize the potential for adverse visual impact. The site incorporates significant open space areas as required by City regulations and will be finished with substantial landscape treatment in order to uphold high aesthetic quality. 3) Describe how the request complies with the City’s vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. Future Land Use: The subject site and entire North County Government Center campus is designated on the City’s Future Land Use Map as “P”, Public. This designation allows for government uses, including libraries. The development intensity of the existing library and proposed expansion are entirely consistent with the allowances of the Public FLU designation. The proposed library site plan conforms to all of the limitations and locational criteria established by the Comprehensive Plan for Public land uses, including setbacks, buffering, adequate parking, onsite traffic circulation, and all other aspects. Transportation: The traffic associated with the proposed library expansion was analyzed by the City with the original development plan submitted for the library in 1992, and again in 1995 upon approval North County Regional Library Expansion Site Plan Amendment Page 2 of 6 of the first Master Plan for the North County Government Center PCD. The proposed library expansion is considered “vested” for traffic concurrency purposes by virtue of completion of the first phase of development and inclusion of a 40,000 square foot library on Palm Beach County’s list of exempt municipal projects. Documentation to support this conclusion is being submitted as part of this application. Non-vehicular circulation will be maintained both along the adjacent roadways and within the limits of the subject site. Housing: There is no impact on housing associated with this non-residential application, Infrastructure: Water: Seacoast Utility Authority supplies the site with potable water. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007, (a copy of which is included in this application), there is adequate capacity available to meet the demands of this project. Sewer: Seacoast Utility Authority supplies the site with sanitary sewer service. As confirmed by Seacoast Utility Authority in its letter dated September 11, 2007 (a copy of which is included with this application), there is adequate capacity available to meet the demands of this project. Drainage: The site is located within the jurisdictional boundaries of the Northern Palm Beach County Improvement District, and is subject to the permit requirements of the Improvement District and the South Florida Water Management District. The only impact on drainage associated with this application is the expansion of the library parking area, which involves the addition of approximately one and one-half acre of impervious area. This impact will be fully mitigated by the installation of retention, pipes and inlets, which will connect to the existing library drainage system. 0 Solid Waste Disposal: The Solid Waste Authority of Palm Bach County provides disposal on a countywide basis. As confirmed by the Solid Waste Authority in its letter dated January 17, 2007 (a copy of which is included in this application), adequate capacity exists at the Authority’s facilities through the year 202 1. Coastal Management: The subject site is not within the coastal area. Conservation: The additional parking and other improyements needed to support the library and forthcoming expansion requires that the boundaries of the library parcel be enlarged. For this reason, the environmental preserve designated adjacent to the library parcel on the prevailing Master Plan will be relocated to the western limits of the PCD and west of a proposed northhouth linkage road. This area comprises approximately 6.08 contiguous acres (nearly North County Regional Library Expansion Site Plan Amendment Page 3 of 6 22% of the entire 27.694-acre North County Government Center PCD) and supports a variety of soils, vegetation and wildlife. In comparison to the 5.44-acre preserve area indicated on the prevailing Master Plan, the proposed 6.08-acre environmental preserve area represents an increase of more than one-half acre. 0 As part of the planning effort for this application and the proposed campus layout, Cotleur & Hearing, Inc. performed a comprehensive investigation of the site’s environmental conditions. A report summarizing the findings of this assessment is being submitted as part of this application. Based upon the investigation, Cotleur & Hearing, Inc. has confirmed that naturally occurring vegetation on the undeveloped portion of the campus consists of good quality, mature pine flatwoods. Existing native vegetation within previously disturbed areas of the site is interspersed with exotics, including stands of Melaleuca. The report concludes that the proposed preserve area will serve as a suitable habitat for any impacted gopher tortoise populations that might exist on those areas of the property being proposed for development. To the extent permitted by Florida Fish and Wildlife Conservation Commission (FFWCC) regulations and other authority, enhancement of the proposed 6.08 environmental preserve parcel will be phased to coincide with the forthcoming library expansion and future construction activity elsewhere within the PCD. Designation of the 6.08 acre preserve area on the proposed Master Plan for the North County Government Center PCD meets the intent of the City’s Comprehensive Plan for preservation and protection of native habitats and the provision of open space for this purpose. Accordingly, Palm Beach County FD&O anticipates that there are no adverse environmental impacts associated with the proposed library expansion and PCD development program. The library parcel design incorporates significant areas of open space, as identified on the open space exhibit included within the application package (Sheet A- 102.). The existing native vegetation within the 8’ landscape buffer identified along the western limits of the parcel will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. Recreation and Open space: This application will have no adverse impact on any existing or planned City park or other recreation facilities. The proposed site plan amendments will continue to satisfy all applicable City requirements for open space within the limits of the subject site. Intergovernmental Coordination: The subject site has been owned and managed by Palm Beach County since the early 1970’s. The intent to utilize and improve the site as a regional library to serve northern Palm Beach County remains unchanged. In recognition of this status and objective, the City designated the property as “P”/Public on the Future Land Use Map and approved a Master Plan for North County Regional Library Expansion Site Plan Amendment Page 4 of 6 development that would allow a campus for County government related uses. The current request remains entirely consistent with the Public Future Land Use designation and furthers the ability to provide government service. Approval of this application would be entirely consistent with the intent and identified purpose of previous approvals for the North County Government Center and is necessary to allow for the construction of the second phase of the North County Regional Library. Capital Improvements: All infrastructure improvements required to support the proposed library expansion will be funded and constructed by Palm Beach County. The proposed library expansion will have no adverse impact on the City’s Capital Improvements Program since no additional City facilities or infrastructure will be required to support this development. 4) ‘How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The proposed library expansion was previously approved as a second phase of development for this facility. Notwithstanding this scope of work and other minor modifications to the existing library building and related site improvements, the only new development proposed by this application is the expansion of the parking area needed to support the library expansion. Significant open space has been preserved within the development footprint of the existing and proposed the library parcel and throughout the North County Government Center campus. Care has been taken during the planning stages of the library expansion to ensure that the project will meet the open space requirements of the City’s Land Development Regulations. The open space exhibit included with that application (Sheet A- 1.02) confirms that a minimum of 3.03 acres, or nearly 46 % of the total area of the expanded library parcel, will be maintained as open space. The open space calculated for the required Landscape Points is 1.98 acres, or 30% of the total site area. 0 As indicated on the site plan submitted with this application, the western 8’ of the proposed library parcel is intended to serve as a required landscape buffer. The existing native vegetation in this area - a mix of mature slash pine, sabal palms and saw palmetto - will remain and ultimately be combined with the landscape buffer proposed for the east side of the adjacent parcel being designated for future development. The few exotic species that exist in this general area of the expanded library parcel are located primarily at the edges of the parcel and will be removed in conjunction with site development activity. 5) How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261, Land Development Regulations)? North County Regional Library Expansion Site Plan Amendment Page 5 of 6 Palm Beach County will comply with the City’s requirements for Art in Public Places by commissioning art work for this project and managing the installation of same in lieu of payment. 0 6) Has the project received concurrency certification? Date Received: Concurrency was approved for a 40,000 square foot library as part of the initial development order granted by the City in 1992 (Ordinance 13, 1992) and as reinforced upon subsequent Master Plans approved for the North County Government Center PCD. The proposed expansion will not exceed this threshold, and no other development activity within the North County Government Center PCD has replied upon this reservation of capacity for the library expansion. Summary and Conclusion On behalf of Palm Beach County, Palm Beach County’s Facilities Development & Operations (FD&O) Department respectfully requests favorable consideration and approval of this application for a Site Plan Amendment and waiver to accommodate the expansion of the North County Regional Library. The project team eagerly anticipates this opportunity to work with the City of Palm Beach Gardens to realize this objective and achieve a viable and practical Master Plan to address the remaining areas of the North County Government Center PCD campus. Representatives at Palm Beach County Facilities Development and Operations are Melanie Borkowski (Agent) and Bill DeBeck (Project Manager). The Project Manger at Anna S. Cottrell & Associates, Inc. is Anna Cottrell. 0 North County Regional Library Expansion Site Plan Amendment Page 6 of 6 January 10,2008 Denise M. Nieman County Attorney P.O. Box 1989 West Palm Beach, R 33402-1989 (561) 355-2225 Suncom: (561) 273-2225 FAX: (561) 355-4398 w,pbcgov.com Palm Beach County Board of County commissioners e L. Greene, Chairperson a Jeff Koons. Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman ’motive Action Employer” ,a via electronic and US Mail ’ Ms. Allyson Maiwurm Project Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 334 10 Re: North County Government Center PCD SPLA-07- 10-08 and PCDA-07-09-05 Dear Ms. Maiwurm: This will serve as written follow up to our conversation this afternoon. For the purposes of traffic concurrency regulations, the above referenced project is complete and fully vested for the total square footage approved. Palm Beach Gardens approved the North County Government Center PCD Master Plan (Ordinance 54, 1997) for the following development: a 103,637 square foot courthouse and administration building, a 40,000 square foot library, and a 3,100 square foot Department of Motor Vehicles Facility. Of the total 146,737 square feet approved, all but 15,080 square feet of library for its expansion, and the relocation of the existing 3,100 square foot DMV facility remain to be built. According to these figures, 87.6 percent of the total building area has been c cnstruct e$. According to the County’s Traffic Performance Standards regulations, the project buildout date sets the anticipated time of completion of the proposed project included in a traffic impact study. In all other respects, however, a project is deemed complete once it is 80 percent built. The definition of “Buildout Period” provides in pertinent part: “In the case of a non-residential project, the final CO [certificate of occupancy] for interior tenant improvements for 80 percent of the gross leasable area shall be the completion of the proposed project for purposes of this Article.” Palm Beach County Unified Land Development Code, section 1.7.2.R.68. . .. , I. .. . .. .. Ms. Allyson Maiwurm January 10,2008 Page 2 Because this project is considered complete for purposes of the County’s Traffic Performance Standards regulations, it does not require additional traffic concurrency review or approvals. Please feel fiee to contact me with any additional concerns or questions. Sincerely, &CLC% Leonard Berger , Assistant Cofl Attorney LBIjg cc: Allan Ennis, Assistant Director, Traffic Engineering, Engineering & Public Works Melanie Borkowski, Manager, Facilities Compliance, Facilities Development & Operations Eric McClellan, Senior Site Planner, Facilities Development & Operations G:\WPDATA\LANDUSE\LBERGER\TPShorth county library expansion.doc October 25,2007 Depafiment of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1 229 (561) 684-4000 www.pbcgov.com Palm Beach County mprd of County Commissionera Addie L. Greene, Chairperson Jeff Koons. Vice Chair 0 Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santarnarla County Administrator Robert Weisman 3an Clark, P.E. 3ty Engineer Zity of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: North County Governmental Center Development Order Amendment and Library Expansion Dear Mr. Clark I was requested by Anna Cottrell, Agent for the above mentioned development, to notify you of the traffic concurrency status of this project. The attached letter from Dan Weisberg (Palm Beach County Traffic Division) to Rich Walton (City of Palm Beach Gardens Planning and Zoning Department) dated November 15,1996 originally approved this project for traffic concurrency. Although this letter had noted a 1999 year buildout for this project, this would have needed to be a condition of the City's development order to be enforceable according to our Assistant County Attorney Lenny Berger. If there is no such condition, there is no expiration date for the traffic concurrency and the approval is still valid. Please do not hesitate to contact me if you should have any questions regarding this matter. Sincerely, All& A. Ennis, P.E., AICP Assistant Director Palm Beach County Traffic Division AEE:cp Attachment cc: Anna S. Cottrell, P.O. Box 19058, West Palm Beach, FL 33416 File: General - North County Governmental Center N:\TRAFF1Cha\Adrnin\Approvals\2007U)7 I 025R.doc Depuunent of Engheednp and Public Workr P.O. Box 21229 West Palm Bcach. FL 33416-1229 (561) 684-4000 Palm Buch bunty Board of county Commirslonera Ken L. Foster. Chdrrnrn Burt Aaronson. Vice Chairman Karen T. MUCUS Carol A. Robem Warren H. Newell May McCarly Maude Ford Lee County Admhtmtrr Roben Wisman. P.E. November 15, 1996 Mr. Rich Walton 'lanning and Zoning Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 PBG 460607 E: NORTH COUNTY GOVERNMENT CENTER )ear Mr. Walton: he Palm Beach County Traffic Division has reviewed the revised traffic impact tudy for the project entitled North C ountv Governm ent Cen ter, pursuant to the 'raffic Performance Standards in Section 15 of the Palm Beach County Land )evelopment Code. The proposed project will expand the existing 31,637 quare foot courthouse complex to 105,000 square feet. This includes 30,000 quare feet for a museum. The project will also expand the existing 24,000 ,quare foot library to 40,000 square feet. The project will generate 7,931 new rips. This trip generation estimate is considered to be conservative because he courthouse complex rate was used for the museum, which is anticipated o generate less traffic. The build-out for the project is 1999. he MPO has performed the required Test 2 model run for the project. It has Ieen determined that the project meets Test 2. The Traffic Division has jetermined that the project meets the Traffic Performance Standards of Palm 3each County. If you have any questions, please contact me at 6844030. Sincerely, OFFICE OF THE COUNTY ENGINEER &:.- >+ Dan Weisberg, P.E. Senior Registered Civil Engineer cc. Kahart Pinder, Davis Plummer 8 Assoc. Yvonne Ziel, Yvonne Ziel Traffic Consultants Jim Barns, PBC Facilities File: New - TPS - Traffic Study Review d@McA4AHON McMAHON ASSOCIATES, INC. 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www.mcmtrans.com p 561-840-8650 I f 561-840-8590 January 11,2008 Mr. Dan Clark, P.E. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 PRINClPALS Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John S. DePalma William T. Steffens ASSOCIATES Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall RE: North County Regional Library Expansion McMahon Project No. M06344.33 Dear Mr. Clark: McMahon Associates, Inc. (McMahon) has prepared this Traffic Impact Study for the proposed expansion of the North County Regional Library located at 11303 Campus Drive in Palm Beach Gardens, Florida. It has direct access to Fairchild Avenue via a two-way driveway connection. The library will be expanded from its current size of 24,920 square feet to 39,532 square feet. The site has been issued a Palm Beach County traffic concurrency approval, but requires a concurrency approval from the City of Palm Beach Gardens. Therefore, this traffic study was prepared based on the City’s requirement that all of roadways that are significantly impacted by this project must not exceed their adopted Level of Service (LOS). The analysis assumed a build out of 2013. Project Trip Generation The daily, AM peak hour and PM peak hour trip generation for this project was calculated using the Institute of Transportation Engineers (ITE) trip generation rates that are accepted by Palm Beach County. Attachment 1 summarizes the proposed project’s impacts by comparing its current square footage of 24,920 to its proposed square footage of 39,532. The increase in square footage is projected to have an impact of 749 daily, 15 AM peak hour, and 98 PM peak hour net new trips. Roadway Capacity Analysis The number of vehicle trips generated by this project corresponds to a one (1) mile radius of influence. A distribution of project traffic on the surrounding roadway network was developed based on the land use of the property and the proximity to major roadways and residential areas. The resulting percent distribution of project traffic is shown in Attachment 2. The net new peak hour vehicle trips were assigned to the surrounding roadway network based on this distribution. A significance analysis was performed for the AM and PM peak hours in order to determine which roadways would have to be analyzed for LOS determination. Attachments 3 and 4 show the results of the significance analysis for the AM and PM peak hours, respectively. Fairchild Avenue and Campus Drive are significantly impacted in the PM peak hour. 0 Mr. Dan Clark, P.E. - North County Regional Library January 11,2008 Page 2 0 Fairchild Avenue and Campus Drive are City roadways and are required to operate at LOS D. Traffic Data was collected on both of these roadways by the Palm Beach Gardens Police Department on January 8, 2008. The traffic data is included as Attachment 5. This data was used to establish the 2008 traffic volumes for both roadways. A nominal annual compound growth rate of one (1) percent was applied to the 2008 traffic counts in order to project traffic volumes for 2013. The one percent growth rate was used because the majority of traffic volumes in the area have shown a reduction in the three (3) year growth rate calculation. Attachment 6 provides the summary table for the LOS analysis of both roadways and shows that neither will exceed their LOS as a result of the library expansion. Conclusion McMahon has reviewed the potential traffic impacts associated with the expansion of the North County Regional Library from 24,920 square feet to 39,532 square feet. The increase in square footage is projected to have an impact of 749 daily, 15 AM peak hour, and 98 PM peak hour net new trips. The project will not cause the significantly impacted roadways, Fairchild Avenue and Campus Drive, to exceed their adopted LOS of D. McMahon has determined that this development meets the City’s traffic concurrency requirements and can be approved. Please contact me with any questions or concerns that you may have regarding this analysis. Sincerely yours, License No. 62400 State of Florida, Board of Professional Engineers Certificate of Authorization No. 4908 JPK Attachments Attachment 1 - Trip Generation Table Attachment 2 - Project Distribution Figure Attachment 3 - AM Peak Hour Significance Analysis Table Attachment 4 - PM Peak Hour Significance Analysis Table Attachment 5 -Traffic Data Attachment 6 - Roadway Capacity Analysis Table a F:\FL\06344M\06344M33 - PBC Library Expansion\Admin\letter report 011108.doc ATTACHMENTS 0 aL70 PGA Boulevard 41 % 43 8% RCA Boulevard m North County Regional Library Expansion Palm Beach Gardens, FL ATTACHMENT 3 AM PEAK HOUR SIGNIFICANCE ANALYSIS NORTH COUNTY REGIONAL LIBRARY EXPANSION EastIWest I I ;ardens Parkway Alternate AIA Fairchild Gardens Ave Fairchild Gardens Ave Kew Gardens Ave Kew Gardens Ave Prosperity Farms Rd 'GA Blvd Alternate A1A Fairchild Gardens Ave Fairchild Gardens Ave Kew Gardens Ave Kew Gardens Ave Prosperity Farms Rd Fairchild Gardens Ave Project Driveway Project Driveway Campus Dr 'airchild Avenue :CA Blvd Northcorp Parkway Alternate AlA Alternate AlA Fairchild Gardens Ave Fairchild Gardens Ave Campus Dr Campus Dr Prosperity Farms Rd lurns Road Alternate AIA Gardens East Dr Gardens East Dr Propserity Farms Rd North/South ilternate AlA PGA Blvd RCA Blvd RCA Blvd Bums Rd airchild Gardens Ave Gardens Parkway PGA Blvd PGA Blvd Fairchild Ave Fairchild Ave RCA Blvd rampus Dr Gardens Parkway PGA Blvd PGA Blvd Fairchild Ave Fairchild Ave RCA Blvd RCA Blvd Bums Rd 'ropserity Farms Rd PGA Blvd RCA Blvd RCA Blvd Bums Rd I I - 4LD 4LD 4LD 6LD 6LD 6LD 2LD 2LD 2LD 2LD 2LD 2LD 4LD 4LD - - 4LD 4LD 4LD 4LD 2LD 4LD 2LD 2LD 2LD 4LD 4LD - D D D D D D D D D D D D D D D D D D D D D D D D D - 3,110 3,110 3,110 4,680 4,680 4,680 1,460 1,460 1,460 1,460 1,460 1,460 3,110 3,110 3,110 3,110 3,110 3,110 1,460 3,110 1,460 1,460 1,460 3,110 3,110 1 % 2% 4% 37% 4% 32% 45% 55% 4% 14% 0% 8% 3% 3% 5% 5% 2% 31% 14% 5% 41% 14% 6% 4% 4% 0 0 1 6 1 11 7 8 1 2 0 11 0 0 1 1 0 5 2 1 6 2 1 1 1 0.00% 0.00% 0.03% 0.13% 0.02% 0.24% 0.48% 0.55% 0.07% 0.14% 0.00% 0.75% 0.00% 0.00% 0.03% 0.03% 0.00% 0.16% 0.14% 0.03% 0.41% 0.14% 0.07% 0.03% 0.03% NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO ATTACHMENT 4 PM PEAK HOUR SIGNIFICANCE ANALYSIS NORTH COUNTY REGIONAL LIBRARY EXPANSION ardens Parkway ;A Blvd lirchild Avenue =A Blvd ims Road EastfWest IAltemate AlA (Fairchild Gardens Ave Fairchild Gardens Ave Kew Gardens Ave Kew Gardens Ave Prosperity Farms Rd Alternate A1A Fairchild Gardens Ave Fairchild Gardens Ave Kew Gardens Ave Kew Gardens Ave Prosperity Farms Rd Fairchild Gardens Ave Project Driveway Project Driveway Campus Dr Northcorp Parkway Alternate AlA Alternate A1A Fairchild Gardens Ave Fairchild Gardens Ave Campus Dr Campus Dr Prosperity Farms Rd Alternate A1A Gardens Fast Dr Gardens East Dr Propserity Farms Rd NorthlSouth ltemate AlA PGA Blvd RCA Blvd RCA Blvd Burns Rd iirchild Gardens Ave Gardens Parkway PGA Blvd PGA Blvd Fairchild Ave Fairchild Ave RCA Blvd rmpus Dr Gardens Parkway PGA Blvd PGA Blvd Fairchild Ave Fairchild Ave RCA Blvd RCA Blvd Bums Rd opserity Farms Rd PGA Blvd RCA Blvd RCA Blvd Bums Rd 4LD D 4LD D 4LD D 6LD D 6LD D 6LD D 2LD D 2LD D 2LD D 2LD D 2LD D 2LD D 4LD D 4LD D 4LD D 4LD D 4LD D 4LD D 2LD D 4LD D 2LD D 2LD D 2LD D 4LD D 4LD D 3,110 1 % 3,110 2% 3,110 4% 4,680 37% 4,680 4% 4,680 32% 1,460 45% 1,460 55% 1,460 4% 1,460 14% 1,460 0% 1,460 8% 3,110 3% 3,110 3% ---i--- 3,110 5% 3,110 5% 3,110 2% 3,110 31% 1,460 14% 3,110 5% 1,460 41% 1,460 14% 1,460 6% 3,110 4% 3,110 4% 1 2 4 36 4 11 44 54 4 14 0 11 3 3 5 5 2 30 14 5 40 14 6 4 4 0.03% 0.06% 0.13% 0.77% 0.09% 0.24% 3.01% 3.70% 0.27% 0.96% 0.00% 0.75% 0.10% 0.10% 0.16% 0.16% 0.06% 0.96% 0.96% 0.16% 2.74% 0.96% 0.41% 0.13% 0.13% NO NO NO NO NO NO YES YES NO NO NO NO NO NO NO NO NO NO NO NO YES NO NO NO NO - ATTACHMENT 5 Palm Beach Gardens Police Traffic Unit : Fairchild Ave W of Campus Dr u Site: Fairchild Av Date: 01/08/08 -_____-. . . .__ ... ... - Title3 Interval Day: Tuesday Begin Combined __- E--- ____ w -.___ * * 12:AM 0 01:oo 02:oo 03:OO 04:OO 0500 06:OO 07:OO 08:OO 09:oo 1o:oo 1 l:oo 12:PM 01:oo 02:oo 0390 04:OO 05:oo 06:OO 07:OO * * * * * * * 56 52 117 13 1 133 13 1 39 39 60 54 82 64 56 29 10 * * * * * * * 67 111 134 133 169 155 132 147 I82 129 84 46 26 19 2 0 0 0 0 0 0 0 123 163 25 1 264 302 286 27 1 286 342 283 166 110 82 48 12 1 l:oo 4 2 6 Totals 1.457 1,538 2.995 Split % 48.6 51.4 AM Peak 1 l:oo Volume 13 1 PM Peak Volume 04:OO 160 1o:oo I34 04:OO 182 I l:oo 264 04:OO 342 Data File : Fairchild Printed : 1/9/2008 Page : 1 ATTACHMENT 5 : Campus Dr N of Fairchild Ave Palm Beach Gardens Police Traffic Unit Site: Campus Dr Date: 0 1/08/08 -- --.-.--.I-__ Inteival Day: Tuesday Coinbind s . ..... __ .. Begin -. . . N * * 12:AM 0 0 1 :oo 02:oo 03:OO 04:OO 05:OO 06:OO 07:OO 08:OO 09:OO 1o:oo 1 l:oo 12:PM 0 1 :oo 02:oo 03:OO 04:OO 0500 06:OO 07:OO * * * * * * * 181 174 240 283 368 3 86 269 3 70 279 215 176 156 I79 94 15 * * * * * * * 186 29 1 252 248 329 288 27 1 285 3 00 296 24 I 114 69 62 18 0 0 0 0 0 0 0 367 465 492 53 1 697 674 540 655 579 51 1 417 270 248 156 33 1 l:oo 13 18 31 Totals 3.398 3,268 6,666 Split % 51.0 49.0 AM Peak I 1:oo Volume 283 PM Peak Volume 01 :oo 3 86 09:OO 29 1 12:oo 329 11:oo 53 1 12:oo 697 Data File : CampusFairchild Printed : 1/9/2008 Page : 1 xilities Development K. )perations Department 2633 Vista Parkway Palm Beach, FL 3341 1-5603 LEPHONE. (561) 233-0200 FAX. (561) 233-0206 ',\jkcp cornlido I Palm Beach County ard of County Commissioners 1. Gieenc, Chairperson + Koonr. Vice Charmian Couri~ Adm io istrator Robti? Weisman, P.E lecember 26,2007 state of Florida >ivision of State Lands rllTF Driver Licenses 1900 Commonwealth Rlvd., MS 108 rallahassee, FL 32399-6575 3E: Notice of Pending Amendment North County Government Center PCD >ear Property Owner: 3n behalf of Palm Beach County, this letter is provided by the Facilities Development & Operations (FDkO) Department. The purpose of this letter is o provide notice of an application that is pending with the City of Palm Beach 3;ardens Growth Management Department. The pending application addresses the North County Government Center ?armed Community Development (PCD). The PCD is located at the ;outhwest corner of the intersection of PGA Boulevard and Campus Drive and IS currently approved as a +/-33.698 acre campus with six (6) separate parcels. 4mongst other objectives, the pending application proposes to remove the ti-6.96-acre DMV licensing bureau and training facility parcel that fi-onts PGA Boulevard (see attached property map) from the limits of thc PCD. Upon removal of this IJMV parcel, the PCD boundary will be synonymous with Palm Beach County's property ownership interest in the North Count> Government Center campus. A review of FD&O records has provided no indication that the State of Florida consented to the -1-6.96-acre DMV parcel being included in the North County Government Center PCD upon initial approval bl; the City of Palm Beach Gardens in 1997. Based upon a comparison of property ownership and the campus configuration presented upon the approved PCD Master Plan (attached), FD&O presumes that past negotiations between Palm Beach County and DMV property representatives failed to materialize; thus leaving the approved PCD Master Plan in a state that does not reflect current conditions, valid arrangements. or anticipated development activity. On behalf of Palm Beach County, FD&O appreciates your attention to this letter. Should you have any questions, require additional information, or wish to discuss this matter in more detail, please feel free to contact me at (561) 233-0200. Sincerely, %*,\do? Audrey olf,Di ctor Facilities Development & Operations Attachments c: Ross Hearins, Director. FD&O/PREM Melanie Borkowski, Manager, Facilities Compliance Anna Cottrell, AICP, Anna S. Cottrell & Associates, Inc. Donaldson Hearing, Cotleur & Hearing File 1 asc I 01 I --. _I____ r- ----- I i M10 - Owner lnformation Name: TIITF DRIVER LICENSES LOGttiogl: 3185 PGA BLV 3900 COMMONWEALTH BLV TALLAHASSEE FL 32399 6575 Mailing: MS 108 Appraisal Vafue Market Value: Assessed Value: $6,294,423 Exempt Amnt: 56,294,423 Non ad valorem: - Sales lnformation Sales-Date Price $140,000 May-1975 Lcgcrid Palm Beach County Property Map Map Scale 15843 1-1 Parcel Boundary w L. April 13, 1992 DRDIEIANCE 13, 1992 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNlT DEVELOPMENT ON LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO WHICH IS PART OF A NORTH COUNTY PUBLIC FACILITIES COMPLEX OWNED BY AND TO BE USED BY THE COUNTY OF PALM BEACH AS A REGIONAL LLBRARY WITH AN UNDERLYING ZONING USE DESIG- NATED GU- GOVERNMEKTAL USAGE SUBJECT TO THE PLANS, SPECIFICATIONS AND CONDITIONS SET FORTH HEREIN8 AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development to be used as a library with underlying use of GU- Governmental Zoning District is created upon the lands described in Exhibit "A" attached hereto. This Planned Unit Development approves Phose facility structure consisting of approximately 24,000 square feet. I of said library Section 2. Development under this Planned Unit Develop- ment shall be subject to the plans and specifications and conditions as hereinafter set forth: A. Plans and Specifications: 1. Site Plan prepared by Educated Sign, dated April 28, 1992, consisting of one Sheet A-1. 2. Landscape Plan, prepared by Urban Design Studio, dated February 3, 1992, and con- sisting of one Sheet L-1. Landscape Materials Schedule C Planting Details, prepared by Urban Design Studio, dated February 3, 1992, and consisting of one Sheet L-2. 3. 4. Northeast and Southwest Elevations, prepared by Educated Design, dated Septem- ber 4, 1991, and consisting of one sheet A-5. 5. North, Northwest and Southeast Elevations, prepared by Educated Design, dated September 3, 1991, consisting of one Sheet A-6. 6. Building Sections Plan, prepared by Educated Design, dated August 19, 1991, and consist- ing of one Sheet A-7. 7. Wall Sections Plan, prepared by Educated Design, dated September 20, 1991, and consisting of one Sheet A-9. 8. Exterior Color Scheme: MetalRoof and Coping Walls Benjamin Moore IHC 173 Base of Walls Benjamin Moore IHC 172 Accents : Benjamin Moore 8663 Brick Windows Louvers B . Conditions : 1. 2. 3. 4. 5. Benjamin Moore #077 Benjamin Moore #663 Benjamin Moore #663 Fairchild Avenue shall be extended to a two- lane facility from its current terminus easterly to Campus Drive prior to the issuance of any Certificate of Occupancy for the Library. The proposed Buffer "C" along the Fairchild Avenue Extension, including the median as indicated on the Typical Buffer Detail Plan, shall also be installed and irrigated by the completion of the Fairchild Avenue Extension. The location of the Library access driveway on Fairchild Avenue shall be coordinated with and aligned with the access driveway for the Palm Beach Community College Campus Theater. Prior to approval of each subsequent phase or sub-phase of this Planned Unlt Development, the County shall provide to the City a Traffic Study including the traffic generated by all previously approved phases or sub-phases within the Master Plan. The sign elevation and location shall be subject to future review by City Staff and approval by subse- quent Resolution of the City Council. Prior to construction, trees or vegetated clusters, which have been designated for preservation as per the Landscape Plan, shall be properly tagged. The vegetation falling within the drip line of these trees shall be preserved where desirable. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of all trees or vegetated clusters to be protected. approved by the City Forester prior to issuance of any Permit authorizing land clearing. 153.50 (Tree Protection), Paragraphs B, C, and D of the Palm Beach Gardens Code shall be enforced during construction. This work shall be inspected and Section -2 - L 0 6. H Certificate of Occupancy snall be issued for this Planned Unit Development no later than January 1, 1995. In the event same is not so issued, all work shall terminate, pending Petitioner fur- nishing to the City a current certified traffic study subject to the standards of Ordinance 90-40of Palm Beach County and amendments thereto. 7. All required Permits and Management Plan for the Relocation of the Gopher Tortoises shall be obtained from the Florida Game and Fresh Water Fish Commission and submitted to the City Staff prior to the issuance of any Permit authorizing land clearing. 8. All trees designated for preservation that die during construction or because of con- struction practices, shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced of like specie. ment tree shall have a minimum three-inch caliper diameter. The replace- 9 . All associated landscaping along Fairchild Avenue and Campus Drive adjacent to the Regional Library , Planned Unit Development, shall be installed and maintained in conjunction with the completion of said Planned Unit Development and prior to issuance of a Certificate of Occu- pancy. 10. Prior to the issuance of the Certificate of Occupancy, the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved Landscape Plans. Any changes to the approved Landscape Plans shall be approved by City Coun- cil. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. When compliance has been confirmed by the City Forester, the City Building Department shall be notified. Section 2. All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed. Section 4. This Ordinance shall be effective upon the date of passage. , 1992. , 1992. .. - COUNCILMAN --- ATTEST: APPROVED AS TO FORM AM) LEGAL $#FFICIENCY .- LEGAL O€SCRlPTION # THE P&M BEACH POST - Puhlished Daily and Suntla) West Palm Beach. Palm Hewh C'orinlv. k'ltirida STATE OF FL0ftII)A COLINTY OF PALM REACH Chris Bull Hetore the tiiidorsipned authority ~>ersonally appeared ____ __-____ who on oath says that \he/he isclass - Mgr dThe Palm Beach Pwt. a daily and Sunday newspaper publlshed at West Palm Heac:i in Palin Reach ('iiunty. Fliirida: that the attached copy of advertising, being H in the matter of __- in the the msues 01 Not ice ordinance 13, 1992 April 22, 1992 --- CourL. was ~~uldinhed in mid newspaper in Atliant further bays that the said The POSL is a ncwcpaper publisht,d at [Vest Palm Beach, in said Palm Beach County, Florida, and that the said iiewspapzr has heretrifore been continuoualy puhlished in said Palin Reach County, Florida. ddy and Sunday and has been entered as secund class mail matter at the post office in West Palin Beach, iii said Palm Beach County. Florida. for a period of one year next prweding the first puhlrcation of the attached copy of advertisement, and affiant further says that xhe/he has neither paid nor promised any person, firm or corporaticin any discount. rebate. commission or retund for the purpose of securing thib ndvertisemeiit for piililic:ation in the said newspaper ; Is ,. , ... I . ;-.' . '_.I .. . .. ? . - ;,. . ., . -- I \J THE PhM BEACH POST Published Daily and Sunday \Vest Palm Bench, Palm Reach County, Florida STATE OF FL.Ol1Il)A COlrNTY OF PALM REACH Hefore the undersigned authority persoually nppeared Chris Bull ‘I’he Palm Reach Post, who on oath sags that hhe/he isclass ’ Salefigrl-of a daily and Sunday newspaper published at \Vest Pahi BeacGn Pal111 Fleach (‘ountv. Florida: that the attached copy of advert.ising. heing a - Notice ~~ in the matter 111 public hearing the issues 01 April 22, 1992 Affiant further says that the said The Post is a newqpaper published at \Vest Palm Beach. in said Palin Beach County. Florida. and that the said newspaper has heretofore been continuously published in baid Palm Beach County. Florida. dtiily and Sunday and has been entered ab second class mail matter at thr post office in \Yes1 Palm Beach. III said Palm Beach County. Florida, lor a period of one year next preceding the Iir+t publication of the attached copy of advcrtisernent; and allinni further says rhai slieihe has neither paid nor promised any person, firm or cnrporatirm any discount. rebate. ct)mmission or refund for the purpose of securing this c\dvertlsemeilt lor puhlicetlon in the said newspapcr --- In the Court. was published in said newspaper in - , - . . . . -.,I * .. . . , :*: . ,., .. . .._ . , . . I i i I I i I v v CITY OF PALM BEACH GARDENS 1oxx) N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3341@4698 (407) 7758200 May 11, 1992 Ms. Audrey Wolfe, Director Facilities Planning, Design and Construction Four Points Center, Suite 21 1 50 South Military Trail West Palm Beach, FL 33415 Dear Ms. Wolfe: Please find enclosed a corrected copy of Ordinance 13, 1992. In Section 2 (A) (l), the date of March 18, 1992 was incorrect and the ordinance now reflects the correct date of April 28, 1992. Should you have any questions, please feel free to contact me at 775-8252. Sincerely, f Exa M. Rief Acting Deputy City Clerk /emr Enclosure -. , . L u CITY CaF PALM BEliCH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 334104698 (407) 7758200 May 11, 1992 Mr. Hank Skowkowski Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, FL 33409-6582 Dear Mr. Skowkowski: Enclosed please find a copy of Ordinance 13, 1992, which was approved by the City Council at its regular meeting on May 7, 1992. Sincerely, - Administrative Secretary Enclosure: as stated a. I) L u CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL ' PALM BEACH GARDENS. FLORIDA 33410-4698 (407) 7758200 a May 8, 1992 Ms. Audrey wolfe, Director FaCilItieS Planning, Design and Construction Four Points Center, Suite 211 50 South Military Trail West Palm Beach, Florida 33415 Dear Ms. Wolf€?: Enclosed please find a copy of Ordinance 13, 1992, which was approved by the City Council at its regular meeting on May 1, 1992. Sincerely, Jac k ie G. Holloman Administrative Secretary ~.Lhf~6-w--- Enclosure: as stated ORDINANCE 18, 1995 9/7/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARCENS, FLORIDA, REZONING A 33.7 ACRE SITE FROM P/I, PUBLIC INSTITUTIONAL, IN PART, PUD, PLANNED UNIT DEVELOPMENT, IN PART, AND PDA, PLANNED DEVELOPMENT AREA, IN PART, TO PCD, PLANNED COMMUNITY DISTRICT. WHEREAS, the City of Palm Beach Gardens received a petition to rezone a 33.7 acre site; and WHEREAS, the City’s Planning and Zoning Department staff has reviewed said petition for sufficiency and has determined it to be sufficient; and WHEREAS, the zoning petition is consistent with the City‘s Comprehensive Land Use Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of Palm Beach Gardens, Florida, hereby approves the rezoning of a 33.7 acre site from P/I, Public Institutional, in part, PUD, Planned Unit Development, in part, and PDA, Planned Development Area, in part, to PCD, Planned Community District. said property is located, in general, south of PGA Boulevard, west of Campus Drive, east of Fairchild Gardens Avenue and north of the Fairchild Avenue extension. The legal description for the 33.7 acre site is attached hereto as Exhibit IlAII . SECTION 2. Said rezoning is approved based on the following conditions: 1. Palm Beach County shall provide legal documentation allowing the use of the access easement between Toys-R-Us and the existing DMV facility prior to the Site Plan approval for the proposed DMV Building on Parcel 5. 2. 3. 4. 5. 6. 7. 8. 9. The developer shall return for subsequent site plan approval for the development of each parcel. Any amendments to the approved phasing plan shall require review and approval by the City Council. Amendments to the phasing plan shall not include any change of uses. The required landscape buffers along Campus Drive and PGA Boulevard, i-ncluding adjacent to the existing Department of Motor Vehicle parcel, shall be installed prior to the issuance of the first Certificate of Occupancy for the Courthouse/Administrative building expansion. The existing 1,500 square-foot motor pool building and the communication towner shall be removed from the site prior to the issuance of the first Certificate of Occupancy for the Courthouse/Administration building expansion. Redevelopment of uses other than passive parks on Parcels 3 and 6 shall require an anendment to the Planned Community District. The irrigation system shall have a rain sensor and the sprinkler risers shall be installed so to not spray into the road. The wellwater, if necessary, will be treated to prevent staining of plants or sidewalks. The acceptance of the completion of the improvements for Fairchild Avenue by the City shall have been accomplished prior to the issuance of the first building permit for the project. The final Construction Plans shall need to show that the existing utilities are of sufficient depth so as not to interfere with the dry retention area, or that provision is made to connect the separated components (due to a shallow utility) so that the entire dry retention area has a bleed down capacity. 10. The provision for water quality treatment of the runoff from the existing parking lot serving the North County Courthouse shall be accomplished by exfiltration trench. 11. The chemical treatment used to remove the iron within the Planned Community District shall be a solvent. SECTION 3. The project shall be developed in accordance with the approved phasing plan and shall be completed prior to December 31, 1997. SECTION 4. Said construction shall be in accordance with the ~~ following plans on file in the City's Planning and Zoning Department: 1. 2. 3. 4. 5. 6. 7. August 31, 1995 Master Site Plan by Palm Beach County Facilities Planning, Design & Construction Capital Improvements Division. 1 Sheet. June 26, 1995 Phasing Plan by Palm Beach County Facilities Planning, Design & Construction Capital Improvements Division. 1 Sheet. April 18, 1995 Master Drainage Plan by DiFonte & Thomas, Inc. 1 Sheet. April 18, 1995 Master Water & Sewer Plan by DiFonte & Thomas, Inc. 1 Sheet. April 18, 1995 Conceptual Landscape Buffer Plans by Neal, smith & Associates. 2 Sheets. April 18, 1995 Vegetation Assessment Plan by Palm Beach County Engineering and Public Works. 1 Sheet. January 4, 1993 Picnic Table Plan by DuMor, Inc. 1 Sheet. I. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS tj?,( DAY OF PLACED ON SECOND READING THIS77 DAY OF Ll&*Uu:’,i! LhLLrlh , 1995. , 1995. PASSED AND AD~PTE~~HIS -574 DAY OF /~t~~u~.j , 1995. /,>* ,’, /r; CC~CILMEMBER- LINDA MONROE VfCE MAYOR LAUREN FURTADO ATTEST : LINDA V. XOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL AND LEGAL SUFFICIENCY BY OMAS AS J. BA~ ~T~R~EY AYE NAY ABSENT -- VOTE : / --- MAYOR RUSSO VICE MkYOR FURTADO ;r- - COUNCILWOMAN MONROE J- - COUNCILMAN JABLIN --- w- COUNCILMAN CLARK --- J DESCRIPTlOrl MID DEDICATlOrl KNOW ALL hlErJ BY THESE PRESEtJrS TFlAT THE BOARD OF COIJNTY COhlMISSIOt-JERS CF PALhl BEACtl COIJIJ'TY, k POLITICAL SUBDlVlSlOIJ OF THE STATE OF FLORIDA, OIlJERS OF THE LAND SHOWN HEREON, BEING IN SECTION 6, TOWNSHIP 42 SOUTH, RNJGE 43 EAST, CITY OF PALM BEACH G4?0ENS, COUNTY OF PALM BEACH, FLORIDA. SHOWIJ HERE011 AS PLAT OF PIORTH COlJNTY GOVERNhlENT CEtJTER BEING IJORF. P/RTICIILARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORtIER OF THE SOUTHEAST OUNTER OF SAD SECTION 6: THENCE rJ 88' 45'08" W, ALONG THE NORTH LlrJE OF SND SOUTHEAST QUkRTER WJD THE CENTER LINE OF P.G.A.BOULEVMID TO THE EAST LINE OF THE WEST HkLF OF THE NORTHEAST QUARTER (NE 5/41 OF THE SOUTHEAST QUARTER (SE ';q) OF SND SECTION 6, 664.16 FEET: THENCE S 1'25'51" W, ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD, 72.00 FEET, MID THE P_!r?,T,_4F...BE.GLr~~~,G: THENCE COFlllNUE S 1' 25'51" W, LiS4.05 FEET TO ItIE (t1E I/'*) OF TIIE SOUrtlEkST CUkRTER (SE ',',I OF SAID 5ECTION b: THENCE El 88'42'25" W, ALONG SAID SO:JIH CI'JE, 70.0 FEET TO THE WEST RIGHT-OF- SOUTH LINE OF rtcE NOR[HWEST OUARTEH (NW V4) OF rtiE rioRTiiv+sr QUARTER WAY LINE OF CkhlPUS WAY PS RECOR'JED IN OFFICIAI. RECOI7D BOOK 2959 Ar PAGE 202 OF THE PUBLIC: RECORDS OF PALM BEACH COIJNTY, rl.ORlDk: TO THE SOUTH WE OF THE rlORTH HktF (!I !ti) OF THE SOljTIlEMT QUARTER THENCE S 1' 25'51" W, ACONb TI-IE 'NESI RIGHT-OF-h"Y LlflE OF LAMPUS WAY (SE '/d) OF SWU SECTION 6, I* DISTAh!LE OF 666.00 FEET: TtIEbICE N 89'39'42" W, ALONG SWD SOUTH LINE, 1379.53 rw: rHmJC;F PI I* I':w* E, CLO'K IIIE EAsr LIVE OF AN 80.0 FOOT ROADWAY IX.SCRIBEU IF1 0FFIC.IAL RELOHU BOOK 5478 AT PAGE 146, OF THE PUBLIC RECOIIUS OF SAD P/kM BEk(;ll ';GUII1Y TO THE NORTH LIME OF SAID ROAD\%'A~, 80.0 FEEl: TIiE9JC;E N 88' 39'42" W, KONG SAJD NORIH LIME, 14.82 FEET: l'IiEi4LE FI I* 26'52" E, 68Y.:'9 FEET: THENCE S 88'45'05" E, TO THE 'NEST LINE OF THE EAST 400 FEtl OF THE WEST HALF ('8 $21 OF 6, A DISTANCE OF 400.0 FEET: TIlEblCE S 1' 26'52" VI, ALONG SAJU WEST LINE TO THE SOUTH LINE OF THE FJORTH 152.40 FEET OF THE SOIJTH HALF THE SOUTHEASI GUPRTER (SE ',!4) OF SWD SECTION ' ) OF THE NORTllEkST QUARrER (NE I/,) OF THE SOlJTt-iEkSl QU/\RTER EEP 4) OF SAJD SECTION 6. h DISTAKE OF 261.51 FEE[: THENCE S 88' 12'25" E, ALONG SND LINE ro THE EAST LINE OF THE WEST 1.w (v; :t2) OF THE SOUTHEAST QUARTER (SE '/.I) OF SAID SEC rlOt; 6, A DIS IANCE Cllr 400.00 FEET; THENCE N 1' 26'52" E, ALONG SAID EkS1 LIIdE 10 Tl1E SOUTIi RIGtlT-OF-WAY OF ' P.G.A. BOULEVARD, '745.83 FEET: IIRXE S R8'45'08" E, ALONG SWD SOUTH RIGHT-OF-WAY LINE 10 THE --. POlNr -- -. OF . BEGIN~AiJG~, ._I _. _- 66.1.IY FEET, October 6,1995 Ms. Audrey Wolf, Director Facilities Department 3323 Belvedere Road, Building 503 West Palm Beach. Florida 33406 Dear Ms. Wolf: Enclosed please find a copy of Ordinance 18, 1995, rezoning a 33.7 acre site from P/I, Public Institutional, in part, PUD, Planned Unite Development, in part, and PDA, Planned Development area, in part, to PCD, Planned Community District. Ordinance 18, 1995 was passed and adopted by the City Council at their Regular Meeting of October 5.1995. Sincerely, Cindy &cy Deputy City Clerk E~C~OSLUC - As Stated THE PALM BEACH POST Publishcd Daily and Sunday West Palm Beach, Palm Beach County. Flonda PROOF OF PUBLICATION STATE OF FLORIDA COUNn OF PALM BEACH who on oath says that she/he is 'lass Id' 'IGr ofThe Palm Beach Post. a daily and Sunday newspaper published at West Palm Beach in Palm Beach County. Flonda: that the attached copy of advertising. being a - Not Ice In the matter of m the the ~~sues of Before the underslgnetl authonty ersonali appeared Chris Bull -- - Ord. 18, 1995 --- Court, was published in said newspaper in - - r - --..- -- Centnmhor ZQ, 1995 Amant furthersays !hat the said The Post Is a newspaper published at \Veqt I'alnl Beat:h. in said Palm Beach County. Flonda. and that tlie sard nrwspaper has heretofore bcen contmuouslypublishcd irisald Palm Beach Count). Florida, daily and Sundayand has been enteredassecondclassnad matterattliepostofficeiilU'estI'alm Beach, 111 said PalmRwch County. Flonda. for a prnod of one year next prccedlng the first publication of the attactled copy of advertisement: and diant further says that shc/lle has neither paid nor promised any person, firm or corporation any discount. rebate. commission or refund for the purpose of secunng this advertisement for publication in the salgqewspaper I - Type of ldentlfication Produced ORDINANCE 53,1997 AN ORDINANCE 017 THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTION 3 ORDINANCE 18, 1995, IN ORDER TO ALLOW FOR A TIME EXTENSION, OF TWO YEARS TO COMPLETE THE DEVELOPMENT OF THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of thc City of Palm Beach Gardens approved the North County Government Center Planned Community Development by Ordinance 18, 1995, WHEREAS, the City has rece~ved a petition to amend Ordinance 18, 1995, to allow for a fbrther time extension of two years to complete the development, WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient, and WHEREAS, the proposed aniendinent is consistent with the City's Comprehensive Plan NOW, THEREFORE, BE IT ORDATNED RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA Section 1 Sectton 3 of Ordinance 18, 1995, which approved the North County Government Center Planned Community Development, is hereby arnended, as follows "The project shall be developed in accordance with the approved phasing plan and shall be completed prior to December -3 1,1999 1997 " Section 2 This Ordinance shall be ef€ective upon adoption -4YL I PLACED ON FIRST READING THIS $ ' OF PASSED AN0'"~OP'PED THIS .;'%DAY OF &'I- I:L :&L t- ,1997 f' '5 1 'c l':!'~: t ' , 1997 PLACED ON SECO,~ READING THIS$+-OF ,&A- il '- . 1997 ' _-- . .. *C I - - r >. ._ COUNCILWOMAN LINDA MONROE / - -.. . - , ' ..:- LL- '.. -_ %.. I. COUNCILMAN ERIC JABLIT4 / VICE MAYOR LAUREN FURTAD0 v COLXCILMAN DAVID CLARK ATTEST LINDA V KOSIER,CMC,CITY CLERK VOTE AYE NAY MAYOR RUSSO - VICE MAYOR FURTADO -_I f’ - COUNCILWOMAN MONROE - COUNCILMAN CLARK _*-- V -- c /’ - COUNCl LMAN JABLIN G \Short RangeMIS9722 OR 0 APPROVED AS TO LEGAL FORM AND SUFFICIENCY iZB SENT J CITY OF PALM BEACH GARDENS 1- N MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410.4698 January 26,1998 Ms. Audrey Wolfe PBC Facilities Planning & Design Co. 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 Dear Ms. Wolfe: Enclosed is a copy of Ordinance 53, 1997, providing for an amendment of Section 3, Ordinance 18, 1995, in order to allow for a time extension of two years to complete the development of the North County Government Center PCD. Ordinance 53, 1997 was passed and adopted by the City Council at the Regular Meeting on December 4, 1997. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: As Stated THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Pahn Beach County, Florida hearlnp. wuch mtermsted par- wn w111 need a record of th. Proce.dlnos. mnd tor .ucb pur- Po-* may mad lo wswe * rerbatlm record of the prw ceedlnga 1s made. whlm re. cord Includes the testimony end avldence upon whrch the ewaal I8 to be based LINDA V KOSIER. CMC CITY CLERK PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull who on oath says that she is Classified Advertising Manager of The Palm Beach Post. a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida, that the attached copy of advertising, being a Notice in the matter of Public Hearing Ordlnance 53. 1997 111 the - - - Court. was published m said newspaper in the issues of November 19, 1997. Affiant further says that the said The Post is a newspaper published at West Palm Beach. m said Palm Beach County. Florida, and that t thc sald newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palni Beach, in said Palm Beach County, Flonda, for a penod of one year next precedtng the first publicatlon of the attached copy of advertisement. and affiant further says that shehe has neither paid nor promised any person, firm or corporatlon any discount rebate. commission or refund for the purpose of securrng this -. . advertisement for publication in the said newspaper. .- Sworn to and subscnbed before me this 2 day of November - A D 1997 Personally known XX or Produced Identification Type of Identification Produced 0 ? 'c e ORDINANCE 54,1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORTDA, PROVIDING FOR AN AMENDMENT OF SECTIONS 2 AND 4 OF ORDINANCE 18, 1995, IN ORDER TO ALLOW AN INCREASE IN THE SQUARE FOOTAGE OF THE NORTH COUNTY COURTHOUSE BUILDING AND TO ALLOW AN INCREASE IN OVERALL SIZE OF TWO PARCELS OF LAND WITHIN THJ3 NORTH COUNTY GOVERNIIIENT CENTERPLANNED COMMUNITY DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the North County Government Center Planned Community Development by Ordinance 18, 1995; WHEREAS, the City has received a petition to amend Ordinance 18, 1995, to increase the allowable building square footage for the North County Courthouse Building in parcel one (1) and to increase the overall size of parcels five (5) and six (6); WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient; and WHEREAS, the proposed amendment is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1, Condition 10 of Section 2 of Ordinance 18, 1995, which approved the North County Government Center Planned Community Development, is hereby amended, and new Conditions 12, 13 and 14 are hereby added to Section 2 of Ordinance 18, 1995, as follows (added text underlined; deleted text %iick): 10. The provision for water quality treatment of the runoff from the existing parking lot serving the North County Courthouse shall be accomplished by exfiltration trench and dry retention. 12. The following traffic related conditions shall be completed prior to issuance of a Certificate of Occupancy: 13. 14. PGA Boulevard/Campus Drive a. Extend the eastbound tight turn lane storage length to 470 feet, b. Construct a separate northbound right turn lane with 340 feet of storage. RCA Boulevard/CampW Drive a. Extend the southbound right turn lane storage length to 280 feet. b. Extend the southbound left turn lane storage length to 280 feet. c. Extend the westbound ,right turn lane storage length to 280 feet. d. Extend the eastbound left turn lane storage length to 280 feet. Prior to the issuance of the first Building Permit. the petitioner shall apply for and obtain a Standard District Permit from the Northern Palm Beach County Improvement District. Prior to the issuance of the first Building Permit, the petitioner shall provide evidence. in a form satisfactory to the City Engineer. that the right-of-way for the required northbound right turn lane. with sufficient stacking distance. at the Campus Drive and PGA Boulevard intersection has been obtained. Section 2, Plan #I of Section 4 of Ordinance 18. 1995, is hereby amended, and new Plan # 8 is hereby added to Section 4 of Ordinance 18, 1095, as follows (added text underlined; deleted text s*ick): 1. November 17. 1997 PCD Mastcr Plan and Phasing Plan. Schwabb. Twitty and Hanser Architectural Group. sheets msl-ms2 August 3 1, 1335, Muster Sitc Plan by Palm Ucnch County Facilities Planning, Dcsign and Constniction Capital Improvcmcnta Division, 1 Shcct. 8. Associates. Sheets C-4 through C-14 October 24. 1997 Construction Plcms for Campus Drive Improvements. Keshavarz and Section 3, This Resolution shall be effective upon adoption. PLACED ON FIRST READING THIS Z&F LflL’&m ,1997. v#WP A#,&??& . 1997. DAY OF DECEMBER 1997. --- -_ ._ ___. --- .=-4. CC~GNCLWOMA~ LINDA MONROE VICE MAYOR LAUREN FURTADO .. b t 1 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. ATTEST: LINDA V. KOSIER,CMC,CITY CLEK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK \eat 5 ,' CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL * PALM BEACH GARDENS. RORIDA 334104698 December 8. 1997 Ms. Audrey Wolfe PBC Facilities Planning, Design & Co. 3323 Belvedere Road, Building #503 West Palm Beach, Florida 33406 Dear Ms. Wolfe: Enciosed is a copy of Ordinance 54, 1997, providing for an amendment of Section 2 and 4 of Ordinance 18, 1995, in order to allow an increase in the square footage of the North County - Courthouse Building and to allow an increase in overall size ofbvo parcels of land within the North county Government Center PCD. Ordinance 54, 1997 was adopted and approved by the City Council at the Regular Meeting on December 4, 1997. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: As Stated I 0 BUlLDlNQ AN0 TO ALLOW AN YCREASE IN THE OVERALL IZE OF TWO PARCELS OF ~ND WITHIN THE NORTH :oUNTY GOVERNMENT CEN- 'ER PLANNED COMMUNlT* )EvELOPHENT, PROVlDlNG 'OR CONDITIONS OF AP- qlOVAL AND PROMDING :OR AN'EFFEC~VE DATE 411 member8 of the publnc 01. oguesled to attend nnd Par- iclpate In rald meatlng 9rld ,ropored Ordlnance may be n8QOCtOd by members Of the Lubllc in the Olfleo Of th. CIIY Clerk located a! Ih* Munlclpal Complex Budding durng ranu- Ier burlnew hours. Monday IhiOUQh Frlday. 800 am - 6 30 p m ,except lor holldeY. PLEASE TAKE NOTICE AND e8I.d p4rson deBlreS to aP peal my dectslon made by the any &!Mered at W. hsanng such mtrrsrtsd per son wlti need a record of th. proceedlngs. end lor such pur- pose may need to ensure I] verbetlm record of the PIC- ceedlnp Is made. whlch re- cord Include8 tnr ~esumony and bvldbnce upon whlch the appeal IS to be baled LINDA V KOSIER, CMC CITY CLERK BE ADVISED, that I! my enter- uty COV~CII rim rwwt to THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County. Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Chris Bull who on oath says that she is Classified Advertising Manager of The Palm Bcttch Post. a daily and Sunday newspaper published at West Palm Beach in Palm Beach County. Florida. that the attached copy of advertising. being a Notice in the matter of Public Hearing Ordinance 54, 1997 111 the - - - Court, was published m said newspaper in the issues ofh'ovember 19, 1997. Affiant furlher says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that t the said newspaper k,as heretofore been cont~nuously published in said Palm Beach County, Florida, dally and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in sald Palm Beach County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement. and affiant further says that shehe has neither paid nor promlsed any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this .I advertisement for publication in the said newspaper . IC Sworn to and subscribed before. me this 19 day of Nqveinber AD. 1997 Personally known XX or Produced Identification Type of Identification Prxced a RESOLUTION1 4,3997 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A 72,000 SQUARE FOOT ADDITION TO THE NORTH COUNTY COURTHOUSE AND A 3.2 ACRE PASSIVE PARK ON PARCELS 1 AND 6 OF THE NORTH COUNTY GOVERNMENT CENTER PLANNED COMMUNITY DEVELOPMENT: PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDTNG FOR AN EFFECTNE DATE. WHEREAS, the City has received an application to approve a Site Plan for a 72,000 square foot addition to the North County Courthouse and a 3 2 acre passive park on parcels 1 and 6 of the North County Government Center Planned Communlty Development, and WKEREAS. The City’s Growth Management Department has determined that approval of sad application IS consistent with the City’s Comprehensive Plan NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS. FLORIDA Section I The City Council of the City of Palm Beach Gardens, Florida, approves a site a plan for the construction of a 72,000 square foot addition to the North County Courthouse and a 3 2 acre passive park on parcels 1 and 6 of the North County Government Center Planned Community Development Section 2 Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows 1 2 3 4 (1) a November 20, 1997 Phased Site Plan, Schwabb, Twtty and Hanser Architects, Sheets A1 0 1 throughA1 3 2 Nobember 20, 1997 Landscape Plan, Schwabb, Twitty and Hanser Architects, Sheets L- through L-5 September S, 1997 Architectural Elevations, Schwabb, Twitty and Hanser Architects, Sheet A3 October 12. 1997 Site Details, Schwabb, Twitty and Hanser Architects, Sheet A 1 0 2 Section 3 Said site plan approval shall comply with the following conditions All associated landscaping along Campus Drive adjacent to the North County Government b 4 __ b i J a Center Site Plan shall be installed and maintained in conjunction with the completion of said site plan and prior to the issuance of the a Certificate of Occupancy The petitioner shall pay one-half (%) of the continuous maintenance cost for 250 lineal feet of the landscaped median of PGA Boulevard The petitioner shall connect the passive park sidewalk system to the hture Palm Beach County Drive sidewalk at the time when the hture P B C Drive is constructed The petitioner shall erect two (2) passive park signs. no larger than 30" by 36", advising the pubhc of the park's hours and use The park shall not be open to the public after dark The applicant shall submit for staff review and approval a Photometnc Lighting Plan for Parcel I. Phase 1, 2, and 3 that provides the minimum illumination levels for the proposed drive aisles and parking areas as required by LDR Section 1 18-474(4) pnor to Construction Plan approval All notes. signage, turnout radii, dimensions and pavement markings that are shown on the Master Plan. Sheet AIms, plotted November 20, 1997 shall be consistent wth all phases of the site plan Section 4 This Resolution shall be effective upon adoption PLACED ON FIRST READING THIS THE PASSED AND ADOPTED THIS THE / PLACED ON SECOND READING THIS 0 ATTEST LlNDAV KOSER VED AS TO LEGAL FORM AND VOTE MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MON ROE COUNCILMAN JABLTN COUNCILMAN CLARK AB SENT - - CITY OF PALM BEACH GARDENS 10% N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3341G4698 December 19,1997 Ms. Audrey Wolfe PBC Facilities Planning, Design & Co. 3323 Belvedere Road, Building #503 West Palm Beach, Florida 33406 Dear Ms. Wolfe: Enclosed is a copy of Resolution 147, 1997, providing for approval of a site plan for the construction of a 72,000 square foot addition to the North County Courthouse and a 3.2 acre passive park on Parcels 1 and 6 of the North County Government Center PCD. Resolution 147, 1997 was approved by the City Council at the Regular Meeting on December 18, 1997. Sincerely, Cindy Harvey Deputy City Clerk Enclosure: As Stated 1, I \ 1 --". I-I I 'I 2 /-a . . _.. .. .. No& County Government Center U n Is No& County Government Center 2n :I- C) C Pb tii 91 f P -I=- I h- -r I xu1 id d L .- 'I E 'I i 3 u) I- Z L3 W 8 8 rY a W 03 3 w > WAOUddV NVld 311s 3 7 t' A Z W U 1 n 1 1 -. I I I I I I .- !?? I i> r I I I -- ._ ._.I- u) I- Z 'I El I I L a I I i 4 i c k L r- /H I 11 , CAPITAL IMPROVEMENTS DIVISION west palm beach, flonda (561) 233-0200 GOVERNMENT CENTER --I I xm 4 4 'FI r z 4 VI I I I c VI > 80 s5 P 5 "R e 22 a z 0 "+ w I c a b I P\05001 North R~IoMI Lkm@ CURENT MuWINGn05001 A-1.01.6Vp. 11/8/2007 SR25 PM, DwF6 M0t.N n r 3 - L 10'-4" *- P\OMol &h RegImd Ubralyw CUREKl DRAWlNGnOMOl A-l.OIAdy), 11/8/2007 SWM PH, DWF6 eW@ 1 cn 8 %i F - Z v) 3 E 1 i /- / I \ II \ I Z& fZ ij n / E Ib E E ir B , 1 1 t I f '1 ON DOCUMENTT ,- P\m1 North mid Ubnry\A CURENT WUWINGS\0501 A-S.W.6Vp. 11/8/2007 6M:W PM, DwF6 ePld.Fd 1' 100% CONSTRUCTION DOCUMENT! ~ ~~ ~~ 2 6 rn W 21 -3' I I I I I ! ' i 111 5 F T 5 B I v) -i L J N .I I I I '3 mi &= 0 A rn 73 D < - z 0 D Z 0 0 7J D Z D 0 m - 0 m -4 D - r m D D < - Z 0 D Z 0 0 7J D Z D 0 m - -0 D Z r D r D z r 0 I I I -_ I I' I! I I - m YN - m 0 m v) 4 W * z 0 n C c * s 0 C w z 0 (0 + 111 n 0 4 w C n + 0 z 0 1; ORIWN 8" ENGINEERS . DNELOPUEYT CONSULTANTS . PLANNERS TEL (561) 968-0080 FAX. (561) 612-9726 NORTH COUNTY REGIONAL LIBRARY M A M I &":';om FIEDERIEI I1OTY. CI ?.E FLOIIO. IEmITI1.TIOU ,,11.,1 .9IOC,.TEI. IWC PAVING AND DRAINAGE PLAN 18% HILL BLVD.. WFSr PALM BEACH. FLORIDA 33406 ...I. o I" m - 7 r j B t I D Z 0 D V D z U I 9 z 0 E LA.- 73 cn o m -i tr :D "- W m a u. - m I Y.. - x ex G .- -- ' MTCHAEL B. SCHORAH & ASSOCIATES, INC. EEb 2458 Tu. (sei) BBB-W~O FAX (561) 642-9726 1By) FOREST HlLL BLW.. WEST PALM BEACH. FLORIDA a406 ENGINEERS . DEVELOPMENT CONSULTANTS PUNNERS PAVING AND DRAINAGE DETAILS 4 iZ'-O' 5'-0' I---- -i Lwoec- ? Z m i W D W ii Z 0 v, -I D 6r - -r E I 6 -0. I 0 C 5 cn -I m ;D m z 0 r 0 cn C W m T ;D 0 z -4 m r- m < :D :-I r- "2 1 IO'... I I I IL ? 0 0 c ;D W I nw w\, VARIES m x m XI 9 0 ii m r- m < 9 -I iz Ilu 71; m XJ 9 0 7i m r m < D CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum [ ] Legislative [ XI Public Hearing Date Prepared: January 09,2008 Meeting Date: February 12,2008 PUDA-07-11-000013 Fees paid [Yes] Subiect/Agenda Item: PUDA-07-11-000013: Donald Ross Village PUD - Elimination of Conditions Related to Shared Parking Public Hearing & Recommendation to City Council: A request by Marty Minor, agent for Donald Ross/Military, L.C., for approval of an amendment to the development order of the Donald Ross Village Planned Unit Development (PUD) to delete Conditions #50 through #53 of Resolution 7, 2007, to remove all requirements associated with shared parking. 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 City Attorney Christine Tatum Development Bahareh Keshavarz-Wolfs, AICP Growth anageinent Admini w .ator: I Kara L: Irwin, AICP Approved By: City Manager Ronald M. Ferris Originating Dept.: Growth Management: Manager Richard J. Marrero Senior Planner [ XI Quasi -Judicial Finance: Senior Accountant: Advertised: Paper: Palm Beach Post Date: February 1,2007 [XI Required [ ] Not Required [XI Notified [ 3 Not Required Funding Source: [ 3 Operating [XI Other3 Budget Acct.#: N/A PZAB Action: [ J Approved [ 3 App. w/ conditions [ 3 Denied [ 3 Rec. Approval [ 3 Rec. app. wkonds. [ 3 Rec. Denial [ J Continued to:- Attachments: Resolution 7,2007 Project Narrative Reduced Plans McMahon Memo I , Date Prepared: January 9, 2008 Meeting Date: February 12,2008 Petition PUDA-O7-I1-000013 Page 2 of 5 EXECUTIVE SUMMARY The site plan approved by the City Council for the Donald Ross Village PUD utilized the shared parking provisions established in the City’s Land Development Regulations (LDRs). These provisions allow a reduction in the overall parking requirements of a mixed-use project through the use of a shared parking formula that is based on the peak-hour parking demand for each individual use. As a result of the use of shared parking, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. Through a previously approved administrative amendment to the PUD, the applicant has reduced the amount of proposed office and retail uses and introduced a bank instead of the previously approved restaurant to be located on out parcel “D” (please see attached siteplan). As aresult of the reduction in square footage, the currently approved site plan provides more than the parking required pursuant to the City’s LDRs without the utilization of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply. The applicant has requested to delete Conditions #50 through #53 of the approved development order in order to remove all conditions associated with shared parking. BACKGROUND On April 10,2003, the City Council adopted Ordinance 53,2002, which approved the development order for Donald Ross Village Mixed-Use (MXD) 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 ofprofessional 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 ofrestaurant space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use, and 156 multi- family dwelling units. 0 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 of upland preserve. 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. The parcel is located off of the Beeline Highway, approximately 1.25 miles northwest of PGA Boulevard. 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 %foot wide lake easement along the north end of the Date Prepared: January 9,2008 Meeting Date: February 12,2008 Petition PUDA-O’I-I1-000013 Page 3 of 5 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 MXD PUD for phase II 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, the City Council adopted Resolution 7,2006, which approved the Art in Public Places (AIPP) for the subject site (approximately thirty pieces). The majority of the public art for the project, excluding the hotel site, has been installed. On June 21,2007, the City Council adopted Resolution 7,2007, which approved an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and approved a waiver to allow one additional flat/wall sign for each tenant located in buildings A, B, C, D, I, J, and K within the PUD. PROPOSED AMENDMENT Deletion of conditions of approval numbers 50 through 53. 58. Date Prepared: January 9,2008 Meeting Date: February 12,2008 Petition PUDA-07-11-000013 Page 4 of 5 DISCUSSION Due to the administratively approved reduction of the total square footage on site and the introduction of new uses that require less parking, the parking requirements for the site can now be accommodated without utilizing shared parking. Specifically, the applicant was originally approved for 9,000 square feet of general office uses; 18,387 square feet ormedical ohe uses; 86,609 square feet of commercial uses (retail, bank, gas/convenience store, and fitness center); 13,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a %-room hotel. Pursuant to Section 78-345 of the City Code, entitled “Number of parking spaces required,” the previously approved uses required 8 19 parking spaces. However, the applicant was approved by the City Council to utilize shared parking, pursuant to Section 78-346 of the City Code. Based upon the shared parking calculations, the applicant was only required to provide a minimum of 665 spaces. The approved site plan provides 768 parking spaces. Since shared parking was utilized, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. The applicant administratively amended the site plan to reduce the total square footage of certain uses on site and introduce a bank in-lieu of the previously approved restaurant on out parcel “D”, resulting in 91,696 square feet of commercial uses; 9,000 square feet of general office uses; 18,587 square feet of medical office uses; 5,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a %-room hotel. As a result, the reduced square footage and the new uses do not require as much parking as the previously approved uses. Specifically, the revised mix of uses requires 745 parking spaces. The applicant proposes to provide 770 parking spaces on site; therefore, there is no longer any need for the applicant to utilize the shared parking provisions of the City Code, and thus no need to require an annual parking study to verify the adequacy of the shared parking and a surety bond to implement more parking, if warranted. Date Prepared: January 9,2008 Meeting Date: February 12,2008 Petition PUDA-07-I I -OOOO 13 Page 5 of 5 STAFF RECOMMENDATION Based upon staffs review of the previous and current approved uses and the parking provided on the site plan, staff has determined the parking requirements for the revised mix of uses will be met on site without the use of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply and are not necessary. Staff does not object to the proposed deletion of these conditions. Staff recommends APPROVAL of Petition PUDA-07-11-000013. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A RESOLUTION OF ' BEACH GARDENS, VILLAGE PLANNED INCREASE IN THE RESOLUTION 7,2007 THE CITY COUNCIL OF THE CITY OF PALM FLORIDA AMENDING THE DONALD ROSS UNIT DEVELOPMENT (PUD) TO ALLOW AN SIZE OF THE SIGNAGE ON THE WEST ELEVATION OF THE HOTEL FROM 36 SQUARE FEET TO 53 SQUARE FEET (BUILDING H) AND APPROVING A WAIVER FROM ADDITIONAL FLATlWALL SIGN FOR EACH TENANT LOCATED IN BUILDINGS A, B, C, D, I, J, AND K WITHIN THE DONALD ROSS VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. SECTION 78-285, CODE OF ORDINANCES, TO ALLOW FOR ONE WHEREAS, on April 10, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a planned unit development (PUD), consisting of 256 multi-family residential units, a 93-rOOm hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the Applicant was permitted to develop contingent upon off-site mitigation being provided within the City limits; and WHEREAS, on July 1, 2004, the City Council approved the transference of the rezoning, site plan approval, and the conditions related thereto to a separate Ordinance and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were transferred to Resolution 125, 2004; and WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004, which approved the off-site mitigation parcel and a waiver to reduce the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 1, 2007 Resolution 7, 2007 WHEREAS, 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 on site; and WHEREAS, on November 18, 2004, the City Council adopted Resolution 21 0, 2004, which approved the development of Phase II of the Donald Ross Village PUD consisting of a 93-rOOm hotel, 18,387 square feet of medical office, 13,500 square feet of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP); and WHEREAS, the City has received a request (PUDA-07-02-000004) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., for approval of an amendment to the Donald Ross Village PUD to allow for an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and to allow for one additional flat/wall sign for tenants located in Buildings A, 8, C, D, I, J, and K that have two or more elevations facing a right-of-way or primary entrance; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The development plans for the Donald Ross Village Planned Unit Development as amended by application PUDA-07-02-000004 are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESC R1 PTlON : THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS RECORDED IN PLAT BOOK 98. PAGE 157. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 Dale Prepared: May 1, 2007 Resolution 7. 2007 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 @E 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 3 Date Prepared: May 1,2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 11 12 1. 13 14 15 2. 16 17 18 3. 19 20 21 4. 22 23 24 5. 25 26 27 6. 29 30 7. 31 32 28 . Waiver from City Code Section 78-1 53, Nonresidential zoning district regulations, to allow a five-story hotel building (Building H). Waiver from City Code Section 78-285, Signage, to allow identification signage on the top of the fifth floor western elevation of Building H. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow for 9.5-foot wide parking stalls for the area adjacent to the hotel building. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west elevation of Building H. Waiver from City Code Section 78-285, Signage, to allow for an additional building identification wall sign on Building J. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow encroachments within the lake maintenance easements. 33 34 35 36 8. Waiver from Citv Code Section 78-285, Siqnaae, to allow for one additional flavwall silqn for tenants that have two or more elevations facing a riaht-of-wav or primary entrance, which are located in buildinqs A, B, C, D, I. J, and K. 37 38 39 40 41 42 43 44 45 46 SECTION 4. This Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Build-Out Date 1. Pursuant to the terms of Ordinance 10, 2003, the build-out date for this development is December 31 , 2004. All infrastructure and common-area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning & Zoning) (COMPLETED) 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 nn 6; 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ,42 43 44 Temporarv Trailers 2. Any trailers used on site for construction, security, or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) Temporary Signs 3. The Applicant shall be permitted one 36 square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) Master Sign Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the Applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non- residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning & Zoning) (COMPLETED) ’ Gatewav Sign 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The Applicant shall construct and maintain said entryway sign(s) within 12 months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) (COMPLETED) 5 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 1,2007 Resolution 7. 2007 Future Site Plans for Phase II 6. Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 7849(b)(7) of the Land Development Regulations. A minor change of up to 5% to the approved allocation of uses for the commercial and office buildings shall require administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5%) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) 7. Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED) 8. Future site plans for parcels within Phase II shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street” environment in this location. (Planning & Zoning) (COMPLETED) Art in Public Places 9. The Applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art in Public Places Advisory Board. If the Applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to the issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) (COMPLETED) Riaht-of-Wav Landscapinq IO. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) (COMPLETED) 11. The Applicant, successors, and assigns shall be responsible for their fair share of the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (a/Wa Roadway Beautification Plan). (City Forester) (ONGOING) 6 Date Prepared: May 1, 2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 12. 13. Detailed Landscape Plans referenced in Condition #lO shall be prepared by the Applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this Development Order. (Planning & Zoning) (COMPLETED) Prior to the issuance of the first building permit, the Applicant shall place monies, in an amount equal to 11 0% of the cost of the landscape improvements referenced in Condition #lo, in an escrow account established by the Applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the Applicant and the City Palm Beach Gardens. (Planning & Zoning) (COMPLETED) Environmental 14. 15. 16. 17. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning & Zoning) (COMPLETED) No land alterationlclearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) (COMPLETED) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) (COMPLETED) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) (COMPLETED) Dedications and Imwovements 18. All sidewalks within the parkway easements not located within the road rights-of- way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to the issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) 7 2 3 19. 4 5 6 20. 7 8 9 10 11 12 13 21. 14 15 16 17 18 22. 19 20 21 22 23 24 23. 25 26 27 28 29 30 24. 31 32 33 . 34 35 36 25. 37 38 39 Date Prepared: May 1,2007 Resolution 7, 2007 Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning & Zoning, Police) Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches, and trees having a minimum of %foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning, Police) Prior to the issuance of the first non-residential Certificate of Occupancy, all multi- use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning, Pol i ce) (CO M PL ETED) All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot- candles with 14-fOOt high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning & Zoning, Police) Prior to the issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1, 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning & Zoning, Police) (COMPLETED) Prior to the issuance of the first residential building permit, a CPTED certified police officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike-hardened doors, peep holes, telephone line connection box within the garage, building lighting, and lighted address and building numbers. (Planning & Zoning, Police) (COMPLETED) The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping, (Planning & Zoning, Police) 40 Fire Department 41 42 43 44 45 46 26. Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire) (COMPLETED) 8 Date Prepared: May 1, 2007 Resolulion 7, 2007 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Service Station Liqhting 27. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be 55. (Planning 8, Zoning) Uses Permitted 28. 29. 30. Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Administrator. (Planning & Zoning) Prior to the issuance of each building permit for interior renovations of any non- residential use approved on site, the Applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non-residential uses for approval by the Planning and Zoning Division. The Applicant shall conform to the approved non-residential uses, the thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit “GI” attached hereto and incorporated herein. (Planning & Zoning) (ONGOING) percentages The total square footage allocated for restaurant use shall not exceed 25% of the total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning 8, Zoning) Disc1 osure 31. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 32. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire PUD. (City Attorney, Planning & Zoning) (COMPLETED) 9 .. . 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 1,2007 Resolution 7. 2007 33. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) (COMPLETED) Residential Sicinage. Liqhtinq. and Accessory Buildings 34. By July 9, 2003, the Applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) (COMPLETED) Temporarv Dumpsters 35. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non-residential portion of Phase I, whichever comes first, at which time the dumpsters shall be relocated to the permanent location indicated on the master site plan or as amended with the Phase It site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) Drv-Model Permits Prior to Plattinq 36. The Applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhibit “C.” No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) (COMPLETED) Off-Site Mitigation 37. No land alteration/clearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan. (Planning & Zoning) 38. Should the Applicant pursue off-site mitigation for the upland preserve, said off-site mitigation shall be approved by a separate instrument. (Planning & Zoning) 10 Date Prepared: May 1, 2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a a;: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PHASE I1 Enninee ri nq 39. 40. 41. 42. 43. 44. 45. Prior to the issuance of the first building permit, the Applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (City Engineer) (COMPLETED) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letter dated March 21, 2001. (City Engineer) The Applicant shall post surety prior to the issuance of the building permit for the model homes for the purposes of demolition and lien protection which surety shall remain in effect until the plat is recorded. The amount of the surety shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as exhibited in Exhibit "C", Ordinance 53, 2002. No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineer) Prior to the issuance of the first building permit for any structure, the Applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The Applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed each year prior to the anniversary of the Development Order approval. (City Engineer) (0 N GO I N G) Commencing with the date of approval of this amended Development Order and continuing through substantial completion of construction, the Applicant shall bi- annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the Developme'nt Order. (City Engineer) Six (6) months after the issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy, the Applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date for review and approval by the City Engineer. (City Engineer) (ONGOING) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 11 Date Prepared: May 1, 2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 CPTED 46. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots, multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth Management, Police) 47. Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) 48. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) 49. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already being provided as part of another construction project. (Planning & Zoning) Pa rki nq 50. The Applicant shall submit, at its cost, an annual parking study to determine the 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 51 41 42 43 44 45 46 actual parking demand on site. The observed demand will be compared to the existing parking supply to determine if the provided parking 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 the 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 methodology shall be agreed upon by both the Applicant and 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 Administrator. (City Engineer) (ON GO IN G) 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. The solution may include (1) the construction of a parking garage, so long as the elevations are designed to have the appearance of a building other than a garage that is architecturally consistent with the rest of the site; or (2) other viable alternative means as approved by the City Council. When the on-site parking is determined to be 90% or more occupied, 12 Date Prepared: May 1,2007 Resolution 7.2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a a;: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 38 a E 52. 53. 54. 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 the issuance of any Certificates 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 additional parking spaces referenced in Condition No. 51 as approved by the City Council. The City shall release neither the surety posted by the Applicant for public improvements nor 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 project receives Certificates of Occupancy for 80% of the approved square footage for the subject site. (Planning & Zoning) (ONGOING) Construction of or provision for additional parking spaces by a permanent (perpetual) alternative means for the project shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require all employees to park within the shared parking areas within the Planned Unit Development in order to reserve the parking in Parcel J for hotel guests. The Applicant shall install appropriate signage in the Parcel J parking lot that designates the parking is for hotel guests only. (Planning & Zoning) Sianane and Occupational Licenses 55. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit a tabular breakdown by use of the gross square footage for lease, for approval by the Planning and Zoning Division. The table shall include the approved square footages for the retail/mixed-use buildings, which are designated as Buildings A, 8, I, and J on the master site plan. The Applicant shall include the existing uses that have been issued occupational licenses in order to verify that the requested uses do not exceed the allowances approved for professional office (9,000 square feet), medical ofice (18,387 square feet), retail (45,000 square feet), and restaurant (13,000 indoor dining, 2,400 square feet outdoor dining). (Planning & Zoning) (ON GO I NG) .. 56. 4 The signage on the north elevation is not to exceed 2' X 12'+ nF n4 "I 9' Y, !E'. (Planning & Zoning) 13 Date Prepared: May 1,2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 57. The waiver granted for Building J (medical office) shall be contingent upon the Applicant limiting the size of the additional sign on the east elevation of the building. It shall be smaller in size by 25% than the north elevation sign. (Planning & Zoning) 58. All tenant signage (ground-floor users, excluding principal (single-tenant buildings) tenants) shall be limited to a letter height of not more than (NMT) 24". (Planning & Zoning) 59. Each tenant sign shall be directlv affixed to the elevation of the tenant mace or bay that the sian identifies. No tenant shall be allowed more than one (1) tenant sign on the same elevation. (Planninq & Zoninq) 60. Prior to the issuance of the buildins permit for the sinn on the west elevation of the hotel (Building HI, the Applicant shall submit a landscape plan for the PUDs monument siqns to ensure adequate screening of the rear of the siqns and aesthetic compatibilitv with the site. The submitted landscape plans shall be approved bv the Citv Forester. (Citv Forester) Miscellaneous Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) WE. Prior to the issuance of the first building permit, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 64%. Prior to issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire site. (City Attorney) (COMPLETED) 62s. Striped awnings shall not be permitted within the Planned Unit Development. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets. 2. Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets). 14 Date Prepared: May 1,2007 Resolution 7. 2007 1 3. 2 3 4. 4 5 6 5. 7 8 6. 9 10 7. 11 I2 8. 13 14 9. 15 16 Parking Contingency Plan, Urban Design Studio, 08.1 8.04, 1 sheet. Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1 sheet). Building H, OGS&P, 07.03.03, 1 sheet. Building I, OGS&P, 08.1 1.04, 1 sheet Building K, OGS&P, 04.05.04, 1 sheet. Building J, OGS&P, 04.05.04, 1 sheet. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-1 through L-12 (12 sheets). 17 18 19 20 21 10. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages. 11. Hilton Homewood Suites Sim GraDhic. Kieffer & Co.. Inc., 01 -19.07, 1 sheet. SECTION 6. This approval shall be consistent with all representations made by 22 the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. a23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (The remainder of this page left intentionally blank) 15 Date Prepared: May 1,2007 Resolution 7,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this IJ' day of TUAJJ~ ,2007. CITYOFPALMBE H AR NS FLORIDA 777 ATTEST: BY: ... -4 c..: . ./ Jo&ph R%ttssO, Mayor f BY: fw Pa ricia S ider, CMC,'City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Mst?ih& PrTatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO J-- / VICE MAYOR LEVY --- COUNCILMEMBER JABLIN L-- COUNCILMEMBER VALECHE -- J COUNCILMEMBER BARNETT --- / G:\attorney-share\RESOLUTIONS\donald ross vlg amendment - reso 72007 May1 .doc 16 i urban a PROJECT NARRATIVE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT BUILD OUT DETERMINATION Urban Design APPLICATION November 13,2007 Urban Planning Land Planning Landscape Architecture Request/Location The request, on behalf of Donald RosdMilitary, L.C., is for to eliminate the shared parking analysis for the project and Conditions #50 through #53 of Resolution 210,2004. The request is prompted by the project’s compliance with the City Code parking requirements. The overall site has a zoning designation of Planned Unit Development (PUD) and a Future Land Use Designation of Commercial and Mixed-Use. To the south is the William T. Dwyer Community High School, to the north is the Abacoa Shopping Center, to the east is the Evergrene PCD, and to the west is Legends at the Gardens PUD. History The Donald Ross Village MXD PUD was approved on April 10, 2003, through the adoption Ordinance 53, 2002, for 156 multifamily residential units, a %-room hotel, 9,000 square feet of professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot bank, 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating and 88,987 square feet of retail use. On September 25,2004, the City approved ADMIN-03-49, which granted the administrative approval to minor changes to approved convenience store/gas station. Minor revisions to the project’s drugstore was approved on February 20,2004, through the approval ofADMIN-03-75. An additional entrance was added to the approved bank through the administrative approval ADMIN-03- 1 1 1 , which was issued on March 15,2004. On July 1 , 2004, the City Council adopted Resolution 1 15, 2004 and Resolution 125,2004 which approved the off-site mitigation for the project and approved a waiver regarding the width of the on- site preservation area. The City Council, on August 5,2004, approved Resolution 149,2004, which approved the location ofa lake maintenance easement on the adjacent William T. Dwyer Community High School site. On November 18, 2004, City Council adopted Resolution 210, 2004, which approved the second phase of the Donald Ross Village site plan. A three-year administrative time extension was approved by the City on December 30, 2004. The current build out date for the project is December 3 1, 2007. On June 29, 2007, a request for a build out determination of the project was submitted to the City. This request is currently being reviewed. Compliance/Land Use The subject PUD has a Commercial (1 1.13 acres) and Mixed Use (34.24477 S. Rosemary Avenue acres) land use designation. The approved Mixed Use Planned Unit::: ~~~m-~a~~,o~~~~~~ ‘lace 561.366.1 100 www.UDSonline.com LCC35 561.366.1 11 1 fax Development is consistent with the underlying land use. The proposed administrative time extension is consistent withe the underlying land use and the original Planned Unit Development. Existing Zoning and Land Use Designations & Site Analysis EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Commercial/ MXD PUD C & MXD TO THE NORTH: DRI MXD ABACOA DRI TO THE EAST: PCD RM Evergrene PCD TO THE SOUTH: P/I P Dwyer H.S. TO THE WEST: PUD MXD Legends At The Gardens Parking When the second phase of the of the commercial portion of the Donald Ross Village was adopted in late 2004, parking within the site was through a shared parking analysis, as directed by Section 78-346 of the City Code. Below is the parking analysis approved with Resolution 2 10,2004: Shared Parking Calculations for Donald Ross Village PUD a July 8,2004 Use Weekday : Midnight to 6 a.m. Office (5% of 9,000 s.f. required) general (1 1300 s.f.) 7 Medical Office 18,387 s.f. (1/200 s.f. Weekday: Weekday: Weekend: 9 a.m. to 4 6 p.m. to 9 a.m. to 4 p.m. Midnight p.m. (1 00% of (10% of (1 0% of required) required) required) Weekend: 6 a.m. to Midnight (5% of required) 7 Commercial (retail, bank, gadconvenience stordfitness center) 86,609 s.f. (1/200 s.f.)and 2,400 s.f. of outdoor seating (11150 for patrons) Res tauran t 13,000 s.f. indoor (11150 for patrons and 11250 for employees) Hotel 93 Rooms, 700 s.f. of meeting rooms (1.1 spaces per room + lspace per 100 s.f. of meetindoffice space Total (5% of required) 23 (10% of required) 14 (80% of required) 88 132 (70% of required) 315 (50% of required) 70 (80% of required) 88 595 (goo/, of required) 404 (100% of required) 139 (1 00% of required) 110 665 (1 00% of required) 449 (50% of required) 70 (80% of required) 88 620 (70% of required) 315 (100% of required) 138 (1 00% of required) 110 571 665 parking spaces required under the City’s shared parking calculations for the entire parcel. 768 Parking spaces provided 819 Parking spaces required by code With this approval, several conditions of approval (Conditions #50 through #53 of Resolution 2 10,2004) were placed on the project. Since this approval, the Donald Ross Village has largely been constructed and some of the approved uses have been amended. As a result, there is no longer a need for the shared parking requirement. As a result, the Donald Ross Village now meets the City’s Parking requirement, as indicated below: USE # Ratio Spaces Retail 45,000 1/200 225 Drugstore 14,873 1/250 59.4 Restaurant 5,000 1/150 + 1/250 53.3 Health, Phys. 20,000 1 /200 100 Medical Office 18,587 1/200 92.9 General Ofice a Outdoor Seating 9,000 2,400 1/300 30 1/150 + 1/250 25.6 Bank 8,587 1/250 34.34 Gas Station 3,236 1/200 16.18 Hotel 93 Rooms +700 s.f. l.l/m + 1/100 109.3 TOTAL REQUIREMENT TOTAL PROVIDED 744.745 770 As the project is meeting is parking code requirements, we are requesting the elimination of Conditions #50 through #53 of Resolution 210 2004 because the conditions are no longer applicable. McMAHON ASSOCIATES, INC. 7741 N. Military Trail I Suite 5 1 Palm Beach Gardens, FL 33410 CMAHON www.mcmtrans.com p 561-840-8650 I f 561-840-8590 TO cc: FROM SUBJECT DATE: TECHNICAL MEMORANDUM Kara Irwin, Growth Management Administrator Judy Dye, P.E., Assistant City Engineer City of Palm Beach Gardens Dan Clark, P.E., City Engineer Richard Marrero, Senior Planner City of Palm Beach Gardens John P. Kim, P.E.,PTOE, Senior Project Manager Donald Ross Village PUD - Condition Removal McMahon Project No. M06344.30 PUDA-07-11-000013 January 2,2008 PRINCIPALS Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John S. DePalma William T. Steffens ASSOCIATES Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall McMahon Associates, Inc. (McMahon) has reviewed the documentation provided by Urban Design Studio, dated December 21, 2007 and the accompanying site plan and supplemental information. The applicant has sufficiently responded to the previous comments and has demonstrated that the site is providing more than the number of parking spaces required under the City of Palm Beach Gardens Code. The PUD no longer requires the application of shared parking calculations. The request to remove conditions 50 through 53 of Resolution 210, 2004, related to the approval of shared parking can be approved. Please feel free to contact me with any questions or concerns regarding this project. F:\FL\06344M\06344M-30 - Donald Ross Village PUD Condition Removal\ Admin\ Donald Ross Village PUD Tech Memo 010208.doc a MA Boston PA Fort Washington I Exton I Mechanicsburg N] Yardville FL Palm Beach Gardens 1 Fort Lauderdale 1 Fort Myers 1 Miami I e-- \ CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-000010 Subject/Agenda Item: Petition PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Drugstore with Drive-Through Recommendation to City Council: A request by Anne Booth of Urban Design Studio, on behalf of PBC-Three LLC, for approval of a site plan within the Mirasol Walk Planned Unit Development (PUD) to allow for the construction of a 14,820 square-foot drugstore with drive- through lanes on an approximately 2.7-acre site. The Mirasol Walk PUD is located at the northwest comer of the Ronald Reagan Turnpike and PGA Boulevard. [XI Recommendation to APPROVE I 1 Recommendation to DENY Planning Manager Jeff Johnson City Attorney Christine Tatum Development Bahareh Keshavarz-Wolfs, Compliance 4d AJCP Growth Manag Administrator Kara L. Irwin, $4- AICP Approved By: Originating Dept.: Growth Management: Project Manager R#M2 Richard J. Mirrero Senior Planner [XI Quasi - Judicial [ 3 Legislative [ XI Public Hearing Advertised: [ XI Required Date: February 1, 2007 Paper: Palm Beach Post Finance: Tresha Thomas Senior Accountant Costs: $-NJA Total s- NJA Current FY Funding Source: [ ] Operating [XIOther NA PZAB Action: Approved App. WJ conditions Denied Rec. approval Rec. app. w/ conds. Rec. Denial Continued to: Attachments: Reso 179,2005 Reso 71,2005 Reso 168,2003 Dev Application Reduced Plans Ronald M. Ferris City Manager Affected parties: [ X ] Notified [ ] Not Required Budget Acct.#: NA Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-0000 10 BACKGROUND On November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD), through the adoption of Ordinance 24, 2003 and Resolution 168, 2004. This approval consisted of an 85,032 square-foot shopping center including a 57,036 square-foot grocery store, a 3,925 square-foot convenience store with a 16 pump gas station, two 5,000 square-foot banks, and two specialty retail buildings not to exceed a combined total of 14,693 square feet. On December 16, 2004, the City Council adopted Resolution 221, 2004, which approved the site plan for the Sun Trust Bank out parcel. The 4,279 square-foot Sun Trust Bank, which has four drive-thru lanes and an ATM, is located immediately west of the Bank of America site. On June 2, 2005, the City Council adopted Resolution 7 1,2005, which approved an amendment to the Mirasol Walk PUD. This amendment provided for 4,000 additional square feet of restaurant within the shopping center, and the inclusion of professional and business office as a PUD permitted use. On December 15,2005, the City Council adopted Resolution 179,2005, which approved the site plan for the Bank of America out parcel. The 4,500 square-foot Bank of America, which has three drive-through lanes and an ATM, is located immediately east of the Sun Trust Bank out parcel. Phase I of the PUD consists of the shopping center and convenience store/gas station out parcel, which have received Certificates of Occupancy from the City. The Sun Trust Bank is currently under construction. The site plans for all out parcels are required to be reviewed as major amendments to the PUD. The subject request is to approve the development application of a 14,820 square-foot drugstore with drive-through lanes on the remaining two (2) out parcels, which are located immediately west of the existing shopping center. LAND USE & ZONING The subject site has future land-use and Vision map designations of Commercial (C). The subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). CONCURRENCY Mirasol Walk received Conditional Concurrency Certification at the time of approval of the PUD. The proposed site plan is consistent with the approved master site plan, and the proposed use is within the limits of the allowed retail square footage for the center. 2 Date Prepared: January 7,2008 Meeting Date: February 12, 2008 Petition: PUDA-07-09-0000 10 PROJECT DETAILS Site Access The subject site can be accessed from a single driveway on PGA Boulevard and two driveways on Jog Road. All access and right-of-way requirements of the PUD have been met. Vehicular Traffic Circulation The proposed Walgreens drugstore out parcel can be accessed from three separate entrances. Two of the entrances are located to the north of the out parcel and can be utilized via the existing access road. The third entrance is located on the south side of the out parcel and can be utilized by entering the Mirasol Walk shopping center’s site. Staff has requested that the northern portion of the site be revised to improve vehicular traffic circulation, It is staffs professional opinion that the northwest comer of the site plan can be redesigned to avoid any potential circulation issues that may arise between the western-most entrance and the drive-through lanes. Staff and the Applicant are reviewing different site design possibilities and the Applicant will be presenting a conceptual design to the Planning, Zoning & Appeals Board meeting for review and comment. Architecture The proposed Walgreens drugstore consists of the same architectural style and roof tile as the shopping center and out parcels. The design guidelines for the PUD require a tower feature for each building, which is provided at the drugstore entrance. The colors of the building are consistent with the PUD, and are beige for the walls, dark brown for the accents, and light cream for the trim. 0 Landscaping Landscape planting around the building is proposed to include multi-truck Palms, native grasses and shrubs that will be consistent with the palette of plant materials of the rest of the shopping center. The existing six-foot hedge, shrubs, Pine and Oak trees within the Parkway buffer along Jog Road and the entrance drive will be maintained and supplemented with additional hedges, shrubs and trees. Additional plants will be provided at the corner signage feature. On September 4, 2007, City Council adopted Ordinance 20, 2007, which established a new parking ratio of one space per 250 square feet for drugstores with drive through lanes. The Applicant has provided parking at a rate of one space per 200 square feet based on the previous Code requirements. The Applicant cited that they were near the end of their site planning for the site and staff agreed to require the drugstore to be parked consistent with the approved master 0 3 Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-0000 10 plan for Mirasol Walk PUD. The total parking required for this site, based on the ratio of one space per 200 square feet is 75 spaces; whereas the applicant is proposing 83 parking spaces. The City Code allows developments to exceed the parking requirement by lo%, which is equal to eight additional parking spaces. Section 78-345 (d) (4) permits additional parking spaces if: a.) additional open space is provided at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area; and b) the additional open space and landscaping shall be utilized to enhance the visual appearance of the improved site. The additional open space has been provided and is reflected in the overall landscape point total. Pedestrian Circulation As required by Resolution 168, 2003, the applicant has provided pedestrian access from the site to the shopping center. Pedestrian access is achieved through a paver crosswalk, consistent with the PUD approval, which will connect to the existing and proposed sidewalks. Signage As part of the approved PUD, the site is entitled to one ground monument sign. The proposed monument sign is proposed to be relocated to a more visible location on the southwest comer of the property. The proposed monument sign will be consistent with the design guidelines of the Mirasol Walk PUD. Signs are being proposed on two sides of the building in accordance with the provision in the Code that allows building identification and tenant identification signs. The maximum height of the letters is twenty-four inches with the total sign face area being seventy- two square feet per side. Site Liahting The applicant has provided a photometric plan as required by City Code Section 78-182. Resolution 168, 2004, included a waiver to allow for a light pole height of 35 feet. Light poles are being proposed in accordance with the approved lighting pole and fixture of the overall center. Drainage This project has received drainage concurrency. The Mirasol Planned Community Development (PCD) will receive the outfall from the Mirasol Walk PUD. STAFF RECOMMENDATION Staff recommends approval of Petition PUDA-07-09-0000 10, with the following conditions of approval: The following conditions will need to be satisfied prior to scheduling the petition for the City Council agenda: 1. Prior to scheduling for City Council, the Applicant shall revise the site, landscape, and engineering plans to reflect the revised configuration of the loading spaces and 4 Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-0000 10 maneuvering aprons on the west side of the drugstore building. (Planning & Zoning) 2. Prior to scheduling for City Council, the Applicant shall submit a revised CAD disc to be reviewed and approved by the Growth Management Department. (Planning & Zoning) a 3. Prior to scheduling for City Council, the Applicant shall revise the site plan to the satisfaction of the City Engineer and the Planning & Zoning Division, to reflect a re- design of the northern portion of the site in order to improve internal vehicular traffic circulation. (Planning & Zoning) 4. Prior to scheduling for City Council, the Applicant shall submit revised landscape plans to reflect the addition of sod to the 2 ’/z vehicle overhang areas. (City Forester) Planning & Zoning 1. If the Applicant is proposing Art in Public Places on-site, and the art is not installed prior to the issuance of the first Certificate of Occupancy or by the date included in the approved art resolution, the City shall have the option of withdrawing the escrow. (Planning & Zoning) 2. Prior to the issuance of the Certificate of Occupancy for the drugstore building, all roof top and ground-mounted mechanical equipment shall be screened from view, (Planning & Zoning) 3. The Walgreens drugstore sign that is proposed to be located within the tower feature of the drugstore building shall not be illuminated. (Planning & Zoning) 0 City Forester 4. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the Applicant shall remove all prohibited and invasive non-native plants fi-om the site. (City Forester) 5. Prior to the issuance of the first building permit for vertical construction for the drugstore building, the Applicant shall submit FP&L and SUA-approved landscape plans for review and approval by the City. (City Forester) City Engineer 6. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the Applicant shall provide signage along the drive aisle adjacent to the loading area stating “No parking, loading, or standing” and at no time shall vehicles block access to the trash compactors or drive aisles. (City Engineer) 7. Prior to the issuance of the first land alteration permit for the drugstore building, the Applicant shall provide a signed and sealed pavement marking and signage plan, or provide the same on the engineering plans. (City Engineer) a 5 Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-0000 10 8. The Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) 9. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 0 10. Prior to construction plan approval and the issuance of the first land alteration permit for the drugstore building, the Applicant shall provide a cost estimate and surety in accordance with LDR Sections 78-309 and 78-461, and a cost estimate 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/or a landscape architect licensed in the State of Florida. (City Engineer) 11. The construction, operation, and/or maintenance of any elements of the subject project shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of the project, it shall be the Applicant’s responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concei-ns are resolved. (City Engineer) 12. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) 13. Prior to construction plan approval and the issuance of the first land alteration permit for the drugstore building, the Applicant shall schedule a pre-pemiit meeting with City staff. (City Engineer) 14. Prior to the issuance of the first land alteration permit for the drugstore building, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) 15. The Applicant shall be required to notify the City’s Public Works Division via fax at least ten (10) working days prior to the commencement of any workkonstniction activity within any public right-of-way within the City. In the case of a City right-of-way, the property owner has at least five (5) working days to obtain a right-of-way permit. Right- of-way permits may be obtained at the Building Division. Failure to comply with this condition may result in a stop-work order of all worldconstruction activity within the public right-of-way and the subject site. (City Engineer) 6 Date Prepared: January 7, 2008 Meeting Date: February 12, 2008 Petition: PUDA-07-09-000010 @ Police Department 16. Prior to the issuance of the Certificate of Occupancy of the drugstore building, all on-site lighting shall be installed, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and, shall not conflict with planted landscaping. (Police Department) 17. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 36” in height and high branched trees should be trimmed to seven feet. (Police Department) 18. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the Applicant shall provide photocell sensor engaged lighting above or near entryways, four sides of building and adjacent sidewalks for said building. (Police Department) 19. Prior to the issuance of the Certificate of Occupancy for the drugstore building, all non- customer doors (non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all the exterior doors with a minimum one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed-switch or signal locking device to open the door when in the locked position .The entry door should have a holding force of at least 10001bs. Door hinges shall employ non- removable hinges, and the main entrance to the building shall be monitored by a closed-circuit digital camera surveillance system. (Police Department) 20. Prior to the issuance of the first building permit for the drugstore building, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a stop-work order for the PUD. (Police Department) 21. Prior to the issuance of the Certificate of Occupancy for the drugstore building, numerical addresses shall be placed at the front and rear of the building. Each numerical address shall be illuminated for nighttime visibility, with an unintermptible A.C. power source, shall consist of twelve (12) inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear doors of the building shall have an illuminated 6 inch number on or along side the door.(Police Department) 22. Prior to the issuance of a Certificate of Occupancy for the drugstore building, the following security measures shall be installed, and reviewed and approved by the Police Department . a. Drugstore building shall have an alarm system consisting of motion sensors and door contacts. b. Service doors shall be equipped with a metal plate over the thresh-hold of the locking mechanism. c. Interior doors to office, multipurpose and employee rooms shall have 100 square inch vision panels. 7 Date Prepared: January 7,2008 Meeting Date: February 12,2008 Petition: PUDA-07-09-0000 10 d. e. f. g- Where feasible door hinges shall be installed on the interior side of doors or non - removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior. Exterior pedestrian doors which provide access into the parking lot shall be solid core and where applicable emergency doors shall have no exterior handles. Panic hardware shall have a self-locking mechanism, or may have one locking point and shall have a protective astragal attached to the exterior of the door, which will cover the opening between the door and frame. The self-locking mechanism should extend one inch beyond the edge of the door to which it is attached and shall have a minimum 100 square inch vision panel to provide visibility into area being entered. A high resolution color digital video camera system with monitoring and photo processing capabilities shall be installed. Cameras shall be above exit doors, pharmacy and check-out counters, product aisles, photo service area, general stock room and receiving door, all drive thru lanes and any other area deemed necessary to provide for maximum coverage. All hatchway openings to roof shall be secured from inside with a slide bolt or slide bars and outside hinges shall be equipped with non-removable pins. Miscellaneous 23. Prior to the issuance of the first building permit for the drugstore building, digital files of the approved plat shall be submitted to the Planning and Zoning Division. Approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the Certificate of Occupancy for the drugstore building. (GIs Manager, Development Compliance Officer) 0 8 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 48 RESOLUTION 71,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD), WHICH IS LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND THE FLORIDA TURNPIKE, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW 4,000 ADDITIONAL SQUARE FEET OF RESTAURANT AND TO INCLUDE PROFESSIONAL AND BUSINESS OFFICE AS A PERMITTED USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and WHEREAS, on November 12, 2004, the City Council approved the Sun Trust Bank out-parcel with the adoption of Resolution 221 , 2004; and WHEREAS, the City received petition MISC-05-07 from North American Properties, agent for PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit Development (PUD), which is located at the northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein, to allow for 4,000 additional square feet of restaurant and to include professional and business office as a permitted use; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; 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. Section 2 of Resolution 168,2003 is hereby amended to read: 1. The approved uses for the Mirasol Walk Planned Unit Development shall consist of the following: antique shop; appliance and electronics store; bakery; bicycle store; bookstore; clothing and accessory store; consignment shop; convenience store 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. 3. 4. 5. 6. 7. 8. Date Prepared: April 29,2005 Resolution 71,2005 w/gas sales - out-parcel 5 only; drug store or pharmacy; floral or florist shop; gift and card shop; grocery store - anchor tenant only; hardware, paint, glass, wallpaper, and floor covering store - less than 10,000 square feet; toy, hobby, fabric, and craft shop; jewelry store - including repair; pet grooming shop; pottery shop; professional and business office; restaurant, quality, specialty, and takeout - total not to exceed 4&N 8,000 square feet of in-line retail space; banufinancial institution w/ or w/o drive-thnr lanes: barbedbeauty shops; blueprinting service; dry cleaning excluding self-service laundry; locksmith; mail and packing store, private; post office and accessory post office; personal services; picture framing; art gallery and museum; tailor shop; travel agency; video rental and sales; interior design including sales; specialty retail excluding discount, wholesale, or outlet stores; public park; accessory satellite dishes in accordance with City Code Section 78- 159 (69); and accessory uses. (Planning & Zoning) The applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval. (Planning & Zoning) Tenant signage size shall be limited to 60% of the average rectangular stucco to the attached area, and all signage shall not exceed City Code Section 78-285, Permitted Signs. (Planning & Zoning) All tenant signage shall be limited to one typeface and one color. The first tenant sign permit to be issued by the Growth Management Department shall provide for the color and typeface allowed in the PUD. (Planning & Zoning) Prior to the issuance of the first certificate of occupancy, the applicant shall submit documentation to the City to establish that they have negotiated in good faith to secure an agreement with either the United States Postal Service for an independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into an agreement with the United States Postal Service to be a “Contract Postal Unit” in Phase 1 of the project. (Planning & Zoning, City Attorney) (COMPLETED) Out-parcels one, two, three, and four shall not be cleared until site plans for these parcels are approved by the City Council. Minor areas may be cleared to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the City Forester. (Planning & Zoning) Prior to issuance of the first Certificate of Occupancy, unity of control documents for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the City and approved by the City Attorney. (City Attorney) (COMPLETED) Prior to issuance of the first Certificate of Occupancy, dark green slats shall be installed in the chain link fence at the point where the Seacoast Utility easement is located within the Ronald Reagan Turnpike buffer. (Planning & Zoning) (COMPLETED) 2 .. . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 B 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ib 49 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Date Prepared: April 29,2005 Resolution 71,2005 The applicant shall apply for a conditional use for each bank that includes more than four drive-thru lanes. (Planning & Zoning) All mechanical equipment shall be screened from view. (Planning & Zoning) Mechanical equipment for the service station shall be located behind the screened area for HVAC. (Planning & Zoning) The shopping cart operation shall follow the regulations set forth in City Code Section 78-221 (h) (9). (Planning & Zoning, Code Enforcement) No additional signage or banners shall be installed on site without City Council approval. (Planning & Zoning) The lighting source from the service station canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard. (Planning 8, Zoning) Prior to construction plan approval, the applicant shall provide a letter of consent from the utility easement owner@) allowing light fixture poles and/or landscaping within their utility easements. (City Engineering) (COMPLETED) An exclusive right-turn ingress lane shall be provided at the project access driveway along PGA Boulevard prior to the issuance of the first Certificate of Occupancy. (Engineering) (COMPLETED) No building permits shall be issued for square footage which generates more than 4,996 net new external trips until a contract is let for the expansion of PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four- lane divided cross-section. (Engineering) - Pedestrian and vehicular connectivity to and from each out parcel shall be required. Pedestrian and vehicular connectivity shall also be required to the shopping center from the out parcels. (Planning & Zoning) If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is developed for roadway purposes, all monument signs located in this right-of-way shall be removed and relocated elsewhere on site at the owner’s expense, subject to review and approval by the Growth Management Department. (Planning & Zoning) If, in the future, FDOT and all applicable agencies agree to the construction of a pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and the PGA Boulevard intersection, the applicant shall, at its own expense, extend the pedestrian crosswalk within the Parkway easement located on its property from the PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering) Each future out parcel shall be reviewed and approved as major amendments to the PUD. (Planning & Zoning) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Date Prepared: April 29, 2005 Resolution 71, 2005 Prior to construction plan approval, the applicant shall identify all proposed handicap ramps on the construction plans. Handicap ramps shall be provided at all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA requirements. (City Engineering) (COMPLETED) Prior to construction plan approval, the applicant shall reflect on the construction plans that the existing grades at the property line will be met without impact to the Fire Department property. (City Engineering) (COMPLETED) Prior to construction plan approval, the applicant shall indicate the maximum slope and slope direction towards the parking lot for the 11 .fi-foot wide area shown on Section H-H. (City Engineering) (COMPLETED) Within 90 days from the effective date of this Resolution, the applicant shall submit to the City the sum of $15,000.00 for the purpose of installing a City entryway sign at the southwest corner of PGA Boulevard and the Ronald Reagan Turnpike. (Planning & Zoning) (COMPLETED) The applicant shall install the PGA Boulevard buffer and preserve area within 6 months from the issuance of the first clearing permit; and the remaining buffers shall be installed within 12 months from the issuance of the first clearing permit. (Planning & Zoning) (COMPLETED) Prior to the issuance of the first building permit, the applicant shall install and maintain a 10-foot minimum strip of sod on the vacant out parcels adjacent to Jog Road. (Planning & Zoning) The build-out date for the Mirasol Walk PUD shall be l%ember 2!, 24U3 $. (City December 31, 2007.m Engineering) Prior to the first Certificate of Occupancy, the applicant shall complete all Palm Beach County required road improvements for the westbound side of PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these road improvements have not been completed by the Mirasol PCD. (Planning & Zoning) Prior to construction plan approval, the applicant shall submit a Traffic Pavement Markings and Signage Plan for City review and approval. (City Engineering) (COMPLETED) If Exhibits C and D, attached to the Staff report, are approved by the City Council, the applicant shall incorporate the approved modifications of Exhibit C and Exhibit D into the site plans, landscape plans, and construction plans, and Exhibit D shall be revised to show the north end of the curbed landscaped median pulled back from the east bound travel lane a distance of 5 feet prior to construction plan approval. (City Engineering) (COMPLETED) 4 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 b 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: April 29,2005 Resolution 71,2005 Crime Prevention Through Environmental Desiiqn CPTED: 32. 33. 34 * 35. 36. 37 # 38. 39. 40. 41. Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) Non-glare building lighting shall be around the perimeter on all sides and on pedestrian walkways. (Police Department) Entry signage shall be lighted. (Police Department) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) Numerical addresses shall: a. Be illuminated for nighttime visibility and be unobstructed; b. Have bidirectional visibility from the roadway; and c. Be placed at the front and rear of each business. (Police Department) All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police Department) Exterior roll-up doors shall be target hardened. (Police Department) Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian scale lighting, and shall be the same design used within the MirasoVJog Parkway corridor (Police Department). ATM security shall be achieved by using the following techniques: a. Shall be visible from roadway(s). .- 49 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Date Prepared: April 29,2005 Resolution 71,2005 b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24-hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) andlor potential suspect(s). f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 17 18 1. 19 20 21 2. 22 23 24 3. 25 26 27 4. 28 29 30 5. 31 32 33 6. 34 35 36 7. 37 38 39 8. 40 41 Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow a Planned Unit Development (PUD) size of approximately 24 acres. Section 78-182, Illumination of Uses and Buildings, to allow for a light pole height of 35 feet in vehicle use areas. Section 78-1 82, Illumination of Uses and Buildings, to allow for a 15.4 foot-candle level at the gas station. Section 78-1 82, Illumination of Uses and Buildings, to allow for a 5.8 foot-candle level at the east property line. Section 78-231 , Parkway Overlay District, to allow for a parkway easement of 55 feet adjacent to Jog Road. Section 78-508, Intersections, to allow for a driveway with a separation distance of 59 feet. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a building height of 43 feet. Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the principal tenant sign. for 42 43 44 45 46 2003. 47 SECTION 4. This PUD approval shall be in compliance with the following plans on file Mirasol Walk Site Plan, sheet PI, 1 sheet total, by Gee & Jenson, September 5, with the City’s Growth Management Department: I. 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ib 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. 3. 4. 5. 6. 7. 8. Date Prepared: April 29,2005 Resolution 71,2005 Mirasol Walk Right of Way Plan, sheet P2, I sheet total, by Gee & Jenson, July 24,2003. Mirasol Walk Landscape Plans, sheets Ll, L2, L3, L4, L5, L6, L7, and L8, 8 sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003 (sheets L3 & L8). Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02, and A3.07,4 sheets total, by Marc Wiener, A.I.A., July 24,2003. Convenience Store elevations, roof, and floor plans, sheets AI .O, AI .5, A2.0, A2.1, Cl.l , C1.2, by WD Partners, August 7,2003. Photometric Plan, sheet 1 of 1, by WLS Lighting Systems, August 8,2003, Photometric Site Plan for Exxon Mobil, by Progressive Development, September 5, 2003. Mirasol Walk Design Guidelines, by North American Properties, July 24, 2003. SECTION 5. The Planned Unit Development (PUD) amendment petition for 4,000 additional square feet of restaurant space and to include professional and business office as a permitted use is APPROVED on the following described real property: LEGAL DESCRIPTION: PARCEL 30.02 A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 88"27'05'' WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER (SE %) OF SAID SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH Ol"35'04" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A POINT ON THE THE CIRCUIT COURT BOOK 67, PAGE 566; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD, AS DESCRIBED IN MINUTES OF THENCE SOUTH 77"30'46" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 160.23 BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE 1073; THENCE DISTANCE OF 468.41 FEET; THENCE NORTH 43'30'10" WEST, DEPARTING FROM FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT-OF-WAY DEED FOR PGA CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 88"27'05" WEST A SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A POINT ON A CURVE CONCAVE WESTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 43"30'10" WEST) HAVING A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11"36'20", A 7 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Date Prepared: April 29,2005 Resolution 71,2005 DISTANCE OF 340.88 FEET TO A POINT ON A CURVE CONCAVE EASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 83’33’56“ EAST) HAVING A RADIUS OF 2,940.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07”01’34”, A DISTANCE OF 360.53 FEET; THENCE LINE OF FLORIDA’S TURNPIKE; THENCE SOUTH 01’35’04” WEST, ALONG SAID WEST SOUTH 88’24’56” EAST, A DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT-OF-WAY RIGHT-OF-WAY LINE, A DISTANCE OF 1,041.43 FEET TO THE POINT OF BEGINNING. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this J* day of %rl C ,2005. B ATTEST: p BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ChGtine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO L-- J VICE MAYOR JABLIN --- COUNCILMEMBER LEVY J-- COUNCILMEMBER VALECHE J-- / COUNCILMEMBER BARNETT --- \\pbgsfile\Attorney\attomey_share\RESOLUTlONS~irasol walk pud amendment - reso 7 1 2005.doc 8 Date Prepared: November 16,2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 179,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW THE DEVELOPMENT OF A 4,500-SQUARE-FOOT BANK WITH THREE DRIVE-THRU LANES AND AN ATM ON A 1.28-ACRE OUT PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; 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, on November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and WHEREAS, the City received a request from Architectural Design Collaborative, on behalf of PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit Development (PUD) to allow for the development of a 4,500-square-foot bank with three drive-thru lanes and an ATM on a 1.28-acre out parcel, which is located at the northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its November 8,2005, 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 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. Date Prepared: November 16,2005 Resolution 179,2005 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a NOW, THEREFORE, BE IT RESOLVED BY THE CIN COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Planned Unit Development (PUD) amendment application of Architectural Design Collaborative, on behalf of the Applicant, PBC-Three LLC, is hereby APPROVED on the following described real property to allow the development of a 4,500-square-foot bank with three drive-thru lanes and an ATM on 1.28 acres of land to be referred to as “Bank of America at the Mirasol Walk PUD,” generally located at the northwest corner of PGA Boulevard and the Florida Turnpike, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBE0 AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT J OF THE PLAT OF MIRASOL PLAT ONE AS RECORDED IN PLAT BOOK 89, PAGE 14 OF THE PUBLIC RECORDS IN AND FOR PALM BEACH COUNTY, FLORIDA; THENCE SOUTHWESTERLY ALONG THE EAST LINE OF TRACT A OF THE SAID PLAT OF MIRASOL PLAT ONE AND ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2,940.00 FEET, A CHORD BEARING OF SOUTH 09”56’51” WEST, AND A CENTRAL ANGLE OF 07”01’34”, FOR A DISTANCE OF 360.53 FEET, THENCE SOUTHEASTERLY ALONG THE SAID EAST SOUTHWESTERLY HAVING A RADIUS OF 175.00 FEET, A CHORD BEARING OF SOUTH 31’5036” EAST AND A CENTRAL ANGLE OF 66’31’48”, FOR A DISTANCE OF 203.20 FEET; THENCE NORTH 44’44’26” EAST, FOR A DISTANCE OF 34.20 FEET; THENCE SOUTH 88’24’56” EAST, FOR A DISTANCE OF 191.94 FEET; THENCE SOUTH 35’10’23” EAST, FOR A DISTANCE OF 8.06 FEET; THENCE SOUTH 01’35’04” WEST, FOR A DISTANCE OF 92.39 FEET TO THE NORTHWEST CORNER OF OUTPARCEL 4 AND THE POINT OF BEGINNING OF OUTPARCEL 4; THENCE SOUTH 88’19’38” EAST, FOR A DISTANCE OF 224.67 FEET; THENCE SOUTH Ol”34’12” WEST, FOR A DISTANCE OF 248.25 FEET; THENCE NORTH 88’25’57” WEST, FOR A DISTANCE OF 224.73 FEET; THENCE NORTH Ol”35’04” EAST, FOR A DISTANCE OF 248.67 FEET TO THE POINT OF BEGINNING OF OUTPARCEL 4. LINE OF TRACT A AND ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE OUTPARCEL 4 CONTAINING 55,828 SQUARE FEET, OR 1.28 ACRES, MORE OR LESS. 2 Date Prepared: November 16,2005 Resolution 179,2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following three (3) waivers: 1. Section 78-285, Permitted signs, to allow for one additional principal tenant sign. 2. Section 78-345, Number of parking spaces required, to allow for 14 additional parking spaces. 3. Section 78-362, Size and location of loading spaces, to allow for the absence of a loading space. SECTION 4. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 1. The Applicant shall copy the City Engineer on all correspondences to and from regulatory agencies regarding issues on the project. (City Engineer) 2. Prior to construction plan approval, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 3. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for public infrastructure, landscaping, and irrigation. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. The cost estimate shall be based on 11 0% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 4. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for all other on-site improvements, which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer registered in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 5. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 6. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all pertinent calculations to the City Engineer for review and approval. (City Engineer) 7. Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 3 Date Prepared: November 16,2005 Resolution 179,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a stop-work order for the PUD. (Police Department) SECTION 5. This Planned Unit Development (PUD) amendment approval shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Bank of America Site Plans, Utility Plans, Signage Plans, and Detail Plans, sheets C-1 through C-9, by H&T Consultants, last revised on July 23, 2005, and received and stamped by the City on October 11,2005. 2. Bank of America Landscape Plans, sheets LS-1 through LS-3, by H&T Consultants, last revised on August 28, 2005, and received and stamped by the City on October 1 I , 2005. 3. Bank of America Architectural Elevations, Floor Plan, Roof Plan, and Electrical Site Plan, sheets A02.01, A02.02, A09.11, and EO1.OO, by Architectural Design Collaborative, last revised on October 6, 2005, and received and stamped by the City on October 11,2005. 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. (The remainder of this page left intentionally blank) 4 Date Prepared: November 16,2005 Resolution 179,2005 a 2 3 4 5 6 7 9 io 11 12 13 14 15 16 17 18 19 20 21 a 6 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 PASSED AND ADOPTED this 13% day of bw,.&u , 2005. CITY OF PALM BY: 1 ATTEST: 1 BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney - VOTE: AYE NAY ABSENT / MAYOR RUSSO --- VICE MAYOR JABLIN J-- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- - J J J G:\attorney-share\RESOLUTIONS\mirasol walk - amendment to pud - bank -reso 179 2005.doc d- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: September 9,2003 RESOLUTION 168,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN PETITION OF GEE & JENSON, AGENT FOR NORTH AMERICAN PROPERTIES & INVESTORS, INC. FOR THE 24-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER OF PGA BOULEVARD AND THE RONALD REAGAN TURNPIKE, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW A GROCERY STORE, RETAIL, AND FINANCIAL INSTITUTIONS; GRANTING CONDITIONAL USE APPROVAL FOR A GAS STATION/CONVENlENCE STORE; 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, 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 PUD-01-11 from Gee & Jenson, agent for North American Properties & Investors Inc., for master development approval for 57,036 square feet of grocery store, 27,996 square feet of retail, a Conditional Use (CU) for 3,925 square feet of gas station/convenience store, and approval for the uses of four out parcels consisting of two 5,000 square-foot banks and two specialty retail buildings, not to exceed a combined total of 14,693 square feet on an approximately 24-acre site located at the northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, as more particularly described herein; and WHEREAS, the subject site has been zoned to PUD with an underlying zoning of General Commercial (CG-1); and WHEREAS, the Master Development Plan was reviewed by the Planning and Zoning Commission at a public hearing conducted on June 24,2003; and WHEREAS, the gas station/ convenience store has been reviewed as a Conditional Use (CU) and has met the conditional use criteria per Section 78-52 of the City’s Land Development Regulations; 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 I I I I i 01 I 3 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 .““ Date Prepared: September 9,2003 Resolution 168,2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION ’l , The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Master Development Plan application of Gee & Jenson, agent for North American Properties & Investors, Inc., is hereby APPROVED on the following described real property, to permit 57,036 square feet of grocery store, 27,996 square feet of retail, a Conditional Use (CU) for 3,925 square feet of gas stationkonvenience store, and approval for the uses of four out parcels consisting of two 5,000 square-foot banks and two specialty retail buildings, not to exceed a combined total of 14,693 square feet on an approximately 24-acre site located at the northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PARCEL 30.02 A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 88 27’05” WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER (SE X) OF SAID SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH 01 35’04” EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PGA BOULEVARD, AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 67, PAGE 566; SAID PINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE SOUTH 77 30’46” WEST, ALONG SAID NORTH LINE, A DISTANCE OF 160.23 FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT OF WAY DEED FOR PGA BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE 1073; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE NORTH 88 27’05” WEST A DISTANCE OF 468.41 FEET; THENCE NORTH 43 30’10” WEST, DEPARTING FROM SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A PINT ON A CURVE CONCAVE WESTERLY (A RADIAL LINE PASSING THROUGH SAID PINT BEARS NORTH 43 30’10” WEST) HAVING A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 11 36’20”, A DISTANCE OF 340.88 FEET TO A POINT ON A CURVE CONCAVE EASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 83 33’56” EAST) HAVING A RADIUS OF 2,940.00 FEET; THENCE; ;,- 2 Date Prepared: September 9,2003 Resolution 168,2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 01’34”, A DISTANCE OF 360.53 FEET’ THENCE SOUTH 88 24’56” EAST, A DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT OF WAY LINE OF FLORIDA’S TURNPIKE; THENCE SOUTH 01 35’04” WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1,041.43 FEET TO THE POINT OF BEGINNING. 1. 2. 3. 4. 5. The approved uses for the Mirasol Walk Planned Unit Development shall consist of the following: antique shop; appliance and electronics store; bakery; bicycle store; bookstore; clothing and accessory store; consignment shop; convenience store w/gas sales-out parcel 5 only; drug store or pharmacy; floral or florist shop; gift and card shop; grocery store- anchor tenant only; hardware, paint, glass, wallpaper, and floor covering store- less than 10,000 square feet; toy, hobby, fabric, and craft shop; jewelry store- including repair; pet grooming shop; pottery shop; restaurant, quality, specialty, and takeout- total not to exceed 4,000 square feet of in-line retail space; bankhancia1 institution w/ or w/o drive-thm lanes; barbedbeauty shops; blueprinting service; dry cleaning excluding self service laundry; locksmith; mail and packing store, private; post office and accessory post office; personal senrices; picture framing; art gallery and museum; tailor shop; travel agency; video rental and sales; interior design including sales; specialty retail excluding discount, wholesale, or outlet stores; public park; accessory satellite dishes in accordance with City Code Section 78-159 (69); and accessory uses. (Planning & Zoning) The applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval. (Planning & Zoning) Tenant signage size shall be limited to 60% of the average rectangular stucco to the attached area, and all signage shall not exceed City Code Section 78- 285, Permitted Signs. (Planning & Zoning) All tenant signage shall be limited to one typeface and one color. The first tenant sign permit to be issued by the Growth Management Department shall provide for the color and typeface allowed in the PUD. (Planning & Zoning) Prior to the issuance of the first certificate of occupancy, the applicant shall submit documentation to the City to establish that they have negotiated in good faith to secure an agreement with either the United States Postal Service for an independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into an agreement with the United States Postal Service to be a “Contract Postal Unit” in Phase I of the project. (Planning & Zoning and City Attorney) 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 - 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Date Prepared: September 9,2003 Resolution 168,2003 Out parcels one, two, three, and four shall not be cleared until site plans for I I these parcels are approved by the City Council. Minor areas may be cleared to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the City Forester. (Planning & Zoning) Prior to issuance of the first Certificate of Occupancy, unity of control documents for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the City and approved by the City Attorney. (City Attorney) I Prior to issuance of the first Certificate of Occupancy, dark green slats shall be installed in the chain link fence at the point where the Seacoast Utility easement is located within the Ronald Reagan Turnpike buffer. (Planning & Zoning) The applicant shall apply for a conditional use for each bank that includes more than four drive-thru lanes. (Planning & Zoning) All mechanical equipment shall be screened from view. (Planning & Zoning) I Mechanical equipment for the service station shall be located behind the screened area for HVAC. (Planning & Zoning) The shopping cart operation shall follow the regulations set forth in City Code Section 78-221 (h) (9). (Planning & Zoning/Code Enforcement) No additional signage or banners shall be installed on site without City Council approval. (Planning & Zoning) The lighting source from the service station canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard. (Planning & Zoning) Prior to construction plan approval, the applicant shall provide a letter of consent from the utility easement owner(s) allowing light fixture poles and/or landscaping within their utility easements. (City Engineering) An exclusive right-turn ingress lane shall be provided at the project access driveway along PGA Boulevard prior to issuance of the first Certificate of Occupancy. (Engineering) No building permits shall be issued for square footage which generates more than 4,996 net new external trips until a contract is let for the expansion of PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four-lane divided cross-section. (Engineering) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Date Prepared: September 9, 2003 Resolutlon 168,2003 Pedestrian and vehicular connectivity to and from each out parcel shall be required. Pedestrian and vehicular connectivity shall also be required to the shopping center from the out parcels. (Planning 81 Zoning) If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is developed for roadway purposes, all monument signs located in this right-of- way shall be removed and relocated elsewhere on site at the owner’s expense, subject to review and approval by the Growth Management Department. (Planning 81 Zoning) If, in the future, FDOT and all applicable agencies agree to the consttuction of a pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and the PGA Boulevard intersection, the applicant shall, at its own expense, extend the pedestrian crosswalk within the Parkway easement located on its property from PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering) Each future out parcel shall be reviewed and approved as major amendments to the PUD. (Planning 8I Zoning) Prior to construction plan approval, the applicant shall identify all proposed handicap ramps on the construction plans. Handicap ramps shall be provided at all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA requirements. (City Engineering) Prior to construction plan approval, the applicant shall reflect on the construction plans that the existing grades at the property line will be met without impact to the Fire Department property. (City Engineering) Prior to construction plan approval, the applicant shall indicate the maximum slope and slope direction towards the parking lot for the 11 .s-fOOt wide area shown on Section H-H. (City Engineering) Within 90 days from the effective date of this Resolution, the applicant shall submit to the City the sum of $15,000.00 for the purpose of installing a City entryway sign at the southwest corner of PGA Boulevard and the Ronald Reagan Turnpike. (Planning & Zoning) The applicant shall install the PGA Boulevard buffer and preserve area within 6 months from the issuance of the first clearing permit; and the remaining buffers shall be installed within 12 months from the issuance of the first clearing permit. (Planning & Zoning) Prior to the issuance of the first building permit, the applicant shall install and maintain a IO-foot minimum strip of sod on the vacant out parcels adjacent to Jog Road. (Planning & Zoning) 5 . . ... - - . - .. . . Date Prepared: September 9,2003 Resolution 168,2003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 28. The build-out date for the Mirasol Walk PUD shall be December 31, 2003, as referenced in the September 18, 2002, concurrency approval letter from the Palm Beach County Department of Engineering. (City Engineering) 29. Prior to the first Certificate of Occupancy, the applicant shall complete all Palm Beach County required road improvements for the westbound side of PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these road improvements have not been completed by the Mirasol PCD. (Planning & Zoning) 30. Prior to construction plan approval, the applicant shall submit a Traffic Pavement Markings and Signage Plan for City review and approval. (City Engineering) 31. If Exhibits C and D, attached to the Staff report, are approved by the City Council, the applicant shall incorporate the approved modifications of Exhibit C and Exhibit D into the site plans, landscape plans, and construction plans, and Exhibit D shall be revised to show the north end of the curbed landscaped median pulled back from the east bound travel lane a distance of 5 feet prior to construction plan approval. (City Engineering) Crime Prevention Throuqh Environmental Desiqn CPTED: 32. Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) 33. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) 34. Building lighting shall be around the perimeter on all sides and on pedestrian walkways. No glare lighting shall be used. (Police Department) 35. Entry signage shall be lighted. (Police Department) 36. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) 37. Numerical addresses shall: l a. Be illuminated for nighttime visibility and be unobstructed; b. Have bi-directional visibility from the roadway; and c. Be placed at the front and rear of each business. (Police Department) 6 Date Prepared: September 9,2003 Resolution 168,2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 38. All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 1804egree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. (Police Department) 39. Exterior roll-up doors shall be target hardened. (Police Department) 40. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian scale lighting, and shall be the same design used within the MirasoVJog Parkway corridor (Police Department). 41. ATM security shall be achieved by using the following techniques: a. Shall be visible from roadway(s). b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24-hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) and /or potential suspect(s). f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 1. Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow for a Planned Unit Development (PUD) size of approximately 24 acres. 0: I I , I i I I 7 .I 2. 2 3 4 3. 5 6 7 4. 8 9 10 5. 11 12 13 6. 14 15 16 7. 17 18 19 8. 20 21 22 Date Prepared: September 9,2003 1 Resolution 168,2003 1 Section 78-182, Illumination of Uses and Buildings, to allow for a light pole i height of 35 feet in vehicle use areas. Section 78-182, Illumination of Uses and Buildings, to allow for a 15.4 foot- candle level at the gas station. Section 78-182, Illumination of Uses and Buildings, to allow for a 5.8 foot- candle level at the east property line. Section 78-231, Parkway Overlay District, to allow for a parkway easement of 55 feet adjacent to Jog Road. Section 78-508, Intersections, to allow for a driveway with a separation distance of 59 feet. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a building height of 43 feet. Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the principal tenant sign. 1 SECTION 4. This PUD approval shall be in compliance with the following plans 1. Mirasol Walk Site Plan, sheet P1, 1 sheet total, by Gee & Jenson, Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson, Mirasol Walk Landscape Plans, sheets L1, L2, L3, L4, L5, L6, L7, and L8, 8 sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003 on file with the City’s Growth Management Department: 26 September 5,2003. 27 28 30 2. 29 July 24, 2003. 1 31 32 33 (sheets L3 & L8). 34 3. 35 36 37 38 39 40 41 42 43 7. Photometric Site Plan for Exxon Mobil, by Progressive Development, 45 4. Mirasol Walk Architectural Elevations and roof plans, sheets A2.01, A2.02, and A3.07,4 sheets total, by Marc Wiener, ALA., July 24, 2003. Convenience Store elevations, roof, and floor plans, sheets A1.O, A1.5, A2.0, A2.1, C1.1, Cl.2, by WD Partners, August 7,2003. Photometric Plan, sheet I of 1, by WLS Lighting Systems, August 8, 2003. September 5,2003. 5. 6. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTE I Date Prepared: September 9,2003 Resolution 168,2003 8. Mirasol Walk Design Guidelines, by North American Properties, July 24, 0 2003. SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this lhm day of NOJ~~OL ,2003. T: CITY OF-ACH GARDENS, FLORIDA Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Mristine P. Tatum, City Attorney - VOTE: -- AYE NAY ABSENT J MAYOR JABLIN --- VICE MAYOR SABATELLO --- COUNCILMEMBER CLARK --- COUNCILMEMBER RUSSO --- COUNCILMEMBER DELGADO --- Y r, 4 / \\pbgsfile\Attomeylattomey_share\RESOLUTlONS~eso 168 2003 - mirasol walk-rez-mpwith changes 10-603.d~ 9 urban dean stu 0 PROJECT NARRATIVE Walgreens at Mirasol Walk September IO, 2007 0 RequestlLocationlHistory The Mirasol Walk PUD is a 24-acre tract of land located at the northwest corner of the intersection of PGA Boulevard and The Ronald Reagan Turnpike. Mirasol Walk was approved by the City Council on November 6th, 2003 by Ordinance 24,2003 for a rezoning from PDA to PUD, with an underlying zoning of General Commercial (CG-I). Resolution 168, 2003, allowed for a Grocery Store, retail, financial institutions, and approved a conditional use for a gas stationlconvenience. The project has been amended several times to allow for site plan approvals and administrative amendments for all of the parcels in the PUD with the exception of Parcels 1 and 2. This request is to allow a 14,820 square foot drugstore with drive-thru window on Parcels 1 and 2 which are the last remaining un-built parcels in the project. This request is consistent with the currently approved Master Plan, and meets the intent and design criteria of the PUD. Urban Design Urban Planning Land Planning Landscape Architecture Existing Zoning and Future Land Use Designations The Mirasol Walk PUD currently has a future land use designation of Commercial (C) and a zoning designation of Planned Unit Development (PUD), with an underlying zoning of General Commercial (CG-1). The proposed site plan is consistent with the approved Master Plan, and will not require amendments to the zoning designations or the Comprehensive Plan designations. a Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 C:kuments and Settings\uds\Local Scttings\Temprary Internet Files\OLK74Vro~ect Narrative PUD I2 I 107 wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 2 Concurrency Mirasol Walk received Conditional Concurrency Certification at the time of the approval of the PUD. The proposed site plan is consistent with the approved master site plan, and the proposed use is within the limits of the allowed retail square footage for the center. PROJECT DETAILS Architectural Style and Special Features The proposed drug store has been designed to take into consideration the approved Design Guidelines and the existing structures within the center. The use of architectural trims, columns and tile has been extended to this building. The proposed colors and materials will also match the existing center. ParkwaylLandscape Buffers The existing 6' hedges, grasses, Pine and Oak trees within the Parkway Buffer along Jog Road and the entrance drive will be maintained and supplemented with additional hedges, grasses and trees. Additional plants will be provided at the corner signage feature. Building Landscaping Landscape planting around the building is proposed to include Multi-truck Palms, grasses, and hedges that will be consistent with the palette of plant materials of the rest of the center. Access Access to the Mirasol Walk is provided from a single driveway on PGA Blvd. and two driveways on Jog Road. Access into Parcels 1 and 2 is limited to internal circulation within the shopping center and does not have direct access to the Thoroughfare roadways. All access and right-of-way requirements of the PUD have been met. Pedestrian Connectivity Pedestrian connectivity is provided through a system of sidewalks along Jog Road which connect to the internal sidewalks in the center. The modification of one existing crosswalk to the south of the entrance of the Walgreens parking lot will be required to improve it's alignment. C:\Docurnents and Settings\udsVocal Settings\Tcrnporary Internet Files\OLK74Vmject Narrative PUD 121 107.wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 3 Project Signage As part of the approved PUD, the site is entitled to one ground sign. The proposed "Monument Sign # 4" as shown on the approved Master Plan is proposed to be moved to a more central location on the corner of the property. The sign as proposed will be consistent with the general design criteria of the PUD, however, it will also include an electronic reader board. This application is requesting a waiver from the code for the addition of the reader board. Signs are being proposed on two sides of the building in accordance with the provision in the code that allows building identification and tenant identification signs. The maximum height of the letters is 24'' with the total sign face area being 72 square feet per side. Lighting Light poles are being proposed in accordance with the approved lighting pole and fixture of the overall center. Parking Parking is being provided in accordance with the parking ratio required by the approved Master Plan at 1 space per 200 square feet. Parking spaces are 9.5' x 18.5' in accordance with the previously approved waiver for the PUD. 0 Utilities/lnfrastructure/Drainage Utilities and infrastructure have been provided to the site as part of the construction of the existing center. Accommodations have been made on the site and landscape plans for the required utility services and the screening required. Phasing The Mirasol Walk PUD was approved with 5 out-parcels. Parcel 5 was developed as a gas station and convenience store concurrently with the main center. Parcels 3 and 4 have been developed as financial institutions and Parcels 1 and 2 are the only remaining parcels left for development and which are the subject of this application. C:\Documents and Settings\uds\Local Settings\Temporary Internet Files\OLK74\Project Narrative PUD I2 1 I07.wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Land Development Regulations Comparison (per code Allowed Proposed unless otherwise noted) Open Space (PUD) 15% min. 32% Minimum PUD 1 acre 24 acres (Overall PUD) Development Size Minimum Site Area 15,000 sf 120,225.6 sf Minimum Building Site None nla Area /CG- 1 (CG- 1) Compliance yes Yes nla Yes 100' 275.63 Minimum Lot Width (CG- I) Maximum Building Lot 35% 12.5% Yes Maximum Height Limit 36' 20' Coverage (CG-I) 50 feet I Front (Jog Road) Side (North) I5 feet 77.6 feet yes Side Facing Street 40 feet nla nla Number Required 75 (1 space1200 sf per 84 Yes Stall Dimensions 9.5' x 18.5 feet (per 9.5' x 18.5' Yes approved MP) approved PUD waiver) Number Allowed (4 allowed per approved 1 for 300 feet of ROW fi-ontage, + 1 per ROW fiontage 1 for this parcel per additional 700 feet approved MP MP) Page 4 0 Waiver Requested i 0 0 1 C:\Documents and Scltings\uds\Local Setting\Temporary Internet Files\OLK74Vroject Narrative PUD 12 1 107.wpd I Project Narrative Mirasol Walk PUD Amendment Comparison (per code unless otherwise noted) Setbacks Sign Face/LED Reader Board Ground Sign Landscape Area September 10,2007 Page 5 Allowed Proposed Compliance Waiver Requested 15 feet-from ROW line 47' fiom ROW line Yes 50 feet-side property line n/a fiom side Not allowed LED reader board proposed no Ye 10' in fiont and on each side of sign, 3 feet in 1 O'+ in fiont, Yes IO'+ on sides, Building ID Signs Tenant Signs 1 per Building / 36" 1 Bldg ID 24" letters Yes letters 1 per tenant NMT 24" 1 Tenant ID 24" letters Yes letters I Points I 495 1.3 I 6995.8 I yes I I Waivers The general purpose and intent of the PUD Planned unit development overlay district is established "to permit and encourage more efficient and creative development or re-development of property; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size shape and location ... and to ensure that development occurs according to limitations of use, design, density, coverage, and planning as stipulated in an approved development plan." As a result of these concepts, the PUD Overlay District was created as a "Flexible" zoning district that is intended to allow for deviations from the standard Land Development Regulations. The deviations are accommodated through the Waiver approval process. The granting of waivers allows innovative, and creative design concepts to be realized that will be a benefit to the city. As required, the proposed waivers meet the criteria established in the Land Development Regulations Under Section 78-1 58(I). C:\Documents and Settings\uds\Local Settings\Temprary Interne! Files\OLK74Vro,ject Narrative PUD 12 I 1 O7.wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 6 We believe that the design of this sign is consistent with the intent and purpose of the Planned Unit Development Overlay District regulations, is similar to changeable copy gasoline sales signs, and is consistent with comparable signs within other communities. For these reasons we feel the requested waiver should be approved and respectfully request your support. The applicant is requesting the following waiver: A Waiver to Allow an LED Reader Board as an amendment to the Master Sign Program for Monument Sign #4: The applicant is requesting a waiver from Section 78-284 Prohibited signs and prohibited sign locations (h)(6) Changeable Copy signs, to allow a changeable copy electronic reader board to be part of the sign design for the Walgreens monument sign. This reader board is part of a nationwide signage program utilized by the Walgreens organization and is controlled remotely to provide consistent and timely information regarding sales and promotions. The reader board is similar in concept to the changeable copy of gasoline sales signs, however, with the technologically updated electronic version, the sign is cleaner and more efficient. Because the Walgreens store is located in the “rear” of the shopping center, and is removed from the frontage of PGA Blvd., the visibility of any sales information is severely limited. The ability to advertise is very important to the store and the changeable copy reader board would provide valuable visibility for the store. Otherwise the design, colors and materials of the sign are consistent with the Master Signage Program. The proposed landscape plan provides 40% more landscape material than is required by code and the applicant has provided additional landscape materials around the sign and on the property to enhance the area around the sign. C:\Documents and Settings\uds\Local Settings\Temporary Internet Files\OLK74Vroject Narrative PUD 12 I I07.wpd December 1 1,2007 urban Ms. Richard Marrero, Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Urban Design Urban Planning Land Planning RE: MIRASOL WALK WALGREENS Landscape Architecture PLANNED UNIT DEVELOPMENT AMENDMENT PBG REF: PUDA -07-09-000010 UDS REF.:#95-029.089 (PUD) Dear Richard: In response to the comments received on the above referenced project, we offer the following responses. For your convenience, we have duplicated their comments in bold and our responses followed in italics. COMMENTS FROM RICHARD MARRERO. PLANNER, DATED OCTOBER 03,2007 1. The applicant is requesting a waiver from Section 78-284 to allow a changeable copy electronic reader board to be part of the sign design. Please note that staff remains in support of the LDRs. The applicant has agreed to withdraw the request for the reader board waiver. An amended ground sign has been included in this re-submission for your consideration. 2. The applicant shall remove “Pharmacy” and “Photo’ from the south and east elevations of the drugstore or request a waiver form Section 78-285 for additional signage. The applicant has removed the references to Pharmacy and Photo from the elevations as requested. Consistent with previous approvals in the city (The Pointe, Lydian Bank, DoubleTree North SelfStorage, and Starbucks at The Commons), the proposed signs on the building represent what is allowed by the code for Principal Tenant and Building Identification signage. 3. The tower feature above the primary entrance to the building depicts a mortar and pestle. The applicant shall clarify if this sign is to be illuminated or not, and request a $@~eT,$r~~~ Section 78-285 for additional signage. - L h The mortar and pestle is proposed to be located inside the store and is not intended to be lit. Therefore it is our understanding that this will not require a waiver. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 G:WGA NationalResort CoreRen 2007MA#l\Application Ltr.03 1207.wpd 561.366.1100 561.366.1111 fax www.UDSonIine.com LCC35 Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 2 COMMENTS FROM MARK HENDFUCKSON. FORESTER, DATED OCTOBER 22,2007 Certification Issues 1. In accordance with Section 78-305 of the LDR, landscape plans should clearly delineate any key landscape areas, landscape materials, and square footage of open space and impervious areas. The applicant shall clarify what areas were used in the calculation of required open space. The applicant shall provide documentation showing what areas were designated as open space for the property in CAD format on CD ROM. The CAD file will contain the DWG, DXF, and DGN file extensions in version 2004 or earlier. The CAD file shall contain a separate layer for each of the following categories: property boundary, impervious areas, pervious areas, and areas designated as open space. Open space shall further be separated into easements, open space used in the calculation of required landscape points and sod area. Each layer shall be clearly labeled using the categories listed above. All drawings shall be defined as closed polygons. We haveprepared the documentation in the format requested. Upon confirmation that the City Forester does not have any additional requests for modifications, the disk will be submitted. The attached prints have been amended to delineate landscape areas, sod, mulch, and sidewalks. Open space and pewioudimpervious areas have been noted in the site data table on the site plan, and will be identijied in the computerfile. 2. In accordance with Section 78-320 (a) (4) b, c of the LDR, regarding minimum standards for foundation landscaping, there is foundation landscaping missing along the west side of the building. A trellis with bougainvillea can be included over the compactor area as presented on the elevation example of the proposed Walgreens at Legends. This would improve the looks of the service area facing Jog Road. To the north and south of the main entrance door the sidewalk could be located close to the curb, and the required foundation landscaping provided near the building. Please revise to show at least the minimum 5 foot foundation landscaping and the trellis feature. The attached landscape and architectural plans have been amended to include additional landscape planting beds along the west side of the building including bougainvillea, shrubs and trees. The architectural plans have been amended to show the trellis around and above the compactor area. 3. In accordance with section 78-320(a) (4) c. of the LDR, non residential buildings shall have at least one shade tree or palm cluster installed for each 30 linear feet, or fraction thereof, of facade width. Trees and palms shall be of an installed size relating to the height of the adjacent wall or facade, as indicated in Table 30. Please revise the landscape plan to include the required number of trees or palm clusters for the proposed building. The attached landscape plans have been amended to comply with LDR Section 78-320 (a)(4)c. G:VGA NationalResort CoreRen 2007M#lMpplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 3 0 4. In accordance with Section 78-313 (b) of the LDR, not more than 40% of the total landscape area shall be covered with sod. The sod calculations are not shown on the plan. Please show the square footage of sod area, the points for grass calculated at .25 points per 10 square feet, the species, and the percentage of sod for the landscaped area. Following the above referenced amendments, and additional modijkations to the planting beds as requested by the City Forester, the landscape area has been calculated at 32% of the site and the percentage of sod within the landscape area is calculated at 24%. Notations have been added to the plant list to reference the points and percentages of sod area. 5. In accordance with Section 78-315 of the LDR, all landscaped areas shall be protected by curbs or wheel stops from vehicular encroachment and from the damages caused by vehicles overhanging into landscaped areas. Please revise the plan to show wheel stops for all parking spaces. The attached plans have been amended to remove the sidewalk in the center of the landscape island located to the east of the proposed Walgreens. This modijkation will allow for vehicle overhang in addition to the minimum landscape area. Curbs, wheel stops or tree diamonds are proposed for each parking space. For those spaces that propose curbs, without wheel stops, a designated overhang area has been provided, that has been excluded from the open space calculations. In accordance with Section78-305 of the LDR, the surrounding landscaping within 50 feet of the property shall be shown on the landscape plan. The existing road shoulder plantings along Jog Road are not shown on the landscape plan. Please revise. 6. The landscape plan has been amended to include the existing plantings along Jog Road, as requested. 7. In accordance with Section 78-306 of the LDR, all locations for proposed utilities, easements, underground drainage, and light fixtures shall be shown on the landscape plan and the site plan to prevent possible conflicts with landscaping. Please revise the landscape plan and site plan to show the FP&L connection to the building. The site plan and landscape plan have been amended to reflect the location of the Florida Power and Light connection on the northeast corner the building, and the light pole locations have been enlarged on the landscape plan. G:\PGA NationalResort CoreNen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 4 8. A condition of approval from the Mirasol Walk development order requires pedestrian connectivity within Mirasol Walk, and to the Jog Road sidewalk. Please revise the plan to provide a connecting sidewalk from the southwest corner of the proposed building to the public sidewalk to the west. Also, there are unnecessary sidewalks in the parking lot divider in the east parking area. Please revise to provide only necessary connections and provide landscaping in these areas. The attachedplans have been amended to provide the requestedpedestrian sidewalk connection to Jog Road and to remove the sidewalk located in the parking lot island. 9. The plant list points are incorrect for the some of the trees, palms, and accent plants. The points need to be corrected and totaled again to meet the minimum points required. Staff is available to meet with the applicant to go over these corrections. Based on conversations with the City Stag the landscapeplan has been amended to update the plant list points to correctly reflect the points for trees, palms, and shrubs. Non-Certification Issues 10. There are several corrections to be made to the plant list: 1. Plant List should be divided into four categories- Trees, Palms, Shrubs, and Groundcover. 2. Wax myrtle should be in the shrub category. 3. Sod square footage and points are missing in the groundcover category. 4. Remove Fakahatchee grass from the plant list if the quantity is zero. 5. Applicant shall explain the note on Royal Palms. 6. The Ficus benjamina for the hedge indicates 30”o.c. on the plant list, but 24”o.c. as a note on the plan. The landscape plan has been amended to; divide the plant list into the following categories, Trees, Palms, Shrubs and Sod (no groundcover plant material is proposed); Wm myrtle has been added to shrubs; Sod square footage andpercentages have been added; Fakahatchee grass has been removed; the note regarding the Royal Palms has been removed; and the hedge planting note has been amended to reflect a 30” O.C. notation. 11. The water and sewer lines left for the second outparcel that will not be utilized should be removed, or at least stubbed back to the property line. In the current design, they interfere with the landscaping, and prevent a royal palm from being planted in the landscape island. The attachedplans have been amended to reflect that the pipes will be stubbed to allow for the island to be landscaped. The attached landscape plan reflects additional landscaping in the island. G:\PGA NationalKesort Coremen 2007k4# 1Mpplication Ltr.03 1207 .wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 5 12. In comparison to the approved plan for the rest of Mirasol Walk, the proposed landscaping is thin and plain. The area along the south property line contains only sod and a few trees. The landscaping on the opposite side of the road at Suntrust Bank is multilayered and contains many species. In addition, adding the entrance to the parking area at the southeast corner removes offsite common area landscaping that is meant to enhance and balance the appearance of the entrance drive. The southern buffer of the parcel has been re-designed to include several layers ofplant material and to more closely resemble the planting on the other side of the driveway. COMMENTS FROM JAMES BROWN. BLDG OFFICIAL, DATED OCTOBER 12,2007 Certification Comments 1. The sight plan indicates plants in the area of the automated teller Machine. All plants within 50’ of the automatic teller machine shall not exceed 3 feet except that trees trimmed to a height of 10 feet and whose diameters are less than 2 feet in accordance with FBC 3112 and state statues 655.962. The applicant has confirmed that the automated teller machine will be located within the interior of the Walgreens building and is not proposed to have external access therefore it is our understanding that the landscape design will not need to be amended. General Comments 2. Separate permit and application will be required for: paving, drainage, water and sewer improvements, landscaping, irrigation, site lighting, signage, fire sprinkler and fire alarm. The applicant understands and will comply with the City of Palm Beach Gardens’ Building Department requirements for permitting. 3. The mechanical equipment on the roof exceeds 16’. A permanent approved means of access must be provided in accordance with FBC Mechanical 306.5. The extent of which shall be from grade or floor level to the equipment and appliances’ level service space. A roof scuttle access has been provided within the building providing the required access to the rooftop equipment. G:PGA NationalNesort CoreRen 2007\/L4#1\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 6 COMMENTS FROM JULES BARONE. PBG POLICE DEPT.. DATED OCTOBER 03,2007 PROFESSIONAL OFFICE/COMMERCIAL/INDUSTRIAL PUDs 0 Non-Certification Comments 1. Provide natural surveillance throughout the site by: a. b. c. d. e. I. Providing landscaping that does not create hiding spaces. Providing clearly marked transitional zones that indicate movement from public to semi-public through use of brick pavers. Ensuring windows and exterior doors are visible from the parking areas. If practical, designating separate parking area for employees. Ensuring parking areas are visible from windows, and are not blocked by landscaping. Restricting shrubbery to no more than two feet high for clear visibility in vulnerable areas. The applicant will comply, as applicable, with the natural surveillance measures recommended by the police department. Standard Conditions of Approval 2. Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and, shall not conflict with planted landscaping. (Police Department) All on-site lighting will be consistent with the existing metal halide lighting on the remainder of the site. 3. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed”36” in height and high branched trees should be trimmed to seven feet. (Police Department) The landscape design has provided for clear visibility of the doorways, walkways and windows. 4. Prior to the issuance of the first Certificate of Occupancy for the Walgreens building, the Applicant shall provide photocell sensor engaged lighting above or near entryways, four sides of building and adjacent sidewalks for said building. (Police Department) The applicant intends to comply with this requirements. G:\PGA NationalKesort CoreBen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 7 5. Prior to the issuance of the first Certificate of Occupancy for the drug store all non- customer doors(non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all the exterior doors with a minimum one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed-switch or signal locking device to open the door when in the locked position .The entry door should have a holding force of at least 10001bs. Door hinges shall employ non- removable hinges, and the main entrance to the building shall be monitored by a closed-circuit digital camera surveillance system. (Police Department) The applicant will comply with the above requirement or an acceptable alternative, 6. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a stop- work order for the PUD. (Police Department) The applicant will comply with this requirement. 7. Prior to the issuance of the first Certificate of Occupancy for the building, numerical addresses shall be placed at the front and rear of the building. Each numerical address shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source, shall consist of twelve (12) inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear doors of the building shall have an illuminated 6 inch number on or along side the door.(Police Department) The applicant will comply with this requirement. 8. Prior to the issuance of a Certificate of Occupancy for any building, the following security measures shall be installed, and reviewed and approved by the Police Department. a. b. C. d. e. f. a Building shall have an alarm system consisting of motion sensors, door contacts etc. Service doors shall be equipped with metal plate over thresh- hold of the locking mechanism. Interior doors to office, multipurpose and employee room shall have 100 square inch vision panel. Case hardened commercial grade dead bolt locks shall be installed on all exterior doors with minimum of one inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum of five-pin tumblers. Where feasible door hinges shall be installed on interior side of door or non -removable hinge pins or a mechanical interlock to preclude removal of door from the exterior. Exterior pedestrian doors which provide access into parking lot shall be solid core and where applicable emergency doors shall have no exterior handles. Panic hardware shall have self locking mechanism, may have one locking point and shall have a protective astragal attached to the exterior of the door, which will cover G:WGA NationalWesort Coremen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 8 opening between the door and frame, it should extend one inch beyond edge of the door to which it is attached and shall have a minimum 100 square inch vision panel to provide visibility into area being entered. A high resolution color digital video camera system with monitoring and photo processing capabilities shall be installed. Cameras shall be above exit doors, pharmacy and check- out counters, product aisles, photo service area, general stock room and receiving door, all drive thru lanes and any other area deemed necessary to provide for maximum coverage. All hatchway openings to roof shall be secured from inside with a slide bolt or slide bars. outside hinges shall be equipped non-removable pins g. h. The applicant will work with the Police Department to comply with the above requirements, as applicable. COMMENTS FROM SCOTT FETTERMAN, PBG FIRE DEPT., OCTOBER 1,2007 No Comments. COMMENTS FROM BRUCE GREGG, SUA, DATED JUNE 13.2007 No Comments. COMMENTS FROM JIM ORTH, LBFH, DATED OCTOBER 18,2007 Certification Comments 1. 2. The applicant shall identify the limits of construction on the site plan and engineering plan for conformance with Section 78-46 of the LDR. Specifically, the applicant shall clarify the area of work and the match points of the proposed work to existing. The site and landscape plans depict the property line of the proposed site as the delineation of limits of construction, The project engineering construction documents will specifically delineate the edges of the pavement matching existing to new. The applicant shall add the following note to the site plan and engineering plan “All pavement marking and striping, excludingparking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu of paint or thermoplastic material,” in accordance with Section 78-344 of the LDR. A note has been added to the site plan and engineeringplan stating, “Allpavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu ofpaint or thermoplastic material. ”, as requested. G:PGA NationalResort CoreMen 2007\AA#lMpplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 9 a 3. 4. 5. 6. 7. The applicant shall add the following note to the site plan and engineering plan, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2% 7 foot overhang area where wheel stops are notprovided. ”The 2%‘ overhang is to be measured from the back of curb, edge of pavement or back of wheel stop as applicable per Sections 78-315 & 78-344 of the LDR. A note has been added to the site plan and engineering plan stating, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2% foot overhang area where wheel stops are not provided. ’I, as requested. The applicant shall add the following note to the site plan and engineering plan “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modifications shall be approved by the engineer-ofirecord. ‘I A note has been added to the site plan and engineering plan stating, “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any mod$cations shall be approved by the engineer-of-record. ”, as requested. The applicant shall add the following note to the landscape plan, “All trees and landscaping will be field located to avoid conflict with the existing and proposed utilities, light poles, drainage lines and lake maintenance easements.” A note has been added to the landscape plan, “All trees and landscaping will bejeld located to avoid conflict with the existing and proposed utilities, light poles, drainage lines and lake maintenance easements. ”, as requested. The applicant shall show and label the location and pipe material for any roof drains on the engineering plan for conformance with section 78-46 of the LDR. The applicant is advised that the use of RCP, DI, SDR-26 PVC, or C-900 PVC are considered acceptable materials for roof drains, under pavement sections. The engineeringplan has been amended to reflect all proposed locations andpipe materials for all roof drains. The applicant shall clarify if the use of the crosswalks for high points is only to signify drainage ridges, or if they will be designed as speed bumps. If the intent is to elevate them as speed bumps, the applicant shall provide a cross section of the crosswalks extending a minimum 25’ on either side of the crosswalk to show the grade change for conformance with Section 78-46 of the LDR. It is st the intent of the applicant to utilize the crosswalks as speed bumps within the site. The depiction of the high points is specifically to signiJL drainage high points. G:\PGA NationalResort CoreRen 2007\AA#1\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol 8. 9. 10. 11. 12. 13. December 1 1,2007 Page 10 The applicant shall show, label and dimension all existing and proposed access and utility easements, lake maintenance easements (LME), and buffers on the site plan, engineering plan and landscape plan for conformance with Section 78-46 of the LDR. The attachedplans have been amended to depict and dimension all existing andproposedpublic access easements, utility easements and site buffers, as requested. The applicant shall dimension the radii of the curb on the north side of the building for conformance with Section 78-46 of the LDR. The site plan has been amended to include the dimensions of the radii of the curb on the north side of the building, The applicant shall dimension the width of the access walks from the building to the sidewalk for conformance with Section 78-46 of the LDR. The site plan has been amended to include the dimensions of all access walks leading to and from the building. The applicant shall clarify, what appear to be access walks from the building to the sidewalk on the south side of the building on the engineering plan, which is not identified on the site plan or the landscape plan. The applicant shall revise the plans for consistency. The area in question was a planting bed, however, the plans have been amended to revise the design of this area to include the sidewalk connection to Jog Road. All plans have been amended for consistency with regards to the proposed sidewalks. The applicant shall relocate the Accessible Sign Bollard to a point behind the sidewalk, or outside the 2.5’ vehicle overhang where wheel stops are not proposed, for conformance with Section 78-344 and 78-315 of the LDR. The Accessible Sign Bollards have been relocated outside the 2.5 foot vehicle overhang areas, as requested. The applicant shall clarify the intent of the “2.5’ (Typ)” noted within the parking stalls for conformance with Section 78-46 of the LDR. If it is intended to designate the vehicle overhang, the applicant is advised that when wheel stops are not proposed, the vehicle overhang area shall be measured behind the curb. The attachedplans have been amended to remove the note and the area has been redesigned to remove the sidewalk. The proposed overhang is now designated as part of the island. G:WGA NationalNesort CoreKen 2007\AA#lL4pplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 11 14. 15. 16. 17. 18. 19. 20. The applicant shall revise the location of the proposed loading spaces, shown on the west side of the building on the site plan, to permit continuous use of the drive lane for conformance with Section 78-46 of the LDR. The plans have been amended to stack the loading spaces to allow for a 13.7 foot drive aisle. The applicant shall identify a minimum 12 foot drive-by area at the southerly compactor location, on the southwest corner of the building, for conformance with Section 78-46 of the LDR. The area currently scales to be +/- 6 feet. The plans have been amended to allow for a 13.7 foot drive aisle. The applicant shall revise the photometric plan for compliance with Ordinance 26,2006 and the City’s Lighting Regulations, which amends Section 78-182 and Section 78-751 of the LDR. The attachedphotometricplans have been amended to reduce the light levels under the drive through and to maintain the light levels required by the LDR’s. The applicant shall provide the height of the light fixtures on the photometric plans not to exceed 25 feet in height when located in vehicle use areas, and not to exceed 12 feet in height when utilized in pedestrian areas in accordance with Ordinance 26,2006 and the City’s Lighting Regulations. The height of a light fixture shall be measured to the center of the lamp. The PUD approval for the overall shopping center included a waiver to allow the pole heights to exceed 25 feet. The proposed lighting on this site is consistent with the lighting in the overall center and the approved waiver. The applicant shall revise the numeric chart to indicate separate values for the pedestrian areas, vehicle drive areas, parking areas and lot line values. The photometric plan has been amended to separate and calculate the values for the areas requested. The applicant shall identify (draw and label) the extent of each area (i.e. calculation area boundaries) on the plan. The lighting consultant is not clear on how to address this request, and would like to request approval to work with the city to include this information prior to construction plan approval. The applicant shall revise the plans for conformance with City Lighting Regulations; the madmin ratio should not exceed 1O:l. Thephotometric plans have been recalculated and amended to depict the max/min ratio of I0:l or less. G:VGA NationalResort CoreRen 2007\pLA# 1 \Application Ltr.03 1207.wpd Mr. Richard Manero Walgreens @ Mirasol December 1 1,2007 Page 12 21. 22. 23. 24. 25. 26. The applicant shall revise the lighting levels of the drive-thru area for conformance with the vehicle-use area designation of the City’s Lighting Regulations and Ordinance 26,2006, which specify a maximum 10 fcs. The photometricplans have been amended to depict the proposed lighting levels of the drive-thru area in conformance with the City LDRs and Ordinance 26, 2006, as directed. The applicant shall revise the lighting levels shown in the Luminarie Schedule for conformance with the City’s Lighting Regulations, which specifies that the light loss factor should be .72 for metal halide. The photometric plans have been amended to review the lighting levels utilizing the light loss factor of. 72 for metal halide, as directed and as in accordance with the City’s LDRs. The applicant shall show and label existing and proposed (site relative) signage and pavement marking on the site plan and engineering plan, or provide a separate signing and marking plan for the project, for conformance with Section 78-46 of the LDR. The signage shall include; stop signslstop bars, directional, restrictive and caution signage, handicap parking signs, pedestrian crossing signs, and other signage as required or proposed for the site. The site plan and engineering plan have been amended to reflect he existing and proposed signage and pavement markings. A separate signing and marking plan will be prepared and submitted for review and approval with the engineering construction plans. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, to show that all parking spaces shall be double striped. As an alternative to double striping, the City Engineer may authorize the use of contrasting paving materials, such as specialty paver bricks, as a means to identify individual parking spaces for conformance with Section 78- 344 of the LDR. The site plan has been amended to reject the double stripping of theproposedparking spaces as directed and as in conformance with the City’s LDRs, Section 78-344. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, to show the accessible bollard located behind the sidewalk or outside the 2.5’ vehicle overhang (where wheel stops are not proposed) for conformance with Section 78-344 and 78-315 of the LDR. The “Typical Parking Space Detail” on the site plan has been amended to be reflect the proposed accessible bollard location. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, for consistency with the stall dimensions shown on the plan view. The “Typical Parking Space Detail” on the siteplan has been amended to be consistent with the dimensions as shown on the plan. G:\PGA NationalResort CoreNen 2007M#lMpplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 13 27. The applicant indicates on their Site Analysis (Page 4) that two (2) loading spaces are required and that three (3) loading spaces are provided. However, the site plan “Site Data” table and plan view only show two (2) loading spaces provided. The applicant shall revise the documents for consistency. It is our intent to provide for the two (2) required loading spaces. The notation in the Site Analysis was in error and has been corrected. Waiver Requests 1. The applicant is requesting a waiver from Section 78-284 to allow a changeable copy electronic reader board to be part of the sign design. Please note we remain in support of the City’s LDR requirements. The applicant wishes to withdraw the request for the waiver. Included in this submittal is an amended sign without the electronic reader board. Non Certification Comments NOTE: All engineeringhnfrastructure plans are considered conceptual during the planning and zoning review phase and are subject to further review during the final construction review, These non-certification comments shall be satisfied prior to construction plan approval and the issuance of the first land alteration permit. 1. The applicant shall provide a note on the plan stating, “Allpavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu ofpaint or thermoplastic material,” in accordance with Section 78-344 of the LDR. The applicant has amended the site plan to include the statement, “All pavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu ofpaint or thermoplastic material. ”, as requested. 2. The applicant shall add the following note to the plan, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2% 9 foot overhang area where wheel stops are notprovided. ” The 2%‘ overhang is to be measured from the back of curb, edge of pavement or back of wheel stop as applicable per Sections 78-315 & 78-344 of the LDR. The applicant has amended the site plan to include the statement, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2?4 7 foot overhang area where wheel stops are not provided. ”, as requested. G:PGA NationalResort CoreRen 2007\pLA# 1Mpplication Ltr.03 1207 .wpd Mr. Richard Marrero Walgreens @ Mirasol 3. 4. 5. 6. December 1 1,2007 Page 14 The applicant shall provide a note on the plan stating, “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modifications shall be approved by the engineer-ofrecord ’’ The applicant has amended the site plan to include the statement, “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modijkations shall be approved by the engineer-of-record. ”, as requested. The applicant shall add a note to the engineering plan regarding the City’s requirement for the taking of tests to certify the minimum compaction specifications. The City’s specifications shall apply, except where the specific requirements of contract documents or Seacoast Utility Authority are greater. The note shall read, “Density Tests for trenches shall be taken in maximum one (1 ‘)foot l#s, measured from the top ofpipe. The tests shall be taken, at a maximum spacing of every 300 feet measured from the structure, or at least one test at the center of thepipe segment between two structures ifless than 300 feet. Tests shall also be taken, on alternating sides of the structure with each lifr tested The test location at the structure shall be within five (5 3 feet of the structure. The location and denth of all tests shall be clearlv indicated in the description area on the test revort and/or on a location maD which shall be attached to the test reDort. Required testing at structures shall include all inlets, manholes, culverts, vaults, and valves within any paved area )’ The applicant is further advised that the testing lab or engineer-of-record shall certify, on the test report, the lift thickness for all subgrade, base and pavement tests taken for construction. The applicant shall comply with this request at the time ofpermit application. The applicant shall add a note to the plan indicating that “All structure rim elevations shall be set to finished surface grade, unless otherwise specifically noted on the plan.” Where the design proposes that the structure rim shall be set above or below the finished surface grade, the applicant shall show and label both elevations clearly on the plan view. The applicant has amended the site plan to include the statement, “All structure rim elevations shall be set to finished suYface grade, unless otherwise specifically noted on the plan.”, as requested. The applicant shall provide “complete horizontal control of the p roject sufficient to construct the project and determine the dimensions of all site improvements”. The applicant will comply with the requirements for horizontal control of the project at the time of building permit. G:WGA NationalKesort CoreRen 2007\AA# 1 \Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 15 7. Prior to the issuance of the first land alteration permit, the applicant shall provide a copy of the following approved permits, as applicable: SFWMD NPBCID PBC FDOT PBC Health DepartmentIFDEP NPDES The applicant understands and will comply with all applicable permit requirements. 8. The applicant shall indicate the structural numbers for the ‘Asphalt Section (Typ.)’ and the ‘Vehicular Concrete Pavers’ section detail on the Engineering Detail Sheet in accordance with Section 78-499 Table 41 of the LDR. The applicant shall provide a table indicating the layer, material, LBWFBV, material thickness, FDOT layer coefficient; the SN for the pavement section, base section, and subgrade section; and thetotal SN for the total pavement section and the required SN in accordance with the FDOT Flexible Design Manual. The applicant will include the requested structural numbers for the Asphalt Section and Vehicular Concrete Pavers Section detail to the construction plans prior to permitting. 9. The applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the state of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City, prior to the issuance of the first land alteration permit. The applicant understands and will comply with all applicable permit requirements. 10. The applicant shall provide a separate cost estimate for the on-site project improvements, not including public infrastructure, landscaping and irrigation costs (which were previously submitted by the applicant) for review and approval by the City. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first land alteration permit. The applicant understands and will comply with all applicable permit requirements. Becommended Conditions of Approval 1. ‘!Applicant shall copy to the City all permit applications, permits, certifications and approvals. ” (City Engineer) 2. “Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer.” (City Engineer) G:\PGA NationalResort CoreRen 2007k4#1\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol 3. 4. 5. 6. 7. 8. 9. December 1 1,2007 Page 16 “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a cost estimate and surety in accordance with LDR Section 78-309 and 78-461 and a separate cost estimate 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. ’j (City Engineer) “Prior to issuance of the first land alteration permit, applicant shall submit signedhealeadated construction plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. ” (City Engineer) “Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. ” (City Engineer) “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-permit meeting with City staf$” (City Engineer) “Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. ” (City Engineer) “Applicant shall notifv the City’s Public Works Division at least IO working days prior to the commencement of any worWconstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at leastfive working days to obtain a right-of-way permit Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all worWconstruction activity within the public right-of-way and the subject development site. ” (Public Works) Applicant agrees to all the conditions as set forth above. GVGA NationalWesort Coremen 2007\pLA# 1 \Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 17 Should you have any questions regarding the attached materials, or require any additional information, please let me know. S-el y, Principal SP attachments c: Judah Rubin GVGA NationalResort CoreRen 2007L4A#l\Application Ltr.03 1207.wpd _- . . '. '. .-. L , ... .IC 8 a Ti I c I I i j I 1 I I I I 1 ! I ~ i 1 ~ I ~ i I i I I 1 'i i 1 i i I I I I I -I 3. h , I i j I ! I i i i I 1 I I I 1 i I I ! i I i 0 44 LL .. I -+ 7 3z ?6 I P i. ,- ,. .:1 . 00 .e I I- cp hi c" h) -m 00 00 " -1 P I i QY Y 4 0' -uwn I 4 -P u" PnJh 444 nh)w iy c" if ., m Y WLS LIGHTING SYSTEMS WALGREENS @ MIRASOL WALK PALM BEACH GARDENS, FL I I 1 I i i j i I I I I 1 i . i ,', 9 v) F $ 7) z 9 ;o rn LATlTUDE 26' 50' 30" N' A PROPOSED RETAIL BUILDING FOR NAP MIRASOL II LLC, LONGITUDE 80' 08' 06" W TW? 42 RNG 42 SEC 03 PALM BEACH COUNTY, FLORIDA WALGREENS AT MIRASOL WALK ,CONCEPTUAL CIVIL PLAN SCALE: 1" = 20' / CITY OF PALM BEACH GARDENS i I I I I i 1 I I ' 1 I I I I I I 6 i i 9 j ! 9 I i Q i j I I I I 1 I i ! 1 i I I I I i I : E E COMMENTS FROM THE PUBLIC Request to Address City Council 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.