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Agenda Council Agenda 022102
City of Palm Beach Gardens Council Agenda February 21, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello lI. III. IV. V. VI. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 21, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLLCALL ANNOUNCEMENTS: PRESENTATIONS: ITEMS & REPORTS BY MAYOR AND COUNCIL: a.Workshop - Regional Center NOPC - Conditions. CITY MANAGER REPORT: a.Public Information Report. COMMENTS FROM THE PUBLIC: {’For Items Not on the Agenda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the January 17, 2002 Regular City Council Meeting. bo Resolution 188, 2001 - La Posada-Plat. Consideration of approving La Posada-Plat. C°Resolution 28, 2002 - Appointing The Election Officials. Consideration of appointing the election officials for the general election to be held in the City on Tuesday, March 12, 2002. d°Resolution 29, 2002 - Seacoast Utility Easement and Bill of Sale. Consideration of authorizing an easement in favor of Seacoast Utility IX. Authority for the operation and maintenance of water and sewer lines and a bill of sale conveying the water system to Seacoast. PUBLIC HEARINGS: at Ordinance 7, 2002 - Comprehensive Plan Amendment for Northlake Corridor (First Reading). An ordinance of the City Council of the City Palm Beach Gardens, Florida, approving a text amendment to the Future Land Use Element in the City of Palm Beach Gardens Comprehensive Plan regarding a proposed Northlake Boulevard Overlay Zoning District; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 41, 2001 - Banyan Tree PUD (Blood Bank) (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from South Florida Blood Banks for rezoning of 12.64 acres of land located on both sides of MacArthur Boulevard, on the north side of Northlake Boulevard (Parcels 12.04 and 12.05), as more particularly described herein, to a Planned Unit Development (PUD), and the approval of the "Banyan Tree" Master PUD Plan for Phase 1 of the PUD to construct an approximately 40,900 square-foot office building (Blood Bank); providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. RESOLUTIONS: Resolution 166, 2001 - Eckerd at the Promenade. Consideration of approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East Plaza), located within the Gardens East Planned Community District (PCD), on the east side Alternate A1A, approximately 500 feet north of Lighthouse Drive. Resolution 1, 2002 - PGA National Gates/Traffic Control Agreement Amendment. Consideration of approving an amendment to the PGA National Traffic Control Agreement in order to limit vehicular access between the hours of 6:00 PM and 6:00 AM to residents only. Resolution 27, 2002 - Parcel 27.05/.06 Site Plan Amendment. Consideration of approving an amendment to a previously approved site plan for Parcel 27.05/.06 to allow the replacement of a hotel building with three single-story office buildings totaling approximately 27,000 square feet; e2tending condition #9 of Resolution 26, 2000 to the newly added office buildings; and authorizing minor modifications to the exterior buildings of approved structures. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 3, 2002 - Parcel 16 Gables at Northlake (First Reading). ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Gables East Construction, Inc. for approval of a rezoning of an approximately 240.65 acre parcel of land to Planned Community District (PCD) Overlay Zoning with underlying zoning of RL-3 (Residential Low) to allow for 450 multifamily dwelling units, 200 single family units, and 146 assisted living facility units and accessory structures located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard and north of the Beeline Highway, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 10, 2002 - Union Square (Tanglewood) PUD Amendment (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from CSC Tanglewood, Inc., for an amendment of a previously approved Planned Unit Development by approving the exterior renovations of a 542-unit multi-family apartment complex formerly known as "Tanglewood" and proposed to be known as "Union Square" located on the east side of Military Trail, approximately 300 feet south of PGA Boulevard as more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Co Ordinance 11, 2002 - Art In Public Places - Land Development the City of Palm Beach Gardens, Florida, providing for an amendment of Section 78-261, "Definitions," of Division 5, "Public Places," of Article V, "Supplemental District Regulations," of Chapter 78, "Land Development" of the City Code of Ordinances by amending the definition of "development;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: a.Litigation Report. XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, 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. FORM 8B COUNTY, MUNICIPAL, AND OTi- I ~NI ~A~II I.IK~1%AM| ~.111)1)1 t NAM|: MEMORANDUM OF VOTING CONFLICT FOR ER LOCAL PUBLIC OFFICERS NAME OP HOARD. (’[]lINtIf. (’OM MI.%.%ION. AU I IIORI1 ¥. OR (’OMMI]3 1 HI- ~)ARI), COUN~’II_ (’OM~I~ION. AU1 HORII~’ OR COMMII~EE WlIICH I ~ERVE I~ A U~I1 OF: ~~~C~X ~ COUNTY ~ O]HER I.~AI. AG~CY NAME OF ~I.I~CAI. ~U~DIVI~ION: All IN(~~|}t)Kl NN r)^lE ON W’HI~’H VOlt: (X’CIIRRFI)MY POSITION IS: APPOINTIVE WHO MUST FILE FORM 88 This form is for use by an)" person serving at the county, city, or other local Im,’el of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. bbur responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing ;he reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding electixc counts, municipal, or other local public office .MUST ABSTAIN from voting on a measure which inures ’to his special private gain. Each local officer also is prohibited from kno~vingly voting on a measure ~hich inures to the special gain of a principal (other than a go*eminent agency) b) ,ahom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the a~,scmbly the nature of >our interest in the measure on which you are abstaining from voting; ond WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form ~ith the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive count), municipal, or other local public office .MUST ABSTAIN from voting on a measure which inures to his special pri,.-ate gain. Each local officer also is prohibited from knowingly voting on a measure v, hich inures to the special gain of a principal (other than a governmem agency) by whom he is retained. A person holdin~ an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO .MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ¯You should complete and file this form (before making any attempt to influence’the decision) with the person responsible for recording the minutes or the meeting, who will incorporate the form in the minutes. ¯A copy of the form should be provided immediately to the other members of the agency. ¯The form ~hould be read publicly at the meeting prior to consideration of the matter in ,.~hich you have a cont-lict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ¯ You should disclose orally the nature of your conflict in the measure before participating. ¯You should complete the form and file it within 15 days after the vote occurs with the ~rson responsible for recording the minutes of the meeting, who should incorlx~rate the form in the minutes. DISCLOSURE OF LOCAL OFFICER’S INTEREST i, x,J ~s~ ~ ~-- /~’~"~ , hereby disclose that on Z ~, 19~. (a) A measure came or will come before my agency which (check one) ~ inured to my special private gain: or inured to the special gain of , by ~hom l am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Da~e F S’g’~na/l/~re - NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §11 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED B~ ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDU~ION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,@. CE FOR.~ I~i~ - I~I pAG~: 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 21, 2002 Date Prepared: February 14, 2002 Subiect/Agenda Item: Consideration of Resolution 30, 2002, Requesting the adoption of an apportionment plan in which Palm Beach County residents comprise a majority of the constituency in at least three of the Senatorial Districts created. Recommendation/Motion: presented. Staff recommends a motion to approve Resolution 30, 2002 as Reviewed by: City Attorney Finance ACM Other Submitted by: Department Director Originating Dept.: Administration Advertised: [X] Not Required Affected parties [ ] Notified [X] Not required Costs: $. -0- (Total) $-0- Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Cover Memorandum Resolution 30, 2002 [ ] None BACKGROUND Please see attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Honorable Mayor & Council DATE: February 14, 2002 APPROVED: Ron Ferris, City Manage~____~~ FROM: Stacy A. Rundle, Grants/Contracts/ /’ t3 Administrator,~ ] SUBJECT: Resolution 30, 2002 - Florida Senate Reapportionment In the second year following each decennial census, the Florida Constitution Article Ill, Section 16, requires the legislature to apportion the state into specified senatorial and representative districts in accordance with state and federal law. This has been the main focus of this year’s legislative session, which began January 22, 2002. Based upon the 2000 Census data, the current districts do not uniformly provide equal representation for the citizens of Palm Beach County. Since January, the legislature has reviewed several proposed redistricting plans, some of which provided for only one resident senator for Palm Beach County, while counties with smaller populations would have two or more. Currently, proposed plans call for two or three senators for Palm Beach County; however, this is subject to change. It is expected that final redistricting plans will be submitted to the Florida Supreme Court for review in April. The City’s Iobbyist,.Tom DeRita with Re:source Group N.A., is closely following this issue and recommends that the Palm Beach Gardens City Council formally adopt a position in favor of an apportionment plan in which Palm Beach County residents comprise a majority of the constituency in at least three of the senatorial districts created and to advise the Senate Reapportionment Committee of same. Resolution 30, 2002 was prepared for that purpose and staff recommends Council approve this resolution as presented. RESOLUTION 301 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REQUESTING THE ADOPTION OF AN APPORTIONMENT PLAN IN WHICH PALM BEACH COUNTY RESIDENTS COMPRISE A MAJORITY OF THE CONSTITUENCY IN AT LEAST THREE OF THE SENATORIAL DISTRICTS CREATED; DIRECTING THIS RESOLUTION BE FORWARDED TO THE SENATE REAPPORTIONMENT COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the second year following each decennial census, the Florida Constitution Art. III, sec. 16, requires the legislature to apportion the state into specified senatorial and representatives districts in accordance with state and federal law; and WHEREAS, since the United States Decennial Census of 1990, Palm Beach County has evolved into an intensely populated area of unique, well-defined interests; and WHEREAS, the senatorial and representatives districts established in 1992 and based upon United States Decennial Census of 1990 do not uniformly provide equal representation for the citizens of Palm Beach County based upon current census data; and WHEREAS, respecting the boundaries of political subdivisions such as Palm Beach County is a traditional districting principle recognized by the United States Supreme Court; and WHEREAS, any proposed Senate apportionment plan must provide Palm Beach County residents equal representation, and with respect to the County’s geographic boundaries, the Palm Beach Gardens City Council hereby urges the Florida Senate to adopt an apportionment plan that minimizes overlapping of senatorial districts into counties outside of Palm Beach County; and WHEREAS, the City Council has determined the adoption 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Palm Beach Gardens City Council hereby requests that the Florida Senate adopt an apportionment plan in which Palm Beach County residents comprise a majority of the constituency in at least three of the senatorial districts created. -]- SECTION 3: The Palm Beach Gardens City Council hereby directs that a certified copy of this Resolution be forwarded to the Senate Reapportionment Committee. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolutions is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this __day of ,2002. ATTEST: JOSEPH R. RUSSO, MAYOR CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT -2- Florida Senate Districts, 11996 The Fl’ofida Senate .. Co r~rd ~ee,on Re~pponionmem 404 South Monroe Street, ! 03 S~O.B, ~ice: 850/487-5855 Fax: www.leg, sta~e.fl]us/se nazeredistricti ~g | Se~. ator Daniel,,Wcbs~er, Chairman I0. 20 30 Miles Placid Lak= South N Harlem o?ossb Plan SlTSO009.by Sen, Laurent The Florida Senate C_.ommi~tee on Reapportionmeht 404’Sotgh Monroe Street, 1.03 S.O:B. TallahaS~ee~ FL 32399-1100 850/487-5855 Fax :, 850/487~458 w~w]eg. ~le~ fl.us/sehateredistricJing Senator Daniel Webster, L-’hairman I0 20.30Miles FROM :MCSi FLORIDA FAX NO. :9547646B33 Fab. 21 2002 84:17PM P1 1212 ~oulh Andrew~ Ave LauclerOale, FL 3331@1886 IMP4) ~~ Erk: Jabiin C~ of P~lm 8each Gardens PBG, FL MARPMD430 I 8HRM287 4 SHR3930 Pro;~)nel Cas~Recorders 4 Input Mic Mixer Omnld~e~on~l T sblet~p Microphone Pm~x~ Marne: Re~xder ~ Custom~ Phone: S~er, R~: Mmfin Lois S~Ve: U~ $ss2.so $279.00 Sub Total Sales Tax FAX: To’alLY $,~98.00 $1,11 $2276,50 ~136.S9 Th~ quote(ion is vslid for 30 days. 212112002 Central Audio Visual, Inc. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: February 11, 2002 SUBJECT/AGENDA ITEM DRI/PCD-00-01 Regional Center NOPC Workshop: Resolution 81,2001, A request by the Mall Properties Inc., petitioner, to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development of Regional Impact (DRI) to allow certain land-use conversions, roadway reconfiguration, and an increase in the total commercial square footage permitted by the Development Order of the Regional Center DRI. The City Council requested that this petition be brought back for discussion regarding the conditions related to the Menin project/parcels. RECOMMENDATION Review the proposed conditions on Exhibit C of Resolution 81,2001, and provide direction. Reviewed by: Principal Planner "~’~ Talal M. Benothman, AICP City Attorney Finance NA Human Res. NA Submitted I py: Growth~j M~n~ Directo~ ~’~.__~_mL~ Charles K. Wu, AICP Originating Dept.: Growth Management: Project Planner Talal M. Benothman, AICP Advertised: Date: Paper: [] Required [X] Not RequiredComplianceOfficer ~ FINANCE: NA Costs: $o Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯Exhibit C of Resolution 81, 2001 J] None EXHIBIT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DR] MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building and/or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. Retail use other than quality or specialty restaurant shall be designed in .buildings tl-iat are cortnected physically by stracmre~:~muJuI Off _~u~t~t~ IJxct~¢~. ±.z~- PrOhibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. A building permit for a multi-screen theater shall be included within the first 100,000 square feet of retail use to be built. The theater shall be diligently constructed, without owner delay, .until completion. \\Uds_serverWOL 1 \COMMONklobsLRcgionalCenterDRlk27.12qle~aileonversionExC 3~eso812001 .reviscd.020502.wpd LCC35 EXHIBIT A TO RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983.1 Notwithstanding anything to the contrary in the Application for Development Approval ("ADA") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail/Office/Hotel (1), Office/Hotel/Community uses (2), Research/Office/Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any of i~ the Range of Ma×im~m Floor Space Allocations on Exhibit H and restated below a~,,,x~led; and provided that such uses do not intrude into any a~eas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown Exhibit H, except that the final configuration of Victoria Gardens Boulevard (north of Kyoto Gardens and south of Gardens Parkway, with intersections to remain as established by Exhibit H) shall be determined during the site plan review process; and provided further that if the Conversions Rates below are used for the development of retail, said retail development shall occur only on the property located south of Gardens Parkway, north of K¥oto Gardens Drive, east of Alt. A1A, and west of the water management tract. Further any such retail development shall be required to occur in substantial conformity with Exhibit C and Diagrams 1 and 2 of Resolution 81-2001. Any site plan approval by the City shall be deemed consistent with Map H and Exhibit C to Resolution 81-2001. Conversions shall be limited to parcels identified on the DRI Master Plan Exhibit H with a plus symbol ("+"). The remaining 25,000 square feet of retail approved by Resolution 25, 2000 shall be located on property south of Gardens Parkway, north of Kyoto Gardens Drive, east of Alt. A 1 A, and west of the water management tract (identified on Exhibit H with an unfilled asterisk symbol " ~" ) PARCEL 27.12 NOPC LAND USE CONVERSION RATES From R & D Office Hotel Business Office Hotel Intensity lsf. 1 room 1 sf. 1 room To Retail Retail Retail Business Office Intensity 0.435 sf 248.742 sf 0.545 sf 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE Neighborhood Commercial RegionalRetail,Restaurant, Cinema Office - Business Office - Research Serivce .Hotel Residential TOTAL MINIMUM 26,000 sf 1,440,000 sf 1,123,287 sf 73,440 sf 118 rooms/100,300 sf’* 1,813 du/l,813,000 sf* 4,576,027 sf MAXIMUM 26,000 sf 1,640,000 sf 1,210,000 sf 235,200 sf 449 rooms/381,650 sf’* 1,813 du/1,813,000’sf* 5,305,850 sf *Square footage numbers are established as an estimate and may vary from actual development. Room/unit counts will be the actual determinate of the use for both Hotel and Residential categories. All conversions require approval of the City Council through the site plan review process. Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regional Planning Council upon the filing of a development application with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. \\Uds_server\VOL 1 \COMMONklobskRegionalCenterDRl\27.12knohltdocondition I revised.022002.wpd LCC35 EX"Iq’~IT B TO RESOLUTION 81 2001 Tl~. REGION/kL CF_,NTER DRI IVIASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES 1LETA~, & COMhdERCIAL Antique Shop Apphmice and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy (only if not in a free.standing building) Floral or Florist Shop Fruit mid "Vegetable Market Gift mid Card Shop G-roeery Store, Retail ¯ Hobby, Fabric mad Craft Shop Ice Cream Shop Jewelry Store,mcluding Repair of Jewelry and Clocks Restaurant PEtLSONAL SERVICES Bmik/Finaneial In.ration with or without Drive Through Barber / Beauty Shops Dry Cle ng Latmdry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTUR_Z~, ENTERTAIN/vIENT & RECREATIONAL Park, Pubhc Recreation Center, Pubhc OTHER SatelLite Dishes, Accessory NOTES: 1. Any,use not specifically hsted herein may be permitted in the Neighborhood Commercial category of the Regional Center D1LI at the discretion of the City Council. 2. The Neighborhood Commercialcategory of the Regional Center DILI shal~ have a mum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4.Direct vehicular access ,to a Neighborhood Commercial use shall only be permitted on Victoria Gardem (a.k.a West Avenue). \\Ods_servtAC_.AD\Commtm~obsXl~gkmalCamterDP.l~2 7.12~NeighborhoodComm~0 ~ 1 ~.~d . EXtIIBIT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIRIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: o Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building and/or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be flee-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited tmless approved by the City Council Retail use other than quality or specialty restaurant shall be designed in buildings ~at are cot, netted physically by sWacVare and/or by’ pedes~an plaza. Free- standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to .avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to complywith these requirements. A building permit for a multi-screen theater shall be included within the first 100,000 square feet of retail use to be built. The theater shall be diligently constructed, without owner delay, until completion. \\Uds_serv~r\VOL 1 \COMMONklobsh~.egional Cent erDRIL27.12W, etail eonversionExC.P, eso812001 .mvised.020502.wpd LCC35 Public Information Monthly Report January 2002 Public Information Related Activities Television Reports ¯ Channel 25 Report on PGA Flyover Januaryl4, 2002 City Related News Articles ¯ Palm Beach Post - 16 ¯ Neighborhood Post--8 ¯ Weekday-~6 ¯ PGA C.A.N.!--I Press Releases ¯ Arbor Day Celebration ¯ Voting equipment demonstration the week of February 4, 2002 ¯ Notice on web site regarding Camellia Street road repairs ¯ Notice on web site regarding voting equipment February 4-8 Special Event Permits ¯ Nutrition S’mart Customer Appreciation Day January 19, 2002 ¯ Meridian Park Flea Market January 26, 2002 ¯ St. Ignatius Antique Car Show February 2, 2002 ¯ Avakian’s Oriental Rugs Grand Opening February 2-22, 2002 ¯ Phillip Morris Invitational February 16-19, 2002 ¯ 2002 Unified Youth Sports Festival February 23, 2002 ¯ Amara Shrine Circus March 27-31, 2002 Events ¯ Attended and photographed Arbor Day Celebration January 18, 2002 ¯ Attended and photographed Art and Music in the Gardens January 31, 2002 ¯ Supervisor of Elections Office held poll worker training for 429 attendees on January 30, 2002 in the Council Chambers Public Information Proiects ¯ Published monthly edition of City Hall Gazette ¯ Presided over first meeting of the new SPIRIT Team ¯ Attended new voting equipment training at Supervisor of Elections Office January 31, 2002 Citizen Services Related Activities Complaints/Issues/Requests/Inquiries ¯Received and processed 13 complaints through the "One Stop Shop" phone number, 9 have been fully resolved and 4 are still outstanding. ¯There are now a total of 18 outstanding complaints in the Citizen Services Division, broken down as follows: ¯Fire-I ¯Code Enforcement -4 ¯Farks & Rec. -0 ¯Fublic Works-10 ¯Folice Dept.-3 ¯Frocessed, received, collated and filed 33 new (January) complaint forms forwarded from Fublic Works. Entered these complaints into citywide database. ¯Frocessed 44 completed complaint forms from all departments. ¯Maintained both complaint databases that included data entry for 69 new and completed complaints. Neighborhood Program ¯Held one GNA meeting on January 28, 2002 BIG Program ¯Arranged for the placement of 3 pavers sold last month. The total amount collected so far in the program is $26,300.00. Volunteer Program ¯Utilized 26 volunteers for a total of 209.60 hours at a savings to the City of $2,897.18. ¯Processed 2 new volunteer applications. Rapid Response Team ¯Held 2 meetings with staff about code violations at Promenade Shopping Center. Set Public Meeting for February 11, 2002. Sent out Notices to business and residents. ¯Held meeting with staff and residents regarding traffic calming near MacArthur Blvd. Set Public Meeting for February 20, 2002. Sent out Notices to over 1,000 residents. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 17, 2002 The January 17, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tem Carl Sabatello. RE-ORDER AGENDA: Councilmember Furtado moved to re-order the agenda to place Ordinance 5, 2002 immediately following the Consent Agenda. Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. PRESENTATIONS: Eagle Scout: Mayor Russo presented a Certificate of Achievement to Adam Walkover in recognition of his accomplishment of achieving the status of Eagle Scout, Boy Scout Troop 712. Building Official: Mayor Russo read a Proclamation honoring Building Official Jack Hanson upon his 30th year of employment with the City. Councilmember Furtado moved to approve the Proclamation; Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. The Proclamation was presented to Mr. Hanson. Public Information Report: City Manager Ferris requested the report be received and filed. Quarterly Financial Report: Mayor Russo announced that this report ..would be heard at the next meeting. Quarterly/Annual Crime Report: Police Chief FitzGerald presented highlights of the report, and noted the major concern over the past year had been burglaries, which his Department was continuing to address. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported that Gary Carter had contacted her and was thrilled that the City wanted to recognize him, and he would like to do a fundraiser for children in the City. Councilmember Furtado suggested resident Bob Sanders, who had written a book about his years with Mr. MacArthur, be recognized. Vice Mayor Jablin noted banners had been lent to Arti Gras. Mayor Russo reported that Mr. King, TMK Development, the developer of Legacy Place was unable to go forward after his anchor tenant, Jacobson’s, had filed for bankruptcy. Mayor Russo commented he had spoken with Mr. Catalfumo, who was taking over the project, and informed him that the City wanted the project built as approved and if that could not be done because of economics, that he mustcome back to the City Council. The Mayor also reported he had spoken with Commissioner Karen Marcus regarding traffic, and requested staff coordinate traffic issues so that when projects such as Legacy Place and Mirasol did not meet their build-out dates, upon their completion there would not be additional traffic above that originally projected. Mayor Russo reported the Gardens United steering committee was working on their mission statement, which would be completed within 30 days and presented to the full membership. The CITY OF PALM BEACH GARDENS REGULAR MEET/NG, 1/17/02 2 Mayor reported that the Budget Oversight Committee was to meet the next week and he and the City Manager were meeting with legislators to try to get money for the City. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported over 20 residents in her neighborhood had met with Attorney Mathison, who was representing the Blood Bank in the Banyan Tree PUD project, and the residents had understood there would be no median cut onto MacA.rthur Boulevard. Ms. Estrada expressed concern that she had subsequently heard that staff was pushing for a median cut. Growth Management Director Charles Wu reported staff preferred the median for planning purposes; however, it was the City Council’s decision. Mr. Wu explained that traffic concurrency for the project had been based upon a traffic study that included curb cuts, and deleting the cuts would require a new traffic analysis. Discussion ensued. The City Manager and staff were asked to meet with residents and the developer regarding a plan to reduce traffic numbers and speed in the connecting roadways that go through that area. Ms. Estrada indicated the residents on her street did not care about having sidewalks. Councilmember Furtado recalled a decision to use gas tax dollars for sidewalks; however, Mayor Russo indicated citizens did not want tax increases and tax revenue was being reduced. Mr. Wu asked if the traffic study was to be completed before second reading of the Blood Bank project. Mayor Russo indicated it seemed the applicant had gone back on their promise to the residents, and should provide a traffic study. Mr. Wu indicated staff wished to proceed cautiously because of safety concerns. John Inglis, 320 Riverside Drive, expressed the same concerns voiced by Ms. Estrada, requested traffic calming measures such as 4-way stops, speed bumps, and reducing the tonnage on the bridge to discourage using the street as a cut-through, and encouraged City planners to preserve the look of the banyan tree. CONSENT AGENDA: Item (e) Compressor for City Hall was requested to be pulled from the Consent Agenda. Councilmember Clark moved approval of the Consent Agenda with the exception of item (e). Vice Mayor Jablin seconded the motion. The motion carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving the minutes of the December 20, 2001 Regular City Council Meeting. b. Resolution 191, 2001 - Compensation Study. Consideration of adopting a wage and compensation plan for job classifications within the personnel program of the City of Palm Beach Gardens. c. Resolution 12, 2002 - Declaration of Surplus Property. Consideration of declaring certain items of personal property as surplus property and authorizing its sale by auction. d. Resolution 11, 2002 - Auction for Surplus Items. Consideration of authorizing the City Manager to execute an auction agreement with Karlin Daniel & Associates, Inc. f.Resolution 7, 2002 - Frenchman’s Reserve PCD Parcel D-Plat. Consideration of approving the Frenchman’s Reserve PCD Parcel D-Plat. g.Resolution 8, 2002 - Frenchman’s Reserve PCD-Parcel F-Plat. Consideration of approving the Frenchman’s Reserve PCD Parcel F-Plat. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 3 h.Resolution 9, 2002 - Frenchman’s Reserve PCD Clubhouse-Plat. Consideration of approving the Frenchman’s Reserve PCD Clubhouse-Plat. ORDINANCES: Ordinance 5, 2002 - Consideration of approving an application from Sprint Telecommunication for an amendment to the Westwood Gardens/Lakes Planned Unit Development (PUD) to allow for construction of a 125 foot high wireless telecommunication tower, to be located within the Westwood Gardens Section of the PUD located south of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. Growth Management Director Charles Wu presented the project. City Attorney Rubin explained that the reason this was presented for consideration was the code allowed accessory uses within PUD’s of 50 or more acres. Julio Dumas, representing Sprint PCS and the residents of Westwood Gardens, spoke on behalf of the applicant, described the proposed tower and location, requested changes to proposed conditions, and indicated applicant had met setback requirements. Mr. Dumas requested approval of three carriers on this pole, to which Mr. Wu responded the code limited users to two and any additional users would require a waiver. Councilmember Furtado stated for the record she had met with the applicant and with the residents. Vice Mayor Jablin indicated he would prefer more users than less. Mr. Dumas clarified that additional antennas would be internal and would not be visible. Mr. Dumas explained that Sprint PCS was responsible for removing the tower if it was no longer used, that the rent was prepaid in lieu of providing a bond, and Sprint PCS did not object to not putting a flag on this pole or to changing the location of the tower. Mayor Russo expressed concern regarding setting precedent. Mr. Dumas indicated he could provide a list of other locations with towers in residential areas. Council member Sabatello indicated he wished to meet the intent of the code. Councilmember Furtado expressed the viewpoint that she was not comfortable with allowing the City’s tower to be in a residential neighborhood of Lilac and Plant Drive, and not allowing this tower, especially when the residents of Westwood Gardens wanted the tower. Mr. Wu indicated that the code did not allow accessory uses in residential areas, and discussion ensued that perhaps the code should be changed to allow towers. Mr. Dumas commented if the flag went away, no waivers would be required, and the accessory use was permitted by code in a PUD of more than 50 acres. The City Attorney read aloud the applicable section of the code, and commented he considered the intent ambiguous. The City Attorney suggested that even if an accessory use was allowed that the City Council could consider whether another location within the PUD was more appropriate. Mayor Russo asked if this was a permitted use within a PUD; to which the City Attorney responded he did not believe it was a permitted use but under certain conditions could be considered an accessory use. Mike Forestell, Property Manager for Westwood Gardens Homeowners Association, stated he represented the constituency of 699 families in a 137-acre community, and was requesting approval of this request. Mr. Forestell described the proposed flagpole appearance and location, and submitted an amendment to the HOA documents recorded in November 2001 allowing this type tower. Mr. Forestall advised that 100% of those voting had voted to install the tower. Mr. Forestall indicated this tower would provide good cell phone service for 2,000 people, that the income was important to the HOA, that their community was proud to fly the CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 4 American flag over their community, and requested the ability to use the flagpole to signal to the residents danger of flooding during storms. Mr. Forestall clarified that 72% of the Association membership voted for the tower. Phyllis Mumford, 5953 Golden Eagle, indicated the tower was imperative to use for flood warnings and t-hat the residents wanted the tower. Annie Delgado, 5652 Eagle Lake Drive, requested consideration of this request, suggested changing the code, and pointed out this PUD was over 50 acres. Richard Greenfield, 5886 Golden Eagle Circle, commented the tower would not only help this neighborhood but also all the surrounding new development; and if not approved it would appear that the City was looking out for itself and not at what the residents wanted since the City had a tower in a residential neighborhood. Mr. Greenfield commented it had been pointed out this PUD met the requirement for accessory use which should be clarified since all other conditions had been met. George R. Blanck, 12829 Woodruff Drive, congratulated Jack Hanson and indicated he was a former Mayor of the City. Mr. Blanck indicated he believed this to be a win-win situation, emphasized all the homeowners had voted in favor of the tower, recommended the code meet changing conditions, expressed thanks to the City Council for their concerns for the residents, and stated the residents had reviewed those concerns and still felt this was best for them. Eileen Harden, 5616 Golden Eagle Circle, indicated that her job as an on-line teacher on assignment for Palm Beach County School District required her to use her cell phone all day to answer questions from students and she was forced to go outside for every phone call because of the poor cell phone service in this area. Ms. Harden requested if changes in the code were needed that they be made quickly so that she did not have to continue going outside for cell phone calls; and expressed her opinion that the wealthy homeowners in the new development at the comer of Hood Road and Central Boulevard would be concerned when they learned they could not use their cell phones in their own homes. The City Attorney clarified that it was a permitted use to have a cell tower in a residential area, within a PUD of 50 acres or more; the ambiguity was whether it was automatically considered an accessory use or whether there had to be finding that this use in this PUD was an accessory use. Mr. Wu indicated staff’s finding was this was not an automatic accessory use but that they must demonstrate it was an accessory use. Discussion ensued. Mr. Dumas defined the range of the reception as approximately one mile and clarified that the tower would benefit other cell phone reception as well as that of Sprint PCS users. Mr. Wu reported the code required a one-mile separation between towers. Councilmember Furtado recommended moving this petition forward on first reading in order to look at the City’s code Councilmember Sabatello recommended no flag in order not to call attention to the pole. Mayor Russo recommended looking at the maximum of two uses. Council member Sabatello commented that had been established for visible antennas but with stealth technology additional users would not alter the appearance and therefore it would be desirable to have more users. Mayor Russo requested verification that the tower would fall within the setbacks. Mayor Russo requested a workshop on City policy on towers at the next meeting. Councilmember Clark commented a flag would draw attention to the tower, and if there was no flag the pole would not need to be lit at night and a warning light for flooding that could be turned on when needed could then be used. Councilmember Clark commented regarding interpretation of setbacks, that he would be more comfortable with the location farther away from the clubhouse. Mr. Dumas indicated he would provide documentation on whether the location could be changed. Councilmember Clark CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 5 commented that the unanimous support of the residents, the fact that they had taken a vote, and the documentation presented regarding the amendment to the HOA covenants made the job of the City Council easier. Councilmember Clark moved that Ordinance 5, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 5, 2002 on first reading by title only. PUBLIC HEARINGS: Ordinance 38, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 38, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86-117, 86-150, 86- 177, 86-179, 86-181, 86-182, 86-184, 86-193, 86-227 and 86-252; providing for codification; providing for severability; and providing for an effective date - for consideration of second reading. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 38, 2001 be placed on second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerkread Ordinance 38, 2001 on second reading by title only. Ordinance 4, 2002 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading by title only. Principal Planner Talal Benothman presented the amendments for the PGA Boulevard CRALLS. The Vice Mayor questioned if the City would not get the CRALLS ira roadway within the City’s linkage plan was not built. Mr. Benothman responded that as projects came in the necessary roadways must be constructed prior to issuing the first CO. Mayor Russo clarified that if Kyoto Drive did not get built, a lot of the development could not occur. Councilmember Sabatello asked if Commissioner Marcus’ staff had been notified; Mr. Benothman responded he had called her office, the County Transportation Planner, and Mr. Dan Weisberg and advised that this transmittal would be presented tonight, and had heard no objections. Councilmember Sabatello requested more advance notice in the future. Mr. Benothman explained they had also been notified a month ago. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark moved that Ordinance 4, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 4, 2002 on first reading by title only. RESOLUTIONS: Resolution 166, 2001 -. A resolution of the City Council of the City of Palm Beach Gardens, Florida approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East Plaza), located within the Gardens East Planned Community District (PCD), on the east side CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 6 Alternate A1A, approximately 500 feet north of Lighthouse Drive. Growth Management Director Wu presented for consideration the proposed 2-phase project for an Eckerd drugstore at the Promenade in phase 1, and in-line retail in phase 2, and answered questions from the City Council regarding landscaping, traffic, parking, and signage. City Forester Mark Hendrickson reported the Special Master had given six months for the shopping center to correct the landscaping violations in the Alternate A1A median, and he would bring the memorandum of agreement and the new landscaping plan before City Council. Councilmember Sabatello indicated his desire to link the landscaping in the median to this project by a condition requiring the landscaping violations to be corrected before a CO would be granted for this project. Mr. Wu advised that the applicant had agreed to such a condition. Planner John Lindgren reported the former problem with young people hanging out at the plaza had been addressed by the property owner, and Police Chief FitzGerald reported since the curfew had been in place this had been much less of a problem. Traffic circulation was discussed, and the left turn coming in was recommended to become an exit only. Dodi Glas, Urban Design Studio, agent for the petitioner, commented there were multiple entryways into the shopping center to help alleviate the number of vehicles turning into the proposed curb cut. In regard to the parking issue in this location, Ms. Glas discussed parking and noted that an area behind the movie theatre that was now closed would be opened to parking to provide 28 more parking spaces. An on-site management office had been established, with the goal being to bring this center to standards desired by Palm Beach Gardens. Ms. Glas discussed proposed signage and the filled-in fountain that was proposed for a City logo sign. An overview of the security lighting for the Eckerd’s building was provided. Councilmember Sabatello supported the same size lettering for both signs. William Caldwell, Oliver Glidden Architects, clarified building materialsl Ms. Glas indicated she would need to go back to her client regarding changing the location of the curb cut and regarding the signage, and requested if these items were addressed in an acceptable manner that this item be brought back as a consent agenda item. David Wildrick, 3111 Gardens East Drive, #21, reported he lived on the second floor behind the plaza and he and other residents had seen an increase in activity from a couple of the restaurants as well as young people creating havoc. Mr. Wildrick explained that the residents were concerned that delivery trucks for Eckerds would increase the activity behind the shopping center, and commented he had called the police many times and that Swampgrass Willie’s had become a real nuisance to the residents, and the owner did not care about the residents and did not control the noise. Mr. Wildrick reported speeding traffic. Mr. Wildrick indicated he had spoken with the manager of the plaza regarding Swampgrass Willie’s, and with code enforcement. Zachary Berg, property manager of the plaza, commented he had spoken with Mr. Wildrick and with Kelvin Wise of Code Enforcement approximately 6 months ago, and had spoken with the owner of Swampgrass Willie’s numerous times regarding not putting bottles in the dumpster at night, and that the owner appeared cooperative, and he had heard no further complaints. Mr. Berg indicated both children and adults had been warned about trespassing, and the police were called if they came back after being warned. Mr. Berg reported 5 children had gone to juvenile intervention programs and he had heard nothing from Mr. Wildrick or Mr. Wise in at least six months, and expressed his opinion that moving Eckerd’s to the front of the center would eliminate at least half of the trucks in the back. Mr. Berg reported he had heard no complaints regarding the music until tonight, and CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/17/02 7 that the plaza employed security people to patrol during the night. The City Manager indicated staff would meet with Mr. Berg and if needed, the owner of Swampgrass Willie’s, to resolve the situation. Mr. Wildrick commented there had been no further complaints because the residents had been advised by code enforcement that there was no law to address the problem. Mayor Russo commented that perhaps this could be addressed in a neighborly way rather than legally. CONSIDERATION OF ITEM PULLED FROM THE CONSENT AGENDA: (e) Compressor for City Hall. Consideration of removing the existing inoperable compressor and awarding the project to Atlantic Refrigeration in the amount of $20,891.00. The City Manager advised that not all options had been explored to obtain reimbursement, that the City was going ahead with repairs and reimbursement would be sought from the maintenance company. Councilmember Sabatello indicated he would work with staff on this matter. City Manager Ferris recommended approval of the compressor and staff would seek recourse. Councilmember Clark moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carded by unanimous 5-0 vote. CITY ATTORNEY REPORT: The City Attorney advised that Mr. Dennis O’Rourke’s claim against the City had been dismissed, with leave to amend. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 10:25 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK ATTEST: COUNCILWOMAN LAUREN FURTADO CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 11, 2002 Meeting Date: February 21, 2002 Subject/Agenda Item: Resolution 188, 2001-La Posada-Plat ReeommendationlMotion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney Finance ACM Other ~ed by: Assistant City Engineer Originating Dept.: Grov~th Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $ 0 (Total) $, 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None BACKGROUND: See attached memorandum. RESOLUTION 188, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE LA POSADA PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the La Posada Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the La Posada Plat consisting of four (4) sheets dated September 2001, prepared by Brown & Phillips, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 188, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Fur(ado Councilman Clark Councilman Sabatello AYE NAY ABSENT CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Carol Gold-City Clerk Sean C. Donahue, PE ~ February 11, 2002 00-4115 SUBJECT: La Posada Plat We have reviewed the plat for the referenced project prepared by Brown & Phillips, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ P:\PROJECTS\PBGMEMO\4115\4115y PROSPERITY FARMS ROAD CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: February 6, 2002 Meeting Date: February 21, 2002 Subject/Agenda Item: Resolution 28, 2002 - Appointing Poll Workers Recommendation/Motion: Motion to adopt Resolution 28, 2002 Reviewed by: City Attorney ACM Other Submitted by: Department Director Approyed~ by: Originating Dept.: City Clerk Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $ 9,800.00 (Total) $ 9,800.00 Current FY Funding Source: [ x ] Operating [ ] Other Budget Acct.#: 01-0230-512.5295 Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: For the purpose of conducting the General Election to be held in the City of Palm Beach Gardens, Florida, on Tuesday, March 12, 2002, the City Council must designate and appoint Poll Workers. RESOLUTION 28, 2002 1 RESOLUTION 28, 2002 A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 12, 2002; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The following Clerks and Inspectors are hereby designated and appointed by the City Council for the purpose of conducting the General Election to be held in the City of Palm Beach Gardens, Florida, on Tuesday, March 12, 2002: CLERK INSPECTORS CLERK INSPECTORS CLERK INSPECTORS PRECINCT 31 ROSE F. ESPOSITO DELORES GOIONE ANNA DEDOMINICIS TERESA M. HERBERT GENE MULLALY PRECINCT 31A DORRIS M. GORMLEY EVELYN I. ANDERSON MARGARET L. CANNON AUDREY F. FICARRO PAULINE R. HREHOVICK PRECINCT 31B RICHARD E. CAMPION DONOVON R. CARR MELVIN SHUTER NORMAN PLOTSKY GEORGE A. LEAVITT, JR. RESOLUTION 28, 2002 2 PRECINCTS 31C & 31F CLERK INSPECTORS BETTE F. LEVINE ROSE CULLEN MARY B. DAY PHYLLIS MUMFORD EILEEN A. FOLEY PRECINCT 31D CLERK INSPECTORS SUSAN TRENT MARIANNE FOX DAVID ROBINSON RICHARD COOK PRICILLA SALMON PRECINCT 31E MELVYN LEVINECLERK INSPECTORS PHILIP INCAO MARY LATINO SHEILA SCHNEIDER ALICE SALEE PRECINCTS 31G & 47C CLERK INSPECTORS JAMES W. BELTZ JULIA ENGLAND MARTHA PRASNAL MARJORY E. SMITH ELINOR ADAMS PRECINCTS 31H & 47B CLERK INSPECTORS JIM GALLAHER CLARK SCHLOSSER ROBERT J. CHRISTIAN RICHARD E. HOFFMAN RON GERSON RESOLUTION 28, 2002 3 PRECINCTS 42 & 42A ARLISS B. HEATHCLERK INSPECTORS JANE WILEY JULIA HYDRO CAROL DODD LUCY OULLETTE PRECINCT 45 CLERK INSPECTORS CLAUDIA R. BESTLAND PAUL A. BIADASZ ANNETTE G. COURTEMANCHE LAWRENCE O. HARJEHAUSEN EDNA OLSEN PRECINCT 45A CLERK INSPECTORS SALLY B. TRUESDALE ANGELINE SHAFFER ANN DESTEFANIS BARBARA THOMPSON ROSE K. WHITE PRECINCT 47 CLERK INSPECTORS ROBERT J. DOOLEY EUGENE HALPER CARL ANTSFIELD DORIS L. LIGHT MARILY-N RITZ PRECINCT 47A CLERK INSPECTORS DOROTHY C. GALLAHER CAROL/NE H. ANDOLSEN ELIZABETH AMTSFIELD MARIE DOOLEY EDWARD ROSEMA JR. RESOLUTION 28, 2002 4 PRECINCT 47D CLERK INSPECTORS DUCHENSE DENNIS MARILYN GERSON EDWARD JOHNSON MELINDA MANONE GALEY WILLIAM OLSEN SECTION 2. In the event no candidate shall receive a majority of the votes cast in said General Election, a run-off election shall be held on March 26, 2002, and the above officials be and they are hereby designated and appointed by the City Council for said run-off election if such becomes necessary. SECTION 3. In the event any of the above poll workers cannot work at either the March 12, 2002, election or the March 26, 2002, run-off election, another qualified poll worker shall be appointed by the City Clerk. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 21Sa’DAY OF FEBRUARY 2002. ATTEST: JOSEPH R. RUSSO, MAYOR CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY RESOLUTION 28, 2002 5 VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 8, 2002 Meeting Date: February 21, 2002 Subject/Agenda Item: Consideration of Resolution 29, 2002, authorizing the Mayor and City Clerk to execute an Easement and Bill of Sale in favor of Seacoast Utility Authority for water improvements constructed for the Parks and Recreation Equipment Storage Building Recommendation" Approval of Resolution 29, 2002 Reviewed by: City Attorney Submitted by: City Attorney Approved by: City~ Originating Dept: Parks and Recreation Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified "[~Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 29,2002 Easement Bill of Sale Explanation: In order to provide service to the Parks and Recreation Equipment Storage Building, Seacoast Utility Authority is requiring the City to convey certain water system improvements and to execute an easement for the operation and maintenance of such improvements. The bill of sale and easement are necessary to complete this project. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 29, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT IN EAVOR OF SEACOAST UTILITY AUTHORITY FOR THE OPERATION AND MAINTENANCE OF WATER AND SEWER LINES AND A BILL OF SALE CONVEYING THE WATER SYSTEM TO SEACOAST; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, in connection with the construction of the Parks and Recreation Equipment Storage Building, the City constructed certain water system improvements which must be conveyed to Seacoast Utility Authority; and WHEREAS, Seacoast Utility Authority is requiring the City to execute an easement for the operation and maintenance of such improvements; and WHEREAS, the City Council determines that the grant of such easement and the execution of the bill of sale in favor of Seacoast Utility Authority is in the best interests 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute an Easement in favor of Seacoast Utility Authority, attached hereto as Exhibit "A" and incorporated herein, and a Bill of Sale, attached hereto as Exhibit "B" and incorporated herein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS __DAY OF ,2002. ATTEST: MAYOR JOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- Return To: Bruce Gregg Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Florida EASEMENT DEED THIS EASEMENT DEED made and entered into this __ day of ,2002, between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation (hereinafter referred to as "Grantor") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 and Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410. WITNES SETH: That Grantor, for and in consideration of the sum ofTen Dollars ($10.00) in hand paid the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Grantor shall not grant additional easements or other interests in, on, over, under, or across said easement premises without Grantee’s prior written consent, which shall not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee’s utilization and enjoyment of the easement, including the construction, preservation, maintenance or replacement of Grantee’s Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement or impediment which, at any time, interfere’s with Grantee’s utilization and enjoyment of this easement. Grantor hereby covenants with grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. Page 1 of 2 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. GRANTOR: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Attest: Joseph R. Russo, Mayor Carol Gold, MMC, City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH )ss: The foregoing instrument was acknowledged before me this ~ day of , 2002, by Joseph R. Russo and Carol Gold, Mayor and City Clerk, respectively, of the City of Palm Beach Gardens, who are personally known to me and did not take an oath. Notary Signature Print Name Notary Public - State of Florida Commission No.: My Commission Expires: Page 2 of 2 12’ WIDE UTILITY EASEMENT DESCRIPTION FOR SEACOAST UTILITIES AUTHORITY A CERTAIN PARCEL OF LAND IN THE NORTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF PALM BEACH GARDENS MUNICIPAL COMPLEX PROPERTY BEING 12.00 FEET WIDE AND LYING 6.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF 1-95 WITH THE SOUTHERLY LINE OF SAID PALM BEACH GARDENS MUNICIPAL COMPLEX PROPERTY; THENCE NORTH 88°29’39 " WEST ALONG THE SAID SOUTHERLY LINE, A DISTANCE OF 136.97 FEET TO THE WESTERLY LINE OF A 20.00 WIDE UTILITY EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 5880, PAGE 1726 OF PALM BEACH COUNTY RECORDS, SAID LINE BEING THE ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3264.08 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 0°40’55 ", A DISTANCE OF 38.85 FEET (THE CHORD OF SAID CURVE BEARS NORTH 21026’39" WEST) TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT CENTERLINE;THENCE SOUTH 75043’34"WEST,A DISTANCE OF 17.18 FEET; THENCE SOUTH 81°00’44" WEST, A DISTANCE OF 6.22 FEET; THENCE SOUTH85036’45" WEST, A DISTANCE OF 73.26 FEET; THENCE NORTH 0°38’22 " EAST, A DISTANCE OF 36.60 FEET TO THE END OF SAID CENTERLI~E AND EASEMENT. 01-036 SHEET 1 OF 2 END OF CENTERL/NE 6’1 \::=\\ ~POINTOF \ ~ ~ \\ ~ 26’ ~36~ D~ ~5 ,R--32~.08’~ ~ 12 WIDE ~ILI~SEM~ L =~.85’/ C=N21 °2639"VV SHEET2 OF2 LEGEND: C = CHORD R = RADIUS D = CENTRAL ANGLE L = LENGTH OF CURVE POINT OF 136.97’ N88°29’39"W South line of Palm Beach Gardens Municipal Complex propedy JUPITER SURVEYING, INC. 609 N. Hepburn Ave, Suite 206 Jupiter, Florid(] 33458 561-744-4594 PALM BEACH GARDENS STORAGE DATE REV/S/ON B Y EASEMENT SKETCH PREPARED FOR: AHRENS CONPANIES A~pro~d af. J.J.D Date: JAN. 14, 2002 F.B.Owg. No. 01-036UE Return To: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Florida BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as the "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it paid by Seacoast Utility Authority (hereinafter referred to as "Authority"), the receipt of which is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell transfer, set over and deliver unto Authority, its successors and assigns all of those certain goods and chattels described as follows: Potable water lines and sanitary sewer collection lines and/or lift stations and related facilities construction within the right-of-way and/or property of the City of Palm Beach Gardens, which system is more completely described in the attached Exhibit "1 A" and/or "1 B". TO HAVE AND TO HOLD the same unto Authority, its successors and assigns forever. In addition, the GRANTOR hereby warrants said potable water systems and/or sanitary sewage collection systems and/or lift stations and related facilities to be free from defects due to installation and/or materials for a period of twelve (12) months from the date of execution of this document and GRANTOR further agrees to reimburse Authority in full for reasonable and necessary repairs (as determined by Authority), due to said defects during the twelve (12) month period; cost of same shall be set out on an invoice from the person performing repairs. GRANTOR: CITY OF PALM BEACH GARDENS, a Florida municipal corporation Attest: By: Joseph R. Russo, Mayor Carol Gold, MMC, City Clerk Page 1 of 2 STATE OF FLORIDA ) COUNTY OF PALM BEACH )ss: The foregoing instrument was acknowledged before me this __ day of , 2002, by Joseph R. Russo and Carol Gold, Mayor and City Clerk, respectively, of the City of Palm Beach Gardens, who are personally known to me and did not take an oath. Notary Signature Print Name Notary Public - State of Florida Commission No.: My Commission Expires: P:\CPWinLHISTORY~020115A\43F.DE(319.062)lgr-doc222 Page 2 of 2 Project Name /~’~ /z?~.._,/:=: ~ ~:~.~..,, /q_~c~.~.d.~T¢~>~_~ SUA No. Exhibit "1 A" Water System being dedicated to Seacoast Utility Authority. Quantity(i)Material Diameter Unit Unit Price(2)Extended Price /~-/c,Z).._ZZ. ~? "L. ~~’ 7.’-7, ~ ~/~, ~.~ F~e Hydr~t ~sembly (3) ~(~)Make U~t Price(2)Extended Price Back Flow Devices Reduce Pressure Double Detector Check (Fireline) Make l-o ,, Size Model ~7 7 ~- X L Serial 7G -7 Bldg ~ed ~ (1)To ~clude all ma~ material, valves, fi~gs, aft release valve and ma~ole etc. up to eider ~e corp stop/meter (for domes~c/ffriga6on service or backflow device (fire,e). (2)U~t prices sha~ ~clude a~ material and lair as ~stalled. (3)Fife Hydrant assembles sha~ ~clude t~, valves, pipe ~d hydrant. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 21, 2002 .Date Prepared: February 4, 2002 Subject/Agenda Item: Public Hearing and First Reading of Ordinance 7, 2002: Comprehensive plan amendment regarding a proposed Northlake Boulevard Overlay Zoning District A City-initiated request to amend the Future Land Use Element in the City’s Comprehensive Plan to add an objective and a policy to support a proposed Northlake Boulevard Overlay Zoning District for Northlake Boulevard, east of Military Trail. Recommendation/Motion: Motion to approve Ordinance 7, 2002, on First Reading to allow for transmittal to the Florida Department of Community Affairs. " Reviewed by/~~ ¯ City Atto rn ~_~g.~ Finance Other Growth Mgt. Director City~Vlafag~r/ Originating Dept.: Planning Division Advertised: Date: February 14, 2002 Paper: Palm Beach Post [] Not Required Affected parties ~d [ X ] Not required Costs: $ N/A Total $. N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved w~ conditions [ ] Denied [ ] Continued to: Attachments: 1. Ordinance 7, 2002 [ ] None BACKGR(~UND: The City of Palm Beach Gardens is one of four jurisdictions that have executed an inter- local agreement to create a Northlake Boulevard Corridor Task Force to improve the appearance of Northlake Boulevard from Military Trail to U.S. Highway One, a distance of 3.3 miles. The other three jurisdictions are North Palm Beach, Lake Park and Palm Beach City Council Meeting: February 21, 2002 Date Prepared: February 4, 2002 County. The City representatives on the task force consist of one regular member and one alternate member from the City Council and one regular member and one alternate member from the Growth Management Department. The task force has undertaken three projects to date. A conceptual streetscape plan has been completed. Construction plans to implement the streetscape plan are being funded by County Commissioner Karen Marcus and are currently underway. A proposed Northlake Boulevard Overlay Zoning District (NBOZ) is near completion and should approved by the Northlake Boulevard Corridor Task Force in the near future. The consulting firm of Michael Redd and Associates in North Palm Beach has been hired by the task force to complete all three of these projects. The proposed NBOZ is similar to the City’s PGA Boulevard Overlay Zoning District, which has worked well for the City. The NBOZ is to include zoning regulations, architectural design guidelines, landscaping regulations, signage regulations and development standards for all parcels that front on Northlake Boulevard between Military Trail and U.S. Highway One. The task force is scheduled to recommend approval of the proposed NBOZ in the near future. Each jurisdiction on the task force will then be asked to adopt the NBOZ as part of its zoning regulations. The City staff is of the opinion that the City’s Comprehensive Plan needs to be amended to reflect the purpose and intent of the proposed NBOZ. In this regard, the comprehensive plan must be amended before the City’s adopts the proposed NBOZ. PROPOSED COMPREHENSIVE PLAN AMENDMENT The proposed text amendment to the City’s Future Land Use Element is as follows: The City of Palm Beach Gardens is one of four jurisdictions that have executed an inter- local agreement to create a Northlake Boulevard Corridor Task Force to improve the appearance of Northlake Boulevard from Military Trail to U.S. Highway One, a distance of 3.3 miles. The other three jurisdictions are North Palm Beach, Lake Park and Palm Beach County. The City representatives on the task force consist of one regular member and one alternate member from the City Council and one regular member and one alternate member from the Growth Management Department. The task force has undertaken three projects to date. A conceptual streetscape plan has been completed. Construction plans to implement the streetscape plan are being funded by County Commissioner Karen Marcus and are currently underway. A proposed Northlake Boulevard Overlay Zoning District (NBOZ) is near completion and should approved by the Northlake Boulevard Corridor Task Force in the near future. The 2 City Council Meeting: February 21, 2002 Date Prepared: February 4, 2002 PUBLIC COMMENT Notice of this proposed comprehensive plan amendment was forwarded to the countywide Intergovernmental Plan Amendment Review Committee (IPARC) on January 2, 2002. This committee consists of planning directors throughout Palm Beach County. No comments have been received to date as a result of this notice. A public hearing notice for this proposed comprehensive plan amendment is to be published as a display advertisement in The Palm Beach Post on February 14, 2002. Individual notices to the owners of property along Northlake Boulevard are not required by Florida Statutes. However, the Northlake Boulevard Corridor Task Force does provide a periodic newsletter to the affected owners of property along Northlake Boulevard. No owners of property along this section of Northlake Boulevard in Palm Beach Gardens have objected to the proposed overlay zoning district. RECOMMENDATION The Planning and Zoning Commission, sitting as the Local Planning Agency, considered this petition at a public hearing on January 22, 2002, and recommended approval. Staff recommends approval of Ordinance 7, 2002. g:\sc\txt\txt0110cc February 4, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 7, 2002 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT IN THE CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN REGARDING A PROPOSED NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a proposed text amendment to the Future Land Use Element in the Palm Beach Gardens Comprehensive Plan, addressing a proposed Northlake Boulevard Overlay Zoning District, has been prepared and reviewed by City Staff, who have determined that it meets all criteria set forth in Section 163.3184, Florida Statutes; and WHEREAS, on January 22, 2002, the Planning and Zoning Commission, the duly constituted Local Planning Agency for the City, conducted a public hearing and recommended approval and adoption of the subject text amendment to the Palm Beach Gardens Comprehensive Plan; and WHEREAS, the City has requested public input and participation through public hearings before both the Local Planning Agency and City Council, in accordance with Section 163.3181, Florida Statutes; and City’s Beach WHEREAS, the City Council determines that the adoption of the text amendment to the comprehensive plan is in the best interests of the residents and property owners of Palm Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The Future Land Use Element in the City of Palm Beach Gardens Comprehensive Plan is hereby amended to read as follows, with underlining to indicate text to be added and strike-through to indicate text to be deleted: Obiective 1.1.9: The City, in coordination with the Northlake Boulevard Corridor Task Force, shall pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. Ordinance 7, 2002 Page 1 ¯"February 4, 2002 Policy 1.1.9.1: A Northlake Boulevard Overlay Zoning District (NBOZ) shall be adopted in the City’s zoning regulations and shall be depicted on the City’s Official Zoning Map. The NBOZ shall apply to all properties along Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Military Trail. The NBOZ shall address zoning regulations, architectural design guidelines, landscaping regulations, signage regulations and development standards. SECTION 2. The Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other government agencies or departments in accordance with Section 163.3184(7), Florida Statutes, and, together with the City Clerk, to ensure that this ordinance codified as part of the Comprehensive Plan of the City. SECTION 3. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3189(2), Florida Statutes, which requires a 21-day appeal period after issuance of the Notice of Intent by the Florida Department of Community Affairs before becoming effective. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. Ordinance 7, 2002 Page 2 February4,2002 JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCILMEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO COUNCILMEMBER ATTEST: CARL SABATELLO COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY CAROL GOLD, CITY CLERK LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYRO RUSSO VICE MAYRO JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNDILMEMBER SABATELLO AYE NAY ABSENT G:\SC\ORD\TXT0101 Ordinance 7, 2002 Page 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 SUBJECT/AGENDA ITEM PUD-01-09 - Banyan Tree Parcels Second Reading/Public Hearing: Ordinance 41,2001, a request by Steve Mathison, agent for the South Florida Blood Banks, for approval of a planned unit development (PUD) for the Banyan Tree Parcels (Parcels 12.04 and 12.05). The PUD will be constructed in three (3) phases. Phase 1 will include a 40,900 square-foot office building (blood bank). Phases 1 and 2 will be located on the 7.43-acre western portion of the PUD, just west of the MacArthur Banyan Tree (Parcel 12.05). The applicant will be required to obtain future City approval for the specific details of both Phases 2 and 3. The 12.64-acre site is located on the northeast and northwest corners of Northlake Boulevard and MacArthur Boulevard. (18-42S-43E) RECOMMENDATION Staff recommends APPROVAL of Ordinance 41, 2001, with conditions. Reviewed by: Principal Planner Senior Planner/DevelopmentCompliance O~ City Attorney Leonard G. Rubi.p Submitted by:Advertised: Growth Mar~ tr~;~Date: 2/6/02 AdministratOr ~....... Paper: The Palm Charles K. VVQ, AICP Beach Post Originating Dept.: ~ Growth Management: Project .-- //~ %’~Manage~ John Lin’, gi’~ren, ~ Senior Planner Approved by:~"~ ~ City M a n a g ~,~.¢.~-~ Ronald M. Fe~’is/ Not Required Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other. Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/conds. 6-1 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Tables 1 & 2 ¯ Ordinance 41,2001 ¯ Ordinance 17, 1999 ¯ Letter dated 10/1/01 ¯ Waiver justifications ¯11"X17’ Set of Proposed Plans [ ] None City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 BACKGROUND The MacArthur Banyan Tree site is unique, and has historical significance to the City. On May 6, 1999, a historical ordinance (Ordinance 17, 1999) was adopted by the City protect the MacArthur Banyan Tree (see attachment). The Banyan Tree site received waivers from City Council so that a residential component does not have to be included on either the eastern or western parcels; these waivers were granted with the adoption of Resolution 70, 1999 and Resolution 71, 1999 on August 19, 1999. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), and has a future land-use designation of Mixed Use (MXD). The applicant is requesting to rezone the site Mixed Use (MXD) with a Planned Unit Development (PUD) overlay. CONCURRENCY The project received concurrency on June 7, 2000. PROJECT DETAILS Phasinq & Phase 1 Building Site The applicant is proposing three phases of development. This approval will include the phasing for the site and site plan approval for the first phase of the PUD. The applicant will be required to obtain future site plan approval from the City for the second and third phases as amendments to the PUD. For the first phase, the applicant is requesting approval of a 40,900 square-foot blood bank office building that is 3 stories in height, with an additional fourth floor tower element. The building will have a Spanish "S" concrete tile roof, solar bronze glass, and dark bronze window railings. The building walls are made of smooth and textured stucco, "pale honey" in color, and include "dark russet" and "apricot ice" colored banding. Site Access Three (3) access points from Northlake Boulevard and two (2) access points MacArthur Boulevard are proposed to serve the entire PUD. The applicant has requested a waiver for the western most ingress/egress on Northlake Boulevard because of the proximity of the access point to the access drive for the adjacent bank [per Section 78- 508(b)], located west of the PUD boundary. 2 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 Siclnaoe The applicant has requested approval of four (4) ground sign locations for the entire PUD, which requires 2,400 linear feet of public road right-of-way frontage. The PUD has 2,101 linear feet of public road right-of-way frontage; therefore, the applicant is only permitted three (3) ground signs. The applicant has submitted a waiver request (including justification statement) for the waiver for the additional ground sign. Landscaping~Buffering The landscape plan with this petition only addresses the first phase of the PUD. Approval of the landscaping for the second and third phases of the PUD will be done with the PUD amendments for those phases. The number of landscaping points required for the first phase is 5,900.4, and the applicant is providing 5,925.6 points. Drainaqe The legal positive outfall is provided from the PUD to the north into Lake Catherine (for Parcel 12.05), and into the C-17 Canal (for Parcel 12.04). Northlake Boulevard Overlay Zoning (NBOZ) District The Northlake Boulevard Overlay Zoning (NBOZ) District, established to cover Northlake Boulevard from US Highway 1 west to Military Trail, is divided into three districts; the East and West Districts are neighborhood serving, while the Central District services the region. The Banyan Tree PUD is located between Interstate 95 and Alternate A1A, within the Central District. NBOZ District requirements address zoning, land use, architecture, landscaping, site plan issues, signage and outdoor display. The proposed use of a blood bank for Phase 1 would be classified as both an "Office, Business and Professional" and a "Medical or Dental Office or Clinic" in the Land Use Chart of the NBOZ District Design Guidelines. Both of these uses are permitted in the Central District of the NBOZ. The applicant has designed the building in Phase 1 to include the treatments, materials, colors, finishes, and architectural elements listed in the NBOZ District Design Guidelines. In a letter dated October 1,2001 (see attachment), the project architect states that the landscape plan for Phase 1 of the PUD meets all requirements of the NBOZ District Design Guidelines; City Forester Mark Hendrickson concurs with this statement. In terms of signage, the proposed project does not meet the following NBOZ District Design Guidelines (waivers requested): The number of ground signs: The NBOZ District Design Guidelines permit three (3) ground signs [four (4) ground signs proposed]. The height of a wall sign: The NBOZ District Design Guidelines permit wall signs at 3 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 the first floor only [three (3) wall signs proposed just below the fourth floor roof line]. The applicant has also designed the building in Phase 1 to comply with the site plan elements in the NBOZ District Design Guidelines, including screening, building mass and orientation, pedestrian amenities, and setbacks (see table below). The only aspect of the site plan elements in the NBOZ District Design Guidelines that is not complied with is the building height limit of 55 feet. The proposed building in Phase 1 is 41 feet in height, except for the decorative tower feature, which brings the overall height of the building to approximately 58 feet (to mid-point of roof), and will require a waiver. Waivers Code Section Required Provided Waiver Recommendation Section 78-285 (LDRs) - Number Ground Signs Permitted Section 5-6 (NBOZ) - Number of Ground Signs Permitted Section 5-6 (NBOZ) - Height of Flat Wall Signs Permitted Section 6-2 (NBOZ) - Maximum Building Height Section 78-508(b) (LDRs) - Minimum Distance Between a Proposed and an Existing Intersection Maximum of Three (3) Ground Signs for 2,101 linear feet of public road right- of-way frontage First Floor Location Only Maximum of 55 feet Minimum of 150’ Four (4) Below Fourth Floor Roof Line 58 feet -110’ 1 Additional Ground Sign -3 floors 3 feet Support (1) Support (2) Support (3) -40’Deny (4) (1) The applicant has justified the additional ground sign by demonstrating that if the parcels were developed separately (Parcels 12.04 and 12.05), they would be permitted have a total of four (4) ground signs on the parcels (see attachment). In an attempt to unify 4 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 the two parcels so that they compliment the historically significant Banyan Tree, the applicant has applied for approval of the parcels as one (1) PUD. Because of this justification, Staff supports the waiver request for the additional ground sign. (2) Staff also supports the wavier of the height for the tenant wall sign facing Northlake Boulevard, because the tenant wall sign would conflict with the building identification sign at the first floor level, and the sign would not be sufficiently visible (see attached justification statement). (3) Because of the applicant’s justification statement (see attachment), including the that the tower has been created for aesthetic purposes and will not be occupied, and because the building height waiver is only for three feet, Staff supports the applicant’s waiver request for a maximum building height of 58 feet. (4) The applicant’s justification for the western ingress/egress states that it is "imperative for the proper circulation for the Blood Mobiles." However, after analyzing the site plan and the design of the parking for the Blood Mobiles, it is Staff’s professional opinion that it is very unlikely that the Blood Mobiles will use this western ingress/egress. In fact, it is far more likely that the Blood Mobiles will use the other two (2) access points. STAFF RECOMMENDATION Staff recommends APPROVAL of petition PUD-01-09 with the twelve (12) conditions listed in Ordinance 41,2001 (see attachment), and three (3)of the four (4)waivers requested the applicant; however, Staff recommends DENIAL of the following waiver: Section 78-508(b) of the City’s Land Development Regulations (LDRs) that requires a foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 110 feet. Please be advised that Ordinance 41,2001 does not include this waiver. PLANNING & ZONING COMMISSION At its October 23, 2001 meeting, the Planning and Zoning Commission held a public hearing to review this petition. No major concerns were voiced by the Commission or the public in regards to the applicant’s request. The Commission voted 6 - 1 to recommend approval of the applicant’s request per Staff’s recommendation; however, the Commission recommended approval of the waiver request of the 150-foot minimum distance between a proposed and existing intersection, to allow for the western most ingress/egress to the site. The one dissenting vote was cast because that Commissioner Steven Tarr did not believe 5 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 the waiver allowing the western most ingress/egress should be recommended. CITY COUNCIL The City Council reviewed this petition at their November 15, 2001 meeting, and voiced concern regarding the uncertainty of the remainder of the PUD; specifically what would be done in Phases 2 and 3. The City Council passed Ordinance 41,2001 on first reading with a vote of 4 -0; however, the applicant was instructed to provide more detail regarding the future phase(s) of development so that this information could be reviewed as an item discussion at the following City Council meeting (December 6, 2001). At its December 6, 2001 meeting, the City Council reviewed a site plan for Phases 1 and 2; the Phase 2 portion was shown as a conceptual plan, which would be required to come back as a PUD amendment for final approval (as would Phase 3). Concern was also raised regarding the access points onto MacArthur Boulevard, and the possibility that the development of the Banyan Tree PUD could increase traffic to the north, along MacArthur Boulevard, into Plat 1. Restricting or even eliminating the access points onto MacArthur was discussed; however, the applicant’s concurrency was approved with these access points, and the Blood Mobiles for the Blood Bank in Phase 1 would need the western MacArthur Boulevard access point. Furthermore, the Fire Department has stated that these access points are needed for Fire Department vehicles to sufficiently access the site. Finally, these access points are consistent with the conclusions of the Northern Palm Beach County Traffic Summit of maintaining connectivity (Resolution 156, 2001). The applicant has agreed to monitor turning movements at the ingress and egress point to Phase 2, and the median opening in MacArthur Boulevard. The applicant, successors or assigns shall monitor these points twice a year (peak season and off season) for a period of two years after the completion of Phases 1 and 2 to assure there are no substantial detrimental impacts (as determined by the City Engineer) to traffic in Plat 1. The monitoring reports shall be delivered to the City for review. If the monitoring reports indicate such substantial detrimental impacts, as determined by the City Engineer, the applicant, successors or assigns shall conduct such efforts, applications and approvals to modify the ingress and egress point to mitigate such impacts (i.e. a right-turn-out only from Phase 2). Any such revision to the ingress egress point at Phase 2 shall require the applicant, successors or assigns to provide a revised traffic impact analysis to the City for review and approval as to traffic impacts. Likewise, the applicant, successors or assigns shall also conduct the same monitoring program for Phase 3 of the PUD (as required for Phase 2). 6 City Council Meeting Date: February 21,2002 Date Prepared: February 5, 2002 Petition PUD-01-09 List of Permffted and Conditionally Permitted Uses To further strengthen the quality of development on the Banyan Tree PUD, the applicant proposes the following list of permitted and conditionally permitted uses. Any conditionally permitted use will be required to gain City Council approval in the future, and as part of their approval, will have to show how they are harmonious with the existing uses on site. BANYAN TREE PUD LIST OF PERMITTED & CONDITIONALLY PERMITTED USES (* = conditional use) RETAIL & COMMERCIAL Appliance and Electronic Store Bakery Barber/Beauty Supplies and Equipment Sales (no wholesale; retail only) Bicycle Sales and Repair Bookstore Clothing and Accessory Store Consignment Shop (no discounted goods) *Drugstore or Pharmacy, General* Drugstore or Pharmacy, Ltd. Floral or Florist Shop (Retail Only) Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail (specialty; under 20,000 square feet) Hardware, Paint, Glass, Wallpaper and Floor Covering Store Hobby, Fabric, and Craft Shop Jewelry Store, including Repair of Jewelry and Clocks Medical and Dental Supply Sales (no wholesale; retail only) Pet Grooming Shop (no boarding) Pottery Shop Restaurant, General Restaurant, Specialty Restaurant, Quality Restaurant, Take Out (no drive through; pick-up window permitted) Retail, General PERSONAL SERVICES *Bank/Financial Institution w/Drive Through* Bank/Financial Institution w/o Drive Through Barber/Beauty Shops 7 *Blueprinting* Catering Service Clinic, Medical or Dental Clinic, Veterinary Data Processing Service Day Care, Child and Adult Electronic Repair Express or Parcel Delivery Office *Extermination Service* *Funeral Home* Health, Physical Fitness, Weight Reduction, and Spa Laboratory, Dental, or Medical Laundry and Dry-Cleaning Pickup Station Locksmith Mail and Packing Store, Private Personal Services Picture Framing Photo Studio and Processing Print Shop Shoe Repair Studio, Instructional Studio, Professional Tailor Shop Travel Agency Video Rental and Sales OFFICE Employment Office Interior Design, including Sales Office, Medical or Dental Office, Professional and Business Optical, Optician or Optometrist Offices Veterinary Office and Clinic (no boarding) PUBLIC AND INSTITUTIONAL Post Office Post Office, Accessory Schools, Public and Private City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 CULTURAL ENTERTAINMENT AND RECREATIONAL Art Gallery and Museum, Public or Private Club or Lodge, Private *INDUSTRIAL AND MANUFACTURING* *Laboratory, Industrial R&D (not heavy industrial) *Printing and Publishing (not heavy industrial) NOTE: Industrial and Manufacturing uses shall not use noxious chemicals or odor producing chemicals and/or equipment. These uses shall emphasize technology, laboratory research and testing, medical research and testing, and high tech publishing that uses modern printing and replication technologies (i.e.: digital scanning). OTHER Accessory Uses Satellite Dishes, Accessory g~ohn: pud0109.cc3 9 City Council Meet|rig Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 EXISTING USE Subject Property Banyan Tree Parcels North Lake Catherine & Lake Catherine Sports Complex South Costco, Wendy’s, Northlake Executive Park, & Sports Authority West Sun Bank (Unincorporated Palm Beach County) East Pep Boys ’ZONING LAND USE Planned Development Area (PDA) Residential Low Density- 2 (RL-2) with a Planned Unit Development (PUD) overlay & Public or Institutional (P/I) General Commercial (CG-1) with a Planned Unit Development (PUD) overlay (Costco only) Mixed Use (MXD) Residential Medium (RM) & Recreation Open Space (ROS)t General Commercial (CG) & Special Use (SE) Commercial (C) General Commercial (CG-1) Commercial (C) 10 City Council Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 Code Requirement Site = Mixed Use (MXD) Minimum Building Site Area for PO: None Minimum Site Width for PO: 100 feet Minimum/Maximum Land Allocation for MXD (under PO): 2% - 60% Maximum Building Lot Coverage for MXD (under PO): 70% Minimum/Maximum Building Height for MXD: 2 - 4 stories Proposed Plan Office Yes 6.8 acres Yes -305 feet for Phase 1 27.7% 11.3% 58 feet / 4 stories for Phase 1 Consistent? Yes Yes Yes Yes Front Setback for PO:152 feet Yes 25 feet Side Setback for PO:96 feet Yes 27 feet Side Setback Facing a N/A N/A Street for PO: 27 feet 202.6 feet YesRear Setback for PO (when abutting residential): 90 feet 11 February 21,2002 ORDINANCE 41, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SOUTH FLORIDA BLOOD BANKS FOR REZONING OF 12.64 ACRES OF LAND LOCATED ON BOTH SIDES OF MACARTHUR BOULEVARD, ON THE NORTH SIDE OF NORTHLAKE BOULEVARD (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY DESCRIBED HEREIN, TO A PLANNED UNIT DEVELOPMENT (PUD), AND THE APPROVAL OF THE "BANYAN TREE" MASTER PUD PLAN FOR PHASE 1 OF THE PUD TO CONSTRUCT AN APPROXIMATELY 40,900 SQUARE-FOOT OFFICE BUILDING (BLOOD BANK); PROVIDING FOR CONDITIONS APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-09) from the South Florida Blood Banks for approval of the "Banyan Tree" Master Planned Unit Development (PUD) Plan and the first phase of the PUD located at the northwest (Phases 1 and 2) and the northeast (Phase 3) corners of Northlake Boulevard MacArthur Boulevard, so as to construct a 40,900 square-foot office building (Blood Bank) on the western portion of the 7.43-acre Parcel 12.05, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the list of approved and conditionally approved uses for Phases 1,2 and 3 of the Banyan Tree PUD are listed in Exhibit "B" attached hereto; and WHEREAS, the approvals of Phases 2 and 3 of the "Banyan Tree" PUD Master Plan shall be done as future amendments to the "Banyan Tree" PUD approval, including review by the Planning and Zoning Commission and City Council; and WHEREAS, the Growth Management Department has recommended approval of the rezoning of Parcels 12.04 and 12.05 and the "Banyan Tree" Master PUD Plan for Phase 1; and WHEREAS, on October 23, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers, subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of Parcels 12.04 and 12.05, as more particularly described in Exhibit "A" attached hereto, to a PUD, and a master planned unit development (PUD) plan known as the "Banyan Tree" PUD for Phase 1 of the PUD to permit the construction of an approximately 40,900 square-foot office building (blood bank) on the western portion of Parcel 12.05. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 7. 8. 9. 10. 11. Prior to the issuance of the first building permit, the applicant shall meet all of South Florida Water Management District’s (SFWMD) requirements, which includes the certification of the Lake Catherine project, and submit to the City a SFWMD permit or a letter of approval for the Blood Bank’s surface water management system. The SFWMD approval shall include approval of the water quality, site storage calculations (shall be consistent with the assumption made for the Lake Catherine permit issued in 1990), and stormwater discharge requirements. (City Engineering) Prior to the issuance of a certificate of occupancy, the applicant shall place $8,400 into an escrow account for its share of the beautification of the Northlake Boulevard road shoulders and median adjacent to Phase 1 of the Banyan Tree PUD. The money placed into escrow for the beautification of the road shoulders and median adjacent to Phases 2 and 3 shall be addressed when these phases request development approval. (Planning and Zoning) Construction access for Phases 1, 2 and 3 shall only occur from Northlake Boulevard; no construction access shall be permitted from MacArthur Boulevard. (Code Enforcement) The applicant shall work with the City to address the MacArthur Boulevard right-of- way drainage during the development of Phases 2 and 3 of the PUD. (City Engineering) All lighting shall be metal halide. (Police) Landscaping shall not conflict with lighting (including long term tree growth). (Police) The rear door shall be equipped with a peephole viewer. (Police) All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police) Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. (Police) A timer clock or photocell sensor engaging lighting above or near entryways/exits shall be provided. (Police) 2 Ordinance 41,2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 12. 13. 14. 15. 16. 17. 18. The building shall have an alarm system. (Police) Numerical addresses on site shall be illuminated for nighttime visibility, and shall have bi-directional visibility from the roadway. (Police) The sidewalk along Northlake Boulevard for Phases 2 and 3 of the PUD shall continue the meandering path that has been established in phase 1. (Planning & Zoning) The sidewalk and the right turn lane along Northlake Boulevard into Phases 1 and 2 shall be constructed with Phase 1. (City Engineering) The architecture for Phases 2 and 3 shall contain compatible treatments, styles, materials, and colors as those approved in Phase 1, including vertical elements such as towers or design elements, smooth and textured painted stucco surfaces, cement tile roofing, multi-paned windows of mixed design (flat head and arched heads), dormer windows or other similar treatments, railings, Iouvered shutters, awnings, and entry porticos and building interconnections. (Planning & Zoning) The site layout for Phases 2 and 3 shall reflect and respect the uniqueness of the Banyan Tree in the MacArthur Boulevard median by employing best urban design and site planning techniques that emphasize the urban space, pedestrian quality and city entryway feature. The design of Phases 2 and 3 shall include, but not be limited to, the following principles: a. Appropriate spacing and location of buildings that adequately frame the open space in and around the Banyan Tree area; b. Sensitive building massing and bulk that do not overshadow the Banyan Tree; c. Proper symmetry of site design and architectural treatments for areas immediately adjacent to the Banyan Tree; d. Full integration of the Banyan Tree open space with the site design of Phases 2 and 3 oriented toward the Banyan Tree. This area is not appropriate for the location of excessive asphalt pavement, dumpsters, intrusive signage, and loading areas. e.Careful consideration may include but is not limited to street furniture, landscape enhancements, accent lighting, public art, and open space that enhances the pedestrian environment in and around the Banyan Tree. (Planning and Zoning) The applicant, successors or assigns shall conduct monitoring of the turning movements at the ingress and egress point to Phase 2 from MacArthur Boulevard, and the median opening in MacArthur Boulevard. This monitoring shall occur twice a year (January 15th - peak season, and July 15th - off season), and shall continue for a period of two years after the issuance of the final certificate of occupancy for Phases 1 and 2. The monitoring reports shall be delivered to the City for review by February 1st and August 1st, and if a monitoring report indicates such substantial detrimental impacts, as determined by the City Engineer, the applicant, successors or assigns shall conduct such efforts, applications and 3 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 19. 20. 21. approval to modify the ingress and egress point to mitigate such impacts (i.e. permitting a right-turn-out only from Phases 1 and 2 onto MacArthur Boulevard). (City Engineering) The applicant, successors or assigns shall conduct monitoring of the turning movements at the ingress and egress point to Phase 3 from MacArthur Boulevard, and the median opening in MacArthur Boulevard. This monitoring shall occur twice a year (January 15th - peak season, and July 15th - off season), and shall continue for a period of two years after the issuance of the final certificate of occupancy for Phase 3. The monitoring reports shall be delivered to the City for review by February 1st and August 1st, and if a monitoring report indicates such substantial detrimental impacts, as determined by the City Engineer, the applicant, successors or assigns shall conduct such efforts, applications and approval to modify the ingress and egress point to mitigate such impacts. (City Engineering) Phase 1 of the PUD shall be limited to no more than 41,000 square feet of office space (without a bank) and Phase 2 shall be limited to 38,500 square feet of retail space, as referenced in the August 21, 2001 Traffic Equivalency Statement prepared by Yvonne Ziel Traffic Consultants, Inc. Phase 3 shall be limited to 27,000 square feet of retail use and 25,000 square feet of office use, as referenced in the April 19, 2001 Traffic Impact Analysis (Parcel 12.04) prepared Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in the future through amended traffic analyses or traffic equivalencies prepared by the applicant, successors or assigns, and approved by the City. (Planning & Zoning) The build-out date for this project is December 31,2002, as referenced in the April 19, 2000 Traffic Impact Analysis (Parcel 12.04) and the April 24, 2000 Traffic Impact Analysis (Parcel 12.05) prepared by Yvonne Ziel Traffic Consultants, Inc. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: Section 78-285 of the City’s Land Development Regulations (LDRs) and Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines that limit the number of ground signs to three (3) for 2,101 linear feet of public road right-of-way frontage, to allow for a fourth ground sign on the site. Section 6-2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits the height of a building to 55 feet, to permit a maximum building height of 58 feet. Section 5-6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that requires a flat wall sign to be located at the first floor level, to allow for one (1) flat wall sign immediately below the fourth floor roof line. SECTION’ 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management 4 Ordinance 41, 2001 Meeting Date: February 21,2002 Date Prepared: February 5, 2002 Petition PUD-01-09 Department (dates represent the date plans are received and stamped in): 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Master PUD Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 01. Site Plan by JeffreyA. Ornstein, P.A. and date stamped (October 24, 2001)into the Planning and Zoning Division, sheet 1. Detail Sheet by JeffreyA. Omstein, P.A. and date stamped (October 2, 2001 ) into the Planning and Zoning Division, sheet la. First Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (September 12, 2001) into the Planning and Zoning Division, sheet 2. Second Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 3. Third Floor Plan by JeffreyA. Ornstein, P.A. and date stamped (August 24, 2001 into the Planning and Zoning Division, sheet 4. Roof Plan by JeffreyA. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 5. Transverse Section ’A’ Plan by Jeffrey A. Omstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet South and East Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001 ) into the Planning and Zoning Division, sheet 15. North and West Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 16. Landscape Development Plan by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped (October 15, 2001 ) into the Planning and Zoning Division, sheet L-1. Landscape Specification Sheet by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet L-2. Site Lighting Plan by Chane, Inc. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet SL1. Conceptual Irrigation Plan by Gentile Holloway O’Mahoney & Associates, Inc. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet IR- 1. Site Engineering Plan by Tom McCarthy and date stamped (October 2, 2001 )into the Planning and Zoning Division, sheet 1 of 1. Traffic Impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, Inc. and dated April 19, 2000. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated April 24, 2000. Traffic Equivalency Statement (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated August 21,2001. 5 Ordinance 41,2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15th DAY OF NOVEMBER 2001. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2O02. 2002. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 6 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 ABSENT g/john: pud0109.or3 7 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petltlon PUD-01-09 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 12.04 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE ¼) of said Section 18, lying Westerly the West right of way line of the C-17 Canal; lying Southerly of the South line of that certain parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right of way line of Northlake Boulevard. LEGAL DESCRIPTION: PARCEL 12.05 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE ¼) of said Section 18, lying Westerly the West right of way line of MacArthur Boulevard, formerly Gardens Boulevard as described in Official Records Book 1332, page 6 and Official Records Book 6738, page 43; lying Southerly of the South line of that certain parcel of land described in Official Records Book 6356, at page 1768; and lying Northerly of the North right of way line of Northlake Boulevard. 8 Ordinance 41,2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD-01-09 EXHIBIT "B" BANYAN TREE PUD LIST OF PERMITTED & CONDITIONALLY PERMITTED USES (* = conditional use) RETAIL & COMMERCIAL Appliance and Electronic Store Bakery BarbedBeauty Supplies and Equipment Sales (no wholesale; retail only) Bicycle Sales and Repair Bookstore Clothing and Accessory Store Consignment Shop (no discounted goods) *Drugstore or Pharmacy, General* Drugstore or Pharmacy, Ltd. Floral or Florist Shop (Retail Only) Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail (specialty; under 20,000 square feet) Hardware, Paint, Glass, Wallpaper and Floor Covering Store Hobby, Fabric, and Craft Shop Jewelry Store, including Repair of Jewelry and Clocks Medical and Dental Supply Sales (no wholesale; retail only) Pet Grooming Shop (no boarding) Pottery Shop Restaurant, General Restaurant, Specialty Restaurant, Quality Restaurant, Take Out (no drive through; pick-up window permitted) Retail, General PERSONAL SERVICES *Bank/Financial Institution w/Drive Through* Ban~Financial Institution w/o Drive Through Barber/Beauty Shops *Blueprinting* Catering Service Clinic, Medical or Dental Clinic, Veterinary Data Processing Service Day Care, Childand Adult Electronic. Repair Express dr Parcel Delivery Office *Extermination Service* *Funeral Home* Health, Physical Fitness, Weight Reduction, and Spa CONTINUED NEXT PAGE 9 Ordinance 41,2001 Meeting Date: February 21,2002 Date Prepared: February 5, 2002 Petition PUD-01-09 Laboratory, Dental, or Medical Laundry and Dry-Cleaning Pickup Station Locksmith Mail and Packing Store, Private Personal Services Picture Framing Photo Studio and Processing Print Shop Shoe Repair Studio, Instructional Studio, Professional Tailor Shop Travel Agency Video Rental and Sales OFFICE Employment Office Interior Design, including Sales Office, Medical or Dental Office, Professional and Business Optical, Optician or Optometrist Offices Veterinary Office and Clinic (no boarding) PUBLIC AND INSTITUTIONAL Post Office Post Office, Accessory Schools, Public and Private CULTURAL ENTERTAINMENT AND RECREATIONAL Art Gallery and Museum, Public or Private Club or Lodge, Private .*INDUSTRIAL AND MANUFACTURING* *Laboratory, Industrial R&D (not heavy industrial) *Printing and Publishing (not heavy industrial) NOTE: Industrial and Manufacturing uses shall not use noxious chemicals or odor producing chemicals and/or equipment. These uses shall emphasize technology, laboratory research and testing, medical research and testing, and high tech publishing that uses modern printing and replication technologies (i.e.: digital scanning). OTHER Accessory Uses Satellite Dishes, Accessory 10 February 25, 1999 March 29, 1999 April 5, 1999 April 19, 1999 ORDINANCE 17, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 118-307 OF THE CODE OF ORDINANCES, ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING CITY COUNCIL DESIGNATION AS A THIRD CRITERIA TO DESIGNATE A SITE OF HISTORICAL AND ARCHAEOLOGICAL ¯ SIGNIFICANCE IN THE CITY, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND/OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 118-312 OF THE CODE OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain language enabling the City Council to designate a site as historic or archaeologically significant; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; WHEREAS, the original early 1960’s entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970’s and early 1980’s; Ordinance 17, 1999 Page 2 WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree and restore the original entryway features (including fountains, pools, and vegetation) because of their historic value to the community; and Whereas, on March 23, 1999 the Planning and Zoning Commission sitting as the Land Development Regulation Commission found the subject revisions to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118-307 of the City’s Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added words underlined; deleted words ^" ...." ¯ Sec. 118-307. Historical and archaeological sites. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1)A site located in the city City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2) A site located in the eity City that is listed in the state master site file maintained by the =- ........* ^’^"^^^’^-’~’ .......’~=’~°~’ ’~’ =’~"’=’~’~"-’u’~’=’ ,~o~=,,,h Bureau of ^ ^’^’^ Department of State. AnyArchaeological Research, d~pa,-t,m,~nt ~,f o,,=,~ development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing state and federal regulations. (3)A site that is located in the City that has been officially designated by City Council as a historic and/or archaeological site. In making such a designation, City Council shall consider, but not be limited to, the following criteria: a. The significance of the site as a landmark; and/or b. The role of the site in the City’s history or archaeological past. Ordinance 17, 1999 Page 3 The City shall encourage that these sites be maintained in their historic, and/or archeologically significant state, and not be altered, threatened, or removed. (4)The following is a list of the sites which have been designated as historic, and/or archaeological sites per the standards herein: 1__,.MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. SECTION 2, Section 118-312 of the City’s Code of Ordinances is hereby enacted, as follows: Sec. 118-312. MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960’s, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. Sometime in the early 1960’s, decorative fountains and pools were added in the areas immediately to the east and west of the MacArthur Banyan Tree. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations, and to restore the landscaping concept surrounding the tree (including the theme of the early 1960’s pools, fountains, and vegetation). (b) Protection zone established. The MacArthur Banyan Tree Historic Oveday Protection Zone is hereby established and shall encompass the area located within 200 feet of the dripline of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. ( c ) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not limited to, the following: Ao Killing or removing the MacArthur Banyan Tree (the "Tree"). Damaging the body of the Tree or its root structure through modifications of existing drainage patterns, water table, hydroperiod, or existing grade. road, Ordinance 17, 1999 Page 4 C.Causing the Tree or its branches to come in contact with any structure, vehicle, or utility facility. (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Histodc Overlay Protection Zone shall not be considered complete unless submitted with a comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed clearing or development on the MacArthur Banyan Tree. The City may, in its discretion, obtain an independent analysis at the applicant’s expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the Tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved by the City Engineer). (6) No utilities (above ground or below ground) shall be permitted above or within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial gateway design to the entrance of the City at that location, on both sides of MacArthur Boulevard, including the use of fountains, pools, and intense landscaping and vegetation, and be of an overall area sufficient to complete the design statement at the entry in the opinion of the City Staff and City Council. (d) Enforcement. The City shall enforce violations of this section by any and all means available. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. Ordinance 17, 1999 Page 5 SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. ,SECTION 5. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15TH DAY OF APRIL, 1999. PLACED ON SECOND READING THIS 6TH DAY OF MAY, 1999. PASSED ,a~lD AD_OPTE,,O THIS 6TH DAY OF MAY, 1999. ~ I_~UI~IEN FURTA60-, ViC~E MAYOR ER~~IN~" C.E~UI (~/IL MEMBER DAVID CLARK, COUNCIL MEMBER ATTEST:APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK ANI~SUFFICIENCY: ~__.~,~27, ~ 7~ ~//"ZL~~~ "OfI’YATTORNEY~ VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER SABATELLO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK A.~, NAY ABSENT g/short mactree or9 GENTILE " i~he{p~oject ...... -~.. ! .4::":¯The¯project ~ .~"::.requirements iiSo-.no{i~d: tbat;"meet G.LAI.. JeffOrnstpin ~, .,/:,, " Mr. Stephen S: Mathison, .P~ George G. Gentile. FASLA M. Troy Holloway,A.SLA Era. ily O~4ahogey. ASLA 1907 C~nmerce Lane. Suite 101 ¯Juplte#. ~lorida 33458 ¯ 561-575- .9557 ’-561-575-5260 FAX ¯ .. ww~land.~tc.apc-ar’c, hitecr.s.com ii ,-,, :’-,, reed t°l ’ .......... cooperate with,,,:, -." " ~ "",,~ : -":t",..~ . .~"~i~her our ~.. ....:~’t. sed.on c£mpliance ~i{~]1 ’ )ecies.. . - ~rk!ng area landscape’ foundation p ant ng reqt~irements. rem@nts as may lion. REQUEST FOR WAIVER AND JUSTIFICATION The applicant South Florida Blood Banks hereby requests a waiver from the strict application of the Palm Beach Gardens Land Development Regulations pertaining to wall signage for the new administrative offices proposed to be constructed on Northlake Boulevard on the westem portion of Parcel 12.05 which is the first phase to be developed for the Banyan Tree P.U.D. As justification, the applicant would state that it is requesting a waiver for two additional wall signs on the east and west sides of the mechanical equipment tower as specifically depicted on the South Florida Blood Bank facility plans submitted by Architect Jeffrey A. Ornstein. The signs which are the subject of the requested Waiver will be identical to the sign on the south of the mechanical equipment tower. There will be no signage on the north side of the building facing adjacent residential areas. The wall signs which are the subject of this waiver request will total a maximum of 90 square feet if all three signs are approved. As justification for the Request For Waiver, the applicant would respectfully submit that the Blood Bank is a community serving entity. Blood donors and other people interested in volunteering with the blood bank should be afforded maximum opportunity to identify the facility as they approach from either the west or the east on Northlake Boulevard. The requested signs are being constructed in a manner so as to have no impact on adjacent residential areas. As previously stated by Architect JeffOmstein, South Florida Blood Banks has cooperated with city staff in providing a meandering sidewalk through the front landscape buffer of the property and orientation of the facility to the south bringing the project more in line with staff’s vision of the entrance to the City. South Florida Blood Banks is also providing the public with a meeting place for public meetings thus reinforcing the community serving nature of the facility and the need for readily identifiable signage for members of the public traveling east or west on Northlake Boulevard. Based upon the above stated justifications, applicant respectfully requests a waiver so as to allow the above described signage. Applicant is requesting no other waivers from the city’s codes and ordinances. City of Palm Beach Gardens Page 2 October 2, 2001 The Site Plan depicts the west side of the site, including the bm~k at Page 01. The Site Plan depicts a revised meandering sidewalk at Page 01. The Site Plan has been revised to depict the approved square footages on Phases 02 and 03 on Sheet 01. The .Site Plan has not been revised to delete the westernmost entrance at this time. Our Consulting Engineer is endeavoring to obtain additional information supporting the permitability of this ingress and egress. I would respectfully request that the matter be considered as a "waiver" request, in addition to the only waiver previously requested (wall signage). As justification for the waiver, it my understanding that the additional point of ingress and egress is imperative for the proper circulation for the Blood Mobiles which are an integral part to this community-serving facility. The Site Plan has been amended to reflect bicycle parking on Page 01. The Site Plan has been amended to relocate the fuel pumps closer to Northlake Boulevard consistent with the Landscape Plan. We acknowledge staffs’ comment regarding the escrow account for right-of-way landscaping and lighting along Northlake Boulevard. II.Fire Department No comment. llI. Police Department All sixteen comments of the Police Department are acknowledged and agreed by Applicant. Particularly: The Site Plan has been revised to move the fuel tank and fuel pump area as indicated above, and the fuel tank and fuel pump area has been secured by a locking ehainlink fence (Comment 12). The Site Plan and Engineering Plan have been revised to reflect a deceleration lane leading into the facility access point (Comment 13). WAIVER REQUESTS FOR BANYAN TREE PUD The Applicant is seeking the following Waivers for the indicated reasons: A waiver for the number of ground signs permitted on the site per Section No: 79- 285, Table 24, column entitled "Maximum Number", (page CD78:230). The basis for the waiver request is that each of the sites (Parcel 12.04 and 12.05) are corner lots, with a major median divided City road bifurcating the PUD. As such it is realistic to expect signage on each of the ROW frontages. The ground signage on each of the lots will be of similar style, materials and colors, furthering the appearance of the lots as "one project" and the City’s entrance gateway. A waiver for the height of tenant sign per Zoning in Process, Northlake Blvd. Overlay Zone (NBOZ), Section 5-6, dictating that all "Business signs" be located on the ground floor. The basis for the waiver is any first floor building identification signage would be inconsistent with a building of this size (i.e. to low and improperly placed for a building of this magnitude). The higher placed signage has been placed in a location where anyone expecting to identify the building would realistically expect it to be. A waiver of three (3) foot from Zoning in Process, NBOZ, Section 6-2 dictating the height of the building. The basis for this request is that the element exceeding the NBOZ height limit is the decorative tower feature, a non-habitable space, which is necessary to the esthetics of the proposed building. No additional useable square footage would be derived from the approval of this waiver. 82/B812802 11:36 5616240836 MATHISON PA YVONNE ZIEL TRAFFIC CONSULTANTS, INC, PAGE 03 1 lt40 O6th St. Norlh, We~t Palm Beach. Rodd~ 33412 Febmary7,2002 Mr. Stephen S. Math/son PA 5606 POA Boulevard Suite 21 ! Palm Beach Gardens, Florida 33410 Re: South Florida Blood Bank Dear Mr. Mathison: Ta;~;~ me (561) 024-7262 ¯ Fac:im~le (S6)| 62n-gSTB This letter is in response to your concern regarding the traffic from[the.above referenced project. The only traffic expected to access the site through MacArthur BoUlevard from the north are those residents living north of the site, These residents currently ud~ize this mad. They may make a few extra ~ps when they access the site, or stop at Me site ~ the way out or back to their homes. Otherwise the project has no significant impact on thejneighborhood to the north. If you need any additional information, please call me. Sincerely, ~~TANTS, INC. President Traffic Engineering and Planning CiTY OF PALM BEACH GARDENS PLANNING & ZO, NING DEPT. ,I ’I 0 ®I il ,® BANYAN TREE P.U.D. NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA PHASE I & II PARCEL 12.05 f- EXISTING SIDEWAU( ~D’II"I OF ORML~VAY IN PHASE ./ I ~ d fTTTTTTTTUq]-I-171.-fT] i FOR 11-08-01 REVISIONS SEE SITE PLAN, SHE~r 1 I BANYAN JEFFREY A. ORNSTEIN, P.A. AR~AITECT tel: 561-745-2205 fox: 56t-744.-7122 TREE PUD PALM BI~.CH 6ARDBNS, FLORIDA ~iIONS ,i Z !BANYAN TREE PUDJEFFREY A. ORNSTEIN, P.A. t~l: 5~1-745-2205 f~: 561-744-7~22 ,~ .,~ ,~ ~,,, ~ ,,.~. ,,..-,,.~. ,,,~,. ~u,,, NOIWm.tlm BOIII,E~.,~.D P.,I/~ B]~CH G.~t]II)~I’S. FI,QI~I~ FOR11-08-01 REVISIONS SEE SITE PLAN. SHEET 1 ~i SIONS ’7 b/° !!i BANYAN TREE P.U.D. NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA o~o I ~1 b,l.~ I~ lil,.,.,,,_,,,_c’::,o,_,.,_,,,, III SOUTH FLORIDA BLOOD BANKS I -_.I. II REVISIONS "-’= III SOUTH FLORIDA BLOOD BANKS ,~=~ tel. 561-745-2205 fox 561-7~4-7122 P~ B~ G~, ~ Z Z t- O I o I JEFFREY A ORN N E W A D M I N I S T R A T I V E"|~====~ | ~ |Io I~[¯ STEIN, P.A. I[I F A C I L I T Y ii .~ i~ ~’="~III SOUTH FLORIDA BLOOD BANKS~, -,.,.’o ,~ .... --0 BANYAN TREE P.U.D. NORTHIAKE BOULEVARD PAI~ BEACH GARDENS, FLORIDA PHASE I & IX PARCEL 12.05 .~ &. -.- Z T F Fq !E PUD : WII)IH OF DRIVEWAY ¯~ ’ ’~BANYAN TREE P.U.D. ¯O I ~ tel. 561-745-2205 fax 561-7~4-7122 Z ZZ / ./ BANYAN NORTHL~k’~ BOU’I~VARD JEFFREY A. ORNSTEIN, P.A. tel: 561-7~,5-2205 fox: 561-7~-4-7122 FOR11-08-01 REVISIONS SEE TREE PUD PAI,,M B~ACH GAi~IS, F’LO~q~IA i | % 17 ¯ ),~~JEFFREY A. ORNSTEIN, P.A. -ABCHIT~CT ~tel: 581-745-2205 fax: 561-74,4-7122 BANYAN FOR 11-08-01 REMSIONS SEE PLAN, SHEET Fl BANYAN TREE P.U.D. NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLOR~A BANYAN TREE P.U.D. NORTHLAKE BOULEVARD PAI~ BEACH GARDENS. FLORIDA 11fllfltltfi11t!111tti1t111fl ~I-.., ~ | P P I~1] I~-I!1,,,,,o,_,,,_~,~,o,_,,,_,,~ III SOUTH FLORIDA BLOOD BANKS }o EFF N E W A D M I N I S T R A T I V E F A C I L I T Y 1 I, 1°11 IIISOUTH FLORIDA BLOOD’ ~~°"’~BANKS ~" ~~" ~ ~5 ~ ~PALM BEACH G.4~DENS, FLOR~}A 0. Z REVISIONS YVONNE ZIEL TRAFFIC CONSULTAN February 7, 2002 Mr. Stephen S. Mathison PA 5606 PGA Boulevard Suite 211 Palrfi B’e~cS-G~rdeng; Flbfida-334 ro Re: South Florida Blood Bank Dear Mr. Mathison: This letter is in response to your concern regarding the traffic from the above referenced project. The only traffic expected to access the site through MacArthur Boulevard from the north are those residents living north of the site, These residents cuixently utilize this road. They may make a few extra trips when they access the site, or stop at the site On the way out or back to their homes. Otherwise the project has no significant impact on the neighborhood to the north. If you need any additional information, please call me. Sincerely, ~TRA~TANTS, ~Y;vorlhe Ziel, P.E." " " President Traffic Engineering and. Planning CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 SUBJECT/AGENDA ITEM SP-00-07 - Eckerd @ Promenade Consideration for Approval: Resolution 166, 2001, a request by Dodi Gins of Urban Design Studio, on behalf of Gardens East Plaza, for site plan approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature on tracts 1,2, and 3 in the Promenade Shopping Center (fka: Gardens East Plaza), located within the Gardens East Planned Community District (PCD). The 1.67-acre Eckerd site is located on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive. (7-42S-43E) RECOMMENDATION Staff recommends approval of Resolution 166, 2001 with conditions and waivers. Reviewed by: Principal Planner St even B. Cram .,//~C; City Attorney ~ Leonard G. Rubin Finance NA Human Res.NA Submitted by: Growth ManagementS’ ~ I~,~Administrator,,~ Charles K. Wu, AICP Approved b.y~ ~ City Maria e~ Ronald M. Fer/i Originating Dept.: Growth Management: Project Manager John Lir~n,’~CP Senior Planner Advertised: Date: Paper: Not Required Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Action: [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/ conditions: 7 - 0 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Tables 1 & 2 ¯ Resolution 166, 2001 ¯ Resolution 9, 1994 ¯Original Approved Master Plan Section & Elevations ¯Waiver Requests ¯11 "Xl 7" Set of Proposed Plans [ ] None City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 BACKGROUND The Promenade Shopping Center (fka: Gardens East Plaza) was approved as the commercial portion of the Gardens East PCD with the adoption of Ordinance 2, 1987. The master plan for the shopping center was approved by Resolution 44, 1987, and subsequently amended by Resolution 9, 1994 (see attachment). The present petition would permit the reinstatement of Resolution 9, 1994 (which expired in 1995), and approve an amendment to the site plan to combine tracts 2 and 3 into a single 1.67-acre parcel, with increased retail square footage that would come from a reduction of already approved retail square footage in tract 1. If this petition were approved as submitted, it would supercede condition #8 of Resolution 9, 1994, relating to the previously approved elevations. The total approved square footage for the shopping center would remain the same. ~ LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with an underlying zoning General Commercial (CG-1), and a future land-use designation of Commercial (C). CONCURRENCY The applicant had already established concurrency for drainage, solid waste, sewer and water. However, the proposed project was reviewed for traffic equivalency, and on February 5, 2000, it received concurrency certification. PROJECT DETAILS Building Site Tract 2 was previously approved for 6,000 square feet of restaurant use, and tract 3 was previously approved for a 3,600 square-foot bank with a drive-through facility. A 14,090 square-foot Eckerd Drug Store (with a drive-through operation) is now proposed for tracts and 3. Tract 1, originally approved for 8,357 square feet of retail/office use, will now have 3,867 square feet (which is the remaining square footage originally approved for tracts 1,2, and 3). Site Access The site will have one direct access point along Alternate A1A. This is the northernmost drive into the center, and will be a right-turn-in/right-turn-out only, since there is no median cut at this location. The applicant is providing a turn lane for this ingress/egress off of Alternate A1A. The site will also be accessed through the Promenade Shopping Center. 2 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 Parkinq On the 1994 approved master plan for the Promenade Shopping Center site, 1,633 parking spaces were required (1,634 were provided). The proposed Eckerd plan has 72 parking spaces in tracts 2 and 3, which meets the code requirement for parking on the site. With approval of this petition, the Promenade Shopping Center site would have a total of 1,653 parking spaces, which is a net increase of 19 spaces in the total parking for the site. S[clnacle The applicant is proposing one ground sign for the drug store at the northernmost entry. There is an existing ground sign for the shopping center located adjacent to the southernmost property line of the Eckerd site. The proposed sign meets all code requirements in terms of height, length, and number of messages. Of issue with regard to the Eckerd ground sign is whether or not the site has the necessary public road right-of-way frontage to be eligible for an additional ground sign. When evaluating the signage issue, the entire Promenade Shopping Center site must be examined. Currently, the shopping center has nine (9) ground signs, not including the proposed ground sign for the drug store. As part of this approval, the applicant has elected to remove one of the existing ground signs located on the south-side of the access drive in between the car wash and the bank, on the western side of the Promenade Shopping Center along Alternate A1A, thereby ensuring that the Promenade Shopping Center still has only nine (9) ground signs. Code requires 5,900 feet of public road right-of-way frontage for nine ground signs; however, the site only has approximately 4,200 feet of public road right-of-way frontage. Because the code requirement regarding feet of public linear street frontage is not met, the Eckerd ground sign will require a waiver. The applicant has stated this waiver is justified because the total number of ground signs at the Promenade Shopping Center site will not increase. The applicant is also requesting a waiver for an additional building identification/principal tenant wall sign. The proposed building identification/principal tenant wall signs are located on the west elevation of the building (facing Alternate A1A), and the south elevation of the building (facing one of the access drives into the PCD). The applicant will need a waiver for the second building identification/principal tenant. Staff supports this waiver request because the applicant has agreed to install a large City of Palm Beach Gardens sign (with landscaping) at the northwest corner of the Promenade Shopping Center, and has agreed to reduce the size of the wall signs from 28 inches (facing the shopping center) and inches (facing Alternate A1A) to 20 inches. It should also be noted that approval of second building identification/principal tenant wall sign would be consistent with past approvals in the City (e.g.: Walgreen’s, Polio Tropical, Hampton Inn, and Hilda Flack). 3 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 Phasing The proposed project will be constructed in two phases. The first phase will include the construction of Eckerd Drugs on tracts 2 and 3, and the landscaping improvements and parking area on tract 1. The second phase, which does not have a construction schedule, will include the construction of the remaining 3,867 square feet of the shopping center with the tower feature. Public Notice Even though this project is being processed as a site plan within a PCD, the Growth Management Director may, at his discretion, require that the public be notified. As a result, prior to this petition being reviewed by City Council at their January 17, 2002 meeting, the applicant sent courtesy notices to surrounding property owners within 500 feet of the subject site (Tracts 1,2, and 3). Waivers Code Section Required Provided Waiver Recommendation Section78-182(f)(4) 10 foot-candle 24.6 foot-14.6 foot-candles SupportMaximum light levels maximum candles Section 78-285- Minimum public road right- 5,900’ for 9 4,200’1,700’Supportof-way frontage for ground ground signs signs Section 78-285- Maximum number of wall signs per building Section 78-344(I)(1)a. Parking Stall and Bay Dimensions 1 building ID wall sign & 1 tenant wall sign 10’ X 18.5’ 2 building ID signs 9.5’ X 18.5’ 1 building ID sign 0.5-foot in width Support Support The applicant’s justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF RECOMMENDATION Although the proposed drug store is a stand-alone building that is not physically connected to the rest of the plaza, the applicant has created a strong pedestrian connection with the plaza by the use of walkways, hardscape and landscape material, and pedestrian amenities including trellises, shaded benches, and a shaded table with stools. Because of this, Staff recommends approval of Petition SP-00-07 with ten (10) conditions and the four 4 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition $P-00-07 (4) waivers requested by the applicant. PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on April 25, 2000; June 27, 2000; August 22, 2000; and October 9, 2001. The Commission voted 7 - 0 to recommend approval of Petition SP-00-07 per Staff’s recommendation. CITY COUNCIL The City Council reviewed this petition at their January 17, 2002 meeting, and voiced the following concerns: The southern ingress/egress into the Eckerd site creates a problem with traffic circulation, primarily because of the short distance from Alternate A1A to the left hand turn into the south entrance to Eckerd. Both wall signs should be 20 inches in height. As a condition of approval, the applicant shall install the necessary landscaping in the Alternate A1A median prior to the final certificate of occupancy for Eckerd. Applicant’s Response The applicant has responded by agreeing to make the exit from the southern ingress/egress point a right-out-only (entering the site from this point could still be done as a right-turn-in or a left-turn-in). Furthermore, the applicant has agreed to limit the size of both wall signs to 20 inches in height, and has agreed to the condition requiring the landscaping of the Alternate A1A median to be completed prior to the issuance of the final certificate of occupancy for Eckerd. 5 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-O0-07 Subject Property Promenade Shopping Center North Gardens East Apartments South Promenade Shopping Center West Alternate AIA and FEC Railroad East Promenade Shopping Center Planned Community District (PCD) with underlying zoning of General Commercial (C6-1) Planned Community District (PCD) with underlying zoning of Residential - Medium Density (RM) and Planned Unit Development Overlay (PUD) Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) N/A Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) Commercial (C) Residential Medium (RM) Commercial (C) N/A Commercial (C) 6 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 Code Requirement Site = Commercial (CG-1) Minimum Building Site Area for CG-I: 1 acre Minimum Site Width for CG-1: 100 feet Maximum Building Lot Coverage for CG-I: 35% Maximum Building Height for CG-I: 36 feet Front Setback for CG-1: 50 feet Side Setback for CG-I: 15 feet Side Setback Facing a Street for CG-I: 40 feet Drug Store 1.67 acre 290 feet 17.9% 32 feet 94.2 feet 62.1 feet 74.4 feet Yes Yes Yes Yes Yes Yes Yes Yes Rear Setback for CG-I:41.5 feet Yes 15 feet g~ohn: sp0007.cc2 7 February 21, 2002 RESOLUTION 166, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM GARDENS EAST PLAZA FOR APPROVAL OF A 14,090 SQUARE-FOOT DRUGSTORE AND 3,867 SQUARE FEET OF IN-LINE RETAIL WITH A TOWER FEATURE ON TRACTS 1,2, AND 3 (1.67 ACRES) IN THE PROMENADE SHOPPING CENTER (FKA: GARDENS EAST PLAZA), LOCATED WITHIN THE GARDENS EAST PLANNED COMMUNITY DISTRICT (PCD), ON THE EAST SIDE ALTERNATE AIA, APPROXIMATELY 500 FEET NORTH OF LIGHTHOUSE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-01-07) from Gardens East Plaza for approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature located in the 32.355-acre "Promenade Shopping Center" site on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the "Promenade Shopping Center" site is currently zoned Planned Community District (PCD) with and underlying zoning of General Commercial (CG-1), and a future land use of Commercial (C); and WHEREAS, the "Promenade Shopping Center" was originally approved with the adoption of Ordinance 2, 1987 on March 5, 1987, and the adoption of Resolution 44, 1987 on June 18, 1987, and was subsequently amended with the adoption of Resolution 9, 1994 on February 3, 1994; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, on October 9, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida hereby approves said application subject to certain conditions stated herein. Resolution 166, 2001 Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition $P-00-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The forgoing "WHEREAS" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves the site plan application subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.Prior to the issuance of the first building permit, the applicant shall: Co Provide an approved permit from FDOT for improvements within the Alternate A1A right-of-way. A curb transition from the non-mountable type "D" curb to existing curb within the right-of-way of Alternate A1A shall be used. (City Engineer) Provide a unity of title for tracts 2 and 3 in lieu of replatting the entire project. (City Engineer) Submit written authorization from all of the applicable utility owners for horizontal construction/planting within the utility easements. (City Engineer) Prior to the issuance of the final certificate of occupancy for Phase 1, the applicant shall: ao bo c° do Install a City of Palm Beach Gardens Police Department approved video recording system for the pharmacy drive-through lane and cash register areas. (Police) Prepare an instrument that releases a portion of the 5-foot-wide limited access easement so that the existing access point can function as it is constructed, and submit to the City for review and approval. Said instrument shall be recorded in the public records of Palm Beach County. (City Engineer) Submit an As-Built Photometric Plan demonstrating compliance with all lighting requirements (per Section 78-182), except for area under the drive- through canopy. (City Engineer) Remove any barriers to the parking in the rear of the theater. (Planning Zoning) Complete all improvements in tract #1. (Planning & Zoning) o o Resolution 166, 2001 Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 go Install and maintain the large official City of Palm Beach Gardens ground sign (with landscaping) at the northwest corner of the Promenade Shopping Center, as approved by the Growth Management Department. (Planning & Zoning) Install the necessary landscaping in the Alternate A1A median, in accordance with Resolution 26, 2002. (City Forester) All lighting shall be installed so as not to conflict with landscaping. (Police) The two (2) parking spaces located in the south section of the east parking area shall be marked "Compact Cars Only." (Police) Paint and tile color shall match the rest of the shopping center. (Planning Zoning) Parking at Eckerd shall be open to all Promenade Shopping Center patrons. (Code Enforcement) The conditions set forth in Resolution 9, 1994 and all other conditions and approvals applicable to property remain in effect unless specifically modified or deleted herein. (Planning & Zoning) The "Eckerd" lettering on both wall signs shall be no greater than 20 inches in height. (Planning & Zoning) The exit from the southern ingress/egress into the Eckerd site shall be a right-out only. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: Section 78-285, which requires 300 feet of public road right-of-way for a ground sign, and 700 feet of public road right-of-way for each additional ground sign, to allow for a second ground sign on the Eckerd’s Drug Store site. Section 78-285, which limits the number of building ID wall signs to one (1), allow for two (2) building ID wall signs. Section 78-344(I)(1)a., which requires a minimum width of 10 feet for all typical parking spaces, to allow for 9.5-foot-wide parking spaces. Section 78-182(f)(4), which requires photometric plans to have light levels greater than 10 footcandles, to allow for up to 24.6 footcandle measurements under the drive-through canopy only. 3 Resolution 166, 2001 Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SPo00-07 SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date the plan was received and stamped in): 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 1 by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet P-I. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 2 by Urban Design Studio, and date stamped (January 4, 2002) into the Planning and Zoning Division, sheet P-I. Site Plan - Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001)into the Planning and Zoning Division, sheet I of Landscape Plan - Phase 1 (Tracts 1, 2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 2 of Plant List/Detail Sheet- Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001 ) into the Planning and Zoning Division, sheet 3 of Floor Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-I. Roof Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-2. Elevations by Ofiver, Glidden & Partners, and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet A-3. Photometric Plan by Colwill Griner, Inc., and date stamped (October 25, 2001 ) into the Planning and Zoning Division, 1 sheet. Landscape Plan - Detail Plan (Tract 1) by Urban Design Studio, and date stamped (July 27, 2001) into the Planning and Zoning Division, sheet 4 of Plant List/Detail Sheet (Tract 1 ) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 5 of 8. Site Plan - Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001)into the Planning and Zoning Division, sheet 6 of Landscape Plan - Detail Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001) into the Planning and Zoning Division, sheet 7 of Plant List/Detail Sheet (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001 ) into the Planning and Zoning Division, sheet 8 of Phase 2 Roof Plan and Exterior Elevations by Ofiver, Glidden & Partners, and date stamped (October 30, 2001) into the Planning and Zoning Division, sheet A-I. Drainage Plan by Dixon and Associates Engineers Inc., and date stamped (July 26, 2001) into the Planning and Zoning Division, 1 sheet. 4 Resolution 166, 2001 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition SP-00-07 SECTION 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR JOSEPH R. RUSSO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: sp0007.res2 AYE NAY ABSENT 5 Resolution 166, 2001 Meeting Oate: February 21,2002 Date Prepared: February 4, 2002 Petition SP-00-07 EXHIBIT "A" DRIVE, ~STE~Y OF ~TE~ATE A-~-A~ ~A~D PARCEL OF ~D N.27*14’34"E. J TH~CE ~OU~STE~ "~NG ~AZD RIGHT~F~WAY LINE ~D A~NG ~E ARC OF SAID ~RVE, THROUGH C~T~L ~GLE OF 1E+44"04" A DIST~CE OF 411.20 FEET. TO THE POINT OF CURVA~ OF A ~RVE ~ ~E RIGHT ~VING POINT OF CO~OUND CURVA~RE OF A ~RVE ~ ~E .RIGMT~ ~VING A ~D~US OF ~1~,00 FEETj THENCE ~0U~STE~ A~NG ~E ARC D~ST~CE OF 495.05 FEET, ~ ~E POINT OF CURVATU~ ~ OF A CURVE CONCAVE TO THE ~ST ~V~NG A ~ZUS OF ~9B.24 FEET; ~ENCE EOU~E~Y ~NG ~E ARC ~ ~AZD CURVE ~D SAID" 33"09’~I ~ A D~BT~CE OF 229.~I FEET ~ THE POINT OF ¢O~OUND CURVATIJ~ OF A CURVE ~ ~E RZGH~ ~VZ~G A ~DIUS OF 25.00 "SAID ~STE~ R;GHT~F--WA~ ~INE ~ROU~ A ~ENT~L ~O~ OF ~O*OO’O0=~ A D~STAHCE OF 39.2~ FEET ~ THE POINT OF ~D A ~INT ~ ~E NORTHE~Y RIGHT.F-WAY LZNE OF LZGHTHOUSE THE ARC OFSAID CURVE ~J~D SAID ~ORTHERL~r RIGHT-.0F-WAY LINE THROUGH A CENTRAL" ANGLE OF S. 39*27 ’21~. ~NG SAID ~STE~Y R~GHT~AY ~LIN~A EASTE~ ~2~T~F-WAY LINE A DIST~CE OF 34~8 ~58.~H~ ~. 39" 27 =21"W. ~NG ~AZD ~STE~ R~GHT~--W~y~ 4~* ~ ~IS~CZ O~ ~088.72 FEZT, ~C~ N.44e32’oa~ A~~ ~ 6 Resolution 166, 2001 Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-00-07 EXHIBIT "A" CONTXNU~D and by Conf|rmation of Easement in Official Records Book ~_ ..~o acrosS, over and through the fol|o~|n| described lands; |)The North & feet of the follo~lng de$cr|bed landsl ~ Beginning at a point in ~he East 1|no or sect|on IS, Township 42 South. Range 43 East. Palm Beach County, Florida. It ¯ d|stonce of 717.3! feet Southerly from, measured along sa|d East line of Section 18, the Northeast corner thereOfl thence Southerly along said East line or Section ~8, 8 distance of I~O Easterly at rioht angles. ¯ distance of i2S feet to the Point of 2) The South 4 feat or the ¢ollo~tnS doscrSbed IlndSl Bog|nn|ne at a po|nt |n the East line of Section |8. Tov~shlp 42 aloha said East line of Section 18. ¯ distance of 96 feet| thence Uesterly, at right ¯atlas. ¯ distance of ]2~ feet! thence Southerly at right angles, ¯ d|stence of 73.62 feet to the beginning of ¯ curve concave to the ~est~ ~evtng m radius of degree 3~" 23" ¯ distance of 22.38 feral |hence Easterly, land~ ¯ distance of |2~.32 (oat to, the Point or Beginning. 7 January 27, 1994 RESOLUTION 9, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE PROMENADE SHOPPING CENTER, A PLANNED UNIT DEVELOPMENT CREATED BY RESOLUTION 44, 1987, OF GARDENS EAST, A PLANNED COMMUNITY DISTRICT CREATED BY ORDINANCE 2, 19.87, BY REINSTATING THE PLANNED UNIT DEVELOPMENT FOR ONE (i) YEAR FROM THE EFFECTIVE DATE OF THIS RESOLUTION; AND, FURTHER, PROVIDING THAT SAID PLANNED UNIT DEVELOPMENT SHALL BE SUBJECT TO ALL PROVISIONS IN THE PALM BEACH GARDENS CODE WHICH MAY BE AMENDED FROM TIME TO TIME; AND PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. Resolution 44, 1987, which created "Gardens East Plaza", a Planned Unit Development, in the Gardens East Plaza Planned Community District, is hereby amended by reinstating the Planned Unit Development for one (i) year from the effective date of this Resolution. Prior to the expiration of the reinstated Planned Unit Development, the developer may apply for an extension of one (i) additional year for good cause shown. The developer shall initiate development within one year from the effective date of this Resolution in conformance with the plans on file in the city Planning and Zoning Department as follows: November 23, 1993 Site Plan by Theodore E. Davis and Associates. Sheet P-I. September 23, 1993 and December 23, 1993 Revised Landscape Plan by Blakely and Associates. Nine sheets. December 3, 1993 Landscape Buffer Plan for Alternate AIA by Blakely and Associates. One sheet. Section 2.In addition to the aforesaid plans specifications, the following conditions shall apply: and The total square footage for the project shall remain at 244,000 square feet. The existing 211,455 square foot shopping center is reinstated. The remaining undeveloped outparcels, totalling 25,057 square feet, are also reinstated. Development of any outparcel over and above its allocated square footage, up to the 244,000 square feet for the entire shopping center, shall be approved by the City Council on a case-by-case basis and shall meet Concurrency and all City standards. The outparcels shall have the permitted use of square footage as shown on the original site plan. The pedestrian promenade shall be completed, cleaned and opened to the public within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. The fence surrounding the promenade and outparcels #i, 2 & 3 shall be removed within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. Gardens East shopping center shall have a 25-foot wide landscaped buffer along Alternate AIA. The Gardens East shopping center shall have a unified landscape theme. The petitioner shall supply to the city for review a landscape plan showing landscaping within the 25-buffer along Alternate AIA prior to the petition proceeding to City Council; or the originally approved landscape plan prepared by Landscape Architect Jeff Blakely, and labeled Gardens East Plaza Perimeter Planting, drawing numbers LA 3/22 and LA 4/22 (no date), shall be included in the overall landscape plan submitted for this petition. The 25-foot buffer adjacent to Alternate AIA shall be completed by March 31, 1994. The median landscaping shall be installed within thirty days from the effective’date of thisResolution or prior to the issuance of the next Building Permit, Whichever occurs first. The owners of the Gardens East Plaza shall be responsible for the maintenance of the median landscaping, including plant replacement, and repair and utility costs of the irrigation in perpetuity. Prior to the sign-off of the median and site landscape improvements, the Landscape Architect of Record shall inspect all landscape improvements, and shall certify in i0. Ii. 12. 13. writing to the City that the landscape plan and all other landscape recommendation have been accomplished or implemented. Upon receipt of the certified letter the City Forester shall inspect the site for compliance. All proposed landscaping for the site shall be installed before March 31, 1994 or the issuance of the next Certificate of Occupancy for the project, whichever comes first. In addition to the proposed landscaping, the petitioner shall adopt at a minimum a consistent program of maintenance and plant care as recommended and outlined in Landscape Architect Jeff Blakely’s letter to City Forester Mark Hendrickson, dated September 21, 1993 and submitted September 23, 1993 (see attachment). The petitioner shall adopt and implement a written management plan covering maintenance for the entire PUD by Landscape Architect Jeff Blakely within thirty days from the effective date of this Resolution. Landscape Architect Jeff Blakely shall certify in writing that this management plan has been completed and implemented within thirty days from the effective date of this Resolution. In no way shall this plan be less than the maintenance standard in the City Landscape Code, Ordinance 2, 1993, or as amended. The landscape management plan shall be agreed on by staff. The previously-approved elevations for the undeveloped outparcels shall be reinstated and shall be used as guidelines for future development applications. Outparcel i, including but not limited to the tower/entry feature, shall be completed substantially in accordance with the design of the previously-approved elevation plans. All undeveloped outparcels shall meet the current code in place at site plan approval (ie., landscaping, parking, etc.). All undeveloped outparcels shall meet the current Sign Code in place at site plan approval unless modified by the City Council. Signage shall be consistent with the signage currently approved for the shopping center. No drive-thru facility shall be allowed for outparcel #i. The temporary landscaping to screen the west elevation of the movie theater building shall remain until the issuance of the building permit for construction on outparcel #I. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 1994.~ Approvea as ~o/z,~rm~n.d ~egal Sufficiency by th~e-~city Attorney ATTEST: LINDA V. KOSIER, CMC, CITY CLERK JO~ R~ [RUSSO, MAYOR VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK THEATER¯BUILDING 9OO 2~,590 S.F...~ ORIGINAL MASTER PLAN SECTION WAIVER REQUESTS AND JUSTIFICATION STATEMENTS FOR GARDENS EAST/PROMENADE-ECKERD Petition -PUD-99-15 Revised April 24, 2000 urban For your review and information are the waiver requests and justification statements as revised for the latest site plan and to reflect code references for the draft LDRs (3/5/00 version): Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Specialty_ Pavers We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers. Specialty pavers allow for a higher quality people experience by creating a more aesthetically pleasing environment and by delineating people places in areas that may also be used by vehicular traffic. Pavers create visual cues that enhance the sense of place and that serve to put people and drivers on notice that something is special at this location. The hardscape provides for a much greater sense of place than asphalt. The use of pavers is also consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. The pavers to be used are also consistent with the hardscape of the existing center. Size of parking Spaces (Section 118-475) (New Section 180) We are requesting a waiver to allow 9.5-foot wide parking spaces which represents the compromise between maximizing green space and ability to load packages recognizing that loading of packages is limited at this type of retail use. An alternativeparking plan shows where green area is gained in more detail. In general, the smaller spaces permit for more landscape areas at parking islands and ends of parking aisles. Landscape Buffers (Section 98-72(a) _(New Code Section We are requesting a reduction in the requirement for 8 feet of landscape buffer adjacent to a property line on the south property line. It is not inconsistent with. the existing developed properties. In fact even with the requested reduction in the buffer (from 8 feet to 6 feet on the south property line and to 3 feet at the southeast corner,) there will be a largerbuffer than provided at this site today or than exists across the street at the Mobile site. The requested waiver would still permit the center to be closer in conformity with the code provisions than the existing condition on the site. ~ -~ .~ " ~’~Sulte~600 The Goneourse [~ ¢o~ .,, .~,, ,~’~’ .W~~alm Beach, Florida 33409.6582 \~.5~."~)~3~"r~l!, CA -714.489.8131 Signage (Section 118-571) (New Code Section ) The requested waiver is to permit a ground sign for this parcel. The signage will serve to identify this newly created entrance to this parcel and the center. The site only has 265 feet of public ROW. The ground sign is consistent with the current signage program at the center. The design and materials are also consistent with the existing center. The landscaping is consistent with current code provisions. photometrics (Section) (New Code Section The requested waiver is to permit this site to exceed the 10 foot candle maximum under the pharmacy canopy due to safety considerations. It is anticipated that the lighting can be designed consistent with City’s concern to minimize the impact of spillage of lighting off of the property. This list represents the waivers required at this time, we may request additional waivers as necessary in response to staff and city official comments, design variation or new code provisions. C:~lyFiles~My Doeuments\UDSkECKERDS\waivers.IM2400.wpd LCC35 I ,| GARDENS EAST PLAZA I 0 Gardens East- rromen.ade Eckerd Illl.%’l;l.~’.i i’-,~!i.P~lm Beach Gardens, Florida -"’",I’~.,e~ll~J,,~,l,~II i Tracts 1, 2 & 3 Sheet 1 of 8 I~I’I,Ii~iII ~Iiilo~ ~ I- i trofflcs|gnol Palm Beach Gardens, Flor:da Landscape Plan Phase I Tracts 1, = & :3 Sheet z~_z @®®@ +1i lii..~il| i " | llli" l’ 1>’,h IIl’t.,t! li,l!ll~iI ~I’~ ~’m’+~l i!il!! .~,~!l!l , ~. , !.ardeI’s ’=ast" I~r°m"’rd’. ’=ckerdPalm,rraciSPlant ..eachList#DetaiI1, = &Ga’rden$’3 SheetFlolida- PHasesheetl :ERDS D P ARK _ _ _~,.-;- m 53.0’ 55.0’ -= ~iI i! il I ’t’,lit ’ llttl ,l it" :l,i, ’~’ I1~ I¯ i:Ii ~ l i~l l!lllfl’l~l I~ ~1!ll!lI ’!l’!l+lll’!ll’’:"Ii i. I I~ll 1l,i :i I~t~i ~i,i~’~Iitlli’ I1~ 1~ ~’~1~!!iI~1 ~ I , , I~I1~ I Ic~i~ ~1 I i I I =: ,o."~[ } It!11 l l’lll ’ I~1 ~1 !i!l!l’~ll ,,,,<:’""~’ ..." "1~’"1’",,I,;’",,,,., ~’, I"’~~" ....’"’,’"1,.- ’ " ’’ " ’ ~ ", , ,~," ’~ , !iI .... ~ . ~ ....~ ~ . . I ~o ~."~z m~ . ’"’"’""’""’.,, ,,,,,,,, ~, l~i,~,~,I., ’’’’~’,,’~’:i,l,’ ’’ ...."’"’" "’ "" "’"’"iiI ,. .,. -’" " ,,"-’’",," !I ,..: .,,,,,,,,’ III! ~:li,ll ,i,,, ii ,l, ii1!I it _ tl. I I , ,’- ~,~~ ~ ’~ ~lil II111 I11!!l.ltllll ~iI I ~,:i~ ! li,,i 1 ’~ti ~l i!liI ,~’.!l,ll I I I Gardens east" Pr°men’de Eckerd =in’niliiii"’ Ill li’t:llil "’ ’""" ~ I, ,.,, Plant Lls.Detail Sheet lllllllrl f l, l~ract t Sheet 5 of 8 MOBIL Gardens East i Promenade Eckerd P?lm Beach Gardens, Florida Snte Plan - Phase II Tract 1 Sheet 6 of 8 II 20.7’ \I 53.0’ 53.0’ . I GardensPalm Beach East-Promenade Gardens, Florida Eckerd illlllll ,,, i,..,,,,!ll~,;~!,ll ~.~i! o,, ~il’" ,’I !,,-!, ,.,,- ,,,, ,., ,.I,t’~ "" ’ "~. ~ o=. ’~i.~,,, "-’""~":=’- -~, !,~ " ’’~’ ’ ,. "’ J ~,~, -" "- <"~ :" "". ~l - ~" Landscape Plan-Detail Phase II I"1’Tract 1 Sheet 7 of 8 Gardens East-Promenade Eckerd Palm Beach Gardens, Florida .~p~,l Tract1 Sheet 8 of 8 illlllllllll~nl’mii.~ I Gardens East- Promen.ade Eckerd Palm Beach Gardens, Florada Photometric Site Plan Tract 1 Sheet 1 of I .I I I I l|ll~a~tlffe: FLOOR PLAN .III’~’: ~/~/oo-.~ill ~ ~. s.c. OlUOINAL i~ o I I 1 I OUV~. GUDD~ & A~CHITBCTURI~ ¯ INTERIO~ I~ ~: ROOF PLAN d~: 7/6/00 ’ d~ ~ s.c,AT GARDENS EAST PROMENADE PALM BEACH GARDENS, FLORIDA O~n~-’R. G,,mmm & pAR.~ AR(~HIT]~CTUI~B *¯ INTBILIOR Di]SION ::~-’rlTIONNO. PLO 99-15 ~: ~P~.(~) I "~’q~" " " ’ " ",,...Ih¢,,Rl(~). ~,c~,o. ~2/’%.11 - ~,ll’J~l~, II ATGARDENS’~ST PROMENADE ~"~ 10/15/~ q ~ ~ ADDITIONS AND ALTERATIONS TO: BUILDING 900 AT GARDENS EAST PROMENADE PALM BEACH GARDENS, FLORIDA PE i i iiON NO. SP00-07 "0 ’ 0 signal Z II PROPOSED EXISTING 7~.0~ MONUMENT SIGN I MOBIL EXISTING ENTRY .I .& N50"32’39’~ :~ ..:-: LANDSCAPE BUFFER N 82/21/2882 89:29 LAW O~ICS OF GARY D. FIELDS 5616251259 LAW OFFC GARY FIELDS PAGE 82 (,.561 ) 62E~ 1200 ADMIRALTY TOWER ¯ SUITE 700 4400 PGA BOULEVARD PALM BEACH GARDENS, FL 33410 FACSIMILE (,561) 620-1289 E-MAIL: gdflow@bellsouth,net February 21, 2002 Via facsimile to (561) 799-4281 Charles Wu, Director of Growth Management City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re:Second Amendment to Traffic Control Agreement for PGA National Dear Charles: I have reviewed today’s letter from Mr. James Snyder of Treasure Coast, which was faxed to me by Steve Cramer. The letter/memorandum that l sent Len Rubin, dated 2/14/02, addresses all of these issues. As set forth in that letter, the actual ~equirements of the DRI as amended are fort a future possible use as a thoroughfare open to the outside public. The traffic study also demonstrates that the impacts on other roads wQuld be minimal (and that would be with a 24-hour-a-day closing - we are seeking onlyevening closings). The comment in Mr. Snyders letter regarding hurricane situations completely ignores the proposed amendment to the Traffic Control Agreement, which spedfically provides that access would be provided to "all vehicles in emergency and/or evacuation situations as may be requested or declared by City, County, or State governmenta~ authority". GDF:hs pc: /~’D. FIELDS Phil Lyddon, PGA POA Ken Metcalf, Department of Community Affairs " ~121128B2 15:45 Depa~m©n~ of 13n~lne®rin~ and P~bli© Wor~ P.O. Box 21229 ~lm Beach. FL 33416-1~29 (501) 684-4000 ~.co.p~m-be~ch.fl.us Bom-d of County ~rren H. Newell. Cha}rmzn CarOt A. ~be~. vice Chair ~re~ T. M~cus M~ McC~ BuN Aa~nson ~ny Masilotzi Addle L. Greene county Adm~nlstrar~r Robert Weisman ~ pYmt~ on recycled l~Per 5613552090 PAGE 01 February 21, 2002 Mr. Charles K. Wu Growth Management Director City of Palm Beach Garde~Ls .10500 N. Military Trail Palm Beach Garden’s, FL 33410 Dear Mr. Wu: I understand that the Palm Beach Gardens City Council intends to consider the dosing of Ryder Cup Boulevard/Jog Road tonight at the City Council meeting. AsI advised you several weeks ago, Palm Beach County has serious concerns regarding the dosing of this public road. We would also suggest you discuss with the Council the appropriate processes and actions that would be needed to be taken by various governmental entities to address what the Property Owners Association is looking to accomplish. We.do not believe that the proposal being put forth is the correct mechanism to address the closure. County Staff was provided a copy of an opinion by Mr. Gary Fields, attorney for the Property Owners Association regarding ~ matter, mad while we have done a quick review of the letter’s points, staff had neither the time nor the neeessza3’ documents io complete a through review. Based on the documentation provided, we do not agree with Mr. Field’s conclusions, mad it is still the opinion of th.e County staff that serious issues remain which should prevent the City from proceeding with any action tonight. Please consider this as a restatement of the County’s opp.oaition to the dosing of Ryder Cup Boulevard/Jog Road for the reasons previously stated in my letter to you dated February 1,2002. We would also request that the County’s objections as stated in my earlier letter be read into the record at tonight’s City Council meeting. ; If you have auy questions please do not hesitate to call. Sincerely, George T. Webb, P.E. Palm Beach County Engineer co: Carol Gold, City Clerk ’6~/21/2062 15:45 5613552696 PAGE 62 !~ B~h ~ounty Fcbmmy 1, 2002 Mr. Charles K. Wu Growth Management Director City of Palm Beach Oarcl=~ 10500 N. bfifitary T~61 p_~lm Beach Gardens, FL 33410 PGA National Tra~ Control Agreement Dear Mr. Wu: Palm Beach County staff tevi©wed a copy of your January 7, 2002, letter to Commissioner Marcus. We have the following objection and co~cems relating to the I~. posed closure. closure of this public roadway based on ou~ review of the PGAWe object to the . National DRI which clearly indicates that this is a public roadway and is to be open to "the residents of PGA National and surrounding communities." We beheve that the ¢ _ _ .... .... ,~ ~q amended, m 2.a.2 . in the Traffic t:ontroi ~g~ ,=~=-.--,~:~ .,,,,~1 restriction appears to violate that condition. If the above objections, can be ove~com¢, or are to be overlooked, we have twot) We have histotieafiY beenother issues associated with the proposed closure,residents that this road concerned about the pemepfion by current and future would have a for~xof security provided at this location, We remain concerned about this pex~eption sud ~;-k that it will be heightened by the ability to deny access to this road for the fi~st time. 2) The proposed time frame commences too early. When you evaluate the historical usage at one location, we found 25 % of .the entering daily traffic occurred during the 6:00 P.M. - 10:00 P.M. ~rne frame,- 6:00 A.M.of the daily entering tra~C occuned bctwe~ 10:00 P.M. while 7 % .......ffect on traffic from and to the surrounding comm_ It would appea~ ttmt me ctt~ would be minimized with ~hortened hems of closure. Finally, there is an ongoing concern that current and future residents of PGA National are unaware of the possibility that Ryder Cup could become a 15:45 5613552698 PAGE 83 ¯" "on of Jog goa~L W_ _ ~ .,a,~,! on an continuing basxs. Oeorg¢ T. Webb, ?.E. Palm Beach County Bngineer cc: Karen T. Marcus, County. Commissioner Baxbam Alterman, Director, Planning, Zoning & Building Maflene Evefitt, Assistant County Attorney Charles Walker, Dtrector, T~affic Division 2/19/2002 1=28 PH FROM: Fax Warner Real Esate Advisors TO: (561) 799-4281 PAGE: 001 OF 012 Warner Real Esate Advisors To:Talal M. Benothman Fax number:(561) 799-4281 From:Rick Wamer Fax number:561-694-0598 Business phone: 561-630-3471 Home phone: Date &.]]me:2/19/2002 1:28:58 PM Pages:12 Re:Suggestions Charles / Talal, Please review the attached recommendations to the NOPC language. We believe that these are the types of protection the city should look for so that we get a quality project. Forbes is not marded to this exact wording and is willing to look at alternative language that meets the objectives. I would like to meet with you on Wednesday to discuss your approach if possible. John Gary indicated he thought that this language was too stringent and didn~ agree. We have been tring since last Thursday to discuss this with him prior to sending to you but his schedule didn’t permit a review until this moming. Thanks, Rick 2/19/2002 1:28 PM FROM: Pax Warner Real Esate Advisocs TO~ (561) 799-4281 PAGE: 1. Th~ R~gi~ C~nt~r ~pg~fi~n ~or Devd~nt Approval b h~p~ h~hby C~pt~r 380, Hofida S~tutes. ~ ~ AppH~on f~ D~elopm~t Approv~ is a ~n~tion for ~prov~ ~v~ ~ved or~ by agm~ ~vng &e P~i~, ~ dvfm~d in Subs~aion 380.07(2), Florida S~tu~s. For p~oses oft~s cvn~fion, ~e ~pHmtion f~ Devdopm~nt ~pmwl (~A) ~ ~cl~tdv ~c ~How~g it.s: ~A, cow,flus of Voices 1 A, B ~d C,dated Scptembe~ 1983, revised ~d sub~ttcd October 14, 1983.1 No~i~s~d~g ~yt~g to ~v ~n~y ~ ~v AppH~fion f~r Development ~pp~ovM ("~A") in~lud~g but not l~d io, ~bit H and the tab~afions, notafiom, hbe~ md d~tions ~n~’~ on ~e ~o~ uses h my ~f~e nr~s d~i~at~d on ~it H for ~/Offi~otol (I), O~gtePCo~lu~ uses (2), ?r Rcs~cldO~c~ Sc~ic~ Co~ Uses 0); pm~&d ~e to~l sq~c foot~es for ~es m~ ~m~st~nt wi~ the Conver~on ~t~ bNow.md do no~ ex~ ~y ofh the ~ge of M~ Hoot Space A~o~ on Exhibit C, including~bit H ~ Diagrams ~ and 2 ~~rc~ d~i~at~ on B~bit H ~m~ ~c ~6 md ~re~dc~~if &c ~c Coov~ei~ Rat~ bdow arc. us~ for~ devclo~cnt of re~ on ~e ~:ope~ ~ of Gar~ Ym~v, no~ of K7~ G~m DriVe, ~t of Mr. AIA. ~d mbs~fial ~om~W wi~ CiN s~l b= d~msd ~nfistmR w~ Mm Hmd ~Polt C to Resol~ti~ ~I-~00~ ..... 006 OF 012 PARCEL 27.12 NOPC LAND USE CONVERSION RATES K & D Offme 1 teem Business Office I s___f_~ Retail Business, Office Intenslty 0.435sf 248.742 sf 0.545~ 665.124 sf ~GE OF FEOOR SPACE ~OCATION I~OR LAND USF_~ USE MINIMUM ~N~ghborh .o~l~ Commercial 26 000 sf _~e.gional R.~t.ail,Restaum~t, Cimma O~fic~ =,Bmlnes~ OffiCe - Research Sefi~ce -73,440 sf Hotel ~! Resideaaial TOTAL 1,44o,ooo.sf _MAXIMUM 26,000 sf i .1.640,000 1.!23,287 sf .1,210,000 sf . ,1 I8 tpoms/100,,300 235,299s_f. .4.49 .room.s/381,650 sf* 1,813_..du1!,813,000 s.g’.!.,81.3 du/1,813,000 .4.,576#27 sf’5.305,850 sf .*Scmare footage numbers at:e established as a~ estimate and may yet7 fi’o~n actual development. Room/uoit covmts w~ b~ the actual determinate of the. USe for both Hotel m~d Residential categories. -Am/conversions of land US~ pm~uant to the Conversion Rates above wlH include a written notic~ to ~e Department of ConwnuniW Affair Bureau of Local Plmmi~ and Trmsute C..oa. st Reej~nalPlam~g Council upon the filin~ of a develgpment application with the City of Palm Beach Gardens. All such e0nvcrsions will also be addressed in the A.rmua! Report. 2/19/2002 1:28 PM F~OM: Fax Warner Real Esate Advisors TO: (561) 799-~281 PAGE: 007 OF 012 EXHIBIT B TO RESOLIYHON 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral o.r Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES BanldFfiaancial h~stitution with or without Drive Ttnough Barber / Beauty Shops Dry~, Cleankng Latmdry and Dry Cleaning Pickup. Station Personal Services Picture Framing Shoe Repair Video Rental aug S~iles PUBLIC & INSTITUrr!ONAL Post Office CLg~IVRAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Con-anercial category, of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI sha~ have a minimum of ffn’ee permitted uses. 3. No sign.age for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4.Direct vchioubz access to a Neighborhood Commercial use shall o~fly be permitted on Victoria Gardens (a.lca West Avenue). \~Uds~server~.C~ADW’~mm~n~I~b~kRe~n~C~nt~rD~27.~2~N~i~b~rb~da~U~2~2.~ LCC35 2/19/2002 1:28 PM FROM: Fag Wacnec Real Esate Advisors TO: (561) 799-4281 PAGE: 008 OF 012 2/12/2032 II:C6 AM. F~OM: F~x Warner ~.eal E~ate Adviscr~ TD: 1,24832~7228 PA3E: 308 DF 010 E:X~IT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DR] MASTER PLAN EXl]IBIT H RETAH, CONVERSION REQUIREMENTS .. Any use of ~e Con.version Mataix zo inca’ease Retail Use shali oonform to the following r=quix~ments: Retail may only be located as provided for on Exl~’bit H - The Regicmal Center Iv~astor Plan map. Re~ail use other than quality or ~pecialty restaur~t mu~t be a p~a’t of a multipie tree project i~ which there sha!l be a mix &uses in the same building ~nd/or in bull .din~ I" .~efl by pedestrian p]~7~. Qtmlity or specialty restanr~t tory be are not required to be free-standing buildings. Multiple and mixed uses shall mean the pzojeet eontaim at a minimum two of the. following uses: office, hotel, re~identie], or retaS1 including ~ear~z and/or rost~urmat es’tablishments. Discou~t Department Stores as 6efmed by ~e L~d Development Reg~fiation~ Supplement 10 (~ of t.he effective date of this resolution) are proh~R.ed unless approved by the City Council. Retail use otbzr than q~mli .ty or ~ecialty restaurant shall be designed in buit~lings pnymum~.~ oy ,~’~aelua-e ,m~,= ~ypeA,,rm, an plaza. Free- s ~tznding fa~ food restaurants a~d free-standing pharma~ies/dmgstores W0hibi.ted. Please refer to Diagram 1 as an example of how tiffs reqaxirement m~," be fulfilled. Retail uses must be in buildings of van.wing ~tories, heights aad size, but with uni~.ry~mg areki.teeture tha~ promotes a sense of place andsedestrian orientation. Design elementa of the builNngs are to include defined eatryways, awr&ngs and/or c~_..opies, balconies, outdoor sea’rig, the use of ~lor to atticulate architectural variation, and other facade detail to avoid blank walis. Please rei~r m Diagram 2 as an example of appropriate architecture. Nothing N the use of the Conversion Matrix for additiona! retail shall limit the abiiity to devdoped up to 166 residential units in the loeatioa desigaated en Map H and as approved by the City Council through the site platming process. h~ ad~tion, any retail use, single entity use, site, plan defige, or building ar6.aite.~are approved by the City. ~ouneil s_hal! be ~med to Comply with these See attached proposed conditions 7 and 8. ~\Ud~.-s~:erW~L--~}¢~‘~‘~.NkI~Re[dtma~Ce~‘ra~D~-~27~2~m~c~~2~z~&~2~.~ 2/19/2002 1:28 PM FROM: Fax Wacner Real Esate Advisors TO: (561) 799-4281 PAGE: 009 OF 012 If a building permit for a multi-screen theater project as described in Condition 8 below is not secured within 12 months of obtaining a Site Plan Approval and construction has not commenced, then the City will have the right to restore the approved land uses as contemplated in the odginal DRI approval (Office, Office- Research - Service and Residential). A building permit for a multi-screened stadium type theater consisting of a minimum of 2,500 seats shall be included within the first 100,000 square feet of retail use to be built. The multi-screened theater and retail shall be constructed within 18 months of obtaining a building permit. If construction has not commenced within three (3) months of securing building permit, then the City will have the right to restore the approved land uses as contemplated in the original DRI approval (Office, Office -I Research - Service and Residential). Construction is defined herein as building of the foundation, walls and structures and does not include land clearing activities. 2119/2002 1:28 PH FROM: Fag Warner Real Esate Advisors TO: (561) 799-4281 PAGE: 012 OF 012 ~" . ...-~.~- ..~.,,,,:o-o~l~- ~..~S : -..~ ~" ~~ -- j " .-:,..-..: FF_I3-21~-2~B2 16: 48 P.Ot i I I TREASURE COAST REGIONAL PLANN~G couNcIE 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 561-221-4060 FAX: 561-221-4067 FAX TRANSMLSSION Number of Pages(including cover sheet): _ Operator: To: From: Project: O~ I~ ~t~,~ (~ Comments: February 21, 2002 Mr. Charles Wu, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: PGA National Development of Regional Impact Dear Mr. Wu: P. 82 The PGA National development of regional impact (DRI) was originally approved by P~lm IBeach in 1978. The project was then annexed into the City of Palm Beach Gar.’.dens. "l~he development order required the reservation of right-of-way for Palm Beach Cduntyfo~a public road (Jog Road) horn Northlake Boulevard to PGA Boulevard tl~.’ough development. In 1993, Council appealed an amendment, which would have deleted condition calling for .....the right-of way reservation for a pubhc road through the project with~)ut substantial deviation review. Council reconmaended that the road not be closed toipublic ~se because closure causes additional use of Military Trail, Beeline Highway, the Florida Turnpike and 1-95; because those additional trips can interfere with hut’ricane preparedness and post hurricane emergency relief use of the Florida Turnpike; because inability!to use t~is segment 6f road will decrease the options available for addressing transportS.ion ne¢.,ds caused by future growth in the north county area; and because it creates a preceden! of serif,us consequence and of significance to the Region. It is Council’s understanding that the developer is proposing to close Ryder Cup iBoulew from public use contrary to the development order condition requiring the reservation right-of-way for a public road through the development. Council has determine.el that, minimam, the proposed closure of the road to the public will require an amendment to D1LI development order. As part of. amendment process, information should be p.rovidec~ to rebut the presumption that the proposed change requires substantial deviation review. IA ¯ meeting should be scheduled by the applicant with Council, the City of Palm Beach Gardehs, Palm Beach County, and the Florida Department of Transportation to discuss the reformation that would be required to demonstrate that the proposed change will not create i additiohal . 1impacts On the regional roadway network and will not have significant impact on humcane preparedness for the north county ~ea. Phone (g61) 221o4060 . $C 269-4060 - l~ux (561) 221-4@67 - Eom~til "" trd of ta he ~ r~-Z~-~Z ib:49 P.03 Mr. Charles Wu February 21, 2002 Page 2. If you have any questions, please call me. Sineere~.~J~~es T. Snyder DRI Coordinator JTS/jts cc: Ken Metcalf, Department of Community Affairs Commissioner Karen Marcus, Palm Beach County John Krane, Florida Department of Transportation George Webb, Palm Beach County Talal Benothman, City of Palm Beach Gardens I T~ITOI CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 21, 2002 Date Prepared: February 1, 2002 Subject/Agenda Item: Resolution 1, 2002, approving a request by the PGA National Property Owners Association to amend the PGA National Traffic Control Agreement to limit vehicular access to PGA National to residents only between the hours of 6:00 PM and 6:00 AM daily. Recommendation/Motion: The City Council should condition the approval that the applicant must obtain the appropriate approvals from Palm Beach County and the Florida Department of Community Affairs before the City executes the amendment to the Traffic _C_o_nt ro I ~_qreement. Reviewed by: .,,~-"~Originating Dept.:Costs: $ N/A Council Action: Total City Attorney~.~-~v~"Planning Division [ ] Approved Finance ~-----///// ~~$ N/A [] Approved w/conditions Other ,~~"~~ .--Current FY ~[] Denied Advertised:Funding Source:[] Continued to: Date:[ ] Operating Attachments: Paper:[ ] Other 1. Resolution 1, 2002 [ X ] Not Required ?.. Letter_ from PGAI~la~nalpropert-~. (~~ ~ ~J~I uwners .=,ssoc,auon 3. Traffic Control Agreement (5-7-86) Growth Mgt. Director Affected parties Budget Acct.#:4. Resolution 24, 1990 5. Letter from PGA National Venture, Ltd. 6. Letter from Northern Palm Beach County Improvement District 7. Resolution 156, 2001, regarding the Traffic Summit 8. Letter from County Engineer 9. letter from City Traffic ~/,,~/~f-- Engineer Approve,[ X ] Notified [ ] None City Man~r’ge//"/[ ] Not required PGA National Traffic Agreement Meeting date: February 21, 2002 Date prepared: February 11, 2002 BACKGROUND: The PGA National Property Owners Association has submitted a letter dated July 19, 2001 (copy attached), requesting the City amend the PGA National Traffic Control Agreement to limit access to that community to only PGA National residents from 6:00 PM to 6:00 AM daily. Governmental and emergency vehicles would be exempt from this restriction. Currently, the security personnel at the guard gates may not prohibit access into PGA National under the Traffic Control Agreement signed by the City. The City of Palm Beach Gardens; PGA National Venture, Ltd., the developer of PGA National; the Northern Palm Beach County Improvement District; and the PGA National Property Owners Association executed the existing PGA National Traffic Control Agreement (copy attached) on May 7, 1986. The agreement addresses the operation of the guardhouse information booths and traffic access into and out of PGA National. All of the four parties to the agreement will need to execute the amendment for it to be effective. In this regard, letters of no objection from PGA National Venture, Ltd., which controls the commercial portion within PGA National, and from the Northern Palm Beach County Improvement District, which has jurisdiction over all the roads within PGA National, have been provided with this request. Copies of these letters are attached. Therefore, since the other party to the agreement is making the request, the only party to the agreement that has yet to take a position is the City. The PGA National Traffic Control Agreement has been previously amended one time. City Resolution 24, 1990 (copy attached), passed on March 1, 1990, authorized the Mayor to sign amendment to the agreement to allow the guard gates to be left in a down position 24 hours a day, every day. This amendment allows the general public to pass through the gates, "except for persons asking information or situations appearing to the guard to be suspicious." Prior to this amendment, the original agreement required the guard gates to stay in an open position between the hours of 6:00 AM and 10:00 PM every day. A principal reason for the current request is a concern about increased criminal activity during evening and early morning ("night time") hours. However, data to substantiate this concern have not been provided by the PGA National Property Owners Association. STAFFANALYSIS: The Northern Palm Beach County Improvement District ("Northern") has jurisdiction over all the roads in PGA National, including Ryder Cup Boulevard. This jurisdiction is based on the fact that the construction of these roads was financed by that agency. As Northern is a special taxing district, 2 PGA National Traffic Agreement Meeting date: February 21, 2002 Date prepared: February 11, 2002 the roads in PGA National are not required to be open to the general public and, therefore, may be gated. Ryder Cup Boulevard and other roads within PGA National will remain under the jurisdiction of Northern if access to non-residents is restricted between 6:00 PM and 6:00 AM. Ryder Cup Boulevard is also designated as a segment of Jog Road on the Palm Beach County thoroughfare plan. However, Palm Beach County currently has no jurisdiction over this roadway because it has not been conveyed from Northern to Palm Beach County. The conveyance of this roadway may be requested by Palm Beach County in the future. The City Council should consider the concerns of staffregarding this request. First and foremost, the proposed closure of access to PGA National during evening and early morning hours is contradictory to the results of the Northern Palm Beach County Traffic Summit. One major recommendation from the summit is to maintain and increase connectivity. The main reasons for this recommendation are: (1) to allow the distribution of vehicles on existing arterials, and (2) to consider hurricane evacuation during times of emergency. According to the Traffic Summit results (summary attached), gated communities are contrary to the objective of increased connectivity. In addition, allowing gates on collector or arterial roads, such as Ryder Cup Boulevard, may establish an undesirable precedent that may lead to similar requests in other areas of the City, such as when Haverhill Road was gated in Steeplechase. Furthermore, staff is concerned this request would allow further full public access restrictions in the future. The City’ s traffic engineer, the MTP Group, has submitted a memorandum dated February 7, 2002 (copy attached), which indicates that the proposed access restriction may require an amendment the approval of PGA National as a Development of Regional Impact. This process may take several months to complete. PUBLIC NOTICE / COMMENTS: The PGA National Traffic Control Agreement or city and state regulations do not require public notice of the proposed amendment to the agreement. The City staff has requested that the PGA National Property Owners Association provide a courtesy notice to all of the owners of property within PGA National. In response to this request, the PGA National Property Owners Association has mailed such a courtesy notice. The City staff has received a letter dated February 1, 2002 (copy attached), from the County Engineer George Webb regarding this request. Mr. Webb indicates: 1.The request is contrary to the approval of PGA National as a Development of Regional Impact 3 PGA National Traffic Agreement Meeting date: February 21, 2002 Date prepared: February 11, 2002 2.There is a perception that security is to be provided at the guardhouse locations. 3.Restricting access at 6 PM is too early. County data indicates 25% of daily traffic enters PGA National from 6 PM to 10 PM. 4.Residents are unaware that Ryder Cup Boulevard could become part of Jog Road in the future. STAFF RECOMMENDATION: If the request is approved, the City Council may want to condition the approval that the applicant must obtain the appropriate approvals from the County and the Florida Department of Community Affairs before the City executes the amended Traffic Control Agreement. g;\sc\txt\pgatrafagree011702 January 24, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 1, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE PGA NATIONAL TRAFFIC CONTROL AGREEMENT IN ORDER TO LIMIT VEHICULAR ACCESS BETWEEN THE HOURS OF 6:00 PM AND 6:00 AM TO RESIDENTS ONLY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City, PGA National Venture, Ltd. (referred to herein as the "PGA Developer" and referred to in the below cited section of the Agreement as "PGA National"), Northern Palm Beach County Water Control District (now known as "Northern Palm Beach County Improvement District") and PGA Property Owners Association, Inc. (the "POA") entered into a traffic control agreement on May 7, 1986, which was amended on March 1, 1990 (the "Agreement"); and WHEREAS, the Agreement provides for the operation of traffic control gates and guardhouses within the community of PGA National; and WHEREAS, the Agreement provides, in Section 2(a)(3), as follows: Any of the operational details regarding the guard house information booths on the major loop roads are and shall be subject to change, from time to time, based upon requirements of the City or by the request of the POA and PGA National for consideration by the City Council. The City Council shall consider the operational changes at a regular meeting and shall authorize the City Manager to notify the POA and PGA National of any changes by letter. and WHEREAS, the POA and the PGA Developer have requested a revision to the operational details such that, between the hours of 6:00 p.m. and 6:00 a.m., the POA may elect to have the guard houses permit access to the major loop roads within PGA National only to: (a) residents of PGA National, guests of residents, governmental and emergency January 24, 2002 vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire, and the property management companies for any Homeowner Associations or Condominium Associations within PGA National (with proper identification); and (b) all vehicles in emergency or evacuation situations as may requested or declared by City, County or State governmental authority; and WHEREAS, the City Council has determined that such a change to the operational details would benefit the City by providing increased security to the residents of PGA National. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The foregoing "whereas" clauses are herby ratified as true and confirmed, and incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and adopts the amendments contained in Exhibit "A" attached hereto and incorporated herein by this reference. Exhibit "A" amends that certain agreement dated May 7, 1986, as amended by Resolution 24, 1990, on March 1, 1990, pertaining to the operation of certain guard house information booths and operational details concerning the traffic control gates used in conjunction therewith, said facilities being located within the PGA National Planned Community District. Section 3. The Mayor and City Clerk are hereby authorized to execute, on behalf of the City, the amendment to the PGA National Traffic Control Agreement as set forth in Exhibit "A." Section 4. Other than as set forth herein or deleted hereby, the terms of the Agreement, as amended, shall remain in full force and effect. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective on adoption. Resolution 1, 2002 2 January 24, 2002 INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2002. JOSEPH RUSSO, MAYOR ATTEST: CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FURTADO COUNCILMAN SABATELLO Resolution 1, 2002 3 SECOND AMENDMENT THIS SECOND AMENDMENT is made and entered into this day of ., 2002, by and among the CITY OF PALM BEACH GARDENS, FLORIDA ("City"), PGA NATIONAL VENTURE, LTD. ("PGA National"), NORTHERN BEACH COUNTY IMPROVEMENT DISTRICT ("District") (formerly known as Northern Palm Beach County Water Control District), and PGA PROPERTY OWNERS ASSOCIATION, INC. ("POA"). WHEREAS, the parties have previously entered into that certain Agreement dated May 7, 1986 ("Agreement") and that certain Amendment dated March 1, 1990, which collectively, among other things, related to the conveyance of legal title to certain roads within PGA National Resort Community in Palm Beach Gardens, Florida ("Project") to the District and the operation of certain guard house information booths on Tournament Boulevard, Avenue of the Masters and Ryder Cup Boulevard, including operational details concerning the traffic control gates; and WHEREAS, the POA, with the approval of PGA National and the District, has requested that the City approve restricted access through the traffic control gates, between the hours of 6:00 pm and 6:00 am, under operational details as set forth in this Second Amendment; and WHEREAS, the parties hereto now wish to document their understanding and agreement with respect to the restricted evening access under the terms and conditions set forth herein. NOW, THEREFORE, based upon the mutual covenants contained herein and other good and valuable consideration exchanged between the parties, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: hereof. RECITALS. The foregoing recitals are true and correct and form a part 2.AMENDMENT TO AGREEMENT. a. Paragraph 2.a.2) of the Agreement (as previously amended) is hereby further amended to state in its entirety as follows (additions to prior language are underlined, and deletions are oL, ,~.,~,, ,,,,,.,u~, ,). "2) The POA shall have the right and authority to cause the automatic traffic control gates at each of the gate house information booths within the Project to be closed and in a down position on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year, including all days of leap year. Other than between the hours of 6:00 pm to 6:00 am, traffic will be allowed to pass through uninterrupted, except for persons asking information or situations appearing to the guard to be suspicious, in which event the guard shall take notice of the license plate of the vehicle and then contact the POA and/or the City Police Department. Further provided that in the event there is a back up or accumulation of traffic as a result of the security gates being in a down position, that such gates will be opened so as to facilitate the flow of traffic and avoid any such traffic back up. In order to keep traffic flowing on a smooth basis and to avoid traffic back ups, both ingress traffic lanes shall be operational and in use at each gate house information booth at all times. Between the hours of 6:00 pm and 6:00 am, the POA may elect to have the guard houses permit access to the major loop roads within PGA National only to: (a) residents of PGA National, guests of residents, governmental and emergency vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire, and the property manaqement companies for any Homeowner Associations or Condominium Associations within PGA National (with proper identification); and (b) all vehicles in emergency and/or evacuation situations may be requested or declared by City, County, or State governmental authority. In order to enhance awareness of the traffic gates being in a down position, a sign shall be installed at each entry to PGA National indicating that there is a "Stop Ahead" and such sign will include a blinking red light. The light pertaining to this sign shall be designed in such a way that it is recessed or enclosed within a protrusion so as to be visible to on-coming traffic, but be shielded from any homes adjacent to the road rights-of-way. T~,e ’~’" ^~’-" GUt "~~,, ,~., ,,~,,. ,~.~,, ~u~ u ,~ ,~u~. ,~ ~, va~ous CO~U~S 3. NO OTHER CHANGES. Except as specifically set forth herein, the Agreement (as previously amended) shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the day and year first above written. CITY OF PALM BEACH GARDENS NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT BY:BY: JOSEPH RUSSO, MAYOR ATTEST: CITY CLERK PETER L. PIMENTEL, EXECUTIVE DIRECTOR PGA NATIONAL VENTURE, LTD., a Florida Limited Partnership BY:NATIONAL INVESTMENT COMPANY, General partner PGA PROPERTY OWNERS ASSOCIATION, INC. BY:BY: E. LLWYD ECCLESTONE, CHAIRMAN PHILLIP LYDDON, PRESIDENT LAW OFFICE OF GARY D. FIELDS (561 ) 625-1200 ADMIRALTY TOWER ¯ SUITE 700 4400 PGA BOULEVARD PALM BEACH GARDENS, FL 33410 FACSIMILE (561) 625-1259 E-MAIL: gdflaw@bellsouth.net November 7, 2001 Via hand delivery Steven B. Cramer, AICP Growth Management ~ City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re:Guardhouse Modifications at PGA National Dear Steve: Enclosed please find the following regarding the above referenced project: 1. Check for Application Fee ($1,500); 2. Completed Development Application; 3. Proposed Resolution Modifying the PGA National Traffic Control Agreement (with copies of original agreement and prior amendment thereto); 4. Letter from Northern Palm Beach County Improvement District, confirming that the District has no objection to the proposed new traffic control procedures; 5. Letter from PGA National Venture, LTD, confirming its approval of the proposed resolution; 6. Copy of plans showing physical changes proposed for the four affected guardhouse/gate areas. -.Please have the Ci~x’ staff contact this office regarding any issues or additional items needed related to this application. Thank you for your assistance. GDF:hs (enclosure) pc: Dawn Levinstein RY D. FIELDS NO"THERN PALM BEACH COUN ’~’-" IMPROVEMENT DISTRICT 357 ~-T DRIVE, PALM BEACH GARDENS, FLORID~ ,~,18 ¯ 561-624-7830 ¯ FAX 561-624-7839 July 19, 2001 Attorney Gary D. Fields Admiralty Tower 4400 PGA Boulevard, Suite 700 Palm Beach Gardens FL 33410 Re:PGA National Gates Unit of Development No. 11 Dear Mr. Fields: Please be advised that at the May 23, 2001 regular Board meeting, the Northern Board approved a Resolution of No Objection with regard to limiting access into PGA National between the hours of 6:00 p.m. and6:00 a.m. to only: (a) residents ofPGA National, guests of residents, governmental and emergency vehicles, guests of the Resort Hotel, employees of the Resort Hotel, Golf Club, Tennis Club, Members Club, Devonshire and the property management companies for those ¯ homeowners associations within PGA National (with proper identification); and (b) all vehicles emergency and/or evacuation situations as may be requested or declared by the City, County or State governmental agencies. If you have any questions or require additional information regarding this matter please do not hesitate to contact this office. PLP/vbl Peter L. Pimentel Executive Director NAzi. oNAL INVESTMENT COI~.. ~ANY POST OFFICE BOX 3267 WEST PALM BEACH, FLORIDA 33402 E. LLWYD ECCLESTONE CHAIRMAN TELEPHONE 561 /686-2000 561/686-5553 October 22, 2001 The City of Palm Beach Gardens Planning and Zoning Department 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: PGA National - Resolution to Modify Traffic Control Agreement Dear Sir or Madam: PGA National Venture, Ltd., is the "PGA Developer" under that certain traffic control agreement entered into the City of Palm Beach Gardens on May 7, 1986, and subsequently amended on March 1, 1990. PGA National Venture, Ltd., hereby confirms its approval of the attached Proposed Resolution prepared by PGA Property Owners Association, Inc., and request that the City of Palm Beach Gardens adopt said resolution and amend the subject traffic control agreement accordingly. Sincerely, PGA National Venture, Ltd. National Investment Company, general partner E. Llwyd Ecclestone, Cha~rmar~ 2-07-202 2=48PM FROM MTP GROUP INC WPB FL +1 ~61 79S8238 MTP Group, Inc. 1279B Forest I;1111B~uleverd, Suite 303 Wellington, FL 33414, Phone: (561) 795.0ff78 Telefax: 15~I) 795-0230 MEMORANDUM P. 2 To: From: Date: Subject: Talal Benothman, AICP PrinciPaI Planner Marfa M. Tejera, P.E. ~( February ?, 2002 PeA National - Ryder Cup Boulevard Per your request we have reviewed pertinent information to evaluate the potential impact, of closing Ryder Cup Boulevard to through traffic between the hours of 6:00 PM and 6:00 AM, We have reviewed the following documents: the transportation section of PGA National DRI Application for Development Approval (ADA) and the TCRPC Assessment Report. It must be noted that Ryder Cup Boulevard. was analyzed as a public road through the DRI approval process. It must also be noted that this road was relied upon when analyzing and mitigating traffic impacts of PGA National. Finally,.thig road is identified .in the County Thoroughfare Map as a thoroughfare road, Based on ourknowledge of the area, the review of the documents referenced above, and our Professional judgment, we have the following comments about the proposed closure to Ryder Cup Boulevard: Through traffic using Ryder Cup Boulevard today will be diverted through Northlake Boulevard, PGA Boulevard and Military Trail. Military Trail, which is the next public road providing north/south movement, is located more than two miles east on Northlake Boulevard, and more than three miles east on PGA Boulevard. This diversion will significantly increase travel time. Th6 diversion to PGA .Boulevard and Military Trail will add congestion to two of the main roads in the heart, of the City of Palm Beach Oardens. Several developments have recently been approved in the City which will be "adding a significant amount of traffic on both PGA Boulevard and Military Trail. The adopted level of service on PGA Boulevard has recently been decreased by means o.f a CRALLS to allow more traffic for future development. Military Trail is also expected to reach its capacity in the near future. Additional traffic to these roads Will create additional congestion. 3~The operations of the "gates" during 6:00 PM ,a,d"6:00 AM are to be analyzed. Expected queues at the gates may block through traffic on both Northlake Boulevard and PGA Boulevard. The project is a Development of Regional Impact (DRI) which was originally analyzed with Ryder Cup Boulevard as a public road. The proposed closure has the potential to CITY OF PALM BEACH GAI:t[)ENS PLANNING & ZONING DEPL 2-07-202 FROMM’I’P GROUP INC WPB FL +1 561 7950230 Talal Be ,nothman, AICP February 7, 2002 PGA Nalional. Ryder Cup Boulevard Page 2 of 2 create unxeviewed regional impact on the transportation system and it is likely to require ¯ a Notice of Proposed Change (NOPC) to a previously approved DRI. A review .of existing and future traffic ~onditious in the area may be appropriate. A queue study to quantify traffic operations at the gates may also be appropriate to assure through traffic along Northlake Boulevard and PGA Boulevard will not be disrupted. Finally, the proposed closure may require a NOPC to be submitted to both the Department of Community Affairs and the Treasure Coast Regional Planning Council. Should you have any questions about the project, please give us a call at (561) 795-0678. C:~mtp~PBO~.PGANational ,gydovCupBIvd... CITY OF PALM BEACH GARDENS .FEB ~ 7 200.2 PLANNING & ZONING DEPTI Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.¢o, palm-beach, fl.us Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T Marcus Mary McCarty Butt Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman ~ printed on recycled paper February 1,2002 Mr. Charles K. Wu Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: PGA National Traffic Control Agreement Dear Mr. Wu: Palm Beach County staff reviewed a copy of your January 7, 2002, letter to Commissioner Marcus. We have the following objection and concerns relating to the proposed closure. We object to the closure of this public roadway based on our review of the PGA National DRI which clearly indicates that this is a public roadway and is to be open to "the residents of PGA National and surrounding communities." We believe that the closure would not meet the requirement of the DRI condition. Further, in the Traffic Control Agreement, as amended, in 2.a.2 "Traffic will be allowed to pass through uninterrupted ....." - this proposed restriction appears to violate that condition. If the above objections can be overcome, or are to be overlooked, we have two other issues associated with the proposed closure. 1) We have historically been concerned about the perception by current and future residents that this road would have a form of security provided at this location. We remain concerned about this perception and think that it will be heightened by the ability to deny access to this road for the first time. 2) The proposed time frame commences too early. When you evaluate the historical usage at one location, we found 25 % of the entering daily traffic occurred during the 6:00 P.M. - 10:00 P.M. time frame, while 7 % of the daily entering traffic occurred between 10:00 P.M. - 6:00 A.M. It would appear that the effect on traffic from and to the surrounding communities would be minimized with shortened hours of closure. Finally, there is an ongoing concern that current and future residents of PGA National are unaware of the possibility that Ryder Cup could become a continuation of Jog Road. We urge the City and the Property Owners’ Association to make this information available on an continuing basis. Sincerely, George T. Webb, P.E. Palm Beach County Engineer cc: Karen T. Marcus, County Commissioner Barbara Alterman, Director, Planning, Zoning & Building Marlene Everitt, Assistant County Attorney Charles Walker, Director, Traffic Division FROM-ECC~LESTONE ORGANiZATiON BBIBBBSBS~?-IB4 P.05/13 F-507 THIS IS AN AGI~EEMEI~T made and entered into this ?oh day of May ,, 1986 b~ and among ~he C~ O~ ~ R1CT (*’Dis~£c~*’) and ~he PGA P~0PE~ O~S ASSOCIATION, INC. ("POA") WI~SSE~ ~ ~E~S, PGA National ~s the developer of ~he PGA Nsclonal Eesor~ Co~ni~y In Palm Beach Gardens, Florida ("Project") ~~, ~he label ~i~le ~o Avenue of ~he ~pions, Ryder Cup Boulevard~ Tou~en~ Boulev~rd~ Medal~s~ Avenue, Avenue ~he Maseers snd Coventry Lane Is presently held hy ~he Di~ric~ ~S, ~he POA now w~shes ~o construeE ~a~d house ~o~.ti~ booEhs on s~e o~ ~he rlgh~s of way o~ed by ~he District a~ the foll~E loeaei~s~ (1) on To~am~nr ~ule- yard, wes~ of Avenue of the ~p(~sl (2) at the ~oreh end of Ryder C~p Boule#are, approx~tely 295 feet sou~h ~f ~he right-of-way llne of PGA Boulevardl and (3) on A~enue ~s~ers, eas~ of Avenue of ~he ~ions. ~e approximate location of each being as depleeed on ~he sketches hereto and made a part ~ereof; and ~E~S, ~he ~ar~les hereto w~sh ro provId~ for ~h~ log of a portion o~ Oraemoor Terrace and Aln~ck Road v~thln ProJec~ ~n the ~nner herelnaf~er sta~e~ so ~he enerances s~ch roads off Ryder Cup Boulevard would lle south of ~he proposed location for the Info~a¢ion booth ~o be oon6~ruc~ed ~he north end of Ryder Cup Boulevard, provided certain condi- tion, are me~, Including repla~tlng a po~tlon of cer~aln pla~s; and ~AS, ~he parties wish to fur~he~ set forth their agreement wi~h respect to providing an alternaEe security system ar Aln~ick Road and Graemoor Terrace ~ ~he even~ the propoBal ~o reroute traffic from those ~o s~ree~s cannot Implemented ~ and ~E~S, the par~les wish Io se~ forEb ~heir u~dersrandinE and agreemen~ wi~h respect ~o the construction, opera~ion maintenance of ~ard house Info~a~ion boo~hs a~ the Pro~ece. NO~, ~E~FO~, based upon ~rual ~ovenan~s con~ai.ed herein and o~her ~ood and valuable consldera~ion exchanged baleen the par~ie~, i~ is hereby agreed as i.RECITALS, ~e foregolnE reclrals are true and a. ~e following s~ll apply vi~h respec~ ~o ~he ~a~d house Info~a~Ion booths ~o 5e constructed at ~he ~or~h end of Ryder Cup Boulevard. on Tou~enr Boulevard near A~e~ue of the Ch~plons, on Avenue of ~he Mas~eTs a~ Avenue of the ~plons_ and as ro the exls~ing booth a~ the south end of Ryder Cup Boulevard near North L~e Boulevard: I) They ~11 have proper ~d adequate lighten ~d slgnaEe to facilitate traffie ~nd g~g ~nfo~a~ional asslsr~ee. Red ligh~s will be 040986 Ix/DMS P.06/13 F-BOT oates are ~o,~. 2 J They will have meehanl(~al gates that w~ll stay open between the hours of 6:00 a.m, and 10:00 p.m. (or such othez" tiJ~es as may be mutually agreeable to the City and the POA~, ~u.-~ng which t/me t.raf’- f~c w£ll be allowed to pass through un/nteZ’rupted, except fo~ persons asking Information or s~tuat~ons appea~’~ng to the guard to be suspi- clous, ~n which event the guard shaZl take note of" the license plate of fche vehicle and then contact the POA and/or the C~ty Police Oepart.~ent. 3} There w~11 be loop censors Installed :Zn the stteets enabling the arms of the ~e~hanical ga~es to be rai~ed when a ~ehicle passes over a desfgnated point enabling ~ngress between the hours of ~0:00 p.m. and 6:00 a.~. Thfs feature w111 have an ove~lde Bechan}sm a~ ~he guard houses. The traffJ~ gates w~11 be c2osed during hours other ~han between 5:00 a,~. and 10~00 p.~. (or such o~he~ tJmes as Bay be mutually agreeable ~o the City and the POA ). ResJde~ts wil~ have ~es~enC decaJs to be placed on the f~ont wJndsh]e~d ot ~hel~ ca~s and the guard w~]] open the gates as such veh~c2es approach f~ot~ ~0¢00 p.~. to 5:00 a.~. C~ty, County and State offJc~a} vehicles shall have the right to enter at all tJ~nes. 4) As to vehicles entering w~thout a decal before 6:00 a.m. or aftez ~0~00 p.m., the guard w~11 ask the destlnat~on and a11ow passage. The guard shall have the z]ght to telephone ot othezwlse not/fy any resldent of a guest who is present to vJS~t such resident. Zn the event of any actJvlty reasonably deemed to be suspJc~ous by the guard, the POA secut~ty w111 attempt to monitor such s~tuatlon thtough one of ~ts patrol cats and notlfy the C~ty Pollce Oepatt~nent, depending on clrc~stances. 5 J Any o£ ¢he operatEonal deta~s regardlng the guard house Info~matlon booths on the major loop roads ate and shall be subject to change, fzorn t~J~e to tJlne, based upon Te~ulre~ents of the C~ty or by the request of the POA and PG~ Na~’1on~j rSt- ~Eidetati~n by the CIty C6~nc~. The C~t# counb1~-sha~’[ con._sJoer" the~opez.a¢zonal Chan~es . at a regular mee-~i~g "and ~a~1 a~horlze .the C1~.y Manage~ t6.not~fy the POA and PGA N~tlonal of ~ny chan~,.e.~ b~-~-etter." 6) At each of the guard houses there wJ~l be two 2ones for traffic entering the Project w~th the ext=e~e rJ#ht lane specirJcaJJ¥ ma$ked tot ~esJdents. ~. EXISTING G~ARD hOUSE 1NFOFC4ATZON BDOTH ON AVENUE OF THE CHAMPIONS. The POA an~ic~pate~ usJng’-t’he exls~}hg-~ard ho~;’e ~nformatlon-booth-en Avenue of the C~amplonS only ~ut}n~ specla~ events a~te~ the tj~e tha~ the other guard house Information booths contempJated hereby become operational. The C~ty Police Oepa~ent may use th~s Avenue ot the ChampJons fact~y tot otrlc~al purposes. The POA has the right to remove such guard house at any time In the future. 4. AVOIDING ~VSAFE TRAFFIC CONDITZON~. ~n connection with aJ1 ot the guard house J~for~a¢~oh~booths ahd"~ates,"Jn the event of heavy t~afflc ~here vehicles ate backed up causing unreasonable o~ unsafe condltfons o~ blocking traft’1~ on PGA Boulevard, North Lake Boulevard o~ Avenue of the Champions, the 9uac~s w111 be tnst$ucted, upon request of the City PoLice Department or the POA. to open the gates and pe~mjt tTaflf]c to flow so as to avoJd unteasonable congestion an~ unsafe condltlons. MAY-IO-O010:17 FROM-ECCLFeTONE ORGANiZATiON 561B865553 T-tg~ P.OT/13 F-507 ~, HOUR5 OF OPERATZON. InJtlal~y, each of the guard houses, with the exception or the n~rth iocatton on Ryder Cup Bouleva~:d, wl~3 be operational twenty-four (24] hours per day afte~ const~uctfon Is completed. AFter the nozth guard house on Ryde~ Cup Boulevard is constructed, the POA will, at the request of the Clt¥o Cause such facility to be opened and manned on a four (24) bouts basis. Ou~lng such time that the facility at the north e~d of Ryde$ Cup Boulevard ~s not open twenty-fou~ (24) hour’s a day and thez~e ~s a fence o~: gate at PGA Boulevard and Rydet Cup Boulevard, such fence or gate will be constructed in such a mahner that will pez~njt entry by police, f~re, and othe$ e~e$gency vehicles which can make such e~t#y by ~emov~ng the barrier d~vlng through it, o~ by any othe~ means to gain ont~y Jn cazry~ng out thel~ duties and authorJty ts hereby specJf~cally g~anted to the City for s~ch pose and procedure with no obligation on the part of the City to pay fo[ o~ lnstaj1 repaZ$s to the fence o~ gate In connection with such entry. 6o PALM BE~CH C~UNTY. ~f 3n ~he Future ~he D~s~’lct ~equt~ed ~o convey ¢he ~l~h¢~f-way ~o~ Ryde~ C~ ~u~eva~d ~o Pa~ ~ach C~y lot such ~oad ~o be ~cluded wt~h£n ~he CO~tX ~oad syst~ as of ~9 Roa~, 1~ and ~ Pa~ ~ach Co~y ~ p~a~ed ~o ext~d ~ Road north, then the pa~ttes he~eb~ acknowie~ge that f~ ~d afte~ ~he date of such conveyance the guard ~use ~Fo~tLon ~ot~ ~ Ryd~ Cup ~u~eva~O ~y be closed at the $equest of Pa~ ~ch Co~ty ~d ~ 1~9e~ be ~e~at£onaJ. the des~e of the P~ and P~ National t~t the Ryde~ Cup ~uleva#d way no~ ~e conve~e~O P~ ~aCh-do~nty and t~t ~he POA be pe~tted operate the guard ~use ~nfot~t~on boot~ as 1~9 as 1¢ dens ~esj~abJe and the bes~ Jn~e~t Of the m~beTs of ~he P~. 7. AMENDMENT OF PORTION OF PLATS, The pa~ties agree that subject to a11 other provisions o~"~hJS A~P~ment ~e~atJng to a ~eplat of P~ats 3 and ~, por- tions of Plats 3 an~ 4, as he~eJna?te$ defined, s~11 be ~laCted te$oute a poTtlon ot G~a~o~ Terrace and Alnw~ck Road through Lot 171 o? Plat ~ and 126 or P Jet 3 ~ a ~nnet as deplcted on the Sketch attached hereto a ~nnec substantlally s~mLla~ thereto acceptable ~o the pa~tJes heTeto, so that the JocatJon of such ingress and egress c~nectJ~ w~th Ry@e~ ~uleva~d wt11 be south oK the guard house ]nfo~tlon booth to De ~nst~ucted at the north ~ of Ryde~ Cup ~uleva~d. The z~lattJng and const~uctlon cont~lated by the pa~ties In ~nnection with ~his Ag~e~t is subject to and contingent ~on the foJlowing: a.The ability of ~he P~A to be able to acquire title to Lot 126,PGAResor~ Community Plat ], Plat ~ok 37, pages 170-182, Public Reeo~ of Pa~ ~ch Co~ty, Florida (~la~ ~"~, en~ t~ ability o~ the PO~ to be able to acquice title to Lot ~71 of PGP Resort C~ity Plat 4, Pia~ ~ok 40, pages 190-19~, Pub/£c Re~s of Pa~ ~eh County, Florida ("P/at 4"J, ~o~ a pu~e~se p~lce an~ undec te~ and ~ndittons acceptable to It~ b. Approval of a11 property owners owning real pcoperty located A]nwick Road and Graemoor Ter~ace~ and thel~ mortgagees, if necessary, consenting to a ~eplat O~ a portion of the aforesaid P/ats 3 and 4, and thei~ subsequently signing a ~eplat or other Gocument required ~n connec/;ton with the ~eplat; c. Approval of the Buzwick H~eowners Association, 1no, and the Ha~lwood Homeowners Association, inc., the POA, PGA Nationa~, the City and the District. MAY-IO-O0 IO:IT FRO~ECCL~e~E ORGAHI2A~ION T-IB4P.0811~ F-507 d. If and ~hen all approvals and eond~¢ions of this Agreement bays been met, with respect to the replat, and acquisition of said Lots 126 and 171 has been co=~leted, actual construction and related work may be commenced by the POA to implement the rerouting of Alnwick Road and Graemoor Terrace. 8., ALTERl~ATE ~LAN FOR SECURITY GATES....~T O~OOE TE~GE. Zn-~he event =he ’p£opo~=l ~o amend ~ poruion bf ~Ia~S ~= and ~ ~o rerou~e a portion of ~he rights-of-way of Alnwick Road and Graemoo~ Terrace to Ryder C~p is no~ accom- plished either because all proper~y o~ers o~in on those a~reegs fail ¢o consent within a reasonable because she POA was unable ¢o acquire referred ¢o in paragraph 2. hereof, ~nder ce~s and conditions acceptable ~o it, or because of any o~her reason preven~iug ~plementa¢ion of eha¢ pIan, then, iu ~ha¢ event, she parties agree than a system of electronic gates can be Alnwick Road and Graemoor Terrace near gy~e~ C~p ~oulevard ¢o be operated by a key card and loop sensor sys~e~ ~¢h an override s~ech a~ ~he Ryder CUp Boulevard north ~ard house £nfo~ation booth. 9. AGREEMENT TO HOLD HARMLESS. In the event any lawsuit is brought ~nst~e C~t~ Dls~c~ or PGA ~at$onal by anyone in connection with the guard house Info~natlon booths, mechanical ~ates, opera~ion thereof or relating to any other provision of this Agreement, the POA agrees to defend and hold harmless ~he City, District and PGA Nsrlonal, and its and their agents, consultants and staff, from and agalnsr any such claims, suits, expenses and costs relating thereto, including a~torneys’ fees and court costs through any appellate procedinEs. I0.GE~ERA~ PROVISIONS. . a. This agreemen~ represents ~he entire unders~an~- in~ and agreement between ~he parties with respect Eo this subject matter and supercedes all other negotiations, ’understandlnas and represen~atlons, if an~, made by and between ~he par~ies. b. This a~reemeut may no~ be amende~, supplemented, waived or changed orally but only by ~Tit~en instrument signed by all parties. c. No party shall have the right to assign its ri~hns or obllga~ions hereunder without prior written consent of all other parties. d. This agreement is binding upon ~he parties hereto and their respective legal representatives, successors and per~itted assigns. e. Any notices, requests or consents or o~her communlcat~ons required or permitted under this agreemen~ shall be in wrltlng and either personally delivered or sent 5y regular U.S. Mall ~o the las~ known address of the par~les or to any other address as a party may hereafter designate by written no~ice, f. The headings contained in this agreement are for convenience of reference only and shall not li=~t or otherwise affect in any way the meaning or Interpretation of this agreement. g. If any part of this egreement or any o~her agreement entered Into pursuant hereto is contrary to, -4- FROM-ECCL~ ’NE ORGABIZATION 5616865553 - ~B4 P.Og/13 F-BOT regulation, such provision shall be om£tCed Co the extent so tone.arT, proh£bi~ed or £nval£d, buC the remalnde~ hereo£ shall noC be i~valida~ed thereby and sha~l be ~iven full £orce and ef£ec~ as far as possible. h. Th~s a~reement shall be ~over~ed and cons~r~ed aceord~n~ ~o ~he £n~ernal laws of the $~ate of Flor£de and venue o~all proceedings ~n conuect$on he~e~£th shall be exclusively in Palm Beach County, Florida. ~ ~ITNESS W’dEREOF, che par~£es have he~ein~o ~e¢ hands and seals ~he day and year flrsc above written. a F~o~£da Llm£~ed Pa~ue~eh~p BY: ~TION~ INVESTMEFI CO.ANY, ~:s Hanag$~~ Pres£denc ~. ....j CONTEOL DISTR~CT -s- FRO~-ECCLESTON~ ORe, AN I ZATION ~’-164 P,04/13 F-507 RESOLUTION 24, 1990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GAILDENS, FLORIDA, AMENDING TKAT CERTAIN AG~KMENT DATED MAY 7, 1986, WHiP.BIN Th~ CITY WAS A PARTY PERTAINING TO THE OPERATION OF CERTAIN GUARD HOUSE INFORMATION BOOTHS AND OPERATIONAL DETAILS CONCERNING THE TRAFFIC CONTROL GATES USED IN CONJUNCTION THEREWITH, SAID FACILITY BEING LOCATED WITHIN THE PGA NATIONAL RESORT COM- MUNITY, A PLANNED COMMUNITY DISTRICT~ AhTD, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEBEWITH~ AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF- BE I~ RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM ~EACH GARDENS, FLORIDA; Section i. The City Council of the City of Palm Beach Gardens, Florida, hereby approves and ~dopts ~he 82Aendments contained in Exhibit "A" attached hereto; said Exhibit "A" amending that certain agreement, dated May 7, 1986, wherein the City was a party pertaining to the operat.ion of certain Guard House Information Booths and operational details concerning the traffic control gates used in conjunction therewith, said facility being located within the PGA National Resort Community, a Planned Community District. Section 2. The Mayor and City Clerk are hereby authorized ~o execute on behalf of the City the agreement described in Exhibit "AII . Section 3. All ~esolution or parts of Resolutions in conflict herewith are hereby repealed. Section 4. This Resolution shall be effective ~pon date of passage. INTRODUCED,PASSED AND ADOPTED THIS~./_ .. _D.AY OF~CI{, ]’990. ATTEST APPROVED AS TO ,roR:A AND FROPECCl P-STONE ORGANIZATION 5616865553 7-16~ P.02/13 F-50T THIS IS AN AMENDMENT made and entered into as of this of ~.~t~ ........., 1990 by and among the c~TY O~ ~%LM BEACK SARDENS, ~LORIDA ("Ci=y"), PGA NATTONAL VENTURE, L~D. ("PSA National"), NORTHERN PALM ~EKCH CO~NTY WATER CONTROL DISTR~CT ("District"] and PGA ]?ROPERTY OWNERS ASSOCIATION, INC. {"POA"). WHEREAS, the parties hereno have previously entered into that certain Agreement dated May 7, 1986 (,’Agreement") which, among other things, related to the conveyance of legal title to certain roads within PGA National Resort Co~tmunity in Palm Beach Gardens, Florida ("Project") to the District and the opera~ion of certain guard house information booths on Tournament Boulevard, Avenue of the Mas~ers and Ryder Cup Boulevard, including ope~anional details concerning =he ~raffic control gases; and WHEREAS, the POA and PGA National have requested that the City and the District approve the lowering of the security gates a~ the a~oremen¢ioned gate house infolnnation booths on a twenty-four hour basis under operational de~ails as set forth in this Amendment; and WHEREAS, the parties hereto now wish to documenn their understanding and agreement with respect to the closing of the aforesaid security gates under the 5er~s and conditions se~ forth herein. NOW, THEREFORE, based upon the mutual covenants contained herein and other good and valuable consideration exchanged between the parties, the recsipt and adequacy of which are hereby acMnowledged, it is agreed as follows: I. RECITALS. The foregoing recitals are true and correct and form a part hereof. AM~=~JDMENT.. _’~0 AGREEMRNT . a. Paragraph 2.a.2) of the Agreement is hereby deleted in its entirety and the following is sUbstituted in lieu and in place thereof: ,2) The POA shall have the right and authority to cause the automatic ~raffic control gates at each of the gate house information booths within the Project to be closed and in a down position on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year, including leap year. Traffic will be allowed to pass through uninterrupted, except for persons asking information or situations appearin~ to the guard to be suspicious, in which event the guard shall take notice of the license pla~e of the vehicle and then contact the POA and/or the City Police Department. Further provided that in the event ~here is a back up or accumulation of traffic as a result of the security gates being in a down position, tha~ such gates will be opened so as to facilitate the flow of traffic and avoid any such traffic Pack up. In order to keep traffic flowing on a smooth basis and to avoid traffic back ups, both ingress traffic lanes shall be operational and in use at each gate h~use informanion boonh at all times. In order to enhance awareness of the traffic gates being in a down position, a sign shall be installed at each ent~’y to PGA National indicating that there is a "Stop Ahead" and ~uch sign ~Y-lO-O0 tO:f5 FRONI-ECC’¢STONE ORGANIZATION 5BlBBB5553 ~-IB4 P.(~/I% F-507 unft of Oeveto~men~ #o. II will include a bl£nking red light. The light pertaining to this sign shall he designed in suc~ a way that it is recessed or enclosed within a protrusion so as to be visible to on-coming traffic, but he shielded from any homes adjacent to the road rights-of-way. The PeA shall be able to provide informational maps at each of the gate house information booths ~c be handed out to persons seeking information about the locations of various communities within PGA National Resort Community, or persons otherwise seeking~!n£0rmation about model sales centers and/or community sales centers." b. Paragraphs 2.a.3), 4) and 6) are hereby deleted their entirety ~nd paragraph 2.a.5) is hereby renu~bered to be paraqraph 3. NO..OTHE~. CKAN@E~. Except as specifically set forth herein, the Agreement shall remain £n full force and effect as originally written. IN W~TNESS W~EREOF, the parties have set their hands and seals as of the day and year first above written. C~P P~L~ ~EACH~RNS, PLORIDA PGA NATIOnAL VENTURE, LTD., a Florida Limited Partnership BY: NATIONAL INVESTMRNTCOMP~ Managing Partner /~/ Steven A. Tendrich President NORTHERN PALM BE/%C~ COUNTY WATER CONTROL DISTR~CT wXll~amL gersiake, President Board of Directors PGA PROPERTY OWNERS ~%SSOCIATION, INC. E. Llwyd Ecci~ston~, Jr. President 2 October 19, 2001 RESOUTION 156, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE RESULTS OF THE NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM BEACH GARDENS ON MARCH30 AND 31, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has taken a leadership r01e in addressing existing and potential traffic congestion in Palm Beach Gardens and adjacent areas; and WHEREAS, in coordination with Palm Beach County and the Town of Jupiter, the City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on March 30 and 31, 2001, which was attended by local officials representing various local governments and other groups in northern Palm Beach County and southern Martin County; and WHEREAS, the City of Palm Beach Gardens formally supports the recommended policies that resulted from the traffic summit and is working with the other communities in this area to implement those policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. The City Council hereby supports the "Summary of Results" from the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit "’A." The top four problems identified in these results are connectivity, land-use patterns, level of service and modes of transportation. Section 2. The City Council hereby acknowledges that the above problem areas are conceptual and have different relevance to individual projects based on the design parameters of the specific project. ...................... Section 3 .... The results of the traffic summit-shall be used.as..a planning tool-and policy statement, but neither the adoption of this document by the City Council nor the inclusion of any statement within this document is intended to amend, alter or modify the existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such changes necessary to implement the results of the traffic summit would require subsequent adoption in accordance with the applicable procedures required by the City Charter and Florida law. Section 4.This resolution shall become effective upon adoption. Resolution 156, 2001 1 October 19, 2001 PASSED AND ADOPTED THIS ATTEST: CAROI;. GOLD,kI~MC CITY CLERK DAY OF ~.~ 2001. AND SUFFICIENCY: LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO AYE NAY ABSENT g:\sc~resol\trafsummit Resolution 156, 2001 2 EXHIBIT "A" NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT SUMMARY OF RESULTS I SUMMARY All traffic problems discussed fell into five categories: Community Character Connectivity Land Use Patterns Level of Service Modes of Transportation The five top problems identified in each category were as follows: Community Character:. Lack of Connectivity Mass transit not used or accepted Existing power lines Lack of pedestrian bike paths between neighborhoods No intergovernmental coordination Connectivity: Gated communities with single entry Lack of pedestrian paths between neighborhoods Lack of optional routes Resistance to connectivity Not enough east/west corridors Land Use Patterns: Connectivity Disincentives for collaborative work Resistance to connectivity General separation of land uses Low-density development creates greater distances Level of Service Uniform countywide level of service encourages sprawl ..............Cons~icted roadway at lower !evelof service (CRALLS) Lack of connectivity Disincentives for collaborative work Defining reasonable standards for capacity Modes of Transportation Lack of funding Lack of meaningful bus service Lack of optional routes Cars needed to perform routine tasks Mass l~’ansit not used or accepted NORTHERN PALM BEACH COUNTY TRAFFIC SUMM1T, MARCH 30 & 31, 2001 FlN A L REPORT M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: From: Subject: Councilwoman Lauren Furtado Leonard G. Rubin, City Attorney~,*~ Ownership of Loop Roads within PGA National , Date:February 5, 2002 CC:Hon. Mayor and City Council Ronald M. Ferris, City Manager Charles Wu, Growth Management Director You requested a legal opinion concerning the ownership of the major loop roads, such as Ryder Cup Boulevard and Avenue of the Masters, within the PGA National Planned Community District. Specifically, you asked whether such roads were "public" or "private." The major loop roads within PGA National are owned by the Northern Palm Beach County Improvement District ("Northern"), a special district created by the legislature and governed by chapter 298, Florida Statutes. Consequently, by virtue of Northern’s ownership, the roads are "public." However, as a special district, Northern may exercise all powers set forth in its enabling legislation. The special act governing Northern’s operation specifically authorizes Northern to designate "roads for the exclusive use and benefit of a unit of development and its residents" upon receipt of written consent of the owners of 75 percent of land located within a unit of development. Chapter 2000-467, Laws of Florida. Additionally, in the event Northern constructs all or a portion of a major thoroughfare or transportation route, Northern may not limit access to the roadway without the written consent of Palm Beach County. As you are well aware, Ryder Cup Boulevard is included within the County’s thoroughfare plan as a future extension of Jog Road. The PGA National POA is cognizant of the legal requirements for restricting access to Northern’s roads. It is my understanding that Northern has already approved the request by the PGA National POA to restrict access to its roadways from 6:00 p.m. to 6:00 a.m. and has executed the proposed Second Amendment to the Traffic Control Agreement. Therefore, assuming that all legal requirements are met, including written consent from the County for limited access to Ryder Cup, Northern may limit access to the roadways, notwithstanding "public" ownership. Should you have any additional questions or concerns, I will gladly address them. P:\C PWin\History\000306A\446.23(scw) (319.055) CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 SUBJECT/AGENDA ITEM SP-01-37- Amendment to Site Plan Request for Parcels 27.05/.06 Resolution 27, 2002: A request by the Catalfumo Construction and Development Inc., owner of the subject parcel, to consider and approve amendments to a previously approved site plan. The proposed amendments primarily deal with replacing the approved hotel building with three office buildings, amending Condition # 9 of Resolution 26, 2000, and other minor changes to the approved office and retail buildings. The subject site is located along PGA Boulevard, south and west of the Meadows Mobile Home Trailer Park, and south of the Gardens Mall, within the Regional Center Development of Regional Impact (DRI). Parcel 27.05/.6 is designated Retail/Office/Hotel on Map H of the DRI, and consists of approximately 16 acres. RECOMMENDATION Staff recommends approval of Resolution 27, 2002 with conditions. Reviewed by: Principal Planner Talal M. Benothman/~ City Attorney Finance NA Human Res. NA Submitted )~y: Growth g~/i Nlan~l:~ement Directo ~,~L~, Charles]K. Wu, AICP Originating Dept.: Growth Management: Project .,,~)Planner Talal M. Benothman, AICP Advertised: Date: Paper: [] Required [X ] Not Required C~ty Manage~~]~ " FINANCE: NA Costs: $, Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [" ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec: Denial [ ] Continued to:~ Attachments: ¯ Site Plan ¯Landscape Plan ¯Architectural Drawings ¯Tables 1 & 2 ¯Applicant Request & Justification ¯Resolution 27, 2002 None City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-01-37 BACKGROUND DR/Back.qround On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by Resolution 9, 1984. The DRI has been approved for a mixture of land uses consisting of retail, office, hotel, residential, open space, and community use. The Development Order currently permits the development of 1,440,000 square feet of retail (1,390,000 square feet exclusively for the Gardens Mall and 50,000 square feet for Parcel 27.05/.06), 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. Sub/ect Parcel Backqround On May 4, 2000, the City Council approved Resolution 26, 2000, allowing a 179,070 square foot multi-use development on the 16-acre site to be completed in one phase of development. The development approval permits two retail buildings each with a 25,000 square foot floor area, two office buildings with 24,500 square feet each, one bank building with 3,420 square feet of floor area, and a three-story hotel building (118 rooms) with 76,650 square-foot floor area. It is the hotel building that the applicant requests to replace with three single-story office buildings, and other minor changes to the exterior of the approved office and retail buildings on site. PROCEDURE This is a request for an amendment to a major site plan review within a Planned Community District (PCD). The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. LAND-USE AND ZONING The future land use designation of the subject site as reflected on the City’s Future Land Use Map is Professional Office (PO). The zoning classification of the site is a PCD with underlying zoning of Professional Office (PO) and General Commercial (CG1). subject site’s land use designation on Map H of the DRI is Retail/Office/Hotel. Please see Table 1 for information on the consistency of the petition with the City’s Land Development Regulations (LDRs). 2 City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-01-37 PROJECT DETAILS Proposed Site Chanqes The applicant proposes the following changes: Replace the 76,650-square foot (118 rooms) hotel with three single-story office buildings totaling 27,242 square feet. Office Buildings 3 and 5 will each be 10,120 square feet and Office Building 4 will be 7,002 square feet. Modify Condition # 9 of Resolution 26, 2000, to extend this condition to the three proposed office buildings. This condition specifies that the petitioner may convert up to 27,000 square feet of general office space in Office Buildings 1 and 2 to medical or dental office, provided additional development impacts are mitigated for and additional development requirements, resulting from the conversion, are met. Modify the south elevation of Retail Building 2 by extending the screen wall for the dumpster enclosure to the southwest corner of the building. This is done to accommodate placing electrical equipment needed at that location. Modify the window frames and glass colors of Office Buildings 1 and 2 and Retail Buildings 1 and 2. These buildings were approved with bronze frames and bronze tinted glass. The requested colors are white frames for all buildings with gray tinted glass on Office Buildings 1 and 2 and clear glass on Retail Buildings 1 and 2. Site Access Circulation The subject site is directly accessed through two driveways east and west off of Minsk Kew Gardens, which connects directly south to PGA Blvd. Phasinq The project was approved for one phase. The construction and development of the site is currently underway. Architectural Style The proposed architectural style of the buildings represents a Mediterranean architectural style. The proposed external modifications to the buildings and the architectural style of the newly proposed office buildings do not alter the overall architectural theme previously approved. City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-01-37 Landscaping The landscape plan has been changed to accommodate replacing the hotel with the three proposed office buildings. The applicant has provided additional landscaping exceeding the minimum landscape point system. Parking The applicant is proposing to provide 111 parking spaces for the three single-story office buildings. The City’s LDRs require 91 parking spaces. The additional 20 parking spaces proposed represent an increase of 22%, which requires a waiver since the increase is greater than 10% of the required parking needed for site plan change. The dimensions of the parking stalls comply with LDRs requirements. The total number of handicapped parking spaces required and provided is 4 and 5, respectively. S~qna_cle The applicant is requesting approval for eleven flat wall and tenant signs that are allowed by the City’s LDRs. The applicant will provide the requested signs prior to Planning and Zoning Commission meeting. The requested signs are as follows: Type of Sign Major tenant sign Ground floor/flat wall sign Major tenant sign Ground floor/fiat wall sign Building Location South 1 South West South 1 South Per- mitted Re- quested 1 In Compliance Yes Yes Yes Yes Yes No Waiver No No No Major tenant sign South 1 1 Yes No Ground floor/flat wall South 2 2 Yes No sign East 1 1 Yes No Total 11 Drainaqe The applicant will use current and existing drainage conditions/pattern on site. 4 WAIVERS City Council Meeting Date: February 21, 2002 Date Prepared: February 4, 2002 Petition SP-01-37 Waivers Section 345(d)(3): Increase in parking spaces is not to exceed 10% Required 91 parking spaces Proposed 111 parking spaces (22%) Staff Recommendation Approval* * Staff recommends approval of the requested waiver because the applicant has provided additional landscaping within the affected area of the overall site. Comments from the Development Review Committee (DRC) Planning and Zoning Division The Planning and Zoning staff and other DRC members raised no concerns with respect to this petition. The applicant has addressed all of the minor comments raised during the DRC review. Police Department The Police Department raises no concerns, except standard comments to improve security for the general public. City Engineering City Engineer’s office did not raise concerns. The applicant has submitted a traffic equivalency statement demonstrating net reductions in the number of trips resulting from replacing the hotel with the three office buildings (please see attachment). PLANNING AND ZONING RECOMMENDATION On January 22, 2002, the Planning and Zoning Commission considered the subject amendments to Parcel 27.05/.06 and recommended approval with a vote of 6-0. STAFF RECOMMEDATION Staff recommends approval of Resolution 27, 2002, with conditions, and the requested waiver. G:Talal/SP-01-37-cc-str1 02Table 1: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS Subject Property Planned Community Retail/Office/Hotel North Mobile Home South Public and Commercial East Mobile Home West Professional office uses District (PCD) with underlying Professional Office and General Commercial zoning Residential Mobile Home (RMH) General Commercial (CG) and Institutional (I) Residential Mobile Home (RMH) Professional Office (PO) Professional Office (PO) Mobile Home (MH) Commercial (C) Professional Office (PO), and Public (I) Mobile Home (MH) Professional Office (PO) Table 2: SITE ANALYSIS AND CONSISTENCY WITH CODE Maximum Density/Intensity for: Professional Office = 35% lot coverage Minimum Building Site Area for professional Office: None Minimum lot Width for Professional Office = 100 feet Maximum Building Height for Professional Office= 36 feet Front Setback for Professional Office= 55 feet Side Setback for Professional Office = 15 feet Side Setback Facing a Street for Professional Office = 15 feet Rear Setback for Professional Office= 15 feet Required Parking: 1 space per 300 square feet= 91 parking spaces 17% 16 acres > 100 feet 34.5 feet 55 feet 15 feet 15 feet 75 feet 111 parking spaces Yes Yes Yes Yes Yes Yes Yes Yes Yes RESOLUTION 27, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED SITE PLAN FOR PARCEL 27.05~.06 TO ALLOW THE REPLACEMENT OF A HOTEL BUILDING WITH THREE SINGLE-STORY OFFICE BUILDINGS TOTALING APPROXIMATELY 27,000 SQUARE FEET; EXTENDING CONDITION # 9 OF RESOLUTION 26, 2000 TO THE NEWLY ADDED OFFICE BUILDINGS; AND AUTHORIZING MINOR MODIFICATIONS TO THE EXTERIOR BUILDINGS OF APPROVED STRUCTURES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Catalfumo Construction and Development, Inc., owner of the subject parcel, for approval of an amendment to the previously approved site plan of Parcel 27.05/.06, located within the Regional Center DRI along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks one waiver as part of an approval of an amendment to a previously approved site plan; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Professional Office (PO) and General Commercial (CG1) a future land use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, on January 22, 2002, the Planning and Zoning Commission recommended approval of the amendment to the previously approved site plan petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the following amendments to Resolution 26, 2000: Replace the 76,650-square foot (118 rooms) hotel with three single-story office buildings totaling approximately 27,000 square feet. Office Buildings 3 and 5 will each be 10,000 square feet and Office Building 4 will be 7,000 square feet. The Resolution 27, 2002 Prepared On: February 4, 2002 subject parcel is located within the Regional Center Development of Regional Impact along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. J Modify Condition # 9 of Resolution 26, 2000, to extend this condition to the three proposed office buildings. This condition specifies that the petitioner may convert up to 27,000 square feet of general office space in Office Buildings 1 and 2 to medical or dental office, provided additional development impacts are mitigated and additional development requirements, resulting from the conversion, are met. Modify the south elevation of Retail Building 2 by extending the screen wall for the dumpster enclosure to the southwest corner of the building. This is done to accommodate placing electrical equipment needed at that location. Modify the window frames and glass colors of Office Buildings 1 and 2 and Retail Buildings 1 and 2. These buildings were approved with bronze frames and bronze tinted glass. The requested colors are white frames for all buildings with gray tinted glass on Office Buildings 1 and 2 and clear glass on Retail Buildings 1 and 2. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: Prior to issuance of the second Certificate of Occupancy of the three Office Buildings, 3, 4, and 5, the applicant shall install and complete the northern and eastern buffers of the subject parcel and install all landscaping for Minsk Gardens Boulevard (City Forester). Prior to the issuance of each building permit for interior renovations of medical or dental space, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease of Office Buildings 1 through 5 for approval by the Planning & Zoning Division. The applicant or its agent is limited to converting up to only 27,000 square feet of general office to medical or dental office, provided all applicable land development regulations, such as parking requirements, pertaining to said conversion are met (Planning & Zoning). Within three weeks of the effective date of this development order, the applicant shall submit to the City’s Growth Management Department a 3.5" disk or other City approved electronic media containing digital files of approved amendments to Parcel 27.05/.06 (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: Section 78-345, Number of parking spaces required, to allow for an additional 21 parking spaces over and beyond the minimum number of parking spaces required by Code for the subject parcel. 2 Resolution 27, 2002 Prepared On: February 4, 2002 Section 4. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1.Site Plan Development, Parcel 27.05/.06, Gentile Holloway O’Mahoney & Associates, Inc., Revised on January 29, 2002, Sheet SP-I. 2.Landscape Plan, Parcel 27.05/.06, Tucker Environmental Contractors, Inc., Revised on January 31,2002, Sheets L1-L8. 3.Office Building No. 1, Stephen Boruff, AIAArchitects and Planners, Inc., Revised on December 18, 2001, Sheet A2, and Sheets A5 and A6 revised on November 5, 2001. 4.Office Building 2, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on January 31,2000, Sheet A-I. 5.Retail Building 1, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on January 31,2000, Sheet A-2 and A-3. 6.Retail Building 2, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on April 14, 2000, Sheet A-4 and A-5. 7.Office Building 3, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on November 8, 2001, Sheet A-6. 8.Office Building 4, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on November 8, 2000, Sheet A-7. 9.Office Building 5, Parcel 27.05/.06, ADA Architectural Design Associates, Revised on November 8, 2000, Sheet A-8. 10.Lighting Plan, Romcke Coburn Engineering, Co., Revised on July 31,2001, Sheet 2001-0403B. 11.Conceptual Drainage Plan, Schaefer and Fagan Consulting Engineers, Inc., Revised on November 2, 2001, Sheet 1. Section 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. Section 6. If any clause, section, other part or application of this Resolution is held by a court of competent jurisdiction to be invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Resolution shall be effective upon adoption. 3 Resolution 27, 2002 Prepared On: February 4, 2002 PASSED AND ADOPTED THIS THE DAY OF February ,2002. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT G:Talal/SP-01-37-re 4 Exhibit A Parcel 27.05/06 Legal Description Parcel 27.05 and Parcel 27.06 as shown on the Plat of Regional Center Parcels 27.05, 27.06 & 27.R02 as recorded in Palm Beach County Plat Book 88 on Pages 104 and 105. RESOLUTION 26, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SITE PLAN OF DEVELOPMENT FOR A MULTI-USE PROJECT WITH A TOTAL OF 179,070 SQUARE FEET AND CONSISTING OF A BANK (3,420 SQUARE FEET), HOTEL (76,650 SQUARE FEET), OFFICE BUILDINGS (49,000 SQUARE FEET) AND TWO RETAIL BUILIDNGS (50,000 SQUARE FEET), AND FOR THREE WAIVERS TO ALLOW THE USE OF SPECIALTY PAVERS, FIVE LOADING SPACES INSTEAD OF THE TWELVE REQUIRED BY CODE, AND REDUCE THE DIMENSIONS OF PARKING STALLS FOR THE HOTEL FROM (10 X 18.5) TO (9 X 18.5) FEET,LOCATED ALONG PGA BLVD. WITHIN THE REGIONAL CENTER DRI AND PCD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Mall Properties, Limited, for approval of a master site plan for the construction of a multi-use development with a total square footage of 179,070 and consisting of a bank with 3,420 square feet, a hotel with 76,650 square feet, two office buildings with 49,000 square feet, and two retail buildings with 50,000 square feet, and for three waivers to allow the use of specialty pavers, allow only five loading spaces instead of the twelve required by Code, and reduce the dimensions of parking stalls for the hotel from (10 X 18.5) to (9 X 18.5) feet, located along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Site Plan and Appearance Review Committee recommended approval of petition SP-99-05 with conditions, but made no recommendation with respect to the hotel building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a master site plan for a multi-use development consisting of a.bank with 3,420 square feet, a hotel with 76,650 square feet, two office buildings with 49,000 square feet, and two retail buildings with 50,000 square feet, and for three waivers to allow the use of specialty pavers, allow only five loading spaces instead of the twelve required by Code, and reduce the dimensions of parking stalls for the hotel from (10 X 18.5) to (9 X 18.5) feet, to the property located along PGA Blvd. within the Regional Center DRI, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Said site plan approval shall comply with the following conditions which shall be applicable to the applicant, its successors, assigns, and/or grantees: Prior to issuance of the first certificate of occupancy, Minsk Gardens Blvd. shall be constructed by the applicant and open to the public between PGA and Kew Gardens Avenue; 2.This approval does not include approval for outdoor seating with service at any future restaurant; 3. All signs must be in the form of individual letters and not boxes; This approval does not include approval for any sign to be located on the subject site. The applicant must submit a separate petition for signage approval to the Planning and Zoning Commission and the City Council (Planning and Zoning); The eastern 35-foot easement depicted on the site plan shall provide for a minimum ten-foot wide unobstructed pedestrian access for the purposes of implementing the City Center Linkages plan; The petitioner must place the powerline along PGA Boulevard underground similar to the rest of the Regional Center road frontage. If landscaping or existing native vegetation were to be removed or could not be installed per the approved plans due to utility work or easement restrictions, the Landscape Architect of Record shall revise the plan of development to effectuate the original intent of the approved plan in a manner acceptable to the City Forester; The petitioner is responsible for the maintenance of PGA Boulevard and Minsk Gardens Avenue landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials; All of the 55-foot wide PGA Boulevard landscape buffer and the 35-foot wide PCD landscape buffer areas shall be platted as open space landscape easements for buffering and landscape purposes; .. 12. Up to 27,000 square feet of general office in Office 1 and Office 2 may be converted to medical or dental office if the City Engineer is satisfied at the time of the request for occupational licenses that the additional traffic trips associated with that use are available and can be allocated to this project; 10.No Building Permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. Section 3. Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows: 1. Site Plan, by Urban Design Studio, last revised on February 1,2000; 2. Site Plan with Lot Lines, by Urban Design Studio, last revised on February 1,2000; 3. Landscape Plan, by Urban Design Studio, last revised on February 1,2000; 4.Tree Preservation & Relocation Plan, by Urban Design Studio, last revised on January 13, 2000; 5.Planting Details & Legend, by Urban Design Studio, last revised on February 1, 2000; 6.Retail One - Landscape Plan, by Urban Design Studio, last revised on February 1, 20O0; 7.Retail two - Landscape Plan, by Urban Design Studio, last revised on February 1, 2000; 8.Office One and Two - Landscape Plan, by Urban Design Studio, last revised on February 1,2000; 9.Financial Institution - Landscape Plan, by Urban Design Studio, last revised on February 1,2000; 10.Staybridge Hotel- Landscape Plan, by Urban Design Studio, last revised on February 1,20O0; 11.Lighting Plan, by Urban Design Studio, last revised on February 1,2000; 12.Floor Plan, No. A-2.1, Republic Security Bank, by Song + associates, last revised on February 1,2000; 13.Building elevations, No. A-3.1, Republic Security Bank, by Song + associates, last revised on February 1,2000; 14.Building elevations, No. A-3.2, Republic Security Bank, by Song + associates, last revised on February 1,2000; 15.First Floor Plan, No. A2.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 16.Second Floor Plan, No. A2.01, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 17.Third Floor Plan, No. A2.02, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 18. Roof Plan, No. A5.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 19.Extedor Elevations, No. A3.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner: Architects Inc., last revised on February 14, 2000; 20.Office Building # 1, P-l, Architectural Design Associates, last revised on April 14, 2000; 21. Office Building # 2, P-2, Architectural Design Associates, last revised on April 14, 2000; 22. Retail Building # 1, P-3, Architectural Design Associates, last revised on April 14, 2000; 23. Retail Building # 1, P-4, Architectural Design Associates, last revised on April 14, 2000; 24. Retail Building # 2, P-5, Architectural Design Associates, last revised on April 14, 2000; 25. Retail Building # 2, P-6, Architectural Design Associates, last revised on April 14, 2000; Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE x/’¢’~ DAY OF//~’/~/~,," JOd~’RUSSO, MAYOR ATTESTED BY: Carol Gold, Int~im City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: -CITY ATTORNE~i~~" VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT G:Talal/SP-99-05-re-2 .doc 14 Memo to File From: Subject: Date: Bonnie Peacock, Forestry Technician SP-01-37, Regional Center January 14, 2002 I have reviewed the above-referenced petition and provide the following comments. (1)Screening is required around all FP&L transformers and junction boxes. (2)In the parking lot to the east and north of Building 2, trees are required in the parking islands. (3)As per Code, Section 78-315 (a), a shade tree is required every 40’ of parking. Two additional trees are needed in the parking median in the lot north west of Retail 2 Building. (4) As per Code, Section 78-315 (b), a landscape island is required e~ery nine parking spaces. (5) Retail 2 Building will require additional landscaping to screen the service area. The condition of approval prior to the second Certificate of Occupancy, northem and eastern buffers are complete and Minsk Gardens Blvd. landscaping is installed. EXECUTIVE OFFICE SeQCOQSt UtilityAuthority Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410-9602 November 26, 2001 VIA FAX:775-1014 Mr. Talal Benothman Planning ~nd-Zoning Departmel~t City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Regional Center 27.05/27.06 Dear Mr. Benothman: We offer the: following comment on your transmittal dated November 9, 2001 concerning the referenced project. The applicant needs to clearly depict all existing utility easements and water and sewer facilities on both the site plan and landscape plans. Please call if you require additional information. Sincerely, SEACOAST UTILITY~RITY ~Oper~ati0ns ~ ad CO:Rim Bishop . Sean Donahue ,.,. ..’ .... ~Jim’:Lance .~., ::.. ~.’: :- - " . ’ ".:.-- .,, -- : 4200 Hood Road, Palm Beach Gardens, Florida 33410-2174 Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / FAX (561) 624-2839 CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Talal Benothman ~ Scan C. Donahue, P January 17, 2002 99-4092 SUBJECT: Regional Center-Parcel 27.05~27.06 (Catalfumo) We have reviewed the following plans and information received on November 21, 2001, which were submitted along with a request for Administrative Approval for modifications to the approved Site Plan: ¯Amendment Narrative and Development Application ¯Site Development Plan prepared by Gentile, Holloway, O’Mahoney & Associates, Inc. ¯Conceptual Drainage Plan prepared by Schaefer Fagan Consulting Engineers, Inc.. ¯Photometric Plan prepared by Romcke Coburn Engineering, Co. ¯Landscape Plan prepared by Landscape Architectural Design Inc. ¯Trip Generation Analysis prepared by Kimley-Horn and Associates, Inc. We have the following comments: The proposed modification includes eliminating the 76,650 SF. hotel space approved by Resolution 26, 2000 and replacing it with three one-story office buildings totaling 27,242 SF. The Trip Generation Analysis prepared by Kimley-Horn and Associates, Inc. has been forwarded to the City’s traffic consultant for review. Comments will be provided to the applicant once the review is complete and comments have been issued. The Site Plan shows 110 parking spaces for the three proposed office buildings. However, the Site Data table shown on the Site Plan indicates 116 parking spaces are provided. Also, please note that the applicant has indicated 8 parallel parking spaces in the northeast corner, however, there are only 7 spaces shown. The applicant indicates 91 parking spaces are required for the three proposed office buildings. However, the applicant has provided 110 parking spaces, which is in excess of 10% above the required number of parking spaces. Per LDR Section 78-345, the City may authorize an increase in parking spaces not to exceed 10% above the required number of parking spaces. The applicant will need to request a waiver from LDR Section 78-345. Regional Center-Parcel 27.05/27.06 LBFH File No. 99-4092 Page 2 of 3 o ° ° 10. 11. 12. The applicant has provided one loading space and maneuvering apron. However, per LDR Section 78-362, the loading space and apron need to be a minimum 12 feet wide, exclusive of curbing. The applicant also indicates the loading space and apron will be striped and have a pavement marking that reads, "Loading Zone". The applicant needs to specify the letter height and the use of ~tic-mat-e-ri.al.¯p~.~ ~ The applicant needs to add stop signs and stop bars at the two internal intersections southwest and southeast of building #4 for the southbound lanes. The applicant will need to add stop signs and stop bars at the two internal intersections southwest of building 3 for the westbound lane and southeast of building 5 for the eastbound lane. The applicant needs to add a note to the Site Plan that specifies thermoplastic materials will be utilized for all. striping, except parking lot stall striping, per LDR Section 78-344. The parallel parking spaces need to be a minimum 23 feet in length per LDR Section 78-344. The sidewalk configuration and proposed location of the handicap spaces south of office building #3 and #5 will not allow the placement of a handicap sign directly behind the sidewalk. The applicant needs to indicate how the sign placement will be handled. The applicant needs to indicate on the Site Plan the curb radii throughout the parking lot. Please note that a minimum 20-foot turning radius is required for emergency vehicle access. The applicant needs to indicate on the Site Plan the width of the landscape medians. Per LDR Section 78-315, the landscape medians need to be a. minimum 5 feet wide, exclusive of curbing. The applicant needs to indicate the width of the north-south drive aisles southwest and southeast of building #4. The sidewalk and pedestrian crossing at the east entrance is located such that the stop bar, which is required to be 4 feet from the pedestrian crossing, is located too far from the intersection. This may cause vehicles to roll past and on top of the pedestrian crosswalk. We recommend that the sidewalk and pedestrian crossing be relocated closer to the roadway similar to the west entrance. The applicant needs to locate all proposed and existing easements .on all plans. Please note that no vertical construction or plantings are permitted within the drainage easements. Regional Center-Parcel 27.05/27.06 LBFH File No. 99-4092 Page 3 of 3 13.The Photometric Plan needs to be revised to show a minimum 0.6 foot-candle in general parking areas and a minimum 1.0 foot-candle in vehicle use areas (i.e. parking drive aisle). The minimum foot-candles have not been provided the northeast comer of the parking lot. Also, the buildings should be renumbered to match the Site Plan (i.e. Office 3, Office 4, and Office 5). 14.The Landscape Plan needs to be revised to show the proposed lighting’fixtures consistent with the Photometric Plan. Also, the Landscape Plan needs to show the proposed drainage system consistent with the Conceptual Drainage Plan. The buildings need to be renumbered to match the Site Plan (i.e. Office 3, Office 4, and Office 5) 15.The applicant needs to add a note to the Landscape Plan that indicates landscaping will be field adjusted to avoid conflicts with drainage structures and light fixtures. 16.The applicant needs to add visibility triangles to the Landscape Plan at the intersections of the parking lot drive aisles and public access easement. The applicant is requested to return a copy of our comments with the applicant’s acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD/tj \kPcWrojectskPBGMEMO~O92~O92zi.doc 02/01/2002 17:38 FAX 5616913884 EXECUTIVE .~. Quality from tha ground up 1~002 Construction and Development, Inc.CONSTRUCTION ¯ DEVELOPMENT s MANAGEMENT VIA FAX and U.S. MAIL February 1, 2002 Mr. TaIal Benothman Growth Management Department City of palm Beach Gardens 10500 N. Military Trail Patm Beach Gardens, FL 33410 Parcel 27.05/06 Site Plan Amendment Amendment to D.O. Condition #9 Dear Talal: The subjeet property received site plan approval for a 76,650 square foot hotel, two office buildings comprising 49,000 square feet, two retail building comprising 50,000 square t~et, and a 3,420 sqw’tre foot bank on May 4, 2000 via Resolution 26, 2000. As you are aware, we are currently requesting approval of a site plan amendment to eliminate the approved hotel and replace it with 27,000 square feet of office s’paee. This change is consistent with the City Council’s dixecfion to delete the hotel use fi:om, the project. In that we are proposing to add addition’/d oilice space to the development, we are desirous of maintaining some flexibility in the allocation of the medical or dental office space refereneed in Condition #9 of Resolution 26, 2000. Therefore, we are respeetfi.flly requesting that Condition #9 be amended through this site plan amendment petition to read as follows (text to be deleted is slaaxck through and text to be added is underlined): "Up to 27,000 square feet of general office in Office 1, at, el Office 2, Office 3~ Office 4 and Of-rice 5 may be converted to medical or dental office if the City engineer is satisfied at the time of the request for occupational licenses that the additioJaal trips associated with that use are available and cau be allocated to this project". We believe that this change is consistent with the intent of the originally approving Resolution that ensured such potential medical office use would be limited to only the office buildings, not situated in the retail buildings. 02/01/2002 17:38 FAX 5616913884 EXECUTIVE 003 FebtauaT 1, 2002 Parcel 27.05/06 Page 2 It is our understanding that this project is scheduled for the February 21, 2002 City Council mee~.~g and it would be appreciated if this text amendment could be incorporated as part of the request. If you have any questions or require additional information, please do not hesitate to contact either Ken Blair or myself. Respectfully Submitted, ~¢~nt~i°alson / Planner ¯ Catalfumo Kenneth A. Blaix C. Douglas Parry David W. Martin t :~ydoc.~\p2705\bcmothm,’m-02-O ] -02condifiomO.leLdo¢ Quality from the ground up Construction and Development, Inc.CONSTRUCTION ¯ E~EVELOPMENT o MANAGEMENT PARCEL 27.05/06 SITE PLAN AMENDMENT SIGNAGE REQUEST FOR PROPOSED OFFICE BUILDINGS This request is to support the site plan amendment petition filed by Catalfumo Construction and Development, Inc. (Petitioner) on November 9, 2001. Under the site plan amendment, the Petitioner is proposing signage consistent with the standards set forth by the Land Development Regulations. The following table is a summary of the requested signage. Type of Sign Major tenant sign Ground floor/flat wall sign Major tenant sign Ground floor/flat wall sign PROPOSED SIGN PROGRAM Building Location Per-Re- mitted South 1 South 2 West 1 South 1 South 2 Major tenant sign South Ground floor/flat wall South sign East Total 1 2 1 quested 1 In Compfiance Waiver Yes No 2 Yes 1 Yes No 1 Yes No 2 Yes No 1 Yes No 2 Yes No 1 Yes No 11 All "major tenant signs" are proposed to be 32" high black and white technology, channel-type letters. All "ground floor/flat wall signs" are proposed to be 24" high black and white technology, channel-type letters. The height of all letters, the overall size of each sign and the letter type to be used is consistent with those signs previously approved for the Office One, Office Two and Bank parcels on October 18, 2001. In that the requested signage does not require any waivers for approval and all proposed signs are permitted by the Land Development Regulations, the Petitioner respectfully requests approval of the proposed signage. 4300 Catalfumo WaV o Palm Beach Gardens, Florida 33410 o (561) 694-3000 o (886) 624-9697 o Fax (561) 691-5280 ° www.catalfumo.cem Quality from the ground up CATALFUMO Construction and Development, Inc.CONSTRUCTION ¯ DEVELOPMENT ¯ MANAGEMENT PARCEL 27. 05/06 SITE PLAN AMENDMENT WAIVER REQUEST FOR ADDITIONAL PARKING This waiver request is to support the site plan amendment petition filed by Catalfumo Construction and Development, Inc. (Petitioner) on November 9, 2001. Under the site plan amendment, the Petitioner is proposing a change in use of one of the areas of the site, which precipitates a significant reduction in the amount of required parking. This required parking reduction increases our additional parking for the affected area of the site to twenty-two percent and hence necessitates this waiver request. Therefore, the Petitioner hereby formally requests a waiver pursuant to Section 78-345(d)(3) to allow an increase in parking spaces, which is greater ten percent of the required parking. Standards for Additional Parkin.q The standards for additional parking spaces established by Section 78-345(4) are addressed as follows: Additional open pervious space. Additional open space, at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area, shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and identified on the project site plan. The Petitioner is proposing an increase in the required parking for the affected area of the site of 25 parking spaces (twenty-two percent). This equates to 4, 625 square feet of additional paved area and, per subsection (a) above, requires 6,938 square feet of additional open space. Per Sec. 78- 155(o)(3) of the LDR’s, the minimum open space requirement nonresidential components of a PCD is ten percent (10%). On the affected site of Parcel 27.05/06, which comprises 3.78 acres, ten percent equals approximately 16,466 square feet. Therefore, to meet the requirement outlined by subsection (a) above, the site must have a minimum of 23,404 square feet (14%) open space. The Petitioner has provided a total of 30,000 square feet (18%) of open space on the affected site. Therefore, this requirement has been satisfied. b.Enhanced site appearance. The additional open space and landscaping required in this subsection shall be utilized to enhance the visual appearance of the improved site, the vehicular entries, and the parking areas. The visualCITYOFPALM BEACH GARDENSenhancements shall be indicated in the application for development approval. JAN I 5 2002 PLANNING & ZONING DEPT, 4300 Catalfumo Way o Palm Beach Gardens, Florida 33410 o (561) 694-3000 - (888] 624-9697 o Fax (561) 691-5280 o www.catalfumo.corn This petition is to eliminate the hotel Use from the site plan pursuant to City Council’s request, and replace it with 27,242 square feet of one-story office use. Since the project has a previous approval in place and is currently under construction, we have endeavored to satisfy Council’s request to eliminate the hotel with minimal impact to the remainder of the site. Therefore, we are proposing only those revisions necessary to facilitate the change in use and thus, it is presumed that the previously approved visual enhancements will satisfy the requirements of subsection (b) above. The visual enhancements include the use of specialty brick paver stones in the pedestrian cross walk areas and the terminus of the east-west vehicular access road. In addition, a significant amount of landscaping has been proposed for the site. It is implausible at this time to provide a calculation of the landscaping points attributable to the site affected by this amendment. However, as evidenced on the submitted landscape plans, the overall site is required to have a minimum of 11,055. 5 points for landscaping and we are proposing to provide landscaping which accumulates 37,208.4 points. Based on the fact that the standards for additional parking spaces as set out in Section 78-345(4) have been substantially satisfied (as outlined above), combined with the Petitioner’s experience with office development, it is believed that the additional proposed parking is needed to provide an adequate amount for employees and patrons of the future offices in the development. In relation to the overall site, it should be noted that this request equates to nineteen percent additional parking and that the actual number of spaces being provided on the overall site is being reduced. The request for additional parking is the result of the change in the number of required spaces due to the elimination of the hotel use. The number of required spaces for the entire development has been decreased by 56 (from 541 to 485 spaces). However, the preponderance of additional parking located in areas of the site, which are not being affected by this amendment. T:\MYDOCS\P2705\WAIVER REQUEST.doc January 15, 2002 Kimley-Horn and Associates, Inc. November 8, 2001 Revised January 29, 2002 Mr. Ryan Johnston Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, Florida 33458 Re:Parcel 27.05/06 Regional Center DRI Palm Beach Gardens, Florida 040730003 Dear Mr. Johnston: As authorized, Kimley-Hom and Associates, Inc. has undertaken a traffic review for the above referenced project. The site has a current approval and is located just north of PGA Boulevard between Kew Gardens Road and Prosperity Farms Road in Pam Beach Gardens, Florida. The 118-room hotel which was formerly planned is proposed to be exchanged for 27,000 square feet of general office (instead of the 27,242 square feet of general office noted in the November 8, 2001 letter) while maintaining the overall hotel room count and office square footage within the Regional Center. The proposed office uses are consistent with the office uses approved in the Regional Center DRI. The trip generation potentials of the hotel and office were evaluated using Trip Generation rates contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition. The trip generation potential for the hotel used 8.92 trips per occupied room for the daily trip generation, 0.67 trips per occupied room for the AM peak hour trip generation and 0.71 trips per occupied room for the PM peak hour trip generation. The trip generation potential of the office was evaluated using the equation Ln(T) = 0.768Ln(X) + 3.654 for the daily generation, 1.56 trips per 1,000 square feet for the AM peak hour trip generation and 1.49 trips per 1,000 square feet for the PM peak hour trip generation. Since the project is a part of the Regional Center DRI, the trip generation rates were used in lieu of the equations (except for the daily office trips) in order to reflect the trip to development intensity relationships as established in the Regional Center DRI NOPC. The resulting trip generation for the hotel considering a 5% pass-by capture rate was 1,000 daily trips, 75 AM peak hour trips and 80 PM peak hour trips. The resulting trip generation for the office considering a 5% pass by capture rate was 462 daily trips, 40 AM peak hour trips and 38 PM peak hour trips. As can be ¯ 4431 Embarcadero Drive West Palm Beach, Florida 33407 [] TEL 561 845 0665 FAX 561 863 8175 Kimley-Horn and Associates, Inc. Mr. Ryan B. Johnston, Revised January 29, 2002, Page 2 seen there are net reductions of 538 daily trips, 35 AM peak hour trips and 42 PM peak hour trips associated with the exchange of office for the formerly planned hotel use on Parcel 27.05/06. It should be noted in the foregoing evaluation that even after the proposed exchange, the overall hotel room count and office square footage within the Regional Center development will remain the same. The hotel rooms displaced from Parcel 27.05/06 will be relocated to another parcel and the office square footage included in Parcel 27.05/06 will be removed from another parcel within the Regional Center. The analysis described herein indicates that there will be a net reduction in trips associated with the proposed exchange of hotel use for office use on Parcel 27.05/06. If you or the City should have questions, please do not hesitate to call. .Ver~t~ulv yours, ,-~"~;.,~.~ ~,K.’~E~rtO~,N AND ASSOC~TES, ~C. Engineering Business Number 696 LRCB/lem P:’~407k30003~012902rj.doe I I I TUCKER ENVIRONMENTAL CONTRAC’rORS, INC. ¥ou~ [:>k’SION/I~CJiLO COMPN, I’f II SIGN INC. .I I I Truck Well (8% slope) TUOKER ENVIRONMENTAL CONTRACTOR& INC. you~ D~IC~41BUg..D COMPANY Z REGIONAL CENTER PARCEL 27.05/27.06 PALM BEACH GARDENS, FLORIDA _[-~ TUCKER ENVIRONMENTAL CONTRACTORS, INC. your DESIGN/BUILD COMPANY I REGIONAL CENTER PARCEL 27.05/27.06 PALM BEACH GARDENS, FLORIDA I DArE =’]I IDESIGN INC. TUCKER ENVIRONMENTAl CONTRACTOR& INC: YOUR I:~E~:~I/I~.~L.D )+,~ REGIONAL CENTER PARCEL 27.05127.06 PALM BEACH GARDENS, FLORIDA TUCKER ENVIRONMENTAl CONTRACTORS, INC. YOUR DI~816~I/BUlI.~ REGIONAL CENTER PARCEL 27.05/27.06 PALM BEACH GARDENS, FLORIDA DATE, TUCKER ENVIRONMENTAL OONTRACTORS, INC. II REGIONAL CENTER PARCEL 27,05/27.06 PALM BEACH GARDENS, FLORIDA I I ¢ TUCKER ENVIRONMENTAL CONTRACTORS, INC. YOUR DES~IN/BUILD COlUI~ANY I IIII REGIONAL CENTER ~rlEL=’r ~ L-7 REGIONAL CENTER PARCISL. 27.05/27.06 PALM BEACH GARDENS, I=LORIDA -- Minsk O | .! m:~ ~o ~rrr rrr~rr r~i’rrrr \ NORTH ¯ I. \ I I I I I I\\ I 1 RETAIL BUILDING #2 PARCEL 27.06/.05 THE GARDENS PALM BEACH GARDENS, FLORIDA ]I I!1 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 SUBJECT/AGENDA ITEM PCD-00-04 -The Gables Parcel 16 Planned Community District First Reading of Ordinance 3, 2002: A request by Henry Skokowski of Urban Design Studio, agent for Gables East Construction, Inc. and Northlake Boulevard, L.LC., to re-zone the subject -"development from a Planned Development Area (PDA) to Planned Community Development Overlay District (PCD) in order to construct 200 single family units, 450 multi-family units, and 146 Assisted Living Facility (ALF) units. The 240.65-acre site is located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of Beeline Highway. (22- 42S-42E) RECOMMENDATION Staff recommends approval of Ordinance 3, 2002. Reviewed by: Principal Planner Talal Benothman, AICP City Attornev~.. Len Rubin ~ geve~nK~nt Compliance BahaV~l~ I~eshavarz, AICP Submitted by: Gr°wtl~a=g.~n~nl/" I 1 ~ Charles K. Wu, AICP Approved by~//~_~ ~ City Manage~ Ronald M. FerriC, i/ Originating Dept.: Growth Management: Project ~Manager Kara Irwin Advertised: Date: Paper: [X] Not Required ~-~Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $. Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Acti o n: [ ] Approved [ ] App. w/conditions. [ ] Denied [ ] Rec, approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯Table t ¯Table 2 ¯ Ordinance 3, 2002 ¯ Waiver Justification ¯ September 27, 2001 Letter from FDOT ¯ SFWMD Mitigation Plan ¯ Master Site Plan ¯ Landscape Buffer Plans and Sections City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 BACKGROUND This is a vacant parcel of primarily unimproved land, which was in the past used for agricultural purposes. To the north of the site is the PGA National Planned Community District (PCD), which includes the PGA National Commerce Park, PGA National Park and the Preston residential neighborhood. To the south is a parcel of land approximately 78 acres, with a zoning designation of Planned Development Area (PDA) and a future land use designation Residential Low (RL), and owned by the Florida Department of Transportation. The FDOT site is one of the alternatives for a future turnpike interchange. LAND USE & ZONING The subject site is zoned Planned Development Area (PDA), has a future land-use designation of Residential Low (RL), designated Residential Medium (RM) on the Vision Plan. applicant is requesting to rezone the site to a Planned Community District Overlay (PCD) with an underlying zoning of Residential Low Density - 3 (RL-3). CONCURRENCY The proposed project received concurrency certification, which included concurrency for traffic, drainage, solid waste, sewer and water, on December 14, 2000. The traffic concurrency is contingent upon conditions that will be incorporated into the approving ordinance. PROJECT DETAILS Building Site The portions of the site designated for development include parcel A, which is a total of 90.1 acres, and parcel B, which is a total of 9.85 acres. The applicant is proposing to set aside 143.5 acres of the total site for environmental preservation. The upland preserve set aside for the site is 28.3% of the total upland area, which exceeds the requirement of 25% set by the code. The remaining set aside will be for wetland preservation. Density The "Forbearance Agreement" limits the parcel to Residential Low (5 ,qross dwelling units per acre). The applicant is proposing to develop 796 dwelling units (450 multi-family units, 200 single-family units, and 146 assisted living facility units) on the 240.65-acre parcel for a .gross density of 3.3 dwelling units per acre. A majority of the development is proposed east of the Jog Road right-of-way, while all of the environmental preserves are located west of the right-of-way. The clustering of the majority of the development in one area allows for a larger preserve area as opposed to many smaller areas. Parcel A of the Planned Community District, currently under review by the Department of Growth Management, contains 450 multi-family units and 200 single-family units on a 90.1 acre parcel east of the public right-of-way set aside for a net density of 7.2 dwelling units per acre, 2 City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 which will require a waiver from the Residential Zoning District (R-L3) Code requirement for density during Site Plan Review process. Site Access The only access proposed to the site at this time will be from Northlake Boulevard, across from Hiatt Drive. A 120-foot right-of-way separates the single and multi-family parcel (Parcel A) from the Assisted Living Facility (ALF) parcel (Parcel B), and is designated to be the future extension of Jog Road; however, the right-of-way is not part of the subject site and is not required for traffic concurrency purposes. The proposed ALF portion of the site is located west of the 120- foot right-of-way. Should Palm Beach County construct this roadway, a secondary entrance will be constructed for the single and multi-family parcel, as well as the main access to the ALF parcel. Regardless of the status of construction of Jog Road at this location, an internal "spine road" off of Northlake Boulevard will be used to access all parcels within the proposed PCD. The spine road will intersect with the future Jog Road extension, and will provide access to the ALF parcel until the future of Jog Road is determined. Jog Road According to the applicant, the PGA National residents have requested that the applicant not include the extension of Jog Road in this Planned Community District. This request, plus the request of the SFWMD that the applicant locate all the residential development to the east of the Jog Road right-of-way, prompted the applicant to revise the Master Plan to remove a previously proposed access point at Jog Road. On the current plan, the applicant is proposing one access point on Northlake Boulevard to serve both Parcel A and Parcel B. Turnpike Interchange The adjacent parcel owned by the Florida Department of Transportation (FDOT) has been proposed for a turnpike interchange, but has met with resistance from the area residents. On May 21, 2001, the FDOT held a public hearing to inform the public that this location for the intersection was the most favorable alternative. In a letter dated September 27, 2001, the FDOT declared its intention to build the interchange on the adjacent parcel to the south that connects to Bee Line Highway. The applicant’s plans to develop Parcel B as an Assisted Living Facility (ALF) will proceed if the Jog Road extension is built through to Northlake Boulevard. At this time, FDOT only has plans to build Jog Road south of the interchange to Bee Line Highway, not to Northlake Boulevard. Without the extension of Jog Road, the applicant will consider developing Parcel B as single- family estate homes. S~clnac~e The applicant will submit a separate signage petition for review by the Planning and Zoning Commission and City Council with the site plan petition. 3 City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 Landscaping/Bufferinq The applicant is proposing landscape buffers in excess of what is required by City Code. In the developed areas along Northlake Boulevard where a 15-foot buffer is required, a 55-foot landscape buffer is proposed. Between the rear of the proposed single-family development and the future 120-foot right-of-way (Jog Road) where a 15-foot buffer is required, the applicant proposing a 30-foot buffer. Adjacent to the Ronald Reagan Turnpike where a 15-foot buffer is required, a 16-foot buffer, in addition to a 120-foot canal, and an additional 10’ landscape buffer is proposed. Adjacent to the parcel owned by the Florida Department of Transportation where an 8-foot buffer is required, a 25-foot buffer is proposed. Phasinq The proposed project will be built in one phase, beginning with Parcel A in the eastern section of the site and proceeding to Parcel B in the western section. Drainage Control elevations for the project will be divided by the future Jog Road extension to maintain the existing water elevation differential. The stormwater runoff from the project will be directed through a system of catch basins, swales and proposed lakes (wet detention ponds) for water quality treatment and quantity attenuation. The applicant received conditional drainage concurrency from the City Engineer on December 8, 2000, provided a legal positive outfall is confirmed prior to site plan approval. The applicant is proposing to re-establish the existing outfall in the northeast corner of the site to provide a positive outfall for the site. The run-off will discharge through a control structure, east under the turnpike through an existing box culvert. Waivers Code Section Section 78-563 (c) - Lake Maintenance Tracts. Minimum Dimension Section 78-141 - Building Height Section 78-324 Landscaping in Public Right-of-Way Required 20 foot wide lake maintenance tract adjacent to water bodies 36 feet/two stories Provided 15-foot lake (canal) maintenance easement Waiver 5 feet Landscaping, Irrigation, and maintenance in public right-of- way adjacent to all new development 40 feet / three stories 3230 LF of the adjacent 4980 LF of public right-of-way One additional story 1750 LF Recommendation SUPPORT WITH CONDITION OF APPROVAL (1) SUPPORT (2) SUPPORT (3) City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. The applicant has requested a .waiver from the Lake Maintenance Easement (LME) requirement of 20’ to allow a 15’ LME. The Planning & Zoning Commission approved the request based on the past approval of a 15’ LME for Petition SP-99-18 La Posada. The City Engineer does not support the request for the reduction, but requests that if approved, the LME meet basic design requirements, which all other projects are required to meet. The City Engineer has provided a condition of approval for the waiver request. The applicant has also requested a waiver from the maximum building height requirement of 36 feet to allow 40-foot buildings within the multi-family units. The applicant has provided a 55’ foot landscape buffer along Northlake Boulevard to buffer the height of the buildings from the roadway, which is in excess of the 15’ buffer requirement along Northlake Boulevard, in return for the additional building height. Further, the City benefits by the preservation of 143.5 acres of environmentally sensitive land. Initially, the applicant proposed to only landscape the medians within Northlake Boulevard east of Ryder Cup Boulevard/Jog Road Extension to the Ronald Reagan Turnpike. During the Planning & Zoning Public Hearing, the applicant compromised with the Planning & Zoning Commission by proposing to landscape the median within approximately 750 feet of Northlake Boulevard along the property line west of Ryder Cup Boulevard/Jog Road Extension without the required irriqation. Staff recommends that the applicant provide irrigation to the landscaped medians, as required by Code, to which the applicant has agreed. Although staff feels that the project should be required to landscape the entire median, the location and master plan of the project create a special condition for this site. The applicant has almost a mile (4980 LF) of frontage along Northlake Boulevard, a majority of which will be irrigated and landscaped. Although the City does get pass-through traffic to Ibis, Catalina Lakes, the Acreage and other western development along this portion of the project, the applicant is requesting a waiver for 1750 linear feet along the least traveled section of the project. The area of unlandscaped median will be west of the PGA National Northlake Boulevard entrance, directly in front of the project’s preservation area, which is currently heavily infested with exotics. The applicant shall remove the exotics and restore the area to its natural condition, thereby enhancing the appearance of Northlake Boulevard. Littoral Plantings Initially, to the objection of staff, the applicant proposed to provide all of the required littoral plantings within the on-site canal along the east property line and none within the central lake. After working with staff, the applicant consented to provide 60% of the required littoral plantings within the central lake and the remainder plantings within the on-site canal. The applicant contends that all the required littoral plantings in the lake would restrict the use of the lake as a recreational amenity for the site. City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 The City has many examples of littoral planting adjacent to residential communities, which allow for pristine habitat areas for birds, enhanced water quality, and added safety for children, because of the embankment slope and plantings. Staff considers that these benefits would enhance the recreational opportunities for the residents. After working with staff to limit the waiver requests for the Planned Community District prior to review by City Council, the applicant has consented to withdraw the waiver from the littoral planting requirements for the lake amenity, reducing the waiver requests to two. As a result, the required littoral plantings will be provided within the central lake. Lake Maintenance Easement Initially, the applicant proposed a 10’ Lake Maintenance Easement (LME) for the canal inside the east property line, which staff could not support due to the physical constraints on the east side of the property line. The applicant revised the request to a 5-foot waiver from the 20-foot Lake Maintenance Easement (LME) requirement. Per comments by the City Engineer, the applicant included a turn-around at the south end of the lake maintenance easement for equipment access and maneuverability. Per design requirements set forth by engineering consultant LBFH, the applicant is required to have a two-foot safety zone between the edge of water and the Lake Maintenance Easement. Since the applicant has requested a waiver from the requirement of a 20’ Lake Maintenance Easement to allow a 15’ wide Lake Maintenance Easement, the City Engineer has placed a condition of approval (condition # 6) that the applicant meet the same design criteria as all other projects within the City. The City Engineer will approve the design prior to issuance of the first permit. OUTSTANDING ISSUES & CONCERNS Upland Preservation The City Forester has proposed that the 146-unit Assisted Living Facility on Parcel B is not an appropriate use or density for an area considered environmentally significant. The City Forester prefers a lower site plan density similar to the proposal on the South Florida Water Management District Mitigation Plan (see attachment), which was submitted by the applicant to the South Florida Water Management District for permit approval. The alternate plan proposes seventeen single-family estate lots compared to the 146-unit Assisted Living Facility. PLANNING & ZONING COMMISSION’S RECOMMENDATION A workshop for this application was held on October 9, 2001, at which time staff requested that the Planning & Zoning Commission provide direction for the applicant and staff on the issues of littoral plantings and the lake maintenance easement. The Planning & Zoning Commission was divided on these issues. On October 23, 2001, the Planning & Zoning Commission recommended approval of the application with staff’s conditions and approval of the waiver requests by a 4-3 vote. City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 Commissioners Steven Tart, Joel Channing, and Dick Ansay opposed the motion because they believed the applicant should be required to landscape within the median along the entire length of the property line. The majority on the Planning and Zoning Commission required the applicant to work with staff to resolve the littoral planting and lake maintenance easement issues, but did not support staff’s position for the landscaping of the entire median along Northlake Boulevard. City Council Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 PCD-00-04 EXISTING USE Subject Property Vacant/Undeveloped North PGA National Planned Community District (PCD) South Vacant/Undeveloped West Vacant/Undeveloped East Turnpike ZONING ..... Planned Development Area (PDA) Planned Community District Planned Development Area (PDA) Conservation Public/Institutional LAND USE Residential - Low Density (RL) Residential - Low Density (RL) Residential - Low Density (RL) Conservation Public Code Requirement ¯ Site = Residential - Low Density (RE) Maximum Residential Density (RL): 5 d.u./acre Minimum PCD development size: 50 acres Unified Control: One propert)/owner Community Serving Open Space: Minimum of 20% Community Serving Open Space: Residential Components: Minimum of 35% Upland Native Plant Community Preservation: Minimum of 25% identified Proposed Plan Residential - Low Density 3 (RL-3) 1,22 d.u./acre 240.65 acres One property owner 69.8% To be reviewed at site plan level 28.3% (8.4 acres) Consistent? Yes Yes Yes Yes Yes Yes Yes Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 ORDINANCE 3, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM GABLES EAST CONSTRUCTION, INC. FOR A REZONING OF AN APPROXIMATELY 240.65 ACRE PARCEL OF LAND TO PLANNED COMMUNITY DISTRICT (PCD) OVERLAY ZONING WITH UNDERLYING ZONING OF RL-3 (RESIDENTIAL LOW)TO ALLOW FOR 450 MULTI-FAMILY DWELLING UNITS, 200 SINGLE FAMILY UNITS, AND 146 ASSISTED LIVING FACILITY UNITS AND ACCESSORY STRUCTURES LOCATED ON THE WEST SIDE OF THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PCD-00-04) from Gables East Construction, Inc. for approval of a rezoning of a 240.65 acre parcel of land from Planned Development Area (PDA) Residential Low (RL-3) with a Planned Community District Overlay Zoning District (PCD), to be known as "The Gables", to allow construction of 450 multi-family units, 200 single family units, and 146 assisted living facility units and accessory structures located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of the Beeline Highway, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Community Development (PCD) known as The Gables; and Ordinance 3, 2002 Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 Petition PCD-00-04 WHEREAS, on October 23, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended approval of the petition with the requested waivers subject to certain conditions; and WHEREAS, the City Council hereby approves the re-zoning from Planned Development Area (PDA) to Residential Low (RL-3) with a Planned Community District Overlay Zoning District (PCD). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. Said rezoning to Planned Community District is hereby approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Prior to construction plan approval, the applicant shall: a)Provide the City with a plan providing an eastbound right-turn lane onto the project access driveway on Northlake Boulevard; b) Provide the City with a plan providing a westbound left-turn lane onto the project access driveway on Northlake Boulevard; and c)Provide the City with an updated Topographic Survey certified by a professional land surveyor registered in the State of Florida. (City Engineer) Prior to issuance of the first building permit, the applicant shall provide recorded documentation abandoning the existing drainage easement and recording the proposed drainage easement. (City Engineer) Prior to the issuance of the first Certificate of Occupancy, the applicant shall install an eastbound right-turn lane and a westbound left-turn lane onto the project access driveway on Northlake Boulevard. (City Engineer) Within six (6) months of the adoption of this ordinance, the applicant shall: a) Irrigate and landscape the Northlake Boulevard right-of-way medians adjacent to the entire length, less 1,750 Linear Feet of the property in a manner that is consistent with the document cited in Section 4; b) Subject to the City’s approval, bond the landscape 2 Ordinance 3, 2002 Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 Petition PCD-00-04 improvements for Jog Road right-of-way, between Northlake Boulevard and Beeline Highway, based on the City’s Master Roadway Beautification Plan. The bond shall be released when the Jog Road landscaping is installed or the final Certificate of Occupancy for the PCD is issued, whichever occurs earlier; c)Install the entry features and landscaping off of Northlake Boulevard and the internal PCD system around the lake; and d) Install the PCD buffers. (City Forester) Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotics from the upland preserve areas (City Forester). The applicant, successors, and assigns shall be responsible for the maintenance of the Northlake Boulevard and Jog Road right-of-way landscaping and irrigation within the medians and roadway shoulders adjacent to the property as described in "Exhibit A" once installed (City Forester). Prior to site plan approval, the applicant shall work with the City engineer to provide the appropriate level of flood protection for the lake maintenance easements as determined by the City engineer. SECTION 3. The following waivers are hereby granted with this approval: Section 78-141, Building Height, to allow for a maximum 45-foot building height. The Land Development Regulations allows a maximum of 36 feet in height. Section 78-563 (c), Lake Maintenance Tracts, Minimum Dimension, allow for a 15-foot wide lake maintenance easement. The Land Development Regulations require a minimum 20-foot wide lake maintenance easement. SECTION 4. Construction of the Planned Community District shall be in compliance with the following plans on file with the City’s Growth Management Department: January 30, 2002 Master Site Plan by Urban Design Studio, 1 Sheet. January 30, 2002 Perimeter Landscape Buffer Plans and Sections by Murikami, 3 sheets (MP-1 through MP-3). November 8, 2001 Median Landscape Plans and Sections by Murikami, 3 sheets (ML-1 through ML-3). 3 Ordinance 3, 2002 Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 Petition PCD-00-04 SECTION 5. This approval expressly incorporates all representations made by the developer of its agents at any public meeting or hearing. SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK 4 Ordinance 3, 2002 Meeting Date: February 21, 2002 Date Prepared: February 6, 2002 Petition PCD-00-04 ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 5 Ordinance 3, 2002 Meeting Date: February 21, 2002 Date Prepared: January 31, 2002 Petition PCD-00-04 EXHIBIT "A" County, Florida~ more particularly described as follows: Co~nmcsw, c at th¢ Horth one-quarter section oom~ 0~ s~d Se~ion 22; ~ence Sou~ 88° 32’ 41" ~ albng ~e North l~e of ~e No~hc~ ~e-q~ of ~d Sc~i~ 22, a di~ce of ~4,~4 feetl ~ce Sou~ 01 ° 2W 19" W~, a ~ of 124.00 feet ~ apo~ on ~c So~ d~t of ~y ~e o~ W¢~ ~e P~k Ro~, ~o ~o~ ~ No~l~e Bou]e~ ~ l~d out ~d ~ ~c, ~ ~ ~nveyed m ~ Beth Co~W by ~e ~oorded ~n Of~oial ~cords Book 10488, page 1367 ~d O~¢iM ~ BOOk I0571~ page 59~, pubic ~eco~s of P~ Beth Co~, FindS; ~ce Somh 88 ° 32’ 41" ~t ~ong s~ so~ d~t of.ww line, a ~ of 435.00 f~ ~ence Sou~ 89" 27’ 41t’ ~ ~ong s~d Sout~ dgkt of way ~, ¯ ~¢e o~ 250.03 fe~; ~ence Sou~ 8g ~ 32’ 41" E~t along ~id Sou~ ~t o~ ~y l~c, a dist~¢e of 181.69 ~et to ~ P~t of Thence continue South 88= 32’ 41" East along said South right of way lip.c, 860.30 fee~; d~ente South 82° 52’ 20" Eagt ~ong saicl Sou~ right of way of 376.81 fe¢~ ~ee South 88 ° 35’ 07" ~ ~ong s~a Sou~ d~t of way Hne, a di~ce of.193.96 f~t to tho Wester]y ~t~ ~ ~t of ~y line of Sta~e P~k~y; ~ So~ 01" 35’ 30" West ~ong ~d W~IF ~ted a~c~ fi~t of ~y l~e, a di~ o~ 1230.13 fee~ ~e~ Hor~ 88 ° 24’ 24" West~ a ~ o~9.37 feet: ~ence Sou~ 08~ 34’ 49" E~t, a di~ of 15.27 fe~to a point on ~e ~c of a non- ~g~t ct~ concave to ~e South~t (s~d ~int ~== ~o~ 09° 06’ 15" West ~m ~e r~i~s po~t o£ ~e ne~ d~bed e~e); ~enoe Bou~wes~rly, ~o~g cuwe haviug a m~ of 289.19 £e~ a delta o~35~ 45’ 12". ~d ~ am dia~n~ of’180.46 feot ~ ¯ ~t ofnon-~sen¢y; ~e No~ 40* 04 ~ 30" W~ a dis~n~ of 204,21 ~ a po~t on ~e ~ of a non.~gent ~we ~n~ve m the Ho~wes¢ (sdd po~t be~ So~ 53 = 59’ ~" ~t from ~e radl~ po~t of ~be next ~s~d~ cu~e); th~e Soqthwe~dy, ~ong ~e =¢ of s~d tuwe having a ~i~ of 320.00 feet, a del~ of 27 0V 27", ~d ~ ~ ~ of 150.93 feet to ~ po~t of non:~g~; ~ Ho~ 27= 56’ ~" W~ a ~ce of 939.83 f~t m a po~ on ~e ~c Of a non.~gent ¢oneave to the Sourest (s~d point be~ Ho~ 29~ 25"3~" W~t ~m ~e ~i=s point of ~e next ~bed ~e); ~¢n~ Ho~h¢~cdy, along ~¢ ~ o£ ~d radius of 320.00 £~t, s d~m o£ 19* 57’ 26". ~ = ~¢ di~ce of 111.46 ~¢ to a point of non-~g~ey; ~e~e Ho~ 25 ~ 43’ 53" W~ a ~¢e of 115,18 feet to am ofs~d cuw¢ ~ving ~r~i~ of 122.00 fee~ ~ dell~ of 36* 27’ 34", ~d of 77-63 feet m a polar of~genoy; ~n~e No~ lO = 43’ 4I" ~t, a dis~~ feet; ~ence No~ 01* 1~ 06 ~ ~L ~ ~==ce of 121.07 f~; ~cnce No~~ FILE No.529 I0/01 ’01 15:57 ID:URBAN DESIGN STUDIO WAIVER REQUEST FOR GABLES PARCEL 16 PCD May 23, 2001 Revised October I, 2001 FAX: 5c 689 0551 PAGE urban Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics 2/ 3 Lake Maintenance trac, ts. ~Minimum dimension Section 78-561 of the City’s Land Development Regulations calls for a minimum 20-foot wide lake maintenance tract adjacent to water bodies. Along the eastern boundary of the Gables Parcel 16 site, there is an existing canal which provides for a minimum separation between the canal and the property boundary. This area is being expanded to provide an enlarged landscaping area and a 10-foot canal maintenance tract. This 10-foot wide tract will be gated to only allow maintenance vehicles to access the eastern side of the canal for the maintenance of the canal and the landscape buffer. There will be a T-au’naround at the southeast comer of the property to allow for maintenance vehicles to turnaround. Because of the unique existing conditions of the canal bank and our efforts to improve those conditions, we hereby request a waiver to allow a 10- foot wide canal maintenance easement on the eastern side of the site’s existing canal. Please note that the western side of the canal and the intoner lake are all proposing 20-foot wide lake maintenance easements. Buildine H~eight Section 78-131 of the City’s Land Development Regulations calls for a maximum building height of two stories/36 feet within the RL-3 zoning district. For the Gables Parcel 16 PCD, we are proposing the RL-3 district as the underlying zoning district for the proposed PCD. However, there will be several types of building types proposed within the project. One of these building types will be a multi-family apartment units. These units, which will appear similar to townhomes, will have three-story features. We are requesting a waiver to all the maximum building height of 40 feet. This will allow for the three-story features within the multi-family apartment buildings and help provide for a variety of housing types on the site, which is consistent with Objective 3.1.1. of the Comprehensive Plan. To lessen any potential impact of the proposed waiver request, the multi-family buildings will be located at the northeast comer of the site, which is adjacent to Florida’s Turnpike and, across Northlake Boulevard, the PGA National Park of Commerce. For these reasons, we are requesting a waiver from the RL-3 building height limitation. 2000 Palm Beach Lakes Boulevard 8ulte 600 The Concourse West Palm Bea(:h, Florida 33409-6582 561.689.0066 561,689.0551 fax Irvine, CA 7t4.489.8131 JEB BUSH GOVERNOR Florida Department of Transportation . Turnpike District PO Box 613069 Building 5315, Mile Post 263 Ocoee, Florida 34761 THOMAS F. BARRY, JR. SECRETARY September 27, 2001 Re:SR 710/Northlake Interchange Financial Project ID Number: 232074-1-32-01 FAP: TNPK-01 I-T (Info Only) Palm Beach County, Florida Dear Interested Citizen: The Department of Transportation (FDOT) Turnpike District has completed the evaluation of a proposed interchange with Florida’s Turnpike between the Beeline Highway (SR 710) and Northlake Boulevard in Palm Beach County. After reviewing the preliminary engineering and environmental analyses, the numerous public comments rejecting a connection to Northlake Blvd and the Metropolitan Planning Organization’s (MPO) request for an interchange in accordance with their long range transportation planning, the Department is now ready to select a recommended project alternative. The attached sketch depicts the Department’s recommended interchange alternative. This alternative addresses the greater majority of comments received during the project development study by not connecting to Northlake Boulevard, while providing the interchange that the Palm Beach County MPO has identified as being Vital to the transportation system of Palm Beach County. This recommended interchange alternative, to be processed as a Type II Categorical Exclusion, will now be submitted to the Federal Highway Administration (FHWA) for Location and Design Concept approval. Once that approval is received, the project will then proceed to completion of final design. During the final design of this project, considerations will be given to the requests for visual and privacy barriers by the residents of the Steeplechase subdivision. Community meetings will be held with the Steeplechase residents to resolve and mitigate their concerns. The Department of Transportation thanks you for your interest and input into this important transportation project. You understand the importance of developing a project that is both in the public interest and meets the transportation needs of our state. As tiffs project transitions from the Project Development and Environment phase to Design, you may still call me at 407/532-3999 extension 3802, or the Design Project Manager, Mr. Paul Staes at extension 3425, if you have any questions. Sincerely, Catherine J. Bradley, P.E. Project Development Engineer Attachment CJB/tt www.d ot.state.fl.u s (~1 RECYCLED PAPER scale 1"=1500’ --8~NPL~CHA~N -" SR 710/NORTHLAKE BOULEVARD INTERCHANGE AT FLORIDA’S TURNPIKE PD & E STUDY FINANCIAL PROJECT NO. 232074-1 PALM BEACH COUNTY, FL, PROJECT LOCATION MAP B~_{/D. South Florida Water Management District Mitigation Plan West Palm Beach Water Catchment Area LUP: W Zone: W 1 Palm Beach Gardens, Florida Master Plan 1 I I I I I if’ ~Z Z I II II II I"1 /~"~- - II II II II II II II CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: February .21, 2002 Date Prepared: January 30, 2002 SUBJECT/AGENDA ITEM PUD-00-04 - Union Square Phase 1 Renovations (a.k.a. Tanglewood Apartments Planned Unit Development) First Reading for Ordinance 10, 2002: A request by AI Malefetto, Esq., on behalf of CSC Tanglewood, Ltd., for a phased PUD Amendment to allow for the renovation of 542 apartment units, additional landscaping, and entry reconfiguration as part of Phase 1 of the PUD amendment. Phase 2 application shall be submitted to the City within sixty (60) days of Phase l’s approval. Tanglewood Apartments are located on the east side of Military Trail, south of the southeast corner of PGA Boulevard and Military Trail (12-42S-42E). RECOMMENDATION Staff recommends DENIAL of Ordinance 10, 2002. Reviewed by: Principal Planner Talal Benothm .~CP City Attorney ,##V Finance NA Human Res. NA Submitted by: Growth , Mana~Cff~ Direct r~j f~/} ~". ~J~.A. Charles K. Wu, ,AICP Originating Dept.: Growth Management: Project ~Manager Ed Tombari,~ Advertised: [ X ] Not Required Approved by.~ City Manag~~ Affected parties: [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. ~/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. IX ] Rec. Denial [ ] Continued to:~ Attachments: ¯Ordinance 10, 2002 ¯Aerial Map: Surrounding Zoning and Land Use ¯Code Comparison Table ¯Applicant Letter dated October 26, 2001 ¯Waiver Justification ¯Resolution 120, 2000 ¯Site/Landscape Plan ¯Building Elevations City Council Meeting Date: February 21, 2002 Date Prepared: January 30, 2002 Petition PUD-00-04 BACKGROUND The Tanglewood Apartments are a part of the first Planned Unit Development, approved by the City in 1969, which included both residential and commercial uses. The Abbey Road Plaza, as the commercial use is now known, is currently under separate ownership. The two uses within the PUD presently share access, parking, and drainage facilities. On December 7, 2000, the City Council directed the applicant to pursue bifurcation of the existing PUD into two PUDs. The proposed amendment would create a new PUD that includes only the residential use of the original PUD; the commercial use would be subject to all the requirements of the approving ordinance for the original PUD. The applicant initially applied for a Planned Unit Development amendment due to code enforcement actions taken against the applicant. The applicant requested the ability to begin fa(;ade and roofing renovations in accordance with new building elevations submitted to the City. City staff processed the PUD amendment that allowed only these amendments in an attempt to assist the applicant in addressing code enforcement concerns. However, the applicant then submitted landscape plans and requested waivers from certain code requirements concerning non-conforming landscaping. Upon further review, staff concluded that additional information, including but not limited to a new parking and drainage plan was needed in order to fully review the requested waivers. Staff recommended that the applicant provide all additional information typically required for a PUD amendment application. Th~ applicant has continued requesting a two-phased approach, in which additional information shall be provided after approval of new elevations and landscaping. Staff does not support this approach. However, staff has drafted an ordinance that would approve new building facades and roofing as was originally proposed by the applicant should the City Council decide to approve the application. Staff has recommended conditions of approval to ensure that the applicant submits all the necessary information to the City needed to complete a total renovation of the site to the standards of the current Land Development Regulations, including but not limited to providing the City with a $500,000 surety bond. LAND USE & ZONING The subject site is zoned Planned Unit Development (PUD) with an underlying zoning Residential High (RH), and has a future land-use designation of Residential High (RH). The density of the residential portion of the PUD is approximately 19 dwelling units per acre. The Comprehensive Plan permits a maximum of only 12 dwelling units per acre for 2 City Council Meeting Date: February 21, 2002 Date Prepared: January 30, 2002 Petition PUD-00-04 the multi-family zoning district (RH); however, Policy 1.1.5.8 of the Comprehensive Plan permits the City Council to exempt a non-conforming use, should the applicant demonstrate that the use is compatible with surrounding land uses. The City Council granted such an exemption by passing Resolution 120, 2000, on December 7, 2000. This exemption does not permit the applicant to increase the number of existing units, only maintain the existing number of units as legal non-conformities. CONCURRENCY The applicant is proposing no increase in number of dwelling units; therefore, concurrency is not required as part of this application. PROJECT DETAILS Site Description The 28.45 acre site is bounded on the north by the Admiralty commercial development, and to the south by the Palm Beach Gardens Municipal Complex. The site includes 52 apartment buildings, common space, a playground, and three swimming pools. Phasing The applicant has proposed to redevelop and process the PUD amendment in two phases. This application is for the first phase of re-development and includes the following: (1)architectural and structural renovations, including: fa£ade replacement, roof replacement, window replacement, and interior rehabilitation; additional landscaping; new deceleration lane on Military Trail; and removal of entry features and guardhouse. (2) (3) (4) Phase 2 shall address the following issues, including but not limited to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) shared access between subject site and the adjacent commercial properties; shared parking between subject site and adjacent commercial (Abbey Road Plaza); inadequate parking; sidewalks; lighting; drainage; right-of-way abandonments; street resurfacing; platting; and master signage program, including new entry signs and features. 3 Waivers The petitioner City Council Meeting Date: February 21, 2002 Date Prepared: January 30, 2002 Petition PUD-00-04 is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff Recommendation DenialSection78- 343 (a) Location (of parking spaces) Section 78- 186 (8) Fences and Walls Section 78- 319 Minimum Landscape Buffer and Planting Requirements Section 78- 446 Plat review and approval process Parking Spaces must be located on same site as principal use. Six foot wall required between residential and commercial zoning districts 15 foot landscape buffer adjacent to R-O- W, 8 foot minimum buffers interior. Plat to be recorded prior to the issuance of the first building permit. 105 spaces within the Johnson Dairy Road right-of-way. Proposing no wall for all or portion of area between the Abbey Road Plaza and Residential area. 0 feet Issuance of first building permit for exterior renovations prior to the recordation of plat. 105 spaces located off- site. Six foot wall 15 feet Denial Denial Same Denial The applicant has requested a number of waivers to allow for substantial non-conformities to continue to exist on-site. By current code, the applicant is required to have a 15-foot landscaped buffer and a wall or opaque barrier up to 8 feet in height between residential and adjacent commercial properties. The northern and a portion of the western property lines of the subject site abut commercial, and there is no buffer/wall at this location (the parking is at the property line). Additionally, the applicant is required to provide landscape buffers without walls along a portion of the western property line, as well as the southern and eastern property line. Parking currently exists at the property line in these locations. Staff does not support any waivers from the Land Development Regulations due to the fact that the applicant has submitted insufficient information in order to justify the requested waivers. Furthermore, the granting of any waiver normally is accompanied with a greater benefit for the City such as increased landscaping, public plazas, etc. No such benefit has been provided. 4 City Council Meeting Date: February 21,2002 Date Prepared: January 30, 2002 Petition PUD-00-04 ISSUES Staff had recommended that the Planning and Zoning Commission focus on the following issues: (1)Phasing. Focus its review on the architectural rehabilitation of the buildings and additional landscaping. Comments pertaining to major site planning issues was to be reserved for the Phase 2 review. (2)Completion of project. Consider conditions of approval that ensure full completion of the project over two phases. (3)Construction schedule and rehabilitation process. Include a schedule of how buildings are to be renovated without displacing existing tenants. (4)Architectural compatibility. Address compatibility of the architecture and quality of proposed renovations and construction methods with surrounding areas. (5)Safety. Adhere to the principals of Crime Prevention Through Environment Design (CPTED) that will enhance security on site. At the workshop, held on September 25, 2001, the Planning and Zoning Commission discussed the following issues and concerns with the applicant: (1) (2) (3) (4) (5) (6) (7) Requirement for surety bond to ensure the completion of the project; Improved roofing material; Consideration of replacement of the existing trash dumpsters with new facilities that meet code requirement; Reconfiguration of the parking areas in some locations to provide for additional landscaping; Provision of additional shade trees along Johnson Dairy Road; Consideration of additional "tower" buildings to provide for greater diversity of architectural style; Consideration of additional buffering needed along Military Trail, possibly a removal of one or more existing building(s) closest to Military Trail; and Consideration of wall and berm along Military Trail. The Commission’s concern of insufficient landscaping along Military Trail was addressed by the applicant’s modifying the site plan to change 90 degree parking with angled parking, to provide for additional landscaping along Military Trail. On November 27, 2001, upon further review, the Planning and Zoning Commission 5 City Council Meeting Date: February 21, 2002 Date Prepared: January 30, 2002 Petition PUD-00-04 unanimously recommended denial of this application by a vote of 6 to 0. STAFF RECOMMENDATION Although the site is due for renovation because of its condition and age, staff would like to prevent a situation where large-scale renovations are initiated and not completed in a timely fashion. Staff is recommending DENIAL of this application in its present form for the following reasons: (1)The current application does not include critical planning documents to allow a comprehensive review. (2)There are no assurances that Phase 1 would be completed since no bond is provided. (3)Without any information on Phase 2, staff could not determine whether a $500,000 bond is sufficient. (4)The lack of safeguards that Phases 1 and 2 would be completed in a timely fashion. (5)The applicant is requesting waivers from code requirements without supplying needed pertinent information. Staff cannot fully review the waiver requests based on insufficient information. The applicant was advised to address these concerns in order to move forward with a recommendation of approval from staff. Staff has not received the additional information requested. The applicant has instead requested to move forward with the Phase 1 application. Staff supports a phased construction plan, not a phased review plan. This requires a comprehensive review and approval of all phases of the project now. The manner of renovation may be phased on the site so that the tenants would be inconvenienced only once. However, should it be the intention of the City Council to allow the applicant to move forward with improvements to the site, staff has drafted an ordinance amending the PUD to allow for fa~:ade renovations and roofing replacement. Staff has added conditions of approval that shall ensure that the applicant submit all necessary documentation, as required by the Land Development Regulations, for a complete PUD amendment application, in a specified amount of time. \\FILE_SRV~COMPROG\Ed~00 l\pud0004st3.doc 6 December 14, 2001 January 31, 2002 February 4, 2002 ORDINANCE 10, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM CSC TANGLEWOOD, INC., FOR AN AMENDMENT OF A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT BY APPROVING THE EXTERIOR RENOVATIONS OF A 542-UNIT MULTI-FAMILY APARTMENT COMPLEX FORMERLY KNOWN AS "TANGLEWOOD" AND PROPOSED TO BE KNOWN AS "UNION SQUARE" LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 300 FEET SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR .CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-00-04) from CSC Tanglewood, Inc., for approval of an amendment to a previously-approved Planned Unit Development (PUD) located east of Military Trail, just south of PGA Boulevard, in order to provide for renovations of 542 multi-family dwelling units on 28.45 acres, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 28.45-acre "Union Square" site is currently zoned Planned Unit Development (PUD) with underlying zoning of Residential High (RH); WHEREAS, the Growth Management Department has recommended denial of the amendment of the Planned Unit Development (PUD) known as Union Square; and WHEREAS, on November 27, 2001, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be denied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ~ SECTION 1. The foregoing "whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.Within ten (10) days of Development Order approval, the applicant shall post Ordinance 10,2002 Meeting Date: February 21 , 2002 Date Prepared: February 4, 2002 Petition PUD-00-04 surety bond with the City of Palm Beach Gardens, Florida, in a form acceptable to the City, in the amount of $500,000, to ensure the submittal of Phase 2 of the application, as required by Section 78-46 of the Land Development Regulations entitled "Application procedures." Phase 2 application shall include, but not be limited to, signage, drainage, utilities, parking, paving, waste retrieval, landscaping, lighting, platting, and dedications. If a complete application for Phase 2 is not submitted to the City within sixty (60) days of this approval, the entire surety amount shall be paid to the City. (Planning and Zoning) Within sixty (60) days of development order approval, the applicant shall re-submit building elevations indicating barrel s-tile roofing or other similar roofing material for review and approval by the Growth Management Department. (Planning and Zoning) Prior to the issuance of the first building permit, the applicant shall submit an on- site tree preservation and maintenance plan to be reviewed and approved by the Growth Management Department. (City Forester) Prior to issuance of the first building permit, the applicant shall submit to staff a "construction phasing plan" for Growth Management Department’s review and approval that shall indicate the location of buildings to be renovated in phases. (Planning and Zoning) SECTION 3. Construction and/or renovations of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. August 1,2001, Floor Plans, Oliver, Glidden and Associates, Sheet A-l; August 1,2001, Cluster Roof Plans, Oliver, Glidden and Associates, Sheet A-2; August 1,2001, Cluster Roof Plans, Oliver, Glidden and Associates, Sheet A-3; August 1, 2001, Typical Roof Plan, Oliver, Glidden and Associates, Sheet A-4; September 25, 2001, Building Elevations, Oliver, Glidden and Associates, Sheets A-5, A-6, and A-7; September 25, 2001, Typical Building Section, Oliver Glidden and Associates, Sheet A-8; and August 1,2001, Interior Demolition Plan, Oliver, Glidden and Associates, Sheet D- 1. SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 2 Ordinance 10,2002 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition PUD-O0-04 SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF 2002. DAY OF 2002. DAY OF 2002. MAYORJOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G/Ed/2001/pud0004ord AYE CITY ATTORNEY NAY ABSENT 3 Ordinance 10,2002 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition PUD-00-04 EXHIBIT "A" 4 OVENA.~L A CERTAIN PARCEL OF LAND IN TIIE NORTH ONE-IIALF (N 112) OF THE NORTItEAST ONE QUARTER (NE 114) OF SECTION 12, TOWNsII!P 42 S~U~H, ~GE 42 EAST, PA~ BEACH COUNTY, ~LORIDA, BEING MORE PARTICUL~LY DESCRIBED AS P6LL~ws:~EGINNIHG AT THE POINT OF INTERSECTIOH OF A LINE P~LLEL TO AND 30.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, TIIE SOUTII. LINE OF Tile NORTR ONE I~LF (N 1/2) OF TIIE NORTII~ST~O~E Q~RTER (~E 1/4) OF SAID SECTION 12, WITH A LINE PARALLEL ’TO A~D 50.00 FEET ~ST OF, AS MEASURED AT RIGHT ~GLES TO, THE WEST LI~E OF SAID NORTH~ST O~ QUARTER (NE 1/4) OF SECTION 12, THENCE FROM SA~D POINT ~EGINNING, 3OUTH ~9"48’44" EAST (FOR THE PURPOSE OF THIS DESCRIPTION, TIIE SOUTII LINE OF THE NORTH ONE HALF (NI/2)OF T~E ~ORTllEKST ONE QUARTER (NE 1/4) OF SAID SECTION 12 IS ASSUMED TO BE~ NORTII 89"48’.44" WEST AND ALL OTHER BEARINGS MENTIONED REREIN ~E RELATIVE TRERETO) ALONG A LINE PARALLEL TO AND 30.00 FEET NOHTR OF, AS MEASURED AT RIGHT ANGLES~ TO TNE SOUTH LINE OF TIIE NORTH ONE RALF (N i/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, .A DIsTANcE 1320.00 FEET; THENCE SOUTH 00"11’16" WEST, A DISTANCE OF 5.00. FEET; T:IEMCE SOUTR 89"48’44" EAST ALONG A LINE PARALLEL TO AND 25.00 FEET NORTII OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE ONE HALF (N 1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SECTION 12, A DISTANCE OF 64~,78 FEET, MORE OR LESS, TO A POINT O~ THE WEST RIGIIT-OF-WAY OF STATE ROAD NO. 9 (INTERSTATE 95) AS S~E IS SllOWN ON A PLAT RECORDED I~ ROAD PLAT BOOK 3, PAGES 224 THROUGH 250, ]NCLUSIVE, PUBLIC RECORDS OF PALM BEACN COUNTY, FLORIDA; THENCE NORTH 32"43’50" WEST, ALONG THE WEST RIGHT-OF-WAY OF SAID STATE ROAD MO. 9 (INTERSTATE 95), A DISTANCE OF 824.15 FEET; TIIENCE NORTII 37"05’26" ~EST, A DISTANCE OF 156.13 FEET; THENCE NOHTII 89"~8’44" WEST, ALONG TIIE MORT11 LINE OF TIIE SOUTH 825.00 FEET OF TUE NORTII ONE IIALF (N I/2) OF TIIE ~O~THEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, A DISTANCE OF 1136.97 FEET; THENCE ZOUTH 00"17’36" WEST, A DISTANCE OF 375.00 FEET; THENCE NORTII 89"48’44" WEST, A DISTANCE OF 295.00 FEET, MORE LZS5, TO A POINT ON A LINE 50.00 FEET EAST OF, AS MEASURED AT RIGIiT ANGL~S TO, Ti[~ WEST LINE OF SAID NORTHEAST ONE QUARTER (~E I/4) SECTION 12; THENCE" SOUTH 0~’17’36" WEST, ALONG SAID PARALLEL LINE, A DISTAHCE OF 420.00 FEET, MORE OR LESS, TO THE POINT OF TOGETHER WITH ALL OF THE RIGHTS OF TANGLEWOOD ASSOCIATE5 [IMITED PARTNERSHIP, A’ CONr~ECTICUT LIMIIED PARTNERSHIP, AS TO THOSE LANDS DESCRIBED I~ THE FOLLOWING INSTRUHENTS: O.R. BOOK 4839, PAGE 320; O.R. BOOK 200], PAGE 725; O.R. BOOK ]9~5, PAGE ]907;O.R. BOOK ]836, PAGE ]179; O.R. BOOK ]757, PAGE 876;O.R.BOOK 2149, PAGE 813. LESS THE FOLLOWING SEVEN (7) DESCRIBED PARCEL5 OF LAND: pARCEL NO. 4 & 4A BEGINNING AT TIIE POINT OF INTERSECTION OF A LINE PARALLEL WITII ~D ~70.0 FEET NORTII OF THE SODTH LINE OF ~THE BORTH ONE HALF OF TIIE ~:OHTDEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 ~OUTH, ~NGE 42 ~ST, WITII A LINE PARALLEL WITH AND 50.0 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE QUARTER OF SECTION 12, TIIENCE NORTH 0"17’36" EAST ALONG LAST SAID PARALLEL LINE A DISTANCE OF 80.0 FEET; (FOR THE PURPOSE OF THIS DEZCRIPTION, TNE’SAID SOUTH" LINE OF THE NORTH ONE IIALF OF TIIE NORTHEAST ONE QUARTER OF SECTION 12 IS ASSUMED TO BEAR NORTII 89"48’44" WEST AND ALL OTHER BEARINGS MENTIONED IIE~EIN ARE RELATIVE THERETO) THENCE SOUTH 89"48’44" EAST A DISTANCE OF 355.0 FEET; THENCE SOUTH 0"17’36" WEST A DISTANCE OF 420.00 FEET TO A LINE PA~LLEL WITH ~D 30.0 FEET NORTH OF THE SOUTR LINE OF THE NORTII. ONE IIALF OF NORTHEAST ONE QUARTER OF SAID SECTION 12; THENCE NORTII 89"48’44" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 60 . 0 FEET ; TIIENCE NORTH 0"17’36" EAST ~ DISTANCE OF 340.0 FEET; THENCE NORTH 89"48’44" WEST DISTANCE OF 295.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL NO. 4 & BEGINNING AT THE POINT OF INTERSECTION OF A LINE P~LLEL AND FEET NORT~I OF TIIE SOUTR LINE OF THE NORT~ ONE IIALF OFf’ THE. NORTHEAST ONE QUARTE~ OF SECTION 12, TOWNSIIIP 42 SOUTH, RANGE 42 EAST, WITH A LINE PARALLEL WITH AND 405.0 FEET EAST OF THE WEST LINEOF SAID NORTHEAST ONE QUARTER OF SECTION 12, TIIENCE (FOR ~|E PURPOSE OF T~IS DESCRIPTION TIIE WEST LINE OF SAID NORTIIWEST ONE QUARTER OF SECTION 12 IS ASSUMED TO BEAR NORTII 0"17’36" EAST AHD ALL OTHER BEARINGS HERETO MENTIONED ARE RELATIVE TIIERETO) SOUTH 89°4844" EAST A DISTANCE OF 360.11 FEET TO THE BEGINNING OF A CURVE CONCAVE TO TIIE SOUTHWEST, HAVING A RADIUS OF 137.81 AND A CENTRAL ANGLE OF 50"58’41"; THENCE SOUTIIEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.61 FEET TO THE END OF SAID CURVE; TIiENCE SOUTH 38"50’05" EAST A DISTANCE OF 146.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF ¯ III,Ii FEET AND A CENTRAL ANGLE OF 39"01’.19"; THENCE SOUTIIERLY ALONG THE ARC OF JUST SAID CURVE A DISTANCE OF 75.67 FEET TO" THE END OF SAID CURVE; TIIENCE SOUTII 0"II’16" WEST A DISTANCE OF 115.00 FEET, MORE OR LESS, TO A POINT IN A LINE THAT IS 30.00 FEET NORTHERLY FROM A~D PARALLEL WITII THE SOUTH LINE OF THE NORTH ONE HALF OF NORTHEAST ONE QUARTER OF AFORESAID SECTION 12, SAID POINT BEING ALSO 990.00 FEET EAST OF THE WEST LINE OF TIIE NORTH ONE HALF OF THE NOKTIIEAST ONE QUARTER OF SAID SECTION 12 AS MEASURED ALONG THE JUST SAID PARALLEL LINE; THENCE SOUTII 89"48’44" EAST ALONG SAID" PARALLEL LINE A DISTANCE OF 60.00 FEET; TIIENCE NORTII 0"ii’16" EAST A DISTANCE OF 115.00 FEET TO TIIE BEGINNING OF A CURVE CONCAVE TO TIIE WEST HAVING A RADIUS OF 171.11 FEET AND A CENTRAL ANGLE OF 39"01’19"; TIIENCE NORTHERLY ALONG THE ARC OF JUST SAID CURVE A DISTANCE OF 116.54 FEET TO TIIE END OF SAIDCURVE; TIIENCE NORTH 38"50’03" WESTA DISTANCE OF I~6.74 " @EET TO TIIE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST,. IIAVING A RADIUS OF 197.81 FEET AND A CENTRAL ANGLE OF 50"58’41"; THENCE NORTIIWESTERLY ALONG ARC OF JUST SAID CURVE A DISTANCE OF 176.00 FEET TO THE END OF SA~D CURVE; THENCE NORTH 89"48’44" WEST A DISTARCE OF 360.00 FEET; THENCE SOUTH 0"17’36" WEST A DISTANCE OF’60.00 FEET TO THE POINT OF BEGINNING. PARCEL NO. 8 .. FROM TIIE SOUTHWEST CORNER OF THE NORTH HALF OF ~IE NORTIIEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAS T , RUN NORTH EAST ALONG TIIE WEST LINE OF TIIE SAI~ NORTIIEAST QUARTER OF SECTION 12, A DISTANCE OF 440.0 FEET; TIIENCE SOUTH 89"48’44" EAST 764.53 FEET TO THE POINT OF BEGINNING OF TIIE IIEREIN DESCRIBED PARCEL . AND TIIE BZGINNING OF A TANGENT CURVE CONCAVE TO TIIE NORTHWEST,HAVING A RADIUS OF 135.0 FEET AI~D A CENTRAL ANGLE OF 52"00’00"; THENCE NORTHEASTERLY. ALONG TIIE ARC OF SAID CURVE 122.52 FEET TO THE END OF SAID. CURVE; TIIENCE NORTII 38"ii’16" EAST 226.80 FEET TO TIIE POINT IN THE ARC OF A 3224.60 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST. A LINE RADIAL TO SAID CURVE PASSING THROUGH SAID POINT HEARS NORTH D2"46’01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND THROUGh! AN ANGLE OF 12"22’34", A DISTANCE OF 696.52 FEET TO A .POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO Tile NORTIIEAST, HAVING A RADIUS OF 120.0 FEET, THROUGH AN ANGLE OF 37"14’01", A DISTANCE OF 77.98 FEET; THENCE SOUTH 29"48’44" EAST 69.43 FEET TO A POINT IN ~IE ARC OF A 180.p FOOT RADIUS CURVE., CONCENTRIC WITII SAID 120.0 FOOT RADIUS’CURVE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 180.0 FOOT RADIUS CURVE AND THROUGH A~ ANGLE OF 50°53’00" A DISTANCE OF 159.86 FEET TO A POINT "~F REVERSE CURVATURE; THENCE NORTIIWESTERLY ALONG TIIE ARC OF A 3164.60 FOOT RADIUS CURVE, WHIC~ IS CONCENTRIC WITH AFORESAID 3224.60 FOOT RADIUS CURVE; THROUGH AN ANGLE OF I0"58’00", A DISTANCE OF 605.72 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WESTERLY AND SOUTHWESTERLY ALONG. THE ARC OF A 25.0 FOOT RADIUS CURVE CONCAVE TO TIIE SOUTH, HAVING A CENTRAL A~GLE OF ~5"59’19", A DISTANCE OF 37.52 FEET TO THE END OF SAID CURVE;~ THENCE SOUTII 38"11’16" WEST 129.54 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO TIIE EAST, HAVING A RADIUS OF 95.0 FEET AND A CENTRAL ANGLE OF 77"01’19"; TIIENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 127.71 FEET TO THE END OF SAID CURVE; THENCE NORTH 38"50’03" WEST 19.47 FEET ~0 TIIE EEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING KADIU5 OF 197.81 FEET AND A CENTRAL ANGLE OF 50~58’41": THENCE WESTERLY ALONG THE ARC OF SAID CURVE 176.0 FEET TO THE END UF SAID CURVE; THENCE NORTR 89"48’44" WEST 0.47 FEET TO THE POINT OF BEGINNING. Page 2 of 4 FROM THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42\EAST, RUN" NORTH 0"17’3G" El%ST ALONG THE WEST .LINE OF TIIE SAID NORTHEAST ~}UARTER OF :~CTION 12, A DIS.TANCE OF 440.0 FEET; THENCE SOUTH 89°48’44 " EAST 754~53 FEET TO THE BEGINNING OF A TANGENT CUR%~E CONCAVE TO THE NORTHWEST, HAVING RADIUS" OF 135.0 FEET AND A CENTRAL ANGLE OF 52"00’00"; T|rENCE NORTHEASTERLY ALONG TIIE ARC OF SAID CURVE 122.52 FEET TO T~IE END OF SAID CURVE; TIIENCE NORTH 38°11"16" EAST 226.80 FEET TO THE POINT IN THE ARC OF A 3224.50 FOOT RADIUS CURVE CONCAVE TO THE. SOUTIIWEST AND TIIE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: A LINE RADIAL TO SAID CURVE PASSING TRROUGII SAID POINT ~EARS~ORTH 32"4~’01" " THENCE NORTH 58"~’~" E~T. ~26.~8 FEET TO THE BEGINNING OF A CURV~, COnCaVE TO THE SOUTHEAST, HAVING ~ RADI~S OF 150 ?E~ AND A C~TRAL ~NGLE OF 52"; T}IENCE NORTHEASTERLY-~LONG THE ARC OF SAID ~RVE 117.98. FEET TO THE END OF SAID CURVE; THENCE SOUTH 89"48’44" EAST 244.19 FEET TO T~E BEGINNING OF A CURVE , CONCAVE TO T~E 3OUT~EST, HAVING RADIU~ OF I00 FEET ~ND A CENTRAL ANGLE OF 55"08~05"; TRENCE ~OUTIIEASTERLY ALONG THE ARC ~F SAID ~RVE. 96.23 FEET TO THE END OF 5AID CURVE; TIIENCE SOUTH 3.4"40’39" E~ST 77.03 FEET; THENCE SOUTH .32"43’50’~ EAST 552.03 FEET; T}IENCE SOUTR 57"16’i0" WEST 149.82 FEET TO TIIE BEGINNING OF A CURVE CONCAVE TO TIIE NOR~I HAVING A RADIUS OF 180 FEET; THENCE WESTERLY ~LONG THE A~C OF SAID CURVE, SUBTENDING ANGLE OF 26"59’25", A DISTANCE OF 84.79 FEET; THENCE NOR~I 29"48’44;’ WEST 59.43 FEET TO A POINT IN THE ARC OP k ~20 FOOT ~DIU3 CURVE . THAT ~ CONCENTRIC WITH THE HEREINBEFORE DESCRIBED 180 FOOT RADIUS THENCZ EKSTERLY AND NORTSEKSTERLY ALONG THE ~C" OF S~ID CUR~E, SUBTENDING AN ~NGLE OF 40"58’24" A DI~ANCE OF 85.12 FEET TO THE OF SAID CURVE; THENCE NORTR 57"16’IQ" EAST TANGENT TO SAID CURVE 89.8~ FEET; T}IENCE NORTII 32"43’50" WEST 491.01 FE~; THENCE MORTal ~4"40’~9" WEST 76.01 FEET TO T~E BEGINNIN~ OF A CURVE, CONCAVE TO ~E SOUT~EST, HAVING A RADIUS OF 40 FEET AND A CEN~AL ANGLE OF 55"08"0.5"; ~IENCE NORTI~ESTERLY ALONG THE ARC OF SA~D CURVE ~8".49 FE~ TO THE. END OF SAID CURVE; TIIENCE NORTH 89’48’44" WEST, 244.19 FEET TO ~E" BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 70 FEET AND A CENTRAL ANGLE OF 52"; TIIENCE SOUTHWESTERLY ALONG THE ARC OF SA~D CURVE 63.53 FEET TO THE END OF SAID CURVE; T}~ENCE SOUTN. 38"Ii’16’" WEST lql.05 FEET TO A POINT IN TIIE ~C OF TIlE IIEREINB~ORE DESCRibED. 3224.60 FOOT RADIUS CURVE; THENCE NORTI~ESTERLY ALONG THE ARC OF SAID CURVE, SUbTENDInG AN ANGLE OF.01"04’12"~ ~ DISTANCE OF 60.22 FEE~ TO THE POINT OF BEGINNING. PARCEL 12A COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIG~T-OF-WAY LINE OF MILITARY TRAIL (S.R. 809) AND THE NORTHERLY RIGHT OF WAY LINE OF JOHNSON DAIRY ROAD; TI[ENCE NORTH 0"17’36" EAST, ALONG SAID ZASTEI%LY K[GHT OF WAY LINK A DIZTA~{CZ OF 800.00 FEET; T!~ENCE SOUTII 89"48’44" EAST, ALONG TIIE NORTII PROPERTY LINE, A DISTANqE OF 1431.97 FEET TO THE WEST RIGHT OF WAY LINE OF STATE RO~D 9 (I-95) A~D THE ?OI~IT OF gEGIN~ING. THENCE SOUTII 57"05’26" EAST ALONG SAID WEST RIGHT OF WAY LINE OF STATE ROAD 9 (I-95) A DISTANCE OF 6.29 FEET; THENCE NORTII 89"48’9~~’ WEST A DISTANCE OF 295.36 FEET TO ~IE BEGINNING OF CURVE CONCAVE SOUTIIEASTERLY RAVING A RADIUS OF 130.0 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, TIIROUGH A CENTRAL ANGLE OF 52"00’00", A DISTANCE OF 117.98 FEET; THENCE SOUTH 38"11’16" WEST A DISTANCE OF SAID NORTH PROPERTY LINE; THENCE SOUTH .89"48’44" EAST, ALONG SAID NORTII PROPERTY LINE, A DISTANCE OF 440.00 FEET TO THE POINT ~GI~ING.CONTAINING 0.049 ACRES, MORE OR LESS. Page 3 of 4 COMMENCING AT T~IE [,OINT OF INTERSECT-ION OF TUE EASTEKLy RIG~[T OF LINE OF MILIT~Y T~IL (S.R. 809) AND T~E NORTHERLY RIGHT OF WAY OF JOHMSO~ DAIR~ ROAD; THEMCK ~ORTH ~’17’35" ~ST, ALONG ~E WESTERLY RIGHT OF WAY OF SAID HILIT~Y TRAIL, A D~STANCE OF 800.00 FEET; .THENC~ SOUT]~ 89"48’44" ~ST, ALONG THE NORT~ PROP~TY LI~E, A D~ST~NCE OF 295.00 FEET TO THE POINT OFBEGINNIMG. THENCE SO~TH 89"48’4~" CONTINUING ALONG SAID NORTH PROPERTY LINE, A ~IST~NCE OF 476.00 K~T;’ T~IEHCE SOUTH 0"ii’16" WEST A DISTANCE OF 42.59 ~EET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, ~AVIf~G A ~ADIUS OF 3224.60 FEET, RADIUS BEARS SOUTH 28"52’01" WEST; THENCE.NORTHWESTeRLY ALONG SAID CURVE TUROUG}~ A CENT~L ANGLE OF 0"48’01", £ DISTANCE OF 45.04 FEET TRE -BEGINNING OF A COMPOUND CURVE, CONCAVE SOUT}IERLY HAVING A OF -’I~0.00 FEET; T~ENCE WESTERLY ALONG SA~D ~RVE THROUGII ~ C~TRAL ANGLE OF 27"52’44", A DISTANCE OF 68.12 FEET TO THE ~OI~T OF T~GENCY; V:IENCE NORT~ 89"48’44" WEST A DISTANCE OF 370188 FEET; THENCE NO~ 0" 12"~*’ EAST A DISTANCE OF .5.00 FEET TO T~E PO£~T OF ~E~ING. CONTAINING 0.087 ACRES, MORE OR LESS. PARCEL "NO___=. 1--5 ~’~ FROM TIIE SOUTIIWEST CORNER OF TIIE NORTH UALF OF THE NOR~I~ST QUOTER OF SECTION 12, TOWHSH~P 42 SOUTH, ~NGE 42 ~ST, RUN NORTH 0"17’36 EAST ALONG TIIE WEST LINE OF THE SAID NORTH~T QUOTER 0F SECTION 12 (TIIE WE~T LINE OF TNE ~ORTHEAST QUOTER OF ~AID. SECTIO~ 12 IS TO ~EA~ NORTI~ 0"17’~" ~T ~D ALL OTHER ~I~G~ ~NTIONED A~E RELATIVE THERETO) A DISTANCE OF 450.0 ~EET; THENCE SOUTH 89:48’44" ~ST PARALLEL WITII ~IE SOU~I LIHE OF 3AID. NOR~ ~LF OF ~E NOR~T QUARTER OF SECTIOff 12 A DISTANCE OF 345 0 FEET TO THE POINT OF ~EGINNING OF THE H~EI~ DESCRIBED PARCEL: THEHCE NOR~ 0"1.7’3,6" EAST ~70.0 FE~T: THENCE SOUTR 89"48’44" EAST 370.~8 FEET TO T~E OF A CURVE, CONCAVE SOUTHERLY, IIAVI~G A RADIUS OF 140.0 FE~ ~D A CEHTKAL. ANGLE OF 27"52’ 44"; THENCE SOUTHEASTERLY ALONG ~E ARC OF SAID curve 68.12 FEET TO A POINT oF COMPOUND CURVATURE; ~E~CE ~OUT~ASTERLY ALONG T~E ARC OF A CURVE COHCAVE TO TIIE 3OUT,WEST HAVING A RADIUS OF ~224.60 FEET, THROUGH A CENT~L ANGLE OF 4"42’01" DI~TAHCE OF 264.5~ FEET TO THE END OF SAID CURVE; THENCE SOUTH 38"11’16" W~ST 60.27 FEET, MORE OR LESS, TO ~ POINT IN THE ~C OF A 3164.¢0 FOOT ~{ADIU~ CURVE ~OHCENTRIC WITI~ AFORESAID 3224.60 FOOT RADIUS CURVE. ~ LINE ~DIA~ TO ~AID CURVE PASSING THROUGH SAID POINT ~EA~5 NORTH 52"39’50" EAST; THENCE NORT~E~TERLY ALONG THE ARC OF SAID CURVE "AHD ~iROUGH A CEHT~L ANGLE OF ~’35’.50"’A DIST~CE OF "25~.92 FEET TO A POIt{T OF COHPO~D .CURVAT~RZ; THE~C E WEST~LY ALONG THE OF A~ 30 FOOT RADIUS CURVE THAT IS CONCENTRIC. WITHAFORESAID 140 FOOT RADIUS CURVE A~D THROUGH A CENTRAL ~GLE OF.27"52’44" A DI.~TA~CE OF 3~.93 FEET TO ~IE END OF SAID CURVE; THENCE NORTH 89"48’44" 310.99 FEET; TI~ENCE SOUTH 0"17’36" WEST 310.0 FEET; THENCE NORTH 89"48’44" WEST 60.0 FEET, ~0~ OR LES~, TO T~E PO~T OF ALSO LESS AND EXCEPTINS: A PARCEL OF LANDLYING IN SECTION 12. TOWNSHIP42 SGUTH~ RANGE. EAST. CITY OF PAL.H BEACH GARDENS. PALM BEACH ~O~TY.. FLORIDA. DESIGNATED AS PARCEL 32 IN THAT AMENDED ORDER OF TAK~NS ENT~F(ED |N PALM BEACH COUNTY .~IRCUIT COURT CASE NO. CL-Sg-91~S-AEo RECORDED, IN OFFICIAL RECORDS BOOK 6550. PAGE 1734. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A~ THE NORTH ~UARTER CORNER 0;: SAID SECTION 12: THENE~ SOUTH 01"58"20" WEST (BEARINGS, ARE B~SED ON ~N ASSUMED ~EARINS OF SOUTH 0~°58’20" WEST ALONG THE NORTH/SOUTH ~UARTER SECTION LINE OF SAID SECTION 12) ALONG THE NORTH/SOUTH QUARTER SECTION LINE OF ~AID SECTION 12. SAID NoRTH/SOUTH QUARTER SECTION LIN~ ALSO BEING. THE CENTERLINE OF MILITARY TRAIL IS.R. 809). A DISTANCE 8G2,55 FEET: THENCE SOUTH SO°Oh’02" EAST. A DISTANCE OF 50~00 FEET TO A POINT ON THE EASTERLY RIGHI-OF-WAY LINE OP SAID MILITAR~ TRAIL AND THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 88"0~’02" EAST.~. A DISTANCE OF 3.00 FEET TO A POINT ON A LINE LYING 5~.00 FEET EAST. OF (AS MEASURED AT RIGHT. ANGLES TO) AND PARALLEL WITH SAID NORTH/SOtnH QUARTER SECTION LINE OF SAID SECTION 12: THENCE SOUTH 01"58"20" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 394.B~ FEET TO THE POINT OF CURVATURE OF A CURVE. CONCAVE TO THE NORTHEAST. HAVING A RADIUS ~ OF 25.00 FEET: THENCE SOUTHERLY. SOUTHEASTERLY AND EASTERLY ALONG’THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 90°05"00"~ A .DISTANCE i OF 39,31 FEET TO. THE NORTHERLY RIGHT-OF-WAY LINE OF JOHNSON ROAD AND THE POINT OF CUSP: THENCE NORTH 88°06"40" WEST ALONG SAID NORTHERLY RIGHT- OF-WAY LINE. A DISTANCE 0F28.0~ FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF MILITARY ~RAIL: THENCE NORTH 01’58"20" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE. A DISTANCE OF 419.88 FEET TO THE POINT OF BEGINNING. .. EXISTING USE Subject Property Tanglewood Apartments PUD North Admiralty PUD: Hotel and Office South Palm Beach Gardens Municipal Complex West Trails End Apartment Complex East Interstate 95 Northcorp Office Park I II ZONING LAND USE Planned Unit Development Residential High Underlying Zoning Planned Unit Development CG-1 Commercial Underlying Zoning Public/Institutional Residential Medium Planned Community Development M-1 Light Industrial Residential High Commercial Public Residential Medium Industrial City Council Meeting Date: February 21, 2002 Date Prepared: February 1, 2002 Petition PUD-00-04 Site = Residential High Minimum Site Width Section 78-141:100 feet 800 feet Maximum Building Lot 22.8% Coverage Section 78-141:35% Maximum Building Height 36 feet Section 78-141 : 36 feet Front Setback 54 feet Section 78-141:30 feet 14 feet 7 inchesSide Setback Section 78-141:20 feet Side Setback Facing a Street Section 78-141:20 feet Rear Setback Section 78-141:20 feet Landscape Islands Section 78-344 Maximum of 9 parking spaces between islands Shade Trees Within Parking Areas Section 78-344 All spaces within 40 feet of trees Landscape Buffers Section 78-319 Minimum landscape buffer of 15 feet. Off-site Parking Section 78-341 All parking located on site Platting Section 78-446 Plat review and approval 24 feet Consistent? Yes Yes Yes Yes No Waiver Requested Yes 22 feet 6 inches Yes Non-conformities existing Non-conformities existing 0 feet minimum 105 spaces located off-site (Johnson Dairy Road) No Waiver Requested No Waiver Requested No Waiver Requested No Waiver Requested Platting required prior to issuance of the first building permit. No Waiver Requested ALFRED J. MALEFATTO WEST PALM BEACH OFFICE ATT 0 R N E Y S AT L A W DIRECT DIAL: (561) 650-7908 Email: male fartoa@gllaw.com October 26, 2001 By Hand Delivery Charles Wu, AICP, Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Union Square PUD Amendment (f/k/a Tanglewood Apartments) Dear Charles: On October 5, 2001, Barbara Springthorpe and I met with you, Ed Tombari and Len Rubin to review the status of the Tanglewood/Union Square redevelopment application. At that time you stated your position opposing our proposed phasing of the project. We reiterated our position that the proposed phasing of the redevelopment project is critical to the commencement of the renovations as quickly as possible, which we have understood is the primary goal of all concerned. With the delays encountered in processing this fairly simple application, the most recent of which is the scheduling of the. project for public hearing before the Planning and Zoning Board on November 27, 2001 (when we were anticipating October 23, 2001), the basis for our proposed phasing is even stronger. As noted in my letter to you of October 3, 2001, our client remains willing to post a bond in the amount of $500,000.00 upon approval of Phase I, to assure that we will file the Phase II engineering, survey, lighting and other required plans with the City within 120 days of City Council approval of Phase I. Phase I shall consist of interior and exterior renovations to the existing buildings, landscape improvements per the submitted plans, and construction of the deceleration lane on Military Trail. We remain committed to this two-phase approach and are prepared to present our position to the Planning and Zoning Board on November 27, 2001. We -intend to proceed at that time, regardless of staff’s recommendation regarding theproposed- ¯ ph,asing~ The following are our responses to the Engineering Department’s comments dated Octol~&.~ 200,1 i. GREENBERG TRAURIG, EA. P.O. Box 20629 WEST PALM BEACII, FLORIDA 33416-0629 561-650-7900 FAX 561-655-6222 www.gtlaw.cora 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACII, FLORIDA 33401 .MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPIIIA TYSONS CORNER CIIICAGO BOSTON PIIOEN|X WILMINGTON LOS ANGELES I)ENVEI S,~O PAULO FORT LAUDERDALE BOCA RATON WEST PALM BEACII ORLANDO TALLAIIASSEE Charles Wu, Growth Management Director October 26, 2001 Page 2 Comment #1. Boundary_ & Topographic Survey. The survey submitted with the application (amended December 15, 1999) illustrates the entire site, including all improvements and boundaries. While it is not a topographic survey, we believe it meets the intent of the requirement. A topographic survey will be completed as part of Phase II. Lighting Plan. This plan will be developed as part of Phase II. Narrative. We provided a written narrative explanation of the redevelopment plans, as well as numerous verbal discussions. Drainage Statement. A drainage statement, completed by Tom McCarthy, P.E., was submitted as part of the original application. Any further drainage studies will be conducted as part of Phase II. Waiver Request Summary. No response required. Comment #2. Turning Movement Analysis. The analysis by Kimley-Horn is attached. Comment #3. Deceleration Lane Plans. These plans will be provided prior to the issuance of the building permit. Comment #4. Sidewalk/Entry. Satisfied. No response required. Comment #5. Planting & Hardscape Plans. Details of sidewalk modifications will be provided as part of Phase II. Comment #6. Note re: Signage, Pavement Markings/Wheels Stops & Curbing. This issue will be addressed as part of Phase.II. GREENBERG TRAURIG, P.A. Charles Wu, Growth Management Director October 26, 2001 Page 3 Comment #7. Note re: Storm Sewer Pipe & .Inlet System Cleaning/Repair. This note will be added to the master plan as part of Phase II. Comment #8. Phasing plan/Internal drive aisles/Demolition material stockpiling. The developer has consistently stated that this will be a two-phase development plan, with Phase I consisting of renovations to the buildings as soon as possible. Phase II will address typical PUD items such as lighting, platting, drainage, etc. A plan for the stockpiling of demolition material is being developed at this time and will be submitted prior to the City Council meeting. Comment #9. Connection to Admiralty Project. Done. No response required. We have previously addressed, and provided written details on, items such as roofing materials, landscaping, architectural styles. We will provide samples of the roofing material at the November 27, 2001 public hearing. Please confirm that we will be scheduled for the November 27 Planning and Zoning Board meeting. AJM/dlv cc:Planning and Zoning Board Members Mr. Ron Ferris (via hand delivery) Leonard Rubin, Esq. (via fax) "Ed Tombari, AICP (via hand delivery) ¯ Sean Donahue, P.E~ (viahand~delivery) John Glidden, AIA (via fax) Mr. Richard Schlesinger (via fax) Mr. Adam Schlesinger (via fax) Mark F. Bideau, Esq. Frank Meroney, ASLA (via fax) Barbara Springthorpe, AICP Tom McCarthy, P.E. (via fax) Joseph Pollock, P.E. (via fax) Very truly yours, Alfr&l J. 1V~le~atto 0 : ’~~ GREENBERG TRAURIG, P.A. Union Square Waivers The following waivers are requested in order to allow the owner to move ahead with the redevelopment of the property. The significant remodeling proposed in Phase I will result in the resolution of the code enforcement issues as well as a general upgrading of the property. Waiver #1 (Site Area) As indicated in the Growth Management Department’s comments, Section 78 of the LDR’s requires that the applicant provide a minimum site area of 41 acres for this number of dwelling units. The City Council addressed the comprehensive plan/density issue in December, 2000. This site area waiver is related to the action already taken by the City Council, but is made necessary because the site area requirement is contained in the LDR’s. The applicant relies on the previous City Council approval of the comprehensive plan/density issue as a basis for this LDR waiver. This is an existing project consisting of 542 dwelling units. No increase of density or intensity is planned for the site. Waiver #2 (Landscape Islands) The LDR’s require a landscape island in between every nine parking spaces. The applicant requests a waiver from this requirement. The parking will be addressed in Phase II. Waiver #3 (Shade Trees) The LDR’s require the providing of shade trees within forty feet of every parking space, and the applicant requests a waiver from this requirement. There are a number of shade trees on the property at this time. The applicant estimates that approximately 90% of the site plan is in conformance with this requirement, as shown on the landscape plan, except in the areas where there exists overhead power lines. Shade trees cannot be added to these areas. Waiver #4 (Parking) Section 178 of the Land Development Regulations does not permit the use of off-site parkitt’g foran.adjacent devetopmcnt~ -A"p0rtion 0fthe parking for the-residentsis located on .... Johnson Dairy Road. This parking has existed since the project was originally constructed. This issue will be addressed in Phase II. The general issue of on-site parking will be addressed in Phase II. Waiver #5 (Wall) A wall is required between residential and commercial uses. As set forth in City Forester Mark Hendrickson’s comments, there are numerous reasons to grant a waiver of this requirement. The wall was once shown on the site plan, but has subsequently been removed. Waiver #6 (Perimeter Landscape Buffer) The applicant has included a plan that calls for additional numerous areas where the perimeter landscape buffer does not standards. Again, this is an issue that will be dealt with in Phase II. Waiver # 7 (Platting) This PUD requirement will be addressed in Phase II. landscaping, but there are comply ~vith the current \\wpb-srv01 ~SPRINGTHORPEBk346724v0 IkS/I/0 I’v20821.014200 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 120, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN EXEMPTION OF A NON- CONFORMING USE FOR THE TANGLEWOOD PUD, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, JUST SOUTH OF PGA BOULEVARD, TO ALLOW THE CONTINUATION OF THE EXISTING RESIDENTIAL DENSITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a request from Tanglewood CSC, Ltd. for the approval of an exemption of a non-conforming use at the Tanglewood Planned Unit Development (PUD) to allow for the continuation of the existing residential density, which exceeds the density allowed by the City’s Comprehensive Plan; and WHEREAS, Policy 1.1.5.8 of the City’s Comprehensive Plan allows the City Council, after a public hearing, to exempt a non-conforming use once it considers its compatibility with surrounding properties; and WHEREAS, the 28.45 acre "Tanglewood" site is currently zoned Planned Unit Development (PUD), with an underlying zoning of Residential High (RH) and a future use of Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of an exemption of a non-conforming use at the Tanglewood Planned unit Development (PUD) to allow for the existing residential density to remain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY .............. OF. PAt~ BEAC.H.GA~NS, FLORIDA rHA~.; ............................................................... SECTION 1" The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the exemption of a non-conforming use at the Tanglewood Planned Unit Development (PUD), located on the east side of Military Trail, just south of PGA Boulevard, as more 5 particularly described in Exhibit "A" attached hereto and incorporated her~in, to allow for the continuation of the existing residential density in excess of the maximum density currently permitted under the City’s Comprehensive Plan. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS ~’/DAY ~ ~,~i~.,~,_l,,.~., 2000. AcATT~ERK I HEREBV C.ERTIFY.~hat I have approved th~s Resolu{~bn.as.t5 form. LEONARD G. RUBIN, CITY ATTOI~NEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN ~" COUNCILMAN SABATELLO ~ COUNCILWOMAN FURTADO ,/ .............. COUNCILMAN CLARK ........~ ........... 6 ’~’.-’~/~-:’ i ..... ¯ " ......................................... ;+;7: {, -~:::::::::::::: __. --i- ..............-i" ......- .........................."- -’-"" -----7" ]:’2 ....................................................................................... P:\PROJECT\,CTIVE\OO\TNO-OJ57\TMO-ELAJ.ON6 Tue Sep 25 08:09:5~ 200~ L_ .)® || sheet title: BUILDING TYPE "A" ELEVATIONS RENOVATIONS TO: UNION SQUARE aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA ~OLIVER ¯ GLIDDEN ~ pA~TN~P~ ¯ P: \PROJECT\~]TIVE\OO\TWD-O157\TWD-ELAI.OWG Tue Sep 25 08: t~0:16 2001 ==~ I RENOVATIONS TO: UNION SQUARE aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA ~OLIVERo GLIDDEN & pA~T~P.S P: \PROJECT\ ~,CTIVE\OO\TWD-OI57\TWD-ELA~.DWG Tue Sep 25 08: 09:35 2001 I| sheet tRle: BUILDING TYPE "C" ELEVATIONS file name: "rWD-ELDWG ~revisions: I date:06/21/00 08/0t/0tIdrawn by:JS 09/06~01 I checked by:JG RENOVATIONS TO: UNION SQUARE aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA P: \PROJECT\ACTIVE\OO\TWO-O~57\TWD-FPB.DWG FP~ Aug 03 ~4: 59:08 200~ IJ file name: TWD-FPA.DWG project no: 00157 revisions: date:06/21/00 08101/01 drawn by:JS checked by: JG RENOVATIONS TO: UNION SQUARE aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA FrJ Aug 03 J4:59:24 200J 06P P:\PR@JECT\ACTIVE\OO\TWD-O157\TWD-FPB.DWGFP~ Aug 03 ~a:58:54 200~ OGP II II II tl n _JI -- ---II U i,~s~t title: BUILDING TYPE FLOOR PLANS ~ C’t~le name: I~/VI~J=PA+DWG project no: 00157 revisions: date:06/21/00 drawn by:JS checked by: JG 08/01/01 aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA OLIVER. GLmm~N & LAND DEVELOPMENT REGULATIONS COMMISSION CITY OF PALM BEACH GARDENS Growth Management Department Staff Report Meeting Date: February 21, 2002 Date Prepared: January 31, 2002 SUBJECT/AGENDA ITEM Petition LDR-01-11: Art in Public Places First Reading of Ordinance 11,2002: A City-initiated request to amend the City’s Land Development Regulations Section 78-261 "Definitions," of Division V "Public Places," of Article V "Supplementary District Regulations," of Chapter 78 "Land Development," to expand the definition of"Development" to include a total construction cost equal to or exceeding $1,000,000.00, as a minimum construction cost for the provision of Art in Public Places. RECOMMENDATION Staff recommends approval of Ordinance 11, 2002. Reviewed by: Principal Planner Talal Benothm,~lCP City Attorney_~" Finance NA Human Res. NA Submitted by: Growth _/~ Manage_~t [, D i recto ~..;,~l~l(j~ ~-. (_~ Charles K. Wu, AICP Approved by,~,~ f./. City Manage~ Ronald M. Ferrist/ Originating Dept.:FINANCE: NA Growth Management: ~Costs: $. Project Total Manager " Kara Irwin Advertised: Date: Paper: [X ] Not Required Affected parties: [ ] Notified [ X ] Not Required Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: LDR Commission Action: [] Approved [] App. w! conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to:__ Attachments: ¯ Ordinance 11,2002 ¯ Ordinance 46, 1988 I City Council Meeting date: February 21,2002 Date prepared: January 31, 2002 Petition TXT-01-11 BACKGROUND On July 20, 2000, the City Code of Ordinances was amended by Ordinance 17, 2000, which updated the City’s Land Development Regulations to reflect the development patterns evolving in the City at that time. The existing Code addressed Art in Public Places under Chapter 106, "Public Places", which was repealed by Ordinance 17, 2000, and replaced with Division 5. "Public Places," Article V. "Supplementary District Regulations." The amendment omitted the $1,000,000.00 minimum construction cost for new construction or renovations, which changed the code to include all construction regardless of the construction costs. The original intent of the code was to require Art in Public Places for large non-residential projects, which would generate substantial budgets for art. The City-initiated amendment corrects the oversight in the original Land Development Regulations amendment, which omitted the $1,000,000.00 minimum for construction costs. LAND DEVELOPMENT REGULATION TEXT AMENDMENT The proposed text amendment to the City’s Land Development Regulations is as follows: Division 5. PUBLIC PLACES Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a)Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. (1) Construction cost means total costs of buildings constructed on the site. (2)Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. (3)Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. City Council Meeting date: February 21,2002 Date prepared: January 31, 2002 Petition TXT-01-11 (b) Violations. Violation of this chapter shall be subject to enforcement as provided in Article VII. RECOMMENDATION Staff recommends the adoption of Ordinance 11,2002. Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Revised: February 13, 2002 ORDINANCE 11, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTION 78-261, "DEFINITIONS." OF DIVISION 5. "PUBLIC PLACES." OF ARTICLE V. "SUPPLEMENTAL DISTRICT REGULATIONS" OF CHAPTER 78. "LAND DEVELOPMENT." OF THE CITY CODE OF ORDINANCES BY AMENDING THE DEFINITION OF DEVELOPMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently contains provisions for an Art in Public Places fee requirement and the creation of an Art Advisory Committee; and WHEREAS, the Art in Public Places fee requirement was established by Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in Public Places requirement; and WHEREAS, the City updated the Code of Ordinances through the adoption of Ordinance 17, 2000, which inadvertently omitted the $1,000,000.00 minimum construction cost requirement; and WHEREAS, on February 12, 2002, the City’s Land Development Regulations Commission recommended approval of the amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 78-261, "Definitions." of Division 5. "Public Places." Of Article V. "Supplemental District Regulations" of Chapter 78. "Land Development." of the City’s Code of Ordinances is hereby amended to read as follows: Division 5. PUBLIC PLACES Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context Ordinance 11, 2002 Meeting Date: February 21,2002 Date Prepared: February 5, 2002 clearly indicates a different meaning. (1)Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildinqs on a project site. All buildings within Planned Unit Developments and Planned Community Districts shall be assessed cumulatively towards the Art in Public Places requirement, even if they are permitted separately. If the a.qgre.qate cost of the entire proiect exceeds the $1,000,000.00 threshold, each phase of development shall pay the required 1% of Construction cost towards Art in Public Places for the project. (2)Development means any caPital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. (3)Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. (b) Violations. Violation of this chapter shall be subject to enforcement as provided in Article VII. SECTION 2. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," article" or any other appropriate word. SECTION 3. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall be effective upon the date of adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS ~DAY OF 2002. DAY OF 2002. 2 Ordinance 11, 2002 Meeting Date: February 21,2002 Date Prepared: February 5, 2002 PASSED AND ADOPTED THIS DAY OF 2002. JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCILMEMBER ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCILMEMBER ATTEST: CARL SABATELLO, COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY CAROL GOLD, CITY CLERK LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYRO RUSSO VICE MAYRO JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNDILMEMBER SABATELLO AYE NAY ABSENT ORDINANCE 46, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO ART IN PUBLIC PLACES; CREATING A 2% FOR ART IN PUBLIC PLACES PROGRAM FOR PRIVATE DEVELOPMENTS; PROVIDING FOR DEFINITIONS; PROVIDING WAIVER OF REQUIRE- MENTS; PROVIDING FOR AMENDMENT TO THE PALM BEACH GARDENS CODE BY CREATING PART IV, CHAPTER 151 OF THE PALM BEACH GARDENS CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens acknowledges the impor- tant part the arts play in the lives of its resldents and visitors; and WHEREAS, the Clty of Pa]m Beach Gardens prides Itself in its projects and programs in the visual and performing arts; and WHEREAS, private developments in the City of Palm Beach Gardens affect the physical and cultural environment of the City of Palm Beach Gardens, its residents and visitors; and WHEREAS, the qualtty of 1tie in the City of Palm Beach Gardens should be further enhanced by Including a 2% allocatlon of funds for Art in Public Places projects for private developments as part of the construction budget for certatn private developments; WHEREAS, the obJectlve of this Ordinance is to enable the City of Palm Beach Gardens to preserve its artistic heritage, to promote a community envlronment which provides equal and abundant opportunity for exposure to culture and fine arts in all forms, and to bring works of art Into the urban landscape with the hope that directly or Indirectly these works of art shall humanlze, beautlfy, and refine the llves of its people. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: The Palm Beach Gardens Code ts hereby amended by creatlng Part IV of Chapter 151 of the Palm Beach Gardens Code and hereby adopting same as follows: PART IV. ART IN PRIVATE DEVELOPMENTS: PRIVATE DEVELOPMENTS - Any capltal project to construct or remodel any private development, except resldentlal, or any portion thereof wlthln the llmlts of the City of Palm Beach Gardens, F1orlda. WORKS OF ART. For the purpose of this Ordinance, the term "works of art" is defined hereby as all forms of the visua] arts con- ceived in any medium, materlal or combination thereof, includlng, but not llmlted to palntlng, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings and collaborative design projects between archi- tects and/or landscape architects and artists. CONSTRUCTION COST - is defined to be total costs of buildings constructed on the site. SECTION II. 2% FOR ART IN PUBLIC PLACES IN PRIVATE DEVELOPMENTS At1 budgets for the new construction of private developments in the City of Palm Beach Gardens, as specified In Section 3 below, shall include an amount of two percent (2%) of the total budgets. Therefore, for works of art and said fee shall be imposed and paid to the City as follows: A. One-half (I12) at time of issuance of buildlng permit. B. One-half (I12) at time of issuance of Certificate Occupancy. At the discretlon of the City Council, this payment may be delayed up to 60 days after issuance of Certlficate of Occupancy. C. The monies collected by the City shall be held in a segre- gated, interest bearing account of the Clty and shall be used for the purchase of art to be used at the construction site or another site at the "Regional Center" to be determined by the "Trust Fund" and shall be in accordance with further provisions of this ordinance. 0. If the flnal project cost is higher than the cost flgure used to calculate the preIlmlnary art budget, the art budget must be increased as necessary to equal 2% of the actual defined total project cost. The art budget must be revised within 30 days of any such changes. 1. ARTIST SLELECTION - The selection and con~Isslonlng of artists shall be In accordance with the APP Implementation Guldelines by the Advisory Art Commlttee. 2. ADVISORY ART COMMITTEE - When consideration is belng given by the City Councll to a construction project, the City Councll shall -2- also constder whether or not the proposed construction project Is suitable for the location of works of art. The City Counc11 shall appolnt a speclal Advisory Art Committee to render an advisory oplnlon regarding, but not limited to: (a) The suitability of the construction project as a loca- tion for works of art; and (b) The nature of the works of art whlch are most approprlate for the construction project; and (c) The best method of securing the recommended works art. The City Council shall specify the scope of the opinion which It e]lclts from the special Advisory Art Con~ittee, and the time limit withln which a response Is required. 3. OWNERSHIP/MAINTENANCE - Artworks purchased under provisions of this Ordlnance are the property of the private developments and must be insured and maintained by them. No installed artwork can be altered or removed from the site without the approval of the City Councl|. Under certaln clrcumstances, when the art is situated at or on property or facl]ltles owned or occupied by the Clty, the developer may transfer ownership to the City. Such a gift will entitle the deve|oper to all appropriate tax deductions for charitable contribu- tions, Such art must be maintained by the City. The Clty has the right to maintain any art It deems Improperly maintained and charge the owner the cost of such maintenance. 4. INSURANCE - Proper Insurance coverage shall be maintained by the City on artworks purchased with funds generated by this Ordinance If ownership ls transferred by the private development to the City of Palm Beach Gardens. SECTION IIl. ELIGIBLE PROJECTS ELIGIBLE PROJECTS: New construction, renovation, or remodeling of any improvement with a minimum construction budget of $I,000,000.D0; excepting governmental or resldentia] structures. SECTION IV. WAIVER REQUIREMENTS. The requirements of Section II may be waived by Resolution of the City Council when and if it appears to said Council that a private development covered hereunder ts not appropriate for application of the above requirements, The Ctty Counc11 or Art Advisory Con~nlttee, at the City Council’s dlscretlon, m~y give the developer partlal cre- dit for project servlng aesthetic features. Private dvelopment may also choose to donate APP funds for use at an alternate stte or pro- Ject to be admlnlstered by the Regional Center Cultural Trust Fund. Further, private developer may choose to use 80% of art funds generated by thls ordinance at the prlvate development and "donate" 20% of art funds generated by this ordinance to the "Reglonal Center Cultural Trust Fund", or any other percentage combination at the discretion of the developer and City Council. Such a gift w111 entitle the developer to all appropriate tax deductions for charitable contributions. SECTION V. REQUIREMENT FOR CREATION OF AN ADVISORY ART COMMITTEE The City Council, in conjunction with approval of an "eligible" project shall by Resolution create an Advisory Arts Commlttee con- sisting of the following membership: (I) Representative of the project developer; (I) Representative of the project architect; (I) Project Landscape Architect; Plus the fo]lowlng Representative all being residents of or property owners in the Clty of Palm Beach Gardens: (i)Representatlve of the Northern Palm Beaches Chamber of Commerce Art in Public P|aces Committee; (I)Executive Director of the Palm Beach County Council of the Arts or their representative at the discretion of the City Council; (3)Three persons selected by the Clty Council which shall not include a Councll member, a commercial art dealer or prl- rate for-profit arts consultant. This committee shal! screen submissions of existing or com- misslonable works of art and recommend not more than one (I) selection to the City Council, which shall meet to review and vote on the recom- mended selection wlthin thlrty (30) days of the filing thereof with the City Clerk. The committee shall meet as often as possible but shall meet at least one (I) tlme monthly and sha|l make recommen- datlons to the City Council no later than six (6) months from date appointment, at tlme of permlt application or prior to final slte plan approval. The City Nanager shall have authority to provide monies for administrative expenses of the committee. SELECTION CRITERIA The following criteria must be considered by the Advisory Art Committee in the selection of an artist for an APP private development project: Appropriateness of art work to site and site environmental con- dltlons. Quality of art work. Maintenance requirements. Ability of artist to complete project within specified sche- dule. Exhibition and sales history, as well as works in public collectlons and previous public art purchases or commissions. CONSIDERATION Consideration must be given to project zoning (as base specifi- cations and wine tolerance for sculpture. Permits and building department approval must be obtained when necessary. PROCEDURES The "ACC" must meet at appropriate times to complete their task within the specified schedule. The ’AAC" must place at least one advertisement in a regional publication (newspaper or magazine) calling for artist submissions for the project and describing the project. The Committee may also use the following artist registries as possible sources: Northern Palm Beach Chamber of Con~erce; Palm Beach County Council of Arts; and State of Florida, The "AAC" must consider the following criteria for the recom- mendation of an exlsting work of art: S11de review of work to be recommended. Viewing of actual recocmended work by at least two (2) Committee members, The Art Advisory Committee must consider the following cri- terla for the recommendation of a commissioned work of art: Artist submlsslon of scale drawings. Artist submission of a two or three dlmenslonal model of the proposed work, -5- SECTION VI. CREATION OF CULTURAL TRUST FUND. A "Reglonal Center Cultural Trust Fund" (RCTF) wlll enhance the "Gardens Reglonal Center on PGA Boulevard" as a cultural center through the support, development and creation of innovatlve programs, facilltles and public art works encompassing a variety of artistic medla and disclpllnes, thereby encouraging the use of cultural expression as a development tool. The Trust Fund is intended to broaden the opportunlties for public involvement in art created for publlc spaces and In the development of cultural programs. The City of Palm Beach Gardens shall serve as Trustee of said Fund wlth a Trust Fund Committee to be appointed by the City Council as follows: One (1) member to be a representative of the North Palm Beach Chamber of Commerce. One (1) member to be Executive Director of the Palm Beach County Council of Arts or their representative at discretion of the City. Three (3) members to be selected by the City Council, all being residents of or property owners in the City of Palm Beach Gardens. No member of the City Council, commercial art dealer or for- profit art consultants shall be eligible for membership. All Trus Funds shall be placed in an interest bearing, segre- gated account of the City and monies may be expended therefrom for administrative costs by authority of the City Manager. Expenditures for general art malntenance when required, commissioning of artists or purchase of works of art shall be approved by the City Council. Expenditures by the Clty Council sha|| be made after a recommendation of the Trust Fund Committee Is received. Committee Members shall meet at least every two (2) months with a project plan statement to be filed with the City Manager for presen- tation to the City Council every six (6) months. Fallure to make such report wlthin required tlme may constitute termlnation of membershlp with successor appointments to be made by the City Council. The inltial membership shall be for a term of one year, two years and three years and thereafter every three years. SECTION VII. SEVERABILITY Should any section or provlsion of this Ordinance or any pot- -B- tton thereof, any paragraph, sentence or word be declared by a Court of competent jurlsdlctlon to be lnvalid, such declsion shall not affect the validity of the remainder hereof as a who]e or part thereof other than the part declared to be lnvalid. SECTION VIIIo CONFLICTS. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION IX. EFFECTIVE DATE This Ordinance sha1| become effective upon Its passage. PLACED ON FIRST READING THIS THE 20th DAY OF OCTOBER, 1988. PLACEDON SECOND READING THIS THE 19th DAY OF JANUARY, 1989. PASSED AND AI~O~TED THIS. 19th VICE MAYOR DAY OF JANUARY, 1989. ~eOUNCI LMAN ATTEST: &INDA M. HINO, CMC, CITY CLERK VOTE: AYE/NAY MAYOR FEENEY -A~rE VICE MAYOR MARTINO ~ COUNCILWOMAN MONROE ITA? COUNCILMAN ALDRED A~rE COUNCILMAN KISELEWSKI AB~ERT APPROVED AS TO LEGAL FORM AND SUFF~I/ENCY - /,//i /’/’/ CITY ATTORNEY I N T E R 0 F F I C E MEMO To: From: CC: Subject: Date: Honorable Mayor and City Cou,,oeif~ Leonard G. Rubin, City Attor/,’fey ~ Ron Ferris, City Manager ’,~ Litigation Report February 11, 2002 1.City of Palm Beach Gardens v. Charles Vavrus. Injunction Action: The City filed suit against Charles Vavrus, the owner of approximately 4,700 acres of land, to prevent the harvesting of trees and the clearing of land without the required permits, applications and approvals. The Circuit Court entered an injunction in favor of the City, and Vavrus appealed. The Fourth District Court of Appeal affirmed the entry of the temporary injunction. The City then sought the entry of a permanent injunction. Vavrus has moved for summary judgment on the City’s injunction action. The City is represented by Terence Watterson of this office. Code Enforcement Appeah Vavrus filed an appeal from the Code Enforcement Board order finding him in violation of the City Code, levying fines against him, and imposing liens against his property. The Circuit Court Appellate Division affirmed the order entered by the Code Enforcement Board. Vavrus filed a motion for rehearing, which was denied by the Court. Vavrus recently filed a Petition for Writ of Certiorari with the Fourth District Court of Appeal, seeking review of the Circuit Court’s decision. The City has filed its Response to the Petition for Writ of Certiorari. The City is represented by Leonard Rubin of this office. 2. Suffolk Construction Co. v. City of Palm Beach Gardens. Suffolk filed suit in Circuit Court for damages arising out of the contract between the City and Suffolk relating to the construction of the Municipal Complex. The parties settled all issues at mediation, with the exception of Suffolk’s entitlement to additional monies for overhead expenses incurred prior to February 10, 1999. The parties again attempted to mediate this issue with no success. The City has filed an Answer and the case is in its discovery phase. City of Palm Beach Gardens Litigation Report February 11, 2002 Page 2 The City is represented by Stanley Klett of this office. 3.Adolf Alexandre v. City of Palm Beach Gardens. Alexandre filed suit in Circuit Court against the City seeking damages for alleged violations of the Florida Civil Rights Act of 1992. Alexandre was a probationary police office who was terminated prior to the expiration of his probationary period. The City has filed an Answer and the case is in its discovery phase. The City is represented by Johnson, Anselmo, Murdoch, Burke & George (insurance counsel). 4.City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation and Bankers Life and Casualty Company. The City filed suit in United States District Court for the Southern District seeking to recover the costs incurred for the remediation of the soccer fields from the MacArthur Foundation and Bankers Life, prior owners of the property. The City is also seeking damages against the Foundation for breach of the agreement whereby the Foundation sold the recreation field property to the City in exchange for park and recreation impact fee credits. Banker’s Life and the Foundation have filed Answers to the Complaint and the case is proceeding. The parties have agreed to conduct further settlement discussions the week of February 25, 2002. The City is represented by Ruden, McCIosky, Smith, Schuster & Russell. 5. Dennis O’Rourke v. City of Palm Beach Gardens. Former Assistant Police Chief O’Rourke filed suit in Circuit Court seeking damages for the City’s alleged violation of the Florida Whistle Blower’s Act and the denial of his First Amendment right to Freedom of Speech. The City terminated O’Rourke’s employment at the conclusion of an !Internal Affairs Investigation into his conduct. The Court dismissed ¯O’Rourke’s compla=nt and granted him an additional time in which to file an amended complaint. This City is represented by Roberts & Reynolds (insurance counsel). City of Palm Beach Gardens Litigation Report February 11, 2002 Pa£1e 3 6.Charles Vawus v. City of Palm Beach Gardens, Joseph Russo, Mark Hendrickson, Roxanne Manning and Bobbie Herakovich Charles Vavrus filed an Amended Complaint seeking compensatory and punitive damages against the named in~lividuals for two purported constitutional violations: (1) denial of Equal Protection and (2) denial of Substantive Due Process. The Amended Complaint also seeks compensatory damages against the City for a violation of Equal Protection, as well as a declaration that the City’s Code is unconstitutionally vague and unenforceable. The City, its elected officials and employees are currently represented by Roberts & Reynolds (insurance counsel). Based on the most recent complaint, the Florida League will likely be appointing separate counsel to represent the named individuals. Roberts & Reynolds will continue to represent the City. 7. CSC Tanglewood v. City of Palm Beach Gardens CSC Tanglewood is appealing two orders entered by the Code Enforcement Special Master to the Circuit: Court Appellate Division. These orders assess fines for City Code violations relating to the Standard Housing Code and impose liens on the property. CSC Tanglewood filed a total of five appeals relating to code enforcement, and the City was successful in obtaining dismissals of the three of the appeals on various grounds. The City is represenied by Leonard Rubin of this office. If you should h~ave any questions about any of these matters, please do not hesitate to contact this office. P:\CPWin\HISTORY~0201,~ 11A\47D.EC(319.000) Please PrintS/ Name:~’~>~ COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: 3 ~) ¢:/ Subject: ~ YYI’~q ~ ~._ £; Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Please Print Name: Request to Address City Council Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Prin~/ Name: Address: City: 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. Please Print Name: Address: City: Subject: 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ,~’t~ ~ ~’~ ~ Address: City: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ~/~ Name:I’~-0 L L)~)t~" Address: ~’~7/"= V /)~~~ Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. J ,"- Z u I PPlGE 81 February 2 1,2002 c Ms. Carol Gold City Clerk Dear Ms. Gold: I I I d for this evening. It is respectfully requested that copies of the attached ocument be provided to the Mayor and Board Members for the City Council meeting Thank you George T. Webb, P.E. Palm Beach County Engineer 82/21/2882 15: 47 I. PAGE 83 D-at of ''BnginaC- and public Wrks P.O. Box 21229 wt Wm ~each. K 33416-1229 (561) 684-4000 \ww.a.palm.bcach.R.ue D Warren H. ~awall. chairman carol k ~obnrs. Wcc Chair Huen T- Muw mhkc=Y MkwnsCn 'by- ApdeLorssat .-- so- Wrrupn ., 8. i February 1,2002 Mr. aarle3 K. wu Growth Management Director City of Palm Beach oardens I I Palm Beach Gardens, FL 334101 10500 N. Military Trail I I RE: Dear Mr. Wu: PGA National Tdc C ntrol Agreement I P I .. . Palm Beach County ~mmissioner to the proposed closure. We object to the closure of thi public roadway based on our review of the PGA National DRI which clearly * &cam ht this is a public madway and is to be open to "the reaideats of PG National and surroundkg Communities." We believe that the closure woul not meet the requiremat of the DIU condition. Further, in the TratTic Control Agreement, as amended., in 2.a2 "Traffic will be allowed to pass though unint pted .....I' - this proposed restriction appears to Ifthe above objections cau b overcome, or ace to be overlooked, we have two by current and future residents that this road ovided at this location. We remain concerned will be heightad by the ability to deny ) The proposedthe ffame commences too starid usage at one location. we found 25 % of d during the 6:OO P.M. - 1O:OO P.M. the fhme, occurred between 1O:OO P.M. - 6:OO A.M. violate that conditioa other issues 8ssoc concerned about the would have a form o =cess to this ro c fkm and to the sunoundhg communities a copy of your January 7,2002, letter to following objection and co&ms relating i sed closure. 1) We have bistoricdy been about this petception v.. would be d ortened ~OWS of closure. Finally, there is an ongoink concern that current and future residents of PGA National are unaware of I the possibility that Ryder Cup could become a ~ i ,. I I Sincerely, George T. Webb, P.E. Palm Beach County Engineer i I cc: Karen T. Marcus, Barbara & Building 82/21/2882 15: 47 *a Deprrtmcnt of Englnaerhg and Public Work4 P.O. Box 21229 West Palm Beach. FL 33416-1 229 (561) 684-4000 www.co.palm-beach.fl.us Palm Beach County Bod of CoUnCy Commissionern Warren H. Newell. Chairman Carol A. Roberts. Vlce Chair Karen T. Marcus Mary McCarty Burr AarOnSon Tony Mullorti Addie L. Creene County Mmlnimtrabor Robert Weisman -An Equal Opportunfy 4#hnarfva Action Employe’ February 2 1,2002 MI. Charles K. Wu Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 DearMr. WU: County Staff was provided a the Property Owners a quick review of documents to an opinion by Mr. Gary Fields, attorney for this matter, and while we have done neither the time nor the necessary on the documentation provided, and it is still the opinion of the should prevent the City from Please consider this as a restate ent of the County’s opposition to tlie closing of Ryder Cup BoulevardJog Road ? for the reasons previously stated in my letter to you dated February 1,2002. as stated in my earlier letter meeting. would also request that the County’s objections read into the record at tonight‘s City Council Sincerely, n George T. Webb, P.E. Palm Beach County Engineel. cc: Carol Gold, City Clerk 5' L . I 0 3 Z Fa t A bl 4 0 I- ? I I I , I - 3 Z c 5 6 1 I I' ? V ---l c c.44 c.44 P 0 4 I .a 0 Cls L*r P 0 4 v> 0 C -I I: m r- m < > -I 0 z d 1- 3, I ....... 9 Bmm B.. L .... ..A wmwmmmm1 wmm.wmmi ........ ........ ........ 0 E. 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