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HomeMy WebLinkAboutAgenda Council Agenda 120105 City of Palm Beach Gardens Council Agenda December 1, 2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Levy Vice Mayor Jablin Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 1, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager Project Planning, Florida Dept. of Transportation. (Charles Wu) b. Department Presentation: GIS Website. (POC Melissa Prindiville) V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 7) Approve Minutes from the November 3, 2005 regular City Council meeting. b. (Staff Report on Page 12, Resolution on Page 14) Resolution 174, 2005 -- Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs, for Disaster Relief as a result of Hurricane Wilma; and providing an effective date. c. (Staff Report on Page 27) Approval of Change Order No.1 with Total Maintenance Building Services, Inc. for landscape maintenance services at various City Parks. IX. PUBLIC HEARINGS: Part I – Non-Quasi-judicial a. (Staff Report on Page 32, Ordinance on Page 42) Ordinance 33, 2005 – (2nd reading and adoption) Plat Process Code amendment to clarify for Development Order Review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review procedures for subdivisions and plats; amending Section 78-41, Code of Ordinances, entitled “Applicability of Article” and Section 78-43, Code of Ordinances, entitled “Review of Applications for Development Order Approval,” to provide clarification of the review procedures for subdivisions and plats; providing for codification; and providing an effective date. Part II – Quasi-judicial a. (Staff Report on Page 46, Ordinance on Page 129, Resolution on Page 133) Ordinance 34, 2005 – (2nd Reading and adoption) PGA Corporate Center (aka "Parcel 5A") - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate A1A to the East, and PGA Boulevard to the South, as more particularly described herein, from Research and Light Industrial Park (M1) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with an underlying zoning of Research and Light Industrial Park (M1), to be referred to as the “PGA Corporate Center PCD”; amending the zoning district map; and providing an effective date. Resolution 166, 2005 is a companion item to Ordinance 34, 2005 and will require Council action Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate A1A to the East, and PGA Boulevard to the South, as more particularly described herein, to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 154, Ordinance on Page 216, Resolution on Page 221) Ordinance 37, 2005 – (1st reading) The Pointe, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate-95. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, from a Professional Office (PO) zoning designation to a Planned Unit Development (PUD) overlay zoning designation with an underlying zoning of Professional Office (PO); amending the zoning district map; and providing an effective date. Resolution 175 is a companion item to Ordinance 37, 2005 and will require Council action at second reading. Resolution 175, 2005 -- The Pointe, approving the master development plan for the approximately 9.18-acre property located at the Northwest Corner of Military Trail and interstate-95. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 9.18-acre property located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, to allow the development of 150,000 square feet of Professional Office space and a five-level parking garage to be referred to as “the Pointe PUD”; providing for waivers; providing for conditions of approval; and providing an effective date. c. (Staff Report on Page 233, Ordinance on Page 301, Resolution on Page 306) Ordinance 32, 2005 – (2nd reading and adoption) Frenchman’s Yacht Club – Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, from a Planned Development Area (PDA) Zoning designation to a Planned Community District (PCD) zoning designation with an underlying zoning of Residential Medium (RM); amending the zoning district map; and providing an effective date. Resolution 152, 2005 is a companion item to Ordinance 32, 2005 and will require Council action. Resolution 152, 2005 - Frenchman’s Yacht Club – Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 14.54-acre property located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, to allow the development of 113 multifamily dwelling units and 9,990-square feet of ancillary office/retail space for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing for waivers; providing for conditions of approval; and providing an effective date. Resolution 162, 2005 is a companion item to Ordinance 32, 2005 and will require Council action. (Staff Report on Page 317, Resolution on Page 343) Resolution 162, 2005 - Frenchman’s Yacht Club – Expanding PCD boundaries. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order of the Frenchman’s Creek Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the master development plan to allow for the incorporation of a conversion matrix to permit the conversion of commercial to residential uses and vice versa; allowing the development of up to 120 additional residential units; modifying the boundaries of the DRI/PCD to incorporate a six-acre parcel adjacent to the subject DRI/PCD and located at the Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Frenchman’s Creek Property Owner’s Association, Inc., Frenchman’s Marina Resort, Ltd., and Avatar Properties, Inc.; and providing an effective date. d. (Staff Report on Page 349, Resolution on Page 351) Resolution 169, 2005 - Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing an effective date. e. (Staff Report on Page 356, Resolution on Page 373) Resolution 163, 2005 – Art in Public Places for Mirasol Town Square. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for Mirasol Town Square, which is within the Mirasol Planned Community Development (PCD) located on the Northwest corner of the intersection of PGA Boulevard and the Florida Turnpike, as more particularly described herein; providing for conditions of approval; and providing an effective date. X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING November 3, 2005 The November 3, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:04 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy, Councilmember Valeche, and Councilmember Barnett. Mayor Russo thanked staff for their work during Hurricane Wilma, thanked their families who they were away from, and all of the volunteers who came out to help. ITEMS CONTINUED FROM OCTOBER 6th MEETING: PUBLIC HEARINGS: Part I – Quasi-judicial: Mayor Russo announced the quasi-judicial procedures that would be followed at tonight’s hearings. The City Clerk swore in all those who intended to testify in any of tonight’s cases. Ordinance 18, 2005 - (2nd Reading and adoption) Approval of an amendment to the Christ Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of approximately 20 acres, located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, from Residential Low Density-3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning designation of Residential Low Density-3 (RL3), to be included in the Christ Fellowship North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned Unit Development (PUD) to transfer the site plan approval and related conditions to Resolution 83, 2005; amending the zoning district map; and providing an effective date. [Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require Council action.] Resolution 83, 2005 - Approval of a master development plan for the Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus Planned Unit Development (PUD), located on the North side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to incorporate an additional 20 acres and to allow the development of a 159,180-square-foot expansion to the North Campus; granting conditional use approval for the expanded Christ Fellowship Campus; amending certain conditions of approval for the North Campus; providing for waivers; providing for conditions of approval; and providing an effective date. Ordinance 19, 2005 – (2nd Reading and adoption) Approval of an amendment to the Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990, Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship South Campus to transfer the conditional use approval and related conditions to Resolution 84, 2005; and providing an effective date. [Resolution 84, 2005 is a companion item to Ordinance 19, 2005 and will require Council action.] Resolution 84, 2005 - Approval of an amendment to the Site Plan approval for the Christ Fellowship South Campus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05 2 amendment to the Christ Fellowship South Campus conditional use and site plan approval, located on the South side of Northlake Boulevard approximately one mile West of Military Trail, as more particularly described herein, to amend certain conditions of approval; and providing an effective date. The City Clerk read Ordinance 18, 2005 on second reading by title only and Resolution 83, 2005 by title. The City Clerk also read Ordinance 19, 2005 on second reading by title only and Resolution 84, 2005 by title. Mayor Russo declared the public hearing open and called for ex-parte communications since the last meeting. Councilmember Barnett disclosed she had spoken to Doug Rudy and Joan Altwater. Councilmember Levy disclosed he had met with the Northlake Coalition, attended by Don Paulus, Keith Paulus, Joan Elias, Joan Altwater, John Altwater, Skyler Metlis, Metolo Lanier and her husband, one other person, Doug Rudy and Don Hearing. Councilmember Valeche reported he had had a couple of conversations with Doug Rudy. Vice Mayor Jablin disclosed a conversation with Doug Rudy about the hurricane and speaking with Skyler Metlis. Mayor Russo reported he had spoken to Doug Rudy, possibly Don Hearing, Pastor Mullins, had met with the Northlake Coalition and most of the people previously named were present, and he also had met with BallenIsles residents—Roma Joseph and Jake, and others. Vice Mayor Jablin stated as a point of order that Mayor Russo had opened the public hearing; however, the hearing had been open and remained open and had been continued. Mayor Russo responded the hearing had to be re-opened. Donaldson Hearing, representing Christ Fellowship, requested a one-week postponement and asked Council to consider a special meeting next Thursday night so that they could continue their discussions with the Northlake Coalition. Mr. Hearing reported they had met a couple of times and had had very good discussions, and promised to work as hard as they could to come to an agreement. They had lost a week because of the hurricane. Mayor Russo requested they work hard on this. Keith Paulus, 10100 Hunt Club Lane, spoke on behalf of the Northlake Coalition, and asked for a month. Discussion ensued. Vice Mayor Jablin made a motion to continue the public hearing for Ordinance 18, 2005, Resolution 83, 2005, Ordinance 19, 2005, and Resolution 84, 2005 to a date certain of November 17, 2005 to be the first item on the agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ADDITIONS, DELETIONS, MODIFICATIONS: Vice Mayor Jablin made a motion to add Resolution 131, 2005 to the agenda. Motion was seconded by Councilmember Levy and carried by unanimous 5-0 vote. ITEMS OF RESIDENT INTEREST: Councilmember Barnett advised she was very, very proud to be a Palm Beach Gardens resident during Hurricane Wilma and thanked everyone for their work during the storm. Councilmember Levy reported a Nobel Laureate had joined the faculty at Florida State University, winner of the Nobel Prize, Sir Harold Croto from Oxford, and there were other impressive things going on in Florida. Councilmember Valeche reported the residents with the Lake Park zip code within the city were paying higher insurance rates, and he had spoken to Tom Gallagher who assured he would personally look into the problem. Vice Mayor Jablin reported Joel Channing had mentioned a Russian Grand Chess Champion might want to come live in the City, and asked the Mayor to write a letter inviting him here. The Vice Mayor also reported he had met with Frenchman’s Creek External Affairs committee regarding buried power lines, and although the City supported it they really could not do it. Vice Mayor Jablin reported the City was picking up debris from gated communities and working on getting FEMA reimbursement. Mayor Russo reported Senator Martinez’s bill on this for this year had passed; Congressman Shaw had sent a letter to FEMA, and FEMA had CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05 3 agreed to come to the City to discuss this matter. The Mayor expressed his opinion that debris removal and burying power lines were going to be big media issues. The Mayor reported the County wanted to meet to discuss how the City had been able to handle hurricane supplies on their own without help from other agencies. CITY MANAGER REPORT: Department Presentations: Civil Engineer – Canal Improvements – City Engineer, Todd Engel provided a presentation, including the history of this program, and reported completion was expected in 3-1/2 to 4 years from when it was started; the project was now in year two. The City Manager reported on the amount of debris that had been picked up to date and announced there was a current debris removal map on the City’s website, which would be updated at least every other day. COMMENTS FROM THE PUBLIC: Tom DeRita, 5770 Whirl Away Road, reported the Big Heart Brigade would provide 50,000 meals this year for Thanksgiving, and would deliver 5,000 meals to Mississippi and the Gulf Coast. This year on November 16 from 5:30 to 9:30 the Taste of the Palm Beaches would be held, with 21 chefs participating. The $25 fee would go to Big Heart Brigade. Carolyn Chaplik, The Isles HOA President, thanked City staff for debris pickup from the hurricane. Joan Elias, 1009 Diamond Head Way, thanked City staff for their wonderful work in cleaning up the City. Pat Hughey, Palm Beach Square, also thanked City Staff for their work during the hurricane and for the cleanup. Ms. Hughey expressed a desire to find another place for children to play other than in the streets. Ms. Hughey reported she had a new neighbor from Hungary and was looking for someone who spoke Hungarian to communicate with the family. Amir Kanel, Man-O-War Road, President of the Steeplechase HOA, thanked the City for the debris pickup. Marilyn Jacobs, 16 Bermuda Lake Drive, expressed pleasure for the quick cleanup, and in her position as Supervisor of the Northern Palm Beach County Improvement District expressed appreciation for the coordination between the City and the District. Ms. Jacobs as a former member of the Blue Ribbon Committee thanked the western communities for paying taxes for improvements within the inner city. Vice Mayor Jablin thanked Marilyn Jacobs and her husband for putting up his family during the hurricane and to Joan Elias for putting him up. CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the Consent Agenda. Councilmember Valeche expressed appreciation to Ed Gruvman for his business practices and community spirit. Councilmember Levy reported Mr. Gruvman was very active in the schools and in Kiwanis. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. a. Approve Minutes from the September 29, 2005 regular City Council meeting. b. Approve Minutes from the October 6, 2005 regular City Council meeting. c. Resolution 165, 2005 - Nutrition S’Mart – Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a fourth special event permit for Nutrition S’Mart, located on the Northeast corner of the Intersection of Keating Drive and Northlake Boulevard, as more particularly described herein; and providing an effective date. d. Proclamation – National GIS Day e. Proclamation – World Planning Day CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05 4 RESOLUTIONS: Resolution 113, 2005 - Agreement for Professional Engineering and Surveying Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for Professional Engineering Services between the City of Palm Beach Gardens and LBFH, Inc.; approving work authorization CS-0001 for City Engineer Services for FY 05-06; and providing an effective Date. City Engineer Dan Clark provided a presentation, and requested a 3-year agreement to keep rates lower. Vice Mayor Jablin moved approval of Resolution 113, 2005. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 131, 2005 - Declaring certain items of public property as surplus property. A Resolution of the City Council of the City of Palm Beach Gardens, Florida declaring certain items of public property as surplus property; authorizing the donation of such surplus property to other governmental entities impacted by Hurricane Katrina; alternatively authorizing sale by auction; providing an effective date. Vice Mayor Jablin moved approval of Resolution 131, 2005. Councilmember Levy seconded the motion. Councilmember Barnett expressed concern whether the City could afford to give away $50,000, and reported she had been concerned that key personnel might have been gone during the hurricane; the City Manager indicated the team’s assessment would be reported. Councilmember Levy and the Vice Mayor expressed full support to provide this help to others less fortunate. Motion carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Charter Review Committee - Councilmember Barnett reported she had re-evaluated her position and felt it was fine to move forward with the 17 current applicants, and asked if the members had ever been picked by district as the County had done. Discussion ensued regarding picking the members. Consensus was that each Councilmember would assign each applicant a number from one to seven, and the seven applicants with the highest scores would become the committee members. This item was delayed to the next meeting. Discussion of Ordinance 17, 2004 relating to Boards and Committees, Council Liaisons, Appointments and Re-appointments – Consensus was to add council liaisons back for all boards except Planning Zoning & Appeals, and remove the language that staff would make the board member recommendations. Mayor Russo requested to go back to the procedure of Councilmembers coming in and going over the agenda with staff before each council meeting. Changes to the ordinance and the role of liaisons were clarified for the City Attorney. Councilmember Barnett suggested adding a Transportation Committee. Mr. Wu advised there was $30,000 in the budget for a transit study and recommended proceeding with that study before adding a committee. Other recommendations were to get a trolley system going for PGA Boulevard and possibly Northlake Boulevard, to partner with the business community for possible help with funding, and that members of the Transportation committee be from the business community. Mayor Russo expressed his opinion that in addition to Council liaisons, whose role would be to observe and communicate, each board and committee should also have a staff member assigned, usually a department head. The City Attorney indicated she would draft an ordinance for Council consideration. ADDITIONAL ITEM: Vice Mayor Jablin asked if the City should express its concern that a Tri Rail station would be delayed to 2015. Mayor Russo expressed his opinion that the City should support Commissioner Marcus, who was spearheading this matter. Discussion CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05 5 ensued. Mayor Russo indicated he would speak to Commissioner Marcus and ask how the City could be proactive. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:20 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ____________________________________ COUNCILMEMBER BARNETT ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 1 1 /I 4/05 Meeting Date: 12/1/05 Resolution: 174, 2005 SubjectlAgenda Item: Approving the Disaster Relief Funding Agreement with the State of Florida , Department of Community Affairs and authorizing the City Manager or his designee to execute said Agreement and any other documents relating to such Agreement. [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: i City Attorney Finance Director Allan Owens Department Director Originating Dept.: Financ a Advertised: Date: Paper: [ x ] Not Required Affected parties wied [ x 1 Not required Costs: $ nla (Total) $ nla Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 174, 2005 Disaster Relief Funding Agreement for Hurricane Wilma FEMA-1609-DR-FL [ ]None Date Prepared: 1 1 /I 4/05 Meeting Date: 12/1/05 Resolution 174,2005 BACKGROUND: Hurricane Wilma beginning October 21, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the United States on October 24, 2005, declared Major Disaster No. FEMA-1609-DR-FL in multiple counties in the State of Florida. As a result, The Public Assistance Program was made available to eligible applicants. This funding agreement will provide funds for eligible disaster relief activities described in approved Project Worksheets. Additionally, Resolution 174, 2005 authorizes the City Manager or his designee as the authorized agent. The authorized agent (also referred to as the Primary Agent) is the person responsible for signing all official documentation ( request for payment, time extension request, certification of Project Listings, etc.) and ensures documentation is available for final inspection and audit. STAFF RECOMMENDATION: Approval of Resolution 174,2005 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 14,2005 RESOLUTION 174,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR DISASTER RELIEF AS A RESULT OF HURRICANE WILMA AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning October 21, 2005, Hurricane Wilma had a devastating impact on the State of Florida, resulting in a proclamation of emergency by the Governor; and thereafter, the President of the United States declared multiple Florida counties a major disaster; and WHEREAS, the Public Assistance Program is being made available to eligible applicants in the declared disaster counties; and WHEREAS, the City of Palm Beach Gardens is eligible to receive such funds; and WHEREAS, the Disaster Relief Funding Agreement has been prepared and is attached hereto; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs, for disaster relief funding and hereby authorizes the City Manager to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: November 14,2005 Resolution 174,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT G:\attomey-share\RESOLUTlONS\disaster relief funding agrnt-WILMA - reso 174 2005.doc 2 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06-??-??-I 0-60-00-651 CFDA No. 97.036 Subgrantee: Palm Beach Gardens, City of FIPS No. 099-54075-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the “Grantee” and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the “Subgrantee”). This Agreement is based on the existence of the following facts and conditions: A. impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the United States on October 24,2005, declared Emergency No. FEMA- 1609-DR-FL in Brevard, Broward, Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, Sarasota and St. Lucie counties in the State of Florida. Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, WHEREAS, Hurricane Wilma the event beginning October 21, 2005, and thereafter, had a devastating B. WHEREAS, the FEMA-State Agreement dated November 1,2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, E. necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100- 707; 44 Code of Federal Regulations Part 206.35; and applicable policies of the Federal Emergency Management Agency. “Eligible activities” are those activities authorized in the FEMA-State Agreement, and in the Robert T. 1 B. "FEMA-State Agreement" is the agreement dated November 1,2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1609-DR-FL. ARTICLE 11. ADDlicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE 111. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding? the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold ARTICLE IV. DuDlication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its ARTICLE V. ComDliance with Environmental, Planninp and Permittinp Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a 2 manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Rewired Documentation, Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. this declaration is $55,500), which can be found at www.floridapa.org Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for 1. Request for Reimbursement 2. 3. 4. 5. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; A request for final inspection; A signed Project Completion and Certification Report upon the completion of all projects; and The Project Completion and Certification Report specified by Paragraph B of this Article. B. was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work C. Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large ARTICLE VII. Cost Sharinp. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large 1. 2. A Request for Reimbursement found at www.floridapa.org A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at 3 www.floridapa.org:; and, A letter or notification certifying that the reported costs were incurred in the performance of eligible work. 3. C. Subgrantee meets the following conditions: Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if 1. 2. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; Subgrantee shall submit to Grantee the budget supporting the request; 3. 4. 5. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. Forms which is also available at www.floridapa.org; and, D.Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VI11 of this Agreement; C. D. or Grantee shall have performed a final inspection; and, In the case of Large Projects, the Grantee shall have performed the final inspection; In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. Governments,” as codified in 44 Code of Federal Regulations Part 13, as amended; The “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local B. Governments,” as amended; Office of Management and Budget Circular No. A-87, “Cost Principles for State and Local C. Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,” as amended; and Office of Management and Budget Circular No. A-1 10, “Uniform Administrative Requirements for D. Office of Management and Budget Circular No. A-1 22, “Cost Principles for Non-Profit Organizations,” 4 as amended. E. the occurrence of the following events, whichever is the later: Subgrantee will maintain all documentation concerning the projects funded under this Agreement until 1. 2. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, The expiration of five (5) years from the date of disaster closeout under this Agreement. F. and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:OO a.m. and 5:OO p.m. on weekdays other than official holidays. Subgrantee shall make all documentation concerning the projects funded under this Agreement available ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; The standards established by the American Institute of Certified Public Accountants; The requirements of $ 11.42, Florida Statute, and the Rules of the Auditor General; The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. $$7501- 7507, to the extent here applicable; and, Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. 2. 3. 4. 5. B. Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. except where Grantee and Subgrantee have mutually agreed upon another date. D. Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. costs identified in an audit after such closeout. The audit shall be identified by the serial contract identification number for this Agreement. If the The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this 5 Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days afier the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: 768.28(5), Florida Statute, the Subgrantee shall be A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or 6 agent of the other, but that each one stands as an independent contractor in relation to the other. B. immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal C. are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites ARTICLE XX. ReDorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida Statute, and the disbursement to Grantee of federal funding in accordance with 8 252.37(4), Florida Statute B. proper pre-audit and post-audit. C. subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. G. accordance with Section 112.061, Florida Statute Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in 7 H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: ineligible, or voluntarily excluded from covered transactions by a federal department or agency; had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and public transactions (federal, state or local) terminated for cause or default. Subgrantee shall attach an explanation to this Agreement. completed “Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion” for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. 1. are not presently debarred, suspended, proposed for debarment, declared 2. have not, within a five-year period preceding this proposal been convicted of or 3. are not presently indicted or otherwise criminally or civilly charged by a 4. have not within a five-year period preceding this Agreement had one or more Where the Subgrantee is unable to certify to any of the statements in this certification, such In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 8 N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. If any funds other than Federal appropriated funds have been paid or will be paid ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default, Remedies, and Termination. A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement ; Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. 2. 3. 4. B. writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of 9 Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (1 5) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; Commence a legal action for the judicial enforcement of this Agreement; Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, Take any other remedial actions that may otherwise be available under law. 2. 3. 4. C. performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- D. addressed in accordance with the regulations of that Agency. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be E. all funds disbursed to Subgrantee under this Agreement. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee F. or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or 10 Subgrantee: Disaster #: 1609 ARTICLE XXIV. Attachments. A. fully in the text of the Agreement itself. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out B. the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: Ron Ferris ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Allan Owens as its primary agent, and designates for Advance or Reimbursement, certification, or other necessary documentation. MY A~&?rson-Pickle as its alternate agent, to execute any Request IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: FOR THE SUBGRANTEE: Ron Ferris (Printed Name) W. Craig Fugate, Director Division of Emergency Management (Signed Name) City Manaqer (Title) (Date) Public Assistance Roeram (Date) Federal Employer Identification Number (FEIN) 59-6045863 11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November IO, 2005 Meeting Date: December 1, 2005 SubjecUAgenda Item: Consider approval of Change Order No. 1 with Total Maintenance Building Services, Inc. for landscape maintenance services at various City parks. [XI Recommendation to APPROVE r 1 Recommendation to DENY Reviewed by: City Attorney 1 cr6 Finance A istrator &- Administrator Department Director \\e\-%-- 0% A)* City Originating Dept.: Angela Wong P Operations Manager Advertised: NIA Date: Paper: [XI Not Required Affected parties [XNotified [ ] Not required Costs: $97505.00 (Total) $97,505.00 Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: 001.2080.519.3400 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: 0 Change Order No. 1 with Total Maintenance [ ]None Date Prepared: November IO, 2005 Meeting Date: December 1, 2005 BACKGROUND: The proposed Change Order No.1 to the City’s existing annual mowing contract with Total Maintenance Building Services, Inc. is necessary to compensate the Parks Division for the transfer of two personnel to the Grounds Maintenance Division for irrigation services. Assignment of these services will complete additional common grounds mowing at several sites including Mirasol Park, City Park, Lilac Park and Plant Drive Park. The use of contractual labor for mowing common grounds has been an integral part of parks and public works budgets for the past five years. It has made it possible to slow staffing levels while expanding sites and facilities. The Grounds operation has experienced an extraordinary increase of vital irrigation to the substantial investment the City of Palm Beach Gardens has made in landscaping and beautification projects throughout our community. This includes an expansion from maintaining 22 areas and 270 valves in 2003 to nearly 50 areas and 700 valves in 2006. This has all been maintained by their present three man crew. Two other options were evaluated before the selection to use in-house staff: outsourcing for irrigation services only, and outsourcing for irrigation and mowing services. After careful consideration, it was decided that in-house staff would provide the necessary immediate response. Although outsourcing mowing services was deemed viable and available, outsourcing irrigation services was neither. The following is a comparison of common grounds mowing contract costs and staff hours: Proposed Sites Mirasol Park City Park Tennis Entry Plant Drive Lilac Park Dog Run Total Staff Sq. ft. 2 307,000 1 21,000 2 42,000 2 169,000 2 171,000 1 15,576 725,576 Perlmows Total Hrs. 10 hrs. 1100 2.75 150 2.75 300 8 880 8 880 1 55 3,365 Mowing Contract $42,890 2,338 4,620 23,657 23,875 1,713 $97,505 The estimated annual in-house overhead at 3,365 hours represents approximately $1 25,000 per year. Total staff hours are based on a parks standard of 55 cuts annually. Total Maintenances’ services related to the proposed change order exceeds services provided in-house for two personnel working 80 hours per week. The existing mowing contract is based on quoted prices between $0.1 1 and $0.14 per square foot. It includes basic mowing, edging, blowing, trimming and chemical applications as well as the materials, supplies and equipment necessary for proper upkeep of these facilities. It is important to note that the above contractual mowing does not preclude the need for city staff to complete all necessary maintenance tasks, inspections and repairs at the above listed sites involving athletic fields, sports courts, restrooms, playgrounds, parking areas, trails and any additional buildings. STAFF RECOMMENDATION: Approve Change Order No. 1 with Total Maintenance Building Services, Inc. for landscape maintenance services at various City parks in the amount of $97,505.00. City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE CHANGE ORDER NO. One (1) RFP June 2002 DATE: October 24.2005 4 1 1,640.92 CONTRACT TITLE: LandscaDe Maintenance Services TO CONTRACTOR: Total Maintenance Building Services, Inc. ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACTED AMOUNT INCLUDING THIS YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 97 ,SO 5.40 509,146.32 JUSTIFICATION: Addition of certain Dublic areas due to personnel transfers for FY 2005-2006 (see attached DroDosal). CHANGE ORDER Percent Increase This Change Order Total Percent Increase To Date Extension Of Contract Time Allowed By This Change SUMMARY OF CONTRACT AM-OUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORIGINAL CONTRACT AMOUNT I I 41 1,640.92 0.00 23.69% 23.69% 0 Calendar Days IP- CONTMTOR ARCHITECT~NG I NEER (sign &deal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Community Services DeDartment 00 1 -2080-5 1 9.3 1 50 DEPARTMENT ACCOUNT NUMBER GA@tw , LORIDA RECOMMEND: da CITY MANAG ATTEST: CITY CLERK City of Palm Beach Gardens CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One 11) RFP June 2002 DATE: October 24,2005 CONTRACT TITLE: Landscaw Maintenance Services TO CONTRACTOR: Total Maintenance Building Services, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Addition of certain public areas due to personnel transfers for FY 2005-2006 bee attached DroDosal). SUMMARY OF CONTRACT AMOUNT CERTIFIEDSTATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefd of competitive bidding. - AI fA ARCHITECT~ENGINEER TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Communitv Services DeDartment 001 -2080-5 19.31 50 DEPARTMENT ACCOUNT NUMBER RECOMMEND. ATTEST: CITY CLERK Total Maintenance Building Services, Inc. 10357 Ironwood Rd. PO Box 31962 Palm Beach Gardens, FL 33420 Phone 561 -844-2744 Fax 561-624-4760 E-mail TMBS@Gate.Net October 20,2005 Mr. Mike Kelly Parks Department, City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, I33410 RE: Additions to annual contract Dear Mr. Kelly, Please accept the following as our proposal to maintain the following areas. Mirisol Park Commons 306359 @ $.14 $42,890.00 Plant Dr & Skate Park $23,657 .OO Lilac Park Commons 170537 @ $. 14 $23,875.00 City Park 21256 @$.11 $ 2,338.00 168979 @ $. 14 Tennis Entry ROW 42000 @$.11 $ 4,620.00 Dog Run 1140 @$.11 125.40 Total Annual $97,505.00 These measurements provided by the City of Palm Beach Gardens Florida. The prices are consistent with the existing contract. Respectfully Ed Galbraith, President Total Maintenance Building Services, Inc. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 18,2005 Meeting Date: December 1,2005 Ordinance 33,2005 SubjecdAgenda Item: Ordinance 33, 2005: Development Order Review Process for Subdivisions and Plats. Amendments to the Land Development Regulations Clarifying Public Hearing and Second Reading: A City-initiated request to amend the Palm Beach Gardens Land Development Regulations to clarify development order review process for subdivisions and plats. The purpose is to make the Section 78-43 be consistent with Section 78-423 and Section 78-444 of Chapter 78 by specifying that the City Council is the final decision making authority for approval of both subdivisions and plats. [XI Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: Tala1 M. Benothman Planning Manager City Attorney Christine Tatum Development Compliance NIA Bahareh Keshavarz-Wolfs, AICP Charles K. Wu, AICP Priginating Dept.: Growth Management: Manager Joyce C. + Cai Project Principal Planner Action: [ ] Quasi-judicial [XI Legislative [XI Public Hearing Advertised: [XI Required [ ] Not Required P B Post: 11/16/2005 Affected Parties: [ ] Notified [XI Not Required FINANCE:N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Otherx Budget Acct.#: N/A City Council Action: [ ] Approved [ ] App. w/ conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ 3 Rec. Denial [ 3 Continued to:- Attachments: rn Sec. 78-43 of Division 1 of Article 111 Ordinance 33,2005 Date Prepared: November 18,2005 Meeting Date: December I, 2005 Ordinance 33,2005 Page 2 of 3 EXECUTIVE SUMMARY The proposed code amendment is to revise Sections 78-41 and 78-43 of Division 1 in order to be consistent with Sections 78-423 and 78-444 of Division 10 of Chapter 78. The main purpose is to clarify development order review procedure for both subdivisions and plats. Staff recommends approval of the proposed amendment. BACKGROUND There is a conflict between Section 78-43 of Division 1 of Article I11 and Sections 78-423 and 78-444 of Division 10 of Article V regarding City Council’s role in plat and subdivision review and approval process. Table 1: Development Order Review of Section 78-43 of Article I11 specifies the City Council’s role as an advisory review for both plats and subdivisions. However, Sections 78-423 and 78-444 of Article V identify the City Council as the final decision making authority for both plats and subdivisions. In addition, Table 1 in Section 78-43 reflects that both Development Review Committee (DRC) and Planning, Zoning and Appeals Board (PZAB) review plats, which is inconsistent with the plat review process and approval specified in Division 10 of Chapter 78. The proposed amendment resolves this inconsistency by specifying that the City Council is the ultimate decision making body in both instances. Section 78-41(g) is also amended to exclude the subdivisions and plats from the “Miscellaneous development order applications” under “Applicability of article”. This is to move subdivisions and plats and amendment to be governed by the provisions of Division 10 of Chapter 78. PURPOSE OF PROPOSED AMENDMENT The purpose of the proposed amendment is twofold: 1) to clarify development order review process for plats and subdivisions; 2) to continue streamline and maintain efficiency for plat review by following the current process as specified in Division 10 of Chapter 78. PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION At its October 11, 2005 meeting, the Planning, Zoning and Appeals Board held a public hearing to review the subject petition and voted 7-0 to recommend approval of the subject petition to the City Council. PREVIOUS CITY COUNCIL ACTION On November 17, 2005, the City Council voted 5-0 to approve Ordinance 33, 2005 on first reading with no changes. STAFF RECOMMENDATION The proposed amendment will provide clarification of development order review procedures for Date Prepared: November 18,2005 Meeting Date: December 1,2005 Ordinance 33,2005 Page 3 of 3 both subdivisions and plats; therefore, staff is recommending approval of Petition LDR-05-09 and Ordinance 33,2005. LAND DEVELOPMENT 0 78-43 ARTICLE 111. DEVELOPMENT REVIEW PROCEDURES DIVISION 1. DEVELOPMENT REVIEW PROCESS Sec. 78-41, Applicability of article. The provisions of this article shall apply to all development order applications, including the following: Standard rezoning, planned community district (PCD), planned unit development (PUD) including mixed use development (-1, planned development area, and overlay district rezoning; Site plan review; Land development regulations text amendment; Conditional use; Variance; Amendments to approved development orders; Miscellaneous development order applications; and Expiration of development approvals and time extensions. i .. i .; (Ord. No. 17-2000, 8 18, 7-20-00) Sec. 78-42, Conarreney required. All development order applications, except for an application for development approval for a development of regional impact, shall comply with the requirements of the concurrency management system established herein. An application for development order approval shall not be accepted by the growth management department for processing unless accompanied by an approved concurrency certificate or an application to obtain a concurrency certificate. An application for development approval, if accompanied by an application to obtain a concur- rency certificate, shall not be certified by the development review committee until concurrency is established. (Ord. No. 17-2000, 0 19, 7-20-00; Ord. No. 29-2004, 0 2, 8-19-04) Sec. 78-43. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in ltible 1 and comply with all requirements of this chapter. (1) Development review schedule. Review of all applications for development order approval shall be consistent with the requirements of Table 2. (2) Public hearings and workshops. All applications for development orders to consider rezonings, conditional uses, development order amendments, and land development regulations text amendments shall be subject to an advertised public hearing by the , i' Supp. No. 16 CD78:17 8 78-43 PALM BEACH GARDENS CODE planning, zoning and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning and appeals board or city council. Joint workshops. The city manager may schedule a joint planning, zoning, and appeals boardcity council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction from both bodies. (3) (b) Planning, zoning and appeals board workshops and public hearings. (1) Workshops. The planning, zoning and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop meetings. Table 1: Development Order Review Notes: A=Advisory Review DRC=Development Review Committee Blank=Not Applicable DO=Development Order C=Completeness Review J=Technical Review CC=City Council D=Discretionary per Growth Management Director 0 =Decision Making Authority PZAB=Planning, Zoning and Appeals Board Development Order Application IStufplRCI PZAB I cc I 1 I I Supp. No. 16 CD78:18 3 Q LAND DEVELOPMENT 4 78-43 Development Order Appl ica t w n (Stuff[DRC( PZAB I CC lCIJl lAIAl ID0 Change, Non-Administrative I 1 I I I DO Change, Administrative Ic/O 1 a e Supp. No. 16 CD78:19 8 78-43 PALM BEACH GARDENS CODE .. t Supp. No. 16 CD78:20 LAND DEVELOPMENT 6 78-43 (2) Request for additional information. When an application is considered by the planning, zoning, and appeals board at a workshop or public hearing, additional information regarding the application may be requested. a. The requested information shall be submitted by 12:OO noon at least ten working days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting. When the additional information requires the review of any development review committee member, the information shall be submitted by 12:OO noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board meeting. At the meeting when the additional information is requested, the response period may be reduced to ten working days, excluding holidays,. by the growth management director. b, (3) Public hearing. After completion of a workshop to consider an application, the growth management department staff shall schedule a public hearing or public meeting to consider the application. Public notice shall be provided as required in section 78-54. (c) Record of proceedings. The planning, zoning, and appeals board shall conduct a public hearing and shall prepare a record of the proceedings on each development order application. Thqrecord shall be filed in the growth management department and shall be a public record. (d) Dansmission of recommendation to city council. For each development order applica- tion, the planning, zoning, and appeals board shall act as indicated below. C' (1) Recommendations. Adopt a recommendation to approve, deny, or approve the devel- opment order application with conditions. The recommendation shall be transmitted to the city council. Approval. Approve, deny, or approve with conditions those development order appli- cations subject to their jurisdiction. (2) (e) City council consideration. (1) Workshop meeting or first reading. After receipt of a recommendation from the planning, zoning and appeals board, the city council shall schedule first reading. At such meeting, the city council shall consider the comments and recommendations from the planning, zoning, and appeals board, the growth management department staff, and the development review committee staff, as applicable. An application for development approval may be considered at one or more workshop meetings or regular meetings. Request for additional information. When an application has been considered by the city council at a workshop or public hearing, additional information regarding the application may be requested. (2) a. The requested information shall be submitted by 12:OO noon at least 19 working days, excluding holidays, prior to the next scheduled city council meeting. Supp. No. 16 CD78:21 4 78-43 PALM BEACH GARDENS CODE b. When the additional information requires the review of any development review committee member, the information shall be submitted by 12:OO noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional information is requested, the response period may be reduced by the city manager. (3) City council decisions. Following the required public hearing or hearings, the city council shall approve, deny, or approve with conditions all applications for develop- ment order apprwal. For decisions adopted by ordinance, the 'decision shall be consistent with the requirements of F.S. Chapter 166. For any other action, the decision shall be adopted in resolution form, or such form as may be prescribed by the city council. The ordinances and resolutions adopted hereunder shall indicate the following: a. The city council decision; b. c. The reasons supporting the decision; A statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing; All conditions of approval included within the decision; and Specific reference to all documents, including but not limited to the name of preparer, title of the document, date of preparation, all studies, master plans, site plans, landscape plans, architectural elevations, and similar materials which are the basis of or are to be implemented as part of the development order approval. d. e. (4) Reconsideration. a. b. Rezoning. Any parcel, or substantially the same parcel, subject of a rezoning application, including a standard rezoning, rezoning to a planned development district, rezoning to planned community district or planned unit development, rezoning to planned development area, or overlay rezoning, which has been denied by the city council shall not be eligible for reconsideration again by the planning, zoning, and appeals board or the city council for a rezoning to the same classification for one year from the date such application was denied by the city council. Other development orders. Any parcel, or substantially the same parcel, subject of an application for development order approval, including any form of condi- tional use, major or minor site plan review, or development order amendment, which has been denied by the city council or planning, zoning, and appeals board, shall not be eligible for reconsideration by either body for six months from the date the application was denied. (0 Notice ofpublic hearings. After completion of planning, zoning, and appeals board or city council workshop or workshops to consider an application, the growth management depart- ment staff shall schedule the required public hearings to consider the application. Public notice shall be provided as required in section 78-54. Supp. No. 16 CD78:22 LAND DEVELOPMENT 0 78-44 (g) Preliminary review of large scale developments. In order to provide preliminary comments regarding potential applications for large scale development prior to the formal development review process, the city council may consider such projects at one or more workshop meetings. The workshop meetings shall be utilized by the city council to provide non-binding comments to an applicant as a means to reduce the amount of resources expended in preparation of plans and formal applications for the city's development review process. Preliminary review meetings are to be scheduled at the request of an applicant, and shall be at the risk of an applicant. Requests for preliminary review shall be based upon the requirements provided herein. (1) Minimum threehold. The potential application must be of a size that is at or above 80 percent of the numerical thresholds for a development of regional impact, as specified in F.S. Chapter 380. A potential application must be presented in a conceptual or preliminary design phase. Request for review. A request for preliminary review shall comply with the standards listed below. a. (2) The request for preliminary review shall be submitted to the growth management department in writing. The request for preliminary review shall be accompanied by such fees as approved by the city council. A request for preliminary review shall include a pre-application conference, prior to any city council workshop. b. c. (3) Staff analysis. Staff analysis of a request for preliminary review shall be limited to a summary of the application. The analysis shall not include any determination of consistency with the comprehensive plan, land development regulations, or concur- rency requirements. The preliminary report also shall not include any proposed recommendations or conditions of approval. Workshop meetings. One or more workshop meetings to conduct a preliminary review shall be scheduled with approval of the city council. (4) (h) Liens and fines. A development order application of any type shall not be scheduled for consideration at a preliminary review, workshop, regular meeting, special meeting, or public hearing of the planning, zoning, and appeals board or city council unless all liens or fines owed to the city for the subject property have been paid. (Ord. No. 17-2000,O 20,7-20-00; Ord. No. 17-2004,O 5,6-3-04; Ord. No. 29-2004, 6 3, 8-19-04) Sec. 78-44. Concurrent processing. (a) Concurrent processing. The city may accept or process a applications for concurrent approvals of a development order with a comprehensive plan amendment (CPA), a develop- ment of regional impact (DRI), a planned community overlay district (PCD), a planned unit development overlay district (PUD), or an amendment to any of the foregoing. Supp. No. 16 CD78:23 Date Prepared: September 26,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 33,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO REVIEW PROCEDURES FOR SUBDIVISIONS AND PLATS; AMENDING SECTION 78-41, CODE OF ORDINANCES, ENTITLED “APPLICABILITY OF ARTICLE” AND SECTION 78-43, CODE OF ORDINANCES, ENTITLED “REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDER APPROVAL,” TO PROVIDE CLARIFICATION OF THE REVIEW PROCEDURES FOR SUBDIVISIONS AND PLATS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is the final decision-making authority for review of applications for both plat@) and subdivision(s) in Section 78-423 and Section 78-444 of Division IO, Article V of the City’s Land Development Regulations; and WHEREAS, Table 1 of Section 78-43 of the City’s Land Development Regulations is inconsistent with Section 78-423 and Section 78-444 in that it provides for plat review by the Development Review Committee and the Planning, Zoning, and Appeals Board of the City, and provides only for advisory review of plats and subdivisions by the City Council; and WHEREAS, Staff recommends that Sections 78-41 and 78-43 of Division 1 of Article Ill be amended to be consistent with Section 78-423 and Section 78-444 of Division IO, Article V of the City’s Land Development Regulations; and WHEREAS, this Land Development Regulations amendment was reviewed by the Planning, Zoning, and Appeals Board at a duly noticed public hearing on October 11,2005, and the Board recommended approval by a vote of 7 to 0; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Division 1, “Development Review Process of Article Ill, “Development Review Procedures” of Chapter 78, “Land Development,” of the City’s Code of Ordinances is hereby amended to read as follows: Date Prepared: September 26,2005 Ordinance 33, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ARTICLE Ill. DEVELOPMENT REVIEW PROCEDURES DIVISION 1. DEVELOPMENT REVIEW PROCESS ... Sec. 78-41. Applicability of article. The provisions of this article shall apply to all development order applications, including the following: (a) Standard rezoning, planned community district (PCD), planned unit development (PUD) including mixed-use development (MXD), planned development area, and overlay district rezoning; (b) Site plan review; (c) Land development regulations text amendment; (d) Conditions use; (e) Variance; (f) Amendments to approved development orders; (9) Miscellaneous development order applications, except that subdivisions and plats and amendments thereto shall be governed bv the provisions of Division IO. Article V of this chapter: and (h) Expiration of development approvals and time extensions. * * * See. 78-43. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and comply with all requirements of this chapter. (The remainder of this page left intentionally blank) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Date Prepared: September 26, 2005 Ordinance 33, 2005 Table 1 : Development Order Review Notes: A=Advisory Review Blank=Not Applicable C=Completeness Review CC=City Council D=Discretionary per Growth Management Director DRC=Development Review Committee DO=Development Order J =Technical Review =Decision-Making Authority PZAB = Planning, Zoning, and Appeals Board luding PCD and PUD) ezoning, Planned Development Area IMajor Conditional Use ICI J I IAl 0 Lariance ICI D lol I - ~~ LDR Text Amendment Site Plan Review, Major Site Plan Review, Minor Site Plan Review, Administrative bubdivision: IcI ID0 Change, NonAdministrative IA/ ID0 Change, Administrative ll See Division 10, Article 5, of this Chapter * * * SECTION 3. Codification of this Ordinance is hereby authorized and directed. SECTION 4. This Ordinance shall become effective immediately upon adoption. 3 Date Prepared: September 26,2005 Ordinance 33,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 E PASSED this 17 day of PJOV~OW , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY FOR AGAINST ABSENT BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\amending development review procedures - ord 33 2005.doc 4 CITY OF PALM BEACH GARDENS CITY COUNCIL J Agenda Cover Memorandum Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 SUBJECT/AGENDA ITEM Ordinance 34, 2005 & Resolution 166, 2005: PGA Coiporate Center (aka. “Parcel 5A”) - Rezoning and Master Plan Approval Public Hearing and Second Reading: A request by Mr. Ryan Johnston, of Catalfumo Construction and Development, Inc., on behalf of PGA North I1 of Florida, LLC, for approval of a rezoning from Research and Light Industrial Park (MI) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with a Research and Light Industrial Park (Ml) underlying zoning designation. The proposed PCD, to be referred to as the “PGA Corporate Center PCD,” will consist of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels. The 78.96-acre subject site, currently referred to as “Parcel SA,” is generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Garden Woods and Winchester Courts residential developments to the north, Alternate AlA to the east, and PGA Boulevard to the south. [XI Recommendation to APPROVE with conditions of approval and two (2) waivers [ ] Recommendation to DENY Reviewed by: ,, I Originating Dept.: Growth Management: Project Manage City Attorney [ 3 Legislative [XI Public Hearing Finance Developmen Compliance AICP Advertised: Date: November 3, 2005 Paper: Palm Beach Post Approved By: [ 3 Not Required FINANCE: NIA Costs: $ NIA Total $ NIA Current FY Funding Source: [ 3 Operating [XI Other- Budget Acct.#: NIA CC Action: [ ]Approved [ ] App. w/ conditions [ ]Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ 3 Continued to: Attachments: Concurrency Certification Resolution 21 6,2004 & Memorandum of Understanding M1 Development Regulations Ordinance 6,2005: City’s List of Permitted Uses Resolution 156,2001 Letter from Winchester courts Development Plans Ordinance 34,2005 Resolution 166, 2005 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 Development Overlay EXECUTIVE SUMMARY Industrial (1)Recreation Open Space (ROS) Residential Low (RL) Mixed Use (MXD) I The applicant is requesting approval of a rezoning to a Planned Community District Overlay (PCD) with an underlying zoning designation of Research and Light Industrial Park (Ml) to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels. BACKGROUND On February 1,2001, the City Council approved Resolution 1,2001 providing for the approval of a ten (10) acre conceptual upland preserve set aside for Parcel 28, Parcel 5A (the subject parcel; herein after referred to as the “Property”), and Parcel 5B to be located within Parcel 5A in order to satisfy the minimum 25% upland preserve requirement for the three (3) aforesaid parcels. LAND USE & ZONING The land-use designations of the Property as shown on the City’s Future Land Use Map are Industrial (I) and Recreation Open Space (ROS). The site is currently zoned Research and Light Industrial Park (Ml) and Planned Development Area (PDA). The applicant is requesting approval of a rezoning to a Planned Community District Overlay (PCD) with an underlying zoning designation of Research and Light Industrial Park (Ml). The existing land uses and zoning designations of properties surrounding the Property are provided in the following table: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS It EXISTING USE Subiect Property Parcel 5A (Vacant) ll North Garden Woods Residential Development/ Winchester Courts Residential Development II South RCA Center PUD (Parcel 5B) East Regionalnter DRI West Interstate 95/Miltary Trail II Garden Lakes Residential Development ZONING LAND USE I II Research and Light Industrial (MI)/Planned Development Area (PDA) Residential Low Density-3 (RL3)/ Residential Medium (RM) w/Planned Unit Development Overlay Research and Light Industrial Park (Ml) w/Planned Unit Planned Community Development (PCD) Residential Medium (RM) wIPlanned Unit Development Overlay Professional Office (PO)/Commercial Residential Medium (RM) 2 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 CONCURRENCY The Property was granted conditional concurrency certification on December 1 1, 2000, for the development of 240,000 square feet of office use and 600,000 square feet of industrial use or their traffic equivalents. The conditional concurrency certification, which is expected to expire on December 3 1, 2005, is contingent upon the applicant satisfying several conditions mandated by the City Engineer and Palm Beach County Traffic Division in the attached memoranda (please see attachment). The stated conditions limit, in part, the amount of building space that can be built until such time when certain roadway improvements are constructed the surrounding areas. The certification is also contingent upon the approval of (1) a development order for the Property; and (2) an administrative extension to the build-out date for the project, prior to December 31, 2005, in accordance with Section 78-61 of the City’s LDRs. PROJECT DETAILS The subject petition involves a request for approval of (1) a rezoning to a Planned Community District (PCD) with an underlying zoning of Research and Light Industrial Park (Ml); and (2) a master development plan. The proposed PCD, to be referred to as “PGA Corporate Center,” will consist of 240,000 square feet of office use and 600,000 square feet of light industrial use including a maximum of 42,000 square feet of ancillary commercial use (Note: the M1 zoning district requirements allow for retail and consumer service establishments to be permitted as accessory uses to any permitted or conditional use within the zoning district so long as the commercial use does not occupy more than five (5%) percent of the gross floor area of all buildings on site). The PCD approval will establish the location and design of the following: *3 17 individual developable parcels; e:* Landscape buffers along the perimeter of the site and along the north side of Kyoto Gardens Drive adjacent to the lake; 6 Lake; e:* 1 0-acre preserve, which satisfies the upland preservation requirements for the Property, Parcel 5B and the Legacy Place parcels (Parcels 28.01 and 28.02); and *:* Streets (Kyoto Gardens Drive, RCA Center Drive, and other local streets). No buildings are being proposed at this time. It is the applicant’s intention to obtain approval of the PCD then submit applications for individual site plan approvals to the City for parcels within the PCD as tenants are secured. Said site plan applications will undergo review by the City’s Planning, Zoning and Appeals Board and the City Council. Development Regulations All development on site will be required to comply with the development regulations (i.e. building height, setbacks, lot coverage, permitted uses, etc.) for the Research and Light Industrial Park (Ml) zoning district as established in the City’s LDRs. Said development regulations and the City’s List of Permitted Uses are attached hereto for reference. 3 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 Kyoto Gardens Drive Extension The future portion of Kyoto Gardens Drive extending from Military Trai to Alternate A1A through the Property (herein after referred to as “Kyoto Gardens Drive”) is part of the City Center Linkages Plan established in the City’s Comprehensive Plan. It is important to note that the Constrained Roadway at a Lower Level of Service (CULLS) designation previously approved by the City and Palm Beach County for portions of PGA Boulevard is contingent upon the construction of this linkage road. Once constructed, it will divert a significant amount of traffic fiom the portion of PGA Boulevard extending from Military Trail to Alternate A1 A. Due to the design of the new Interstate 95 on-ramp on the east end of Kyoto Gardens Drive and an existing Florida Department of Transportation right-of-way at the west end at Military Trail, the two (2) end points of Kyoto Gardens Drive at Military Trail and Alternate A1A are fixed. According to the City Engineer, the design speed of the road and the two (2) fixed ends do not allow for any variation to the design of the road that is depicted on the development plans for the Property. The road will be a four (4) lane median divided roadway with a sidewalk on the south side of the road. (The sidewalk on the north side of the road was removed so that additional landscaping could be provided between the edge of the road and the lake to the north in order to provide additional buffering from the road for the residents to the north.) The construction of Kyoto Gardens Drive is proceeding independently of the development of the Property. The timing of the construction of Kyoto Gardens Drive and the portion of RCA Center Drive (North/South Road) within the Property and the obligations of the City and the applicant relative to the construction thereof were established by way of Resolution 216, 2004 and the Memorandum of Understanding made an exhibit thereto (attached). The landscaping of the road, the design of which has already been established, will occur concurrently with the road construction. Kyoto Gardens Drive Mitigation At its August 18, 2005, meeting, the City Council approved a maximum of $500,000 to be used towards the mitigation of the impacts of Kyoto Gardens Drive on the Winchester Courts community. The City is currently working on an agreement with the Winchester Courts residents that will establish how the money will be utilized (i.e. screening wall, additional landscaping, low- level street lighting, etc.). A noise study (on file in the City’s Growth Management Department) was prepared in June of 2005 for the City by Bernard Kinney Associates to evaluate the potential worst case road traffic noise levels generated by Kyoto Gardens Drive. For the purposes of the study, four (4) noise sensitive receptor sites within Winchester Courts were utilized: one (1) at 50 feet from the center of the closest travel lane, and the other three (3) at 140 feet, 250 feet, and 370 feet from the center of the closest travel lane, respectively. The results of the analysis indicated that only the receptor site placed at 50 feet should be considered for potential noise abatement measures, while the remainder of the noise sensitive receptor sites were below the criteria of the Federal Highway Administration (FHWA) and Florida Department of Transportation (FDOT) for noise abatement measures. 4 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 The study concluded that a noise barrier approximately ten (10) feet in height and 195 feet in length along the north side of the west end of the Kyoto Gardens Drive right-of-way adjacent to the closest four (4) Winchester Courts units would reduce the traffic noise levels to acceptable levels (a reduction of 10.3 dBA). Also, the report concluded that a wall on the north side of the bridge that is eight (8) feet in height along the entire length of the bridge would further reduce the traffic noise levels. As part of the construction of Kyoto Gardens Drive, the two (2) abovementioned walls will be constructed in accordance with the findings of the study. The funding for the walls will come from the $500,000 approved by the City Council to be utilized for the mitigation of the effects of Kyoto Gardens Drive on the Winchester Courts community. LandscapindBu ffering The applicant will be providing a 25-foot landscape buffer (consistent with LDR requirements) along the south and west PCD boundary lines adjacent to the Interstate-95 rights-of-way; 15-foot landscape buffers (consistent with LDR requirements) along the roadways within the Property; and a 20-foot landscape buffer along the FEC tracks adjacent to Alternate A1A. The applicant is proposing a 58-foot landscape buffer north of Kyoto Gardens Drive adjacent to the lake to provide buffering for the residential units to the north. The native vegetation in this area will remain and supplemental landscaping will be required to be installed by the applicant once the exotics are removed; staff has included a condition of approval requiring the same. Diagonal paths through the buffer will be cleared to allow access to the lake for maintenance. The clearing and the installation of the landscape buffers within each parcel will not occur until such time when the site plan and the plat for the individual parcel are approved by the City Council and the infrastructure construction plans for the parcel are approved by the City Engineer. (It is important to note that the applicant may, with the approval of a Clearing Permit by the City Forester, clear a portion of an individual parcel prior to the site plan and plat approval for that parcel strictly for the purposes of constructing roads and public infrastructure.) Site Access The future extension of Kyoto Gardens Drive will provide access to the site from Alternate A1A and Military Trail. The future RCA Center Drive will connect to the future extension of Kyoto Gardens Drive and will provide access to the site from RCA Boulevard to the south via the RCA Center PUD. Connectivity Between Sites On March 30 and 31, 2001, the City hosted the Northern Palm Beach County Traffic Summit in coordination with Palm Beach County and the Town of Jupiter in an attempt to take a leadership role in addressing existing and potential traffic congestion in Palm Beach Gardens and in adjacent areas. On November 1, 2001, the City Council adopted Resolution 156, 2001 (attached) thereby supporting the “Summary of Results” (exhibit to ResoZution 156, 2001) from the Summit. The 5 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 Summary of Results states that all traffic problems discussed fell into five (5) categories: Community Character, Connectivity, Land Use Patterns, Level of Service, and Modes of Transportation. Each of these five (5) categories were further broken down, and under each category, either “Lack of connectivity” or “Lack of optional routes” was included (please see attached Resolution 156, 2001). Staff has included a condition of approval that requires connectivity between the parcels within the Property with the intention that vehicles parked within the site wishing to access RCA Center Drive do not have to utilize Kyoto Gardens Drive to do so. Upland Preserve As previously stated, the City Council approved Resolution 1, 2001 providing for a ten (10) acre upland preserve set aside for Parcel 28, Parcel 5A, and Parcel 5B to be located within Parcel 5A in order to satisfy the minimum 25% upland preserve requirement for the three (3) aforesaid parcels. Said preserve area within Parcel 5A has been recorded as a conservation easement in the Public Records of Palm Beach County. Drainage - The proposed development is within the jurisdiction of the South Florida Water Management District (SFWMD), the North Palm Beach County Improvement District (NPBCID) and the City of Palm Beach Gardens. The proposed storm water management system will be comprised of catch basins, storm drain pipes and exfiltration trenches to collect storm water and pre-treat it for water quality prior to discharge into the site’s lake system. The site has legal positive outfall to the Unit #2 sub-basin #1 system. PGA Boulevard Corridor Overlav Section 78-221(~)(2) of the City’s LDR’s, entitled Boundaries, states that the boundaries of the PGA Boulevard Corridor Overlay Zone consists of those lands fronting or abutting PGA Boulevard for a depth of 1,000 feet from the edge of right-of-way. Section 78-221(c)(l)(a.) of the City’s LDR’s states that the standards of the PGA Boulevard Corridor Overlay apply to all property which fronts upon or is considered by the City to be functionally oriented to PGA Boulevard. Although the Property lies within 1,000 feet of PGA Boulevard, it does not front or abut PGA Boulevard (there exists right-of-way for the Interstate-95 on-ramps between the Property and PGA Boulevard) and is not considered by the staff to be functionally oriented to PGA Boulevard. Therefore, it is staffs opinion that this project is not required to comply with the standards of the PGA Boulevard Corridor Overlay Zone. Art in Public Places Section 78-261 of the City’s LDRs require that all buildings within a Planned Community District be assessed cumulatively towards the art in public places requirement, even if the buildings are 6 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000 threshold, each phase of the development is required to pay one (1%) percent of the construction cost of the building towards art in public places. It is staffs opinion that the art in public places fees collected for all of the development on the Property should be combined, instead of each property providing a separate, less significant art piece on each parcel. The combined funds should be utilized create art to be placed along the roadways to be enjoyed by the passersby. Staff suggests the intersection of Kyoto Gardens Drive and RCA Center Drive as an ideal location for the art. Staff has included a condition of approval that requires (1) each property requesting site plan approval to contribute one (1%) percent of the construction cost of the building(s) towards art in public places; (2) the developer to hold those funds in an escrow account until such time when all the buildings on site are approved by the City; and (3) all of the art on site to be installed prior to the last Certificate of Occupancy on site. Should the applicant choose not to provide the art on site, the applicant may instead contribute said funds to the City’s art account. In such a case, the applicant will have no input in the use of such fimds. Master Signage Program Staff has included a condition of approval that requires the applicant to obtain approval of a master signage program for the Property prior to the issuance of the first Certificate of Occupancy on site. WAIVER REOUESTS The applicant is requesting approval of the following two (2) waivers: 1. Waiver from City Code Section 78-506 to allow a sidewalk on only the south side of Kyoto Gardens Drive. City Code requires sidewalks on both sides of a street within a subdivision. Staff Analysis: This waiver request is a result of discussions between the applicant and City staff held in an effort to mitigate the impacts of Kyoto Gardens Drive on the residents to the north. It was agreed, in concept, that a sidewalk would not be needed on the north side of Kyoto if the area on which the sidewalk would be located remained heavily vegetated to provide additional screening for the residents to the north, subject to the approval of the City Council. Therefore, staff recommends APPROVAL of the waiver request. 2. Waiver from City Code Section 78-563, entitled Lake maintenance tracts, to allow for landscaping within the Lake Maintenance Easement (LME) on the south side of the lake. City Code requires LME’s to be free of encumbrances. Staff Analysis: This waiver request is also a result of discussions between the applicant and City staff held in an effort to mitigate the impacts of Kyoto Gardens Drive on the residents to the north. It was agreed, in concept, that the LME along the south side of the lake would remain landscaped with the native vegetation and supplemental landscaping to provide additional buffering between the road and lake, subject to the approval of the City Council. 7 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 Diagonal paths will be cleared through the buffer to provide access to the lake for maintenance. (Note: The LME that will be comprised of native landscaping is being reflected as such on the site plan and the plat in case the City has to gain access to the lake in a more typical manner in the future.) Staff recommends APPROVAL of the waiver request. PLANNING, ZONING AND APPEALS BOARD At is October 11, 2005, meeting, the Planning, Zoning and Appeals Board held a public hearing to review the subject petition. The Board recommended APPROVAL of the subject petition by a vote of 7-0 with the following conditions, which are in addition to those proposed by staff *:* All applications for site plan approval for the individual lots shall be reviewed by the Planning, Zoning and Appeals Board prior to review by the City Council. Staff Response: As stated by staff during the public hearing, all site plans within a PCD will undergo review by the Planning, Zoning and Appeals Board and the City Council. *$. The architectural design guidelines should be withdrawn from the current application until such time when fwrther review and discussion between staff, the applicant, and the Board relative to the guidelines takes place. Staff Response: The design guidelines have been removed from the subject petition. Staff will continue discussions with the applicant relative to the guidelines. *3 Applicants requesting site plan approval for the individual parcels within the PCD shall be required to send public notices via regular mail to all property owners within 500 feet of the PCD boundaries at least ten (10) days prior to any Planning, Zoning and Appeals Board and City Council meeting at which said site plan application will be heard, with the exception of workshops. Staff Response: Staff has included a condition of approval requiring the same. CITY COUNCIL At its November 17, 2005, meeting, the City Council reviewed the subject petition at First Reading. The City Council (1) directed staff to provide a status of the proposed “Quiet Zone” at the intersection of the Kyoto Gardens Drive Extension and the FEC Railway at Second Reading; and (2) asked the applicant to examine the possibility establishing a program (at a later date) for the subject property wherein the applicant would agree to reducing the height of the buildings closest to the residential development to the north and Kyoto Gardens Drive in exchange for allowing increased height adjacent to PGA Boulevard and the Interstate 95 right-of-way to the south. Also, certain concerns voiced by members of the public were addressed by staff and the applicant. The City Council voted (5-0) to approve the subject petition on First Reading. 8 Date Prepared: November 17,2005 Meeting Date: December 1,2005 Ordinance 34,2005 Resolution 166,2005 STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 34, 2005 and Resolution 166, 2005 with two (2) waivers and the conditions of approval listed in the resolution. 9 ' CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 DATE: December 11,2000 TO: Ken Blair Catalfumo Construction & Development, Inc. 694-3000 fax: 691 -5288 FROM: John Lindgren3 City Planner phone: 7994243 fax: 799-4281 RE: CONDITIONAL CONCURRENCY CERTIFICATION for: CON-99-09 - Parcel 5A Attached are the following memoranda granting conditional concurrency certification to the subject petition as of December 8, 2000: 0 Memo from Assistant City Engineer Sean C. Donahue, P.E., dated December 8,2000 0 Memo from Maria M. Tejera, P.E., dated December 8,2000 Memo from LBFH dated March 31, 1999 This certification is contingent upon the applicant satisfying several specific conditions listed in the aforementioned attached memoranda, AND the issuance of a development order from City Council. If any of the conditions listed in the aforementioned attached memoranda are not satisfied within the appropriate time frame, OR a development order is not issued by City Council for the above referenced project, then this conditional concurrency certification shall immediately become null and void. If all of the conditions are satisfied within the appropriate time frame AND a development order is issued, then this conditional concurrency certification shall not expire until after the build-out date of December 31, 2005. This build-out date is referenced in the November 17, 2000, Traffic Impact Analysis - Parcel 5A prepared by Yvonne Ziel Traffic Consultants, Inc. If you have any questions, please contact me at 799-4243. Cc: Sean Donahue, Assistant City Engineer Steve Cramer, Interim Growth Management Director Tala1 Benothman, Senior Planner Via fax - 6 sheets ghmrnon : s hortlcon 9909.con.cerl ijackie TO: Tala1 Benothman FROM: DATE: February 1 3,200 1 Sean C. Donahue, P.E. @ FILE NO. 99-4053 SUBJECT: Catalfumo-Parcel SA We have reviewed the traffic concurrency conditions presented in a letter from the Palm Beach County Trafic Division received on January 27, 2001. According to the letter, the Palm Beach County Traffic Division and the City’s traffic consultant, MTP Group, Inc. have determined that this project meets the Traffic Performance Standards of Palm Beach County, subject to several conditions. The attached conditions need to be included in the City’s Development Order as Conditions of Approval. SCD/ cc: Steve Cramer Karen Craver g,oh:,Lindifjkn , .I Department of Engineering and Public Works PO. Box 2 I229 West Palm Beach, FL 3341 6- 1229 (561) 684*4000 www.co.palm-beach.fl.us I Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilorri Addie L. Grcene County Administrator Roben Weisman ’An Eguul Opportunity AfJrmative Action Employer’ LBFH PALM CITY January 26,200 1 Mr. Sean Donahue, P.E. LBFH, Inc. 3550 S.W. Corporate Parkway Palm City, FL 34990 RE: PARCELSA TRAFFIC PERFORMANCE STANDARDS REVIEW Mr. Donahue: The Palm Beach County Traffic Division along with MTP Group, the traffic consultant for the City of Palm Beach Gardens, has reviewed the traffic impact study for the project entitled Parcel 5A pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarizcd as follows: Location: Municipality: Palm Beach Gardens Proposed Uses: Oficc 240,000 sq. ft. Industrial 600,000 sq. A. Net Trips: 6,195 per day Build-out: 2005 North of PGA Blvd., betwcen 1-95 and Alt. AIA Based on our review the Traffic Division has determined that the project may meet the Traffic Performance Standards of Palm Beach County, subject to the following conditions: No building permits for more than 795 daily extcrnal trips until the widening to 6 Lanes of Alt. AI A, from Hood Road to PGA Blvd. No building permits for more than 3,137 daily external trips until provision of exclusive northbound dual left-turn lanes and eastbound right-turn lane has commenced at the intersection of Alt. AIA and Hood Road. Also, Installation of a traffic signal at this location will be required when warranted, based on traffic signal warrants that must be conducted annually during the peak season. Furthermore, this roadway improvement an assured construction. Any approval above the 3,137 trips limit, will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. No building permits for more than 3,644 daily emrnal trips until the PGA “Flyover” project has commenced. Page 2 No building pcnnits for more than 3,644 daily external trips until the linkage roadway segment between Military Trail and Alt. AlA, and the segment connecting north and south of PGA Boulevard, running under the PGA flyover west of Alt. A1A has commenced. No building permits for more than 4,100 daily external trips until the addition of an eastbound right-turn !2ne, westbound right-turn lane, aid northbound right-turn lane, has commenced at the intersection of Alt. A1A and RCA Boulevard. No develoDmcrit order for more than 4,383 daily trips may be issued until the County adopts a CRALLS for PGA Boulevard, between Alt. A1A and Fairchild Gardens Boulevard. Also, since the City Center Linkages Plan assurcd construction, approval above the 4,383 trips limit will also be contingent on the execution of a public facilities agreement for the funding of the roadway improvements . No building permits for more than 4,488 daily external trips until the widening of Alt. AlA to 6 lanes, from Donald Ross Road to Hood Road, has commcnced. No building permits for more than 4,562 daily external trips until the widening of Alt. A1A to 6 lanes, from PGA Blvd. to RCA Blvd, has commenced. This roadway improvement an assured construction. Any approval above the 4,562 trips limit, will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. No building permits for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at the intersection of Alt. AIA and Donald Ross Road. This roadway imgrovcment an msrlred construction. Any approval above the 4,948 trips limit, will be contingent on the execution of a pubIic facilities agreement for the fimding of this roadway improvement. No building permits for more than 4,957 daily external trips until the addition of one eastbound and one westbound through lanes has commenced at the intersection of Military Trail and PGA Boulevard, or approval of the CRALLS for this intersection. No building permits for more than 6,037 daily externaI trips until the addition of one westbound lane on PGA Boulevard, from 1-95 to Military Trail , or approval of CULLS for this segment. No building permits for more than 6,077 daily external trips until the addition of one westbound lane on PGA Boulevard, between Victoria Gardens to Fairchild Gardens, or approval of CULLS for this segment. Page 3 In addition, the study states that if the project acccss to Alternate A 1A is not constructed, the applicant will not bc required to re-analyze the project without the access. This access is a key component of the City Center Linkage Plan. The Traffic Division does not agree with the statement to not require a restudy, and reservcs the right to request a restudy of the traffic conditions should the linkage through Parcel 5A is not permitted.. Finally, for the roadway improvements that are not identified as assured ccrrrstruction, any approval from Palni Beach County will be contingent on the a public faciIities agreement with Palm Beach County for the funding of the roadway improvements in a form acceptable to the County Engineer. In the event this do not happen within 30 daysfrom issuance ofa development order, this approval shall be null and void. The conditions should also be included in the development order issued by Palm Beach Gardcns, Please contact me if you have any questions regarding this review. Sincerely, OFFICE OF THE COUNTY ENGINEER Sr. Engineer - cc. George T. Webb, P.E., County Engineer Charles R. Walker, P.E., Director - Traffic Division Dan Weisberg, P.E.. Assistat Dircctor - TraEc Division Maria M. Tejera, P.E., MTP Group Yvonne Ziel, P.E., Yvonne Ziel Traffic Consultants File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC\ma\AdminLZpprovals\OO I003 .wpd Date Prepared: November 9,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 216,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTYl KNOWN AS THE “RCA CENTER PUD” (A.K.A. “PARCEL 5B”), LOCATED AT THE SOUTHWEST CORNER OF ALTERNATE AIA AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE, 100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received an application (PUD-04-04) from Mr. William D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master development approval to allow the development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on an approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel 5B”), generally located on the southwest corner of Alternate AIA and PGA Boulevard, as more particularly described herein; and WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its November 23,2004, meeting and recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and 1 , Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CIN COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The Master Development Plan application of Mr. William D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the following real described property, to permit the development of 150,000 square feet of retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on an approximately 30-acre parcel of land, known as "Parcel 5B," generally located on the southwest corner of Alternate A1A and PGA Boulevard, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK 96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 28 29 1. 30 31 32 33 2. 34 35 36 37 38 39 3. 40 41 42 4. 43 44 45 46 Section 78-563, Lake maintenance tracts, to allow encumbrances with certain Lake Maintenance Easements (LME) in specific areas identified on the approved development plan. Section 78-285, Permitted signs, to allow for certain retail tenants in buildings containing multiple street frontages to have two (2) signs per tenant, and buildings containing multiple street frontages to have two (2) principal tenanvbuilding ID signs, subject to the conditions relating to the same contained herein. Section 78-285, Permitted signs, to allow for principal tenanVbuilding ID signs to be located above the first story. Section 78-508, Intersections, to allow for street intersections with a centerline separation of less than 150 feet. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216,2004 5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a required 20-foot landscape buffer along the easternmost property line to be encumbered by a utility easement. Section 78-374(h), Location, to allow for 13 covered parking spaces to be located within 100 feet of PGA Boulevard. Section 78-287(e), General standards, to allow for tenants having federally registered trademark signs to use their registered color scheme on signs facing the parking areas. Section 78-344(1)(1), Minimum dimensions, to allow 9.5-foot-wide parking spaces at certain locations at reflected on the approved site plan. 6. 7. 8. SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Enaineerinq 1. 2. 3. 4. 5. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide written authorization from utility owners allowing landscaping within their existing andlor proposed utility easements. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a Roadway Signage and Marking Plan for review and approval. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a Photometric Plan, signed, and sealed by a professional engineer licensed in the State of Florida, meeting the requirements of LDR Section 78-1 82. Said plan shall provide pedestrian scale lighting along all walkways and thoroughfares, including PGA Boulevard. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida in accordance with Section 78-448 of the LDR. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) 3 Date Prepared: November 9,2004 Resolution 216.2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) 7. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 8. The applicant shall provide the City copies of all permit applications and approvals. (City Engineer) 9. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. (City Engineer) IO. The construction, operation, and/or maintenance of any elements of the subject project shall have no negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s . responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer ) 11. The applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division concurrency approval letter issued for this property. (City Engineer) 12. Prior to the issuance of the first land alteration permit, the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 4 Data Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 13. Kyoto Gardens Drive a. The applicant shall deliver to the City surety in a form acceptable to the City Attorney, which surety shall ensure the construction of the Kyoto Gardens Drive Extension. The Kyoto Gardens Drive Extension shall consist of a four (4) lane divided roadway with landscaped medians, approximately 2,300 feet in length, connecting Military Trail to Alternate AlA, including an at-grade crossing of the FEC trackbed. The applicant shall be responsible for the costs of design and construction of this roadway as a two (2) lane roadway, and the City shall be responsible for reimbursing the applicant for the costs of design and construction of the additional two (2) lanes, as set forth in the engineering estimate attached as Exhibit "A to the Memorandum of Agreement. Said construction shall commence no later than March 31, 2005, and completion of said improvements as set forth in the Memorandum of Agreement. As additional assurance, the applicant shall submit, no later than December 30, 2004, a Memorandum of Agreement in a format acceptable to the City Attorney on behalf of the City, and the following entities: RCA Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD to further define the obligations relating to the roadway design and construction. b. The applicant shall continuously and diligently work with the City and the required outside agencies in order to obtain the issuance of all necessary permits in order to begin construction of Kyoto Gardens Drive on or before March 31 , 2005. c. The applicant shall, upon the request of the City, deliver assurances, in a form acceptable to the City Attorney, from the owners of Parcel 5A that the City will be permitted to expand the existing lake north of the Kyoto Gardens Drive right-of-way for the purposes of providing drainage for the Kyoto Gardens Drive roadway and to provide the fill for construction of the roadway at no cost and without restriction. d. The applicant shall, upon the request of the City, deliver assurances, in a form acceptable to the City Attorney, from the owners of Parcel 5A that they will sign and support all permit applications as required to design and build Kyoto Gardens Drive. e. All contracts for design and construction of the Kyoto Gardens Drive extension shall be submitted to the City for review and approval by the City Engineer and City Attorney. Said construction contracts shall contain a provision that makes such contracts fully assignable to the City. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 14. 58 Road a. The applicant shall, prior to December 30, 2004, deliver a deed in a format acceptable to the City Attorney conveying an 80-foot right-of-way for that portion of RCA Center Drive that is shown on the Linkage Plan between the present northern terminus of said road and the north boundary of Parcel 5B. This parcel and all other portions of the North/South Road owned by FDOT and NPBCID are hereinafter referred to as the ”58 Road.” b. The applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 5B, design, build, and construct the “5B Road’’ as a two (2) lane divided roadway with landscaped median within a fifty (50) foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot right-of-way may be utilized for landscape buffer calculations and setback requirements. 15. 5A Road a. The applicant shall, prior to December 30, 2004, deliver a deed in a format acceptable to the City Attorney conveying an 80-foot right-of-way for that portion of RCA Center Drive that is shown on the Linkage Plan connecting the 58 Road to Kyoto Gardens Drive, hereinafter referred to the “5A Road.” b. The applicant shall, prior to the issuance of the first Certificate of Occupancy for Parcel 5B, design, build, and construct the “5A Road” as a two (2) lane divided roadway with landscaped median within a 50-foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of way may be utilized for landscape buffer calculations and setback requirements. c. The applicant shall deliver to the City surety, in a form acceptable to the City Attorney, to ensure the construction of the 5A Road at the time the surety described in Condition 6 is submitted to the City. 6 , Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Landscaping 16. Within six (6) months of the issuance of the first clearing permit, the landscaping shall be installed within: (1) the medians and adjacent road shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to the property, unless landscaping is installed in said areas by the FDOT as part of the PGA Flyover project; and (2) the landscape buffers along PGA Boulevard, RCA Boulevard, and Alternate AlA. The Growth Management Administrator shall be authorized to grant up to two (2), three (3) month extensions to this requirement upon demonstration by the applicant of a good-faith effort to satisfy the same in a timely manner. (City Forester) 17. Prior to the issuance of the first Certificate of Occupancy, the landscaping shall be installed within the medians and road shoulders within both the north/south and the eastlwest thoroughfares within the property. (City Forester) 18. The applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within: (1) the medians and adjacent road shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to the property; and (2) the medians and road shoulders within both the north/south and the eastlwest thoroughfares within the property. (City Forester) 19. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the RCA Center Property Owners Association, its successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the applicant and the City of Palm Beach Gardens. (City Forester) 20. The installation of the covered parking structures, if approved by the City Council, shall not conflict with landscaping, including long-term tree growth. (City Forester) Police 21. Lighting shall not conflict with landscaping, including long-term tree growth. (Police) 7 Date Prepared: November 9,2004 Resolution 216,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 22. All lighting for streets, parking lots, parking garages, and pedestrian walkways shall be metal halide. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site and shall be lit at a minimum of 0.6-foot candles. (Police) 23. Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) 24. Entry signage shall be lighted. (Police) 25. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) 26. Numerical addresses shall: (1) be illuminated for nighttime visibility and be unobstructed; (2) have bi-directional visibility from the roadway; and (3) be placed at the front and rear of each business. (Police) 27. All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. (Police) 28. Prior to the issuance of the first building permit for vertical construction, the applicant shall work with the Police Department to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) Plannina and Zoninq 29. Within 90 days of (the effective date of this Resolution), the applicant shall submit revised development plans to include the items listed below. Said development plans shall be approved administratively by staff as long as: (1) all items listed below are included on the development plans to the satisfaction of the Growth Management Administrator; and (2) any exterior building modification(s) is architecturally consistent with the approved 8 Date Prepared: November 9,2004 Resolution 216, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 buildings. Should any of the aforesaid not be adequately satisfied, the revised development plans shall be reviewed and approved by the City Council by way of an amendment to the PUD’s master plan of development. No building or land clearing permits shall be issued until revised plans have been approved. a. b. C. d. e. f. 9. h. i. The applicant shall revise the building elevations to include three (3) color palette combinations for the buildings on site. The applicant shall revise the easternmost landscape buffer adjacent to the parking area so that a maximum of 12 feet of the buffer is encumbered by utility easements. The applicant shall revise the building elevations to clearly reflect all exterior building colors and materials. The applicant shall submit an amenities package that includes illustrations and details of project-wide shared elements, including common hardscape themes, street furniture, lighting fixtures, special intersections, plazas, fountains, decorative trellises, and thoroughfare enhancements. A “Key Plan” depicting the location of the amenities on site shall also be included. The applicant shall submit a lighting plan, signed and sealed by a professional engineer registered in the State of Florida, that includes pedestrian scale lighting along all pedestrian walkways and thoroughfares, including PGA Boulevard. The applicant shall provide additional landscaping within the vacant area north of Building #2 to the satisfaction of the City Forester. The applicant shall provide additional pedestrian linkages between the buildings along RCA Boulevard and the sidewalk along said roadway. At a minimum, sidewalks shall be included at every building entrance along RCA Boulevard, as reflected on the building elevations. The applicant shall provide at least 20 additional pedestrian benches throughout the site and label them on the plan accordingly. The applicant shall include a bus shelter easement on the site plan in a location consistent with the Palm Tran letter dated May 18, 2004, relating to the same, which is on file with the Growth Management Department, 9 ~~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216,2004 j. The applicant shall submit a revised signage program that adequately reflects the signage requirements approved by the City Council for the subject property through the adoption of this Resolution. 30. All rooftop mechanical equipment shall be screened from view. (Planning & Zoning) 31. Within sixty (60) days of a written determination from Palm Tran that a bus shelter will be utilized on the subject site, the applicant, its successors, or assigns shall submit an application for an administrative approval to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council’s previous approval of such shelters. The applicant, its successors, or assigns shall be responsible for the construction of a bus shelter in a timely manner to accommodate Palm Tran’s needs for the same. (Planning & Zoning) 32. Each building shall be allowed two (2) building identification or principal tenant signs, so long as (1) said signs are not located on the same building elevation; and (2) the second of the two signs has a copy area of no more than 75% of the first sign. (Planning & Zoning) 33. Retail ground floor users shall be allowed a maximum of two (2) signs per tenant, only if (1) any two signs for the same tenant are not located on the same building elevation; and (2) said signage is’ affixed directly to the elevation of the tenant bay it identifies. (Planning & Zoning) 34. Tenants having federally registered trademark signs and logos shall be allowed to use their registered color scheme on signs facing the parking areas. Signs and logos facing the adjacent and internal rights-of-way shall be consistent with the color approved in the master sign program. (Planning & Zoning) 35. Prior to the issuance of the first certificate of occupancy, the property shall be replatted. Said replat shall dedicate the thoroughfares within the property to the City. (Planning & Zoning) 36. Wall signs shall not exceed 70% of the immediate vertical and horizontal surface area to which they are attached. (Planning & Zoning) 37. Medical or Dental Office use is not allowed unless the applicant submits a traffic equivalency analysis for review and approval by the City Engineer. The applicant shall also be required to demonstrate compliance with parking requirements of the City Code. (Planning & Zoning) 10 ____.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 - 38. 39. 40. 41. 42. 43 44. Date Prepared: November 9,2004 Resolution 216,2004 Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the applicant or its agent shall submit a breakdown by use (retail, office, and industrial) of the gross square footage for lease for approval by the Planning and Zoning Division to ensure compliance with the City’s Nonresidential Mixed Use Planned Unit Development intensity measures. (Planning & Zoning) Outdoor storage within the site is prohibited. (Planning & Zoning) Uses on site shall be limited to those uses allowed within the PGA Boulevard Corridor Overlay, as may be amended from time to time, (Planning & Zoning) No striped awnings shall be permitted on site. (Planning & Zoning) Prior to issuance of the first building permit, the applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places. The applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, with the exception of the art located east of the North/South Road, which shall be installed prior to the issuance of the first Certificate of Occupancy for any buildings located east of the North/South Road. (Planning & Zoning) Within 90 days of the effective date of this Resolution, the applicant shall work in conjunction with the Treasure Coast Regional Planning Council (TCRPC), the South Florida Regional Transportation Authority (SFRTA), and the City to make any and all necessary modifications to the development plans for the portion of land lying east of the North/South Road to accommodate the potential of a Tri-Rail transit station. Said modifications shall be approved administratively by staff so long as any exterior elevation changes are architecturally consistent with the approved buildings. Should the final results of the Jupiter Corridor Alternatives Analysis determine that a Tri-Rail station will be constructed on the subject property, the applicant, its successors, or assigns shall work cooperatively with the SFTRA and the City to facilitate the construction of said station and all ancillary uses/structures in a timely manner. Said modifications shall be approved by the City prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) The applicant shall, within 30 days of the effective date of this Resolution, submit an easement, in a form acceptable to the City Attorney, with the property owner for the Gardens Station property to the south. The easement agreement shall provide for the right of use, construction, and 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2004 Resolution 216,2004 maintenance of the shared vehicular access from RCA Boulevard, as well as of the vehicular connections between the two (2) parcels, and shall include provisions for cost recovery. The costs for constructing and maintaining the access from RCA shall be equally shared by Gardens Station and the subject property. Said easement shall be recorded in the Public Records of Palm Beach County within 90 days of the effective date of this Resolution. (Planning & Zoning, City Attorney) Miscellaneous 45. 46. Required digital files of the approved replat shall be submitted to the Planning and Zoning Division prior to the issuance of the first certificate of occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) Prior to the issuance of the first Certificate of Occupancy, the master property owners association documents and restrictions, which shall include disclosure language regarding the potential transit station and the widening of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by Cotleur Hearing, last revised on December 9, 2004, and received and stamped by the City on December 10, 2004. 2. RCA Center Architectural Package, prepared by REG Architects, Inc., last revised on July 1, 2004, and received and stamped by the City on November 9,2004. 3. RCA Center Signage Package, prepared by REG Architects, Inc., last revised on November 9, 2004, and received and stamped by the City on November IO, 2004. SECTION 6. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon receipt by the City of all of the following items: the surety described in Condition 13(a) and the deeds described in Conditions 14(a) and 15(a). 12 *\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Date Prepared: November 9,2004 Resolution 216,2004 PASSED AND ADOPTED this IdTH day of oocL,r gyr ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: AnEST: LJ BY: Patricia Sm&, City aerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: - Christine P. Tatum, City Attorney 23 24 25 26 27 VOTE: 28 29 MAYOR JABLIN 30 31 VICE MAYOR RUSSO 32 33 COUNCILMEMBER DELGADO 34 35 COUNCILMEMBER LEVY 36 37 COUNCILMEMBER VALECHE 38 39 40 41 42 43 44 45 46 AYE NAY ABSENT -- 1 47 \\Pbgsfile\Attorneybttomey-share\RESOLUTlONS\Reso 216 2004 final clean.doc 13 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM is executed this 39 day of December, 2004 by and between PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY, LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited partnership (sometimes collectively referred to herein as “Catalfumo Entities”) and the CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida (IC i ty”) . Bac kn rou nd 1. The Catalfumo Entities and the City entered into a certain Agreement for Assured Construction of Linkage Roads dated October 3, 2002 (the “Assured Construction Agreement”). The City previously sued the Catalfumo Entities for specific performance of the Assured Construction Agreement, which lawsuit will be stayed pending completion of the Kyoto Drive Improvements described below. 2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval pursuant to Resolution 216, 2004 (the “PUD Approval”) for a certain planned unit development also known as Pa’rcel 5B. 3. Pursuant to the City’s Land Development Regulations and the PUD Approval, the Catalfumo Entities are required to construct a 2-lane road from Alternate AIA to Military Trail known as Kyoto Gardens Drive Extension (“Kyoto Drive Improvements”). The City has requested that Kyoto Drive Improvements be constructed as a 4-lane road to provide for future road capacity and the City has agreed to fund the difference in cost between a 2-lane road and a 4-lane road concurrently with the construction of the Kyoto Drive Improvements as set forth on Exhibit “A attached hereto 4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto Drive Improvements commence on or before March 31, 2005 I The understanding of the parties is as follows: 1. Catalfumo Entities will contract separately for the construction of the bridge portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive Improvements located within the City’s Road Rigiit-of-Way in order to expedite the commencement of construction, it being understood that the bridge portion of the construction will be able to commence most expeditiously in this fashion. Catalfumo Entities shall commence construction of the bridge portion of the Kyoto Drive Improvements on or before March 31, 2005 and shall use its best efforts to complete the Kyoto Drive Improvements prior to December 31 , 2005 and in any event as soon as practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto Drive Improvements and the other linkage roads through Parcels 5A and 56, City shall use its best efforts to review and permitt road plans submitted by Catalfumo Entities in connection with said road work and as soon as practicable issue work permits as necessary to allow Catalfumo Entities to meet the required time schedules. 2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval) road only with the City obligated to pay the increased costs caused by the City’s requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed. City shall also be obligated to pay for the cost of the FEC railroad crossing and related improvements. The City agrees to reimburse the Catalfumo Entities its share of the monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit “A” (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City’s payments to the FEC. I 3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the estimated amount required to construct its 2-lane share of the Kyoto Drive Improvements in a format acceptable to the City Attorney and as required in PUD Approval. Catalfumo Entities hereby agrees that should the City call the bond and assume the responsibility for construction of the roadway; the City may use a two square acre area of land immediately north of the north Kyoto Gardens Drive Right-of- Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this agreement maybe used to demonstrate to permitting agencies that water quality requirements maybe met within that two acre area and that the City has the legal rights I to excavate and use that acreage for drainage purposes. 4. Catalfumo Entities and its contractors shall comply with all aspects of the construction requirements as set forth in the Stipulated Final Order and other related documents for Kyoto Gardens Drive on both the east and west sides of the FEC trackbed. All correspondence with FEC will be copied to the City Attorney and all phone calls to FEC will be logged and a call log will be forwarded to the City with each request for reimbursement of construction costs. 5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits which shall be pooled and credited in accordance with the Assured Construction Agreement for both the bridge and road improvements provided the projects are completed within the times established in this agreement. 6. City shall be entitled to a right of approval of the contractors selected for construction of the Kyoto Drive Improvements. If possible, the contractors selected shall be ones that have current, ongoing, public construction projects that the City can “piggy-back” onto in order to satisfy the waiver requirements for the public bidding of the City’s portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it is not practicable to obtain separate contractors to bid on the expansion of the Kyoto Drive Improvements from 2-lane road improvements required to be constructed by the Catalfumo Entities to the 4 lanes requested by the City. IN WITNESS WHEREOF, the parties executed this Memorandum of Understanding as of the date set forth above. Witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., Its general partner u%b) By;/‘ Daniel S. Cat mo, President Witness RCA CENTER II OF FLORIDA LLC PGA GATEWAY, LTD, MALL PROPERTIES, LTO. L- CITY OF PALM BEACH GARDENS By: Countersigned by: %Q dd -&ri’s - Estimate - Kvoto Gardens Drive Construction Costs Summarv ITEM 2-Lane Road Construction Cost 2-Lane Bridge Construction Cost Landscaping & Irrigation rnsa $ 1,094,875 $ 2,490,000 $ 360,475 Total 2-Lane Option Cost: $ 3,945,350 4-Lane Road Construction Cost 4-Lane Bridge Construction Cost Landscaping L Irrigation $ 1,237,826 $ 3,240,000 $ 360,475 Total 4-Lane Option Cost: $ 4,838,301 Upgrade of Road to Four Lanes Construction Cost $ 142,951 Upgrade of Bridge to Four Lanes Construction Cost $ 750,000 Sub-Total Construction Cost of Upgrade to 4 Lanes: $ 892,951 Upgrade to 4 Lanes Engineering/Survey/Geotech Costs $ 21,982 1/2 of item costs Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost Sub-Total Design, Clearing & Signal Upgrade Cost: $ 263,407 Sub-Total Design 8r Construction Upgrade Cost: $ 1,156,358 15% Contigency: $ 173,454 15y0 Administration: $ 173,454 Bond Cost (2%): $ 30,065 Notes: Total Cost of Upgrade to 4 Lanes: $ 1,533,331 1. The above figures do not include the cost of design and construction of the FEC railroad crossing and related improvements which are to be paid 100% by the City of Palm Beach Gardens. 2.xlmwWwiW~~~~rn~~ -v 3. Estimated costs are based on 2004 materials and labor costs. EXHIBIT "A" PAYMENT AND PERFORMANCE BOND FOR INFRASTRUCTURE COMPLETION Know all men by these presents: That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY LTD., a Florida limited partnership, and MALL PROPERTIES, LTD., a Florida limited partnership (hereinafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company, authorized to do business in the State of Florida, (hereinafter referred to as "SURETY") are held and firmly bound unto the City of Palm Beach Gardens (hereinafter called the "CITY"), a political subdivision of the State of Florida, in the full and just sum of Dollars ($ 4,734,420-00 Four Million Seven Hundred Thtity Four Thousand, Four Hundred Twenty and 00/100--- ) lawful money of the United States of America, to be paid to the CITY to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, flrmly by these presents: WHEREAS, the above bound PRINCIPAL has executed an agreement for Assured Construction of Linkage Roads with the City dated October 3, 2002 ("Assured Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtained from the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the “PUD Approval”) for a certain planned unit development known as Parcel 56 and has agreed as a condition of the Assured Construction Agreement at the PUD Approval to complete the Required Improvements (as hereinafter defined). Required Improvements consist of constructing a two-lane portion of a four-lane road known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering Item 14a.). WHEREAS, the WHEREAS, this Payment and Performance Bond for Infrastructure Completion . Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100-- (hereinafter called the “Bond”) is in the full and just sum of Dollars ($ 4,734,420.00 lawful money of the United States of America, said sum being the estimated cost to complete the responsibility of PRINCIPAL for its share of the construction of the Required Improvements. NOW, THEREFORE, the SURETY agrees as follows: 1. 2, The foregoing recitals are incorporated herein by reference. The condition of this obligation of SUREn is such that if the PRINCIPAL shall, in all respects, fully comply with, carry out, construct, erect and build its share of the Required Improvements in substantial conformity with the plans, specifications and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work (it being understood that the SURETY shall remain bound under this Bond although not informed of any such additions, amendments or alternations), and shall commence and complete all of said work in accordance with the Contract for construction of the work and, provided it receives prompt payment from the City for the City's share of the cost of the work, or is otherwise compensated by the City as the parties may subsequently mutually agree in writing may promptly make payment to all persons supplying the PRINCIPAL, its contractors or subcontractors with any labor, services, material and/or supplies used directly or indirectly by them or some or any of them in the prosecution of said work, then this obligation has be void, otherwise remaining in full force and effect. SURETY, for consideration received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the work or the plans, specifications and schedules covering the same, or in the term or mode of payment forthe same, shall in anywise affect liability or.payrnent under this Bond, and it does hereby waive notice of any and all such changes, extensions of time, alterations and additions to the work or to the plans, specifications and schedules covering said work. The principal amount of this Bond will be reduced, from time to time, only 3, 4. c as and when (a) the PRINCIPAL provides the Clr/ with evidence of partial completion and payment costs and eApenses of the Project reasonably satisfactory to the CITY, such as by way of example, release of lien and certification of payment, and (b) the PRINCIPAL provides the CITY an engineering estimate of costs to complete the Required Improvements, or (c) CITY draws down payments from SURETY under this Bond in accordance with the provisions of paragraph 5c below. The PRINCIPAL shall provide the CITY with a list of all contractors, subcontractors and material contractors, subcontractors and material suppliers, together with a certificate of the general contractor certifying such list is complete. The CITY shall not have the obligation to reduce the principal amount of this SUREN, if it has reasonably concluded the costs of completion will exceed the original cost estlmate or evidence of payment and partial completion is not satisfactory to the CITY. To obtain a reduction in the principal sum of the Bond, the PRINCIPAL shall obtain from the CITY authorization for a reduction, which shall be forwarded to the SURETY. Any reduction in Bond value shall be considered effected and binding against CITY. Whenever the PRINCIPAL shall have failed or refused to commence or 5. complete the said work by the dates set forth in the Contracts for the work, the CITY may declare the PRINCIPAL'to be in default and the SURETY may remedy the default within thirty days, or shall within thirty days: a. Complete or begin completion of the said work in accordance with the specifications and schedules covering said work and such approved additions, amendments or alterations as may be made in the plans, speclflcations and schedules covering said work, completing the work in a prompt manner, or Obtain a bid or bids for submission to the CITY for completion of b. said work in accordance with the plans, specifications and schedules covering said work, and such approved additions, amendments or alterations as may be made in the plans, specifications and schedules for said work, and upon determination by the CITY and the SURETY of the lowest responsible bidder, arrange for a contract between such bidder and the SURETY. and pay to such bidder as work progresses (event should there be a default or a successlon of defaults under the contract or contracts of completion arranged under this paragraph) the funds required to pay the costs of completion of said repair or maintenance work as herein described, Alternatively, the parties hereto understand that upon default by PRINCIPAL, CITY may elect to assume the contracts for the construction of the work, in which event CITY shall be entitled to draw from SURETY the amounts due on a monthly basis in order for CITY to cover PRINCIPAL‘S share of the cost of the work regardless of the fact that the cost of the Required Improvements may exceed the amount of this Bond. If City elects to assume the contracts for construction of the Required Improvements, this Bond shall be modified as necessary to comply with the provisions of F.S. 255.05. c. 6. The CITY shall be entitled to their reasonable attorney’s fees and costs in any action at law or equity, including appellate court actions, to enforce the CITY’S rights under this Bond. IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these presents this 28th day of December, 2004. Witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc., OF FLORIDA LLC Witness PGA GATEWAY, LTD, A Witness MALL PROPERTIES, LTD. n SURETY: Liberty Mutual Insurance Company Countersigned by; Brett Rosenhaus Address: 4000 South 57th Ave. Ste. 201 Lake Worth, FL 33463 Brett Rosenhaus, Attorncy in FactjFi Restideht Agent L\FORMSWayrnentAndPerforrnanceREDLlNE.wpd ‘* . ., I1 I Liberty Mutual Surety Bond Number q@-/ Ou (I 3 3 li! NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the “Act”), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly “EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the “Issuing Sureties”). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for “acts of terrorism” as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90Y0) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1486470 Thls Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RICHARD M. BUTIN, KAREN L. DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... , each individually if there be more than one named, its true and lawful attomev-in-fact to make. execute. seal. acknowledae and deliver. for and on its ............................................................................................................................................................................................... , - -- behalf as sure and as its act a~hJe?d4*;m~l$l undertakings, bonds, recbgnizances and other sure obli ations in &e penal~sum not exceeding ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: FIITY MILL& AND oo/ioo DOLLARS ($ 50,000, Iy 00. o&**** ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of March 2004. LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Onlhis 23rd dayof March ,2004. before me, a Notary Public, personally came Garnet W . Elliou, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and aff-rporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year BY Teresa Pastella. Notary Public I, the undersigned, Assis-ry of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the Said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 121h day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. CI nP-U RET hereunto subscribed my name and affixed the corporate seal of the said company, this ' day of A . - ... - ... . ~ ........... 6 78-162 PALM BEACH GARDENS CODE (d) District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. (Ord. NO. 17-2000, 8 86, 7-20-00) Set. 78-153. Nonresidential zoning district regulations. . Table 12: property Development Regulations - Nonresidential Zoning Districts Min.BuildingSitaArea I None 1 None ~ Minimum Lot Width loon. loOK Max. Lot Coverage 35% 35% MarBuildbgHei#t(Ft) 36Ft 36Ft MA Building SetbecL (Ft) Front 25 40 Side (3) 30 Side (Street Facing) (3) 30 Rear (3) 30 1Ac. I 1Ac. None None 1ooFt. 1ooFt. 35% 35% 38Ft 36Ft. 50 40 (5) 15 20 (5) 40 30(5) 15 15 15) 5k I2OAc. loo00 None I sq.Ft. 20 (5) 30 (5) 1515) 20 15000 20000 sq.Ft. sq.Ft. 1OoR 1OoR (1) 605660% 50 Ft. 50 Ft (2) 25 35 15 20 (6) 15 25 (6) 20 25 (6) ~~ ~ ~~ ~- NO&= (1) (2) (3) (4) Oneacreminimumandthreeacremarimum. (5) (6) Lot width measd at the Gont bddiug s&ck line. Maximum building height is the lesser of two des or 36 feet, unless othesnise noted. 15 feet for 6mt two stones, 27 feet above two stories. Setback is the total of number of feet indicated plus one foot for each foot of height over two storiea. Additional perimeter or boundary setback of 75 feet required when abutting a residential zaning districL (Ord. NO. 17-2000, 8 87, 7-20-00) Sec. 78154. PUILPlanned unit development overlay diotrict (a) Purpose and intent. The PUD planned unit development overlay district is established to permit and encourage more e5cient and creative development or redevelopment of property; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically-pleasing living, shopping and working environments on properties of adequate size, shape and location; to preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas; to provide architectural and design features which are aesthetically pleasing and supportive of an enhanced quality of We; provide one or more specifically-identifiable benefits to city residents; and to ensure that development occurs according to limitations of use, design, Supp. No. 10 CD78:94 Date Prepared: March 11,2005 As Amended at Second Reading - 515105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 am ORDINANCE 6,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE POWERS AND DUTIES OF THE PLANNING, ZONING, AND APPEALS BOARD, THE CONDITIONAL USE REVIEW PROCESS, THE REVIEW OF DEVELOPMENT ORDER APPLICATIONS, APPLICATION PROCEDURES, AND PERMITTED USES, CONDITIONAL, AND ORDINANCES ENTITLED “POWERS AND DUTIES”; AMENDING “DEVELOPMENT REVIEW COMMITTEE”; AMENDING SECTION 78-43, CODE OF ORDINANCES ENTITLED “REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDER APPROVAL”; AMENDING SECTION 78-46, CODE OF ORDINANCES, ENTITLED CODE OF ORDINANCES ENTITLED “CONDITIONAL USES”; PROHIBITED USES; AMENDING SECTION 2-147, CODE OF SECTION 78-24, CODE OF ORDINANCES ENTITLED “APPLICATION PROCEDURES”; AMENDING SECTION 78-52, AMENDING SECTION 78-54, CODE OF ORDINANCES ENTITLED “PUBLIC NOTICE”; CREATING A NEW SECTION 78-56 TO BE SECTION 78-159, CODE OF ORDINANCES ENTITLED ENTITLED “APPEALS AND RECONSIDERATION”; AMENDING “PERMITTED USES, CONDITIONAL, AND PROHIBITED USES” TO MODIFY CERTAIN PERMITTED AND CONDITIONAL USES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 17, 2004 on June 3, 2004, nding the City advisory boards and committees in order to establish general policies and procedures and to update the purpose, powers and duties, and membership criteria for such boards and committees; and WHEREAS, the City Council has determined that it is necessary to amend the Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section 2-147 entitled “Powers and duties” to provide that further appeals from any final decision of the Planning, Zoning, and Appeals Board shall be made to the circuit court; and WHEREAS, the City Council adopted Chapter 78, Land Development Regulations, of the City Code of Ordinances through Ordinance 17, 2000; and WHEREAS, the City Council has determined that in order to expedite development application procedures and the review of applications for development order approval, it is necessary to amend the City Code of Ordinances, Chapter 78, Land Development Regulations, Section 78-24 entitled “Development review committee”; Section 78-43 entitled “Review of applications for development order approval”; Section Date Prepared: March I I, 2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 78-46 entitled “Application procedures”; Section 78-52 entitled “Conditional uses”; Section 78-54 entitled “Public notice”; and to create a new Section 78-56 entitled “Appeals and reconsideration”; and to amend Section 78-1 59 entitled “Permitted uses, conditional, and prohibited uses”; and WHEREAS, this Land Development Regulations amendment petition (LDR-OI- 02) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on January 11,2005, and the commission recommended approval by a vote of 7-0; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Code of Ordinances, Chapter 2, Division 6, “Planning, Zoning, and Appeals Board,” Section 2-147 entitled “Powers and duties” is amended to read: Sec. 2-147. Powers and duties; appeals. The City Council hereby authorizes the board to hold and perform the following powers and duties: (a) Review and make recommendations to the city council on site plans, master site plans for planned unit developments, planned community developments, and major amendments thereto. (b) Hold workshops and public hearings on development petitions presented to the board. (c) council. Review all requests for zoning changes prior to review of said changes by the city (d) Review and make recommendations to the city council on requests for annexation of lands into the city, together with requested land use and zoning of the annexed lands. (e) Act as the land development regulation commission to develop and recommend land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the city council regarding its findings. (f) comprehensive plan and future land use map revisions. Act as the local planning agency to develop and recommend to the city council 2 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (9) Hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city’s land development regulations. (h) Hear and decide on all variance requests in accordance with Section 78-53 of the city’s land development regulations. (i) The board shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. 0) Further appeals. An appeal may be made to the circuit court from anv final decision of the planninq, zoninq, and appeals board, provided the appeal shall be filed within 30 davs from the date of the decision. SECTION 3. Section 78-24, Land Development Regulations, entitled “Development review committee” is amended to read: Sec. 78-24. Development review committee. (a) Establishment. For the purpose of reviewinq. approvinq, or denving minor conditional use applications, T the development review committee consists of representatives of the city engineer, , growth management director, police chief, fire chief, public works director, and the building official, For maior conditional uses, the development review committee shall also include other city staff? or public service representatives appointed by the city manager. The growth management director or designee shall serve as chair of the committee. The committee shall have the following jurisdiction: (1) Review development order applications submitted pursuant to this chapter ensure that development order approvals are consistent with the requirements of the city’s comprehensive plan and codes. All development review committee meetinas shall be conducted as public meetinqs; (2) @ Provide specific comments regarding consistency of development order applications with the requirements of the city’s comprehensive plan and codes; am# (3)w Provide specific recommendations if an application is not consistent with applicable requirements,; and /4) Approve applications for minor conditional uses as identified in Section 78-159, Table 21. 3 Date Prepared: March 11 , 2005 Ordinance 6.2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 SECTION 4. Section 78-43, Land Development Regulations, entitled “Review of applications for development order approval” is amended to read: (Note: “. . .” indicates unchanged language omitted for brevity.) Sec. 7843. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and shall comply with all requirements of this chapter. ... (2) Public hearings and workshops. All applications for development orders to consider rezonings, maior conditional uses, development order amendments, and land development regulations text amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board -. ... (b) Planning, zoning, and appeals board workshops and public hearings. (1) Workshops. The planning, zoning, and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop meetings. Table 1 : Development Order Review Notes: A=Advisory Review DRC=Developrnent Review Committee Blank=Not Applicable DO=Development Order PZAB Planning, Zoning, and Appeals Board C=Completeness Review J =Technical Review CC=City Council D=Discretionary per Growth Management Director 0 =Decision Making Authority ... Note: Remaining rows of table have been omitted for 4 Date Prepared: March 11,2005 Ordinance 6,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Table 2: Development Review Schedule Notes: PZAB=Planning, Zoning, and Appeals Board Blank=Not Applicable MIN=Minimum D=Subject to Discretion of Growth Mgmt. Director DO=Development Order Var=Variance DRC=Development Review Committee J=Applicable Working Days are Monday through Friday (excluding city holidays) MAX=Maximum Misc. Rev=Miscellaneous Review - Pre-app J Submit Application J J Sufficiency Review Max 7 J J J J - - Staff Decision Max 14 J - DRC Review Min 14 J J DRC Approval/ No J J J Certification specific Amrov%/DeniaI limit AQiRz PZAB Workshop J c PZAB Public Meeting PZAB Public J J Hearing Council Public Meeting First Reading Council Wkxk&e@ J J Mf34-Q c c Council Second Min 10 J J Reading - (Note: ". . ." lndicates unchanged language omitted for brevity.) ... (3) Public hearing. 4 ' * , *The growth management department staff shall schedule a public hearing or public meeting to consider the application. Public notice shall be provided as required in section 78-54. ... 5 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (e) City council consideration. (1) Workshop meeting or first reading. After receipt of a recommendation from the planning, zoning, and appeals board, the city council shall schedule first reading. At such meeting, the city council shall consider the comments and recommendations from the planning, zoning, and appeals board, the growth management department staff, and the development review committee+Mf, as applicable. An application for development approval may be considered at one or more workshop meetings or regular meetings. ... (i) Withdrawal of develoment order amlication. A development order application shall be declared withdrawn in the event the apdicant has not responded within 30 days to a request from the qrowth manaaement director or desinnee. the planning, zonina and appeals board, or the citv council for additional information, plans. or other materials. The qrowth manaaement director may want one additional 30-dav period in which the applicant shall respond to the request for additional information or materials, but the applicant must request the extension prior to the expiration of the first 30-day period. SECTION 5. Section 78-46, Land Development Regulations, entitled “Application procedures” is amended to read: Sec. 7846. Application procedures. (a) Single Application. All properties within a single application must be contiguous or be the subject of separate application and filing fees. (b) Applications. All applications for development order approval shall be submitted to the growth management department. All applications shall be filed on forms provided for that purpose by the growth management department. All applications shall be accompanied by such supporting documentation as required by these land development regulations or by the growth management department. (c) Completeness Review. Within seven working days, excluding holidays, after receipt of an application, the growth management department shall determine that the application is complete or incomplete. .. (1) Complete application. -. A complete application includes the following: a. All information required to accompany the application; b. All information required is complete, prepared in accordance with professionally acceptable standards, and is consistent with the development order application; c. All fees required by the city; and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 11,2005 Ordinance 6,2005 d. The required number of copies. The growth management director shall notify an applicant in writing if the application is determined to be complete. (2) Incomplete application. If the The application is not complete, A itshall not be subject to further reviewT until all identified deficiencies have been remedied. The applicant shall be notified in writing mthe application is incomplete, and the specific deficiencies that have been identified. Within 30 days of the date of the notification, the applicant shall submit all information necessary to remedy the deficiencies. The director may waive the 30 day requirement if reasonable progress is being made to remedy the application. An application shall not be subject to further review until all deficiencies are remedied. Failure of an applicant to respond within the 30 days to a notice of deficiency shall void the application. (d) Development Review Committee. The development review committee (DRC) shall review all applications as provided herein. (1) DRC review. The qrowth management department shall forward the completed application to the members of the DRC, who shall : review the application and shall submit their comments and recommendations to the qrowth manaqement department director not less than 14 working davs followinq receipt of the complete application. Incomplete submittals bv applicants, review of environmental factors, lack of or incomplete responses to requests for additional information, complexitv of the amlication, or need for additional information may delav DRC review and comments. In reviewing the application, the members of the DRC shall consider the followina criteria: a. Conformity of the proposed development with the comprehensive plan, this chapter, and other applicable ordinances of the city; b. Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses; c. Natural and environmental resources present on the site; d. The nature of the proposed development, including land use types and densities; e. Compatibility with adjacent land uses; f. Conformity with traffic performance standards; g. Impact on public safety services; 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 h. i. Date Prepared: March 11,2005 Ordinance 6,2005 Impact on public schools, unless otherwise addressed as a requirement of the city's concurrency management system; and Other applicable factors and criteria prescribed by the city. (32) Request for additional information. When an application has been considered by the DRC, additional information regarding the application may be requested. a. b. The requested information shall be submitted by 12:OO noon at least seven working days, excluding holidays, prior to the next scheduled DRC or planning, zoning, cxmmksh and appeals board meeting, as applicable. When the additional information requires the review of the city engineer, the information shall be submitted by 12:OO noon at least 15 working days, excluding holidays, prior to the next scheduled DRC or planning, am4 zoning, emmkkw and appeals board meeting, as applicable. (43) DRC certification and approval. Certification of an application by the development review committee is contingent upon such factors as a complete application, compliance with all comprehensive plan and land development regulation requirements, receipt of all requested additional information, and satisfaction of all comments. Certification of an application by the development review committee is mandatory prior to any further processing of a development order application. After an application for a maior conditional use is certified bv the development review committee, the application shall be scheduled for a public hearinq before the planninq. zoning. and appeals board. [4) In the review of minor conditional use amlications, the development review committee shall approve, with or without conditions, or denv the amlication. Followinq a decision bv the development review committee, the qrowth management director shall issue a written order consistent with the decision of the DRC. ... (The remainder of Section 78-46 is omitted for brevity,) 8 Date Prepared: March 1 1 2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 6. Section 78-52, Land Development Regulations, entitled “Conditional uses” is amended to read: Sec. 7862. Conditional uses. [a) Cateuories of conditional use review. The followina cateaories of conditional use review are established: (1 Maior conditional uses: and /2) Minor conditional uses. /b) Major conditional uses. Development order applications for maior conditional uses shall be reviewed bv staff and the development review committee. Following a public hearinq. the planninq. zoninq, and appeals board shall make a recommendation of approval, approval with conditions, or denial to the citv council. The citv council shall hold a public hearinq prior to approvinq. approvinq with conditions, or denying the maior conditional use. (1) Reconsideration. Anv maior conditional use which has been denied bv the city council shall not be eliaible for reconsideration for 6 months from the date the application was denied, unless there has been material change to the application as determined bv the urowth manaqement director. IC) Minor conditional uses. Development orders for minor conditional uses shall be reviewed bv staff and the development review committee. The development review committee shall approve, with or without conditions, or denv the application. Followinq a decision bv the development review committee. the growth manaqement director shall issue a written order consistent with the decision of the development review committee. (1) Public notice. a. The applicant shall obtain from the Palm Beach Countv property appraiser’s office a certified Property owners’ list of all property owners within 500 feet of the site affected bv the minor conditional use. The applicant shall be responsible for composing and mailing or hand-delivering at least 15 davs before the scheduled development review committee meetinu the reuuired public notices to the property owners affected bv the minor conditional use. The applicant shall submit an affidavit to the urowth manaqement department director statinq such notices were sent to all propertv owners within the desiqnated area. b. The city clerk shall post a notice in a public place at the citv hall complex at least 15 days before a scheduled development review committee clivinq the date and time of the meetinu and the items to be considered. 9 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12) Appeal Procedure. Appeals from a decision bv the development review committee shall be made throuqh the srowth manasement department to the planninq, zoninq, and appeals board within 30 calendar davs of issuance of the written order. Appeals shall be scheduled for the next available agenda of the planninq, zoninq, and appeals board within 30 davs from date of receipt of the appeal. Appeals from a final decision of the board shall be made within 30 calendar davs of such decision and shall be filed with the Circuit Court of the Fifteenth Judicial Circuit. /3) Reconsideration. Any minor conditional use which has been denied by the development review committee shall not be eliaible for reconsideration for 6 months from the date the application was denied, unless there has been material change to the application as determined bv the srowth manaaement director. (d)(aj Criteria. In addition to the application requirements listed above, a development order application for a minor or maior conditional use approval shall demonstrate compliance with the criteria listed below. ... le) 0 Enforcement. In addition to the provisions of chapter 2 of the city code, conditional uses are subject to the enforcement procedures listed below. (1) Revocation. The city council shall have the power to revoke maior conditional uses for noncompliance with conditions of development approval. The arowth manaqement director shall have the power to revoke minor conditional uses for noncompliance with conditions of approval. (2) Removal. a. b. Maior conditional uses. The city council shall have the right to compel removal of offending structures or uses that are accessorv to or part of the maior conditional use at the cost of the violator and may record a lien against the property to recover its costs. Minor conditional uses. The growth manaqement director shall have the rhht to compel removal of offendinq structures or uses that are accessory to or Dart of the minor conditional use at the cost of the violator and mav record a lien aqainst the Dropertv to recover its costs. (3) Inspections. The growth management department shall review and inspect conditional uses to ensure compliance with conditions of approval. Fahe-b 10 Date Prepared: March 11,2005 Ordinance 6,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a. All minor conditional uses which fail to complv with any or all conditions of approval shall be reported to the growth manasement director. The report shall specifv the manner in which the landowner is not complvinn with one or more conditions of approval. The srowth manasement director mav: 1. Request timelv compliance with the conditions of approval; 2. Direct initiation of code enforcement proceedinqs pursuant to article VI1 of this chapter: or 3. Initiate the lenal action and procedures necessary to revoke the minor conditional use. - b. All maior conditional uses which fail Faikwe to comply with any or all conditions of approval shall be reported in writing to the city council. The report shall specify the manner in which the landowner is not complying with one or more conditions of approval. The city council, upon receipt of the written report, may: 1. a. Request timely compliance with the conditions of approval; 2. kk Direct initiation of code enforcement proceedings pursuant VII: or to article 3. - 6. Initiate procedures to revoke the maior conditional use. If the city council initiates procedures to revoke the maior conditional use, a hearing on the report shall be scheduled within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner. If the city council finds that the facts alleged in the report are true, and that the landowner has not taken the steps necessary to fully comply with the conditions between the date of the report and the date of the hearing, the city council may authorize the city manager to revoke the maior conditional use. The city council also may authorize the city manager and take the necessary legal action to terminate the maior conditional use and all uses authorized by that approval. ffl Prior conditional uses. Anv land use which was lenallv established prior to (date of adoption of this ordinance). and thereafter is classified bv this chapter as a maior or minor conditional use, will be considered a legal nonconforminq use. /1) Amendments to prior conditional uses. Conditional use amendment applications shall be reviewed in the same manner as required bv this section and as determined by the maior or minor conditional use cateqories identified in Section 78-159, Table 21, Chart of Uses. SECTION 7. notice” is amended to read: Section 78-54, Land Development Regulations, entitled “Public 11 Date Prepared: March 11,2005 Ordinance 6, 2005 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 78-54. Public notice. (a) Public notice. Public notice, including mail notice, posting of property, and newspaper advertising, shall be provided as required below and as indicated in Table 4. In the event of a conflict between the table and the text, the requirements of the text shall prevail. Table 4: Required Public Notice for Public Hearings ... (The preceding rows of Table 4 have been omitted for brevity.) mr 10 Days 10 Days 75 Days 70 Days 10 Days 70 Days Conditional Use I51 - Minor 15 davs I 15 Davs (5) Conditional Use -- - -_ *** (The remaining rows of Table 4 have been Omitted for brevity.)*** Notes: (1) Number of calendar days prior to date of public hearing. (2) Second public hearing held at least ten days after first public hearing. (3) The first public hearing must be held on a weekday, and both public hearings must be held after 5:OO p.m. unless otherwise determined by the city council. (4) Public hearings must be held on a weekday. [5\ Public notice for develoDment review committee meetinas require Dostinn at the citv hall comDlex onlv. SECTION 8. Section 78-56, Land Development Regulations, is created to read: See. 78-56. Appeals and reconsideration. (a) Appeals. Appeals from a final decision of the planning, zoning, and appeals board or the city council shall be made within thirty calendar days of such decision, and shall be filed with the Circuit Court of the Fifteenth Judicial Circuit. (b) Reconsideration. (1) Rezoning. Any parcel, or substantially the same parcel, which is the subject of a rezoning which has been denied by the city council shall not be eligible for reconsideration again by the planning, zoning, and appeals board or the city council for a rezoning to the same classification for one year from the date such application was denied by the city council, unless there has been material change to the application as determined by the growth management director. 12 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (2) Other development orders. Any parcel, or substantially the same parcel, subject of an application for development order approval, including any form of conditional use, major or minor site plan review, or development order amendment, which has been denied by the development review committee, the city council, or the planning, zoning, and appeals board, shall not be eligible for reconsideration by that body for six months from the date the application was denied, unless there has been material change to the application as determined by the growth management director. SECTION 9. Section 78-1 59, Land Development Regulations, entitled "Permitted uses, conditional, and prohibited uses" is amended to read: Sec. 78-159. Permitted uses, minor and maior conditional uses, and prohibited uses. (a) Permitted, minor conditional, major conditional, and prohibited uses. Permitted uses, minor conditional, maior conditional uses, and prohibited uses are established in Table 21. The use of all new or existing buildings, structures, and properties shall conform with the requirements of Table 21. Additional standards applicable to certain uses are indicated in this table. For the purposes of this article, uses shall be defined as indicated below. (b) Permitted uses. Any use allowed as a matter of right in a zoning district, subject to review by city staff and compliance with all requirements contained in this chapter. (c) Conditional uses. (1) Maior conditional use. Any use that may be allowed, subject to review and consideration by the planning, zoning, and appeals board and city council as provided in this chapter. (2) Minor conditional use. Any use that may be allowed, subject to review and consideration by the develoDment review committee as provided in this chapter. (d) Prohibited uses. Any use not listed as a permitted use, minor conditional use, or maior conditional use in Table 21 , or not recognized as a similar use, is a prohibited use and shall not be established. (e) PGA Boulevard overlay corridor. Permitted and prohibited uses within the PGA overlay corridor are established in division 2 of article V, and shall pre-empt any permitted or conditional uses allowed herein. 13 Date Prepared: March 1 1,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 31 (f) Similar uses. A use not listed in Table 21 , but possessing similar characteristics, including, but not limited to size, intensity, density, operating hours, demands for public facilities such as water and sewer, traffic impacts, manufacturing and business practices, may be established upon approval by the growth management director. Such uses shall be subject to all requirements of the uses to which they are similar. Appeals of such determinations shall be made to the planning, zoning, and appeals board. The growth management director shall notify the city manager, in writing, of all decisions regarding similar uses. (9) Variances. A variance from the additional standards applicable to certain uses established herein shall not be granted by the develoDment review committee or the planning, zoning, and appeals board. (h) Waiver. A waiver from the additional standards applicable to certain uses established herein may be granted by the city council as part of approval of a planned unit development or planned community district, subject to the requirements of section 78-1 58. ... Table 21: Permitted, Conditional, and Prohibited Use Chart Notes: P = Permitted Use Blank = Prohibited PUDs and PCDs = Permitted Uses by Development Order Approved by City Council C = Minor Conditional Use C*= Maior Conditional Use LI RE RRlO RR20 RL1 RL2 RL3 RM RH RMH PO CN CGI CG2 CR MI M1A M2 P8l CONS PDA Note CATEGORYNSE RESIDENTIAL Wlo Home Residential Home, Type I (6 01 less residents) 14 Date Prepared: March 11,2005 Ordinance 6, 2005 CG2 CR M1 M1A M2 PBI - C - C - C' - c' CONS PDA Nots 3 Date Prepared: March 11,2005 Ordinance 6,2005 16 CATEGORYNSE Restaurant Fast Food (with OT wlo hthmugh) Restaurant Spsdalty Restaurant QuaUty Rsstaumt Take PERSONAL SEW Animal Boarding Kennel AuWruck Fleet Maintenance shops and Garages MRldrBody RepaC Sh~p AubtnaWSet Serve Car Wash BanklFimmdal InsLiMim w/Drive Through BanWmancid lnslitution w/o Drive Through Banquet Facility and Vocational Storage Yard Date Prepared: March 11,2005 Ordinance 6, 2005 17 Date Prepared: March 11, 2005 Ordinance 6, 2005 mi0 PP I I nd Mutt Electronic Repair ma Exterminalion Funeral Home Fitness, Weight Hwsekeeping and Janitorial Senrices Laboratory, General Labaratwy, Dental or Medical Laundry, set service Laundry and dry- cleaning Pickup stauon Laundry, Linen Suppty and Cleaning Service LockSmith Machine shop Mail and Packng Store, Private Marina, Commercial Marina, private MooringwDock knaoe 1- M1A - P E - P P - - P - P - c 18 - C - c' PP P P P P P PP Professiond and Uniumily, Public cu Mate Date Prepared: March 1 1,2005 Ordinance 6, 2005 PDANote 42 43 44 45 19 Date Prepared: March 1 1, 2005 Ordinance 6, 2005 Bulldns SUPPIY, mlesale Fb&t Food Products. Wholesale Storage and Sales wholesale and Warehwsing, General INDUSTRIAL AND MANUFACTURING 20 Date Prepared: March 11,2005 Ordinance 6, 2005 Agrkubre Excavation and F1, and eOrrow Pit Operations OTHER Accc#soryuses P P P P P P P P P P P P 21 Date Prepared: March 11,2005 Ordinance 6, 2005 RE RRIO WO RL1 RL2 RL3 RM RH RMH PO CN CGi CG2 CR M1 MIA M2 P81 CONS CATEGORYNSE Mobile Home, cccc csccc Tsmpoarv PDA Note c 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (j) Additional standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (Note: ". . . " indicates unchanged language omitted for brevity.) ... (IO) Auto rental, accessory. Accessory auto rental shall be permitted in conjunction with an approved hotel or motel use, and shall comply with the standards provided below. a. The storage of automobile rentals and storage of inventory may be permitted as a minor conditional use in conjunction with an approved hotel use of not less than 100 hotel rooms. ... (1 1) Auto service station. Auto service station shall include sale of gasoline and diesel products, auto parts and accessories, and repair of vehicles. May include auto repair, subject to the restrictions contained within this section for such use. Auto repair facilities shall comply with the standards listed below. ... d. Sale of convenience items, including food, beverages, tobacco products, etc., in an existing, new, or converted auto service station requires maior conditional use approval. ... 22 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (12) Auto tire sales and installation. Auto tire sales and installation shall be allowed as a maior conditional use in CGI zoning districts and a Dermitted use in CG2 zoning districts. Auto tire sales and installation include sales, installation, repair and maintenance of tires and accessories, and front end alignment, wheel balancing, and similar tasks. The use may include sale and installation of batteries, shock absorbers and struts, oil and fluid changes, brake repair and replacement, and installation of mufflers and tail pipes. Bay doors shall not be oriented toward public rights-of-way or residential zoning districts. However, bay doors may be so oriented if visibility from a public right-of-way is completely and permanently screened by a building, opaque masonry wall, or a similar fixed structure. (13) Convenience stores with gas sales. Convenience stores with gas sales are stores which sell convenience food items, including food, alcoholic and non-alcoholic beverages, snacks, tobacco products, ice, and frequently-needed household items. Convenience stores with gas sales shall comply with the standards listed below. ... e. Co-location of fast food restaurants with convenience stores may be permitted as a minor conditional use subject to the following: ... (25) Showroom, general. General showroom is an establishment where merchandise or services are displayed for advertising or sale purposes. Showrooms shall comply with the standards listed below. ... b. The merchandise or services displayed, advertised, or sold shall be consistent with the manner in which uses are established in these land development regulations as permitted uses, minor conditional uses, or prohibited uses. ... (29) Bank or financial institution. Bank or financial institution with more than four drive: through windows shall be a maior conditional use. ... .. .. /32) Reserved. ... (40) Marina, commercial and residential docks. a. Marinas are permitted as a-maior conditional uses in certain residential and nonresidential districts, and may be approved as an element of a planned development. Any uses associated with marinas, such as fueling, repairs and maintenance, retail sales, hauling and storing, and yacht club facilities may be permitted within certain districts, as provided below. 23 Date Prepared: March 11,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 3. In residential districts, fueling may be allowed as an ancillary use if approved as a maior conditional use. ... In CG-1, CG-2, PUD, and PCD zoning districts, accessory uses may include marinas offering permanent, seasonal, or transient live aboard accommodations. Marinas offering such accommodations shall provide hookup service to approved onshore potable water sources and wastewater treatment systems, if approved as part of a maior conditional use. ... (44) Self service storage. Self service storage facilities shall comply with the standards listed below. a. Individual storage areas shall not exceed 400 square feet. b. Security or caretakers quarters may be established as an accessory use, shall not exceed 1,000 square feet, and shall be utilized only by an employ of the facility. c. Storage of boats and recreational vehicles may be allowed, subject to the following: 1. Storage shall occur only within a designated area, approved as part of the overall site plan; 2. Storage area shall not exceed 25 percent of the lot area of the site; 3. Boats shall be stored on trailers with wheels; and 4. Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the city, at least six feet in height. d. Self storaqe buildings shall have architectural features and patterns that provide visual interest. Facades shall be designed to reduce the mass/scale of the self storaQe buildinq. Building wall articulation, including fenestrations, proiections, recesses, and changes in floor level shall be used to add architectural interest and varietv, and to relieve the visual effect of blank walls or larue areas of a plain appearance. 24 Date Prepared: March 11,2005 Ordinance 6,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e. If other buildinak) exist on site, or are proposed to be located on site, the self storage buildina shall provide massina elements to provide a transition between the existing buildings of lower heiqht. The self storaqe building shall consist of the same architectural style of the existinq. or Proposed, building(s1. f. Variations in roofline shall be required to reduce the mass of the self storage buildina. Roof features shall be in scale with the mass of the buildina and comDlement the character of adioinina andlor adiacent buildinqs and n eiq h bo rhood s. g. Gutters and downspouts, if utilized, shall be painted to match the surface to which they are attached. h. Self storaqe buildinas shall meet a minimum of five of the followinq desiqn treat me nts: 1. Canopies or porticos, integrated with the buildinqs massinq styles; 2. Overhangs proportional in size to the mass of the building; 3. Arcades, with a minimum eiqht-foot width; 4. Pitched roof forms over substantial portions of the building’s perimeter including gable and hip roofs; 5. Ornamental and structural architectural details; 6. Decorative tower features; 7. Appreciable vertical and horizontal breaks of the plane of the buildinq; and 8. Exterior arched treatment on at least two sides of the buildina i. All self storage bays shall be 100% indoor. Outdoor storage is prohibited within CG-1 and CG-2 zonina districts. ... - (48) Veterinary office and clinic. Veterinary offices and clinics e3c6k1$86 &kes with kennels &/or overnight boarding facilities shall not be allowed unless soundproofed and approved as a minor conditional use. (49) Churches and places of worship shall comply with the standards provided below. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a. b. d. Date Prepared: March 11, 2005 Ordinance 6, 2005 Less than 1,000 permanent seats or approved capacity may be located as a maior conditional use in any residential zoning district, and in CG-1, CG-2, and P&l zoning districts. More than 1,000 permanent seats or approved capacity may be located as a maior conditional use in the following districts: CG-1 , CG-2, PI, M-1 , M-?A, and M-2. ... The following uses may be included within any maior conditional use approval granted by the city council to establish a church or place of worship, or as an additional maior conditional use operating as part of the facility: 1. School, elementary or secondary; 2. Day care, child; 3. Day care, adult; 4. Assisted living facility; and 5. Monastery or convent. ... (54) Schools, public or private. Public or private schools are public or private elementary or secondary schools conducting regular classes with a course of study approved by the Florida Department of Education. All schools shall comply with the standards listed below. a. Shall conform to all city concurrency requirements. b. Shall connect to public water and sewer treatment systems, or other systems approved by the city and the county health department. c. Shall be approved as a rnaior conditional use. ... (62) Utility plant and major substation. Water treatment, sewer treatment, electric, gas, or other utility plants and major substations are permitted as a rnaior conditional use in the following zoning districts: PII, PDA, CONS, MI, MlA, and M2. Utility plants and major substations shall comply with the standards listed below. ... (65) Agriculture. Agriculture does not include the following: commercial feed lots, raising or sale of fur-bearing animals, riding academies, livery or boarding stables, or dog kennels. All aqricultural uses existing as of (the date of ordinance approval) are 26 Date Prepared: March 1 I, 2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 permitted to continue. Anv proposed expansion of existing asricultural uses or proposed chanae that increases the imDacts of the existins asricultural uses, includina but not limited to. those which require removal of anv environmentallv sianificant lands {udand and wetland). requires a maior conditional use approval. (66) Excavation and fill, and borrow pit operations. Excavation and fill, and borrow pit operations shall comply with the standards provided below. ... b. d. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. ... 2. Borrow pit operations may be allowed upon application to the city and approval by the city council as a maior conditional use, in accordance with the provisions of division 1 of article Ill of this chapter. ... Permits, plans and specifications, surety, and permit fees for borrow pit operations. Borrow pit operations may be allowed, subject to the requirements listed below. 1. Before borrow pit operations begin, the owner, the lessee, or an authorized agent of the owner or lessee of the affected property shall obtain approval and a permit for a maior conditional use, as well as all applicable counties, water management districts, state, or federal permits. ... (67) Mobile home, temporary. The temporary minor conditional use of a mobile home may be authorized by the 4tyexmd development review committee when such use is necessary and incidental for maintaining security in remote or isolated areas of the city or areas reasonably inaccessible to regular police patrol or where reasonable regular police patrol cannot be maintained due to the vastness of an area. ... (68) Recreational uses, accessory. Any parks, playgrounds and play fields, or recreational or community structures maintained by any property owners' association are permissible maior conditional uses in any zoning district. ... SECTION IO. Codification of this Ordinance is hereby authorized and directed. SECTION 11. This Ordinance shall become effective immediately upon adoption. 27 Date Prepared: March 1 1,2005 Ordinance 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSEDthis 7” dayof @&L , 2005, upon first reading. PASSED AND ADOPTED this P’’ day of plw, ,2005, upon second and final reading. CITY OF PALM BY: - Vice Mayor Eric Jablin U -- J/ AGAINST ABSENT ATTEST: BY: APPROVED AS TO FORM AND LE GAL SUFFICIENCY BY Christine P. Tatum, City Attorney G:\altorney-share\ORDINANCES\conditional uses - ord 6 2005-as amended at 2nd rdng.doc 28 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 MARCH 30 AND 31, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has taken a leadership role 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 3 1 2001 which was attended by local officials representing various local governments and other groups in northcrn 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 I 56,200 1 1 I n i -3 October 19,200 1 --I P PASSED AND ADOPTED THIS / DAY OF m-& 2001 . RUSSO AND SUFFICIENCY: /-=--@& LEONARD RUBIN CITY ATTORNEY MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO g:\sc\resoI\trafsummit Resolution 156,2001 AYE f 2 NAY ABSENT +i’, .’ ‘5 EXHIBIT “A” NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT I 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 enby 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 Constricted roadway at lower level of service (CRALLS) Lack of connectivity Disincentives for collaborative work Defining reasonable standards for capacity Modes of Transportation Lack of bding Lack of meaningful bus service Lack of optional routes Cars needed to perform routine tasks Mass transit not used or accepted NORTHERN PALM BEACH COUhTY TRAFFIC SUMMIT, MARCH 30 & 31,2001 FlNAL REPORT Winchester Courts Home Owners Association Road Committee c/o Donald Gibson 1 1564 Winchester Drive Palm Beach Gardens, FL 33410 Charles Wu c/o The City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 September 27,2005 Dear Charles, In reference to Parcel 5A, Winchester Courts HOA would like to request the following: That a 100 foot buffer of thick vegetation, starting at the East end of the bridge and continuing to the East end of the lake and abutting the preserve, be planted as per DOT specs for a buffer zone to mitigate noise. We feel very strongly about requesting this, as we were not notified publicly nor individually about a road and bridge being built between A1A and Military Trail from the City of Palm Beach Gardens, nor from Catalfumo Construction. Neither were we informed nor asked about the road in reference to where it should be built, how it should be built or any type of buffering that may be used to mitigate the noise level that would be impacted upon us by the truck and car traffic coming from the industrial site that was being proposed. There was, however, a twelve-acre buffer that was brokered for single family dwellings (Garden Woods). Had we been informed of this, we would have requested that buffer to be extended down the full length of the lake, to include protecting Winchester Courts from the impending traffic noise. As it stands now, there is an approximate 58 foot buffer, excluding 150 feet near the bridge, which is the closest area to the Winchester Court homes. Here it tapers to only 12-15 feet of sloping land, with no buffer offered. The 100 foot buffer has been suggested by the Florida Audubon Society and the Florida Fish and Game Commission, who has been onsite to peruse the nests of water fowl and birds in the immediate area. When we appeared in front of the Town Council and Dan Clarke, the City Engineer, at our meetings in the Spring of this year, they asked that we request a buffer at this time, when it will go before the Zoning and Planning Board. This is all recorded in the minutes of those meetings, as well as all correspondence between the City of Palm Beach Gardens and the Winchester Courts HOA. Thank you for your attention to this and we look forward to your immediate reply. Sincerely, Winchester Home Owner’s Association Road Committee CITY OF PALM BEACH GARDENS SEP 2 8 2005 PLANNING & ZONiNG DEPT, W rn W 9 4 c c: - I. ,. c 3. P a !T 9 4 4 P; :: I i , Ir a , i 9 .. 6 R P c) rn -I rn ? 1" z z c) E r 5 v1 r- VARIES ,&I) - CLEAR TRUNK (CT) HEIGHT ? i z z c) T1 2 r 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 34,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING A PARCEL OF LAND CONSISTING OF 78.96 ACRES, GENERALLY BOUNDED BY WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE AIA TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESEARCH AND LIGHT INDUSTRIAL PARK (MI) AND PLANNED DEVELOPMENT AREA (PDA) ZONING DESIGNATIONS TO A PLANNED COMMUNITY DISTRICT OVERLAY (PCD) ZONING DESIGNATION WITH AN UNDERLYING ZONING OF RESEARCH AND LIGHT INDUSTRIAL PARK (MI), TO BE REFERRED TO AS THE “PGA CORPORATE CENTER PCD”; AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. INTERSTATE 95 RIGHT-OF-WAY AND MILITARY TRAIL TO THE WHEREAS, the City has received a request from Mr. Ryan Johnston of Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, LLC, for approval of a rezoning from Research and Light Industrial Park (MI) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with a Research and Light Industrial Park (MI) underlying zoning designation for a 78.96-acre parcel generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods residential developments to the north, Alternate AIA to the east, and PGA Boulevard to the south, as more particularly described herein; and WHEREAS, the subject site is currently zoned Research and Light Industrial Park (MI) and Planned Development Area (PDA) and has a land-use designation of Industrial (I); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on October 11, 2005, and has recommended approval of the rezoning to the City Council with a vote of 7-0; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19, 2005 Ordinance 34, 2005 WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from Research and Light Industrial Park (MI) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with an underlying zoning designation of Research and Light Industrial Park (MI) to be referred to as the "PGA Corporate Center PCD": LEGAL DESCRIPTION: ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE NORTHERLY LIMITED ACCESS RIGHT OF WAY LINE FOR SAID INTERSTATE OF THE FLORIDA EAST COAST RAILROAD. LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK 18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORl DA. CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a la 28 Date Prepared: October 19,2005 Ordinance 34, 2005 SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the Applicant or Applicant’s agent(s) at any workshop or public hearing. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: October 19,2005 Ordinance 34,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this !'?'day of &lo V@6M , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlClE NCY Christine P. Tatum, City Attorney \\Pbgsfile\ ttorney\attorney-share\ORDI N JCESEA - on 3 FOR AGAINST ABSENT 2005.doc 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 166,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER CENTER PLANNED COMMUNITY DEVELOPMENT (PCD) MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE AIA TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF OFFICE USE AND 600,000 SQUARE FEET OF LIGHT INDUSTRIAL USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND WHEREAS, the City has received a request from Mr. Ryan Johnston of Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, LLC, for approval of a master development plan for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods residential developments to the north, Alternate AIA to the east, and PGA Boulevard to the south, as more particularly described herein, to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; and WHEREAS, the subject site has a Planned Community District Overlay (PCD) zoning designation with an underlying zoning designation of Research and Light Industrial Park (MI) and has a land-use designation of industrial (I); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its October 11 , 2005, meeting and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: October 19, 2005 Date Prepared: October 19, 2005 Resolution 166,2005 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The master development plan application of Mr. Ryan Johnston, of Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida, LLC, is hereby APPROVED on the following described real property, to permit the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods residential developments to the north, Alternate AIA to the east and PGA Boulevard to the south, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD. LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK 18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLO R I DA. CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19,2005 Resolution 166, 2005 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby Section 78-506, Sidewalks, to allow a sidewalk on only the south side of Kyoto Gardens Drive. Section 78-563, Lake maintenance tracts, to allow for landscaping within the Lake Maintenance Easement (LME) on the south side of the lake as reflected on the approved site plan. approves the following two (2) waivers: 1. 2. SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoninq 1. At the time of platting, the Applicant shall dedicate a IO’ x 30’ easement along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days of a written determination from Palm Tran or the City Council that a bus/trolley shelter will be utilized on the subject site, the Applicant, its successors, or assigns shall submit an application for an administrative approval to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council’s previous approval of such shelters. The Applicant, its successors, or assigns shall be responsible for the construction of a bus shelter in a timely manner to accommodate Palm Tran’s or the City’s needs for the bus shelter. The bus shelter shall be constructed within six (6) months of the approval of the administrative amendment, unless another time frame is established in the administrative approval. (Planning & Zoning) 2. Prior to the issuance of each permit for vertical construction, the Applicant shall contribute one percent (1%) of the construction cost of the building(s) towards art in public places regardless of whether or not said building(s) exceeds the $1,000,000 threshold for vertical construction costs. Prior to the issuance of each permit for vertical construction, the Applicant shall submit to the City documentation showing that a deposit was made with the developer’s attorney into an escrow account in an amount of money equal to the art fee. All of the art in public places funds collected on the Property shall be utilized to create an art piece or series of art pieces that satisfy the art in public places requirements for all buildings on site. Said art shall be approved by the City in accordance with the provisions of the LDRs; shall be installed at the intersection of Kyoto Gardens Drive and RCA Center Drive, subject to the approval of the City Engineer and City Forester, unless otherwise determined by the Art in Public Places Advisory Board and the City Council; and shall be installed prior to the last Certificate of Occupancy on site. The parcels adjacent to the intersection shall dedicate an easement 3 Date Prepared: October 19, 2005 Resolution 166, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. 4. 5. 6. 7. on each lot for art in public places at the corners of the intersection during the replat process for the parcels. The size of the easement shall be determined during the site plan review process. Should the Applicant choose not to provide the art on site, the Applicant shall instead contribute the required funds to the City’s art account. If the Applicant chooses the option of providing art funds, (1) the Applicant shall provide notification to the City in writing that it has chosen the art funds option prior to the issuance of the first building permit for vertical construction; (2) the Applicant will have no input in the use of such funds; and (3) the art in public places easements shall be abandoned. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy on site, the Applicant shall obtain approval of a Master Signage Program for the Property. (Planning & Zoning) The Applicant shall provide vehicular connections between sites so that vehicles parked within the site that wish to access RCA Center Drive may do so without having to utilize Kyoto Gardens Drive. (Planning & Zoning) The development on site shall be limited to a maximum of 600,000 square feet of light industrial use and a maximum of 240,000 square feet of office use. Any proposed increase in the office square footage that is determined by staff to meet the thresholds established in the Florida Statutes for Development of Regional Impact review shall be accompanied by a Letter of Interpretation from the Florida Department of Community Affairs confirming that the project is not required to undergo Development of Regional Impact review. Any increase in the office square footage shall also be subject to review by the City Council. (Planning & Zoning) Prior to the issuance of each occupational license or building permit for interior improvements to tenant spaces, the Applicant, its successors, or assigns shall submit a breakdown, by use (office, industrial, and any ancillary commercial), of the gross square footage within the PCD for approval by the Planning and Zoning Division. (Planning & Zoning) Retail sales and consumer services establishments are allowed only as accessory uses to any permitted or conditional use within the MI zoning district. However, the commercial uses shall not occupy more than five percent (5%) of the gross floor area of all buildings within the development. (Planning & Zoning) 4 Date Prepared: October 19, 2005 Resolution 166, 2005 1 8. 2 3 4 5 6 7 8 9 9. 10 11 12 13 14 15 16 IO. 17 18 19 20 11. 21 22 23 24 25 26 Landscapinq 27 During the period of effectiveness of this development order, the Applicant shall annually provide the City with a status report on all the approved elements of the PCD, including a summary of completed construction, a schedule of proposed construction over the remaining life of the development order, and verification of compliance with all conditions of approval. The annual report should be provided each year prior to the anniversary date of the approval of this Resolution. (Planning & Zoning) Prior to the issuance of first Certificate of Occupancy on site or within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, whichever comes first, the Applicant shall install at least two (2) fountains within the lake, to the satisfaction of the City Engineer, at locations approved by the Growth Management Administrator. (Planning & Zoning, City Engineer) The Public Access Easements that provide access to certain parcels from Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum width of five (5) feet. (Planning & Zoning) Applicants requesting site plan approval for the individual parcels within the PCD shall send public notices via regular mail to all property owners within 500 feet of the PCD boundaries at least ten (IO) days prior to any Planning, Zoning, and Appeals Board or City Council meeting at which said site plan application will be heard. (Planning & Zoning) 28 12. 29 30 31 32 33 34 35 36 13. 37 38 39 40 41 42 14. 43 44 45 46 BY (sixty (60) days from the date of this approval), the Applicant shall submit a landscape plan, to the satisfaction of the City Forester, for (1) the supplemental landscaping within the ten (IO) acre preserve and the landscape buffer on the north side of Kyoto Gardens Drive; and (2) the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property. (City Forester) Within six (6) months of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the ten (1 0) acre preserve in accordance with the landscape plan for the same approved by the City Forester. (City Forester) Within sixty (60) days of the acceptance of the Kyoto Gardens Drive construction by the City, the Applicant shall remove the exotics from and install the supplemental landscaping within the buffer on the north side of Kyoto Gardens Drive adjacent to the lake in accordance with the landscape plan for the same approved by the City Forester. (City Forester) 5 1 15. 2 3 4 5 6 7 8 9 10 11 12 16. 13 14 15 16 17 18 19 20 21 22 17. 23 24 25 26 27 28 29 18. 30 31 32 33 34 35 36 Date Prepared: October 19, 2005 Resolution 166, 2005 Prior to any clearing within the individual development parcels within the Property, the Applicant shall obtain a Clearing Permit from the City Forester. The clearing of the individual parcels shall not occur until such time when the site plan and plat for the specific parcel are approved by the City Council, and infrastructure construction plans for the parcel are approved by the City Engineer. Notwithstanding the foregoing, the Applicant may obtain a Clearing Permit from the City Forester to clear portions of the individual parcels prior to the approval of the site plan and plat for the specific parcel, which clearing shall be strictly for the purposes of road and/or public infrastructure construction. (City Forester) The Applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within (1) the portion of Kyoto Gardens Drive from Military Trail to Alternate AlA; (2) the portion of RCA Center Drive extending from Kyoto Gardens Drive to the northern boundary of the RCA Center PUD located to the south of the Property; (3) the western road shoulder and one-half (1/2) of the median of Alternate AIA from PGA Boulevard to the northern boundary of the Property; and (4) the northern road shoulder and one-half (1/2) of the median of PGA Boulevard from Alternate AIA to Interstate 95. (City Forester) The landscaping within the road shoulder and medians of Kyoto Gardens Drive and RCA Center Drive located within the Property, as well as the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property, shall be completed when the construction of said roads are accepted by the City. (City Forester) In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the PGA Corporate Center Property Owners Association, its successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) 37 Engineering 38 39 19. The build-out date for this project is December 31 , 2005. (City Engineer) 40 41 20. Prior to the issuance of the first land alteration permit, the Applicant shall 42 provide written authorization from all appropriate utility agencies for the 43 construction/land scapi ng/l ig h t i ng within the respective utility ease men ts . 44 (City Engineer) 45 46 6 Date Prepared: October 19,2005 Resolution 166, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 21. 22. 23. 24. 25. 26. 27. 28. Prior to the issuance of the first Certificate of Occupancy, reflectors per FDOT Index 17349 shall be constructed at the temporary dead end of the north-south roadway within Parcel 5A (if the roadway construction is not fully completed to the south). (City Engineer) Prior to the issuance of the final Certificate of Occupancy, the Applicant shall construct littoral zones at the locations shown on the PCD Master Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake bank, shall be a shelf with a slope no steeper than one (1) foot vertical to ten (IO) feet horizontal (1:lO) to a distance no deeper than two (2) feet below the control elevation. (City Engineer) All trees planted within the littoral zone areas shall be restricted to the 1O:l littoral shelves and must be approved by the City Forester. Trees shall be planted in clusters no greater than 30 feet wide; and cluster trees cannot be closer than 40 feet to another cluster; and single or cluster trees shall not be planted closer than 75 feet to a drainage structure. (City Engineer) BY (four (4) months from the approval of this Resolution), the Applicant shall plat the Property. No site plan applications for the individual parcels within the PCD will be reviewed by the City’s Development Review Committee until such time when the plat for the Property is approved by the City Council. (City Engineer) Prior to the issuance of each building permit for vertical construction for an individual parcel, the parcel shall be replatted. (City Engineer) The Applicant shall copy to the City all permit and permit applications, certifications, and approvals. (City Engineer) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) The Applicant shall comply with the following: a. No building permits shall be issued for more than 3,137 daily external trips until the provision of exclusive northbound dual left-turn lanes and eastbound right-turn lane has commenced at the intersection of Alternate AIA and Hood Road. This roadway improvement is not an assured construction. Any approval above the 3,137 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) 7 Date Prepared: October 19, 2005 Resolution 166,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b. C. d. e. f. No building permits shall be issued for more than 3,644 daily external trips until the linkage roadway segment between Military Trail and Alternate AIA (Kyoto Gardens Drive Extension), and the segment running underneath the PGA flyover (RCA Center Drive) west of Alternate AIA connecting Kyoto Gardens Drive to RCA Boulevard has commenced. (PBC Traffic Division) No building permits shall be issued for more than 4,100 daily external trips until the addition of an eastbound right-turn lane, westbound right- turn lane, and northbound right-turn lane has commenced at the intersection of Alternate AIA and RCA Boulevard. (PBC Traffic Division) No building permits shall be issued for more than 4,562 daily external trips until the widening of Alternate AIA to six (6) lanes from PGA Boulevard to RCA Boulevard has commenced. This roadway improvement is not an assured construction. Any approval above the 4,562 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) No building permits shall be issued for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at the intersection of Alternate AIA and Donald Ross Road. This roadway improvement is not an assured construction. Any approval above the 4,948 trips limit will be contingent on the execution of a public facilities agreement for the funding of this roadway improvement. (PBC Traffic Division) Prior to the issuance of the building permit for vertical construction for any parcel, the Applicant shall submit a trip generation analysis identifying the number of trips generated by all existing development within the PCD and the trips generated by the parcel under development consideration. (City Engineer) 29. Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide surety for public infrastructure and all landscaping and irrigation costs for the overall project infrastructure which are not included in the previously-su bmitted bonds for the public roads within the Property (Bond No. 964004234). The required surety shall be based on a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs, that shall be reviewed and approved by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to 8 Date Prepared: October 19, 2005 Resolution 166, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 30. 31. 32. 33. 34. 35. the issuance of the first building permit. This surety is separate from that which will be required for each individual lot as each is developed. (City Engineer) Prior to construction plan approval or the issuance of the first land alteration permit, whichever occurs first, the Applicant shall provide a cost estimate for the on-site project improvements for the overall project, not including public infrastructure, landscaping, and irrigation costs, for review and approval by the City. Said cost estimate is separate from those cost estimates which will be required for each individual lot as each is developed. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by the Environmental Planning Agency (EPA) andlor local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a construction plan for review and approval. All plans and support documentation, submitted by the Applicant for review by the City Engineer, shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by a professional engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval and the issuance of the first building permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) All development application submittals made to the Growth Management Department for the individual parcels within the PCD shall include both electronic and hard copies of all documents submitted to the satisfaction of the City Engineer, City Forester, and Growth Management Administrator. (City Engineer) 9 Date Prepared: October 19,2005 Resolution 166, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Miscellaneous 36. 37. Required digital files of the approved PCD master plan and plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings for each site shall be submitted prior to the issuance of the Certificate of Occupancy for each site. (GIs Manager, Development Compliance Officer) Prior to the issuance of the first Certificate of Occupancy, the master property owners association documents and restrictions, which shall include disclosure language regarding the potential widening of the RCA Center Drive to four (4) lanes, shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) SECTION 5. This Planned Community Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur Hearing, last sealed on November 18, 2005, and received and stamped by the City on November 18,2005. 2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details, prepared by Cotleur Hearing, last sealed on November 18, 2005, and received and stamped by the City on November 18,2005. the A SECTION 6. This approval shall be consistent with all representations made by plicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: October 19,2005 Resolution 166,2005 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FF IC1 E NCY BY: Christine P. Tatum, City Attorney AYE NAY ABSENT VOTE: -- MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- \\Pbgsfile\Attorney\attorney-~hare\RESOLUTlONS\5A - reso 166 2005.doc 11 B VI X I 8 F I P wwwwv 44444 A'44PP U~WNC mmmm Parce/SA PCD PGA North II of Florida, LLC Palm Beach Gardens, Florida I I Parce/ 5A PCD PGA North II of Florida LLC Palm Beach Gardens, Florida 03 I 'W e; I w n zm 1 I 6 s U 8 n 9, 9 s 1 n 0- j? CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Growth Management: Project Manager- City Attorney Christine Tatu Date Prepared: November 9,2005 Meeting Date: December 1,2005 Costs: $N/A Total Ordinance 37,2005 & Resolution 175,2005 SubjectIAgenda Item: Compliance ib W Bahareh Kes avarz-Wolfs, Manager AICP 1 Interim Planning Ordinance 37,2005 & Resolution 175,2005: The Pointe PUD First Reading: A request by Anne Booth of Urban Design Studio, on behalf of Pointe Property Development L.L.C., for a rezoning from Professional Office (PO), to a Planned Unit Development (PUD) Overlay with an underlying zoning designation of Professional Office (PO) to construct two 75,000 square-foot four-story professional office buildings at a total of 150,000 square feet and a five-story parking garage on an approximately 9.18-acre site. The proposed Pointe PUD is located between Interstate-95 and Military Trail. $-N/A Current FY [XI Recommendation to APPROVE with nine waivers [ ] Recommendation to DENY Reviewed by: I I Originating Dept.: I FINANCE: Development fl/ I Brad Wiseman I [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [XI Not Required Date: N/A Paper: N/A Funding Source: [ ] Operating Approved By: [XI Notified [ 3 Not Required [XI Other-NA Budget Acct.#: NA City Council Action7 [ 3 Approved [ ] App. w/ conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ 3 Rec. Denial [ ] Continued to:- Attachments: Applicant Narrative Sabal Ridge Letter Winchester Letter Reduced Plans Ordinance 37,2005 Resolution 175, 2005 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37, 2005 & Resolution 175, 2005 EXECUTIVE SUMMARY The subject site is located between Interstate-95 and Military Trail. The proposed project consists of two 75,000 square-foot four-story professional office buildings and a five-story parking garage on an approximately 9.18-acre site. This project has been designed to minimize its impacts on the surrounding neighborhoods by locating the large preserve area adjacent to Sabal Ridge, and by placing the office buildings next to Interstate-95. The Planning, Zoning, and Appeals Board reviewed the subject petition on November 8,2005, and voted 7-0 to recommend approval to the City Council. Staff recommends approval of Ordinance 37, 2005 and Resolution 175,2005 with nine waivers and 49 conditions of approval. BACKGROUND The subject site is a vacant parcel of unimproved land and is surrounded by residential to the north, Interstate-95 to the west and south, and Interstate-95 right-of-way and Military Trail to the east. The Sabal Ridge Planned Unit Development (PUD) abuts the subject site to the north, which is comprised of two-story multi-family dwelling units. Immediately west of the Sabal Ridge PUD is the Paloma PUD, which consists of single and multi-family dwelling units. The Paloma PUD’s wetland and upland preserve areas also abut the subject site to the north. To the east of the subject site is the Interstate-95 right-of-way, then Military Trail, which is followed by the Winchester Courts PUD consisting of two-story multi-family dwelling units. LAND USE & ZONING The subject site has Zoning, Future Land-Use, and Vision Map designations of Professional Office (PO). The PO zoning designation is defined by the Land Development Regulations as “a transition between more intensive commercial uses and residential development, and are intended to provide space for professional offices.” The Comprehensive Plan states that the PO designation is to be utilized for “future and existing business and office centers, and to distinguish office uses from more intensive commercial uses such as retail.” The applicant is requesting to rezone the subject site to a Planned Unit Development (PUD) Overlay with an underlying zoning designation of Professional Office (PO). CONCURRENCY Traffic The proposed project received conditional traffic concurrency certification on February 2, 2005, with a build-out-date of December 31, 2005. Traffic concurrency approval is contingent upon several conditions that will be incorporated into the approving resolution. The certification is also contingent upon the approval of (1) a development order for the property; and (2) an administrative extension to the build-out date for the project, prior to December 31, 2005, in accordance with Section 78-61 of the City’s LDRs. 2 Date Prepared: November 9, 2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 Dra inane The proposed Pointe PUD is under the jurisdiction of the South Florida Water Management District (SFWMD), the Northern Palm Beach County Improvement District (NPBCID), and the City for drainage purposes. The site is located within the NPBCID unit of development number two. The proposed storm water management system will be comprised of a system of catch basins, storm drainage pipes, and exfiltration trenches to collect storm water and pre-treat it prior to discharge into the NPBCID master system. The proposed lake will accommodate the on-site storm water st orage requirements . Water & Sewer, Waste Management The applicant has reserved water and sewer capacity and waste management service for the site. PROJECT DETAILS Site Access Due to the 1-95 on ramp, the only ingress/egress to the PUD is located at the most northern section off of Military Trail. Northbound motorists may enter the site via the existing median cut and turn lane on Military Trail. Motorists exiting the site are required to make a right-turn only. Site Plan & Design Features The two office buildings and parking garage are located immediately adjacent to Interstate-95, with surface parking in front of the buildings next to the Interstate-95 right-of-way and Military Trail. The location of these buildings minimizes their impact on Sabal Ridge and Winchester Courts, and provides the applicant with maximum exposure from Interstate-95. At the northern property line and adjacent to Sabal Ridge is a 1.13-acre preserve with a 114-foot maximum width. This preserve backs up to four residential buildings and serves as a buffer for the adjacent residents. A large lake is located at the point of the project, south of Building A. This lake includes a fountain and firther improves the aesthetics of the site from Military Trail and Interstate-95. This fountain, which includes aeration, is required as a condition of approval in Resolution 175, 2005. A 12-foot wide pedestrian plaza area has been included around the north side of the lake. This plaza area includes seating on the retaining wall for future employees and visitors to utilize. This area is defined by pavers and extends in front of Building A, which connects to a five-foot wide sidewalk leading to Building B. This connecting sidewalk will provide employees of Building B with pedestrian access to the plaza area. A circular, vehicular paver area has been included adjacent to Building B and the parking garage with a large landscape island in the center. This vehicular paver area provides a focal point for motorists entering the site. Architecture Each of the two office buildings consists of four-stories and 75,000 square feet. The office buildings are designed as a mirror image of each other and flank the north and south sides of the parking garage. The style of the buildings is contemporary, which utilizes a rhythmic placement 3 Date Prepared: November 9, 2005 Meeting Date: December 1,2005 Ordinance 37,2005 8z Resolution 175,2005 of horizontal and vertical glass and wall, punctuated by geometric forms at the building’s comers. Contrast and visual interest is achieved by using pre-cast, smooth stucco in off-white colors set against tinted, spandrel, and anodized glass. Columns are provided at the main entrances with bracketed overhangs, which assist in softening the mass of the buildings and accenting the entries. The parking garage has been designed with the same architectural style, colors, and materials as the office buildings and includes trellises with bougainvillea to provide decorative treatment. Four trellises have been provided on the front elevation adjacent to Military Trail and three have been provided adjacent to Interstate-95. The parking garage incorporates an open design, consistent with CPTED principals. Landscaping & Buffering The subject site is buffered to the north by a 15-foot wide landscape buffer and a 114-foot wide upland preserve (15-foot required). A %foot wide landscape buffer is provided adjacent to Interstate-95 (25-foot required). However, a 20-foot wide landscape buffer is proposed adjacent to the 1-95 right-of-way around the lake (Please see waiver section). Each landscape buffer is heavily landscaped with various groundcovers and trees. The trees that will be utilized are Live Oaks, Southern Red Cedars, Cabbage Palms, Wax Myrtles, Dahoon Holly, and Privets. Shrubs and groundcovers include Saw Palmetto, Annuals, Green Cocoplum, Golden Mound, and Shell Ginger. Each building has foundation landscaping on all four sides, which includes specimen trees such as Live Oaks, Washington Palms, Coconut Palms, Alexander Palms, and Cabbage Palms. Other plantings include Chstmas Palms, Pygmy Date Palms, Green Cocoplums, Ti Plants, and Crinum Lilies. Cabbage Palms, Saw Palmettos, Green Cocoplums, and Slash Pines have also been proposed in the Interstate-95 right-of-way, subject to FDOT approval. Live Oaks have been incorporated in the lake plaza area to provide shade. Landscaping, including Japanese Privet trees have been provided on the top of the parking garage as well as bougainvillea trellises on the facades. The landscape plan provides for 3 1,636 landscape points (1 5,228 required). Preserve City Code Section 78-250, requires developments to preserve 25% of the environmentally significant lands located on-site. The subject site contains 4.44 acres of environmentally significant uplands, thus requiring at least 1.1 1 acres to be preserved on-site. The applicant is proposing a 1.13-acre upland preserve on-site. This upland preserve, consisting of pine flat woods, is provided adjacent to the northern property line. City Code Section 78-250 also requires a minimum preserve width of 100 feet. The required preserve maintains the 100-foot width requirement. The City’s environmental consultant has verified the applicant’s environmental assessment and on-site preserve requirements. Parking At a code requirement of one parking space per 300 square feet, the required parking for the PUD is 500 spaces (150,000 sq f€ / 300 = 500). The applicant is proposing 575 total parking spaces (308 garage parking spaces and 267 surface parking spaces). City Code Section 78-345 limits additional parking to 10% in excess of the City Code requirement, which for this site is 50 4 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 spaces (500 x 10% = 50). Therefore, a waiver is being requested for the 25 additional parking spaces, which equates to an additional 4.6% (Please see waiver section). City Code Section 78- 345 requires a parking space width of 10 feet; whereas the applicant is requesting a parking space width of nine feet, six inches for all parking garage spaces (Please see waiver section). The applicant is providing a 10-foot width for all surface parking spaces, which meets the requirement of the code. Phasing According to the applicant, this PUD will be developed in two phases. The applicant has provided a phasing plan that reflects Phase I as being Building A, all surface parking, landscape buffers (except for portions adjacent to Building B and the parking garage), lake and plaza area, and the preserve. Phase I includes all surface parking, which meets the code requirement for Phase I (one office building). Phase I1 consists of Building B, the parking garage, and adjacent buffer. The applicant states that Phase I1 construction will commence once approximately 60% of Building A is leased to tenants. The applicant anticipates that total build-out is expected by the end of 2008. Sianaae The location of the entrance sign has been located in the median at the project’s ingresdegress point. City Code Section 78-285 allows one project identification sign and no more than three tenant names per monument sign, which is consistent with the applicant’s request. The size of the monument sign is 10 feet high by 14 feet wide (10 feet high by 15 feet wide maximum allowed). The applicant is proposing one principal building sign above the fourth floor line on the front and rear elevation of each building; whereas City Code Section 78-285 does not allow signage above the second floor line and permits one principal tenant sign per building (Please see waiver section). The proposed signage has been reduced from the original seven signs per building to two signs per building upon staffs urging. Due to the proximity to Sabal Ridge, staff has included a condition of approval that requires the illumination of the signs on the east elevation to be subdued. This is accomplished by providing a reverse backlight channel letter that is illuminated with LED light bulbs in-lieu of neon lighting. An example of this type of signage is the Illustrated Properties building at Parcel 27.0Y.06 within the Regional Center PCD. Site Liphting The applicant has provided staff with a photometric plan consistent with City Code Section 78- 182. Staff has included a condition of approval requiring the applicant to provide 25-foot high light poles with metal halide lighting. CPTED Compliance The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED) principles recommended by the Police Department (Please see conditions ofapproval). 5 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 Waivers The applicant is requesting the following 9 waivers for the Pointe PUD: 78-153: Building Height: the lesser of 36 feet and 2 stories 78-285: Principal Building Signs shall not be located above the 2”d Floor Line 78-285: One principal tenant sign per building 78-285: Landscape Area around the monument sign shall be no less than the sign height 78-344: Parking Space Width Shall be 10’ wide 78-345: Additional Parking Limited to 10% 78-364: Loading Spaces Required 78-319 (3): 25-fOOt Minimum Landscape Buffer Adjacent to I- 95 r-o-w ~ ~ ~ 78-563 (c): Lake Maintenance Easements shall be 20-feet wide Two Office Bldgs at 68.4’ and a parking garage at 56.4’ - 4 stories each Each Office Building with two signs above the 2nd Floor line Two principal tenant signs per building 3.3 feet of landscape area All Parking Garage Spaces at 9.5’ 25 Additional Spaces, or 4.6% extra 2 Loading Spaces Proposed 20-foot Landscape Buffer adjacent to I- 95 r-o-w around lake 12-foot wide LME 32.4’- bldg, 20.4’- garage & 2 stories for all 3 stories for each of the 4 signs 2 additional signs 6.7 feet of landscape area 308 spaces at 9*5’ I (1) Approval (2) Approval (3) Approval (4) Approval (5) Approval 25 spaces (6) Approval 1 Loading Space (7) Approval 5 Feet (8) Approval 8 feet of LME (9) Approval I 1) The applicant is requesting a waiver from City Code Section 78-153, Nonresidential Zoning Districts, to allow for a building height of 68.4’ for each office building and a height of 56.4’ feet for the parking garage. It’s staff’s professional opinion that this wavier will not negatively impact the surrounding area. The applicant has achieved optimum site design by 6 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 locating the buildings on the furthest property line from residential and placing a 114-foot wide preserve to buffer the adjacent Sabal Ridge community. The applicant is proposing a 290-foot front setback, which minimizes any impacts on Winchester Courts. The Property Owners Associations of Sabal Ridge and Winchester Courts have submitted letters in support of the proposed project. Furthermore, this waiver request is consistent with previous City Council approvals for office buildings that have a building height greater than two stories and 36 feet, which is indicated in the below table. Staffrecommends approval. Building Admiralty I1 (not built) Admiralty I (Taylor Woodrow) Wachovia Building Fairway Office Center (Univ of Phoenix) Divosta Office Building (SunTrust Bank) Gardens Plaza (Merrill Lynch) Mirasol Town Square Building D MacArthur Center (Bank One) Palm Beach Gardens Medical Pavilion Medical Mall (UBSPaine Webber) Gardens Corporate Center Golden Bear Plaza Zoning PUD with underlying General Commercial PUD with underlying General Commercial PUD with underlying General Commercial PCD with underlying Professional Office (CG-I) (CG-I) (CG-I) (PO) PUD with underlying General Commercial (CG-I) PUD with underlying General Commercial PCD with and underlying Residential Low -3 (CG-I) (RL-3) PCD with underlying of Professional Office (PO) PCD with underlying of Professional Office (PO) PCD with underlying of Professional Office PCD with underlying of Professional Office (PO) PUD with an underlying Professional Office (PO) (PO) *** Bold Denotes Adjacent to Resid Location Southeast comer of Military Trail and PGA Blvd., east of Admiralty Phase I Southeast comer of Military Trail and PGA Blvd., east of Wachovia Southeast comer of Military Trail and PGA Blvd., west of Admiralty Phase I Southwest comer of PGA Boulevard and Florida Turnpike Southwest comer of Military Trail and PGA Blvd. Southeast comer of Fairchild Gardens Avenue and PGA Blvd. Northwest comer of PGA Blvd. and FL Turnpike, Immediately north of Mirasol Walk PUD Northeast Comer of Fairchild Gardens Avenue and PGA Boulevard Northwest Comer of PGA Boulevard & Fairchild Gardens Ave Northeast corner of PGA Boulevard and Alternate AIA Northeast Comer of PGA Boulevard and Alternate AIA East side of US. Highway 1, immediately north of Oakbrook Square itial Zoning Districts Square Footage 82,389 sq A 82,265 sq ft 48,600 sq ft 2 Buildings 88,300 sq ft each 48,700 sq A 88,150 sq A 44,000 sq ft 75,920 sq ft 87,500 sq ft 184,057 sq A 2 Buildings 11 1,971 sq ft each 3 Buildings 45,744 44,506 49,6 13 Building Height & Stories 82’ & 5 Stories 148’ & IO Stories 70’ & 6 Stories 62’ & 4 stories each 52’ & 4 stories 112’ & 9 stories 58’ & 4 stories 62’ & 4 stories 77’ & 6 stories 124’ & 10 stories including 4-story parking garage 92’ & 6 Stories Detached Parking Garage is 54’ All Buildings 109’ & 7 Stories including 1 level of parking garage Development Order Ordinance 14,2000 (approved June 5,2000) Site Plan & Appearance Review Committee (approved June 27, 1978) Site Plan & Appearance Review Committee (approved June 27, 1978) Resolution 55, 1998 (approved July 16, 1998) Resolution 159, 1990 (approved December 18, 1990) Ordinance 3, 1985 (approved March 21, 1985) Resolution 194,2003 (approved November 6, 2003) Resolution 2 1, 1998 (approved March 19, 1998) Resolution 134, 1993 (approved November 4, 1993) Resolution 118, 1994 (approved Sept. 1, 1994) Ordinance 42,2001 (approved December 6, 200 1) Ordinance 7, 1984 (approved April 5, 1984) 7 Date Prepared: November 9,2005 Meeting Date: December 1, 2005 Ordinance 37,2005 & Resolution 175,2005 2) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow for the four principal identification signs to be located on the building parapet. The applicant is requesting to locate a building identification sign at the top floor on the east and west elevations of both office buildings. A waiver has also been approved for the Fairway Office Center, Wachovia Bank building, Divosta Office building, Doubletree Hotel, Marriott Hotel, Office Building D in Mirasol Town Square, Bank One, Embassy Suites, Wackenhut building, Palm Beach Gardens Medical Pavilion, UBS Building, Grand Bank, and Golden Bear Plaza to allow for principal building signs on the building parapet. It is staffs professional opinion that this waiver will provide adequate sign visibility for motorists, taking in to account long-term tree growth; and will not negatively impact the surrounding area. Furthermore, a clearly visible sign may prevent traffic problems that may arise from motorists attempting to locate the buildings. Staffrecommends approval. 3) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow for an additional principal identification sign to be located on the west elevation of each building adjacent to Interstate-95. It is staffs professional opinion that these two additional principal tenant signs will not negatively impact the surrounding area. Furthermore, as a justification for this waiver, the applicant has foregone four ground floor tenant signs per building, which are permitted by City Code Section 78-285. Therefore, in- lieu of five signs per building, the applicant is proposing a total of two signs per building. This compromise results in only one sign per building visible from Military Trail, and one sign per building visible from 1-95. Staff recommends approval. 4) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow for the landscaped area around the monument sign to be less than 10 feet (6.7 feet). The location of the ground sign is limited by the existing configuration of the access into the site. The area immediately north of the entrance is impacted by the existing SUA water main, which limits its placement there. The proposed monument sign location provides the best placement in order to maintain maximum visibility for cars to safely enter the site. Staff recommends approval. 5) The applicant is requesting a waiver from City Code Section 78-344, Construction and Maintenance, to allow for 9.5’ wide parking spaces in the parking garage. Due to the low turnover rate, and low intensity nature of parking in an office complex, 9.5’ wide parking spaces in the parking garage do not raise any staff concerns. This waiver has also been granted for the parking garages within Downtown at the Gardens and the Legacy Place commercial site. All surface parking spaces meet the City Code requirement of 10’ x 18.5.’ Staff recommends approval. 6) The applicant is requesting a waiver from City Code Section 78-345, Number of Parking Spaces Required, to allow for 25 additional parking spaces. Therefore, the applicant is required to demonstrate that 1.5 additional square of open space is provided for each additional square foot of paved parking area (25 x 185 x 1.5 = 6,937). The applicant has provided open space in excess of 6,937 square feet (6,969 square feet) and has reflected it on sheet four of the site plan. Staffrecommends approval. 8 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 7) The applicant is requesting a waiver from City Code Section 78-364, Number of Loading Spaces Required, to allow for a reduction from three loading spaces to two. The applicant states that one loading space per building will adequately serve the tenants’ needs. In-lieu of the third required loading space, the applicant has provided extra parking spaces and approximately 3.14 additional square feet of open space. Staff recommends approval. 8) The applicant is requesting a waiver from City Code Section 78-319 (3), Minimum Landscape Buffer and Planting Requirements, to allow for a 20-foot wide landscape buffer adjacent to the 1-95 right-of-way around the lake. In addition to the 20-foot wide landscape buffer, the applicant is proposing a 10-foot wide strip of landscaping at the lake bank. Furthermore, the lake and plaza area provide a minimum of 160 additional feet of distance from the building to the 1-95 right-of-way. It is staffs professional opinion that this site is more than adequately buffered from the 1-95 right-of-way. Staffrecommends approval. 9) The applicant is requesting a waiver from City Code Section 78-563 (c), Lake Maintenance Tracts, to allow for a 12-foot lake maintenance easement. The applicant states that the 12- foot LME will provide adequate accessibility for maintenance of the lake. The City Engineer has not raised any concerns with this request. This waiver has also been granted to the Congress Plaza East (Target) PUD, which allowed a 13-foot LME. Staffrecommends approval. CONSISTENCY WITH THE COMPREHENSIVE PLAN It is staffs professional opinion that the proposed development is consistent with the overall intent of the goals, objectives and policies of the City’s Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed PUD, are listed below. Future Land Use Element Goal 1.1.: Continue to ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens’ Natural and Manmade Resources while minimizing any threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible land uses and environmental degradation. Objective 1.1.7.: The City shall maintain land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City’s character and future land uses. Policy 1.1.6.1.: Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. The proposed development is consistent with the subject site’s zoning and future land use designations, which are Professional Office (PO). The proposed use is a permitted use in the City’s Land Development Regulations. A professional office development provides an 9 Date Prepared: November 9,2005 Meeting Date: December 1 , 2005 Ordinance 37,2005 & Resolution 175,2005 appropriate transition for the adjacent residential communities and 1-95. Furthermore, the PUD has been designed to minimize any negative impacts by including a 114-foot upland preserve adjacent to the residential structures and the placement of the buildings next to 1-95, Policy 1.1.1.5. (b): In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that would not otherwise be permitted under by-right zoning districts. These may include a mixture of uses not found within any of the by-right zoning districts and/or density bonuses and/or waivers to non-residential intensities described previously. The proposed Pointe PUD includes two office buildings and a parking garage that exceeds the City Code requirement of 36 feet, which is the standard included in the City’s Comprehensive Plan. However, the applicant is requesting a waiver from this requirement, which is allowed by this policy. This policy is implemented by City Code Section 78-158 (f), Table 20, which specifically allows City Council to waive building height requirements. Please also note that City Code Section 78-158 (d) includes regulations that may not be waived by the City Council and building height is not included. Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The Future Land Use Map has designated the subject site as Professional Office (PO). The site has been designed with sound planning principles, which minimize any impacts on the surrounding residential communities. The height of the office buildings has been mitigated by their placement adjacent to 1-95. Moreover, the 25% environmental set-aside has been used as 1 14-foot buffer (1 5 feet required) for neighboring Sabal Ridge. The applicant is also proposing a 290-foot front setback (50 feet required), which minimizes any impacts to the Winchester Courts PUD. This site design also incorporates twice the landscaping that is required (15,228 points required vs. 3 1,636 points proposed) and three times the required open space (1 5% required vs. 52% proposed), which achieves the desired community character. COMMENTS FROM THE PUBLIC Staff has received a letter in support of the proposed project from the Sabal Ridge and the Winchester Courts Property Owners Associations (please see attached). PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on November 8, 2005, and voted 7-0 to recommend approval to the City Council. The PZAB commended on the design of the proposed project particularly its sensitivity toward the adjacent residential communities. The PZAB also was pleased with the architecture of the buildings and supported staffs recommendation on the requested waivers. 10 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 During the public hearing, five residents commented on the proposed project. Mr. John Chaplik stated that the project was designed nicely and the tenants could raise the quality of the workforce by providing higher paying jobs, which could positively impact affordable housing. Ms. Carolyn Chaplik also supported the project and stated it would be a benefit to the community. Dr. Robert Davis also gave his support of the proposed project. Mr. Eugene Nowak and Mr. John Lernahan stated that the proposed project was not consistent with the surrounding area and should not be approved. STAFF RECOMMENDATION Staff recommends approval of Ordinance 37, 2005 and Resolution 175, 2005, with the nine waivers and the conditions of approval provided therein. 11 Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 +, ..I . TABLE 1 EXISTING USE ZONING LAND USE TIONS Subiect Property Vacant (PO) Professional Office (PO) Professional Office North Sabal Ridge 9.6 DN Per Acre Paloma PUD 2.92 DN Per Acre South Interstate-95 R-0-W Interstate-95 East Interstate-95 R-0-W Military Trail Winchester Courts 9.1 D/U Per Acre West Interstate-95 (PW Planned Unit Development Residential Medium (PW (RL-3) Planned Unit Development Residential Low -3 N/A N/A N/A N/A (PW (RM) Planned Unit Development Residential Medium N/A (RM) Residential Medium (RM) Residential Medium N/A N/A N/A NIA (RL) Residential-Low N/A 12 Code Requirement Site = Minimum PUD Development Size for Properties South of Donald Ross Road & Between Central Boulevard & Alternate A1A: None Maximum Building Height: Lesser of Two Stores & 36 Feet Minimum Open Space: 15% Maximum Lot Coverage: 35% Landscape Buffers: North: 15 feet South: 25 feet East: 25 feet West: 25 feet Parking Required: 500 Spaces 550 Spaces Max Allowed Front Setback: 50’ Residential Setback: 75’ Side Setback: 40’ Rear Setback: 15’ Date Prepared: November 9,2005 Meeting Date: December 1,2005 Ordinance 37,2005 & Resolution 175,2005 Proposed Plan 9.18 Acres 68.4’ for each office building and a height of 56.4’ feet for the parking garage 52% 16.1% North: 15-1 14 feet South: 25 feet East: 25 feet & 20 feet West: 25 feet 575 spaces 290 Feet 80 Feet 250 Feet 27 Feet Consistent? Yes No, Waiver Requested Yes Yes Yes Yes No, waiver Requested Yes No, Waiver Requested for 25 Additional Spaces Yes 13 urban PROJECT NARRATIVE dean The Pointe stu 0 ~ JULY 15,2005 LOCATION/REQUEST Urban Design Urban Planning Land Planning This is a request for rezoning to the Planned Unit Development overlay Landscape Architecture district for a 9.18 acre site located at the point of the intersection of Military Trail and 1-95. The current zoning of the property is Professional Office (PO) and the Future Land Use Plan designation is also Professional Office (PO). The plan of development is proposed to include two 75,000 square foot buildings for a total of 150.000 square feet of professional office space together with a 3 12 space parking garage. The site has an unusual pointed configuration and it is surrounded on three sides by road right-of- way. Along the northern boundary of the site is the existing residential community of Sabal Ridge and a preserve area for the recently approved community of Paloma. To the west and south of the site is the 1-95 right-of-way and to the east is Military Trail and the residential community of Winchester Courts. The overall design of the site plan was a challenge due to the parcels unusual configuration, the need to balance the elements required for a economically viable project, and concern for the surrounding neighbors. The master PUD site plan being submitted today has taken into consideration all of these elements and in an effort to be sensitive to the abutting neighbors, has provided a heavily planted buffer and a dense upland preserve area, in excess of 100 feet in width, along the northern boundary. In addition, the structures have been placed along the 1-95 frontage to gain the benefit of that visibility and also to provide the maximum separation from the residential units in Sabal Ridge and Winchester Courts. Development of this site will enhance the current city Economic Development Initiative and provide an excellent transition between the residential communities and the major highways which intersect in this location. HISTORY/BACKGROUND This project consists of two parcels of land. The primary property which includes 8.98 acres and a secondary parcel which contains .2 acres. The primary parc for many years. The secondary parcel is a small crescent shaped site which was left over after 1-95 right-of-way had been dedic On January 30.2002 an application for concurrency was sub to delays beyond the control of this applicant, concurrency wa On February 28"' and May 251h the two parcels were acquired contract purchaser Pointe Property Development, LLC. a F1 liability company. This property has not had previous deve approvals and was not part of the Forebearance Agreement. -- The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Project Narrative - The Pointe July 15,2005 Page 2 EXISTING USE LAND USE AND ZONING ZONING The current zoning of the property is Professional Office (PO). The current Future Land Use Plan designation is Professional Office (PO). The proposed plan of development is consistent with both the existing zoning and land use designations. The property to the north of this project is residential with the Sabal Ridge property being zoned RM - Residential Medium Density with a FLUP designation of RM and Paloma being approved as a PUD with a FLUP designation of RM - Residential Medium Density. Existing Zoning and Land Use Designations & Site Comparison SUBJECT PROPERTY: Vacant TO THE NORTH Sabal Ridge Paloma RM - Residential Condominiums (Straight Zoning) PUDIRM - Residential S.F. and Townhomes TO THE SOUTH Road Right-of-way I NIA TO THE EAST: Military Trail and Winchester Courts RM - Residential Townhomes (Straight Zoning) TO THE WEST: 1-95 Road Right-of-way 1 NIA FUTURE LAND USE PO RM RMIRH NIA RL N/A Project Narrative - The Pointe July 15,2005 Page 3 PROJECT DETAILS Architectural Stvle and Special Features The proposed plan includes two 75,000 square foot, four-story office buildings and a 312 space four and 1/2 level parking garage. The office buildings are designed to be a mirror image of each other and flank the north and south sides of the parking garage. In keeping with the high standards of design and aesthetic appeal established by the adopted Guidelines for Non- Residential Development. the design of the building has incorporated architectural features and patterns that provide visual interest and reduce the scale of the building. In reverence to the importance of the site location, the contemporary architectural design utilizes a rhythmic placement of glass and wall, punctuated by strong geometric forms at the building’s corners. Intentional contrast is achieved by using precast, smooth stucco in off-white colors set against the contrasting aluminum and tinted glass. The addition of columns at the entry, and cornice features. along with bracketed overhangs and trellises softens this contemporary design. The parking garage has been designed with the same architectural style, colors and materials as the office buildings and includes the use of landscape planters and trellises to provide additional decorative treatment. Proiect Phasing Development of this parcel will be in two phases. The first phase will consist of the southeas building, the ground level parking, the lake, the landscape buffers (excluding those portions of the 1-95 buffer adjacent to the future buildings) and the preserve area. As part of the first phase the electrical rooms and 19 parking spaces on the ground floor of the parking garage will be constructed. The second phase will consist of the northwest office building, the parking garage and the remaining landscaping adjacent to 1-95. It is anticipated that the second phase of development will begin approximately two years after the completion of the first phase. Landscaping/Buffers The entry into the project is accented with Date Palms in the center of the median and flanked by rows of Oaks and Ligustrums on either side. Upon entry into the parking area, a focal point planting area has been designed which includes a specimen Reclinata Palm with Crinum Lilies as accent plants. The general parking area is planted with Oaks, Cocoplum and Golden Dewdrop. The entries into each office building continue the entrance theme by flanking the entrance doors with Date Palms to carry the entrance theme forward. The plaza area adjacent to the lake is planted with specimen Oaks and Golden Dewdrop. The foundation planting around each building includes Washington Palms, Christmas Palms, Ligustrum’s, Crinum Lilies and Pigmy Date Palms along with ground covers and accent planting. Project Narrative - The Pointe July 15,2005 Page 4 The roof top gardens include Bougainvillea to be planted in planter boxes and trained to trail on aluminum trellises. The upland preserve area has been supplemented with Sabal Palms, Bald Cypress, Dahoon Holly, Red Maple and Slash Pine. There is an additional buffer planted between the upland preserve area and the Sabal Ridge Community which consists of a double row of Southern Red Cedar. The 1-95 buffer consists of Live Oaks, Dahoon Holly, Sabal Palms, and Brazilian Beauty Leaf. Additional planting‘s of Washington Palms and Teddy Bear Palms have been added to the rear of the garage to create a denser screen while the planting pallette adjacent to the office buildings have a more native planting scheme with visibility windows for the building signage. The 25’ 1-95 landscape buffer extends around the property along the 1-95 right-of-way and includes Live Oaks, Slash Pine, Sabal Palms. and Ligustrum’s. The littoral planting around the lake consists of Bald Cypress, Dahoon Holly, Red Maple, Sabal Palms, and includes wet and dry littoral plants. Environmental Issues An environmental assessment has been prepared for the site which identifies three types of vegetative communities. They include disturbed pine flatwoods, disturbed wet prairie, and mixed exotics. Due to the lack of a natural fire regime and the proximity of the site to the adjacent major roadways. the quality of the native vegetation has been diminished. The .39acre wet prairie community has been disturbed by the encroachment of Melaleuca, and poor hydrology from the construction of 1-95. The applicant intends to mitigate the wetland area at an off-site location. The proposed plan provides for the required 25% upland preservation area on- site with additional planting being proposed to enhance the existing ecological and vegetative communities. Site Amenities Careful consideration has been given to the design of the site to locate the buildings, upland preserve area, parking and the lake in such a way to allow the lake to become a focal point for the tenants as well as the residents of Palm Beach Gardens. The lake will include a “Giant Fountain” feature which should be visible from 1-95 and will provide additional circulation in the lake. The lake edge design also provides for the creation of an interesting and inviting plaza area. The use of a retaining wall around the north edge of the lake invites people to the water and the curvilinear design creates an interesting pedestrian-friendly gathering area. The retaining wall will be designed to include seating which will encourage the use of the water front and enjoyment of the fountain. The landscape specifications for the plaza includes the planting of specimen Oaks which will provide immediate shade for the enjoyment of the tenants and visitors to the site. Plaza embellishments will include pavers. benches, bicycle parking, trash cans, and lighting. Project Narrative - The Pointe July 15, 2005 Page 5 Subject to the approval of the AIPP committee. it is the applicant’s intention to incorporate the placement of art in the plaza area for the enjoyment of the residents of Palm Beach Gardens. The placement of an additional public art piece in front of the northwestern building is being proposed in the second phase of development. Decorative pavers are being used at the entrance into the site, in the plaza, and the entry areas into each building. The paver entries into each building have also been designed to integrate the off-street loading areas. Landscape planting is being proposed around the perimeter of the lake to create a pleasing vista from both the interior and exterior of the project further enhancing the community serving open space. The upland preserve area is proposed to be enhanced with the planting of additional trees, shrubs and ground covers. The additional planting’s will increase the viability of the ecological environment, eliminate the invasive exotic species which have been a nuisance to the abutting residents, and create a dense buffer between the residents and the office development. Pedestrian Connectivitv A five foot sidewalk has been provided to allow for pedestrian connectivity between the existing sidewalk along Military Trail and the public plaza. Additional sidewalk connections are provided between the buildings to allow the tenants and their guests to have easy access the plaza and lake area. Dumpster The pro-ject dumpster and recycling receptacles have been centrally located in the parking lot and screened from view to reduce all potential impacts to the Sabal Ridge residents and the public. Traffic Concurrencv and Traffic Operational Improvements Traffic Concurrency was issued on February 2, 2005 with the following conditions: 1. 2. No more than 1,499 net new external trips until the contract is let for the widening of Hood Road from Central Boulevard to Military Trail to a four-lane divided cross section. No certificates of occupancy until the contract is let for extending the northbound left- turn lane along Military Trail at the median opening providing access to the property to a total of 420 feet (370 feet of storage and 50 feet of taper). Any revisions to the site access will trigger a re-evaluation of traffic impact. Project build-out has been analyzed for the year 2005. 3. 4. Project Narrative - The Pointe July 15. 2005 Page 6 The applicant intends to request a concurrent administrative time extension to allow the build-out date to be extended. It is the applicant's intention to file that application prior to the final development plan approval for the proposed PUD. Access The location of the access point into the site was pre-determined as a result of the dedication of the right-of-way for the 1-95 on-ramp. The alignment of the entrance has been further established by the construction of the left turn lane in the northbound lane of Military Trail. Additional left and right turn lanes will be required to be constructed as part of the development of this site. Lighting Included in the application package is a photometric plan which identifies the light levels proposed by the parking lot lights. All points meet the code required light levels. The lights have been designed to shield and protect the adjacent residential neighbors. Light pole locations have been identified on the site plan, the lighting plan as well as the landscape plan. Details of the style of the light poles and fixtures have been included in the application. All lights will be field located to avoid conflicts with trees and utilities. Utilities Water and sewer service to the site will be provided by Seacoast Utility Authority. The utility plan has been designed to privatize the water and sewer lines throughout the site. The conceptual location of all the proposed utility lines have been shown on the site and landscape plans. Preliminary engineering plans have been submitted with this application for review by the City Engineer. Parking Required parking is calculated based on the code requirement of 1 space per 300 square feet of Professional Office space. Based on 1 50,000 square feet of office space, the total required parking for the site is 500 spaces. Parking "on-grade" = 271 spaces (1 0' x 18.5') (1 68 spaces w/l8.5' of pavement. and 583 parking spaces have been provided as follows: 103 spaces w/l6' of pavement plus 2.5' overhang) Garage Parking = 3 12 spaces (all spaces 9.5' x 18.5') lst level = 66 spaces, 2"d 3rd and 4Ih level = 72 spaces each, top level = 30 spaces. Project Narrative - The Pointe July 15, 2005 Page 7 Handicap Parking is provided in both phases of the development. A total of 12 spaces are required with 8 spaces being provided in the first phase and an additional 4 spaces provided in the second phase. Sipnape Ground sign: The location of the entrance sign has been noted on the plans. The specific details of the entrance sign are noted on Sheet A-3.0 of the Architectural Plans. The proposed sign is 10' in height. 3'6" in width. and 14' in length. The sign is constructed of aluminum panels and designed to be consistent with the architectural style of the building. The sign is accented with the appropriate placement of landscaping. The sign face will be internally lit. PBG Code allows for one ground sign for the first 300 feet of frontage on a right-of-way and one additional sign for each additional 700 feet of frontage. Although the majority of this property fronts a right-of-way. the applicant is requesting only one ground sign. The sign is located at the entrance to the parcel and due to the pre-existing configuration of the entrance, it will be necessary to request a waiver for the side yard setback. Wall signs: The building signage has been designed as an integral part of the architectural elevation of the buildings. The proposed location of the signs, above the fourth floor, will require waivers. The location and unique configuration of the property require that the signs be placed on the upper levels of the building for visibility. The signs are proposed to be 36" high and internally lit. They will be white with aluminum edges to be consistent with the building design. Drainage - The site is located with the NPBCID Unit of Development #2 and is included in the SFWMD master permit for the Basin 2 sub basin 2C. Site drainage will comply with the permit requirements outlined in that permit. Storm water management will be comprised of a system of catch basins, storm drainage pipes and exfiltration trenches. Drainage outfall from this site will be accomplished through the NPBCID EPB3 canal to the north of the site. Included in this application is a conceptual drainage plan and a signed and sealed drainage statement. CPTED Comrdiance The applicant intends to comply with all required CPTED guidelines and has taken CPTED guidelines into consideration while addressing site lighting, access points into and out of the garage, landscape conflicts with entrances and lighting, and general pedestrian and vehicular circulation. 49% Yes 100.04' 16.1% 68'"'' Yes Yes no 303 feet 79.9 feet NIA (1-95 road right-of-way is a limited access roadway) 27 feet Yes Yes NIA Yes 583 Ye5 Project Narrative - The Pointe July 15,2005 Page 8 Land Development Regulations Analysis SITE ANALYSIS: The Pointe ~ Proposed Compliance Waiver tequested Comparison (per code rnless otherwise noted) Allowed 1590 min. lpen Spuce (PUD) Minimirm PUD 3evelopment Sire Minimirni Site Areu (PO) Miniriiiiiii Building Site Ireu (PO) 9.18 1 acre 15.000 sf 399,880 sf nla I n'a None Minimirm Lot Width 'PO) 100' Muxiniiim Building LOI :'overuge (PO) 3 5% 3 6' Yes Muximiini Height Limit 'PO) Front (Militq. Truil) 25 feet Side (Norrh) 27 feet Side Facing Streel fsoirth) 40 feet 27 feet Rear (west - 1-95) Parking 500 (I spacei300 sf of office space) Number Recpired Spuces in e,~\'~'e.s.s of' required 33 spaces over 10% (1 4%) no 10% allowed (50 additional spaces) IO feet x 18.5 feet no Interior spaces (non-garage) level = 1 O'x 18.5' Perimeter spaces (non- garage) include 1.5' overhang Parking in garage = 9.5' x 18.5' Stull Dimensions Project Narrative - The Pointe July 15,2005 Page 9 Comparison (per code unless otherwise noted) SITE ANALYSIS: TI1 e Poin te Requested Allowed Proposed ~~ Locrding Sprices Ground Signs 3 (@ 12' x 35' 2 @ 12' x 3.5' no Yes Setbricks 14' length/ IO' height 60 square feet of sign face Diiiiensions Yes 1 for 300 feet of ROW frontage, + 1 per additional 700 feet ROW frontage IS feet-from ROW line 50 feet-side property line L undscup ing Points 15 ft lengthil 0 ft height maximum, 60 square feet face area maximum 18.653.3 18.957.6 Yes 15' from ROW line 32' from side Wall Signs I ~~ Birilding ID Signs 1 sign per bldg/36" IettersiBuilding or Tennant ID/NMT 70% of surface area Tenant Signs I per tenant/NMT 24" lettersilocated below the 2"" floor 2 above the 4Ih floorl36" letters Yes WAIVERS The general purpose and intent of the PUD Planned unit development overlay district is established "to permit and encourage more efficient and creative development or re-development of property; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size shape and location ... and to ensure that development occurs according to limitations of use, design, density. coverage, and planning as stipulated in an approved development plan." As a result of these concepts. the PUD Overlay District was created as a Flexible zoning district that is intended to allow for deviations from the standard Land Development Regulations. The Project Narrative - The Pointe July 15,2005 Page 10 deviations are accommodated through the Waiver approval process. The granting of waivers allows innovative, and creative design concepts to be realized that will be a benefit to the city As required. the proposed waivers meet the criteria established in the Land Development Regulations Under Section 78-1 58(I). We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Unit Development Overlay District regulations, and is consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The applicant is requesting the following waivers. Parking space width Section 76-344. a .5' waiver to allow for a reduction in the required 10' width of the parking spaces for those spaces located within the garage. The applicant is requesting a waiver from Section 78-343(L)( l)(a) which requires that a standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to 9 .5' feet for those spaces located within the parking structure. Due to the low turn-over rate, and low intensity nature of parking in an office development, the city code also includes a provision in Section 78-343(L)( l)(b) which allows the width of parking spaces for office uses to be reduced to little as 9 feet, with City Council approval. The criteria for approval of a request for reduction of parking space widths requires additional open space be provided at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced. There are 3 12 parking spaces within the parking garage that are proposed at the 9.5' The area of the reduced pavement area is 2886 square feet (1 8.5' x .5' = 9.25 sf/space x At a ratio of 1.5 times that pavement area, we are required to provide an additional 4329 The proposed plan allows the applicant to provide 196,455.6 square feet of open space Taking into account the allowance for the additional open space requirement, the project width. 3 12 spaces = 2886 st). square feet of open space (2886 sf x 1.5 = 4329 sf). which is 136,473.48 sf (3.13 acres) in excess of what is required by code. design still has 132,144.48 sf (3.03 acres) of additional open space. Project Narrative - The Pointe July 15, 2005 Page 11 Parking space surface materiaVparking space length Section 78-344. a wavier to allow the perimeter parking spaces adjacent to landscaping or sidewalks to be constructed with 16' of pavement and a 2.5' overhang over sidewalWgrass and/or curbing. The applicant is asking for a waiver from Section 78-343(L)(3) which states: "Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces may be approved by the City Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces to be used in the construction of the perimeter parking spaces. This waiver request applies only to those spaces which abut either a concrete sidewalk or perimeter landscape area. Due to liability and maintenance problems associated with wheel stops, the applicant has chosen, as allowed by Section 78-344(e) (Wheel Stops), to install a 6" wide non-mountable curb in lieu of wheel stops. The curb is proposed to be placed at a point 16 feet from the end of the parking space, which is the same location that the wheel stop would otherwise be placed. In locations where parking spaces abut a sidewalk, the applicant has expanded the sidewalk surface area by 2 feet to accommodate the overhang of the car. Where the parking spaces abut landscaped open space, an additional 2 feet of grass has been provided. in addition to the curb, as part of the parking space. The length of each space includes 16 feet of pavement, 6" of curb and 2 feet of either grass or raised pavement for a total length of 18'6" per parking space. By placing the curb at the 16' location. the applicant is able to reduce the appearance of pavement and increase the appearance of open space. Section 78-3 15(d) (Protection of Landscape areas) of the current Palm Beach Gardens Land Development Regulations allows vehicles to overhang into landscaped areas provided the area is not included in the open space calculation. We have not included the overhang area in the open space calculation. By using curbs instead of wheel stops, maintenance of the parking areas is greatly improved and liability associated with wheel stops is eliminated. The decision to place the curb where the wheel stop would otherwise be, is also based in part by standards that have been established by Palm Beach County code. This waiver request is consistent with the parking space configuration allowed by Palm Beach County, and also consistent with the parking configuration approved by the City for other recently approved developments. Project Narrative - The Pointe July 15, 2005 Page 12 Loading Spaces Section 78-364. Table 35. a waiver to allow for a reduction in the number of required loading spaces from three (3) to two (2) loading spaces . Section 78-364(a) requires 3 loading spaces to be provided for this project. The design of the site has incorporated two loading spaces, one at each of the office buildings. It is not anticipated that there will be a need for a third additional loading space, therefore, we are asking for a waiver to allow only two spaces. Each of the proposed loading spaces has been provided at it's full dimensional requirements along with a full size backup area for larger delivery vehicles. Additional standard parking spaces are provided within the project which will allow smaller delivery vehicles to have adequate parking should the need arise. Increase Number of Parking Spaces Section 78-345, a waiver to allow for parking to exceed the permitted ten percent (10%) increase of required spaces. Section 78-345 (c)(3) provides that additional parking spaces greater than 10 percent of the number of required spaces may be approved as a waiver by the City Council. Section 78- 345(c)(4)(a) establishes the criteria for approval of the waiver and requires that additional open space, at a ratio of 1.5 square feet for each additional square foot of pavement area be provided. The proposed plan provides for 583 parking spaces which is 83 spaces in excess of the Based on the ratio of additional open space at 1.5 times the additional pavement, we are The proposed plan provides 196.455.6 square feet of open space which is 136,473.48 sf Taking into consideration a reduction in the open space to account for the parking When taking the additional square footage requirement into account from this waiver required. This generates an additional 15,355 square feet of pavement area. (83 spaces at 18.5' x 10' = 15,355 square feet) required to provide an additional 23,032.5 square feet of open space. (1 5,355 x 1.5 = 23.032.5 sf). over the required. overhang waiver. there remains 132,144.48 square feet of open space in excess of what we are required. request, we still have 109.1 1 1.98 sf (2.5 acres) of open space remaining in excess of what is required by code. 0 Section 78-345(c)(4)(b) requires that the additional open space be utilized to enhance the visual appearance of the improved site, the entries, and the parking areas. The applicant has accomplished this by heavily landscaping the parking lot, incorporating a landscaped plaza area, landscape treatments around the lake edge, and incorporating additional trees, shrubs and ground covers in the upland preserve area. Project Narrative - The Pointe July 15,2005 Page 13 Building Identification and Tenant Signs Above the Second Floor Section 78-285. a waiver to allow for Principal Structure Building Identification Signs to be located above the fourth floor and Section 78-285, Table 24. a waiver to allow for two (2) tenant signs, per building, above the fourth floor, with letters at a height of 36”. The applicant is requesting a waiver from the Land Development Regulations which limits the number of wall signs and the height of the wall signs. The location of this project, the unique configuration of the project and the design constraints and opportunities that resulted in the proposed site plan design. demand that the buildings be located as far from the residents and the Military Trail right-of-way as possible. In order to reduce any potential impacts to the adjacent residents, the off-setting impact to the project is a reduction in visibility. In order to maintain safe turning movements and good communication with the public. it is important that the building signs be visible to avoid confusion. The intent of the city sign code is “to facilitate an easy and pleasant communication between people and their environment”. The purpose of this waiver request is to provide easy identification for the building and it’s major tenants. This type of signage creates building identity and corporate image and for a building which sits at a major intersection of the city, it would be in the best interest of the city and the applicant to provide visible. well integrated signage. The proposed location of the sign on the parapet above the 4‘h floor is esthetically the most pleasing from an architectural balance perspective. Appropriate building identification signage also assists with the retention and attraction of tenants. The community at large will benefit from the development of this site through the planting of trees (which will ultimately block the view of the signs at the lower level), the preservation of excess open space on the site, the high quality of architectural design and the economic benefits generated by the businesses within the building. The location of the proposed sign is consistent with several buildings (Le. Admiralty 11, Sun- Trust Bank. Embassy Suites) in the surrounding area, as well as several other buildings in the City of Palm Beach Gardens that have the principal tenant wall signs on the top floor. Such signs were approved through waivers or variances. The development regulations that have allowed others within the City to be granted waivers for these wall sign locations have evolved over time. Many of the buildings around the PGA Boulevard and Interstate 95 intersection have been granted approvals to raise the height of their signs for the best visibility. Resolution 50, 2000 (approved July 6, 1 2000) Building Admiralt! II Zoning Location PIIII nith underl) ing General Cornmcrcial Militar) Trail and Southeast corner of (CG-I) PGA RlLd.. iinmediatel! east of Wacho\ ia building Sun- Trust Bank PIJI) nith iinderl!ing Gttncral Commercial (CG-1) \outh\+est corner of Milltar) Trail and PGA Blcd Ma\~mum Top parapet wall above the 5Ih floor line (waiver provided) height 2”d floor PIJD nith underl\,ing General Commercial (CG-I) PUD \\ith underl> ing (kncral Commercial (CG- I ) Planned Community District (PCII) \\ith underl) ing of’fW Immediately east of Masimum Top parapet wall Admiralty II building height 2““ floor above the IOth south side of PGA line floor (waiver Blvd. provided) Admiralty II (Embassy Maximum above 2”” floor Suites). south side of height 2“” floor line (waiver PGA Blvd. line provided) Northeast corner of Maxi mu m Top parapet wall Fairchild Gardens height 2““ floor above the 4Ih floor Ave. And I’GA Blvd. line (waiver provided) Palm Beach Gardens Medical Pav i I ion PI I I)/Pc‘I) \+ ith Northwest corner of Ma\imum underlj ing of PO PGA Blvd. And height 2”” floor Fairchild Gardens line Project Narrative - The Pointe July 15,2005 Page 14 The following Table summarizes similar approvals for the placement of wall signs: Required Provided Development Order Masimum height 2“” floor line Top parapet wall above the 1 OLh floor (waiver provided) Ordinance 14, 2000 (Approved June 5, 2000) ~ Double Tree tlotel Maxi mum height 2”” floor line Top parapet wall above the 6Ih floor (waiver provided) Ordinance 14, 1997 (approved April 3, 1997) Northeast corner of Militar] Trail and PGA Blvd. Southeast corner of I- 95 and PGA Blvd. PIJI) nith undcrl! ing (icncral Commercial (CG-I) PlJD nith underlSing General Commercial (CG-I) Marriott Hotel Maximum height 2”” floor line Top parapet w8all above the 1 1lh floor (waiver provided in PUD approval) Ordinance 20. 1987 (approved Nov. 19, 1987) Resolution 159, 1990 (approved Dec. 18, 1990) Ordinance 14, 2000 (approved June 5, 2000) limbass! Suites Boston Steak and Seafood Resolution 90, 1992 (approved Oct. 13. 1992) Resolution 2 I, 1998 (approved Mar. 19, 1998) Hank One (a.!i.a. Mac Arthur Center Bldg. Top parapet wall above the 2Ih floor (waiver provided) Resolution 172, 2004 (approved Sept. 14, 2004) ~~ PIJDIPCD nith underl! ing of PO ~~ ~ Northeast corner of’ PGA Blvd. And Alternate AIA Resolution 1 18, 1994 (approved Sept. I. 1984) Maximum height 2“* floor line above top floor ( 1 OLh floor) (waiver provided with PUD approval) UBS Paint: Weber (aka Medical Mall) (irdnd Rank Hu i Id i ng ~~ ~ Maximum height 2”” floor line ~ above top floor (3‘” floor) (waiver provided) PI ann ed Coin ni u n it ! District (PCD) \\ith underl? inp of PO Northeast corner of Lake Victoria and PGA Blvd. Project Narrative - The Pointe July 15,2005 Page 15 Building Golden Rear Plaza Zoning PIJD nith an iinderl! ing Professional Office (PO) Location East side ofI1.S. Highua! 1. immediatel\ north of the Oahbroohe Square Required Makimum height 2ns floor line Provided Top parapet wall above the 6"' tloor (waiver provided) Development Order Resolution 16, 1990 (approved Feb. 1, 2000) & Ordinance 29. 1989 (approved Oct. 18. 1989) The applicant believes that the requested waiver meets the purpose and intent of the sign code by providing an "easy and pleasant" communication that is compatible with its surroundings, promotion of the safety, health and welfare of the community, consistency with other signage approvals, the minimum size sign that is appropriate to its activity, expressive of the main tenant's identity, and, with the placement on the top floor, visible. Ground Sign Side Yard Setback Section 78-285. Table 24. a waiver to allow for an 18' reduction in the required 50' setback from a non-right-of-way property line. The location of the entrance ground sign is limited by the existing configuration of the access into the property. The entrance location was pre-determined by the dedication of right-of-way for 1-95 and the fixed location of the alignment with the median opening in Military Trail. The proposed location provides the best placement in order to maintain maximum visibility for cars entering and exiting the site and provides the safest scenario for turning movements. The residential property to the north provides a landscape buffer which will screen visibility of the sign from the abutting residents. Improvements and Landscaping in the Lake Maintenance Easements Section 78-563(e). a waiver to allow for the construction of a bulkhead within the Lake Maintenance Easement together with a waiver to allow the installation of landscape treatments within the areas of the Lake Maintenance Easement. The proposed plan of development has been designed to take advantage of the lake front and incorporate it as an amenity to the tenants and their visitors by constructing a retaining wall with seating along the northern edge of the lake. The proposed encroachment is an aesthetic improvement which will enhance the quality of life of the tenants and improve the view from the surrounding roadways. An area 12 feet in width has been provided behind the bulkheadheating wall to allow for access and maintenance opportunities. , Project Narrative - The Pointe July 15. 2005 Page 16 The applicant would also like to request a waiver to allow the planting of landscaping within the Lake Maintenance Easement. The proposed planting will enhance the required littoral planting and create a pleasing meandering edge treatment around the lake. The proposed planting's are consistent with other similar lake projects approved by the city. Access is provided at multiple points around the lake to allow for maintenance. Permits prior to platting Section 78-427. a waiver to allow for permits to be issued prior to the approval of the proposed plat by the City Council. The applicant would like to have the option to pull building permits for clearing and grading of the site prior to the recording of the plat. Due to the delays that have been beyond the control of the applicant in the review and approval of the concurrency application, the time frame for development of the site has been extraordinarily extended. Upon approval, the applicant would like to move forward with the development of the site as soon as possible. Landscape Buffer Adjacent to a Right-of-way Section 78-3 19 (a)( 1 ) - a waiver to allow for 5' reduction from 15' landscape buffer requirement at the south side of the entry drive on Military Trail adjacent to the FDOT R.O.W. The current configuration of the entrance drive was pre-determined by the dedication of the right- of-way for 1-95 and the construction of the median opening in Military Trail. The location of the drive aisle places the edge of pavement at 10' from the southern edge of the property line and the 1-95 right-of-way. The applicant is required to provide the proposed turn lanes into and out of the site for operational safety. Building Height Section 78- 145, Table 12, wavier to allow for an increase in the overall building height to 68'-4'' from the permitted 36'. The applicant is requesting a waiver to allow the height of the building to exceed the 36 foothwo story limitation and to allow the 68'-4" four-story office buildings. The height of the proposed office buildings are consistent with or lower than the height of many of the existing buildings within the city-s 1-95 corridor. The proposed buildings are also consistent with other buildings in the city that have a similar high profile location. The site plan and the architecture have been designed to minimize the effects of development of this site to the surrounding properties. By consolidating the square footage into taller structures, less lot coverage is required and more open space can be provided. More than 3 acres of additional open space has been provided as part of the design of the site. That additional open .- . Prqject Narrative - The Pointe July 15, 2005 Page 17 space has been placed throughout the site for the maximum benefit of the community and the abutting property owners. The design of the site plan has taken into account the conflicting relationship of 1-95 and the overpass to the abutting residential communities. The overall design of the site plan was a challenge due to the parcels unusual configuration, however, by placing the structures along the frontage of 1-95 the additional benefit of the creation of a noise barrier for the residents was accomplished. The preservation of the upland preserve adjacent to the residents also allows the residents to continue to enjoy a natural setting adjacent to their rear yards. With the further enhancement of the preserve area with additional trees and a heavily planted buffer, the view of the project and noise from 1-95 has been further minimized. The design of the structures has incorporated many of the design elements of the City suggested Design Guidelines for Non-residential Development, which enhance the aesthetic value of the structures. The project architect utilized the high standards of design and aesthetic appeal established by the Guidelines in the design of the buildings. He has also incorporated architectural features and patterns that provide visual interest that help to reduce the scale of the building. The height of the proposed structures is consistent with the comments and direction of many of the city residents during a recent focus group workshop on economic development initiatives. In an effort to promote the most economicly viable project it is desirable to make building construction as efficient as possible. Consolidation of the square footage into two four-story structures make the project more economically viable and in turn an asset to the City. 11/02/2005 04:40 5616240036 MATH I SON PAGE 02/03 100 Sabal Ridge Circle Palm Beach Gardens, Florida 33418 Planning & Zoning Department, City oFPalin Reach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 To Whom It May Concm: Subject: Petition PUD-OS-07-000004: The Pointe PUD. The Directors of Sabal Ridge Condominium Association, Inc., and interested unit owners have held meetings with Steve Mathison and thc project team for The Pointe office complex proposed to be built on the land to the south of our commuiity. We have reviewed the plans for The Pointe prepared by Urlm Design Studio, planner, and OGS&P Architects, architect. The Association supports The Pointe as designed by Urban Design Studio and OGS&P and appreciates the attention giveii to our community concerning the design process. Doris Semon. Director, Sabal Ridge Condominium Association, Inc. 11/02/2005 04: 40 5616240036 11/02/2005 01:29 5616240036 , MATHISON MATHI SON 8259 North Military Trail, Suite 1 1 Palm Beach ffaTdens, Florida 33410 October 28,2005 .. Planning & Zoning Dcpartment, City of Palm Beach Gatdens 10500 North Military Trail Palm Beach Gardm, Florida 33410 To Whom It May Conccm: Subject: Pcti tion PUb.05-07-000004: The Pojntc PUD. The Directors of Winchester Courts Homeowners? Association, hc., and interested unit owners have held meetings with Stcvc Mathison and the project team for The Pohte office cornplex proposed to be built on the land to the wut of our community. Wc have tevicwod the plans for The Poitite prepared by Urban Design Studio, planner, and OGS&P Arcliitects, architect, The Association supports The Pointc as designed by Urban Design Studio and OffS&P and appreciates the attention given to our community conceping the design process. 2*'P Sincerely, Don Gibson. Winchester Courts Homeowners' Association, hic, Rosd Committee -, PAGE 03/03 PAGE 02/02 \ t i . I. .- . 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DESIGN /' 64 p, 1' 5 x: I \ 5 i: 5 i: n 'I! a '1 4 P I IIIII , \ \ (F3 11 ctiecked bvJGlKS 11 I f 5 5 4 OLnTER*GLIDDEN* SPINA & PART ARCHITECTURE * INTERIOR DESIGN I rn PHON) 561 6846P41 P4X 561 6R46R90 . bWIL tmfc@gqwcho 1401 FORUM WAY, SLTE103 , WEST PALM BEACH, FLORID WuyLOk .W2I Y-M- *ANYIP W.JwmI~oy*rL nu- wmmmmmn 1L , 1 ! II 1 1 1 l I 'I / i OLIVER *GLIDDEN SPINA & PAR ARCHITECTURE * INTERIOR DESIGN Sheet Iltlf. NW BLDG EXTERIOR ELEVATIONS file nome PPG-SpDWG 11/09/05 P&Z CWMENTS drown b\ checked hvJGlKS m , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 37,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING A PARCEL OF LAND CONSISTING OF 9.18 ACRES, LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND INTERSTATE 95, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM A PROFESSIONAL OFFICE (PO) ZONING DESIGNATION TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONING DESIGNATION WITH AN UNDERLYING ZONING OF PROFESSIONAL OFFICE (PO); AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request from Anne Booth of Urban Design Studio, on behalf of Pointe Property Development, LLC, for a rezoning of a 9.18-acre parcel located at the northwest corner of Military Trail and Interstate 95 from a Professional Office (PO) zoning designation to a Planned Unit Development (PUD) Overlay zoning designation with an underlying zoning of Professional Office (PO); and WHEREAS, the subject site is currently zoned Professional Office (PO) and has a land-use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board held a duly noticed public hearing on November 8, 2005, and has recommended approval of the rezoning to the City Council with a vote of 7-0; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: November 9,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2005 Ordinance 37, 2005 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of a parcel of land, as more particularly described below, from a zoning designation of Professional Office (PO) to a zoning designation of Planned Unit Development (PUD) Overlay with an underlying zoning designation of Professional Office (PO): LEGAL DESCRIPTION: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH RECORDED IN DEED BOOK 815, PAGE 581, AND OFFICIAL RECORD BOOK 2439, PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA. COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY TRAIL AS LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01'43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01'43'24" EAST 633.61 FEET; THENCE NORTH 88'16'36" WEST 81.42 FEET; THENCE SOUTH 01 '43'24" WEST 71.37 FEET; THENCE SOUTH 05'32'14" WEST 180.40 FEET; THENCE SOUTH 01'43'24" WEST 303.13 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'30'43" EAST 119.04 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01'43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 340.43 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET; THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'27'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE NORTH 33'52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01 '48'46" WEST 178.81 2 Date Prepared: November 9,2005 Ordinance 37, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01 '43'57" EAST 733.64 FEET; THENCE NORTH 88"30'43" WEST 91 1.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43" WEST 299.14 FEET; THENCE NORTH 01 '48'46" EAST 554.37 FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00'43'22" TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. TOGETHER WITH: A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00'59'20" EAST A DISTANCE OF 9.00 FEET TO A POINT; THENCE NORTH 01'43'57" EAST A DISTANCE OF 733.64 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST QUARTER (SE %), NORTHWEST QUARTER (NW %); THENCE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF 1'03'55'' AND A CHORD BEARING OF SOUTH 41'51'52" EAST, SAID POINT ALSO NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF 100'03'25"; THENCE DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED 221.28 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A 3 Date Prepared: November 9,2005 Ordinance 37, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW %) HAVING A BEARING OF NORTH 01’43’24’’ EAST AND ALL OTHER BEARINGS ARE RELATIVE THERETO. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the Applicant or Applicant’s agent(s) at any workshop or public hearing. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2005 Ordinance 37, 2005 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\Pointe - ord 37 2005.doc FOR AGAINST ABSENT 5 Date Prepared: November 9,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 175,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND INTERSTATE 95, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 150,000 SQUARE FEET OF PROFESSIONAL REFERRED TO AS “THE POINTE PUD”; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 9.18-ACRE OFFICE SPACE AND A FIVE-LEVEL PARKING GARAGE TO BE WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received a request from Anne Booth of Urban Design Studio, on behalf of Pointe Property Development, LLC, for master development plan approval to allow the development of two 75,000 square-foot professional office buildings and a five-level parking garage to be called “The Pointe PUD”; and WHEREAS, the subject site has been rezoned to a Planned Unit Development (PUD) Overlay and has an underlying zoning designation of Professional Office (PO), in accordance with Ordinance 37, 2005; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its November 8, 2005, meeting and recommended its approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The master development plan application of Anne Booth of Urban Design Studio, on behalf of the Applicant, The Pointe Property Development, LLC, is hereby APPROVED on the following described real property, to permit the development of two 75,000 square-foot professional office buildings and a five-level parking garage on 9.18 acres of land to be referred to as "The Pointe PUD," generally located at the northwest corner of Military Trail and Interstate 95, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by o rd in ance : LEGAL DESCRIPTION: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH RECORDED IN DEED BOOK 815, PAGE 581 , AND OFFICIAL RECORD BOOK 2439, PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA. COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY TRAIL AS LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01'43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 "43'24" EAST 633.61 FEET; THENCE NORTH 88'1 6'36" WEST 81.42 FEET; THENCE SOUTH 01'43'24" WEST 71.37 FEET; THENCE SOUTH 05'32'14" WEST 180.40 FEET; THENCE SOUTH 01'43'24" WEST 303.13 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'30'43" EAST 119.04 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01'43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 340.43 FEET TO THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET; THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07'27'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE 2 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NORTH 33'52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01 '48'46" WEST 178.81 FEET; THENCE SOUTH 26'31'40'' EAST 482.71 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES 139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH 01 '43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 91 1.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43" WEST 299.14 FEET; THENCE NORTH 01 '48'46'' EAST 554.37 FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00'43'22" TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. TOGETHER WITH: A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 00'59'20" EAST A DISTANCE OF 9.00 FEET TO A POINT; THENCE NORTH 01'43'57" EAST A DISTANCE OF 733.64 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST QUARTER (SE Xi), NORTHWEST QUARTER (NW Xi); THENCE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF 1'03'55" AND A CHORD BEARING OF SOUTH 41'51'52" EAST, SAID POINT ALSO NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF 221.28 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 9,2005 Resolution 175,2005 SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF 100’03’25”; THENCE DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW %I) HAVING A BEARING OF NORTH 01’43’24” EAST AND ALL OTHER BEARINGS ARE RELATIVE THERETO. EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following nine (9) waivers: 1. 2. 3. 4. 5. 6. 7. 8. 9. Section 78-1 53, Nonresidential zoning districts, to allow for a building height of 68.4 feet for each office building and a building height of 56.4 feet for the parking garage. Section 78-285, Permitted signs, to allow for principal building signs to be located above the fourth floor line on the east and west elevations of each office building. Section 78-285, Permitted signs, to allow for an additional principal building sign on the west elevation of each office building. Section 78-285, Permitted signs, to allow for the landscaped area around the monument sign to be 6.7 feet wide. Section 78-344 (I)( I), Construction and maintenance, to allow 9.5-foot wide parking spaces within the parking garage. Section 78-345(d)( 1 ), Increase of parking spaces allowed, to allow for 25 additional parking spaces on-site. Section 78-364 (a), Number of loading spaces required, to allow for two loading spaces. Section 78-31 9 (3), Minimum landscape buffer and planting requirements, to allow for a 20-foot wide landscape buffer adjacent to the 1-95 right-of-way around the lake. Section 78-563 (c), Lake maintenance tracts, to allow for a 12-foot wide lake maintenance easement. 4 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 1. 2. 3. 4. 5. 6. 7. 8. The permitted uses shall consist of business and professional office. Medical office uses shall not be permitted on site unless a traffic equivalency analysis and a parking analysis are approved by the Growth Management Administrator and the City Engineer via Administrative Approval. (Planning & Zoning) The monument sign shall include identification for no more than three tenants and the project name “The Pointe.” The tenant signs shall not exceed 50% of the height of the project sign. (Planning & Zoning) The Applicant shall submit an updated phasing plan to the City on or before the anniversary date of the development order approval until build-out. (Planning & Zoning) If the on-site Art in Public Places (AIPP) is located within the lake, the Applicant shall install a seating area, which shall include a shade structure such as a landscape trellis in the general area of the proposed art location adjacent to the lake prior to issuance of the last Certificate of Occupancy for Phase I, subject to review and approval by the Growth Management Department. (Planning & Zoning) Prior to the issuance of the last Certificate of Occupancy for the first phase, the Applicant shall provide a fountain including aeration within the wet detention area on site. (Planning & Zoning) Prior to issuance of the first building permit, the Applicant shall post escrow or make payment in lieu for the Art in Public Places in accordance with City Code Section 78-262. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the City Council shall review and approve the artwork design, and the approved art shall be installed prior to the issuance of the last Certificate of Occupancy for Phase I. The Art in Public Places Advisory Board may require the artwork to be cumulative for both phases, and if the cost of the artwork in Phase I exceeds the AlPP requirements for Phase I, the additional cost shall count towards Phase II AlPP requirements. If the fountain is incorporated into the AIPP, credit may be given for the fountain subject to review and approval by the Art in Public Places Advisory Board and the City Council. (Planning & Zoning) Prior to the issuance of the last Certificate of Occupancy for each phase, all roof-top mechanical equipment shall be screened from view. (Planning & Zoning) 5 Date Prepared: November 9,2005 Resolution 175,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. 10. 11. 12. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities shall use a construction access off of Military Trail. (Planning & Zoning) The principal identification signs shall be limited to one type face, one color, and shall not exceed the length or height as delineated as signage copy area on the architectural elevations. The principal identification signs on the east elevations shall consist of a reverse backlight channel letter with one and one half-inch (1 %”) deep returns, and the backlighting shall be no further than one and one half-inch (1 XI’) off the wall. Backlighting for these signs on the east elevations shall be accomplished with LED bulbs, and backlighting with neon shall be prohibited. The first building sign permit to be issued by the Growth Management Department shall provide for the color and type face allowed for the office buildings. (Planning & Zoning) The only building signage allowed for this site is reflected on the City Council approved architectural elevations. No other building signage shall be allowed. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install an eight-foot wide sidewalk adjacent to the parking garage in lieu of the five-foot wide sidewalk reflected on the plans. (Planning & Zoning) Cify Foresfty 13. Within six months from the issuance of the first clearing permit, the Applicant shall remove all prohibited, invasive, and non-native plants from the site and install additional native material within the preserve, subject to the City Forester‘s review and approval. The Growth Management Administrator may grant a one-time, three-month time extension to this requirement. (Planning & Zoning) 14. Within six months from the issuance of the first clearing permit, the Applicant shall implement the City’s Military Trail Median Landscape Plan adjacent to the subject site. The Growth Management Administrator may grant a time extension to this requirement only if the Applicant has demonstrated progress in implementing this condition. (City Forester) 15. The Applicant shall maintain and irrigate the Military Trail median from the southern property terminus to the northern property terminus. The Applicant shall also maintain and irrigate the Interstate 95 road shoulder landscaping from the site entrance to the western terminus, subject to Florida Department of Transportation (FDOT) approval. This condition may be amended at any time by a separate agreement between the City and the applicant. (City Forester) 6 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 16. Within six months from the issuance of the first clearing permit, the Applicant shall install all Interstate 95 road shoulder landscaping and irrigation, subject to approval from the Florida Department of Transportation (FDOT). The Growth Management Administrator may grant a time extension to this requirement only if the Applicant has demonstrated progress in implementing this condition. (City Forester) 17. Within six months from the issuance of the first clearing permit, the Applicant shall install all buffers within Phase I in their entirety, in accordance with the Pointe Phasing Plan, sheet three of four. The Phase II buffer shall be completed within six months from the issuance of the first clearing permit for Phase II. The Growth Management Administrator may grant a one-time, three-month time extension to this requirement. (City Forestry ) 18. Any major change to the approved landscape plan that results in a downgrade, as deemed by the Growth Management Administrator, shall require approval by the City Council in accordance with City Code Section 78-306 (f). (City Forester) Police Department: 19. Metal halide lighting shall be used for all street, walkway, and parking garage lighting. (Police Department) 20. Prior to the issuance of the first Certificate of Occupancy for each phase, 27 28 29 30 31 32 21 33 34 35 36 37 38 39 22 40 41 42 43 44 45 46 lighting locations and building addresses shall not conflictwith landscaping, including long-term tree canopy growth. All light poles on-site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi-directional visibility from the roadway (when applicable), shall consist of 12 inches in height and shall be a different color than the color of the surface to which they are attached. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near entryways and adjacent sidewalks. (Police Department) 7 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 23. 24. 25. 26. 27. 28. 29. 30. Prior to the issuance of the first building permit, the Applicant shall provide a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5” X 11” map format. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all building directories and mailboxes shall be located within the buildings. (Police Department) Prior to issuance of the first Certificate of Occupancy for each phase, all structures shall be target hardened to include pre-wiring for an alarm system; all entry doors (excluding glass doors) shall be equipped with a metal plate over the threshold of locking mechanism; rear doors shall have 180 degree peephole viewers; case hardened deadbolt locks shall be on all exterior doors with minimum one-inch throw (excluding glass doors); door hinges shall be on the interior side of each door; and the main entries to all buildings shall be wired for closed circuit digital camera surveillance system. All glass doors shall be impact resistant. (Police Department) Prior to the issuance of a building permit for the second phase, the Applicant shall submit a photometric plan that complies with the Illumination Engineering Society of North America (IESNA) standards for the parking garage, subject to review and approval by the City Engineer. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the second phase, the Applicant shall provide an access control system, utilizing a key pad or card system, for all doors and elevators in the parking garage, which shall be activated between the hours of 1O:OO p.m. through 6:OO a.m. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the second phase, the Police Department shall approve the location of signs and graphics indicating exits, stairs, and elevators within the parking garage. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall work with the Police Department to develop a security plan, which may include the installation of a high-resolution, low-lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install convex mirrors in the stairwells and in all elevators in locations approved by the Police Department. (Police Department) 8 Date Prepared: November 9,2005 Resolution 175,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 31. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a stop-work order for the PUD. (Police Department) 32. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install a passive infrared activated supplemental lighting in the dumpster enclosure area. (Police Department) 33. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install a video camera in all elevators, subject to the approved security plan. (Police Department) City Engineering 34. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) 35. The Applicant shall provide the City Engineer with copies of all correspondence to and from regulatory agencies regarding issues on the Pointe PUD. (City Engineer) 36. Prior to commencement of construction for each phase, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 37. Prior to the issuance of the first land alteration permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 38. Prior to issuance of the first land alteration permit, the applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 39. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 9 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 40. 41. 42. 43. 44. 45. 46. 47. 48. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) The construction, operation, and/or maintenance of any elements of the Pointe PUD shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of the Pointe, it shall be the Applicant’s responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) No Certificates of Occupancy shall be issued until the contract is let for the extension of the northbound left-turn lane along Military Trail at the median opening, which shall provide access to the property for 420 feet (370 feet of storage and 50 feet of taper). (Palm Beach County) Prior to the issuance of the first Certificate of Occupancy, the existing U-turn lane adjacent to the subject site shall be re-striped to indicate a left turn into the subject site, subject to Palm Beach County’s approval. (City Engineer) Any amendment to the site access point shall require the Applicant to submit a revised traffic report for review and approval by the City Engineer and Palm Beach County. (City Engineer, Palm Beach County) The build-out date for the Pointe PUD shall be December 31, 2005, unless extended per City Code Section 78-61. (City Engineer) 10 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Miscellaneous 49. Prior to the issuance of the first building permit for each phase, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase. (GIs Manager, Development Compliance Officer) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Sheets 1 through 4: Site Plan, Details, Phasing Plan, and Additional Open Space Plan, prepared by Urban Design Studio, last revised on November 9, 2005, and received and stamped by the City on November IO, 2005. 2. Sheets 1 through 7: Alternative Landscape Plans, Specifications and Details, prepared by Urban Design Studio, last revised on November 9, 2005, and received and stamped by the City on November IO, 2005. 3. Sheets 1 through 4: Site Lighting Plans, prepared by Lighting Dynamics Inc., last revised on November 9, 2005, and received and stamped by the City on November IO, 2005. 4. Sheets A-I .O through A-3.5 (15 sheets total): Architectural Elevations, Floor Plans, and Roof Plans, prepared by Oliver, Glidden, Spina, & Partners, last revised on November 9, 2005, and received and stamped by the City on November IO, 2005. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 11 Date Prepared: November 9,2005 Resolution 175, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Pointe - reso 175 2005.doc 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 SUBJECT/AGENDA ITEM Ordinance 32,2005 & Resolution 152,2005: Frenchman’s Yacht Club - Rezoning and Master Plan Approval Public Hearing and Second Reading: A request by George Gentile, of Gentile, Holloway, O’Mahoney & Associates, Inc., on behalf of Avatar Properties, Inc., for a rezoning and master development plan approval to allow the development of 1 13 multifamily dwelling units within four (4) condominium buildings ranging from four (4) to five (5) stories in height and 9,990 square feet of internal office/retail space for use by the marina to be called the “Frenchman’s Yacht Club.” The 14.54-acre subject site is generally located at the southeast corner of Prosperity Farms Road and Donald Ross Road. [XI Recommendation to APPROVE with conditions and waivers [ ] Recommendation to DENY I Reviewed by: I City Attorney Finance NIA Development Bahareh Keshavarz-Wolfs, AICP Compliance & Approved By: Originating Dept.: Manager Project Planning Manager [XI Quasi - Judicial [ 3 Legislative [XI Public Hearing Advertised: Date: November 16, 2005 Paper: Palm Beach Post [XI Notified [ ] Not Required Affected Parties: [XI Notified [ ] Not Required / FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Othera Budget Acct.#: NIA CC Action: [ ]Approved [ 3 App. wl conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ 3 Rec. Denial [ 3 Continued to: Attachments: Applicant’s Justification Statement Objection Letters Development Plans and Renderings Ordinance 32,2005 Resolution 152,2005 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 EXECUTIVE SUMMARY The subject petition involves a request to develop the 14.54-acre subject property located at the southeast comer of Prosperity Farms Road and Donald Ross Road into a mid-rise multifamily residential development consisting of four (4) condominium buildings ranging in height from four (4) to five (5) stories and 9,990 square feet of ancillary retailloffice space for use by the marina. The applicant is requesting approval of six (6) waivers, all of which staff is recommending approval. It is staffs professional opinion that the applicant has adequately justified the waiver requests and mitigated the negative impacts created by the proposed development. Therefore, staff is recommending APPROVAL of the subject petition. BACKGROUND The 1,400-acre Frenchman’s Creek residential community was originally approved as a Planned Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 within unincorporated Palm Beach County. On December 15, 1988, the City Council adopted Ordinance 49, 1988 approving the annexation of the portion of the Frenchman’s Creek DRI located south of Donald Ross Road, east of Alternate AlA, and west of the Intracoastal Waterway consisting of 644 dwelling units and a 133-boat slip marina on approximately 776 acres into the City of Palm Beach Gardens. The northern portion of the Frenchman’s Creek DRI located north of Donald Ross Road was annexed into the Town of Jupiter. The existing land-use designations for the Frenchman’s Creek DRI were assigned when the City’s Comprehensive Plan was adopted in January 4, 1990. The zoning designation of Planned Community Development (PCD) was assigned to the DRI on August 19, 1994, through the adoption of Ordinance 13, 1994. The subject 14.54-acre site (the “Property”) is comprised of two (2) parcels: a 6.05-acre parcel (the “West Parcel”) on the southeast comer of Prosperity Farms Road and Donald Ross Road that is currently not within the boundaries of the Frenchman’s Creek DRI/PCD; and an 8.49-acre parcel (the “East Parcel”) that is within the boundaries of the Frenchman’s Creek DRI/PCD and currently contains the marina office and the dry boat storage facility. The applicant is proposing to develop the property as a residential waterfiont community consisting of 113 multifamily residential units within four (4) condominium buildings ranging from four (4) to five (5) stories in height overlooking the existing Frenchman’s Creek Marina. In order to allow said development on the subject site, the applicant must also obtain approval of the following petitions: *:* Petition PCDNOPC-04-02 (Resolution 162, 2005; under a separate report): A request for a Notice of Proposed Change (NOPC) and an amendment to the Frenchman’s Creek Planned Community Development/Development of Regional Impact (PCDDRI) to (1) incorporate the 6.05-acre site located at the southeast comer of Donald Ross Road and Prosperity Farms Road into the boundaries of said PCDDRI; and (2) allow for the 2 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 approval of a Use Conversion Matrix for the DRI. Note: The Department of Community Affairs (DCA) of the State of Florida and the Florida Department of Transportation (FDOT) have reviewed the proposed NOPC and have raised no objections. *3 Petition ZON/SP-04-01 (Ordinance 32, 2005 and Resolution 152, 2005; the subject petition): A request for a rezoning and master development plan approval to allow the development of 113 multifamily dwelling units and 9,990 square feet of internal officelretail space for use by the marina within four (4) condominium buildings ranging from four (4) to five (5) stories in height to be called the “Frenchman’s Yacht Club.” LAND USE & ZONING The land-use designation of the Property as shown on the City’s Future Land Use Map is Commercial (C). As stated above, the applicant is requesting by way a separate development application (PCDNOPC-04-02) approval of a Use Conversion Matrix within the PCDDRI to allow for the site to be utilized for residential uses. The West Parcel, which is not currently within the boundaries of the Frenchman’s Creek PCDDRI, has a zoning designation of Planned Development Area (PDA). The East Parcel has a Planned Community Development (PCD) zoning designation. The applicant is requesting to rezone the West Parcel to a Planned Community Development (PCD) zoning designation to include it within the Frenchman’s Creek PCDDRI and assign the Property a Residential Medium (RM) underlying zoning designation. The existing land uses and zoning designations of properties surrounding the Property are provided in the following table: (The remainder of this page was intentionally left blank.) 3 Date Prepared: November 2,2005 Meeting Date: December I, 2005 Ordinance 32,2005 Resolution 152,2005 EXISTING USE ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS ZONING LAND USE ---,--. - .-”-..L Vacant/Frenchman’s Marina OficeDry Boat Storage II Siihiert Prnnertv II Planned Development Area (PDA)/Planned Community Commercial (C) Development (PCD) T.1 - *” && Single Family Residences (Palm Beach County) raim Beacn LOU] Residential 2 UI Acre (LR-2)/ Pal, County Low Resi Units Per Acre I Palm Beach County Single Residential (RS) and Palm Beach County Multi Residential (RM) Tits Per m Beach dential 3 JLR-3) south Frenchman’s Creek MarindFrenchman’s Creek Single Family Residences II ‘Ianned Residential Low (RL) Development (PCD) - East Frenchman’s Creek Preserve Residential Low (RL) Planned Community I Development (PCD) West Frenchman’s Creek Single Family Residences Planned Community Development (PCD)/Conservation Preserved Lands Conservation (CONS) CONCURRENCY The portion of the Frenchman’s Creek DRI that lies within the City’s boundaries is vested for 3,550 dwelling units, a 281-acre golf course and a 137-berth marina. Currently there exist only 644 dwelling units within the Frenchman’s Creek PCD/PCD. The proposed development consists of 1 13 multifamily dwelling units and 9,990 square feet of internal officehetail use by the marina. The City’s traffic consultant has indicated that the proposed project does not have the potential to increase traffic beyond that currently vested for the approved PCDDRI. The project received a School Concurrency Determination from the School District of Palm Beach County on January 5, 2005, providing school concurrency for up to 260 multifamily dwelling units (the applicant’s original proposal included 260 units). The Concurrency Determination is valid for one (1) year from the date of issuance. Once a development order is issued for the project, the Concurrency Determination will be valid for the life of the development order. PROJECT DETAILS The proposed development plan consists of 1 13 multifamily residential units within four (4) condominium buildings ranging from four (4) to five (5) stories in height overlooking the existing Frenchman’s Creek Marina. Also proposed is approximately 9,990 square feet of officehetail space on the first floor of Buildings #2 and #3 to be utilized by the marina. The residential units have been placed above one (1) level of covered parking for residents. The clubhouse is proposed to be incorporated into the first level of Building #1 and includes a swimming pool, barbeque area, social/multipurpose room, fitness center, bar, living room, men’s and women’s locker rooms, sauna and steam room. A 14-foot-wide paver pedestrian walkway is proposed between the buildings and the existing marina. A majority of the units on the second level contain large lanais that face the marina. 4 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 The site will contain a manned gatehouse to allow access into the site. The main driveway creates an open view of the marina between the buildings and will contain a fountain at the central roundabout. A secondary emergency access point has been provided from Prosperity Farms Road. As part of a Stipulated Final Judgment entered into between the former property owner and Palm Beach County, a traffic signal is required to be installed by Palm Beach County at the project’s main entrance at such time when the Property is developed. Staff has included a condition of approval that requires the traffic signal to be installed with painted mast arms and operational prior to the issuance of the first Certificate of Occupancy on site. It is important to note that the project’s entrance lies directly across the entrance into the Paradise Port residential community to the north within unincorporated Palm Beach County, which will also benefit from the new traffic signal. The marina property will not be subject to the rezoning but has been included within the limits of the site plan since the required parking for the marina will be contained on the Property. A pool, pool cabana and landscaping improvements are also being proposed on the marina property. Building Heiaht The maximum number of stories proposed is five (5); the maximum mean height of the proposed structures is 59’-10”. The maximum height allowed within an RM underlying zoning district is the lesser of 36 feet or two (2) stories. The applicant is requesting a waiver from the City’s LDRs to allow for the construction of the buildings as proposed. This waiver is fbrther addressed in the “Waivers” section of this report. Density The subject parcel will have an underlying zoning designation of Residential Medium (RM), which permits up to nine (9) dwelling unitdacre, subject to the approval of a PUD or PCD by the City Council. A 14.54 acre PUD or PCD within an RM zoning district is permitted a maximum of 130 units (14.54 x 9 = 130.86). The applicant’s proposal of 113 units provides for a density of 7.78 dwelling unitdacre, which is under the maximum density allowed in the underlying zoning designation. It is important to note that the maximum density permitted within the Frenchman’s Creek PCDDRI pursuant to Resolution 53, 1992, is 4.7 dwelling unitdacre. With the addition of the 113 units on the subject site, the overall density of the PCDDRI is .98 dwelling unitdacre (757 units/776 acres). Architecture The proposed residential buildings include the following architectural elements: Spanish tile roofs, decorative out-lookers, pre-cast banding, decorative wood trellises within the second level lanais, decorative aluminum guard rails, applied stone facades and a variety of roof features that contribute to the massing and vertical articulation of the building. Building #4, which is closest to the existing residential units to the south, is being proposed at four (4) stories; all other buildings are five (5) stories. All accessory structures such as dock power supply structures and the main gate house possess the same architectural style and elements as the main buildings. 5 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 The first floor of Buildings #2 and #3 will contain storefront windows and canvas awnings for the retail/office areas. The portions of the first floor adjacent to the covered parking contain openings with vented metal shutters and decorative metal screening to allow light, air and visibility into the covered parking area. Staff is generally satisfied with the level of detail and the massing of the proposed buildings. Coastal Area Objective 5.1.1. of the City’s Comprehensive Plan defines the City’s coastal high hazard area (the “Coastal Area”) as the Category 1 Hurricane evacuation area consistent with Section 163.3178(3)(~)(2), Florida Statutes. The City’s Coastal Area is depicted on Map F of the City’s Comprehensive Plan. A majority of the Property lies within the Coastal Area. Pursuant to Policies 5.1.6.1., 5.1.6.2., and 5.1.3.1. of the City’s Comprehensive Plan, staff has included a condition of approval that requires the applicant to demonstrate that (1) the sanitary sewer facilities on site are flood-proofed to prevent inflow and ensure that raw sewage will not leak from sanitary sewer facilities during flood events; (2) the construction techniques on site are consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program; and (3) best management practices are used on site to prevent surface run-off from degrading the water quality of Little Lake Worth or the Intracoastal Waterway. Environmental Issues The environmental assessment for the subject site conducted by Environmental Services, Inc., dated April 2004, identifies a 0.1-acre mangrove swamp on the eastern border of the site directly adjacent to the Frenchman’s Creek Preserve, which is comprised entirely of a wetland mangrove swamp. In accordance with Section 78-246 of the City’s LDRs, lands containing mangrove swamps are designated as environmentally significant lands. The City’s LDRs and Comprehensive Plan encourage the preservation and protection of the ecological values and functions of the City’s natural resources and environmentally significant lands from alterations that would result in the loss or significant degradation of these habitats in perpetuity. Section 78-250(1) requires an upland buffer composed of native vegetation to be established around wetland areas. The buffer shall be a minimum of 15 feet in width from the landward edge of the wetland in all places and an average of 25 feet in width from the landward edge of the wetland. At the request of staff, the applicant has modified the site and landscape plan in a manner that ensures the protection and viability of the existing mangrove wetland on site. The required buffer adjacent to the wetland area has also been provided to the satisfaction of staff. Staff has included a condition of approval that requires the existing mangrove swamp to be platted as such to ensure its protection in perpetuity. Approval of the plat is required prior to the issuance of the first building permit on site. 6 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 Landscaping and ODen Space The City’s LDRs require 24,405 landscape points on site; the applicant is providing 28,291 points. Pursuant to Section 78-319(b)(4) of the City’s LDRs, Coastal areas as designated in the City’s Comprehensive Plan shall be required to have 90 percent native species on site. The proposed landscape palette consisting of, amongst other species, Gumbo Limbo, Live Oak, Slash Pine, Royal Palm, Cabbage Palm, Silver and Green Buttonwood, and Sea Grape, satisfies this requirement. Certain Live Oak and Cabbage Palm species existing on site will be preserved and relocated to other areas on site. Royal Palms line the entry drive and are found at other prominent areas on site. At the request of staff, the applicant has provided substantial foundation landscaping around the buildings. Landscape Buffers: The portion of the Property along Donald Ross Road is subject to the provisions of the Parkway Overlay District established in Section 78-23 1 of the LDRs. As required, the applicant has provided a 150-foot parkway easement (measured from the centerline of the right- of-way) for approximately 500 feet along Donald Ross Road; however, said easement is reduced by approximately 22.33 feet to 127.67 feet near the project’s entrance (The applicant has requested a waiver to allow said reduction which is discussed in the “Waivers” section of this report.). Upon review of the landscape plans, it is staffs opinion that the proposed parkway easement meets the intent of Section 78-23 1 of the LDRs relating to the Parkway Overlay District. The portion of the Property east of the project entrance is adjacent to the ramp for the Donald Ross Road Bridge over the Intracoastal Waterway. The applicant has included a 25-foot wide landscape buffer with the area adjacent to the bridge and a 15-foot landscape buffer along Prosperity Farms Road. As requested by staff, the applicant has provided the required buffer adjacent to the mangrove wetland to ensure its protection. There is no buffer being proposed between the Property and the marina property in order to allow the residents views of and access to the marina. Signane The applicant is proposing one (1) sign on each site of the main entrance that reads “Frenchman’s Yacht Club.” The individually mounted channel letters will not exceed 24 inches in height; the copy area will not exceed 60 square feet. Staff does not have any objection to the signage proposed. The applicant has stated that typical wall mounted channel letter signage will not be utilized for the ancillary retail and offices uses on site so as not to detract from the residential character of the buildings. Instead, the applicant wishes to utilize blade signs that protrude perpendicularly from the building, but does not wish to provide the details since the tenants are not known at this time. Staff feels that blade signs, if tastefully constructed and installed, will compliment the residential uses on site. Staff has included a condition of approval that requires the blade signs to be approved by way of an administrative approval prior to the issuance of a building permit for the signs. Staff will ensure that the signs are tastefully designed and are uniform in size and appearance. 7 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 Parkinz The total parking required for site pursuant to the City’s LDRs, including the required parking for the residential units, the officehetail uses on site, and the existing marina is 407 spaces. The applicant has provided 461 spaces, 242 of which are contained within the covered parking structure. Those spaces, along with 78 spaces outside of the covered parking structure, are located behind unmanned access gates located within the site and are intended for use by the residents only. The remaining 141 spaces will be utilized for use by the marina, the retail and office uses, and guests. All spaces within the garage are proposed at nine (9) feet in width; the 36 paver parking spaces along the main drive are proposed at nine and one-half (1/2) feet in width. These spaces require a waiver from the City’s LDRs that is discussed in the “Waivers’’ section of this report. All other spaces are 10 feet in width. WAIVERS The applicant is requesting approval of the following six (6) waivers SUMMARY OF REQUESTED WAIVERS Code Section Section 78-23 l(f)(l)a. of the City’s LDR’s, entitled Right-of-way and easements Section 78-345(d)( 1) of the City’s LDRs, entitled Increase of parking spaces allowed Section 78-141 of the City’s LDRs, entitled Residential zoning district regulations Section 78-344 (I)( l), entitled Minimum dimensions (of off-street parking) Section 78-285, Table 24, entitled Permanent Signs Section 78-182, entitled Illumination of uses and buildinns Required 150-foot easement measured from centerline of ROW Parlung provided shall not exceed 10% of required Max Building Height: Lesser of 36 feet or two (2) stories 10’ wide One (1) sign per entry 10 foot candle max within parlung, areas Provided 127.67 at the narrowest point Parking provided is 13% of required 59’- 10” max mean height of roof; five (5) stories 242 spaces at 9’ wide & 36 spaces at 9.5’ wide Two residential (2) signs at the entrance, in addition to the existing marina sign in the entrance median IESNA standards Recommendation Approval (1) Approval (2) Approval (3) Approval (4) Approval (5) Approval (6) 1. Waiver from Section 78-231(f)(l)a. of the City’s LDRs entitled Right-of-way and easements, to allow for a reduction in the required Donald Ross Road Parkway to 127.67 feet at its narrowest point. Said section requires a 150-foot parkway easement measured from the centerline of the road. Applicant’s Justification: The applicant has provided the required 150-foot parkway 8 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 easement for approximately 500 feet along Donald Ross Road. The applicant is requesting to reduce the width of the easement to 127.67 feet at its narrowest point near the project’s entrance in order to provide for a guest parking area. In order to justify the reduction, the applicant has provided an additional open space area in the northwest vicinity. Staff Analysis: Staff has performed an analysis comparing the area of the parkway easement that would be required if a 150-foot easement was provided along the entire portion Donald Ross Road that is not adjacent to the Intracoastal Bridge, as required by the LDRs, vs. the area on the proposed site and landscape plan that is considered by staff to be included in the Donald Ross Road Parkway. The area required by the LDRs is approximately 133,500 square feet of parkway easement; the area provided on the plan that is considered to be included in the Parkway is approximately 172,500 square feet. Staff believes the proposed site and landscape design satisfies the intent of the parkway requirements and, therefore, recommends APPROVAL of the requested waiver. 2. Waiver from Section 78-345(d)( 1) of the City’s LDRs entitled Increase ofparking spaces allowed, to allow for an increase in the number of parking spaces provided equal to 13% of the required number of spaces. Said section limits the number of parking spaces on site to 10% of that required. Four hundred seven (407) parking spaces are required; 448 (10% of required) would be permitted by Code. Four hundred sixty-one (461) spaces are proposed; 17 spaces beyond that allowed by Code. Applicant’s Justification: The applicant states that the additional spaces are needed for the marina guests, as the Code requirement of one (1) space per two (2) slips is insufficient to meet the needs of the users of the marina. Staff Analysis: The existing marina contains 119 parking spaces. The LDRs only require 67 spaces to be provided for use by the marina, which have been provided by the applicant. The applicant is proposing an additional 54 parking spaces on site beyond what is required by Code to provide additional parking for the users of the marina. The LDRs allow up to 41 additional spaces on site without a waiver. A waiver is required to provide an additional 13 spaces for a total of 54 additional spaces. Should the requested waiver be granted, there will be 12 1 parking spaces for use by the marina. Based on discussions with users of the existing marina and site visits to the marina, staff agrees with the applicant that the current code requirement of 67 spaces for marina parking is insufficient to meet the needs of the users of the marina. The applicant has provided the additional open space required by Code when an increase in parking is proposed. Staff recommends APPROVAL of the waiver request. 3. Waiver from 78-141 of the City’s LDRs, entitled Residential zoning district regulations, to allow for three (3) buildings at five (5) stories in height, one (1) building at four (4) stories in height, and a maximum mean building height of 59’-10”. Said section limits buildings within a Residential Medium (RM) zoning district to the lesser of 36 feet or two (2) stories. Applicant’s Justification: The applicant has stated that the project has been carehlly 9 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 designed to engage the marina located at the rear of the property and create a strong residential link to the City of Palm Beach Gardens. The applicant Mher states that it is necessary to exceed the maximum 36-foot height regulation in order to provide significant architectural interest while maintaining consistency with the existing community. The applicant states that the proposed use is more consistent with the surrounding residential community than a larger commercial project which could be permitted under the property’s current zoning and land use. Staffs Analysis: The original submittal for the subject petition proposed four (4) buildings ranging from eight (8) to ten (10) stories in height, at which time staff did not feel that the project was compatible with the surrounding residential communities. During the review process, the applicant has reduced the number of units from 260 to 113 and has reduced the buildings down to a maximum of five (5) stories. The proposed density (7.78 ddacre) is within that permitted with the Residential Medium (RM) zoning designation (9 ddacre). The subject property is bounded by Donald Ross Road to the north, Prosperity Farms Road to the west, the existing Frenchman’s Creek Marina (now referred to as “Loggerhead Marina”) to the south, and the Frenchman’s Creek Preserve to the east. Due to its location relative to two (2) major arterials and the fact that the subject site is set apart from the adjacent single family neighborhoods by the aforesaid physical barriers, it is staffs professional opinion that the subject site is suitable to contain a higher densityhntensity than that of the surrounding properties. Staff feels that the proposed buildings and site have been designed to minimize any negative impacts on surrounding properties. Staff recommends APPROVAL of the waiver request to allow for an increased building height as proposed. 4. Waiver from City Code Section 78-344 (1)(1), entitled Minimum dimensions (of off-street parking), to allow for 242 nine (9) foot-wide parking spaces within the covered parking structure and 35 nine and one-half (9.5) foot-wide along the main driveway. City Code requires 10-foot-wide parking spaces. Applicant’s Justification: The applicant has stated that the reduction in the parking stall width will allow for additional green space and amenity space for residents and visitors. Staff Analysis: The applicant has provided the additional open space required to allow for a reduction in parking stall width. Staff does not have an issue with the nine (9) foot wide parking spaces within the covered parking structure as they will be used solely by the residents. (Note: the parking stall widths of recently approved parking garages are as follows: Legacy Place PCD (commercial), PGA National Resort, & Landmark: nine (9) feet wide; Downtown at the Gardens: nine and one-half (9.5) feet wide). Previously, the applicant was proposing 39 nine (9) foot wide parking spaces along the main driveway of the site. Staff recommended that the applicant at least provide nine and one- half (9.5) foot spaces along the main drive as these will be used by visitors to the retail and office uses and well as to the marina. Since the PZAB hearing, the applicant has amended the plan to include nine and one-half (9.5) foot wide spaces along the main drive. In conclusion, staff recommends APPROVAL of the requested waiver. 10 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 5. Waiver from Section 78-285, Table 24, entitled Permanent Signs, to allow for one (1) sign on each side of the entry into the development. Said section only allows one (1) sign per entry into a residential development. Applicant’s Justification: The applicant has stated that a sign is needed on both sides of the entry to provide identification to the site for traffic heading east both east and west on Donald Ross Road. Staff Analysis: Staff agrees with the applicant’s justification and, therefore, recommends APPROVAL of the waiver request. It is important to note that the existing Frenchman’s Creek Marina sign in the median at the entrance to the marina will remain to provide identification thereto. 6. Waiver from City Code Section 78-182 to allow for higher lighting levels than are permitted by Code within the parking garage in order to meet the lighting standards for parking garages established by the Illuminating Engineering Society of North America (IESNA). City Code requires the maximum foot candle within parking lots to be 10.0 foot candles. Stuff Analvsis: The City’s Police Department and Growth Management staff have requested that the lighting within the parking garage meet the lighting standards for parking garages established by the Illuminating Engineering Society of North America (IESNA) to allow for heightened vehicular navigation and safety therein. Staff has required the same within other parking garages within the City. Staff recommends APPROVAL of the waiver request. CITY COUNCIL At its October 20, 2005, meeting, the City Council reviewed the subject petition and voted 4-0 to approve Ordinance 32, 2005 on First Reading. A summary of the comments made by the City Council relative to the subject petition are as follows: *:* No outdoor amplification should be allowed on site. Staff Response: Staff has included a condition of approval prohibiting the same. *:* The City Council suggested that the applicant work the residents to the north to improve the project in a manner that best addresses their concerns. Stuff ResDonse: In an effort to address the concerns of the residents, the applicant has made the following changes to the development plans: i) The applicant has reduced the height of an architectural tower feature found on each building, as reflected on the following page. (Note: This did not reduce the maximum mean roof height of the buildings due to the method by which maximum height is measured, pursuant to the City’s LDRs. The maximum mean roof height on site remains at 59’-lo”.) 11 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 Previously Proposed Elevation (above) Currently Proposed Elevation (above) ii) The applicant has added 11 Tree Ligustrum at 10 feet in height and three (3) Live Oak trees at 22 feet height within the Donald Ross Road median between the subject property and the neighborhood to the north to provide hrther screening of the buildings from the north. iii) Donald Ross Road buffer as indicated below: The applicant has increased the size and quantity of the landscaping within the a) in height from 18 feet to 22 feet. b) from 12 feet to 16 feet. c) in height from 18 feet to 22 feet. Gumbo Limbo: Two (2) have been added (77 total); 14 have been increased Slash Pine: 15 have been added (71 total); 13 have been increased in height Live Oak: Two (2) have been added on site (54 total); 14 have been increased 12 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Ordinance 32,2005 Resolution 152,2005 d) Cabbage Palm: 19 have been added. As of the date of the preparation of this report, the applicant has indicated that a meeting with the residents to the north had not yet been held. The applicant reassured staff that such a meeting would take place prior to Second Reading. Staff will have an update relative to the same at Second Reading. e3 The City Council stated that no office uses other than those that are ancillary to the marina or that would only serve the residents @.e. condominium office, etc.) should be permitted. Stuff Response: Staff has amended the condition relating to the same to reflect the City Council’s direction. e3 Although no comments were made by the City Council relative to the bus shelter requested by staff, the applicant requested at First Reading that the condition relating to the construction of the bus shelter be amended to require the applicant to construct the bus shelter prior to the issuance of the first Certificate of Occupancy. Stqff Response: Staff does not have any issue with the applicant’s request and, therefore, has amended the condition to reflect the applicant’s request. STAFF RECOMMENDATION It is staffs professional opinion that the current development plans have been designed to mitigate any negative impacts to the greatest extent possible and that the requested waivers are reasonable and have been adequately justified. Therefore, staff recommends APPROVAL of Ordinance 32, 2005 and Resolution 152, 2005, subject to the conditions listed therein. It is important to note that Resolution 152, 2005 has been prepared in accordance with staffs recommendation related to the subject petition and requested waivers. 13 Kara Baxter, Esq. baxterk@tJaw.com (561) 650-7987 November 1,2005 HAND DELIVERY Michael J. Sanchez, AICP Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410-4698 Re: Frenchman's Yacht Club Dear Mr. Sanchez: Enclosed please find the revised architectural plans for the Frenchman's Yacht Club project. These elevations have been revised to address comments from members of the public received at the City Council meeting of October 20, 2005. You will also note that the applicant has increased the quantity and the overall height of the landscape along Donald Ross Road. Additionally, the applicant has added plant material in the median between the frontage road and Donald Ross Road. We have also enclosed responses to LBFH's comments dated September 19,2005. Please let me know if you have any questions. Very truly yours, Kgra K. Baxter Enclosures cc: Mr. Ken Blair: Mr. Eric Finkelberg Mr. Jeffrey. Daley Mr. John Gavenas Mr. George Gentile Ms. Jennifer Richards Mr, Joel Wantman Mr. Ray-Graziotto CITY OF PALM BCH GDNS PLANNING & ZONING DIV CreenbergTraurig, P.A. I Attorneys at Law I 777 South Flagler Drive I Suite 300 East I West Palm Beach, FL 33401 Tel 561.650.7900 I Fax 561.655.6222 UBANY 4MSTERDAM 9TLA N TA 30CA RATON 3OSlON CHICAGO DALLAS DELAWARE DENVER FORT LAUDERDALE HOUSTON LAS VEGAS LOS ANCELES MIAMI MILAN' NEW JERSEY NEW YORK ORANGE CWNN,CA ORLANDO PHILADELPHIA PHOENM ROME. SIUCON VALLEY TAWHASSEE TOKYO' TYSONS CORNER WASHINGTON, RC WEST PALM BEACH ZURICH 'Svnegk Wimr T*rnh5Uatcdr Auuu www.gt1aw.com FRENCHMAN’S YACHT CLUB Project Narrative and Justification Statement City of Palm Beach Gardens September 12,2005 Project Location: The proposed Frenchman’s Yacht Club is located on the southeast comer of Prosperity Fanns Road and Donald Ross Road. The property included in this application totals 24.42 acres, which is comprised of a 6.05-acre parcel (Western Parcel), an 8.49-acre parcel (Eastem Parcel), and 9.88 acres which represents the existing Marina basin. While the acreage of the existing Marina basin has been added to this Project Narrative at staffs request, the ownership, use, size, number and configuration of the slips remains unchanged. For the purposes of this Narrative, “Project’’ means only the 6.05-acre parcel (Western Parcel), an 8.49-acre parcel (Eastern Parcel) totaling 14.54 acres. ’ Frenchman’s Creek DRI: The 1,400 acre Frenchman’s Creek Development of Regional Impact (DRI) was originally approved as a DRI in Palm Beach County in 1973. While in unincorporated Palm Beach County, the Frenchman’s Creek residential community was approved as a planned unit development with 644 dwelling units. The southern 776 acres, located within the City of Palm Beach Gardens and located east of Alternate AM, south of Donald Ross Road and west of the Intracoastal Waterway, were annexed into the City of Palm Beach Gardens in 1988. The northern half (north of Donald Ross Road) was annexed into the Town of Jupiter in 1990. The DRI was never amended to reduce the total number of dwelling units, therefore, the development remained vested for 3,648 units. Currently, the Eastern Parcel is located within the Frenchman’s Creek Development of Regional Impact (and Planned Community Development District). An NOPC Application is pending to include the Western Parcel within the DRI. Future Land-use and Zoning Designation: The proposed Project has a Future Land-Use designation of Commercial. The Western (6.05 acre) Parcel is zoned PDA (Planned Development Area District) and is not part of the existing DRI. The Eastern (8.49 acre) Parcel, is zoned PCD (Planned Community Development District) and is included in the Frenchman’s Creek DRI. The Applicant is requesting approval of a Use Conversion Matrix similar to what has been implemented at other DRI development orders in the City. The Matrix establishes a conversion factor to change commercial (retail & office) intensities to residential units or Residential Use to Commercial Uses. The conversion factor is within the concurrency levels vested within the DRI and will not exceed density levels established in the Development Order or the City’s Comprehensive Plan. This request is consistent with the City of Palm Beach Gardens “Vision Plan” adopted by the City Council on November 22, 1996. The Applicant is also requesting to rezone the Project to PCD Overlay with an underlying Residential Medium zoning designation. The applicant is proposing to develop the Eastern and Western parcels as a multi-use waterfront community. The Project, to be named Frenchman’s Yacht Club, will ha3 .q gq Proposed Project: entrance fiom Donald Ross Road. The major components are four (4) condominiump : & *.. 8( ZCk‘iPljG , which overlook the existing marina. Buildings 1,2 and 3 will be five (5) stories or 59’-10” (four stories of residential over parking) while Building 4 will be four (4) stories or 49’-6” (three stories of residential over parking) and will provide a total of 113 dwelling units. This represents a reduction of 53.4 feet in height and a reduction of 147 dwelling units fiom the original proposal for this Project, resulting from discussions with Frenchman’s Creek residents. In addition to the residential units, there will be a total of 9,990 square feet of internal officehetail space as accessory to the marina. The commercial space will be located on the first floor of Buildings 2 and 3. Parking for the project will be provided by a combination of surface parking and parking garage under the buildings. Parking will be provided for the residents (290 spaces which includes 14 guest spaces), accessory commercial (50 spaces), and for the existing marina (67 spaces). A total of 407 parking spaces are required by Code, and 461 spaces will be provided. Pursuant to Section 78-345(d)(1), the Applicant is seeking 41 parking spaces (which represents a 10% increase allowed by Code without a waiver) and is requesting a waiver for an additional 13 parking spaces for its guests. In addition, there will be vehicular access for emergency vehicles throughout the Project and along the marina basin. A secondary emergency access point is provided from Prosperity Farms Road. Along with the view of the marina, the Project will provide additional amenities for the residents. These amenities include a yacht club that contains a pool, spa, grill area, meeting room, and fitness area, a centrally located fountain and plaza, a marina front promenade, paving and architectural features, and pedestrian connections and plazas throughout the project. Projects within the PCD overlay district are allowed to request certain waivers from the Land Development Regulations. In consideration of staffs comments, and after speaking with residents of the adjacent communities, the applicant has reduced the number of waiver requests contained in the original application from eight (8) to five (5). The applicant is requesting the following waivers: 1. Reduced width of Donald Ross Road Parkway. We have provided a 150’ parkway easement (measured fiom the centerline of the right-bf-way) for approximately 500’ along Donald Ross Road. We are requesting to reduce the width by 27.33’ to 122.67’ near the Project’s entrance. Additional open space has been provided at the western comer of the site. At the intersection of Prosperity Farms Road, there is an additional 100’ open space. To the east of the Project’s entrance, the applicant has ended the parhay and provided a 25’ landscape buffer. This buffer is adjacent to the ramp of the bridge and not appropriate for a parkway. 2. Increased Building Height and Additional Stories. The applicant is requesting a waiver fiom the maximum height requirement in the RM zoning district as described in Section 78-141, Table 10, which specifies a maximum building height of the lesser of 2 stories or 36 feet. Because the Applicant reduced the density of the project from 13 units per acre to 8 units per acre, staffrequested that the Applicant rezone the property to the RM zoning district. The Project will be designed as a residential condominium development that will support 113 residential units within four buildings that are four (4) to five (5) stories high. The height of the buildings as measured per the Code is 49’4“ and 59’-10” 2 3. 4. respectively, requiring a waiver of 23.83 feet fiom the permitted height of 36 feet, along with a waiver for, three (3) additional stories. The proposed residential development at this site will only use a portion of the remaining residential entitlement within the DRI. The Project has been carefully designed to engage the marina located at the rear of the property and create a strong residential link to the City of Palm Beach Gardens. It is necessary to exceed the maximum 36-foot height regulation in order to provide significant architectural interest while maintaining consistency with the existing community. The Gardens Mall, Good Sam North, Veridian, Stiles (Bank One Building), the 3 80 1 Building, Gardens Plaza, and the Landmark Condominium define the dominant vertical scale of the City. The project is carefully designed to be consistent with adjacent development by only proposing 113 residential units even though there is a balance of 3,011 approved units available within the DIU. The proposed use is more consistent with the surrounding residential community than a larger commercial project which could be permitted under the property’s current zoning and land use. The applicant has worked closely with members of the adjacent residential communities to address their expressed concerns. Reduced Parking Stall Dimensions. The applicant is requesting a reduction in the minimum width dimension of the standard space as described in Section 78-344(L)(l)(a) of ten feet. The applicant is requesting the minimum space requirement be reduced to nine feet within the garage structure and 9.5 feet for the proposed commercial spaces. The reduction in the parking stall width will allow for additional green space and amenity space for residents and visitors. The applicant is not seeking a reduction in parking stall width for the majority of the surface parking spaces. Additional Parking. The applicant is questing an additional 17 parking spaces above the total permitted in Section 78-345 and Table 33. Please see Attachment A below which is a Table depicting that pursuant to the Code, 290 spaces will be provided for the residents (which includes 14 guest spaces), 67 spaces will be provided for the existing marina, 50 spaces will be provided for the accessory commercial use, and 41 additional parking spaces are provided (which represents a 10% increase allowed by the LDR without a waiver). This totals 448 parking spaces. This request is for an additional 13 parking spaces to total 461 parking spaces. These additional spaces are needed for the marina guests, as the Code requirement of one space for two slips is insufficient to meet the needs of users of the marina, and also to provide increased guest parking for future residents. Pursuant to Section 78-345(d), the Applicant is providing additional open space at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area. 5. Permanent Signs. The applicant is requesting a waiver from Section 78-285, Table 24, to allow for one (1) sign on each side of the entry into the Project. This request is needed in order to place a sign on both sides of the entry to provide identification to the Project for traffic headinn both east and west on Donald Ross Road. 3 ATTACHMENT A PARKING REQUIREMENTS CALCULATIONS “DWELLING, MULTIPLE FAMILY”: 1 space per bedroom Plus minimum of 5% of total required spaces for guest parking 2-bed units x 63 = 126 bedrooms 3-bed units x 50 = 150 bedrooms 5% of 276 spaces TOTAL SPACES 276 14 “MARINA, COMMERCIAL”: 1 mace Der two wet slim Plus 1 space per 5 dry slips plus the greater of 1 space per 200 square feet of accessory uses or reauired parking for additional ~ 133 slips / 2 67 9,900 / 200 50 10% INCREASE per Section 78-345(d)(l) without waiver 407 x 10% 41 SUBTOTAL 448 I WAIVERREQUEST I +13 I 461 4 CITY OF PALM BEACH GARDENS MEMORANDUM To: Planning, Zoning, and Appeals Boardmembe s From: Michael J. Sanchez, Planning Manager Date: 8/23/2005 i.l.R Re: Letters Received to Date Regarding Proposed Development Plans for Frenchman’s Yacht Club Attached please find letters received to date by the Growth Management Department regarding the proposed development plans for Frenchman’s Yacht Club. Should you have any questions or comments, please do not hesitate to contact me at 799-4241. FROM : FRXNO, : Greenberu Y Traurig Alfred J. Malofatlo Tel. 561.860.7008 Fax 601.838.0808 Molohttd~gt&w.corn August 17,2005 By E-Mail & Regular Mail Michael J. Sanchez, AICP Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410-4698 Re: Frenchman’s Yacht Club Dear Michael: On behalf of Avatar Properties, thank you for allowing us the opportunity to respond to Mr. Jay Bramson’s letter dated August 10, 2005 (attached for your convenience). Mr. Bramson’ s letter expresses concerns regarding the number of parking spaces proposed for Frenchman’s Yacht Club, and the distance of the spaces from the docks. In response, we respecthlly offer the following: First, as to the number of parking spaces, we agree with Mr. Bramson that 67 spaces, as required by the City’s Code for the existing marina, is not enough. This represents one space per slip (133 / 2 = 67). It is for this reason that we are requesting 41 additional parking spaces, which represents a 10% increase allowed by Code without a waiver and an additional 17 parking spaces through our wavier request. While only 407 parking spaces are required by Code, 465 spaces will be provided. So, in fact, more than 67 spaces will be available for marina parking. We have also requested a waiver for the reduction in the minimum width dimension of the standard space from ten feet to nine feet for the proposed commercial spaces, including the parking spaces which would serve the marina. The reduction in the parking stall width will allow for additional parking spaces for the marina while providing sufficient green space and amenity space. Denial of this waiver request, as currently contemplated by staff, would result in a loss of six (6) parking spaces closest to the marina. The two requested parking related waivers, if granted, will help alleviate the concerns raised by Mr. Bramson. In regard to Mr. Bramson’s concern regarding the distance of the parking spaces from the docks, we would note that the ownership, operation, use, size, and number and configuration of boat slips at the marina remains unchanged. The Loggerhead Club and Marina does not currently permit heavy boat maintenance at the marina. However, a Creenberg Traurig, P.A. I Attorneys at law I 777 South Flagler Drive I Suite 300 East I West Palm Beach. FL 33401 Tel 561.650.7900 I Fax 561.655.6222 UBANY AMSTERDAM ATLANTA BOCA RATON BOSTON CtiicAco DALLAS DENVER roai UUDERDALE LOS ANCELES MIAMI NEW JERSEY NEW YORK OUNCE COUNTY. CA ORLANDO PHlLADFLPHlA PHOINIX SILICON VALLFY lAlLAW5S€L NSONS CORNER WASHINGTON. RC. WIST PAM BEACH WILMINGTON ZURICH www.gtlaw.com Michael J. Sanchez, AICP August 17,2005 Page 2 convenient system will be in place to address Mr. Bramson’s concerns. The marina is and will be manned by dock assistants who will provide service and assistance to boat owners, crews, and maintenance personnel, including golf cart transportation from the parking areas to the docks, In addition, there will be access for emergency vehicles directly to the marina basin. We hope that we have addressed Mr. assistance or answer any questions, please do If we can provide further cc: Mr. Jay H. Bramson Mr. Ken Blair Mr. Eric Finkelberg Mr. Jeffrey Daley Mr. John Gavenas Mr. George Gentile Kara Baxter, Esq. Greenberg Traurig. PA. August 2,2005 VIA U.S. MAIL City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 334 10 Re: Opposition to the potential development on the southeast corner of Prosperity Farms Road and Donald Ross Road - PETITION ZON/SP -04-01; PETITION PCD/NOPC -04-02; PETITION CP -04-04 -FRENCHMAN’S YACHT CLUB To Whom It May Concern: Please accept this letter as representation of my opposition to the proposed land use and zoning change in regards to: PETITION ZON/SP -04-01; PETITION PCD/NOPC -04-02; As a resident of The Cove, I oppose the development of four (4) high-rise condominium units so close to our property. We feel that the development would be looking right into our back yards. Additionally, when I bought our property it was with the knowledge that the subject property would be developed as a commercial parcel. The comprehensive land use plan put in place by Palm Beach County and approved by the State of Florida contemplated a commercial use for this site and I believe that the public would be best served by the developer complying with said land use and zoning restrictions. Unfortunately, I cannot attend the meeting, but wanted my opposition to the project noted. PETITION CP -04-04 - FRENCHMAN’S YACHT CLUB. Respectfully, Li& M. Miller APRIL 5, 2005 MR TALAL M BENOTHMAN - PLANNING AND ZONING DIVISION DIRECTOR 10500 N MILITARY TR PALM BEACH GARDENS, FL 33410 RE: PETITION ZON/SP 04 01 FRENCHMAN'S YACHT CLUB DEAR MR BENOTHMAN: WHEN THE RESIDENTS OF PARADISE PORT, FRENCHMAN'S CREEK, AND MILLER DR LEARNED THAT AVATAR PROPERTIES INC HAD REQUESTED A REZONING WITH MULTIFAMILY DWELLINGS RANGING FROM SEVEN TO TEN STORIES TN HEIGHT, WE WERE ALARMED AND VERY CONCERNED. COUNTY COMMISSIONER, KAREN MARCUS, SET UP A MEETING WITH REPRESENTATIVES OF AVATAR PROPERTIES, INC TO MEET WITH US ON MARCH 5,2005, AT THE NORTH COUNTY COURTHOUSE TO PRESENT THEIR PLANS AND LISTEN TO OUR CONCERNS. SHE REQUESTED THAT WE INFORM YOU, IN WRITING OF THE NEIGHBORHOOD CONSENSUS. ONE: LIMIT MAXIMUM HEIGHT TO FORTY FEET INCLUDING GARAGE. TWO: INSTALL TRAFFIC LIGHTS WITH FRENCHMANS ENTRANCE MOVED WEST TO ALIGN WITH THE INTERSECTION ON THE NORTH SIDE .. OF DONALD ROSS ROAD. THIRD: PROVIDE LANDSCAPING TO THIS AREA OF DONALD ROSS ROAD TO MAINTAIN THE BEAUTY AND DESIRABILITY OF PALM BEACH GARDENSANDTHE NORTH ENDOF THE COUNTY, WE REQUEST THAT YOU NOT SET A PRECEDENT FOR HIGH RISES IN RESIDENTIAL AREAS. YOUR TRULY. %-&B WILLIAM J. AND HARRIETTE MCANALLY t 1 QT( OF PALM BEACH GARDENS I Nigel J. Taylor 14081 Leeward Way Palm Beach Gardens Florida 3341 0 Tel: (561) 624-3852 April 18, 2005 APR 2 5 2005 PusNNlNG &ZONING DEPT, 4 LETTER IN OPPOSITION Mr. Tala1 M. Benothman Planning and Zoning Division Director 10500 N. Military Trail Palm Beach Gardens, FI 33410 Re: Petition ZON/SP-04-01; Petition PCD/NOPC-04-02; Petition CP-04-04- Frenchman’s yacht; Petition to Re-Zone from Commercial (C) to Residential High (RH) In compliance with Public Hearing dated March 5, 2005 Dear Sir: I am a resident of Paradise Port and wish to make my objections know with regard to the above re-zoning applications requested by Avatar Properties, Inc., to build a multi- use residential, waterfront community located at the Southeast corner of Donald Ross Road and Prosperity Farms Road. First, as can plainly be seem from the surrounding neighborhoods a eye-sore such as four (4) high-rised apartment buildings in this site would be not only be out of proportion with the rest of the area but the highest building west of the Donald Ross Road bridge, even the apartments in Abacoa are not as high as suggested in this plan, I believe as many do that with buildings of this high much of our privacy that we now have in our own backyards will be lost and in plain view from the apartment buildings. Second, has the county, Avatar or their counsel taken into consideration the extra traffic and people that will impact in this area? Has a traffic impact study been done?, and has a study also been done to see what impact this will have on schools population, police and fire services and trash and waste collections? I believe that with approximately 188 dwelling consisting of approximately two (2) persons per household, and two (2) cars per family, not to mention children, an impact study, published to the public as to how this project might affect an already overloaded and heavily trafficked area would be the only sensible way to proceed. Third, how this will impact our community under an evacuation order? As you are well aware these dwelling will be located with in evacuation zone I, mandatory evacuation . .I I I for even minimal storms, where will all these new people go?, and will the extra cars cause a problem during an evacuation? Forth, how will all these new improvement be paid for, Avatar, Palm Beach Gardens existing residents?, or the new residents of Avatar’s 188 dwellings. With increased garbage collections, a new strain on fire, paramedic and police services, and changes to roads and road maintenance, property taxes will have to be increased to pay for the additional services. Fifth, Environmental impact, have agencies such as the Department for Environmental Protection (“DEP”), Department of Transportation (“DOT”), South Florida Water Management District (“SFWMD”) or the Army Corps of Engineers (“ACOE”), studied the impact of these building so close to the water and what impact it will have on the marina, including water quality of surface, ground and aquifer waters in this area?, including the boat and traffic problems and potential spillage of hazardous materials into the water. Sixth, Wildlife impact, has Avatar asked any agency to look into the impact on wildlife and vegetation in the area. An increase in boat and vehicle traffic may cause additional problems on manatee populations, fish species and many bird species such as ibis, osprey, eagle and hawk. It is time for the community to say enough is enough, if they really want to do something for the community in our area let the county by the land and turn it into a park for the children in our neighborhood who have nowhere to play accept in their own back yards. Please advise if this letter will be taken into consideration or for it to be done so I have to attend the meeting, if the latter is the case then maybe I can be permitted to address these concerns at that time. 1 1 2095 APRIL 5, 2005 HONORABLE KAREN MARCUS COUNTY COMMISSIONER PO BOX 1989 WEST PALM BEACH, FL 33402 RE: PETITION ZON/SP 04 01 FRENCHMAN'S YACHT CLUB DEAR COMMISSIONER MARCUS: WHEN THE RESIDENTS OF PARADISE PORT, FRENCHMAN'S CREEK, REQUESTED A REZONINO WITH MULTIFAMILY DWELLINGS RANGING FROM SEVEN TO TEN STORIES M HEIGHT, WE WERE ALARMED AND VERY CONCERNED. COUNTY COMMISSIONER, KAREN MARCUS, SET UP A MEETMG WITH REPRESENTATIVES OF AVATAR PROPERTIES, INC TO MEET WITH US ON MARCH 5,2005, AT THE NORTH COUNTY COURTHOUSE TO PRESENT THEIR PLANS AND LISTEN TO OUR CONCERNS. SHE REQUESTED THAT WE INFORM YOU,IN WRITING OF THE NEIGHBORHOODCONSENSUS. AND MILLER DR LEARNED THAT AVATAR PROPERTIES INC HAD ONE: LIMIT MAXIMUM HEIGHT TO FORTY FEET INCLUDINO GARAGE. TWO: INSTALL TRAFFIC LIGHTS WITH FRENCHMANS ENTRANCE MOVED WEST TO ALIGN WITH THE tN"ERSECTI0N ON THE NORTH SIDE .. OF DONALD ROSS ROAD. THIRD: PROVIDE LANDSCAPING TO THIS AREA OF DONALD ROSS ROAD TO WAIN THE BEAUTY AND DESIRABILITY OF PALM BEACH aARgENSANDTHE NORTH ENDOF THE COUNTY, WE REQUEST TU - YOU NOTSBT APRECEDENT FOR HIGH RISES IN RE!HDENT€AL AREAS. . -: 4 - YOUR TRULY. V WILLIAM J. AND HARRIETIE MCANALLY 5 1 6242421 uu , Doud of County Commlaalonerr County Admlnlrtmtor Tony Marllottl, Chalrman Robert Weisman Addle L. Greene, Vice Chalrpemon Wren T. Marcus Jeff Koonr mnrn H. Newell Mary McCarty burt Aaronson Ccl April 14, 2005 The Honorable Joe RUSSO, Mayor 10500 N. Military Trail Ciw of Palm Beach Gardens Attached for your review and Information, is a copy of a letter I recently received from homeowners representing the communities of Paradise Port and Miller Drive regarding the proposed Frenchman's Yacht Club project. A month ago, I had arranged a meeting with the communities and the developer so the nelghborhood could review his project. Needless to say, they had several concerns; bulldlng height and density, trafflc issues and landscaping. I have expressed the same concerns to the applicant as well. I understand the Council may be discussing this project this month, and I hope that the you will keep the communities concerns in mind. If you have any questions, please don't hesitate to contact my office. SI ce ly, v oun Commissioner Enclosure c w/enc: Charles Wu "An Equal Opportunity Affirmative Action Employer" kmarcus@pbcgov.com P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094 KJ3M CONSULTING LTD, 2050 La Porte Drive, Palm Beach Gardens, FL 33410 Since. City of Palm Beach Gardens Planning & Zoning Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Jely &.F Petition Zon/SP 44-01; Petition PCD/NOPC-04-02; Petition CP-04-04- Frenchman's Yacht Club April 12,2005 Dear Sirs, We strongly oppose Avatar's development and do appeal because: In a distance of 150 feet we would be surrounded by buildings of 80 feet in height. This project could be good for Ft. Lauderdale or Miami but not for our area which is dominated by 99 % of single homes. We can't accept a new ,,little Manhatten" around. !; .' - . I* t 9. loss of quality of life two or more years noise + dust loss of value loss of ability to sell the home loss of privacy loss of light, fiee view, daylight and fiesh air increase of costs of security on the water. During the time of construction hundreds of contractors will come and go. 16;s of.se,c&iiy ,'. , , , What we and our neighbows could accept would be houses with two stories built like terraces. Probably that would mean a different cost calculation for Avatar but it would show consideration for r homeowners and the whole area. He% + Heidi G. Ibeniisch (Ohiers of aM CONSULTING LTD) JAY AND GAIL HIGGINS 2818 OLD CYPRESS NORTH NORTH PALM BEACH, FLORIDA 33410 April 25,2005 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Opposition to the potential development on the southeast corner of Prosperity Farms Road and Donald Ross Road - PETITION ZONBP -04- FRENCHMAN’S YACHT CLUB 01; PETITION PCD/NOPC - 04-02; PETITION CP - 04-04 - To Whom It May Concern: Please accept this letter as representation of our opposition to the proposed land use and zoning change in regards to PETITION ZON/SP -04-0 1 ; PETITION PCDiNOPC - 04- 02; PETITION CP - 04-04 - FRENCHMAN’S YACHT CLUB. As residents of The Cove, we oppose the development of four (4) high-rise condominium units so close to our property. We feel that the development would be looking right into our back yards. Additionally, when we bought our property it was with the knowledge that the subject property would be developed as a commercial parcel. The comprehensive land use plan put in place by Palm Beach County and approved by the State of Florida contemplated a commercial use for this site and we believe that the developer complying with said land use and zoning restrictions would best serve the public. Unfortunately, we cannot attend the meeting, but wanted our opposition to the project noted. Respectfully, y$+- y F. Higgins v Gail J. Higgins ITS CITY OF PALM EACH GARDENS APR 2 6 2005 mbzoNlNGDEPT. * t i r A I 3 2 Y I I I I I" I Ill -? T U U /I I I I I I I I I I I I I I I I I Palm Beach Gardens, Florida . C' : MATCHLINE SEESP-3 MATCHLINE SEE SP-4 -,- \ \ I 0Y I I m 0 V C. v1 n, -Q DJ t -i 20, T I I fD 11. p 'I P 4 ! $ n, 3 T < : w fD 3 rt. 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E JL l- I r+ 0 L' 0 Z Gi I I I I I I 'I II I I I I I n DcODOO monnnm <miv~in - mnq- 0 mm POOL CABANA/ ACCESORY GUILDING cn"Z,'UZf '1 I /."'~FR'INCHMN' S YACHT CLL B I PALM BEACH GARDENS FLOR IDA !D v) P k'? i.9 ..w ,-I A,r -m m < 9 i 0 z P r \ e p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 32,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING A PARCEL OF LAND CONSISTING OF 6.05 ACRES, LOCATED AT THE SOUTHEAST CORNER OF DONALD ROSS ROAD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM A PLANNED DEVELOPMENT AREA (PDA) ZONING DESIGNATION TO A PLANNED COMMUNITY DISTRICT (PCD) ZONING DESIGNATION WITH AN UNDERLYING ZONING OF RESIDENTIAL MEDIUM (RM); AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 15, 1988, the City Council adopted Ordinance 49, 1988 approving the annexation of the portion of the Frenchman’s Creek DRI located south of Donald Ross Road, east of Alternate AIA, and west of the Intracoastal Waterway consisting of approximately 644 dwelling units and a 133-boat slip marina on approximately 776 acres into the City of Palm Beach Gardens; and WHEREAS, the City has received a request by George Gentile, of Gentile, Holloway, O’Mahoney & Associates, Inc., on behalf of Avatar Properties, Inc., for a rezoning of a 6.05-acre parcel located at the southeast corner of Donald Ross Road and Prosperity Farms Road from a Planned Development Area (PDA) zoning designation to a Planned Community District (PCD) zoning designation with an underlying zoning of Residential Medium (RM) in order to incorporate said parcel into the boundaries of the Frenchman’s Creek PCD; and WHEREAS, the subject site is currently zoned Planned Development Area (PDA) and has a land-use designation of Commercial (C); and WHEREAS, on , the City Council, in conjunction with this application, considered Resolution 162, 2005, approving a Notice of Proposed Change (NOPC) for the Frenchman’s Creek Development of Regional Impact (DRI) to allow a Use Conversion Matrix within the DRI allowing for residential uses on the subject site; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on August 23, 2005, and has recommended approval of the rezoning to the City Council with a vote of 5-2; and Date Prepared: September 22,2005 Ordinance 32, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from a zoning designation of Planned Development Area (PDA) to a zoning designation of Planned Community District (PCD) with an underlying zoning designation of Residential Medium (RM): LEGAL DESCRIPTION: PARCELS OF LAND IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE RUN WEST ON THE NORTH LINE OF SAID NORTHWEST QUARTER 1383.09 FEET TO AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER, WHICH POINT IS THE POINT OF BEGINNING; THENCE RUN SOUTH PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER, 275 FEET TO AN IRON PIPE; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID SECTION, 150 FEET TO A POINT; THENCE RUN NORTH PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION, 275 FEET TO A POINT; THENCE RUN WEST ALONG THE NORTH LINE OF SAID SECTION, 150 FEET TO THE POINT OF BEGINNING; BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29 AT A DISTANCE OF 1383.09 FEET WEST OF, MEASURED ALONG SAID LINE, THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 29; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 22,2005 Ordinance 32, 2005 NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET; THENCE WESTERLY, PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 184.3 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET TO A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 184.3 FEET TO THE POINT OF BEGINNING. FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, RUN WESTERLY ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 857.52 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE RUN SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 472.50 FEET; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 525.57 FEET; THENCE RUN NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 197.50 FEET; THENCE RUN EASTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE RUN NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 275.00 FEET; THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SECTION 29, A DISTANCE OF 375.57 FEET TO THE ACTUAL POINT OF BEGINNING; LESS AND EXCEPTING THEREFROM ROAD RIGHT-OF-WAY OF DONALD ROSS ROAD OVER THE NORTH 60 FEET OF SAID SECTION 29. A PORTION OF THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 60.00 FEET OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 01’52’43” WEST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (THE EAST LINE OF THE NORTHWEST QUARTER IS ASSUMED TO BEAR SOUTH 01’52’43’’ WEST AND ALL OTHER BEARING ARE RELATIVE THERETO) A DISTANCE OF 60.00 FEET TO THE SOUTH LINE OF THE NORTH 60.00 FEET OF SAID NORTHWEST QUARTER, THENCE NORTH 87’26’33” WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEET, A DISTANCE OF 369.86 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK MARINA (A P.U.D.) AS RECORDED IN PLAT BOOK 67, PAGES 132 THROUGH 134, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTH 87’26’33” WEST ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEET AND THE BOUNDARY OF SAID MARINA PLAT, A DISTANCE OF 487.66 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID 3 Date Prepared: September 22,2005 Ordinance 32. 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SOUTH LINE OF THE NORTH 60.00 FEET AND THE WESTERLY EXTENSION OF SAID NORTHERLY BOUNDARY, NORTH 87’26’33” WEST, A DISTANCE OF 710.37 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK YACHT CLUB (A P.U.D.), AS RECORDED IN PLAT BOOK 67, PAGES 130 THROUGH 131, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 60.00 FEET, NORTH 01 “52’43” EAST, ALONG THE NORTHERLY EXTENSION OF THE YACHT CLUB BOUNDARY LINE, A DISTANCE OF 11.38 FEET TO THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT- OF-WAY LINE OF PROSPERITY FARMS ROAD, AS RECORDED IN OFFICIAL FLORIDA; THENCE NORTH 52’33’05” EAST, ALONG SAID RIGHT-OF-WAY LINE RECORDS BOOK 3537, PAGE 989, PUBLIC RECORDS OF PALM BEACH COUNTY, EXTENDED, A DISTANCE OF 13.42 FEET TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 87’26’33” EAST ALONG SAID SOUTH LINE OF THE NORTH 40.00 FEET, A DISTANCE OF 699.99 FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY BOUNDARY LINE OF SAID MARINA PLAT; THENCE, DEPARTING SAID SOUTH LINE OF THE NORTH 40.00 FEET, SOUTH OI”52’43” WEST, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE NORTH 60.00 FEET AND THE POINT OF BEGINNING. CONTAINING 6.05 ACRES, MORE OR LESS. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the Applicant or Applicant’s agent(s) at any workshop or public hearing. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 4 Date Prepared: September 22,2005 Ordinance 32, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this 205 day of 0c'TmgMc , 2005, upon first reading. PASSED AND ADOPTED this day of ,2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joseph R. Russo, Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Hal R. Valeche, Councilmember Jody Barnett, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT G:\attorney-share\ORDlNANCES\frenchmans yacht club-ord 32 2005.doc 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 152,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DONALD ROSS ROAD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE DEVELOPMENT OF 113 MULTIFAMILY DWELLING UNITS AND FOR USE BY THE MARINA TO BE REFERRED TO AS “FRENCHMAN’S YACHT CLUB”; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. DEVELOPMENT PLAN FOR THE APPROXIMATELY 14.54-ACRE 9,990-SQUARE FEET OF ANCILLARY OFFlCElRETAlL SPACE WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received a request by George Gentile, of Gentile, Holloway, O’Mahoney & Associates, Inc. and Greenberg Traurig, on behalf of Avatar Properties, Inc., for master development plan approval to allow the development of 113 multifamily dwelling units and 9,990 square feet of internal officehetail space for use by the marina to be called the “Frenchman’s Yacht Club”; and WHEREAS, the subject site is contained within the Frenchman’s Creek Planned Community Development (PCD) and has an underlying zoning designation of Residential Medium (RM); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its August 23, 2005, meeting and recommended its approval by a vote of 5-2; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in Date Prepared: September 22, 2005 46 the best interest of the citiiens and residents of the City of Palm Beach Gardens. Date Prepared: September 22, 2005 Resolution 152, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The master development plan application of Mr. George Gentile, of Gentile, Holloway, O'Mahoney & Associates, Inc. and Greenberg Traurig, on behalf of the Applicant, Avatar Properties, Inc., is hereby APPROVED on the following described real property, to permit the development of 113 multifamily dwelling units and 9,990- square feet of internal officehetail space for use by the marina on 14.54 acres of land to be referred to as "Frenchman's Yacht Club," generally located on the southeast corner of Donald Ross Road and Prosperity Farms Road, subject to the conditions of approval contained herein, which are in addition to the general requirements othetwise provided by ordinance: LEGAL DESCRIPTION: PARCEL "B", BEING A PORTION OF TRACT "A", AS SHOWN ON THE PLAT OF FRENCHMAN'S CREEK MARINA (A P.U.D.), RECORDED IN PLAT BOOK 67, PAGES 132 THROUGH 134, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF THE PLAT OF FRENCHMAN'S CREEK YACHT CLUB, A P.U.D., AS RECORDED IN PLAT BOOK 67, PAGES 130 AND 131, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT "A, AS SHOWN ON THE PLAT OF SAID FRENCHMAN'S CREEK MARINA, A P.U.D.; THENCE SOUTH 19'54'45" EAST ALONG THE EAST LINE OF SAID TRACT "A, A DISTANCE OF ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH 19'54'45" EAST CONTINUING ALONG THE EAST LINE OF SAID TRACT "A, A DISTANCE OF 565.38 FEET; THENCE NORTH 89'27'49" WEST, A DISTANCE OF 259.11 FEET; THENCE NORTH 19'54'25" WEST, A DISTANCE OF 86.43 FEET; THENCE NORTH 19'46'19" WEST, A DISTANCE OF 45.75 FEET; THENCE NORTH 19'33'24" WEST, A DISTANCE OF 35.26 FEET; THENCE NORTH 87'30'24" WEST, A DISTANCE OF 156.81 FEET; THENCE NORTH 87'15'29" WEST, A DISTANCE OF 68.33 FEET; THENCE NORTH 87'31'57" WEST, A DISTANCE OF 79.27 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 416.1 1 FEET; THENCE NORTH 02'36'14" EAST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 02'36'14" WEST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30'' WEST, A DISTANCE OF 115.39 FEET; THENCE SOUTH 17"49'09" WEST, A DISTANCE OF 50.16 FEET; THENCE SOUTH 23'55'05" WEST, A DISTANCE OF 36.31 FEET; THENCE SOUTH 31'35'05" WEST, A DISTANCE OF 30.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE 124.12 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 22,2005 Resolution 152, 2005 TO THE NORTHWEST, HAVING A RADIUS OF 38.52 FEET, A RADIAL BEARING OF NORTH 46'37'17" WEST AND A CENTRAL ANGLE OF 70'07'59"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.15 FEET; THENCE NORTH 64'51'51" WEST, A DISTANCE OF 17.65 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 38.14 FEET, A RADIAL BEARING OF SOUTH 36'01'38" WEST, AND A CENTRAL ANGLE OF 80'17'39"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.44 FEET TO A POINT OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 66.00 FEET, A RADIAL BEARING OF NORTH 04'24'54" WEST AND A CENTRAL ANGLE OF 31'32'57"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.34 FEET; THENCE SOUTH 86'53'16" WEST, A DISTANCE OF 26.74 FEET TO A POINT DESCRIBED IN OFFICIAL RECORD BOOK 9568, PAGE 925, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 635.00 FEET, A RADIAL BEARING OF NORTH 56'02'10" EAST AND A CENTRAL ANGLE OF 46'30'33"; ARC OF SAID CURVE, A DISTANCE OF 515.45 FEET TO THE POINT OF TANGENCY; THENCE NORTH 12'32'43" EAST, A DISTANCE OF 117.39 FEET; THENCE NORTH 52'33'10" EAST, A DISTANCE OF 44.53 FEET TO A POINT ON DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3439.96 FEET, A RADIAL BEARING OF SOUTH 05'29'38" WEST, A CENTRAL ANGLE OF 06'47'56"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 408.20 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 3560.00 FEET AND A CENTRAL ANGLE OF 04'39'32"; THENCE A DISTANCE OF 289.47 FEET TO A POINT ON THE WEST LINE OF SAID TRACT LINE AND THE WEST LINE OF SAID TRACT "A, A DISTANCE OF 20.10 FEET TO A RADIUS OF 3580.00 FEET, A RADIAL BEARING OF NORTH 07'36'11" EAST AND A CENTRAL ANGLE OF 07'31'32"; THENCE EASTERLY ALONG SAID ARC AND TANGENCY; THENCE SOUTH 89'55'21" EAST, A DISTANCE OF 64.14 FEET TO THE POINT OF BEGINNING. ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD, AS SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, "A; THENCE SOUTH 01 '52'43" WEST CONTINUING ALONG SAID RIGHT-OF-WAY POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RIGHT-OF-WAY LINE, A DISTANCE OF 470.22 FEET TO THE POINT OF CONTAINING 14.54, ACRES MORE OR LESS. 3 Date Prepared: September 22, 2005 Resolution 152, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following six (6) waivers: 1. 2. 3. 4. 5. 6. Section 78-231 (f)(l)a., Right-of-way and easements, to allow for a 127-fOOt- wide parkway easement at its narrowest point along Donald Ross Road, as shown on the approved site plan. Section 78-345(d)( I), lncrease of parking spaces allowed, to allow for a total of 461 parking spaces on site. Section 78-141, Residential zoning district regulations, to allow for a 59’1 0” maximum mean building height on site as reflected on the approved elevations. Section 78-344(l)( I), Minimum dimensions (of off-street parking), to allow for 242 parking spaces within the covered parking structure at nine (9) feet in width and 36 parking spaces along the main drive at nine and one-half (9.5) feet in width. Section 78-285, Table 24, Permanent signs, to allow for two (2) residential entry signs at the project’s main entrance. Section 78-1 82, lllumination of uses and buildings, to allow for lighting levels within the covered parking structure that are consistent with the lighting standards for parking garages established by the Illuminating Engineering Society of North America (IESNA). SECTION 4. Said approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoninq 1. All openings on site shall be hurricane impact-resistant. (Planning & Zoning ) 2. Signage shall be placed on the site that restricts vehicles, with the exception of emergency vehicles, from using the paver access-way adjacent to the marina. (Planning & Zoning) 3. Prior to the issuance of the first Certificate of Occupancy, the traffic signal at the entrance to the subject site shall be installed and operational. The traffic signal shall be installed on painted mast arms. (Planning & Zoning.) 4 Date Prepared: September 22,2005 Resolution 152, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4. The signage for the ancillary retail and office uses shall be approved administratively by staff prior to the issuance of a building permit for the signage. The signs shall be blade signs positioned perpendicularly to the building and shall be uniform in size and appearance. Should the proposed blade signs not be satisfactory to the Growth Management Administrator during the review of said administrative approval, the blade signs shall be approved by the City Council by way of a Miscellaneous Petition. (Planning & Zoning) 5. There shall be no striped awnings on site. (Planning & Zoning) 6. At the time of platting, the Applicant shall dedicate a IO’ x 30’ easement along Donald Ross Road for a Palm Tran Bus Shelter. The easement shall not be placed over a utility easement in order to allow the construction of a bus shelter in the future. Within sixty (60) days of the approval of this Resolution, the Applicant, its successors, or assigns shall submit an application for an administrative amendment to allow for review and approval of the site plan, landscape plan, and building elevations for the bus shelter. The bus shelter design shall be consistent with the City Council’s previous approval of such shelters. The bus shelter shall be constructed prior to the issuance of the first Certificate of Occupancy on site, unless another timeframe for completion is established in the administrative approval. (Planning & Zoning) 7. The uses permitted within the retail/office portion of the site shall be limited to uses that are ancillary to the marina and office uses that serve only the residents of the subject site, subject to the discretion of the Growth Management Administrator. Such uses include yacht sales, marina office, condominium office, ship store, concession sales, food store, restaurant, etc. If a restaurant is to be located on site, there shall be no commercial signage advertising the restaurant along the adjacent roadways, and there shall no be outdoor seating with wait service. Outdoor seating without wait service that is ancillary to a food store or restaurant is permitted. (Planning & Zoning) Landscapinq 8. Prior to land alteration, the Applicant shall submit the Florida Power and Light (FPL) and Seacoast Utility Authority (SUA) approved landscape plans for review and approval by the City. Any changes to the landscape plan subsequent to the project’s approval that are determined by the Growth Management Administrator to have a substantial negative impact on the project shall require the approval of the City Council. (City Forester) 5 Date Prepared: September 22,2005 Resolution 152, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. 10. 11. 12. 13. 14. Within six (6) months of the issuance of a permit for land alteration, the Applicant, successors, or assigns shall install the landscaping and irrigation within the median and road shoulder of the portion of Donald Ross Road from Prosperity Farms Road to the Intracoastal Waterway. (City Forester) The Applicant, successors, or assigns shall be responsible for the maintenance of the center island median and southern road shoulder on Donald Ross Road from Prosperity Farms Road to the Intracoastal Waterway. This condition may be amended at any time by a separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) The Applicant, successors, or assigns shall maintain the eastern road shoulder of Prosperity Farms Road from Donald Ross Road to the marina. In the event that an irrigation system does not exist within said road shoulder, the Applicant shall install the irrigation system within six (6) months of the issuance of a permit for land alteration. This condition may be amended at any time by a separate agreement between the Applicant and the City of Palm Beach Gardens. (City Forester) All trees or palms designed for preservation or relocation that die as a result of construction or relocation practices shall be replaced using the following schedule: trees shall be replaced one (1) for one (1) with a Live Oak of at least 18 feet in height at planting; palms shall be replaced with like-specie one (1) for one (1) with a minimum height of 10 feet clear trunk at planting. (City Forester) Prior to the issuance of the first building permit, the Applicant shall remove all landscape debris and trash from the east property line adjacent to the mangrove preserve. (City Forester) Prior to the first land alteration permit, the Applicant shall plat the property. The plat shall include all existing and proposed easements. The plat shall show, to the satisfaction of the City, (1) the maintenance easement providing pedestrian and vehicular access to and from the Frenchman’s Creek Preserve; (2) the existing mangrove wetland area; and (3) the abandonment of the 30-foot-wide utility easement (O.R.B. 6258, PG 109) and the 12-foot-wide access easement (O.R.B. 6779, PG 253; O.R.B. 6814, PG 758; O.R.B. 6821 , PG 989) as shown on the plan. (City Forester) Engineerinq 15. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide the City with a copy of the recorded easement vacation documents. (City Engineer) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 16. 17. 18. 19. 20. 21. 22 Date Prepared: September 22,2005 Resolution 152, 2005 Prior to construction plan approval and issuance of the first land alteration permit, a public access easement shall be granted for all public sidewalks proposed within the property boundary. (City Engineer) Prior to construction plan approval and issuance of the first land alteration permit, the Applicant shall provide written authorization from the appropriate utility companies (easement holders) allowing landscaping within their respective existing and/or proposed easements. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) The Applicant shall furnish to the City copies of all complete permit applications, certifications, and approvals for the project, to and from all regulatory agencies. (City Engineer) The Applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, Applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, Applicant shall provide a cost estimate for the on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an engineer registered in the state of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) 7 r ~~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 22,2005 Resolution 152, 2005 23. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed, sealed, and dated construction plans (paving, grading & drainage, and water 81 sewer) and all pertinent calculations for review and comment. (City Engineer) 24. Prior to the issuance of the first land alteration permit for vertical construction, documents identifying the cross access and maintenance agreement and restrictions as necessary shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Engineer) 25. Prior to the issuance of the first permit for infrastructure improvements, the Applicant shall provide documentation to the satisfaction of the City Engineer that (1) the sanitary sewer facilities on site are flood-proofed to prevent inflow and ensure that raw sewage does not leak from sanitary sewer facilities during flood events; (2) construction techniques on site will be consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program; and (3) best management practices will be used on site to prevent surface run-off from degrading the water quality of Little Lake Worth or the Intracoastal Waterway. (City Engineer, Planning & Zoning) Police 26. All lighting on site shall be metal halide. (Police) 27. Landscaping, including long-term tree canopy growth, shall not conflict with lighting. (Police) 28. The Applicant shall provide timer clock or photocell sensor engaged lighting above or near entryways to residences and all pedestrian sidewalks. (Police) 29. Pedestrian-scale lighting shall be used for all street and pedestrian walkways. (Police) 30. The entry signs shall be lit at night. (Police) 31. Prior to the issuance of the first building permit, the Applicant shall provide a street address system for emergency response purposes. Address system depiction should be 8-1/2x11 map format. (Police) 8 Date Prepared: September 22, 2005 Resolution 152, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42, 43. The Applicant shall strategically place directories with arrow indicators for building addresses at the ingress point at driver eyesight level mounted in a permanent, stationary, and durable manner. These directories shall remain unobstructed at all times from trees, shrubs, or anything that would obscure the view thereof. (Police) Building numbers and exterior numerical addresses shall be illuminated for nighttime visibility, shall be a minimum of 12 inches in letter height, and shall be placed in a conspicuous location. (Police) Sales center, clubhouse, and recreational facilities should be pre-wired for alarm center. (Police) Access to recreation buildings and pools shall be restricted through the use of key card or key. (Police) Anti-lifting auxiliary locks shall be installed on sliding doors and windows. (Police) All exterior doors shall be equipped with security hinges. (Police) Photocell lighting for nighttime use shall be provided above or near entryways to residences. (Police) Elevators shall be equipped with both telephone and alarm buttons connected to resident manager and/or an outside central monitoring station. (Police) Storage rooms should have restricted access that requires a tenant or owner key. (Police) The ceiling within the covered parking structure shall be painted white to increase brightness within the garage. (Police) Prior to the issuance of the first building permit for vertical construction, the Applicant shall work with the Police Department to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and locations thereof within the site. (Police) Prior to the issuance of the first building permit for vertical construction, the photometric plan for the interior of the covered parking structure shall be approved by the City. The lighting with the parking garage shall comply with the lighting standards for parking garages established by the Illuminating Engineering Society of North America. (Police) 9 Date Prepared: September 22,2005 Resolution 152, 2005 1 Miscellaneous 2 3 44. Required digital files of the approved plat, civil design, and architectural 4 drawings shall be submitted to the Planning and Zoning Division prior to the 5 issuance of the first Certificate of Occupancy. (GIs Manager, Development 6 Compliance Officer) 7 8 45. Prior to the issuance of the first Certificate of Occupancy, the master 9 condominium owners association documents and restrictions shall be 10 furnished by the Applicant to the City Attorney for review and approval prior 11 to such documents being recorded in the Public Records of Palm Beach 12 County. (City Attorney) 13 14 15 16 17 46. There shall be no outdoor sound amplification on site. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 18 19 1. 20 21 22 23 2. 24 25 26 27 28 3. 29 30 31 32 4. 33 34 35 36 5. 37 38 39 Sheets SP-1 through SP-6: Site Plans and Details, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on October 31, 2005, and received and stamped by the City on November 2,2005. Sheets LP-1 through LP-6: Landscape Plans, Specifications and Details, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on, October 31, 2005, and received and stamped by the City on November 2, 2005. Sheets TP-I through TP-2: Tree Preservation Plan, prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised on September 12, 2005, and received and stamped by the City on November 2,2005. Sheets A-I through A-22: Elevations, Floor Plans, and Roof Plans, prepared by ACI Architectural Group, Inc., dated August 5, 2005, and received and stamped by the City on November 2,2005. Sheets A-I .01 through A-2.01 : Pool Cabana Plans, prepared by Gentile, Holloway, O’Mahoney & Associates, inc., last revised on September 12, 2005, and received and stamped by the City on September 12,2005. 40 41 42 43 44 45 46 SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 22,2005 Resolution 152, 2005 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY ABSENT \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\frenchmans yacht club - reso 152 2005-as amended before 2nd reading.doc 11 CITY OF PALM BEACH GARDENSCITY COUNCIL Agenda Cover Memorandum Date Prepared: September 26, 2005 Meeting Date: December 1,2005 Resolution 162, 2005 Su bject/Agenda Item: Resolution 162, 2005: Notice of Proposed Change to the Frenchman's Creek DRllPCD South Public Hearing and Consideration for Approval: A request by George Gentile, agent, on behalf of Frenchman's Marina Resort, Ltd, owner of the subject site, to amend Map H of the Frenchman's Creek Development of Regional Impact (DRI) and the Master Plan of the Planned Community Development (PCD) by changing the boundaries of the DRI/PCD to include an approximately six-acre parcel, and incorporating a conversion matrix into the development order of the DRI. The current land-use designation of the approximately six- acre parcel is Commercial, which is located at the southeast corner of Donald Ross Road and Prosperity Farms Road. The Frenchman's Creek DRVPCD is located at the southeast corner of Alt. A-I-A and Donald Ross-Road. [XI Reading of Ordinance 32, 2005 and Resolution 152, 2005 Recommendation to CONSIDER with formal action scheduled with the Second / Reviewed by: / * City Attorney Finance NA Human Res.- Charles K. Wu, AlCP Originating Dept.: Growth Management: Project T6 Manager Tala1 M. Benothman, AlCP Advertised: Date: Paper: [ ] Required [X ] Not Required Affected Parties: [ ] Notified [X ] Not Notified FINANCE: NA costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. wl conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: Resolution 73-645 Resolution 53, 1992 Proposed Map H Aria1 Map TCRPC 8, DCA Letters Date Prepared: September 26.2005 Meeting Date: December 1,2005 Resolution 162, 2005 EXECUTIVE SUMMARY The applicant is requesting to amend Map H of the Frenchman’s Creek Development of Regional Impact (DRI) and the Master Plan of the Planned Community Development (PCD) by changing the boundaries of the DRVPCD to include an approximately six-acre parcel, and incorporating a conversion matrix into the development order of the DRI. The current land-use designation of the approximately six-acre parcel is Commercial, which is located at the southeast corner of Donald Ross Road and Prosperity Farms Road. State and regional review agencies have not raised any objection to the Notice of Proposed Change (NOPC) to the DRI. Staff recommends approval of proposed NOPC. BACKGROUND The Frenchman’s Creek residential community was originally approved as a Planned Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 when it was located within unincorporated Palm Beach County. On December 15, 1988, the City Council adopted Ordinance 49, 1988, which approved the annexation of the Frenchmank Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. This annexation consisted of the southern half of the Frenchman’s Creek PCD/DRI, located east of Alternate AIA and south of Donald Ross Road; whereas the northern portion of Frenchmank Creek, located north of Donald Ross Road, was annexed into the Town of Jupiter. The Frenchmank Creek DRVPCD south, located within the City, is comprised of approximately 770.30 acres. Frenchman’s Creek DRVPCD south was approved for 3,350 dwelling units (according to the information provided by the applicant), but presently there are only 644 units built within the DRl’s southern portion. It also includes two golf courses, a clubhouse facility, a sales center, a turf maintenance facility, and a marina. The Frenchman’s Creek DRllPCD south has been amended three times in addition to the currently proposed NOPC. The most recently adopted NOPC, which was approved through Resolution 144, 1996, allowed for adding a southerly emergency vehicle access to and from the DRVPCD. In connection with the subject petition, the applicant has submitted the following development application to the City to allow the development, through the use of the conversion matrix, of a 14.54-acre parcel of land located at the southeast corner of Donald Ross Road and Prosperity Farms Road: 0 Petition ZON/SP-04-01: A request for a rezoning and master development plan approval to allow the development of 11 3 multifamily dwelling units and 9,990 square feet of internal officehetail space for use by the marina within four condominium buildings ranging from four to five stories in height to be called the “Frenchman’s Yacht Club.” 2 Date PwDared: SeDtember 26.2005 Meeting Date: December 1,2005 Resolution 162, 2005 From RetailIOffice RetailIOffice ANALYSIS OF PROPOSED MODIFICATIONS In tensity To Density 1,000 Square Feet Residential MF 22 Units* 1,000 Square Feet Residential SF 15 Units* The applicant proposes to make the following modifications to the Master Plan of the PCD and Map H of the Frenchman’s Creek DRVPCD south: 0 Incorporate an approximately 6-acre parcel into the DRIIPCD, which would expand the acreage of the DRI from approximately 770.30 to 776.3 acres; and 0 Incorporate a conversion matrix (as reflected bellow) to allow the conversion of uses without having to file for Notices of Proposed Change to regional and State agencies. The intent of the including the matrix is to convert the commercial designation of the approximately 6-acre parcel and the 8.50-acre upland portion of the existing marina to residential medium (approximate total acreage affected by the proposed land-use change is 14.5 acres). The applicant is seeking approval for up to 120 additional residential units to the already existing 644 dwelling units on site. This will make the total number of residential units to be 764 dwellings on site. Land-Use Conversion Matrix Rates Based on the number of units approved and proposed on the south portion of the Frenchman’s Creek DRI , the proposed modifications do not create additional and unreviewed impacts. Therefore, the proposed changes are not considered to be substantial deviations. STATE AND REGIOANL AGENCY RESPONSES The Florida Department of Community Affairs (DCA) has indicated in writing that the agency has no issues with the proposed modifications to the Frenchman’s Creek DRI south. The Treasure Coast Regional Planning Council has also issued a letter indicating that the proposed modifications are not considered to be substantial deviations. Please see attachments. PLANNING, ZONING, AND APPEALS BOARD On August 23, 2005, the Planning, Zoning, and Appeals Board reviewed the proposed amendments to the Frenchman’s Creek DRI and recommended approval to the City Council with a vote 7-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 162,2005 amending the Master Plan (Map H) and Development Order of the Frenchman’s Creek DRI south. 3 b -e I ; WSOLUTION 53, 1992 "EXHIBIT "B" RESOLUTIZS NO. R-73- AS . 1.of 5 RESOLUTION UPROVING SZVELOPFIENT OF REGIONAL IFPXCT WHEREAS, the Board of Caunty Commissioners, as :he ;overzing body, pursuant to th2 authority vested in ChaTter 163 an? Zhapter 125, Florida Statutes, and Chapter 70-853, Laws of Florida, SpecLal Acts of 1970, is authczized and empowered to cc-sider petitLons relating to zoning; 2nd WHEREAS, the Board of County Comigsioners, as the goverxing body of the local goi-ernment having jurisdiction, pursuant to Chapter 380.031 anC Chapcer 380.06, Florida Statutes, is aEzhorized and empowered tc consider applications for develop- ment approval of developments cf regional impact; and .. WHEREAS, the notice ar.2 hearing requirements as provided for 1: Chapter 402.5 of the P213 Beach County Zoning Code Ordicance No. 73-2 and Chapter 380.06 (7) have been satlsfied; and WHEREAS, Petition No. ;3-90 was presented to tke Board of Count:.- Comissioners of Palm Eeach County at its public hearing condczted on September 28, 1975. NOW. TIIEREFORF, RE IT ?ZSOLVED BY THE BOARD OF COUNTY COt-NISSIONERS OF PALM BEACH CCLYTY, FLORIDA, assembled in regular sessizn this 27th day of Septezjer, 1973, that! Petition No. 73- the pecition and application 05 .KARL A. KANDALL for development appro-.,al of a development of regional impact of Section 19 and 30, Township 41 South, Range 43 East, together with that'part of Sectizn 31, Township 41 South, Range 43 East, describe2 as follows Begicing at: a point in the west line of said Section 3;, which said 2oint is 5330 feet north of the southwest corner of said Section 31; thence easterly om mile more or less to the northeast cornez of said Section 31 marked by an iron pipe; thence westerly along the north 1ir.e o\f said Section 31, one mile more or less to the northwest corner of Sectioz 31, marked by a concrete rnonuxent established by H. C. iugate, Engineer, which said point i: 153.22 feet more or less north of the Point of Beginnins; thence -. v EXHIBIT "B" 2 of 5 v res53. 92 ;outhcrly along the west line of said Section 31 a distance of 153.22 Eeet more or less to the Point of Beginning; the tract of Land hereby conveyed being all that part of Section 31, Township $1 South, Range 43 East, lying north of a line the west end of ahich is 5330 feet north of the southwest corner of said Section and the casi er.5 UE which is an iron pipe marking the northeast corner of said Section, AND THE FURTHER SPECIAL EXCEPTION TO ALLOW A PLANNED UNIT DEVELOPNENT on Section 19 and 30, Township 41 South, Range 43 East, together with Section-30, Township 41 South, I Range 43 East, also together with that part of Section 31, Township 41 South, Range 43 East, described as follows: Beginning at a point in the west line of Section 31, Township 41 South, Range 43 East, which said point is 5330 feet north of the southwest corner of said Section 31; thence easterly one mile more ' I I I I or less to the northeast corner of said Section 31 marked by an i 1 I Point of Beginning; thence southerly along the west line of said i i I j I i I I iron pipe; thence westerly along the north line of said Section 31, one mile more or less to rhe northwest corner of said Section 31, marked by a concrete monment established by H. C. Fugate, Engineer, which said point is 153.22 feet more or less north of the' I Section 31 a distance of 153.22 feet more or less to the Point of Beginning; the tract of land hereby conveyed being all that part of, Section 31, Township 41 South, Range 43 East, lying north of a line the west end of which is 5330 feet north of the southwest corner of said Section and the east end of which is an iron pipe marking the northeast corner of said Section; being the same land described in Deed dated FeSrcary 10, 1959, from Ricker Alford, and wife, Helen D. Alford, to N. B. Hunt, and recorded in Official Record Eook 305, page 125, of the County Records of Palm Beach County, Florida; also together with the northwest 114 of Section 29' Township 41 South. Range 43 East, less the north 472.5 feet of the %est 710.09 feet Of the cast 1567.89 feet of the northwest 1/4 of isaid Section 29, and also less the south 680 feet of the east 11326.06 feet of with that part of the north 950 feet of the northwest 1/4 of the I I ' i i I the northwest 1/4 of said Section 29, and together I I I -2- I! EXHIBIT "B" 3 of 5 4 , res53.92 v orzheast 1/4 of said Section 29, lying west of the Intracostal laterway, less the north 50 feet thereof, all lying and being in 'alm Beach County, Fiorida, less rights of way of record. Said lroperty located on the east side of Alternate A1.4 and on the nort .nd south side oE Donald Ross Road, was approved as advertised iubj ect to the following special c0nditior.s : 1. shall not exceed 4.7 dwelling units per acre; 2. The developer shall construct at his expense four lanes for Donald Ross Road, the reverse curve on Prosperity Farms Road and shall install signalization at the entrance roads on Donald Ross Road, Alternate A1A and Prosperity Farms Road if engineering and trafEic studies determine they are required; The density proposed for the Planned Unit Development 3. A thirty (30) acre school site shall be dedicated after a meeting with the School Plant Planning Department to see if this acreage meets the school system needs for a population projected for the development; 4. shown on the Master Plan by dedication and setbacks from the natural tree ltne, including, specifically, the eleven (11) acres abutting the intercoastal waterway to be dedicated to the County for park purpose or other recreational uses; The developer shall reserve all preservation areas 5. The de-/eloper shall maintain rhe existing salt water inrrrusion dam on the property and if engineering studies show that it should be relocated at Prosperity Farms Road, the developer shall bear the cost of the relocation at his expense; 6. To alleviate fears that salt water intrusion will penetrate existing wells of nearby home owners, the -3- EXHIBIT "B" 4 of 5 W -. i res53.92 developer shall extend approved water lines up and dotin Prosperity Farms Road; 7. of the wildlife existing on the site with the Game and Fresh Water Fish Comission 2nd other appropriate agencies ; The developer shall coordinate the preservation 8. The developer shall obtain the proper State permits for any dredging activity and marina construction that are deemed necessary based upon the approved master plan; 9. Prior to the submittal to the County, all phases of the Planned UnLt Development will be coordinated by Karl A. Randall in the event that other parties undertake the development of specific parcels within the Planned Unit Development. BE IT FURTHER RESOLVED that a copy of this resolution Development Order) shall be transmitted to the State Land Plannin, gency and the owner or developer (petitioner). The foregoing resolution was offered by Commissioner doepuer onmissioner: \,leave= , and upon.being put to a vote, che voce as as follows: , who moved its adoption. The motion was secondcd by - ., Lake Lytal - aye - aye E. 14. Weaver Robert C. Johnson - aye George V. k'arrcn - nye Robert F. Culpepper- aye T!ie Cheirman thereupon declared the resolution duly passed ind adopted thi.23rd if September 28, 1973. day of Octob'er, 1973, confirming the action J June 30, 1992 July 2, 1992 RESOLUTION 53, 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAM BEACH GARDENS, FLORIDA, REPEALING RESOLUTION 51, 1990, AND APPROVING A DEVELOPUENT ORDER FOR THE FRENCHMAN'S CREEK DEVELOPMENT OF REGIONAL IMPACT LOCATED WITHIN THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE . WHEREAS, the City of Palm Beach Gardens, pursuant to the authority vested in Chapters 163 and 166, Florida Statutes, is authorized and empowered to consider petitions relating to zoning; and WHEREAS, the City of Palm Beach Gardens, pursuant to Chapters 380.031 and 380.06, Florida Statutes, is authorized and empowered to adopt Development Orders for developments of regional impact; and WHEREAS, the City Council has previously adopted Ordinance 49, 1988, pursuant to Chapter 171.44, Florida Statutes, annexing all the real property within the Frenchman's Creek Development of Regional Impact, which is described in Exhibit ''A'* attached hereto; and WHEREAS, Section 380.06(15)(9), Florida Statutes, provides that if property which is a DRI is annexed by another local jurisdiction, the annexing jurisdiction shall adopt a new Development Order that incorporates all pravious rights and obligations specified in the prior Development Order; and WHEREAS, the lands described in Exhibit "A" attached were annexed by the City of Palm Beach Gardens and previously unincorporated lands in Palm Beach County and are part of the Frenchman's Creek DRI, which was subject to a Development Order of the Palm Beach County Board of County Commissioners; and WHEREAS, this Development Order incorporates all previous rights and obligations specified by Palm Beach County in its Development order for the Frenchman's Creek DRI within the City's jurisdictional boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 res53.92 CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby repeals Resolution 51, 1990, which heretofore approved the DRI of Frenchman‘s Creek. section 2, The City Council hereby ratifies and adopts Resolution 645, 1973, of the Palm Beach County Commission attached hereto as Exhibit nB1t, which approved the Development of Lands comprising Frenchman’s Creek, described in Exhibit nAn attached hereto, as a Development of Regional Impact; and all of the terms, previous rights, obligations and conditions specified in said Resolution 645, 1973, shall be and are the requirements of this Development Order hereby adopted as if fully set out herein. This Resolution shall be effective upon date of adoption. INTRODUCED, PASSED AND ADOPTED THIS THE 2ND DAY OF JULY, 1992. - MAYOR MICHAEL MARTIN0 ATTEST: ~XA M. RIEF, DEP~Y CITY CLERK MAYOR MARTINO -1L VICE MAYOR RUSSO COUNCILMAN ALDRED COUNCILWOMAN MONROE COUNCILMAN KISELEWSKI - 2 res53.92 I RESOLUTION 53, 1992 EXHIBIT "A" 1 of 3 'Parcel 1-29-1 A parcel of lalid lying in tho Northwest Quarte (NI zmction z$, Township 41 South, ltairge 43 East, Palm Ueacli County, Florida, doscribed a8 follows: Ucqinning at tho Southwest coriier of the Northwest Quarter (NIJ 1/41 of said Soction 29; tlience South B7*30*01* East along llio SouLIi lino of said Northwest Quarter (NW l/4), a distance of 1326.57 fccL Lo tho Southcast corner of tlic West llelf (W 1/21 of tlic NortlrwcsL Quarter (NW l/4) of naid Section 29; thence North 01°53'21' East parallel with the North-South Ouarter line of said Section 29 n dislance of GOO feet lo a point; thence South 07m30'01" East, D dirLance of 1326.06 foot to a point on the East llnc of &aid I4ort11- wost Quartor (IN 1/4); thciice North 01.53'21' East, aloirg said 1:osL lino, a disLanco of 2002.91 foot to the tlortli line of said ItorLlirrcot Quartor (tW l/4); thence North 07°2G*31* West, olonv said Hortli litre, a distance of ZG46.9G feet to the Northwest corner uf said NorLtiwcsL Quartor (tM 1/4); thence South 0l059*4G' Wcst, along the West linc of said Section 23 to Lhe Point of Deginning; 1,ESS the Right-of-way of Prcsperity Farms Road as dcscribccl in llic Spccia.1 Warratrty Dcctl ~CCOI -.XI in (iff icial laccord Uuok 3537, 1'agc 0303-0990 Of Llro Public Recards of Palm Dcacli County, FlOridJ; LESS the Right-of-Way of Prrspori ty Farms Road as dcscribcd ill Official nccord Dook 145, IJJ~C 230, except Lhat portion Llicrcof vacated by ncsolution 140. It-Ul-556, said llesolutioii is rocordcd in Official nccord Uook 3537, Pages 0303-0906 of Llic PuIJlic ltccords of Palm Ucacli CouirLy, Florida; Parcel 1-29-2 A parccl of laird lying iir Llic Northcast Quortcr (NE 1/81) of 6ccLion 29, Township 41 South, Ibnyc 43 East, L'aliii Ucacll CouiiLy, Florida, described as follows: EXHIBIT "A" 2 of 3 J res53.92 Deginning at tho Northwest corner of tlie Northeast Quarter (NE 1/4) of said Section 29; tliciice SouLIi 01.53'21" WcsL, aloiiy Lhc West line of said NorLlieasL QuarCcr (NE 1/4), a dislancc of 950.37 feet; thence South 07°2G'55" East, along il line 950.31 fcet South of (as mcasurcd at right angles) and parallel with tlic ltorlh line of said IJorllicnsL QuarLur (HE 1/4), to a poiiii on the ktcst Riglit-of-Way line of Lltc IntracoasLal Waterway as oliown 011 llie plaC of the IHTMCOASTLL WA'I'EIIHAY, recorded in Plat Uook 17, rage 7 of tlrc Public Imxrc;- of hlin Iicach Couirly, Florida; Lhcnce North 15*40'40" NcsL. along said WesL Right-of-klily line, J distance of 1001.21 feel LO a point on the NorLIi liiic of said IlorClieast Quarter (NE 1/4) : thcncc North 07°2G' 55" Wcst, along the ltorth line of said NorLlicasL QuarLer (NE 1/4), to Clic PoiiiL of Dcyinning. LESS che Right-of-Way of Donald ltorrs Road over tlic NorLIt 60 Feet thereof. I ? Parcel 1-30-1 All of Section 30, Township 41 South, Ilancjc 43 East, Palm Deach County, Florida1 INCLUDINC all of FRBNCIII4JiN'S CltCCK PLAT 110. 2 as recorded in Plat Uook 35, Pages 71-75 of the Public Itccords of l'aliii Ueacli County, Florida; and all of FRENCIIMAUH'S CltECK 1'Lh'r NO. G as rccordcd in Plat Dook 44, Pages 133-137 of tlte Public necor's of Pillill IIcaclr CounLy, Florida. LESS tlie Right-of-way of State Road 011 (A/K/A Allernate A-1-A) lying Westerly of the East line of PARCEL NO. 103, title to which was vcsicd iii the Stale of Florida Departlllent of TransportaLion by Final JutlgmcnL recorded in Of.ficia1 Ilecords Dook 4155, I'agc OOG, Public Itccords of i)aliii Ueacli County, Florida; - ALSO LESS the North GO fcet of SecLion 30 for tlic Riglit-of-Way for Doiwld Ib5s Parcel 1-31-1 That portion of Section 31, Township 41 South, Raiicjc 43 Earl, Palm Deacli County, Florida, lyitiy North of a linc (siiid liiio bciiiy lho South line of that certaill parcel of land identified as "Iiarccl *I&'' in Warranty Deed recorded in Official llccord Uook 305, Pogcs 121-124., Palm Deacli Coulity Records) which runs Proi~i llic I4orClieasL CO~IIL'L- of said Soctlon 31 to a point on Llic East Right-of-way line of sLoic ttoad Altcr- nato A-1-A as was laid out and in use on Noveisber 24, 1376, said poiiit being 153.37 feet South of (.?E measured al: riglit anglcs) tlic llortli liiic of sild Section 31 and lying East of the Easterly ~iglit-of-~ay line of Stat0 noad 011 (A/K/A Alternate A-1-A) described in PARCEL NO. 103 iii Vinal Juclyinent recorded in OfLicial Itecord Dook 4155, Page UOG of LIIC uLlic Rocords of Palm Dcacli County, Florida. TOGETHER WITH: EXHIBIT "A" 3of3 Y res53.92 A PARCEL OF LAND IN SECTION 31, TOWNSHIP 41 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOhS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 311 THENCE NORTH 88' 36' 42" WEST A DISTANCE OF 3666.71 FEET TO THE POINT OF BEGlNNING OF THE HEREINAFTER OESCRISED PARCEL! THENCE CONTINUE NORTH 88. 36' 42" WEST A DISTANCE OF 1545.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAO ALTERNATE A-1-A (S.R. 811) AS RECORDED IN ROAD PLAT BOOK 2, PAGES 222 THROUGH 231, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE SOUTH 1' 46' 02" WEST. ALONG SAID RIGHT-OF-WAY LINE. A OISTANCE OF 25.00 FEET1 THENCE SOUTH 88' 36@ 42" EAST A DISTANCE OF 1448.35 FEET: THENCE NORTH 76' 54' 40" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 0.859 ACRES, MORE OR LESS. BEARINGS BASED ON AN ASSUMED BEARING OF SOUTH 86. 57' 04" EAST ALONG THE NORTH LINE OF THE NORTHEAST OUARTER OF SAID SECTION 31. LESS AND EXCEPT: PROPOSED HOOD ROAD WITHIN SECTION 30, AN0 A PORTION OF SECTION 31. TOWNSHIP 41 SOUTH. RANGE 43 EAST. A PARCEL OF LAND FOR RDAO RIGHT-OF-MAY PURPOSES SITUATE WITHIN SECTlOh: 30 AN0 A PORTION OF SECTIOY 31. TOWNSHIP 41 SOUTH. RANGE 43 EAST. FALM BEACH COUNTY. FLORIDA. hZ=E PARTICULARLY DESCRIBED AS FOLLCaI. BEGIN AT.THE SOUTHEAST CORNER OF SAID SECTION 301 THENCE NORTH 88 36' 41" WEST INTO SAID SECTION 31, A DISTANCE OF 773.45 FEET TO A POINT ON A CURVE FROM wnicti THE RADIUS POINT BEARS SOUTH 13. 08' 14" EAST A DISTANCE OF 2918.79 FEET) THENCE EASTERLY. ALONG THE ARC OF SAID.CURVE, A DISTANCE OF 782.37 FEET THROUGH A CENTRAL ANGLE OF 15 21' 29" TO I THE EAST LINE OF SECTION 30; THENCE SOUTH 01. 59' 49" WEST. ALONG THE EAST LINE OF SAID SECTION 30. A DISTANCE OF 93.00 FEET TO THE POINT OF BEGINNING. , i CONTAlNlNG 1.138 ACRES MORE OR LESS. BEARINGS BASED ON AN ASSUMED BEARING OF SOUTH 01. 59' 49" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30. b \c I ; SSOLUTION 53, 1992 'EXHIBIT "B" RESOLUT'LZN NO. R-73- 245 , 1.of 5 RESOLUTION UPROVING CEVELOPMENT OF REGIONAL ItCACT WHEREAS, the Board of County Commissioners, as :ne ;over,ing body, pursuant to ths authority vested in Cha-,ter 163 an? :hapter 125, Florida Statutes, and Chapter 70-853, Laws of Florida, ;pecLal Acts of 1970, is authcrized and empowered to cczsider ,etitLons relating to zoning; 2nd WHEREAS, the Board of County Commissioners, as the ;overXing body of the local goi-ernment having jurisdictfon, iursuant to Chapter 380.031 anC Chapcer 380.06. Florida Statutes, is auzhorized and empowered tc consider applications for develop- nent a?proval of developments cf regional impact; and .. WHEREAS, the notice ar.t hearing requirements as provided Eor 5: Chapter 402.5 of the Pzla Beach County Zoning Code kdiriance No. 73-2 and Chapter 380.06 (7) have been satlsfied; and WHEREAS, Petition No. 73-90 was presented to the Board of County Commissioners of Palm Eeach County at its public hearing condccted on September 28, 1973. NOW, THEREFORE, RE IT FZSOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALPI BEACH CCLTTY, FLORIDA, assembled In regular sessizn this 27th day of Septerjer, 1973, that! Petition No. 73- the psrition and application oE.URL A. KANDALL for development appro-..al of a development of regional impact of Section 19 and 30, rownship 41 South, Range 43 East, together with that'part of Secticn 31, Township 41 South, Range 43 East, described as follows Beginzing at a point in the west line of said Section 31, which said 2oint is 5330 feet north of the southwest corner of said Section 31; thence easterly one mile more or less to the northeast corner of said Section 31 inarked by an iron pipe; thence westerly along the north 1ir.e of said Sectfon 31, one mile more or less to the northwest corner of Sectior: 31, marked by a concrete nonucent established by H. C. 'ugate, Engineer, which szid point is 153.22 feet more or less north of the Point of Beginnins; thence Section 31 a distance of 153.22 feet more or less to the Point oE Beginning; the tract of land hereby conveyed being all that part o Section 31, Township 41 South, Range 43 East, lying north of a lin the west end of which is 5330 feet north of the southwest corner of said Section and the east end of which is an iron pipe marking the northeast corner of said Section; being the same land described in Deed dated February 10, 1959, from Ricker Alford, and wife, Helen D. Alford, to N. B. Hunt, and recorded in Official Record Book 305, page 125, of the County Records of Palm Beach County, Florida; also together with the northwest 114 of Section 2 Township 41 Soueh. Range 43 East, less the north 472.5 feet of the xest 710.69 feet of the enst 1567.09 feet of the northwest 1/4 of #said Scction 29, and also less the south 680 feet of the east ‘1326.06 feet of the northwest 1/4 of said Section 29, and togethe I with that part of the north 950 feet of the northwest 114 Of the -2- v EXHIBIT “Be‘ v 2 of 5 res53. 92 joutherly along the west line of said Section 31 a distance oE 153.22 feet more or lcss to the Point of Beginning; the tract of Land hereby conveyed being all that part of Section 31, Township $1 South, Range 43 East, lying north of a line the west end of hich is 5330 feet north of the southwest corner of said Section 2nd the easr er.d cif which is an iron pipe marking the northeast Zorner of said Section, AND THE FURTHER SPECIAL EXCEPTION TO &LOW A PLANNED UNIT DEVELOPPENT on Section 19 and 30, Township 41 South, Range 43 East, together with Section-30, Township 41 South, Range 43 East, also together with that part of Section 31, Township 41 South, Range 43 East, described as follows: Beginning at a point in the west line of Section 31, Township 41 South, Range 43 East, which said point is 5330 feet north of the southwest corner of said Section 31; thence easterly one mile more ; or less to the northeast corner of said Section 31 marked by an I iron pipe; thence westerly along the north line of said Section 31, one mile more or less to rhe northwest corner of said Section 31, marked by a concrete monument established by H. C. Fugate, Engineer, which said point is 153.22 feet more or less north of the‘ Point of Beginning; thence southerly along the west line of said I I I l i I I. EXHIBIT "B" 3 of 5 4 . res53.92 u orrheast 1/4 of said Section 29, lying west of the Intracostal iaterway, less the north 50 feet thereof, all lying and being in alm Beach County, Florida, less rights of way of record. Said lroperty located on the east side of Alternate A1.4 and on the nort .nd south side of Donald Ross Road, was approved as advertised abject to the following special conditions: 1. shall not exceed 4.7 dwelling units per acre; 2. The developer shall construct at hi5 expense four lanes for Donald Ross Road, the reverse curve on Prosperity Farms Road and shall install signalization at the entrance roads on Donald Ross Road, Alternate A1A and Prosperity Farus Road if engineering and trafeic studies determine they are required; The density proposed for the Planned Unit Development 3. A thirty (30) acre school sire shall be dedicated after a meeting with the Schooi Plant Planning Department to see if this acreage meets the school system needs for a population projected for the development; 4. shown on the Master Plan by dedication and setbacks from the natural tree line, including, specifically, the eleven (11) acres abutting the intercoastal waterway to be dedicated to the County for park purpose or other recreational uses; The developer shall reserve all preservation areas 5. The derreloper shall maintain rhe existing salt water incrusion dam on the property and if engineering studies show that it should be relocated at Prosperity Farms Road, che developer shall bear the cost of the relocation at his expense; 6. To alleviate fears that salt water intrusion will penetrate existing wells of nearby home ovmers, the -3- EXHIBIT "B" 4 of 5 W -. ! res53-92 developer shall extend qproved water lines up and dovn Prosperity Farms Road; 7. of the wildlife existing on the site with the Game and Fresh Water Fish Conmission and other appropriate agencies ; The developer shall coordinate the preservation 8. The developer shall obtain the proper State permits for any dredging activity and marina construction that are deemed necessary based upon the approved master plan; 9. Prior to the submittal to the County, all phases of the Planned Unit Development will be coordinated by Karl A. Kandall in the event that other parties undertake the development of specific parcels within the Planned Unit Development. BE IT FURTHER RESOLVED that a copy of this resolution :Development Order) shall be transmitted to the State Land Plannin; Lgency and the owner or developer (petitioner). The foregoing resolution was offered by Commissioner :doepoer :ormissioner Wezver , and upon,being put to a vote, che voce ,as as follows: , who moved its adoption. The motion !?as seconded by - .a Lake Lytal - aye E. W. Weaver - Rye Robert C. Johnson - aye George V. Warren - aye Robert F. Culpepper- aye T!ie Chcirman thereupon declared the resolution duly passed day of October, 1973, confirming the actior nd adopted thi.23rd f Septcmber 20, 1973. IONERS EXHIBIT "B" 5 of 5 L. res53.92 STATE OF FLORIDA ) ( SS: " . COW OF PALM BP&X ) I, JOHN B. DWKLE, Clerk of the Circuit Court of the Fifteenth Judicial Circuit md ex-officio Clerk of the Board, of County Commissioners of Palm Beach Counbj, Florida, do hereby certify that the above and fore- going is a true and correct copy of a RESOLUTION APPROVING DEVELOPMENT OF REGIONAL IMPACT, being hesolution Eo. R-73-645 adopted by the Board of County Conmissioners in meeting held October 23, 1973, confining the action of September 28, 1973, as same eppears of record in County Commis- sioners Minutes No. 82 in this office. I3 WITNESS WKEREOF, I have hereunto set qy hand and seal of said Board this 29th day of October A.D. 1973. I, I. , (SEAL) .' , ::\': , JOHN B. DUNKLE, Clerk )?oar& of County Commissioners 7- &zL.LudAr& By Deputy Clerk u - C!TY OF PALM BEACH GARDENS 10500 N MlLlTARVTRAlL PALM E€AM GARDENS, FLORIDA 34104698 August 7, 1992 Ms. Sally Black DRI Coordinator Treasure Coast Regional Plannine Council 3228 SW kartin Downs Road Suite 205 P.O. Box 1529 Palm City, FL 34990 Dear Ms. Black: Enclosed please find a certified copy of Resolution 53, 1992, repealing Resolution 51, 1990, and approving a Development Order for the Frenchman’s Creek Development of Regional Impact located within the City of Palm Ekach Gardens. Resolution 53, 1992 was approved by the City Council at their Regular Meeting of July 2, 1992. Sincerely, I E= M. Rief Deputy City Clerk Enclosure: As Stated "A E : R I - . .. .. n r c 0 n 0 v) 0 0 P (P v) .. 7 I. e .. 88/16/2885 13: 38 561-575-5268 GGG & ASSOCIATES PAGE 82 Sent Wednesday, December 01,2004 1:12 PM To: George Gentile Subject: Re: Notification of Proposed Change to the Frenchman's Creek Development of Regional Impact, Palm Beach Gardens, Florida Mr. Gentlle. Our recorda show that we did not have any issues with this NOPC. The Department doe6 not send any separate confirmation of the NOPC, but relies on the one issued by the Regional Planning Council. If you wlsh to receive specific confirmation, please let me know end the Department will send you e letter. Roger Wlbum Principal Planner Division of Community Planning 850.922.1822 "George Gentile" 11/29/2004 01:48 cc PM Subject NoUflcation of Proposed Change to the Frenchman's Creek Development of Regional Impact, Palm Beach Gardens, Florida file://C:\l)ocuments and Settings\georgeLocal Settings\Temporary Internet Files\OLK4Wr ... 811 6/2005 July 1,2005 Mr. Charles Wu, AICP Growth Management Administrator City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Subject: Frenchman’s Creek Development of Regional Impact Notice of Proposed Change - Revised May 26,2005 Dear Mr. Wu: In accordance with the requirements of Section 380.06( 19), Florida Statutes, Council has reviewed the “Notification of a Proposed Change (NOPC) to a Previously Approved Development of Regional Impact (DRI)” for the Frenchman’s Creek DRI revised May 26,2005. The proposed change is to add a 6.05-acre parcel to the project. The parcel currently has a comprehensive plan land use designation of commercial from the City of Palm Beach Gardens. As part of the NOPC, the applicant is requesting approval of a “use” conversion matrix to allow the conversion of commercial intensities to residential units. The proposed total number of residential units remains is below the levels permitted in the DRI. Council has reviewed the information provided by the applicant. It appears the proposed changes will not create any additional or unreviewed regional impacts on regional resources in the area. However, the Florida Department of Transportation (FDOT) has several comments and considers the application to be insufficient. Council recommends the applicant revise the NOPC application to address the comments raised by FDOT, and provide FDOT an opportunity to complete their review prior to amending the development order. CITY OF PALM BEACH GARDENS “Bringing Communities Together” EJWL y921805 SO1 East Ocean Boulevard - Suite 300 - Stuart, Fm&z@m&D&t Phone (772) 221-4066 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin@tcrpc.oLg ! Mr. Charles Wu, AICP July 1,2005 Page Two Please copy Council on all correspondence concerning this NOPC. If the development order is amended, please transmit a certified copy of the adopted development order amendment pursuant to this notice of proposed change. Sincerely, Michael J. Busha, AICP Executive Director MJB: lg Attachment cc: Roger Wilburn, DCA Richard Post, DCA David Kemp, Jupiter Lorenzo Aghemo, PBC Dan Weisberg, PBC Randy Whitfield, PBC MPO Gustavo Schmidt, FDOT John Krane, FDOT George Gentile, Gentile Holloway et a1 1 .. , .\ . .. , & . ... JEB BUSB GOVERNOR Horidu Department of TrunsDortution PLANNING AND ENVIRONMENTAL MANAGEMENT - DISTRICT 4 3400 West Cornmerciul Blvd., H. Louderdole, FL 33303.3421 Telephone (954) 777.4601 Fax (954) 777.4671 Toll Fnc Numkr; 1-886-336-8435 JOS& @mu SECRETARY June 29,2005 Mr. Michael J. Busha, AICP ExecutivveDirector 'h.casura Coast R.e$onal Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 SUBJECT: Brenchman'o Creek Development of RegAonaI Impact (DW City of PaJm Beach Garden+ Palm Beach County NotWation of Proposed Change (NOPC) (Revbed) In response to the letter &om Mr. George 0. Gentile of Gentile, Holloway, O'Mahoney & Assoc~ Inc. dated May 26,2005, the Reptmmt has &wcd the revked NQPC for the Fmchman's Creek DRI thM was submitted on hh 7,2005. The Pmchman's CrtCIF RRI is located south of Ftederick Sd Road, east of Alternate A-1 -A and the Florida E;bst Coast~Raizroad, wcst of Palmwood Road, and is divided by Donald Ross Rmd. The Frenchman's Cmk Dm was orlghdiy approved on Wber 29, 1973 hr residential, golf course, institutionid, and retail uses without a specified buildout dirtc. The DRI consists of two dons, divided by Donald Rbss Road. The north section, horn as Frenchm's Cmk North, consists of two Planned Unit Developments ilnduding tha Bear's Club PUD and the Rltz- Carbon Golf Club & Spa PUD. It was annexed into the Town of Jupiter on May 5,1992 by Resolution 22-92. Auwrdhg to Towu ufhpiter Resolution No. 1-98, a buadout date of December 3 1,2005 was established for the Bear's Club PUD. In IResolu~ No. 18-01, the buildout date of both the RitzJhrlton Golf Club & Spa PUI) aod the Bear's Club PUD were extended to December 3 1,2008. Thc south section was annexed into the City of Palm Beach Osrdens on July 2,1992 by Resolutioa 53,1992. However, there is no record of a buildout dak fw the south section of the DIU. The proposed changes for this NOPC apply only to the south section of the DRT, which according to the applicant, was approved for 3,648 dwelling units. In this NOPC, the applicant proposes the following changes forthe south section: 1. Add an Ebdjacent 6.05 acre parcel of land, located at the southeast comer of Donald Ross Road and Prosperity Fms Road, thus increasing its acreage from the original 770.34 acres to 776.39 acres. 2. Establish a conversion matrix between ofice/rehil use and residential use. 3. The 6.05 acre parcel will be combined with an 8.49 acre parcel for a total of 14-54 wes, The new pam~wiUbeknownasparcCl$, mdisproposedto haveatotd of 120 multi-titnilydweWgu&, based on a maximum deJIsiity of8.25 units per m. 6. The applioant has indimid in item number 7 of the NOPC application that copies of the adupted resolutions and ordidances associated with the DRl have been enclosed. However, the NO^ package provided to the Departmeat does not include any copies. Please provide the documents 50 that we may complete our rwiew, 7. 'xhe applicant has indicated in item Number 10 of tbeNOPC appticatiOn that thc Ffellchmau's Cmk DM does not have a buiklout date. "he Departnrcnt recornmendsthat a buildout dde be established, as it was for the northern portion of the DRI. Allowing a DRI to have an indefjnite buildout date is contrary to 380.021 F.S., 38O.O6(15Xc)2. F.S., and 9J-2.025{3#)11. F.A.C. .. . 10 'd . .. .. , ... ._.I..I . .., . . . O€:€T SO, 6Z u*C \ JEB BUSH GOVERNOR Florida Department of Transportation PLANNING AND ENVlRONhlENTAL RlANACEhlENT - DISTRICT I 3400 West Cninlneicial Boulevaid, Foil Laudcrddle, Floiida 33309-342 I Telephone (954) 7774601 Fax (054) 777-4671 Toll Flee Nunihcr I-866-336-R435 DENVER J. STUTLER, JR. SECRETARY July 22,2005 Mr. Michael J. Busha, AICP Executive Director Treasure Coast Regional Planding Council 301 East Ocean BouIevard, Suite 300 Stuart, Florida 34994 Dear Mr. Busha: SUBJECT: Frenchman's Creek Development of Regional Impact @€U) City of Palm Beach Gardens, Palm Beach County Notification of Proposed Change (NOPC) - Response to Comments The Department received a letter fiom A4r. George G. Gentile of Gentile, Holloway, O'Mahoney & AssociateS, Inc. dated Jdy 5,2005 addressing comments that were made by the Department (see FDOT letter dated June 29,2005) regarding an NOPC for the Frenchman's Creek DRI that was submitted on March 7,2005. Based on the information provided by the applicant in their letter and a subsequent phone conversation for clarification, the Department has determined that the applicant has sufficiently addressed all of the Department's comments. Therefore, we have no Mer objections to this NOPC. Please feel fiee to contact this office at (954) 777-4601 ifyou have any questions. Sincerely, District anning and Environmental Engineer sl GS:cw/mm cc: Bob Romig - Director, 05ce of Policy Planning, FDOT Gerry OReilly - Director of Transportation Development, FDOT John Krane - Transportation Planning Engineer, FDOT www.dot.state.fl.us Prepared: September 26,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION 162,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DEVELOPMENT ORDER OF THE FRENCHMAN’S CREEK DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR THE INCORPORATION OF A CONVERSION MATRIX TO PERMIT THE CONVERSION OF COMMERCIAL TO RESIDENTIAL USES AND VICE VERSA; ALLOWING THE DEVELOPMENT OF UP TO 120 ADDITIONAL RESIDENTIAL UNITS; MODIFYING THE BOUNDARIES OF THE DRllPCD DRllPCD AND LOCATED AT THE SOUTHEAST CORNER OF DONALD ROSS ROAD AND PROSPERITY FARMS ROAD; AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, FRENCHMAN’S CREEK PROPERTY OWNER’S ASSOCIATION, INC., FRENCHMAN’S MARINA RESORT, LTD. AND AVATAR PROPERTIES, INC.; AND PROVIDING AN EFFECTIVE DATE. TO INCORPORATE A SIX-ACRE PARCEL ADJACENT TO THE SUBJECT WHEREAS, on December 15, 1988, the City Council adopted Ordinance 49, 1988 approving the annexation of the portion of the Frenchman’s Creek DRI located south of Donald Ross Road, east of Alternate AIA, and west of the Intracoastal Waterway, consisting of approximately 644 dwelling units and a 133-boat-slip marina on approximately 776 acres into the City of Palm Beach Gardens; and WHEREAS, on July 2,1992, the City Council adopted Resolution 53,1992 approving a development order for the Frenchman’s Creek Development of Regional Impact; and WHEREAS, on September 19, 1996, the City Council adopted Resolution 144, 1996 approving the most recent Notice of Proposed Change to the Frenchman’s Creek Development of Regional Impact; and WHEREAS, the City Council has received an application from Frenchman’s Marina Resort, Ltd. and Avatar Properties, Inc., for a Notice of Proposed Change to amend the Master Plan and Development Order of the Frenchman’s Creek Development of Regional Impact; and WHEREAS, on August 23,2005, the Planning, Zoning, and Appeals Board reviewed the subject application and recommended approval for the proposed amendments with a vote of 7-0; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: September 26,2005 Resolution 162, 2005 WHEREAS, the City Council has reviewed and considered the requested application, the proposed amendment to the Development Order, the proposed amendments to the Master Plan, the recommendation of the Planning, Zoning, and Appeals Board, and such other information and testimony presented to it with regard to this application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: 1. These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes. 2. These proposed amendments to the Development Order and the Master Plan do not constitute “substantial deviations” from the terms of the Development Order, as provided in Section 380.06( 1 9), Florida Statutes, and therefore, this application does not require further development of regional impact review. 3. The amendments and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution R-73-645 and Resolution 53, 1992, as amended by subsequent resolutions, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City’s Planning & Zoning Division files and attached hereto as “Exhibit H - Frenchman’s Creek DRI,” and date stamped June 22, 2005, is adopted as the official Master Plan for the Frenchman’s Creek DRI. B. The Master Plan is specifically revised to amend the boundaries of the Frenchman’s Creek DRI to incorporate the six-acre parcel located at the southeastern corner of Prosperity Farms Road and Donald Ross Road into the DRI, and as particularly described below, permit the development of up to 120 additional residential units, and allow for the incorporation of a conversion matrix to permit the conversion of commercial uses to residential uses and vice versa: 2 Date Prepared: September 26, 2005 Resolution 162,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 48 LEGAL DESCRIPTION: PARCELS OF LAND IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE RUN WEST ON THE NORTH LINE OF SAID NORTHWEST QUARTER 1383.09 FEET TO AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER, WHICH POINT IS THE POINT OF BEGINNING; THENCE RUN SOUTH PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER, 275 FEET TO AN IRON PIPE; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID SECTION, 150 FEET TO A POINT; THENCE RUN NORTH PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION, 275 FEET TO A POINT; THENCE RUN WEST ALONG THE NORTH LINE OF SAID SECTION, 150 FEET TO THE POINT OF BEGINNING; BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29 AT A DISTANCE OF 1383.09 FEET WEST OF, MEASURED ALONG SAID LINE, THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 29; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET; THENCE WESTERLY, PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 184.3 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET TO A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, THENCE EASTERLY ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 184.3 FEET TO THE POINT OF BEGINNING. FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29, RUN WESTERLY ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 857.52 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE RUN SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 472.50 FEET; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 525.57 FEET; THENCE RUN NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 197.50 FEET; THENCE RUN EASTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE RUN NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 275.00 FEET; THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SECTION 29, A DISTANCE OF 375.57 FEET TO THE ACTUAL POINT OF BEGINNING; LESS AND EXCEPTING THEREFROM ROAD RIGHT-OF-WAY OF DONALD ROSS ROAD OVER THE NORTH 60 FEET OF SAID SECTION 29. A PORTION OF THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 60.00 FEET OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: September 26,2005 Resolution 162, 2005 COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 01’52’43” WEST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (THE EAST LINE OF THE NORTHWEST QUARTER IS ASSUMED TO BEAR SOUTH 01 ‘52’43” WEST AND ALL OTHER BEARING ARE RELATIVE THERETO) A DISTANCE OF 60.00 FEET TO THE SOUTH LINE OF THE NORTH 60.00 FEET OF SAID NORTHWEST QUARTER, THENCE NORTH 87’26’33” WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEET, A DISTANCE OF 369.86 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK MARINA (A P.U.D.) AS RECORDED IN PLAT BOOK 67, PAGES 132 THROUGH 134, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTH 87’26’33” WEST ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEETANDTHE BOUNDARY OF SAID MARINA PLAT, A DISTANCE OF 487.66 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEET AND THE WESTERLY EXTENSION OF SAID NORTHERLY BOUNDARY, NORTH 87’26’33”WEST, A DISTANCE OF 710.37 FEETTO A POINT ON THE EASTERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK YACHT CLUB (A P.U.D.), AS RECORDED IN PLAT BOOK 67, PAGES 130 THROUGH 131, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH LINE OF THE NORTH 60.00 FEET, NORTH 01’52’43” EAST, ALONG THE NORTHERLY EXTENSION OF THE YACHT CLUB BOUNDARY LINE, A DISTANCE OF 11.38 FEET TO THE INTERSECTION WITH THE NORTHERLY AS RECORDED IN OFFICIAL RECORDS BOOK 3537, PAGE 989, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 52’33’05” EAST, ALONG SAID THE NORTH 40.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 87’26’33” EAST ALONG SAID SOUTH LINE OF THE NORTH 40.00 FEET, A DISTANCE OF 699.99 FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY BOUNDARY LINE OF SAID MARINA PLAT; THENCE, DEPARTING SAID SOUTH LINE OF THE NORTH 40.00 FEET, SOUTH 01’52’43” WEST, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE NORTH 60.00 FEET AND THE POINT OF BEGINNING. EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD, RIGHT-OF-WAY LINE EXTENDED, A DISTANCE OF 13.42 FEET TO THE SOUTH LINE OF CONTAINING 6.05 ACRES, MORE OR LESS SECTION 4. TRANSMITTAL OF RESOLUTION. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the Frenchman’s Creek Property Owner’s Association, Inc., the Frenchman’s Marina Resort, Ltd., and Avatar Properties, Inc. SECTION 5. This Resolution shall become effective immediately upon adoption. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Date Prepared: September 26,2005 Resolution 162, 2005 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney AYE NAY ABSENT -- VOTE: MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE --- COUNCILMEMBER BARNETT --- Ghttorney-share\RESOLUTIONS\frenchrnans creek nopc - reso 162 2005.doc 5 .OOG .om 0 .OOOl .osz .oooz IV 61 10'E e1z Ot'E EI SQZ EO1 V V V V EL'S€ WlOl6Sd l9El E4 OLB 7.4 LtFl Id I V 63 I1 v3 UU V E3 111 v 23 tC*2 61'6E 1762 13 I 55'611 lVL01-3. VP'I PE 92 9V2 SE 511 62 680 651 10'1 91'1 960 PE V WLE wioims.a El e V I2 21 w 813 €19 WLI 207. 61'1 $0.1 V all VI3 MI Po 93v PESE w1018151 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 2,2005 Meeting Date: December 1 , 2005 Resolution 169,2005 SubjectlAgenda Item: Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1 [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: rtment City Attorney Submitted by: c_ (-> Judy A. Taylor Dye Assistant City Engineer +$.L 724- I r+y Approved by: City Mander Originating Dept.: Engineering <. C'. Judy A. Taylor Dye Assistant City Engineer )y-,.y -f*:&=. r 1': 't Advertised : Date: Paper: [ X ] Not Required Affected parties [X ] Notified [ ] Not required Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [X ] Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 169,2005 [ ]None Page 2 of 2 Date Prepared: November 2,2005 Meeting Date: December 1,2005 Resolution 169,2005 STAFF RECOMMENDATION The plat of Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1 includes the replatting of two lots, Lot 1A and Lot 2A, within Block 17 located north of Murano Circle within the Gables at Northlake development. Staff recommends approval of Resolution 169,2005. C:\Documents and Settings\clevy\Local SettingATemporary Internet Files\OLK45F3\4088Azzt Agenda Cover.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 169,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE REPLAT OF LOTS 1 AND 2, BLOCK 17 GABLES AT NORTHLAKE REPLAT NO. 1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1; 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, Florida Statutes, and recommends approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1 consisting of one (1) sheet, prepared by Ewing and Shirley, Inc., attached hereto as Exhibit “A. ” SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: November 2,2005 Date Prepared: November 2,2005 Resolution 169,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- COUNCILMEMBER LEVY --- COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- \\pbgsfile\AttorneyVattorney-share\RESOLUTIONS\PLAT - replat-gables at northlake - reso 169 2005.doc 2 Date Prepared: November 2,2005 Resolution 169,2005 EXHIBIT A MI. ** . d *.. 'E CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 14,2005 Meeting Date: December 1,2005 Resolution 163,2005 SUBJECT/AGENDA ITEM Resolution 163,2005: Art in Public Places - Mirasol Town Square Consideration of Approval: A request by Lucy M.F. Keshavarz on behalf of Palm Beach Acquisitions for approval of the Art in Public Places for Mirasol Town Square, which is located within the Mirasol Planned Community Development (PCD). The approximately 12-acre site is generally located at the northwest corner of PGA Boulevard and the Florida Turnpike. [XI Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: 1 Planning Manager Kara Irwin City Attorn Finance NIA Development Compliance N/A Bahareh Keshavarz-Wolfs, AICP Growth Admini Charles K. Wu. AICP Approved By: Originating Dept.: Growth Management: Manager dlJ Brad Wiseman Senior Planner [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [ ] Required [XI Not Required Affected Parties: 3 Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ 3 Operating [XI Other- Budget Acct.#: NIA City Council: [ 3 Approved [ 3 App. w/ conditions [ 3 Denied [ 3 Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Applicant's Narrative 0 Site Plan Color Rendering Images Artist Resume 0 Public Art Budget Resolution 163,2005 cu 1 tu re Group, Inc November 18,2005 City Council City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Resolution 163,2005 - AIPP for Mirasol Town Square December 1,2005 City Council Meeting Agenda Dear City Council Members; Mayor Russo, Vice Mayor Jablii Council Member Levy, Comcil Member Valeche and Council Member Barnett: On behalf of Palm Beach Acquisitions, LLC, developers of Mirasol Town Square I quest a continuance be granted on the above listed Resolution until the December 15,2005 City Council meeting. As you may recall, during the City Council meeting of November 17,2005, the ResolutiOn was deferred to the December 1,2005 meeting. Upon review of my schedule I find that I will be unavailable on December 1, 2005. I have not yet been able to speak with the developer to discuss direction or someone to present in my place. Placing this on the December 15* agenda will allow us the time needed to detemme ' approPriatediffctionconcerningthebtonze plaque. As the developer's agent in Art in Public Places matters, this will also offer consistency for all parties involved. OC: Patty Snider, City Clerk Christine Tatum, City Attorney Date Prepared: October 14,2005 Meeting Date: December I, 2005 Resolution 163,2005 EXECUTIVE SUMMARY The subject request is for approval of the art in public places for Mirasol Town Square, which is located within the Mirasol Planned Community Development (PCD). The proposed art consists of a statue of Thomas Jefferson sitting on a bench writing the Declaration of Independence, three additional sandstone benches, a flagpole, and plaque commemorating a local reserve unit. The AIPP Advisory Board voted 6-1 to recommend approval of the proposed art on September 20, 2005. Staff recommends approval of Resolution 163,2005 with five conditions. BACKGROUND On October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the Mirasol Planned Community Development (PCD). The Mirasol PCD is comprised of approximately 2,304 acres and was approved for 2,145 dwelling units, 105,000 square feet of professional office use, 15,000 square feet of commercial use, three golf courses, a clubhouse facility, 10,000 square feet of community facility use, a 5,000 square-foot sales center, a City park, and a school. On November 6,2003, the City Council approved the site plan for Mirasol Town Square through the adoption of Resolution 194, 2003. Mirasol Town Square consists of seven buildings that comprise 105,000 square feet of professional office and 15,000 square feet of general retail on a 12-acre site. In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public Places, Fee Imposed on Development, all budgets for new construction of private and public developments shall include one percent (1 %) of the total budget for vertical construction as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute one percent (1%) of the total vertical construction costs directly to the City for the provision of art on public property. Under the provisions of Section 78-261(a)( 1) of the City’s Land Development Regulations entitled Deposit of Funds, prior to the issuance of a building permit on site, the petitioner has placed $70,800 into an escrow account, which represents one percent (1 %) of the estimated total cost of vertical construction on site (please see the attached project budget breakdown). PROPOSED ART IN PUBLIC PLACES The proposed Art in Public Places designed by George W. Lundeen is described below (please see attached images and location maps): Thomas Jefferson The Thomas Jefferson bronze sculpture is a life-like statue that is approximately 54”H x 60”L x 39”W. Thomas Jefferson is sitting on a bench, in informal attire, using a feather pen to write a rough draft of the Declaration of Independence. Several books are placed on his lap, which serve as his writing surface. He is looking straight ahead appearing to be in deep thought, while his work contains the verbiage for the beginning of our independence. At night, the sculpture will be illuminated via down lighting from the centralized specimen oak tree. 2 Date Prepared: October 14,2005 Meeting Date: December I, 2005 Resolution 163,2005 Four Benches These four sandstone benches will provide a place for visitors to sit and ponder the early stages of our great nation and gratitude for our local troops. The southeast bench provides a place for the Thomas Jefferson sculpture to rest. Each bench is strategically placed under the centralized oak tree to provide shade from the sun. Dedication Plaque The 2’ x 2’ dedication plaque is located east of the benches and Thomas Jefferson. The dedication plaque states the following: “Liberty Square is dedicated to the Fourth Anglico Marines and in honor of the men and women of our country that answer the call to defend and “secure the Blessings of Liberty to ourselves and our Posterity.” Followed by Article 1 of the Constitution. The Declaration of Independence was the call to unite in the fight for freedom; The Constitution of the United States is the means of maintaining freedom. May we, the citizens of the United States of America, never cease to serve Liberty! Subsequent to this message are several repetitive cartoon-like pictorials of everyday people. This plaque serves to correlate the importance of our local military personnel, the foundation for our country, and each American’s duty. Flag Pole Immediately east of the dedication plaque, a 40-foot high flag pole is proposed, which will display our nation’s flag, “Old Glory.” Following a battle for our independence in the War of 1812, “Old Glory” was hailed at Fort McHenry in Baltimore, Maryland, which inspired the national anthem by Francis Scott Key. This flagpole, which will display the nation’s flag will serve as a landmark for “Liberty Square” and will remind us of our independence that Thomas Jefferson helped commence. ARTIST George W. Lundeen is a statue designer and creator of art works for a wide variety of applications. Primarily oriented towards designing elements to enhance a sense of place, Lundeen’s experience includes a statue named “Portrait of Elrey” at Denver International Airport; and other portrait sculptures of people on benches such as Benjamin Franklin, a family reading a book, and the “Niki Girl.” He has also designed Art in Public Places programs for universities, municipalities, foundations, and corporations (please see attached artist resume). ART IN PUBLIC PLACES ADVISORY BOARD The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on September 20, 2005. The AIPP Advisory Board praised the proposed art, welcomed its presence in Mirasol, and voted 6-1 to recommend approval to the City Council. Included in the Board’s recommendation, was a condition of approval requiring the applicant to receive the AIPP Advisory Board’s approval of the plaque’s final design prior to installation. The Board agreed with staffs concern 3 Date Prepared: October 14,2005 Meeting Date: December I, 2005 Resolution 163,2005 that the cartoon-like pictures of the people on the plaque were overdone and detracted from the messages. The applicant stated that the pictorials were clip-art and were not representative of the final design. The dissenting vote, Ms. Myra Davis, stated that the Thomas Jefferson statue is too cold for Mirasol, was more fitting of being outside of a government building, and that Benjamin Franklin would have been a better selection. STAFF CONCERNS Staff has the following concedissue with respect to the proposed Art in Public Places: 1. It is staffs opinion that the proposed cartoon-like pictures of people on the plaque create unnecessary clutter, detract from the dedication and messages, are too repetitive, and substandard. Staff recommends removing these pictorials from the plaque. Staff has included a condition of approval in the attached resolution, which requires the applicant to receive the AIPP Board’s approval of the plaque’s final design prior to installation. CITY COUNCIL The City Council reviewed Resolution 163, 2005, and voted to continue the item to the December 1,2005, meeting. However, the applicant is requesting a continuance to the December 15, 2005, meeting (Please see attached applicant letter dated 11/18/05). Included in City Council’s motion was a request that the applicant revise the plaque to reference the Declaration of Independence in-lieu of the Constitution, which is consistent with Thomas Jefferson. STAFF RECOMMENDATION The petitioner has satisfied the requirements established in the City’s LDRs relating to the provision of Art in Public Places. Staff recommends approval of Resolution 163, 2005 with the conditions provided therein. 4 . August 30,2005 AIPP ADVISORY BOARD City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Mirasol Town Square Promsed Art in Public Places Aembers: On behalf of Palm Beach Acquisitions, LLC, it is my pleasure to submit the following information for your review and request a positive final recommendation to the City Council of Palm Beach Gardens for the proposed public art for Mirasol Town Square. Mirasol Town Square is located on 12 acres within the Mirasol Community on the East side of Jog Road close to the intersection of PGA Blvd. and Florida Turnpike. The required art fee of $70,800.00 was escrowed in the spring of 2004 prior to the issuance of the first art &cultural programming design and consulting building permit. It has been previously agreed that the aipp should be placed within the plaza in front of (west side) of building “D.” As was discussed at the aipp advisory board meeting in June the developer desires a patriotic theme and wished to include several ideas in the public art concept thus the title of “Liberty Square” at Mirasol Town Square was chosen to tie these ideas together: - encourage public interaction & thought - reference Declaration of Independence - reference Constitution of the United States - Dedication to local reserve unit - Reference “Mirasol” After review of many artists’ work, the sculpture “Thomas Jefferson” by sculptor George Lundeen was chosen and a plaza design, including amenities; landscaping; hardscape and lighting, was created to reach the public art concept and goals listed above. As you will see by the enclosed materials the plaza is at the center of this large commercial center. The design is at an inviting human Scale that leads to the art which is both surprising and thought provoking. Please find the following information enclosed for review in this amroval process: 66 St. James Drive Mirasol Town Square Location Site Plan - Center Section of Mirasol Town Square 4 Palm Bcach Gardens Florida 33418 Phondk (561) 622-9892 Site Plan of plaza area 2 0 Color Rendering of Landscape Plan for plaza area indicating location of four benches, “Thomas Jefferson” sculpture, dedication plaque, lighting and flagpole Images of the ‘‘Thomas Jefferson” sculpture Artist’sResume Dedication plaque text & conceptual graphics 0 Public art budpt information I look forward to meeting with the members of AIPP Advisory Board to fully review this request and answer any questions you may have. ucy M. f. Keshavarz Consultant to Palm Beach Acquisitions, LLC Enclosures Mirasol Town Square Project Location: 12 acres located within the Mirasol Community on the East side of Jog Road close to the intersection of PGA Blvd. and Florida Turnpike. Location Map I Hood Road P.C.A. Blvd YJJ ".__I_ -- I 4 Mimso/ Town Square 0 D x --f m rn CUI XJC mm Thomas Jefferson by George W. Lundeen “Thomas Jefferson” 54” H x 60” L x 39” W Life Size Bronze Edition of 36 Roughj draft of Declaration of Independence 1-d A I Georqe W. Lundeen 338 E. 4 Street Loveland, Colorado 80537 fax (970) 669-9493 www . I u ndeen scu I pt u re. co m (970) 669-7 1 76 Biography A native of Holdrege, Nebraska, Lundeen was a Fulbright-Hayes Scholar studying at the Academia de Belle Arte in Florence, Italy. He holds a masters in Fine Arts from the University of Illinois and a bachelor of arts from Hastings College in Nebraska. George Lundeen established his sculpting studio in Loveland, Colorado in the mid-1 970s where he currently lives and works. He has been commissioned to sculpt portraits and interpretive works alike for universities, municipalities, foundations, and corporations. Mr. Lundeen is a member of the National Academy of Design and the National Sculpture Society. AWARDS AND HONORS UNIVERSITY OF NEBRASKA 1999 Honorary Doctorate of Humade Letters STATE OF NEBRASKA 1995 "Distinguished Nebraskan" by proclamation of the Governor of Nebraska LEGISLATURE OF NEBRASKA AND THE NEBRASKA LAND FOUNDATION 1995 Pioneer Award NATIONAL SCULPTURE SOCIETY 1983 National Sculpture Society's Prizewinner Exhibition, Bronze Medal: "Depature" 1982 National Sculpture Silver Medal: "OM Friends" 1981 National Sculpture Bronze Medal: "Departure" NATIONAL ACADEMY OF AMERICA 1982 Elizabeth N. Watrous Gold Medal: "Michelle" ALLIED ARTISTS OF AMERICA 1991 Associate Members Award: "Joy of Music-Bass Player'' 1990 Helen Gapen Oehler Memorial Award: "Hearts on a Swing" 1987 Allied Artists Members & Associates Award: "Ben Franklin" 1981 Pietro and Atfrieda Montana Memorial Award: "Michelle" CHINA EXHIBITION AGENCY 1981 Special Citation from the China Exhibition Agency, Beijing (Peking), China NORTH AMERICAN SCULPTURE EXHIBITION 1986 John Cavenaugh Memorial Award: "Flatlander" 1983 Art Castings of Colorado Award: "Lovers" 1981 Rocky Mountain Sculpture Award: "Last Laugh" 1980 North American Sculpture Award (Best of Show): "I1 Barbone" 1979 North American Sculpture Award (Best of Show): "Departure" AMERICAN INDIAN AND COWBOY ARTIST WESTERN ARTS U(HIBITI0N 1982 Artist of the West EDUCATION 1973-1 974 Fulbright-Hayes Scholar: Post graduate work at the Academia de Belle Arte in Florence, Italy 1971-1 973 Master of Fine Arts, University of Illinois, Urbana, Illinois 1966-1971 Bachelor of Arts, Hastings College, Hastings, Nebraska TEXAS A&M UNIVERSITY 1978-1 979 Texas A&M Artist in Residence ASSOCIATION MEMBERSHIP Allied Artists of America National Sculpture Society; Fellow National Academy of Design COMMISSIONS 2001 "End of an Era" commissioned for the Colorado Springs Pioneers Museum, Colorado 2001 "Man Sandoz" commissioned for Chadron State College, Chadron, Nebraska 2000 "Holly Coors" commissioned for the Air Force Academy, Colorado Springs, Colorado 1999 Portrait busts of former Nebraska state senators, Jerome Warner, and his father 1997 "Jack Swigert" commissioned for Statuary Hall, the Capitol Building, Washington DC 1997 "Portrait of Nathan Gold for the Nebraska State Capitol Building, Lincoln, Nebraska 1996 "Dolphins" commissioned for the Marketplace Mall, Westminster, Colorado 1996 "Robert Frost" commissioned by Dartmouth College, Hanover, New Hampshire 1995 "Mary Lanning" commissioned for the Mary Lanning Hospital, Hastings, Nebraska 1994 "Portrait of Dwight Griswold" for Nebraska State Capitol Building, Lincoln, Nebraska 1993 "George W. Hopper" commissioned for the University of Wyoming Law Library, 1993 "Cliff Hillegass" (Cliffs Notes) commissioned for Cliff Hillegass Sculpture Garden at the 1993 "George W. Norris" commissioned by Nebraska Rural Electric Association for the 1993 1 1/2 lifesize portrait of pioneer aviator, Elrey B. Jeppesen, for the Jeppesen Terminal 1992 "Branch Rickey" Baseball Man of the Year" Award, Inaugural year presented to Dan 1992 "Portrait of Art Thompson" for Nebraska State Capitol Building, Lincoln, Nebraska 1992 "Players" for the University of Nebraska, Lincoln, Nebraska 1990 Lifesize "Runner" and Couple on Bench" for NlKE Inc., Corporate Headquarters, 1989 "Joy of Music" commissioned for the Civic Center of Loveland, Colorado 1988 "Gene Sarazen" commissioned for the Atlanta National Golf Club 1987 "Ben Franklin" commissioned for the Universrty of Pennsylvania 1986 "Gilbert Hitchcock" commissioned by the Nebraska Historical Foundation 1983 "Promise of the Prairie" (1 0' tall) bronze of prairie family for Holdrege, Nebraska Charles Warner for the Nebraska Capitol in Lincoln Laramie, Wyoming Museum of Nebraska Art, University of Nebraska at Keamey National Cooperative Headquarters, Dallas, Texas Building of the new Denver International Airport, Denver, Colorado Winfield Beaverton, Oregon Liberty Square At Mirasol Town Square "Liberty Square" is dedicated to the Fourth Anglico Marines and in honor of the men & women of our country that answer the call to defend and "secure the Blessings of Liberty to ourselves and our Posterity." The Declaration of Independence was the call to unite in the fight for freedom; The Constitution of the United States is the means of maintaining freedom. May we, the citizens of the United States of America, never cease to serve Liberty! . Final Recommendation Request - AlPP Mirasol Town Square Budget Information 20-sep-05 Mirasol Town Square AIPP Budpet - $70,800.00 Costs of proposed AlPP Shipping $2,000 Installation $2,000 Bronze Plaque (text composition, design, proofs, casting & shipping) $3,500 Landscaping (large live oak tree) $5,000 Lighting $8,000 Flag Pole & United States Flag $3,100 Thomas Jefferson sculpture and four sand stone benches (price good till 12-31-05) $45,000 Artist has increased price on sculpture & single bench to $65,000. - A& Consulting F= $10,620 Total $79,220 ~~ ~ Date Prepared: September 30,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 163,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR MIRASOL TOWN SQUARE, WHICH IS WITHIN THE MIRASOL PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND THE FLORIDA TURNPIKE, AS MORE PARTICULARLY DESCRIBED HERE1 N ; PROW Dl NG FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998 thereby establishing the Mirasol Planned Community Development (PCD), which is located at the northwest corner of the intersection of PGA Boulevard and the Florida Turnpike, consisting of 2,145 dwelling units, 105,000 square feet of office space, 15,000 square feet of retail, three golf courses, 10,000 square feet of community facility use, a 5,000-square- foot sales center, a City park, and a school; and WHEREAS, on November 6,2003, the City Council adopted Resolution 194,2003, thereby approving the site plan for Mirasol Town Square consisting of 105,000 square feet of office space and 15,000 square feet of retail space, on approximately 12 acres of land located at the northwest corner of the intersection of PGA Boulevard and the Florida Turnpike; and WHEREAS, Ms. Lucy M.F. Keshavarz, on behalf of Palm Beach Acquisitions LLC, has submitted a petition (AlPP-05-07-000001) with the City’s Growth Management Department requesting approval of the proposed Art in Public Places for Mirasol Town Square; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on September 20, 2005, the Art in Public Places Advisory Board reviewed said application and recommended its approval to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 30,2005 Resolution 163, 2005 SECTION 2. The City Council hereby approves the proposed Art in Public Places for Mirasol Town Square located on the following described real property: LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACTS H, MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AREA OF TRACT H: 523,164.31 SQUARE FEET, 12.01 ACRES, MORE OR LESS. SECTION 3. Said approval shall be consistent with plans and documents filed with the City’s Growth Management Department as follows: 1. 2. 3. Thomas Jefferson details, prepared by George Lundeen, received and stamped by the City on August 30,2005. Liberty Square plaque details, prepared by Lucy M.F. Keshavarz, received and stamped by the City on August 30, 2005. Liberty Square site plan and landscape plan, prepared by Cotleur & Hearing, received and stamped by the City on August 30, 2005. SECTION 4. Said art approval shall comply with the following conditions, which shall be binding upon the Applicant, its successors, assigns, and/or grantees: 1. 2. 3. 4. 5. The Art in Public Places shall be installed prior to May 1, 2006. (Planning & Zo n i ng ) The Applicant shall be responsible for maintenance of the works of art. (Planning & Zoning) The Applicant shall submit digital photographs of the installed artwork within sixty (60) days of installation. (Planning & Zoning) Prior to installation of the plaque, the Applicant shall receive approval of the plaque’s final design from the AlPP Advisory Board. (Planning & Zoning) The Applicant shall remove the United States of America flag at night unless lighting for the flag is provided. (Planning & Zoning) 2 Date Prepared: September 30,2005 Resolution 163, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 5. This 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. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO --- VICE MAYOR JABLIN --- CO U NC I LM EMBER LEVY COUNCILMEMBERVALECHE --- COUNCILMEMBER BARNETT --- --- \\Pbgsfile\AttorneyMorney-share\RESOLUTlONS~ipp - mirasol town square - res0 163 2005.doc 4 3 City of Palm Beach Gardens Council Agenda December 1,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Levy Council Member Valeche Council Member Barnett r‘ I. ‘11. &Sd Go ’ 111. ./ IV. v. VI. CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 1,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: J a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager Project Planning, Florida Dept. of Transportation. (Charles Wu) Department Presentation: GIS Website. (POC Melissa Prindiville) Jb. ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Approve Minutes from the November 3, 2005 regular City Council meeting. P..s- 5-* b. Resolution 174, 2005 -- Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs, for Disaster Relief as a result of Hurricane Wilma; and providing an effective date. c. Approval of Change Order No.1 with Total Maintenance Building Services, Inc. for landscape maintenance services at various City Parks. PUBLIC HEARINGS: Part I - Non-Quasi-judicial a. Ordinance 33,2005 - (2nd reading and adoption) Plat Process Code amendment to clarify for Development Order Review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review procedures for subdivisions and plats; amending Section 78-41, Code of Ordinances, entitled “Applicability of Article” and Section 78-43, Code of Ordinances, entitled “Review of Applications for Development Order Approval,” to provide clarification of the review procedures for subdivisions and plats; providing for codification; and providing an effective date. Part I1 - Quasi-iudicial a. Ordinance 34, 2005 - (2nd Reading and adoption) PGA Corporate Center (aka “Parcel 5A”) - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate A1A to the East, and PGA Boulevard to the South, as more particularly described herein, from Research and Light Industrial Park (Ml) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with an underlying zoning of Research and Light Industrial Park (Ml), to be referred to as the “PGA Corporate Center PCD”; amending the zoning district map; and providing an effective date. Resolution 166,2005 is a companion item to Ordinance 34,2005 and will require Council action Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate A1A to the East, and PGA Boulevard to the South, as more particularly described herein, to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; providing for waivers; providing for conditions of approval; and providing an effective date. Ordinance 37, 2005 - (lst reading) The Pointe, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate-95. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, fkom a Professional Office (PO) zoning designation to a Planned Unit Development (PUD) overlay zoning designation with an underlying zoning of Professional Office (PO); amending the zoning district map; and providing an effective date. b. Resolution 175 is a companion item to Ordinance 37,2005 and Resolution 175, 2005 -- The Pointe, approving the master development plan for the approximately 9.18-acre property located at the Northwest Corner of Military Trail and interstate-95. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 9.18-acre property located at the Northwest corner of Military Trail and Interstate 95, as more particularly described herein, to allow the development of 150,000 square feet of Professional Office space and a five-level parking garage to be referred to as “the Pointe PUD”; providing for waivers; providing for conditions of approval; and providing an effective date. will require Council action at second reading. Ordinance 32, 2005 - (2nd reading and adoption) Frenchman’s Yacht Club - Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, from a Planned Development Area (PDA) Zoning designation to a Planned Community District (PCD) zoning designation with an underlying zoning of Residential Medium (RM); amending the zoning district map; and providing an effective date. Resolution 152,2005 is a companion item to Ordinance 32,2005 and will require Council action. Resolution 152, 2005 - Frenchman’s Yacht Club - Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 14.54-acre property located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, to allow the development of 113 multifamily dwelling units and 9,990-square feet of ancillary office/retail space for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing for waivers; providing for conditions of approval; and providing an effective date. Resolution 162,2005 is a companion item to Ordinance 32,2005 and will require Council action. Resolution 162,2005 - Frenchman’s Yacht Club - Expanding PCD boundaries. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order of the Frenchman’s Creek Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the master development plan to allow for the incorporation of a conversion matrix to permit the conversion of commercial to residential uses and vice versa; allowing the development of up to 120 additional residential units; modifying the boundaries of the DRI/PCD to incorporate a six-acre parcel adjacent to the subject DRI/PCD and located at the Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Frenchman’s Creek Property Owner’s Association, Inc., Frenchman’s Marina Resort, Ltd., and Avatar Properties, Inc.; and providing an effective date. d. Resolution 169, 2005 - Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1 ; and providing an effective date. e. - & d$v~ < <I0 Resolution 163, 2005 - Art in Public Places for Mirasol Town Square. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for Mirasol Town Square, which is within the Mirasol Planned Community Development (PCD) located on the Northwest corner of the intersection of PGA Boulevard and the Florida Turnpike, as more particularly described herein; providing for conditions of approval; and providing an effective date. w+ ,&I\ X. XI. XII. XIII. XIV. RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agend December 1,2005 a Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Levy Vice Mayor Jablin Council Member Valeche Council Member Barnett E CITY OF PALM BEACH GARDENS COUNCIL AGENDA December 1,2005 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ADDITIONS, DELETIONS, MODIFICATIONS: 54* IV. ANNOUNCEMENTS / PRESENTATIONS: ik a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager Project Planning, Florida Dept. of Transportation. (Charles Wu) b. Department Presentation: GIS Website. (POC Melissa Prindiville) V. ITEMS OF RESIDENT INTEREST: '7; yo VI. CITY MANAGER REPORT: VII. 5-0 1B3,aJ 79 COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: 54 a. [Page 7) Approve Minutes from the November 3, 2005 regular City Council meeting. b. [Staff Report on Page 12, Resolution on Page 14) Resolution 174, 2005 -- Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs, for Disaster Relief as a result of Hurricane Wilma; and providing an effective date. C. {Staff Report on Page 27) Approval of Change Order No.1 with Total Maintenance Building Services, Inc. for landscape maintenance services at various City Parks. PUBLIC HEARINGS: Part I - Non-Quasi-iudicial a. {Staff Report on Page 32, Ordinance on Pape 42) Ordinance 33, 2005 - (2nd reading and adoption) Plat Process Code amendment to clarify for Development Order Review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review procedures for subdivisions and plats; amending Section 78-4 1, Code of Ordinances, entitled “Applicability of Article” and Section 78-43, Code of Ordinances, entitled “Review of Applications for Development Order Approval,” to provide clarification of the review procedures for subdivisions and plats; providing for codification; and providing an effective date. Part I1 - Quasi-iudicial a. {Staff Report on Page 46, Ordinance on Page 129, Resolution on Page 133) Ordinance 34, 2005 - (2nd Reading and adoption) PGA Corporate Center (aka “Parcel 5A”) - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate AlA to the East, and PGA Boulevard to the South, as more particularly described herein, fi-om Research and Light Industrial Park (Ml) and Planned Development Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning designation with an underlying zoning of Research and Light Industrial Park (Ml), to be referred to as the “PGA Corporate Center PCD”; amending the zoning district map; and providing an effective date. Resolution 166,2005 is a companion item to Ordinance 34,2005 and will require Council action Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Master Development Plan for the 78.96-acre PGA Corporate Center Planned Community Development (PCD) generally bounded by Interstate 95 right-of-way and Military Trail to the West, the Winchester Courts and Garden Woods residential developments to the North, Alternate AlA to the East, and PGA Boulevard to the South, as more particularly described herein, to allow the development of 240,000 square feet of office use and 600,000 square feet of light industrial use, including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels; providing for waivers; providing for conditions of approval; and providing an effective date. n 7 b. lStaff Report on Page 154, Ordinance on Page 216, Resolution on Pape 221) Ordinance 37, 2005 - (lst reading) The Pointe, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest comer of Military Trail and Interstate-95. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the Northwest comer of Military Trail and Interstate 95, as more particularly described herein, from a Professional Office (PO) zoning designation to a Planned Unit Development (PUD) overlay zoning designation with an underlying zoning of Professional Office (PO); amending the zoning district map; and providing an effective date. C 43 p Resolution 175 is a companion item to Ordinance 37,2005 and will require Council action at second reading. Resolution 175, 2005 -- The Pointe, approving the master development plan for the approximately 9.18-acre property located at the Northwest Comer of Military Trail and interstate-95. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 9.1 8-acre property located at the Northwest comer of Military Trail and Interstate 95, as more particularly described herein, to allow the development of 150,000 square feet of Professional Office space and a five-level parking garage to be referred to as “the Pointe PUD”; providing for waivers; providing for conditions of approval; and providing an effective date. 0 9 C. lStaff Report on Page 233, Ordinance on Page 301, Resolution on Page 306) Ordinance 32, 2005 - (2nd reading and adoption) Frenchman’s Yacht Club - Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast corner of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, from a Planned Development Area (PDA) Zoning designation to a Planned Community District (PCD) zoning designation with an underlying zoning of Residential Medium (RM); amending the zoning district map; and providing an effective date. e 5-d’ Resolution 152,2005 is a companion item to Ordinance 32,2005 and will require Council action. Resolution 152, 2005 - Frenchman’s Yacht Club - Master Plan Approval. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for the approximately 14.54-acre property located at the Southeast comer of Donald Ross Road and Prosperity Farms Road, as more particularly described herein, to allow the development of 113 multifamily dwelling units and 9,990-square feet of ancillary officehetail space for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing for waivers; providing for conditions of approval; and providing an effective date. Go Resolution 162,2005 is a companion item to Ordinance 32,2005 and will require Council action. 9 : 3d {Staff Report on Page 317, Resolution on Page 343) Resolution 162, 2005 - Frenchman's Yacht Club - Expanding PCD boundaries. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development rder of the Frenchman's Creek Development of Regional Impact (DRI) and lamed Community Development (PCD); amending the master development plan X. XI. p.04 XII. XIII. XIV. to allow for the incorporation of a conversion matrix to permit the conversion of commercial to residential uses and vice versa; allowing the development of up to 120 additional residential units; modifying the boundaries of the DRI/PCD to incorporate a six-acre parcel adjacent to the subject DRI/PCD and located at the Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Frenchman's Creek Property Owner's Association, Inc., Frenchman's Marina Resort, Ltd., and Avatar Properties, Inc.; and providing an effective date. /Staff Report on Page 349, Resolution on Page 351) Resolution 169, 2005 - Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing an effective date. @staff Report on Page 356, Resolution on Page 373) Resolution 163, 2005 - Art in Public Places for Mirasol Town Square. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for Mirasol Town Square, which is within the Mirasol Planned Community Development (PCD) located on the Northwest corner of the intersection of PGA Boulevard and the Florida Turnpike, as more particularly described herein; providing for conditions of approval; and providing an effective date. RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. 7 In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ~~~~~ ~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print -< -- j 6 ~ 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 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. 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: 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 I’ I” Please Print Name: ./J J I 1’ Address: 6 c- (1 q --Qfl ]yg/ /) ,fpL - i/( q \.J --=&-, i Subiect: A ~~~~ ~ 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 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: f Gq I / City: pG F Members of the public may address the City Council during the ccComments 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: JyL----- I. &&&wL & y/, // (7 / ,- f’ I;; ‘ I- //xi!? Address: /b t( 1 *’ /‘ 1 LY , 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 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. , 1 ., , 4‘ I Name: 130 -- I ,’ *) [ Lh. ,:‘ ...- ,*...”A / -u 1 \ (’ I -I ‘5 ,’; jC8’ i Address: , ,- - f City: ;<? ‘ *^ J‘ _-- .i Subject: 3, a , b 3 !, ‘ - / 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: Od IS +ME I /1// !\A c Address: QllL t?l t JUT city: ft‘~\h\ f-k b! . - >! I> 3 (-\$ t , p-‘ P Subject : r&??dGWM4Jr flAR1dvt Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 12/01/05 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: Under City ManaPer ReDort: 1. Update on the Northlake Boulevard Task Force 2. Resolution 183,2005 - Ratifjing Resolution 124,2005 - Charter Review Committee. Under Part JI - Ouasi-iudicial Public Hearing: 1. Resolution 163,2005 - Art in Public Places for Mirasol Town Square. The petitioner has requested a postponement until December 15,2005. A copy of the letter was contained in the agenda packet. UnderPartII - 0 uasi-iudicisl Resolution 166,2005 (CornDanion item to: Ordinance 34, 2005 on for 2nd reading and adoption. PGA Corporate Center (&a "Parcel 5A") These proposed changes are made to this resolution as a result of negotiations between the petitioner and staff relating to the conditions of approval. Co~ies have been movided for each Councilmember and staff wiIl address these changes when the iiem is presented Resolution 162,2005 - Companion item to: Ordinance 32,2005 and Resolution 152,2005. Frenchman's Yacht Club Expanding PCD Boundaries. This Resolution requires City Council action prior to taking any final action on Ordinance 32,2005 and Resolution 152, 2005. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 1,2005 Meeting Date: December I, 2005 Resolution 183,2005 SubjectlAgenda Item: Resolution 183, 2005 - Ratifying an Amendment to Resolution 124, 2005 which Created the 2005 Charter Review Committee. [XI Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: / City Attorney Finance Ad mini st rat or Submitted by: 7 Department Director City ban'ader Originating Dept.: / Christine Tatum City Attorney w Advertised: NIA Date: Paper: / [ X 3 Not Required Affected parties [ ] Notified t [X ] Not required e- costs: $ / (Total) Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved ]Approved w/ con d i tions ] Denied ] Continued to: Attachments: Resolution 183, 2005 [ ]None Date Prepared: December 1,2005 Meeting Date: December I, 2005 Resolution 183,2005 BACKGROUND: At the Council meeting on August 18,2005, the City Council adopted Resolution 124,2005, creating the 2005 Charter Review Committee consisting of seven members. At the Council meeting on November 17,2005, Council approved a motion to amend Resolution 124, 2005 to add two additional members to the Charter Review Committee, appointing nine members to the Committee. STAFF RECOMMENDATION: Approve Resolution 183,2005 ratifying an amendment to Resolution 124,2005 which created the 2005 Charter Review Committee. Date Prepared: December 1,2005 7 1 2 RESOLUTION 183,2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 amend Resolution 124, 2005 to add two additional members to the Committee; and 18 19 WHEREAS, on November 17, 2005, the City Council appointed nine (9) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION 5. Membership. 37 38 I 39 40 41 42 43 44 45 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RATIFYING AN AMENDMENT TO RESOLUTION 124, 2005 WHICH CREATED THE 2005 CHARTER REVIEW COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 18, 2005, the City Council adopted Resolution 124, 2005, creating the 2005 Charter Review Committee; and WHEREAS, Resolution 124, 2005 provided that the Committee would consist of seven (7) regular members; and WHEREAS, on November 17, 2005, the City Council approved a motion to members to the Committee; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to approve this Resolution formally ratifying the vote taken on November 17, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The amendment to Section 5 of Resolution 124, 2005 approved by motion on November 17, 2005, is hereby ratified as set forth below: (a) The committee shall consist of sewwnine regular members. (b) Members of the committee shall have knowledge of municipal functions, municipal charters, the Florida Constitution, and the Florida Statutes pertaining to municipal law. Appointments shall be made by the City Council based on experience and interest. There shall be no residency requirement to serve on this Committee. SECTION 3. This Resolution shall become effective immediately upon adoption. a% T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 1,2005 Resolution 183,2005 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER LEVY CO U N C I LM E M B E R VAL E C H E COUNCILMEMBER BARNETT AYE NAY ABSENT \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Cha~er review committee - amended-reso 183 2005.doc 2 Proposed Changes to Resolution 166, 2005 11/29/05 4. The Applicant shall provide vehicular connections between sites, where appropriate and feasible, to the satisfaction of the Growth Management Administrator and City Engineer, so that vehicles parked within the site that wish to access RCA Center Drive may do so without having to utilize Kyoto Gardens Drive. (Planning & Zoning) 12. By _______ (sixty (60) days from the date of this approval), the Applicant shall submit a landscape plan, to the satisfaction of the City Forester, for (1) the supplemental landscaping within the ten (10) acre preserve and the landscape buffer on the north side of Kyoto Gardens Drive; and (2) the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property; (3) the western road shoulder of Alternate A1A from PGA Boulevard to the northern boundary of the Property; and (4) the Alternate A1A median from PGA Boulevard to Kyoto Gardens Drive. (City Forester) 16. The Applicant, its successors, or assigns shall be responsible for the maintenance of the landscaping within (1) the portion of Kyoto Gardens Drive from Military Trail to Alternate A1A; (2) the portion of RCA Center Drive extending from Kyoto Gardens Drive to the northern boundary of the RCA Center PUD located to the south of the Property; (3) (2) the western road shoulder and one-half (1/2) of the median of Alternate A1A from PGA Boulevard to the northern boundary of the Property; and (3) (4) the northern road shoulder and one-half (1/2) of the median of PGA Boulevard from Alternate A1A to Interstate 95. (City Forester) 17. The landscaping within the road shoulder and medians of Kyoto Gardens Drive and RCA Center Drive located within the Property, as well as the portion of RCA Center Drive extending from the Property to the northern boundary of the RCA Center PUD located to the south of the Property, shall be completed when the construction of said roads are accepted by the City. The landscaping within the western road shoulder of Alternate A1A from PGA Boulevard to the northern boundary of the Property and the Alternate A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed within six (6) months of the issuance of the first clearing permit for an individual parcel within the PCD. (City Forester) 25. Within 120 days from Prior to the issuance of each building permit for vertical construction for an individual parcel, the parcel shall be replatted. (City Engineer) 35. Whenever possible, All development application submittals made to the Growth Management Department for the individual parcels within the PCD shall include both electronic and hard copies of all documents submitted to the satisfaction of the City Engineer, City Forester, and Growth 2 Management Administrator. Notwithstanding the foregoing, CAD files of the areas designated on a site as open space shall be included in all development submittals to the satisfaction of the City Forester. (City Engineer) New Condition: Any office space within an individual parcel that is ancillary to a principal industrial use on the parcel shall be limited to a maximum of 40% of the square footage on site in order to be classified as being ancillary to the industrial use. Any office space beyond said threshold shall be required to count towards the office use on site. (Planning and Zoning) December 01,2085 City Council Meeting Palm Beach Gardens Dear Mayor Russo. As the representative for Garden Woods on the matter of the Kyoto Drive railroad crossing I would like to ask for your help. It seems that the City is planning to open the Kyoto Drive railroad crossing regardless if a quiet zone is authorized by the Federal Railroad Administration or a wayside horn is installed at the crossing. The residents of Garden Woods would have more train whistle noise than they had with the PGA Btvd railroad crossing, in the range of 15 to 20 more decibels for a total of 80 to 100 decibels. Due to the risk index with no train horn blowing, I doubt that the Federal Railroad Administration will accept a 24 hrs quiet zone for the Kyoto Drive railroad crossing. The Florida East Coast Railway southbound train engineer will not have adequate horizontal sight distance due to the Flyover SW ramp and the end of tracks curve just before the crossing, therefore leading to accidents. I believe that a wayside horn is the best solution for that critical railroad crossing when the Federal Railroad Administration Emergency Order nr 15 has been rescinded for the Florida East Coast Railway. Since Mr Merritt from the Florida Department Of Transportation prefer a wayside horn corridor I believe Hood road and Rca Bhd should be included in the project in order to obtain the Florida Department Of Transportation wayside horn grant. Until the noise Droblem is resolved for the Kvoto Drive railroad crossing. the applicant for parcel SA would still have access to Military Trail to the west and PGA Bkd throueh Da rcel SB to the east. - Garden Woods only has a promise from the City to explore st quiet zone or a wayside horn for the Kyoto Drive railroad crossing. I personaliy come to you with a fair request to settle the still pending City/FDOT case. I would like to ask the City Council not to make a final decision to night on the status of the Kyoto Drive railroad crossing and I would appreciate to have a meeting with City Officials and 2 Garden Woods residents as soon as possible. Sincerely, n Roger Blangy Hfpfl 11658 Hemlock Stdet Palm Beach Gardens F133410 B s J 3 d .c, 1 11/82/2885 81: 29 5616248836 MATHISMJ 8259 North Military Trail, Suite 11 Palm Beach Gardens, Ftorida 3341 0 October 28,2005 -- Planning & Zoning Department, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens. Florida 33410 To Whom It May Concern: Subject: Petition PUD-05-07-000004: The Pointe PUD. The Directors of Winchester Courts Homeowners’ Association, Inc., and interested unit owners have held meetings with Stcvc Mathison and the project team for The Pointe office complex proposed to be built on the land to the west of our community. We have reviewed the plans for The Pointe prepared by Urban Design Studio, planner, and OGS&P Architects, architect, The Association supports The Pointe as designed by Urban Design Studio and OGS&P and appreciates the attention given to our community concerning the design process. Sincerely, .- Don Gibson. Winchester Courts Homeowners’ Association, Inc. Rod Committee fi3mhaw PAGE 02/02 . n 0 3 v) Q) u k m 0 c c 3 5 a k Q) E W c, Q) a k 0 a k c, 5 5 a n E 0 a 0 a a a E a. W E a cd .rl c, .rl 2 a E I In 0 0 N m Q) a E a 9 wh x .rl 8 e . m a * a. E 9 E a k Q) z c, Lz k Q) E c, 5 ab c, cd k 0 a ;r, s 5 a I v) 0 0 N \o rl E 0 7 0 \on ow c, m m 2 e bk E E 0 N .rl 2 5 s s B I 9 7 u m n E A u E Q) tl s n E 0 a a a E a W E a Q) h a E I v) 0 0 N m Q) a E a .rl c, % 9 N" x .rl 8 e m a * 0 k a 9 E a k Q) z c, Lz I 9 7 5 s s i tl u m h E A u E Q) I In 0 0 N v) E 0 7 0 Nh rl .rl c, m m $ . m Q) .rl k a a E 7 0 9 n u a W E a E a a I 9 7 OH 2 a 2 s : u m n E A 0 E Q) tl I v) 0 0 F4 \o rl E 0 1 0 N" OH c, m m 2 e &e Q) m E$ oa h c, 3 5 Q) 0 c, c, .rl Q) + W a E a e k a u a 1 0 ., c, M a % cp Q) a Fn^ E m c, : E s c, c, ., Lc k 0 0 A B 6! '6 c, m k 0 E E a2 + Q) WJ $ .rl 3 h 2 c, m Q) c, 0 c, E a a rn 100 Sabal Ridge Circle Palm Beach Gardens, Florida 334 18 October 5,2005 Planning & Zoning Department, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 To Whom It May Concern: Subject: Petition PUD-05-07-000004: The Pointe PUD. The Directors of Sabal Ridge Condominium Association, Inc., and interested unit owners have held meetings with Steve Mathison and the project team for The Pointe office complex proposed to be built on the land to the south of our community. We have reviewed the plans for The Pointe prepared by Urban Design Studio, planner, and OGS&P Architects, architect. The Association supports The Pointe as designed by Urban Design Studio and OGS&P and appreciates the attention given to our community concerning the design process. Doris Semon. Director, Sabal Ridge Condominium Association, Inc. His dUe”It4wt * TPs on the Legislation encouraging the burying of H.R. 4286 - introduced by Representative E. Clay Shaw, Jr. (Rep. Robert Wexler is a cosponsor) In the days and weeks following Hurricane Wilma, millions of residents in South Florida were once again left without power, many for an extended period of time. While the storm hit on October 24, 2005 reports as of November 5, 2005 show 390,000 people still without power. 0 Much of the outages following hurricanes results from wind damage. By burying power lines, thousands, if not millions of people will retain power during these critical times. In addition businesses and government agencies will be operational sooner following the storms. 0 Currently the cost of power lines placed into service after April 11 , 2005, must be depreciated over a 15-year period. Lines placed in service prior to April 11, 2005, must be depreciated over a 20-year period. 0 This legislation would allow a utility to immediately expense the burying of power lines that replace existing suspended power lines. By allowing utilities to immediately deduct this cost, this legislation would dramatically reduce the cost of replacing suspended power lines with buried power lines. 0 By reducing the upfront cost of replacing these lines, this legislation would provide a significant incentive to burying power lines in disaster prone areas. This will not only ensure that more home owners, businesses, and government agencies keep power during storms, but will also reduce the cleanup and replacement cost following the storms. j - TPs for the “Hurricane Wilma Taxpayer Relief Act of 2005” H.R. 4334 - Introduced by Representatives Shaw and Foley with 16 bipartisan members of the FL delegation Allows full deductibility of personal casualty losses. Under current law, individuals who itemize their deductions may deduct personal casualty losses to the extent losses exceed 10 percent of adjusted gross income and a $100 floor. The proposal waives the 10 percent and $1 00 floors, thus allowing individuals to fully deduct their losses. Waives 10 percent tax on early distributions from IRAs and pensions for individuals affected by the hurricane. In general, distributions from IRAs and pensions are subject to a 10 percent penalty if distributions are made before a certain age. The penalty is intended to discourage individuals from withdrawing funds that are needed for retirement. To ease the financial burden faced by many families in the disaster area, the proposal allows eligible individuals to withdraw a maximum of $100,000 from their IRAs and pensions without paying the 10 percent penalty. Individuals eligible for the waiver may pay income tax on the distribution over three years. Income tax is not due if the distribution is repaid to the account within three years. The proposal also increases the limit on loans from pension plans from $50,000 to $1 00,000. 0 Provides a longer period of time to replace damaqed property without incurring tax. Under current law, insurance proceeds are not taxable if the proceeds are inyested in replacement property within two years (with respect to damaged businessprpperty) or four years (with respect to damaged principal residences in Presidentially-declared disaster areas). The proposal increases the reinvestment period to five years as long as the replacement property is located within the disaster area. 0 Encourages cash donations by corporations. The Katrina Emergency Tax Relief Act of 2005 (P.L.109-73) waived the 10 percent income limitation for cash donations related to Hurricane Katrina, if the donations are made before January, 2006. This bill would extend that same waiver to donations related to Hurricane Wilma through January, 2006. (The cap on individual donations has been lifted for the same period of time and remains in effect as a result of P.L. 109-73.) 0 Outlook - Mr. Shaw has been in constant discussions with the Chairman Bill Thomas of the House Ways and Means Committee as well as Sen. Martinez on the Senate side who has been working with Chairman Charles Grassley of Senate Finance Committee. The Senate chose to include hurricane relief in their tax reconciliation bill. The provisions extended to Wilma largely reflected to provisions introduced within H.R. 4334. (see included Press release from Sen. Martinez office.) The House will likely pass our tax reconciliation bill in early December. There will then be a conference where Mr. Shaw will advocate provisions, such as currently contained in the Senate bill, be included in the final legislation. Final timing of the bill is likely to be December or January. TPs on The Homeowners’ Insurance Protection Act H.R. 4366 - Introduced by Reps. Ginny Brown-Waite (member of the Financial Services Committee where the bill is referred) & Clay Shaw (chairman of the Florida delegation) 0 Establishes a National Cat fund with coverage for losses covered by a state catastrophe fund, including but not limited to earthquakes and ensuing losses, tropical cyclones, such as hurricanes, tornados, and volcanic eruptions. 0 Private insurers will be responsible for losses covered under the insurance contract up to an amount that is determined on a state-by-state or regional basis. Next, the state catastrophe fund will pay losses up to its funding capacity. Again, this is a state-by-state or regional analysis. 0 Coverage from the federal fund, in the form of reinsurance, would be sold to state funds at actuarially sound and self-sufficient rates in yearly contracts, and would only be available if the state adopts mitigation and prevention standards, to include effective building codes and enforce men t . 0 States are required to set aside a minimum of $10 million and a maximum of 35% of invested income of the catastrophic fund for prevention and mitigation. 0 Once private insurers and the state catastrophe fund have paid their retained levels, money would be paid to the state fund per the terms of the reinsurance contract sold by the federal Fund. 0 If, and only if, both private insurer and state CAT fund obligations are met, federal money would be available for a 150 year event, up to a 1500 year event. This federal backstop would cover 90% of eligible losses; in other words, the states would have e a 10% co- insurance “deductible.” This way, the states always have economic incentive to mitigate and prevent losses, even if federal reinsurance is paid. 0 The aggregate liability of the federal fund is $200 billion per contract year. 0 The bill was introduced on November 17, 2005, one day before recess but is being shopped over the recess on a bi-partisan basis and in an effort to demonstrate broad regional support.