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HomeMy WebLinkAboutAgenda Council Agenda 081604City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Mayor Castro Vice Mayor Russo Vice Mayor Balius Council Member Delgado Commissioner Garretson Commissioner Carey Council Member Levy Commissioner Daly City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16, 2004 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IV. PUBLIC HEARING PART I – QUASI-JUDICIAL a. Ordinance 16, 2004 – Target Rezoning and Site Plan Review. (Lake Park) b. (Staff Report on Page 5, Ordinance on Page 69 )_Ordinance 30, 2004 – Target Rezoning and Site Plan review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 8.29-acre portion of a 19.12-acre parcel of land, located on the Southeast corner of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, from a zoning designation of Research and Light Industrial Park (M1) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-1); and providing an effective date. Resolution 135, 2004 is a companion item to Ordinance 30, 2004 and will require Council action at second reading. (Resolution on Page 73 )_Resolution 135, 2004 – Target Rezoning and Site Plan review. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza East at the 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly herein, to allow for a 131,839 square-foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. THE CITY COUNCIL AND TOWN COMMISSION WILL VOTE SEPARATELY AT THE CONCLUSION OF THE HEARING. PURSUANT TO INTERLOCAL AGREEMENT, THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPMENT ORDER AT A JOINT MEETING. V. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799- 4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955- 8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. IV. PUBLIC HEARING PART I – QUASI-JUDICIAL a. Ordinance 16, 2004 – Target Rezoning and site plan Review (Lake Park) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 11,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Subject/Agenda Item: Ordinance 30,2004 & Resolution 135,2004: Target Planned Unit Development (PUD) (a.k.a. Northlake Square East) Public Hearing and First Reading: A request by Urban Design Studio, agent for Northlake Square East, Joint Venture, for a rezoning from Research and Light Industrial Park to Planned Unit Development (PUD) Overlay for 8.29 acres in the City of Palm Beach Gardens, and rezoning from Traditional Neighborhood District (TND) to PUD Commercial for 10.83 acres in the Town of Lake Park to allow for the development of a 13 1,839 square-foot retail building on a 19.12-acre site. The site is located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake [XI Recommendation for APPROVAL with conditions and six waivers 1 ] Recommendation to DENY Reviewed by: Planning and ZolL? Division Director Tala1 M. Benothma , City Attorney Christine Tatum Finance NIA AICP Administrato Charles K. Wu, AICP Approved By: Ronald M. Ferris Originating Dept.: Senior Planner Action: [ ] Quasi-judicial [ ] Legislative [ X ] Public Hearing ~~ Advertised: Date: 08/02/04 Paper: Palm Beach Post [XI Required [ ] NotRequired Affected Parties: -pK ] Notified [ ] Not Required FINANCE: NIA Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: NIA City Council Action: Approved App. wl conditions Denied Rec. approval Rec. app. wl conds. Rec. Denial Continued to: Attachments: Waiver Justification Interlocal Agreement 0 Site Plan Landscaping Elevations 0 Ordinance 30,2004 Resolution 135,2004 Date Prepared: June 1 1,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 2 of IO EXECUTIVE SUMMARY The attached staff report details a request by Urban Design Studio, agent for Northlake Square East, Joint Venture, to allow the development of a 13 1,839 square-foot retail building on a 19.12-acre site. The applicant is requesting approval of six (6) waivers, all of which staff is recommending approval (please refer to “Waivers” section of this report). In accordance with the Interlocal Agreement between the Town of Lake Park and the City, the applicant is required to submit an agreement for payment of fees to the City in-lieu of road, police and fire impact fees. Said agreement will be presented to the City Council at the second reading of Ordinance 30,2004. Staff recommends approval of the rezoning of 8.29 acres of the parcel fi-om Research and Light Industrial Park (MI) to a Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1) through adoption of Ordinance 30, 2004. Staff recommends approval of Resolution 135,2004, which approved the master site plan, waivers and conditions of approval for the Planned Unit Development (PUD), which should be considered at the second reading of Ordinance 30,2004. BACKGROUND The 19.12-acre subject site is located within two (2) separate municipal boundaries. Approximately 8.29 acres, or 43% of the site is within the City of Palm Beach Gardens, and approximately 10.83 acres, or 57% of the site, is within the Town of Lake Park. In February 2004, the City and the Town signed an interlocal joint development agreement to provide for a coordinated development review process, centralized permitting and code enforcement in order to develop the property in accordance with the land development regulations of both municipalities. As such, each municipality will review the application under its respective land development regulations. Each jurisdiction, however, shall take separate action regarding the development at jointly held meetings. Both the governing bodies of the Town and the City will jointly review the project, and both governing bodies will also jointly review and hold public hearings, but take final actions separately. The Town of Lake Park is responsible for leading the processing of all development applications of the site in accordance with the Interlocal Agreement. LAND USE AND ZONING The portion of the site within the City of Palm Beach Gardens is currently zoned Research and Light Industrial Park (MI), has a future land-use designation of Commercial (C), and is designated Commercial (C) on the Vision Plan. The site is within the “Central District” of the Northlake Boulevard Overlay Zoning District. The applicant is proposing to rezone the site to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). The Date Prepared: June 1 I, 2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 3 of IO proposed development is consistent with the future land-use designation, as identified in the City’s Comprehensive Plan. The zoning under the Town of Lake Park is currently Traditional Neighborhood District (TND), with a future land-use designation of Mixed Use CommerciaVLight Industrial. The applicant is proposing to rezone the parcel to a Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1). CONCURRENCY The applicant has received traffic concurrency from Palm Beach County; the build-out date for the project is December 3 1,2004. The subject site was granted conditional concurrency approval for 8 1,300 square feet of general retail and 14,000 square feet of restaurant use (high turn-over). The applicant has provided staff with an equivalency statement to convert the approved square footage to the uses proposed on the Planned Unit Development Site Plan. The equivalency is currently under review by the City’s traffic consultant. The applicant has reserved water and sewer capacity and waste management service for the site. PROJECT DETAILS Building Site The 19.12-acre site consists of a one-story 125,739 square-foot commercial / retail and a 6,100 square-foot garden center. The 33’ 4”- high building will be located at the southern end of the site, completely within the jurisdiction of the Town of Lake Park. The majority of the parking area (91% of the required parking) will be located within the portion of the site that lies within the City of Palm Beach Gardens. Site Access Vehicular access to the site is available by a two-way driveway off of Northlake Boulevard, and three two-way driveways off of Congress Avenue. Two median cuts, aligned with the two southernmost driveways, are proposed along Congress Avenue, providing access into the site from traffic heading south on Congress Avenue. Signane Three (3) project identification monument signs are being proposed for this project: two within the City limits and one within the Town limits. This is consistent with both the NBOZ Section 78-229 Table 5-6: Business Signs, which allow one monument sign per 300’ of linear frontage, and one additional sign for every 700’. The linear frontage of the project allows for three monument signs. Date Prepared: June 1 1,2004 Meeting Date: August 16, 2004 Ordinance 30,2004 & Resolution 135,2004 Page 4 of IO The first sign will be located immediately east of the Northlake Boulevard access driveway, the second monument sign is proposed on the south side of the access driveway off Congress Avenue closest to Northlake Boulevard, and the third monument sign is located on the south side of the Congress Avenue access driveway located approximately 370 feet south of the previous signage location. The applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to allow for additional wall signs on the building. The applicant has requested approval for five (5) wall signs in lieu of the maximum one sign per buildinghenant. The applicant is requesting three (3) major buildinghenant signs and two (2) tenant signs. The applicant is requesting a major tenant identification sign on the rear (south) elevation, side (west) elevation, and the front (north) elevation, as well as signage for the garden center and pharmacy on the front (north) elevation. In addition, the applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to allow more than the maximum ninety (90) square feet of sign copy area for the three Target wall signs. Finally, the applicant is requesting a sign waiver from LDR Section 78-285: Table 24, to allow thirty-two (32) inch letters in lieu of the maximum twenty-four (24) inch maximum letter height for tenant wall signs. Landscapinn/Bu ffering The applicant shall be responsible for the installation of landscaping, irrigation, and maintenance of the roadway shoulders and medians (pro-rata share) on Congress Avenue and Northlake Boulevard within six (6) months of the issuance of a land alteration permit. Landscape plans for the Northlake Boulevard median have been already prepared and approved through the Northlake Boulevard Corridor Task Force. The applicant shall be required to follow the approved plan. The applicant is proposing a twenty-foot (20’) landscape buffer along Northlake Boulevard, and a fifteen-foot (1 5’) landscape buffer along Congress Avenue on top of a 2’-3’ berm. The applicant is proposing an eight-foot (8’) buffer along the east and south property lines. Phasing The proposed project will be built in one phase, according to the applicant. Dra inane The project is located within the South Florida Water Management District (SFWMD) C-17 Drainage Basin. Storm water runoff from the site sheet flows to the soutWsouthwest into several low lying areas. The subject parcel lies within Federal Emergency Management Agency (FEMA) flood Date Prepared: June 1 1,2004 Meeting Date: August 16, 2004 Ordinance 30,2004 & Resolution 135,2004 Page 5 of 10 zone A8, which has a 100 year flood elevation of thirteen feet (13’) NGVD (National Geodetic Vertical Datum of 1929). Since the parcel is within the Special Flood Hazard Area (SFHA), the applicant shall be required to meet all applicable requirements of the City’s Floodplain Management Ordinance. All new non-residential buildings are required to have the lowest floor elevated to no lower than 0.5 feet above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. Buildings located in all A-Zones may be flood- proofed in lieu of being elevated. In addition, the applicant will be required to provide elevation certificates during construction and prior to issuance of the Certificate of Occupancy, per the City’s Floodplain Management Ordinance (Ordinance 1 , 2002). The existing lake along the south portion of the site was constructed to provide storage and treatment of the storm water runoff from Congress Avenue when it was extended from Blue Heron Boulevard to Northlake Boulevard. Two additional on-site wet retention lakes will be constructed to provide for additional storage and compensating floodplain storage. The proposed system will also include ex filtration trenches to provide the required dry pre-treatment. The outfall of the entire drainage system will discharge into the C-17 Canal. Parking The applicant meets the minimum parking requirements for the entire site. The entire project, based on the proposed square footage of the building and garden center, requires 528 parking spaces. The applicant is proposing 545 parking spaces, including eleven (1 1) handicap spaces. A waiver is requested to allow for a reduction in the width and length of each parking stall. Section 78-345 of the LDRs requires a 10’ X 18.5’ parking stall and the applicant is requesting a width of 9.5’ and a length of 16.5 (with a two-foot overhang) for all parking spaces. Design and Architecture The applicant has proposed a contemporary style of architecture to model the approved architecture of the project on the west side of the roadway, Congress Plaza West, which was approved by the City Council on January 8,2004. The applicant has utilized various architectural elements to beautify the building, such as: horizontal and vertical projections that provide depth and a varied roof line, fenestration, accent materials, and a tower theme that begins at the Northlake Boulevard entrance and continues to the building entrance. The applicant has provided elevations illustrating the architecture of the proposed building. [The remainder of the page intentionally left blank] Date Prepared: June 1 1,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 6 of IO Code Section Required Provided Waiver Recommendation 10’ x 18.5’ 9.5’ x 18.5’ .5’ support 18.5’ length overhang 2.5’ of pavement support Section 78-344( 1)( 1) Parking Stall and Bay Dimensions Section 78-344 (1) (l)(a) Parking Space Length Section 78-563 (e) Lake Encroachments Section 78-563 Lake Maintenance Easement 16.5’ with 2 foot landscape area Overlooks, Overlooks, sidewalks, arbors sidewalks, arbors Maintenance Easement No buildings, structures support 20’ 13’ 7’ support Section 78-285 Wall Sign 1 Sign Per Building 5 Signs 3 Signs support support support South - 144 Sq. ft South - 54 Sq. ft. North - 175 Sq. ft. North - 85 Sq. ft. Section 78-285 Sign Max. 90 square feet West - 144 sq. ft. East - 54 sq. ft. support Size Waivers * The Town of Lake Park variances not listed. The applicant has requested eight waivers from the Land Development Regulations and the justification statement for such waivers is attached for your review. 1) Parking Stall and Bay Dimensions: The applicant has requested a waiver from the minimum parking stall width requirement of ten (10) feet to allow nine and one-half (9.5) foot parking stalls. The code specifically requires a ratio of 1.5 square feet of additional open space for each square foot of parking area that is reduced. Code Requirement: Section 78-344 (1) (1) requires a minimum parking stall width of ten (1 0) feet. Staff Recommendation: The applicant has provided the calculations to demonstrate the justification for the waiver. Staff recommends approval of the waiver request 2 Parking Stall and Bay Dimensions: The applicant has also requested a waiver from the minimum parking stall length requirement of eighteen and one-half (1 8.5) feet to allow sixteen and one-half (16.5) foot parking stalls for parking spaces with a two foot overhang. Code Requirement: Section 78-344 (1) (1) requires a minimum parking stall length of eighteen and one-half (1 8.5) feet. Date Prepared: June 11,2004 Meeting Date: August 16, 2004 Ordinance 30,2004 & Resolution 135,2004 Page 7 of 10 Staff Recommendation: The proposed parking space design meets the intent of the 18.5-foot Code requirement as a two (2) foot vehicular overhang is being provided independently of the 16.5-foot parking space. As demonstrated in the applicant’s waiver justification attached hereto, the applicant has provided above the additional open space required to allow for a reduction in the pavement area. This waiver request is consistent with several other projects within the City and allows for more landscaping and open space on site. Staffrecommends approval the waiver request. 3) Lake Maintenance Easement: The applicant is proposing a landscaping and trellis feature within the proposed Lake Maintenance Easement (LME). Code Requirement: Section 78-563 Lake Maintenance Easements, prohibits encumbrances with the 20 foot lake maintenance easements. Staff Recommendation: The applicant is proposing a significant amount of landscaping within the lake maintenance easements for aesthetics purposes. The applicant has provided a design for the lake maintenance easements that includes landscaping while still providing access to the lakes in strategic locations. Staff believes that the proposed design of the landscaping within the lake maintenance easements will benefit the site aesthetically and will not impede the maintenance of the lakes. Staff recommends approval of the waiver request. 4) Lake Maintenance Easement: The applicant is proposing a thirteen-foot Lake Maintenance Easement (LME). Code Requirement: Section 78-563 Lake Maintenance Easements, requires a 20-foot lake maintenance easements. Staff Recommendation: The applicant is proposing a reduced width for the lake maintenance easements surrounding the lakes adjacent to Northlake Boulevard. The applicant has provided a design for the lake maintenance easements that includes landscaping while still providing access to the lakes in strategic locations. Staff believes that the proposed reduction of the width of the lake maintenance easements will not impede the maintenance of the lakes. Staff recommends approval of the waiver request. 5) Signage: The applicant is requesting approval for additional wall signage for the north (1 sign), west (1 sign), and south (1 sign) elevations of the building. The applicant is proposing a total of three identification signs on the building. Code Reauirement: Section 78-285 Signage, allows a maximum of one sign for a principal tenanthuilding identification sign. Date Prepared: June 1 I, 2004 Meeting Date: August 16, 2004 Ordinance 30,2004 & Resolution 135,2004 Page 8 of IO Staff Recommendation: The applicant is proposing three major tenant identification wall signs for placement on three of the building elevations. On the north elevation (front), the applicant is proposing one sign: a 175 square-foot wall sign, which includes a logo. On the west elevation (right) and the south elevation (rear), the applicant is proposing identical signage: a 144 square- foot logo. In staff s professional opinion, signage on elevations visible from adjacent rights-of- way is justifiable; therefore, staff recommends approval of the proposed signage. Signage: The applicant is requesting a waiver from the maximum signage area for wall signs. Code Requirement: Section 78-285 Signage, allows a maximum area for wall signs of ninety (90) square feet. Staff Recommendation: The applicant is proposing an increase in the area of the wall signs in order to provide a better proportion in size of the signage to the size of the building. Staff supports the increase in the area for the three major tenant signs. Staff recommends approval of the waiver for the sign (logo) on the west elevations and the major tenant (Target) sign and logo on the north elevation. CEPTED Compliance Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime prevention, which has its basic premise that the physical environment can be changed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the site plan and has provided staff with several comments pertaining to security on site and adherence to the principles of Crime Prevention Through Environmental Design (CPTED). These comments have been incorporated as conditions of approval in the development order. PAYMENT IN-LIEU-OF IMPACT FEES In accordance with the Interlocal Agreement between the Town of Lake Park and the City, the applicant is required to submit an agreement for payment of fees to the City in-lieu of road, police and fire impact fees. Said agreement will be presented to the City Council at the second reading of Ordinance 30,2004. PLANNING, ZONING & APPEALS BOARD RECOMMENDATION On June 8,2004, the Planning, Zoning & Appeals Board held ajoint public hearing with the Town of Lake Park and recommended approval to City Council with a vote of 5-0. The general consensus of the Planning, Zoning & Appeals Board was that the applicant had made Date Prepared: June 1 1,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 9 of IO great efforts to address the concerns regarding the architecture, site planning, and requested waivers in order to present a project acceptable to both jurisdictions. STAFF RECOMMENDATION Staff recommends APPROVAL of the rezoning of the parcel from Research and Light Industrial Park (MI) to a Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1) for the 8.29 acres within the City of Palm Beach Gardens through adoption of Ordinance 30,2004. Staff recommends APPROVAL of Resolution 135, 2004, with six waivers and conditions of approval based on the following findings of fact: 0 0 The applicant has met the intent of the City’s Comprehensive Plan; The applicant has met the intent of the City’s Land Development Regulations; The applicant has met the intent of the Northlake Boulevard Overlay Regulations; and The proposed development is compatible with the adjacent existing and future land uses. Date Prepared: June 1 1,2004 Meeting Date: August 16, 2004 Ordinance 30,2004 & Resolution 135,2004 Page 10 of 10 TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS 1 C1 Business District II EXIS I ZONI I L USE I Commercial (C) Subiect Property Research and Light Industrial Park II VacantNndeveloped (MI) -. Commercial (C) - +860’ Yes +36’ Yes - +107’ Yes &I& Applebee’s Restaurant, Pep Boys Auto Shop, Walgreens, & Pol10 Tropical Rear 15’ Maximum Building Height 36’ + architectural features per 178-184 of LDlU55’NBOZ Maximum Lot Coverage 35% General Commercial (CG-1) - +380’ Yes 33’ 4” Yes 15.8% Yes Commercial (C) Parking 528 spaces Parking stall width 10’ X 18.5’ Mixed Commercial & Light Industrial (MC/LI) (Town of Lake Park) Business District (C2) (Town of Lake Park) south Vacant Land (Town of Lake Park) 545 spaces Yes 9.5’ X 16.5’ No - waiver requested Northlake Square West 3 East K-MzPlaza Planned Unit Development (PUD) with an underlying General Commercial (CG-1) zoning desi nnation Commercial (C) TABLE 2 CONSISTENCY WITH THE CODE Minimum Building Setbacks: Front 50’ Side 15’ Side (Street Facing) 40’ Open Space 15% or .88 AC I 47% I Yes Bicycle Spaces 27 spaces I I Yes 27 spaces Number Monument Signs 3 I 3 I Yes urban WAIVEWARIANCE REQUESTS AND JUSTIFICATION STATEMENTS NORTHLAKE SQUARE EAST a.k.8. TARGET STORE PARCEL 34.01 East S.E. Corner Congress and Northlake Boulevard Revised September 2gth, 2003 Revised February 24,2004 Urban Design Urban Planning July 11,2003 Land Planning Landscape Architecture For your review and information are the waiver requests and justification statements for the submitted site plan with the reflected code references: 1. Minimum Parking Dimensions (PBG Section 78-344 (1M) a. and LP Section 32-86) We are proposing to reduce the width of the required parking space from 10 feet to 9.5 feet throughout the entire parcel. The request is made to allow for greater green space and landscape areas. As this site serves as the entry to Palm Beach Gardens, heading north on Congress and the Town of Lake Park heading south, the site is designed to create a greater sense of place and maximizing green space is consistent with that goal as well as the code 1 requirement. An alternate ten foot spaces plan will be provided as required. 2. Ten Parkiw Spaces in a Row (PBG Section 78-315 (b.)) We are requesting a waiver to allow 10 parking spaces in a row. This waiver permits better site utilization. By allowing 10 spaces in a row, the parking layout is more efficient and maximizes parking spaces based on the property dimensions and project requirements. We are showing 10 parking spaces in a row in limited areas. In the areas with 10 spaces in a row, we either provide landscape diamonds or a landscape strip in order to provide additional landscaping. We are also requesting a waiver fiom Lake Park to reduce the required number of parking spaces as their code requires 5 spaces per 1000 square feet of use. It is requested that the ten spaces in a row be permitted in limited areas to take advantage of individual spaces that result fiom the linear nature of the site while maintaining symmetry of the overall design. Based on the NBOZ, the landscape islands are a minimum of 8' in wide which is 3' wider than the Palm Beach Gardens code requirements. Pavers and interconnected pedestrian walks with site amenities also serve to minimize the impact of this request. We believe that having 10 parking spaces in a row provides a more efficient and aesthetically pleasing design while attempting to addressing the NBOZ and Lake Park Code provisions. G:Uobs\Target PBG-Lake Park\ApplicationInformation\waive1justOZZ404.~~d Lcc35 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 Waiver List ’ February 24,2004 Page 2 3. Elimination of wheel stop Section 32-86 f. 5. fPBG S ction 78-344(e), NBOZ Article IV E. 4 and LP This waiver request is to allow the internal parking bays to be constructed without wheel stops. The applicant is very concerned about the liability associated with the use of wheel stops. Wheel stops have been the subject of numerous lawsuits. They also inhibit the proper maintenance of parking areas by restricting fi-ee access for cleaning and re-surfacing. Interpretation of this section of the code indicates that the use of these “parking control devices is to avoid encroachment into landscape areas or avoid encroachment of parked cars into travel aisles or pedestrian facilities.” The proposed site plan provides all internal landscape areas with protective curbing as required by code. The internal parking bays are located in areas which do not conflict with either travel aisles or pedestrian facilities, therefore, we feel that the parking spaces meet the intent of the code in this regard. 4. Parkinp Space Lenpth (PBG Section 78-344UMl)a. and Section 78-344(1)(3), LP - Section 32-86 Table 32-86-1, Minimum parkinp Bav dimensions This waiver is being requested to reduce the paved area of parking space from 18.5’ to 16.5 with an overhang including the curb and two feet of landscape. Section 78-344(1)(1)a - states that a standard parking space is a minimum of 10’ by 18.5’. Section 78-344(1)(3) - states: “Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved ..... unless approved by the city engineer ...” Approval of this waiver will not adversely affect the functionality of the parking spaces but does improve the functionality of the stormwater system and the design of the property. It allows for a greener development. The additional open space is not needed to meet the open space requirements. /I 5. Lake Maintenance Easements (Section 78-563) reduction in easement The applicant is requesting a waiver from Section 78-563(d) minimum dimensions of lake maintenance tract shall be at least 20 feet wide. We are proposing a minimum of a 13 foot wide lake maintenance easement. The reduction in width will allow for greater flexibility in designing this constrained site including enhancing landscaping opportunities while still providing adequate access to the lakes. The applicant will work with the city engineer to ensure acceptable accessibility to the lakes. 6. Number of reauired Darkin? maces (LP - Section 32-86, Schedule Section 32-86-11 The applicant is requesting a variance from Section 32-86-1 required parking spaces. The Town of Lake Park code requires 5 parking spaces per 1,000 square feet based on the gross floor area. The proposed Target Store is 13 1,839 square feet, based on this requirement 660 parking spaces would be needed. We are proposing on the site plan 542 parking spaces. The ! 0:UobATarget PBG-Lake Park\ApplicationInfonna1ion\waiverjwf022404.~ mc35 Waiver List February 24,2004 Page 5 enhances the landscaping and pedestrian amenities beyond code requirements to create a sense of place. The granting of these requests have no adverse impact to adjacent uses. These requests are not based on economic reasons. These requests do not create any incompatibility with existing or potential land uses adjacent to the site. These requests are consistent with previous action taken by the city and are not detrimental to the public health safety and welfare. GVobs\Target PBG-Lake Park\ApplicationInfonnation\waivequ~tO22404.~pd LCC35 Waiver List February 24,2004 Page 6 Waiver List 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Minimum Parking Dimensions (PBG Section 78-344 @)(I) a. and LP Section 32-86) Ten Parking Spaces in a Row (PBG Section 78-315 (b.)) Elimination of wheel stops (PBG Section 78-344(e), NBOZ Article IV E. 4 and LP Section 32-86 f. 5. Parking Space Length (PBG Section 78-344(1)(1)a. and Section 78-344(1)(3), LP - Section 32-86 Table 32-86-1, Minimum parking Bay dimensions Lake Maintenance Easements (Section 78-563) reduction in easement. Number of required parking spaces (LP - Section 32-86, Schedule Section 32-86-1) Additional Wall Sign (PBG Section 78-285- Table 24 and NBOZ Section 78-229 Table Maximum Size Signage (Square footage) (PBG Section 78-285- Table 24 and NBOZ Section 78-229 Table 5-6) ' Maximum Sign Size (letters) (PBG Section 78-285- Table 24). Lake Maintenance Easement Encroachment (Section 78-563(e)) Increase in tree spacing (LP Section 32-146 (h) (2)) Increase in percentage of sod allowed (LP Section 32-146 a (1) 5-6) G:Wobs\Target PBG-Lake Park\Applicationlnfomation\waivejust022404.wpd LCC3S .. . .- . . .. . Date Prepared: January 22,2004 1 RESOLUTION 170,2003 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL 6 AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE 7 CITY OF PALM BEACH GARDENS FOR THE JOINT 8 DEVELOPMENT REVIEW OF A PARCEL OF LAND LOCATED AT 9 THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND 10 CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED 11 HEREIN; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Palm Beach Gardens and the Town of Lake Park wish to 15 enter into a contract for joint development review of a parcel of land located at the 16 southeast corner of Northlake Boulevard and Congress Avenue; and 17 18 WHEREAS, the lnterlocal Agreement establishes a process for review, 19 permitting, code enforcement, and the provision of public services for the subject parcel, 20 as more particularly described herein; and 21 22 WHEREAS, the objective of the Interlocal Agreement is consistent with the intent 23 and regulations of the Northlake Boulevard Overlay Zoning District; and 24 25 WHEREAS, the Growth Management Department has recommended approval of 26 the Interlocal Agreement; and 27 28 WHEREAS, such agreement has been prepared and is attached hereto. 29 30 31 32 33 34 35 36 SECTION 2. The City Council hereby accepts and approves the Interlocal 37 Agreement between the City of Palm Beach Gardens and the Town of Lake Park for the 38 joint development review of a parcel of land located at the southeast corner of Northlake 39 Boulevard and Congress Avenue, as more particularly described below, and hereby 40 authorizes the Mayor and City Clerk to execute the Agreement: 41 42 LEGAL DESCRIPTION 43 44 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, 45 TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 46 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. \ r Date Prepared: January 22,2004 Resolution 170, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01'19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01'19'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00 BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01'19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF A DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80'09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS 8,764.37 FEET, A CENTRAL ANGLE OF 05"05'48" AND A RADIAL BEARING OF NORTH 81'31'35" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FFET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03'53'23" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8,679.37 FEET, A CENTRAL ANGLE OF 00'50'05" AND A RADIAL BEARING OF NORTH 88'07'1 7" WEST; THENCE NORTHERLY ALONG THE ARC OF POINT OF TANGENCY; THENCE NORTH 01'02'37" EAST ALONG SAID EAST SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 FEET TO A RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12'21'13" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01'02'37'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A 56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE DISTANCE OF 281.03 FEET; THENCE NORTH 46"05'27" EAST A DISTANCE OF BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH FEET TO THE POINT OF BEGINNING. 88'26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 SECTION 3. This Resolution shall take effect immediately upon adoption. Date Prepared: January 22,2004 Resolution 170,2003 1 PASSED AND ADOPTED this fl day of %aut ,2004. 2 3 1 2, 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 12 8 4 ARDENS, FLORIDA 5 6- 7 --- . g " / L /- APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT J MAYOR JABLIN --- VICE MAYOR SABATELLO J-- J COUNCILMEMBER CLARK --- / COUNCILMEMBER RUSSO --- 4f COUNCILMEMBER DELGADO --- \\pbgsRle\Attomey\attomey-share\RESOLUTIONS\Reso 170 2003 - interlocal with lake park - northlake.doc 3 I NTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD ANDCONGRESSAVENUE HIS INTERLOCAL AGREEMENT (“Agreement”) is made this 18 day of , 2004, by and between CITY OF PALM BEACH GARDENS, a FJ municipal corporation, and TOWN OF LAKE PARK, a municipal corporation. WHEREAS, the owners of portions of a 19.12-acre (“owners”), more or less, parcel of land generally located on the southeast corner of Congress Avenue and Northlake Boulevard seek to develop the Site (“Site”) as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the site is within the City of Palm Beach Gardens (“City”) and 10.83 acres or 57% of the “Site” is within the Town of Lake Park (“Town”), the legal description of which is more particularly described on Exhibit “A,” which is attached hereto and incorporated herein; and WHEREAS, because the Site is planned to be developed by making use of the property located in both the Town and the City, an Interlocal Agreement is in the best interest of all parties; and WHEREAS, the Site is significant because of its location as a gateway to both WHEREAS, it is the intent of the City and Town to establish consistent land the Town and the City; and development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting, and code enforcement so as to enable the owner(s) of the Site to develop and utilize the property in accordance with the comprehensive plans and land development regulations of both municipalities; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Florida Statutes, to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and a mutual desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. 1 NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent,-covenant, and agree as follows: 1. 2. RECITALS. The foregoing recitals are true and correct and express the City’s and Town’s mutual interest in development of the Site. IMPLEMENTATION OF AGREEMENT. (a) City and Town shall each appoint an “Administrator” for the purposes of this Interlocal Agreement to coordinate the administration of the review of applications for applications for development of the Site between the municipalities. (b) It is contemplated that the proposed development of the Site will require a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications for consistency with their respective land development regulations, comprehensive plans, but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. (c) In order to maintain an orderly development review process, the Town shall be responsible for leading the processing of all development applications with regard to the Site. The Town and City shall review all applications jointly, and the scheduling of all applications shall be mutually agreed upon. The Planning and Zoning staff of each municipality shall each issue a staff report and recommendation. The recommendations of each staff shall be considered, and acted upon, by both municipalities’ Planning and Zoning bodies and the City Council and Town Commission at joint public meetings to be noticed and scheduled jointly through the Administrators. (d) This Agreement shall apply to any expansion or contraction area of the Site for this specific project, which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding pro-rata calculations as defined herein. (e) Prior to the Planning and Zoning Commission public hearing, the parcel owner shall submit an agreement acceptable to the City to provide for payment of fees to the City in lieu of road, police and fire impact fees. (9 Property taxes for the buildings and other improvements on the Site shall be prorated to each municipality based on percentage of the Site located within the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County Tax Collector. 2 I I (9) Service provision shall be as described below: (1)The Town and City shall both collect the required application fees and related costs for planning, legal, engineering, and other professional services. The municipality in which the structure is located shall collect the required building permit fees and occupational license fees, and that municipality shall perform all necessary building inspections. If a structure is located within both municipalities, the Town shall collect the required building permit fees and perform all necessary building inspections. Site development permits for the entire site shall be reviewed and approved by both municipalities and issued by the Town. All applications for building and landscaping permits and certificates of occupancy shall be submitted simultaneously to the City and Town for review. Neither the Town nor the City shall issue any permits or certificates of occupancy until the other municipality has approved the applications and notified the issuing municipality of its approval in writing. (h) A single plat for the Site shall be approved by both municipalities. The owner shall be required to provide a Unity of Control acceptable to the City and Town for the affected property should it ever be subdivided into separate tracts under different ownership. (i) All future development applications, including amendments to the development order for the Site, shall require joint review and approval by the municipalities, consistent with the above-described process. 3. FIRE PROTECTION. Fire protection for the entire site will be provided on a first response basis. 4. POLICE PROTECTION AND CODE ENFORCEMENT. The municipal boundaries for each municipality shall be designated on the approved Site Plan. Jurisdiction for the enforcement of police protection and applicable code requirements shall be based upon the physicaVgeographica1 location of any alleged violation and the municipality in which the alleged violation is located shall have police protection and code enforcement responsibility. In the event that an alleged violation exists in both municipalities andlor a violation of one or more conditions of approval of the approved Site Plan or plat exists, both municipalities shall have concurrent jurisdiction for purposes of police protection and code enforcement. 3 ! 5. 6. 7. 8. 9. IO. 11. 12. NORTHLAKE BOULEVARD OVERLAY DISTRICT. The Town acknowledges that the City has adopted the procedures and requirements of the NBOZ. MODIFICATION OR TERMINATION OF AGREEMENT. This Agreement may be modified or terminated only upon majority vote of the governing body in each municipality. DU RATION . This Agreement shall be terminated if the site is not developed as a unified parcel requiring joint approvals by both the Town and City. RECORDATION IN PUBLIC RECORDS. This Agreement shall be recorded in the Public Records of Palm Beach County. LEGISLATIVE POWER. This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the Administrator. GOVERNING LAW. This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. COUNTERPARTS. This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. EFFECTIVE DATE. This Agreement shall be effective upon full execution by the City and Town. (The remainder of this page left intentionally blank) 4 I IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of 2004. >- f / I I I CITY OF PALM BEACH GARDENS, FLORIDA Y & BY: /- L 5 c. ATTEST: # BY: Patricia=Snider, City Clerk , . . .~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Taturn, City Attorney EXECUTED BY THE TOWN this / 8 day of Fd 12004. TOWN OF LAKE PARK, FLORIDA BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: \\pbgsfile\Attome~~ey_share\AGREEMENTS\TargetlnterlocalAgrOl.21.04-dean - 1-23-04.d~ E:\TJB\LP.GaneraRAgreernents\TargetlnterlocalAg~l.2 1.04.doc 5 RESOLUTION NO1 3-02-04 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF PALM BEACH GARDENS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Lake Park (Town) and the City of Palm Beach Gardens (City) both exercise zoning authority over properties within their respective jurisdictions; and WHEREAS, the developer of a proposed Target store (Developer) proposes to develop a 19.12 acre parcel of property (the subject property), 57% of which is within the Town and 43% of which is within the City; and WHEREAS, because the subject property is planned to be developed in both the Town and the City, the Town and the City have agreed to jointly review the proposed development; and WHEREAS, the Town and the City have agreed that it is in the best interests of the Developer as well as the residents and visitors of the Town and the City to provide a process for centralized development, permitting and code enforcement; and WHEREAS, Section 163.01, F.S., authorizes and encourages local governments to make the most efficient use of their powers by enabling them to cooperatein the provision of services and facilities; and WHEREAS, the Interlocal Agreement attached hereto and incorporated herein as Exhibit “A” would allow the Town and the City to make the most efficient use of their police powers and would therefore further the health, safety and welfare of residents and visitors to the Town. 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK: Section 1. The whereas clauses are hereby incorporated as true and correct as the findings of fact,and conclusions of law of the Town Commission. Section 2. The Town Commission hereby approves the lnterlocal Agreement for a proposed development of a 19.12 acre parcel of property, 57% of which is within the Town and 43% of which is within the City. The Mayor is authorized to execute the Interlocal Agreement on behalf of the Town. Section 3. This Resolution shall take effect upon adoption. I 2 The foregoing Resolution was offered by Commissioner Garret son moved its adoption. The motion was seconded by Commissioner Otterson follows: , who , and upon being put to a roll call vote, the vote was as AYE NAY MAYOR PAUL W. CASTRO X - VICE-MAYOR G. CHUCK BALIUS X COMMISSIONER PAUL GARRETSON COMMISSIONER BILL OTTERSON X COMMISSIONER JEANINE LONGTIN X X - The Mayor thereupon declared the foregoing Resolution No. 13-02-04 duly passed and adopted this 18'h day of February, 2004. TOWN OF-LAKE PARK, FLORIDA ATTEST: Approved as to form and legal sufficiency: 3 , I;i 1 : rn V E MATCH LINE (SEE SHEET C2) 0 0 z 0 W m VI VI b m z C m ... 'i I I' / i 4s k: f '$ I '8 EK MATCH LINE (SEE SHEET C3) i$ !f -- I= 5 x rn I 8 ii i .- f ti 3' A.0.c I! ~ i I ~ ! i i I ! 1 e i 6 r i I 5 i i z! P i -0 rn 0 rn v) -I $ 2 rn z =! rn v) 'I I <rn 96 P Z U m > Z 0 B m 0 c Z O P a, 0 C - r - rn' r rn < > i 0 Z a P 1 - ... . I 6 B 0 -1 r v) rn L I 1 I K I .. .. .. I .. 1 I ..,, I \ I! I T 5: f: MATCH LINE (SEE SHEET C9) 0 I . . __ I - .. I -- -- --.v 0 0 , FOR PLANIIHG L ZONING REVIEW MY-NOT FOR CONSTRUCTlON - I I -i j . . . ._ .- I 1 0 (,> I 1, '- i I I I I - -1 I I I I I I I I I I I I 7--- 1-11 I I t I ~ I i T- ! ! ! ! I---- I I ! L ! ! ! ! I I I I -~ , , I I I I I ! ! I t 1J I .C 1 i t I r I In ,> n c -, I- -11 ,- I' +%I E I I/// Proposed Lake 286 AC Water Date Prepared: June 15, 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 ORDINANCE 30,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING THE 8.29-ACRE PORTION OF A 19.12-ACRE PARCEL OF LAND, LOCATED ON THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY HEREIN, FROM A ZONING DESIGNATION OF RESEARCH AND LIGHT INDUSTRIAL PARK (MI) TO PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN 1); AND PROVIDING AN EFFECTIVE DATE. UNDERLYING ZONING DISTRICT OF GENERAL COMMERCIAL (CG- WHEREAS, the City of Palm Beach Gardens received an application (PUD-03-09) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district of General Commercial (CG-1) for the 8.29-acre portion of the 19.12-acre site, generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as more particularly described herein; and WHEREAS, the subject site is currently zoned Research and Light Industrial Park (MI) and has a land use designation of Commercial (C); and WHEREAS, the Growth Management Department reviewed said petition and determined that it is consistent with the City’s Land Development Regulations and the Comprehensive Plan; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park in February 2004 for a joint development review of the subject site; and WHEREAS, the Planning, Zoning and Appeals Board held a joint public hearing on June 8, 2004, with the Planning and Zoning Board of the Town of Lake Park and has recommended approval of the rezoning to the City Council; 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 and Palm Beach County review agencies and staff; and Date Prepared: June 15,2004 Ordinance 30, 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 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida. NOW, THEREFOREy 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 Research and Light Industrial Park (MI) to Planned Unit Development (PUD) with an underlying zoning district of General Commercial (CG-1): LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01'1 9'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01'19'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERET0)A DISTANCE OF 62.00 FEET DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01'1 9'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1,670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80'09'39" WEST A DISTANCE OF 572.48 FEET DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST. HAVING A RADIUS OF 8,764.37 FEET, A CENTRAL ANGLE OF 05'05'48", AND A RADIAL BEARING OF NORTH 81°31'35" WEST; THENCE NORTHERLY ALONG TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD AS TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS THE ARC OF SAID CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FEET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03'53'23'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8679.37 FEET, A CENTRAL ANGLE OF 00°50'05", AND A RADIAL BEARING OF NORTH 88OO7'17'' WEST; THENCE NORTHERLY ALONG THE 2 Date Prepared: June 15,2004 Ordinance 30, 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 ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT- OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12°21'13" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01O02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 281.3 FEET; THENCE NORTH 46O05'27" EAST A DISTANCE OF 56.61 FEET TO A DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88O26'21" EAST ALONG SAID BEGINNING. POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD AS SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 FEET TO THE POINT OF CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the City's zoning district map to effectuate the purpose of this 0 rd i nance . 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 of Ordinance 16 of the Town of Lake Park. (The remainder of this page left intentionally blank) 3 Date Prepared: June 15, 2004 Ordinance 30,2004 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 PASS ED t h is day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor FOR AGAINST ABSENT Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\target rezoning - ord 30-2004.doc 4 Date Prepared: June 15, 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 135,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR CONGRESS PLAZA EAST AT THE CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE PARK, AS DESCRIBED MORE PARTICULARLY HEREIN, TO PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 19.12-ACRE PARCEL OF LAND LOCATED ON THE SOUTHEAST ALLOW FOR A 131,839 SQUARE-FOOT RETAIL BUILDING; 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 of Palm Beach Gardens received an application (PUD-03- 09) for master development approval for a 131,839 square-foot retail building on a 19.12-acre site, generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein, to allow for approval of the PUD Master Plan; and WHEREAS, an 8.29-acre portion of the 19.12-acre subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1) within the City of Palm Beach Gardens; and WHEREAS, the subject site is within the Northlake Boulevard Overlay Zoning District and has been determined to be consistent with its requirements; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park on February 5, 2004, for a joint development review of the subject site; and WHEREAS, the Planning, Zoning & Appeals Board reviewed the Master Development Plan at a public hearing conducted on June 8, 2004, and has 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 Date Prepared: June 15,2004 Resolution 135,2004 7 8 1. 9 10 11 12 13 14 2. 15 16 17 18 19 20 21 22 3. 23 24 4. 25 26 27 28 1 2 3 Florida; and 4 5 6 WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: The proposed Master Development Plan is consistent with Objective 1 .I .9 of the Comprehensive Plan, which requires the City, in coordination with the Northlake Boulevard Corridor Task Force, to pursue various means to encourage improvement, enhancement, renovation, or redevelopment of the older properties along Northlake Boulevard, east of Military Trail. The City Council of the City of Palm Beach Gardens and the Town Commission of the Town of Lake Park have reviewed the subject parcel through a joint development review process, which is consistent with Objective 1.1.8 of the Comprehensive Plan, which requires the City to improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse impacts of future development and redevelopment activities. (Planning & Zoning) The proposed development is consistent with the City’s Comprehensive Plan. The proposed uses are not a detriment to the public safety and welfare within the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Master Development Plan application for Target Planned Unit Development (a.k.a. Northlake Square East), is hereby APPROVED on the following described real property to permit the development of a 131,839 square-foot retail building on a 19.12-acre site located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: 2 Date Prepared: June 15, 2004 Resolution 135, 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 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01O19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01°19'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00 BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01°19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1,670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80O09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST. HAVING A RADIUS OF 8,764.37 FEET, A CENTRAL ANGLE OF 05°05'48" AND A RADIAL BEARING OF NORTH 81°31'35" WEST; THENCE NORTHERLY ALONG THE ARC FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL OF SAID CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FEET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03O53'23" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8679.37 FEET, A CENTRAL ANGLE OF 00°50'05" AND A RADIAL BEARING OF NORTH 88O07'17" WEST; THENCE NORTHERLY ALONG THE FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" EAST ALONG SAID ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 EAST RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12°21'13" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE A DISTANCE OF 281.3 FEET; THENCE NORTH 46O05'27" EAST A DISTANCE OF BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH FEET TO THE POINT OF BEGINNING. 88O26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. 3 Date Prepared: June 15,2004 Resolution 135, 2004 1 Miscellaneous 2 3 1. 4 5 6 7 8 9 10 11 12 2. 13 14 15 16 17 3. 18 19 20 21 22 23 24 4. 25 26 27 28 29 5. 30 31 32 33 34 Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit, the applicant shall comply with the Art in Public Places requirement by providing art on site or make a payment in lieu of art, in accordance with Section 78-262 of the LDRs (1% value of the vertical construction) based upon the vertical construction within the entire Planned Unit Development (PUD). If the applicant is providing public art on site, the art shall be approved by the City Council after review by the Art in Public Places Advisory Board and installed prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit for vertical construction, the applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the City’s approval of and the Town of Lake Park’s issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) Shopping cart corrals shall be provided by the applicant and shall be screened from view by means of a wall and landscaping as acceptable to the City Forester. The corrals shall be constructed of solid walls and of materials compatible with the primary structure approved on site. (Planning & Zoning) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first Certificate of Occupancy, the applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already being provided as part of another roadway construction project. (Planning & Zoning) 35 CPTED (Police) 36 37 6. 38 39 40 7. 41 42 43 8. 44 45 46 Metal halide lighting shall be used within the vehicular parking area, along streets and pedestrian walkways. (Police) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police) 4 Date Prepared: June 15, 2004 Resolution 135,2004 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 9. Prior to the City’s approval of and the Town of Lake Park’s 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 location within the subject Planned Unit Development (PUD). (Police) IO. Landscaping, including long-term canopy tree growth, shall not conflict with lighting. (City Forester, Police) 11. 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. Exterior roll-up doors shall be target hardened. f. All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) 12. Numerical addresses for the buildings shall: a. Be illuminated for nighttime visibility and be unobstructed. b. Have bi-directional visibility from the roadway. c. Be placed at the front and rear of each business. (Police) Landscapinq 13. Within four (4) months of the issuance of any land alteration permit, the applicant shall submit to the City an on-site and off-site irrigation plan based on the Michael Redd and Associates landscape plans to be reviewed and approved by the City Forester. (City Forester) 14. Within six (6) months of the City’s approval of and the Town of Lake Parks issuance of any land alteration permit, the applicant shall install the landscaping, irrigation, hardscape, and lighting in the median of Northlake Boulevard from Congress Avenue to the eastern terminus of the property and in the southern roadway 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 15. 16. 17. 18. 19. Date Prepared: June 15, 2004 Resolution 135. 2004 shoulder of Northlake Boulevard between the eastern and western terminus of the property. These improvements shall be consistent with the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002, and landscape plans for the subject project by Kimley-Horn dated May 4, 2004, which include the meandering sidewalk. A one-time six (6) month extension to complete buffer and right-of-way improvements may be granted by the Growth Management Director upon review of sufficient justification. In the event that the City of Palm Beach Gardens, or another entity, forms a Special District pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, 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. In the event a Special District is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way irrigation and landscaping. (City Forester) Prior to the City’s approval of and the Town of Lake Park’s issuance of a permit for any land alteration (clearing), the applicant shall submit, for City approval, a landscape plan for the Congress Avenue medians and roadway shoulders for the areas adjacent to the subject site, excluding the area previously accounted for within the Northlake Square West Planned Unit Development (PUD). The proposed landscape plan shall be consistent with the approved plan for the medians adjacent to Northlake Square West Planned Unit Development (PUD). (City Forester) Within six (6) months of the issuance of the clearinghand alteration permit, the applicant shall install the landscaping and irrigation, as permitted by Palm Beach County, within the Congress Avenue right-of-way median and easterly road shoulder from Northlake Boulevard to the southern terminus of its property. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) and road shoulders of those sections of public rights-of-way adjacent and/or contiguous, as described in Conditions 13 through 16, inclusive. (City Forester) If modified development orders are issued by the City Council for the properties to the north of the subject site, the City shall include conditions of approval that require the pro-rata payment of costs to maintain the common median on Northlake Boulevard. The City shall disclose to all parties any maintenance agreements between developments, but it shall be the property owner’s responsibility to coordinate the maintenance and the shared cost thereof. (Planning & Zoning) The applicant, successors, or assigns shall be responsible for its fair share of landscaping and irrigation maintenance with the Congress Avenue right-of-way median and road shoulder from Northlake Boulevard to the southern terminus of the subject site. (City Forester) 6 Date Prepared: June 15, 2004 Resolution 135, 2004 1 2 3 4 5 6 Enqineerinq & Concurrency 20. The approved landscaping, and the required maintenance thereof, for the entire PUD shall be considered a condition of approval of the City’s development order, and shall be enforceable by the City in the same manner and to the same extent as any other condition of approval . (Planning & Zoning, City Forester) 7 8 21. 9 10 11 22. 12 13 14 15 23. 16 17 18 19 24. 20 21 22 25. 23 24 25 26 26. 27 28 29 30 31 The build-out date for the project is December 31, 2004, unless expressly extended by the City in accordance with Ordinance IO, 2003. (Engineering) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive right-turn ingress lane at the Northlake Boulevard driveway. (Traffic Engineer) Prior to issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive left-turn ingress lane at the Congress Avenue driveway. (Traffic Engineer) Applicant shall comply with all conditions as outlined in the concurrency granted by Palm Beach County Traffic Division. (Traffic Engineer) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit, the applicant shall plat the entire 19.1 2-acre parcel in accordance with LDR Section 78-446, “Plat review and approval process.” (City Engineer) Within thirty (30) days of the effective date of this Resolution, the applicant shall revise all inconsistencies between the site plans and conceptual engineering plans to the satisfaction of the City Engineer, and resubmit a revised photometric plan conforming to LDR Section 78-1 82(f)(3). (City Engineer) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida 32 hereby approves the following six (6) waivers: 33 34 1. 35 36 37 2. 38 39 40 3. 41 42 43 4. 44 45 46 Waiver from City Code Section 78-344(1)(1) to allow for nine and one-half (9.5) foot wide parking stalls. Waiver from City Code Section 78-344(1)(1)(a) to allow sixteen and one-half (1 6.5) foot long parking stalls for parking spaces adjacent to curbing. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west and south elevations. Waiver from City Code Section 78-285, Signage, to allow for a 144 square-foot sign on the west and south elevations and a 175 square-foot wall sign on the north elevation. 7 Date Prepared: June 15, 2004 Resolution 135,2004 1 2 3 4 5 13-foot lake maintenance easement. 6 7 8 5. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow landscaping within the lake maintenance easements for aesthetics purposes. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow a 6. SECTION 4. This PUD approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 9 10 1. 11 12 2. 13 14 3. 15 16 4. 17 18 19 5. 20 21 22 6. 23 24 25 7. 26 27 28 8. 29 30 31 9. 32 33 IO. 34 35 11. 36 37 12. 38 39 13. 40 41 Northlake Square West Site Plan, 06.1 7.04, Kimley-Horn, Sheets C1 -C2-C2A. Boundary Survey, September 14,2000, Lidberg Land Surveying, Inc., Sheet C2. Horizontal Control Plans, 06.1 7.04, Kimley-Horn and Associates, Sheets C3 - C4. Paving, Drainage and Grading Plans, 06.1 7.04, Kimley-Horn and Associates, Sheets C5 through C6 & C11. Signage and Marking Plan, 06.1 7.04, Kimley-Horn and Associates, Sheets C9- c10 Northlake & Congress Driving Plans, May, 5, 2004, Kimley-Horn and Associates, Sheets C9 & C9A. Paving, Grading, and Drainage Details & Seacoast Utility Details, May, 5, 2004, Kimley-Horn and Associates, Sheets C10 through C14. Landscape Plan and Pedestrian Amenities, 06.30.04, Kimley-Horn and Associates, Sheet LA 1 - LA 7. Irrigation Plans, 05.05.04, Kimley-Horn and Associates, Sheets IR-I - IR-2. Photometric, 06.30.04, Cooper, Sheet SASNVRT. Target, Floor Plans, May 17, 2004, KKE Architects, Sheets AI through AID. Target Roof Plans, May 17, 2004, KKE Architects, Sheet A4. Target, Elevations, May 17, 2004, KKE Architects, Sheets A8 through A8b. SECTION 5. This Resolution shall become effective immediately upon adoption of 42 43 44 45 46 Ordinance 16 by the Town of Lake Park. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 15,2004 Resolution 135, 2004 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl E NCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY Eric Jablin, Mayor AYE NAY ABSENT d \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\~rget master plan approval -reso 135 2004 - revised1 .doc 9 City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin mayor Castro Vice Mayor Russo lrice Mayor Balius /Council Member Delgado ‘Commissioner Garretson OCommissioner Carey Commissioner Daly / Council Member Levy / r 1 . I. 11. 111. Iv. w 90 City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16,2004 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL COMMENTS FROM THE PUBLIC: (For Items Not on the APenda. Dlease submit reauest form to the Citv Clerk Drior to this Item) PUBLIC HEARING PART I - OUASI-JUDICIAL a. Ordinance 16.2004.- Target Rezoning and Site Plan Review. An Ordinance of tk Town Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the municipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described more particularly herein, from a Zoning Designation of Traditional Neighborhood Development (TND) to Planned Unit Development (PUD); providing for codification; providing for severability; providing for the repeal of laws in conflict; and providing for an effective date. Resolution 40-OS-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading. Resolution 49-08-04a. Resolution of the Town Commission of the Town of Lake Park, Florida, approving the site plan for Northlake Square East for development approval of a 131,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein; providing for waivers; providing conditions of approval; and providing an effective date. b. Ordinance 30.2004,- Target Rezoning and Site Plan review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 8.29-acre *portion of a 19.12-acre parcel of land, located on the Southeast corner of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, fiom a zoning designation of Research and Light Industrial Park (Ml) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-1); and providing an effective date. Pes 3-* Resolution 135, 2004 is a companion item to Ordinance 30, 2004 and will require Council action at second reading. Resolution 135,2004 - Target Rezoning and Site Plan review. A Resolution ofthe City Council of the City of Palm Beach Gardens, Florida approving the master development plan for Congress Plaza East at the 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly herein, to allow for a 13 1,839 square- foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. THE CITYCOUNCIL AND TOWN COMMSSION WILL VOTE SEPARATELY AT THE CONCLUSION OF THE HEARING. PURSUANT TO llvTERLOCAL AGREEMNT, THE CITY OF PALM BEACH GARDENSAND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPMENT ORDER AT A JOINT MEETING. V. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based NOTE: All presentation materials must be received by the City Clerkprior to the presentation to the Council. ACRYLIC OR POLYCARBONATE DIF AND DECORATIVE CAST ALUMINUM ENCLOSURE BALLASTS ARE H.P.F. / C.W.A. AUTOTRANSFORMER, -20' STARTING TEMPERATURE METAL PRESSURE MERCURY HALIDE SODIUM VAPOR INC. LAMPS JOW. TO FACTORY 17SW. 1SOW. 25ow. 2m. . 30,2004 - TW review. An ordinaace oftbe city portion of a 19.12-acrc pad southeast comer of w- Avenue, which Lies witbin the city of Palm Beach particularly herein, hm ad Light Mustrial mlopment (PUD) overlay with an ?mi&$ disttict of c0-U (CG-1); ad emdate. I. .- Ordimme 16, 2004 - Ta~gd Rcmdng aad Site 4 RevKw.Anordinance of th: Town Connnimbn of The Town df Lake Park, Fbrida, rczmbg a 10.83 acre portibn cotae~ of Northhb Boukvd and W A- withinthernuniciboudms * of the Town of I,& Park and the City of Palm Belrch Oadcms, as descti&d mre particularly haein, hnnafiniag -ofy Traditional Neighborbod Dcvebpmnt (WD) to Plramcd unit Dew- (PUD); providiqs fm cdtication; providing ibr sevasbiiity; pvidiq sdt the repeal of laws in collslid; ami providiag ibr un efIisctire date. of 19.12-a~re -1 of Id bdd 011 the SO- August 3,2004 047030053 I I AUI; - 4 Judy Dye LBFH, Inc. 3550 SW Corporate Pkwy Palm City, FL 34990 Dear Judy: Please accept the following responses to your comments dated July 12, 2004 for the Northlake Square East (Target) project: Comment 1) Response 1) Comment 2) Response 2) Comment 3) w TEL 561 845 0665 FAX 561 863 8175 Not Satisfied. The applicant has previously submitted a revised Traffic Impact Analysis for review. We will forward comments once the City’s Traffic Consultant and Palm Beach County’s Traffic Division have completed their coordinated review. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall resolve all Traffic Impact issues related to the project”. (City Engineer) Applicant has submitted a traffic analysis and is currently working with the County to obtain approval and will forward approval upon receipt. Not Satisfied. The applicant has previously submitted a corridor study, as requested by Palm Beach County Traffic Division, for Congress Avenue between Northlake Boulevard and Blue Heron Boulevard, in addition to the revised traffic concurrency analysis for review. We will forward comments once the City’s Traffic consultant and Palm Beach County’s Traffic Division have completed their coordinated review. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall resolve all corridor study issues related to the project”. (City Engineer) Applicant has submitted a corridor study and is currently working with the County to obtain approval and will forward approval upon receipt. Not Satisfied. The applicant is requesting a waiver from LDR Section 78-563(c), which requires a lake maintenance tract to be a minimum of 20-feet wide, with a minimum slope of 8: 1, or as 4431 Embarcadero Drive West Palm Beach. Florida 33407 .. Judy Dye, June 1 I, 2004 Page 2 required by the City Engineer. The applicant is proposing a 13- foot wide LME. Please note we remain in support of the City’s LDR. Response 3) City Staff has recommended approval of a waiver request and Planning and Zoning has approved his request to reduce the 20’ LME requirement to 13’. a) Previously Satisfied. b) Previously Satisfied. c) Not Satisfied. The applicant is requesting a waiver from LDR Section 78-563(e), which prohibits the installation of permanent improvements within a lake maintenance easement. The applicant is proposing a 3’ landscape overlap within the proposed 13’ LME for the location of landscaping. The applicant has moved all proposed landscaping to within the 3’ landscaping overlap and labeled the 3’ overlap on sheet LA1 of the Landscape Plans. However, the applicant needs to label the 3’ overlap surrounding the 2.82-acre lake on sheet LA2 of the Landscape Plans. Also, the applicant is proposing other permanent improvements within the LME, such as a bulkhead and tower structures. Please note we remain in support of the City’s LDR and feel a 20’ LME needs to be provided with a minimum 12’ clear zone for access to all water bodies for maintenance purposes instead of the 13’ LME with a 3’ landscape overlap leaving only a 10’ clear zone. We recommend the following condition of approval: “Should a waiver from LDR Section 78-563 be granted, the applicant shall provide a minimum 20’ LME with a minimum 12’ clear zone for access to all water bodies for maintenance purposes.” (City Engineer) Response 3c) City Staff has recommended approval of a waiver request and Planning and Zoning has approved his request to reduce the 20’ LME requirement to 13’. d) Not Satisfied. On sheet C5 the applicant has revised Sections A-A, B-B, C-C, D-D, and E-E lake bank cross- H:\047030053\Lk. Park CommentsWGB-Comments-response.doc m Kimley-Horn I[ m r\ and Associates, Inc. Judy Dye, June 11,2004 Page 3 Response 3d) Comment 4) Response 4) Comment 5) Response 5) Comment 6) Comment 7) Comment 8) section details for consistency with the plan view. However, the Section D-D cross-section detail is still inconsistent with the plan view. The applicant shall revise the cross-section D-D for consistency with the plan view. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall revise all cross-section details (A-A through D-D) for consistency with the plan view.” (City Engineer) I’ H:\047030053\Lk. Park CommentsWGB-Comments-response.doc Cross section has been revised to be consistent with plan view. See revised sheets C-5 and C-6. Not Satisfied. The applicant is requesting a waiver from Section 78-344(1), Parking Stall and Bay Dimensions, which requires all parking spaces to be a minimum 10-feet wide. The applicant is proposing 9.5-foot wide parking spaces. Please note we remain in support of the City’s LDR. The applicant is requesting a waiver from LDR Section 78- 344(1). Not Satisfied. The applicant has requested a waiver from Section 78-344(e), Wheel Stops, which requires wheel stops at all parking spaces. The applicant is proposing type D curb and a 2-foot overhang in lieu of the wheel stops. Please note we remain in support the City’s LDR. a Previously Satisfied. e Previously Satisfied. The applicant is requesting a waiver from LDR Section 78- 3 44 (e). Satisfied. The applicant has labeled Type D curb (typ.) at all locations where the applicant is proposing a 2.5-foot overhang instead of wheel stops on the Site Plan and the Paving, Grading, and Drainage Plans. Previously Satisfied. Not Satisfied. The applicant is requesting a waiver from Section 78-344(1), Parking Stall and Bay Dimensions, which requires all parking spaces to be 18.5-feet in length and fully paved. The .. *. m Kimley-Horn C n and Associates, Inc. Judy Dye, June 11,2004 Page 4 applicant is proposing parking stalls that are 16.5-feet in length of pavement, plus a 6” curb and 2’ of green space. Please note we remain in support of the City’s LDR. Response 8) The applicant is requesting a waiver from LDR Section 78- 344( 1). Comments #9 through #13 have been Previously Satisfied. Comment 14) Not Satisfied. The applicant shall identify proposed regulatory signs on the Signing and Marking Plans. a) Satisfied. The applicant has included the note: “Brick pavers of appropriate color shall be used in brick paver area in lieu of paint or thermoplastic material” on sheet C2A of the construction plans. b) Previously Satisfied. c) Not Satisfied. The Accessible Parking Sign detail on sheet C9 references FTP-26, while the Accessible Spaces on sheet C10 and C9 in plan view and the Customer Parking/Striping detail on sheet C9 reference FTP-25. The applicant needs to revise the detail and plan view for consistency. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall revise the Accessible Parking Sign detail, Customer Parkindstriping detail and the Signing and Marking Plans for consistency”. (City Engineer) Response 14) Plans have been revised to indicate FTP-26 signage as correct detail. d) Satisfied. The applicant has previously labeled the loading zone on sheet C10 with the word “LOADING” as a pavement marking. Also, per discussion with the Assistant City Engineer, the truck loading area is a specifically designated depressed loading well, remote from any customer parking therefore the pavement marking at the loading zone south of the Garden Center have been satisfied. e) Previously Satisfied. H:\047030053\Lk. Park Comments\PGB-Comments-response.doc .. .. Judy Dye, June 1 1,2004 Page 5 Comments #15 through #28 have been Previously Satisfied or Withdrawn. Comment 29) Response 29) Comment 30) Comment 3 1) Comment 32) Response 32) Not Satisfied. For this submittal, the applicant has removed the LA6 Hardscape Details sheet from the plans and replaced the sheet with LA-6 Landscape Details. The applicant still needs to provide the ‘Concrete Paver Detail w/in Vehicular Area’ previously shown on the Hardscape Details to indicate a depth of the subgrade. The applicant shall provide a minimum structural number of 1.5 for the parking area in accordance with FDOT structural number guidelines and LDR Section 78-499. Please note that no credit is given towards the structural number for the pavers or bedding sand. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall revise details #5 on sheet LA6 in accordance with FDOT structural guidelines and LDR Section 78-499”. (City Engineer) Concrete paver detail was previously revised and the structural number calculation has been added to the detail. Hardscape Details Sheet LA8 contains the reference concrete paver detail. Satisfied. The applicant has provided a pipe wrap detail (Filter Fabric Jacket) per FDOT Index 208 (sheet 1 of 4, 2004 edition) on sheet C-1 1 of the plans. Previously Satisfied. Not Satisfied. The applicant has provided a revised signed and sealed Photometric Plan for review. However, the submitted Photometric Plan still shows foot -candles below 1.0 in some vehicle use areas (see attached markup). The applicant shall provide a sign and sealed Photometric Plan to show minimum 1 .O-foot candles in the vehicle use areas in accordance with LDR Section 78-182(0(3). We recommend the following condition of approval: “Prior to City Council approval, the applicant shall provide a sign and sealed Photometric Plan in accordance with LDR Section 78- 182”. (City Engineer) The Photometric Plan, C15 attached, has been revised to show minimum 1 .O foot candles. H:\047030053\Lk. Park Comments\PGB-Comments-response.doc Judy Dye, June 11,2004 Page 6 m Kimley-Horn m n and Associates, Inc. Comment 33) Not Satisfied. For this submittal, the applicant has removed the note “Install 13LF of Type ‘E’ curb for access to the LME” from sheet C3 of the plans. However, sheet C2A still indicates the note. The applicant shall provide indication of length and type of curb at the Northlake Blvd entrance on sheet C3 of the plans. In addition, the applicant shall provide a detail on the Paving, Grading and Drainage (sheet C11) for the proposed curb type. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall include the proposed length and type of curb on sheet C3 and provide a detail on the Paving, Grading and Drainage Plans (Sheet C1 I)”. (City Engineer) Response33) Sheet C2 attached has been updated to include the referenced note. The Type ‘B’ curb detail has been added to sheet C11 attached. Comment 34) Not Satisfied. On sheet C2 of the Site Plan (South), the applicant still shows an existing 10’ drainage easement, while the Alternative Landscape Plan (South) shown on sheet LA2 indicates that the 10’ drainage easement to be abandoned under separate instrument. The applicant shall revise the plans to show the 10’ drainage easement either remaining or abandoned for consistency and clarification on both the Site Plan and the Landscape Plan. Also, the applicant needs to show the limits of all proposed and existing drainage easements on the Landscape Plan. We recommend the following condition of approval: “Prior to City Council approval, the applicant shall revise the plans to show the 10’ drainage easement either remaining or abandoned for clarification and consistency on both the Site Plan and Landscape Plan. In addition, the applicant shall show the limits of all proposed and existing drainage easements on the Landscape Plan ’,. (City Engineer) Response 34) Sheet C2 has been revised to indicate the IO’ drainage easement is being abandoned. Existing and proposed drainage easements have already been indicated on landscape plans previously submitted. H:\047030053Lk. Park Comments\PGB-Comments-response.doc .’ .. I- m Kimley-Horn rA and Associates, Inc. Judy Dye, June I 1,2004 Page I Please call me at (561) 840-0871 with any questions or concerns. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. p /&jq- L-/ C. Scott Thourot, P.E. H:\047030053\Lk. Park Comments\PGB-Comments-response.doc 1 June 18,2004 Ms. Kara Irwin, Senior Planner City of Palm Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mr. Jamie Gentile Town of Lake Park 535 Park Avenue Lake Park, FL 33404 urban stu 10 3 3 20Q4 RECUVED Urban Design Urban Planning Land Planning Landscape Architecture Dear Ms. Irwin and Mr. Gentile: In response to the comments received, we offer the following responses. For your convenience, I have duplicated your comments in bold and our responses follow in italics. Comments from Palm Beach Gardens Citv Encineer Judy A.T. Dve, dated June 2, 2004 1. Not Satisfied. The applicant has previously submitted a revised Traffic Impact Analysis for review. We will forward comments once the City’s Traffic Consultant and Palm Beach County’s Traffic Division have completed their coordinated review. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall resolve all Traffic Impact issues related to the project”. (City Engineer) Applicant has submitted a tra& annlysis and is currently working with the City and County to obtain approval and will forward approval upon receipt. 2. Not Satisfied. The applicant has previously submitted a corridor study, as requested by Palm Beach County Traffic Division, for Congress Avenue between Northlake Boulevard and Blue Heron Boulevard, in addition to the revised traffic concurrency analysis for review. We will forward comments once the City’s Traffic consultant and Palm Beach County’s Traffic Division have completed their coordinated review. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall resolve all corridor study issues 477 Rosemary *venue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1 100 LCC35 561.366.1 11 1 fax Ms. Irwin Mr. Gentile June 18,2004 Page 2 related to the project”. (City Engineer) Applicant has submitted a corridor study and is currently working with the City and County to obtain approval and willforward approval upon receipt. 3. Not Satisfied. The applicant is requesting a waiver from LDR Section 78- 563(c), which requires a lake maintenance tract to be a minimum of 20-feet wide, with a minimum slope of 8:1, or as required by the City Engineer. The applicant is proposing a 13-foot wide LME. Please note we remain in support of the City’s LDR. We are continuing to work with the City Staffon the LME issue. a) Previously Satisfied. b) Previously Satisfied. c) Not Satisfied. The applicant is requesting a waiver from LDR Section 78-563(e), which prohibits the installation of permanent improvements within a lake maintenance easement. The applicant is proposing a 3’ landscape overlap within the proposed 13’ LME for the location of landscaping. The applicant has moved all proposed landscaping to within the 3’ landscaping overlap and labeled the 3’ overlap on sheet LA1 of the Landscape Plans. However, the applicant needs to label the 3’ overlap surrounding the 2.82-acre lake on sheet LA2 of the Landscape Plans. Also, the applicant is proposing other permanent improvements within the LME, such as a bulkhead and tower structures. Please note we remain in support of the City’s LDR and feel a 20’ LME needs to be provided with a minimum 12’ clear zone for access to all water bodies for maintenance purposes instead of the 13’ LME with a 3’ landscape overlap leaving only a 10’ clear zone. We recommend the following condition of approval: “Should a waiver from LDR Section 78-563 be granted, the applicant shall provide a minimum 20’ LME with a minimum 12’ clear zone for access to all water bodies for maintenance purposes.” (City Engineer) We are continuing to work with the City Staffon the LME issue. d) Not Satisfied. On sheet C5 the applicant has revised Sections A-A, B- B, C-C, D-D, and E-E lake bank cross-section details for consistency , Ms. Irwin Mr. Gentile June 18,2004 Page 3 with the plan view. However, the Section D-D cross-section detail is inconsistent with the plan view. The applicant shall revise the cross- section D-D for consistency with the plan view. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall revise all cross-section details (A-A through D-D) for consistency with the plan view.” (City Engineer) The cross section has been revised to be consistent with plan view, 4. Not Satisfied. The applicant is requesting a waiver from Section 78-344(1), Parking Stall and Bay Dimensions, which requires all parking spaces to be a minimum 10-feet wide. The applicant is proposing 9.5-foot wide parking spaces. Please note we remain in support of the City’s LDR. The applicant is requesting a waiver from LDR Section 78-344(1). 5. Not Satisfied. The applicant has requested a waiver from Section 78-344(e), Wheel Stops, which requires wheel stops at all parking spaces. The applicant is proposing type D curb and a 2-foot overhang in lieu of the wheel stops. Please note we remain in support the City’s LDR. The applicant is requesting a waiver from LDR Section 78-344(e). b Previously Satisfied. 0 Previously Satisfied. 6. Not Satisfied. The applicant needs to label Type D curb (typ.) at all locations where the applicant is proposing a 2.5-foot overhang instead of wheel stops on the Site Plan and the Paving, Grading, and Drainage Plans. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall label Type D curb (Typ.) at all locations where the applicant is proposing a 2.5-foot overhang”. (City Engineer) All type ‘D’ curbs have been labeled on the applicable plans at locations where there is a 2.5’ overhang. 8. Not Satisfied. The applicant is requesting a waiver from Section 78-344(1), Parking Stall and Bay Dimensions, which requires all parking spaces to be Ms. Irwin Mr. Gentile June 18,2004 Page 4 18.5-feet in length and fully paved. The applicant is proposing parking stalls that are 16.5-feet in length of pavement, plus a 6” curb and 2’ of green space. Please note we remain in support of the City’s LDR. The applicant is requesting a waiver from LDR Section 78-344(1). 14. Not Satisfied. The applicant shall identify proposed regulatory signs on the Signing and Marking Plans. The applicant has shown pedestrian crossing signs on the signage and marhng plans (Sheet C9) and on the site plan (sheets C1 and C2). a) Not Satisfied. The applicant has revised the note on sheet C9 to include, “Brick pavers of appropriate color shall be used in brick paver area in lieu of paint or thermoplastic material.” However, the applicant needs to revise the note on sheet C2 to also indicate, “Brick pavers of appropriate color shall be used in brick paver area in Lieu of paint or thermoplastic material.” We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall revise the note on C2 to also indicate “Brick pavers of apropiate color shall be used in brick paver area in in lieu of paint or thermoplastic material”. (City Engineer) A note has been added to sheet C-2A stating: “Brick pavers of appropriate color shall be used in brick paver area in lieu of paint or thermoplastic materia. ” b) Not Satisfied. The Accessible Parking Sign detail on sheet C9 references FTP-26, while the Accessible Spaces on sheet ClO in plan view and the Customer Parkinghtriping detail on sheet C9 reference FTP-25. The applicant needs to revise the detail and plan view for consistency. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall revise the Accessible Parking Sign detail, Customer Parking/Striping detail and the Signing and Marking Plans for consistency”. (City Engineer) Plans have been revised to indicate FTP-26 signage as the correct detail. Ms. Irwin Mr. Gentile June 18,2004 Page 5 20. 21. 22. 23. 24. 26. c) Not Satisfied. The applicant has labeled the loading zone on sheet ClO with the word “LOADING” as a pavement marking. However, the applicant needs to provide pavement striping at the loading zone in accordance with LDR Section 78-229(e)(3)(d), as shown for the loading zone south of the Garden Center. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall provide pavement striping at the loading zone south of the Garden Center”. (City Engineer) Per discussion with Judy Dye, the truck loading area is a specifically designated depressed loading well, remote from any customer parking. We request that the requirement for pavement markings designating ‘LOADING’ be waived as this area is not subject to public parking. Satisfied. We have reviewed the Landscape Plans and note the following: a) Previously Satisfied. b) Comment Withdrawn. Please see Comment #3. c) Satisfied. The applicant has removed all proposed landscaping from within the proposed 17’ drainage easement, with the exception of shrubs. Satisfied. The applicant has clarified the curb types and pavement materials (i.e., paver bricks, concrete) on all plans consistent with the cross-section details. Satisfied. The applicant has revised the Horizontal Control plan to show dimensions of all radii, tangent lengths, dimensions of planting islands, width of walks, width of pavements, etc. in accordance with LDR Section 78- 44 8 (5) (a). Satisfied. The applicant has shown the alignment of the median curb on Northlake Blvd. on the Horizontal Control Plan in the area of the existing inlets and the directional sign. Satisfied. The applicant has identified the proposed 10’ wide southbound crosswalk crossing the northern Congress Avenue access. Satisfied. The applicant has revised Section B on sheets LA4 and LA5 to Ms. Irwin Mr. Gentile June 18,2004 Page 6 include the 13’ LME consistent with the plan view. 27. Satisfied. The applicant has revised Section B on sheets LA4 and LA5 to include the proposed lake edge and aluminum railing. 28. Satisfied. The applicant has revised Section B on sheets LA4 and LA5 to show the sidewalk consistent with the plan view. 29. Not Satisfied. The applicant needs to revise the ‘Concrete Paver Detail w/in Vehicular Area’ shown on sheet LA6 to indicate a depth of the subgrade. The applicant shall provide a minimum structural number of 1.5 for the parking area in accordance with FDOT structural number guidelines and LDR Section 78-499. Please note that no credit is given towards the structural number for the pavers or bedding sand. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall revise details #4 and #5 on sheet LA6 in accordance with FDOT structural guidelines and LDR Section 78-499”. (City Engineer) Concrete paver detail has been revised and the structural number calculation has been added to the detail. 30. Not Satisfied. The applicant shall add a detail for pipe wrap (Filter Fabric Jacket) per FDOT Index 208 (sheet 1 of 4) (2004 edition). We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall provide a detail for pipe wrap (Filter Fabric Jacket) per FDOT Index 208 (2004 edition)”. (City Engineer) This detail has been added to sheet C-11. The following comments are additional comments based on changes to theplans and submittal of additionalplans: 32. The applicant needs to revise the Photometric Plan to show minimum 1.0- foot candles in the vehicle use areas in accordance with LDR Section 78- 182(f)(3). We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall provide a Photometric Plan in accordance with LDR Section 78-182”. (City Engineer) . *. Ms. Irwin Mr. Gentile June 18,2004 Page 7 The photometric plan will be submitted under separate cover. 33. On sheet C3, the applicant indicates type “E” curb for access to the LME. The applicant shall provide a detail on the Paving, Grading and Drainage (sheet Cl I) for Type E curb. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall provide a detail of Type “E” curb on the Paving, Grading and Drainage Plans ”. (City Engineer) The Type “E” curb detail has been added to sheet C-I1 34. On sheet C2 of the Site Plan (South), the applicant shows an existing 10’ drainage easement, while the Alternative Landscape Plan (South) shown on sheet LA2 indicates that the 10’ drainage easement to be abandoned under separate instrument. The applicant shall revise the plans to show the 10’ drainage easement for consistency and clarification on the Site Plan and the Landscape Plan. Also, the applicant needs to show the limits of all proposed and existing drainage easements on the Landscape Plan. We recommend the following condition of approval: “Prior to the scheduling of City Council, the applicant shall revise the plans to show the 10’ drainage easement for clarification and consistency on the Site Plan and Landscape Plan. In addition, the applicant shall show the limits of all proposed and existing drainage easements on the Landscape Plan ”. (City Engineer) The landscape plan has been revised to show the 10’ drainage easement. Existing and proposed drainage easements are indicated on landscape plan. Should you have any questions regarding the above please let me know. Sincerely, URBAN DESIGN STUDIO TOWN of LAKE PARK Joint Commission Meeting: August 16,2004 Date Prepared: July 26, 2004 JOINT-COMMISSION MEETING - SUBJECTlAGENDA ITEM Northlake Square East (Target) An Application (”Application”) by Urban Design Studio and Kimley-Horn and Associates, agents for the Target Corporation (“Applicant”), to rezone the property from Traditional Neighborhood Development (TND) to Planned Unit Development (PUD) in the Town of Lake Park, and from Research and Light Industrial Park District (MI) to PUD with an underlying CG-1 district designation in the City of Palm Beach Gardens and for site plan approval. If approved, the proposed development will consist of a 131,839 square foot retail store on a 19.12-acre parcel located at the southeast corner of Northlake Boulevard and Congress Avenue. The discussion at the previous workshops dealt with the building location and placement, architecture and faqade treatment, and providing upgraded landscaping in attempt to create symmetry with the Northlake Square West project located at the southwest corner of Congress Avenue, which it just west of the subject site. BACKGROUND: The 19.12-acre subject site is located within two municipal boundaries. Approximately 8.29-acres, or 43.4% of the site is within the City of Palm Beach Gardens, and approximately 10.83-acres, or 56.6% of the site is within the Town of Lake Park. In FebruarylMarch of 2004, the City and the Town signed an lnterlocal Agreement to provide for a coordinated development review process and centralized permitting and code enforcement to develop the subject property in accordance with the land development regulations of both municipalities. As such, each municipality has reviewed this application under their respective land development regulations. In addition the City of Palm Beach Gardens is required to review the project in accordance with the Northlake Boulevard Overlay Zoning District Design Guidelines. The Town of Lake Park repealed the Northlake Boulevard Overlay Zoning District from its municipal code on January of 2004. Each jurisdiction, shall take separate action regarding the development at jointly held meetings. Both the Planning and Zoning Commissions of the Town and the City jointly reviewed the project, and both governing bodies will now also jointly review and hold public hearings, but take final actions separately. The Town of Lake Park is responsible for leading the processing of the development application of the subject site in accordance with the inter- local agreement. LAND USE AND ZONING: The portion of site that is within the Town of Lake Park is currently zoned Traditional Neighborhood District (TND), with a future land-use designation of Mixed Use CommerciallLight Industrial. The Applicant has requested to rezone the parcel to a commercial Planned Unit Development (PUD). The current zoning under the City of Palm Beach Gardens is Research and Light Industrial Park (MI), and has a future land-use designation of Commercial (C). The Applicant is 1 The current zoning under the City of Palm Beach Gardens is Research and Light Industrial Park (MI), and has a future land-use designation of Commercial (C). The Applicant is proposing to rezone the site to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). WAIVERS : The Town Commission may, at its discretion, waive zoning requirements and use restrictions provided the spirit and intent of the zoning regulations is complied with in the total development of the PUD. The Applicant has requested the following waivers from the Town’s Land Development Code: Code Section Required Provided Waiver Section 32-86-f-5 Minimum 9.5 feet -0.5 feet feet (Comer) None in the Required Internal Parking the Internal Area Parking Area Parking Dimensions Section 32-86-f-5 Wheel Stops No Wheel Stops in Section 32-80 Table 32-86-1 Dimensions Minimum Parking Bay 18 feet 16.5 feet -1.5 feet 1 per 250 GFA or 528 spaces Section 32-86 Schedule 32-86-1 5 per 1,000 GFA per GFA - 1 18 spaces Number of required spaces Section 32-146-h-2 Tree Spacing Section 32-146-a- 1 Minimum Landscape 660 spaces 20 foot O.C. 30 foot O.C. -10 feet No more than 40% of Landscape Area shall be covered by +29% 69% of total Landscape Area Requirements (non-residential) sod CONCURRENCY: The Applicant has received traffic concurrency from Palm Beach County; the build-out date for the project is December 31, 2004. The subject site was granted conditional concurrency approval for 81,300 square feet of general retail and 14,000 square feet of restaurant use (high turn-over) with respect to the City of Palm Beach Garden’s portion of the site and 61,700 square feet of general retail and 3,500 square feet for a fast food restaurant on the Lake Park tract. The Applicant has provided staff with an equivalency statement to convert the approved square footage to the uses proposed in the development. PROJECT DETAILS: Buildinq Site The Applicant is proposing a one-story 131,839 square foot retail building and a 6,100 square foot garden center on the 19.12-acre site. The proposed structure will be located at the southern end and wholly contained in the Town of Lake Park. The majority of the parking is located on the northern portion of the site within the City of Palm Beach Gardens. Site Access Vehicular site access is by one two-way drive from Northlake Boulevard, and three (3) two- way driveways off of Congress Avenue. Two (2) median cuts, aligned with the two southernmost driveways, are proposed along Congress Avenue, providing access into the site from traffic heading south on Congress Avenue. Siqnaqe The Applicant has proposed three (3) monument signs and five (5) wall-mounted signs. All of the proposed signs are consistent with the Town of Lake Park’s Land Development Regulations. Landscapinq/Bufferinq The Applicant proposes a twenty-foot (20’) landscape buffer along Northlake Boulevard, and a fifteen-foot (15’) landscape buffer along Congress Avenue. Also, the Applicant is proposing an eight-foot (8’) buffer along the east and south property lines. Drainaqe The surface water management system is under the jurisdiction of the South Florida Water Management District (SFWMD). The site has a lake located towards the south side of the tract of land. The lake was constructed currently to provide storm water storage and treatment from Congress Avenue. In addition, drainage from both North and South Killian Dr. has historically flowed into a small ditch located on the eastern edge of the site, which runs south and eventually into the C-17 canal. The Applicant is proposing to pipe this ditch. Two (2) additional on-site wet retention lakes will be constructed to provide for additional storm water storage. The proposed system will also include an exfiltration trench to provide the required dry pre- treatment. The outfall of the entire drainage system will discharge into the C-17 Canal to the west. Parkinq As proposed, the Applicant does not meet the minimum parking requirements. Based on the Town of Lake Park’s parking requirements of five (5) parking stalls per 1,000 square feet of gross floor area, the parking requirement is 660 spaces. The Applicant is proposing 545 parking spaces, including eleven (11) handicap spaces. The City of Palm Beach Gardens requires 1 space per 250 square feet of general retail. The Applicant satisfies the City of Palm Beach Gardens’ parking requirements and has requested a waiver form the town for a reduction of 11 8 spaces. Several waivers have been requested to allow for a reduction in the required parking stall dimensions, a reduction in the width and length of each parking space and the elimination of wheel stops. Section 32-80 of the Town of Lake Park’s Land Development Regulations requires a 10’ X 18’ parking stall. The Applicant is requesting a parking stall width of 9.5’ and a length of 16.5’ (with a two foot overhang) for all parking spaces. 3 Summary The Applicant’s request is generally compliant with all aspects of the Town of Lake Park’s Land Development Regulations, with the exception of the seven (7) requested waivers. however Staff is supportive of the requested waivers. Planninq and Zoninq Board Recommendation: On June 8‘h the Town of Lake Park and City of Palm Beach Gardens Planning and Zoning Board unanimously recommended approval of the proposed retail center. Discussion at the meeting and at several workshops prior to the public hearing, focused on the proposed building setback from Northlake Boulevard and the overall architectural design of the building. The Applicant has proposed to add several column trellis features throughout the site to provide additional structure in relation to Northlake Boulevard and the surrounding properties. The proposed architecture is a modern style design, generally consistent with the style used on the previously approved Northlake Square West project adjacent to the site. Although the architecture is not entirely four-sided, the Applicant has attempted to break-up the large structure with the addition of several faux windows along the north and west sides of the structure. The Applicant has also added some additional fenestration to the corners of the structure to provide some additional breaks in the mass. Pursuant to recommendations by Staff and the Planning and Zoning Boards, the Applicant agreed to heavily vegetate and berm the surrounding site to try and provide some additional relief. Staff Recommendation: Staff is recommending approval of the Applicant’s request for rezoning and site plan approval. 4 City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Russo Council Member Delgado Mayor Castro Vice Mayor Balius Commissioner Garretson Commissioner Carey Council Member Levy Commissioner Daly I I I I I I 1 I I I I 1 1 1 I City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park August 16,2004 7:OO P.M. T. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit request form to the Citv Clerk Drior to this Item] IV. PUBLIC HEARING PART I - OUASI-JUDICIAL a. Ordinance 16,2004 - Target Rezoning and Site Plan Review. An Ordinance of the Town Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the muilicipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described more particularly herein, fiom a Zoning Designation of Traditional Neighborhood Development (TND) to Planned Unit Development (PUD); providing for codification; providing for severability; providing for the repeal of laws in conflict; and providing for an effective date. Resolution 40-08-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading. Resolution 49-08-04a. Resolution of the Town Commission of the Town of Lake Park, Florida, approving the site plan for Northlake Square East for development approval of a 131,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein; providing for waivers; providing conditions of approval; and providing an effective date. 1 b. Ordinance 30, 2004 - Target Rezoning and Site Plan review. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning the 8.29-acre portion of a 19.12-acre parcel of land, located on the Southeast comer of Northlake Boulevard and Congress Avenue, which lies within the municipal boundaries of the City of Palm Beach Gardens, as described more particularly herein, fiom a zoning designation of Research and Light Industrial Park (Ml) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-I); and providing an effective date. Resolution 135, 2004 is a companion item to Ordinance 30, 2004 and will require Council action at second reading. Resolution 135, 2004 - Target Rezoning and Site Plan review. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the master devcloprnent plan for Congress Plaza East at thc 19.12-acre parcel of land located on the Southeast comer of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly herein, to allow for a 131,839 square- foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. THE CITY COWCIL AND TOWN COn/LM7SSION WILL VOTE SEPAHA TELYAT THE CONCLUSION OF THE HURING. PURSUANT' 7'0 mTERLOCAL AGREEkEm, THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPMENT ORDER AT A JOINT MEETING. V. ADJOURNMENT In accordance with the Americans with Dhabilities Act and Florida Statute 28626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a persort decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbaiim record of the proceedings is made, whkh record includes the testimony and evidence upon which the appeal k to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. I 1 I I I 1 I I i I 1 I I I 1 I 1 1 . ORDINANCE No. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, REZONING A LAND LOCATED ON THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN OF LAKE PARK AND THE CITY OF PALM BEACH GARDENS, AS DESCRIBED MORE PARTICULARLY HEREIN, FROM A ZONING DESIGNATION OF TRADITIONAL NEIGHBORHOOD DEVLOPMENT (TND) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CODIFICATIION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 10.83-ACRE PORTION OF 19.1 2-ACRE PARCEL OF WHEREAS, The Town of Lake Park has received an Application (“Application”) by, Urban Design Studio and Kimley-Horn and Associates, (“Agents”) for the Target Corporation (“Applicant”) for development approval of a 131,839 square foot retail center on a 10.83 acre portion of 19.12 acres generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens, and the Town of Lake Park, as more particularly described herein, to allow for approval of a Commercial Planned Unit Development (“PUD”); and WHEREAS, the subject property’s legal description is contained in Exhibit “A’ and it’s general location as shown in Exhibit “B”, both of which are attached hereto and incorporated herein; and, WHEREAS, the Applicant proposes to rezone the subject property from Traditional Neighborhood Development (TND), to a Planned Unit Development (PUD); and, WHEREAS, the Town Commission, upon the recommendation of the Town’s Planning and Zoning Commission, may by ordinance, authorize the location and development of a planned unit development, which may differ in one or more respects from the provisions of specific requirements of the Zoning Code, but which must be in keeping with the general purpose and intent of the Town’s Land Use Regulations, Comprehensive Plan and Code of Ordinances, in order to provide standards by which I I I I I I I I I I 1 I I I I I I 1 flexibility may be accomplished while maintaining and protecting the public’s interest; and WHEREAS, Town Staff has reviewed the Application and has determined that it is consistent with the Town’s Code of Ordinances, the Comprehensive Plan, and the Town’s Land Development Regulations; and WHEREAS, an lnterlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park in or about March 2004 which provided for joint development review of the subject site; and WHEREAS, the Town’s Planning and Zoning Commission held a joint- public hearing with the City of Palm Beach Gardens Planning & Zoning Commission on June 8, 2004, and both Planning & Zoning Commissions have recommended approval of the rezoning to their respective governing bodies; and WHEREAS, the Town Commission, as the governing body of the Town of Lake Park, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and it’s Land Development Regulations, is authorized and empowered to consider requests related to zoning and land development orders; and WHEREAS, the Town Commission has considered the evidence and testimony presented by the Staff, the Applicant, the Planning & Zoning Commission, and other interested parties; and WHEREAS, this Town Commission has determined that the assignment of the Planned Unit Development (PUD) zoning classification to the subject property would be consistent with the future land use designation of the subject property and that the adoption of this Ordinance is in the best interest of the citizens and residents of the Town of Lake Park, Florida. NOW THEREFORE, be it ordained by the Town Commission of the Town of Lake Park; Section 1: The whereas clauses are incorporated herein as true and correct. Section 2. The Town Commission hereby changes the zoning classification of the subject property as shown on the attached Exhibit “B” from Traditional Neighborhood District (TND) to Planned Unit Development (PUD) Section 3. The Town’s official zoning map is hereby amended to reflect the assignment of the PUD zoning classification to the subject property. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon passage. I I 1 I I 1 I 1 1 I 1 1 RESOLUTION NO A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA APPROVING THE SITE PLAN FOR NORTHLAKE SQUARE EAST FOR DEVELOPMENT APPROVAL OF A 131,839 SQUARE FOOT RETAIL CENTER ON A 10.83 ACRE PORTION OF A 19.12 ACRE SITE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Commission, as the governing body of the Town of Lake I Park, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the Town’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the Town of Lake Park received an application (“Application”), from Urban Design Studio and Kimley-Horn and Associates, (“Agents”) for the Target Corporation (“Applicant”) for development approval of a 13 1,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park; and WHEREAS, the proposed site plan request is presented concurrent with a request to rezone the property from Traditional Neighborhood Development (TND) to Planned Unit Development (PUD) in the Town of Lake Park, and from Research and Light Industrial Park District (MI) to PUD with an underlying CG-1 district designation in the City of Palm Beach Gardens; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park in or about March 2004 for a joint development review of the subject site; and WHEREAS, the Town’s Planning and Zoning Commission reviewed the Site Plan at a public hearing conducted on June 8, 2004, and has recommended it’s approval; and I I I I I I I I I I 1 I 1 1 1 WHEREAS, the Town Commission has considered the evidence presented to it by the Town Staff, the Applicant, and other interested parties and members of the public, regarding the Application’s consistency with the Town’s Comprehensive Plan and whether it meets the Town’s Land Development Regulations, and WHEREAS, the Town Commission has determined that certain conditions as set forth herein, are necessary for the Application to be consistent with the Town’s Comprehensive Plan and to meet the Town’s Land Development Regulations; and WHEREAS, the Applicant, it’s successors and assigns shall be subject to the conditions contained in Section 3. NOW THEREFORE, be it ordained by the Town Commission of the Town of Lake Park; Section 1: The whereas clauses are incorporated herein as true and correct findings of fact and conclusions of law of the Town Commission. Section 2. The Town Commission hereby approves the Site Plan application for Northlake Square East, to permit the development of a 131,839 square foot retail center, on a 10.83 acre portion of a 19.12-acre site located at the southeast comer of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, including the list of uses attached hereto as Exhibit “A” and incorporated herein, and subject to the conditions of approval contained in Section 3, which are in addition to the general requirements otherwise provided by local ordinances. Section3. Commission shall be subject to the following conditions: Approval of the Site Plan for the subject property by the Town 1. property. Prior to the issuance of the first building permit, the Applicant shall plat the 2. Prior to the issuance of the first building permit for vertical construction, the Applicant shall provide construction plans in sufficient detail to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. 3. and sealed Photometric Plan. The Applicant shall submit to the Town, for review and approval, a signed 4. Shopping cart corrals shall be provided by the Applicant and shall be screened from view by a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. 5. All mechanical equipment shall be screened from view. 6. streets and pedestrian walkways. Metal halide lighting shall be used within the vehicular parking area, along 7. on pedestrian walkways. No glare lighting shall be used. Building lighting shall be installed around the entire building perimeter and 8. or near entryways and all exits including emergency exits. Timer clock or photocell lighting shall be provided for nighttime use above 9. Prior to the issuance of the first building permit for vertical construction, the Applicant shall work with the Palm Beach County Sheriffs Office, to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Palm Beach County Sheriffs Office shall have final approval on the required number of cameras and location within the Planned Unit Development (PUD). 10. growth. Landscaping shall not conflict with lighting, including long-term canopy tree 1 1. 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 1 SO-degree peephole viewers. e. Exterior roll-up doors shall be target hardened. f. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. 12. Numerical addresses for the buildings shall: a. Be illuminated for nighttime visibility and be unobstructed; b. Have bi-directional visibility from the roadway; and c. Be placed at the front and rear of each business. 13. Within six (6) months of the issuance of any land alteration permit, the Applicant shall install and maintain the landscaping, irrigation, hardscape, and lighting from Congress Avenue to the eastern terminus of the property and all of the I I D I I I I I I I I I 1 1 ~ I I I southern roadway shoulder of Northlake Boulevard between the eastern and western terminus of the subject property 14. Lighting, landscaping and irrigation within adjacent medians, adjacent roadway shoulders, and pedestrian pathways for Congress Avenue shall be installed within six (6) months of the issuance of the first clearing permit. 15. The Applicant, it’s successors, and assigns, shall be responsible for its fair share of landscaping and irrigation maintenance with the Congress Avenue right-of- way median and road shoulder from Northlake Boulevard to the southern terminus of its property. 16. Prior to issuance of a permit for any land alteration (clearing), the Applicant shall submit, for Town approval, a landscape plan for the Congress Avenue medians and roadway shoulders for the areas adjacent to the subject site, excluding the area previously accounted for within the Northlake Square West Planned Unit Development (PUD). The proposed landscape plan shall be consistent with the approved plan for the medians adjacent to Northlake Square West Planned Unit Development (PUD). 17. Within six (6) months of the issuance of the clearing/land alteration permit, the Applicant shall install and maintain the landscaping and irrigation, as permitted by Palm Beach County, within the Congress Avenue right-of-way median and easterly road shoulder from Northlake Boulevard to the southern terminus of its property. 18. consent from the utility easement owner(s), allowing light fixture poles and/or landscaping within their utility easements. Prior to construction plan approval, the Applicant shall provide a letter of 19. Prior to issuance of the first Certificate of Occupancy, the Applicant shall provide an exclusive right-turn ingress lane at the Northlake Boulevard driveway. 20. provide an exclusive right-turn ingress lane at the Congress Avenue driveway. Prior to issuance of the first Certificate of Occupancy, the Applicant shall 2 1. Prior to issuance of the first Certificate of Occupancy, the Applicant shall Provide an exclusive left-turn ingress lane at the Congress Avenue driveway. 22. Traffic Impact issues related to the project. Prior to the scheduling for City Commission, the Applicant shall resolve all 23. All delivery and/or loading areas shall be screened from view from Northlake Boulevard, Congress Avenue, and Killian Drive, and all principal parking areas with a combination of landscaping and walls. The exterior finish on all walls shall be consistent with the color and character of the main structure. 24. Overnight storage or parking of delivery vehicles, trucks or trailers shall not be permitted on the site except within designated loading areas indicated on the site plan 25. shall not be permitted. No outdoor speaker or public address systems, which are audible off-site, 26. screened from view. This includes staging areas. Outdoor storage or placement of any material, refuse, or equipment shall be Section 4. waivers: The Town Commission hereby approves the following 1. Waiver from Town Code 32-86-f-5 (Minimum Parking Dimensions), to allow for nine and one-half (9.5) foot wide parking stalls. 2. Waiver from Town Code 32-86-f-5 (Wheelstops), to allow for the elimination of required wheel-stops. 3. Waiver from Town Code 32-86, Schedule 32-86-1 (Number of required spaces), to eliminate 1 18 required spaces. 4. Waiver from Town Code Section 32-146-h-2 (Tree Spacing), to allow for an increase in spacing from 20 feet to 30 feet. 5. Waiver from Town Code Section 32- 146-a- 1 (Minimum Landscape Requirements, non-residential), to increase the percentage of sod used in the landscape area from 40% to 69% 6. Waiver from Town Code Section 32-80 Table 32-86-1 (Minimum Parking Bay Dimensions), to allow a reduction in the parki'ng stall length from 18 to 16.5 with a (1.5 over-hang). Section 5. on file with the Town of Lake Park. This approval shall be in compliance with the following plans 1. Northlake Square West Site Plan, Sheet 1 of 1, Urban Design Studio, May, 5, 2004. 2. Boundary Survey, Sheet C2, Lidberg Land Surveying, Inc., September 14, 2000. 3. Existing Conditions, Demolition Plan, Erosion and Horizontal Control Plans, sheets C3 through C5, Kimley Horn and Associates, May 5,2004. 4. Signage and Marketing Plan, Sheet C6, Kimley Horn and Associates, May 5, 2004. 5. Paving, Drainage and Grading Plans, Sheets C7 through C8, Kimley Horn and Associates, May 5,2004. 6. Northlake & Congress Driving Plans Sheets C9 & C9A, Kimley Horn and Associates, May 5, 2004. 7. Paving, Grading and Drainage Details & Seacoast Utility Details, Kimley Horn & Associates, Sheets C 10 through C 14, May 5, 2004. 8. Signage Plan, Sheet C 15, Kimley Horn and Associates, May 5,2004. 9. Landscape Plan, Sheet LA PP, Kimley Horn and Associates, May 5,2004 10. Hardscape Details & Irrigation Plans, Sheets LA5 through IR-2, Kimley Horn and Associates, May 5,2004. 1 1. Photometric and electric plans, Sheets SE-1 through SE-4, Kimley Horn and Associates, May 5,2004. 12. Target, Floor Plans, Sheets A1 through A1 D, KKE Architects, May 17,2004. 13. Target Roof Plans, Sheet A4, KKE Architects, May 17, 2004. 14. Target, Elevations, Sheets A8 through ASb, KKE Architects, May 17,2004. Section 6: Adoption of Resolution This Resolution shall become effective immediately upon by the Town of Lake Park, Florida. (This space has been intentionally left blank.) I 1 1 I I I ~~ I . I I I I I I I I I I I I I I I The foregoing RESOLUTION was offered by Commissioner moved its approval. The motion was seconded by Commissioner and being put to a vote, the result was as follows: , who 9 AYE NAY MAYOR PAUL CASTRO VICE MAYOR CHUCK BALIUS COMMISSIONER PAUL GARRETSON COMMISSIONER ED DALY COMMISSIONER JEFF CAREY The Mayor thereupon declared Resolution No. adopted this __ day of August, 2004.. duly passed and TOWN OF LAKE PARK, FLORID A BY: Mayor Paul Castro ATTEST: sufficiency Approved as to form and legal Stephanie Thomas Interim Town clerk Thomas J. Baird, Town Attorney (Town Seal) J IC’ I I I I I 1 I I I I I I I I I I I I I Exhibit C INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS INTERLOCAL AGREEMENT (“Agreement”) is made this day of , 2004, by and between CITY OF PALM BEACH GARDENS, a municipal corporation, and TOWN OF LAKE PARK, a municipal corporation. WHEREAS, the owners of portions of a 19.12-acre (“owners”), more or less, parcel of land generally located on the southeast corner of Congress Avenue and Northlake Boulevard seek to develop the Site (“Site”) as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the site is within the City of Palm Beach Gardens (“City”) and 10.83 acres or 57% of the “Site” is within the Town of Lake Park (“Town”), the legal description of which is more particularly described on Exhibit “A,” which is attached hereto and incorporated herein; and WHEREAS, because the Site is planned to be developed by making use of the property located in both the Town and the City, an Interlocal Agreement is in the best interest of all parties; and WHEREAS, the Site is significant because of its location as a gateway to both the Town and the City; and WHEREAS, it is the intent of the City and Town 3 L, 71’1 & to establish consistent land development regulations for the Site; and WHEREAS, the City and Town propose to provide a process for centralized development review, permitting, and code enforcement so as to enable the owner(s) of the Site to develop and utilize the property in accordance with the comprehensive plans and land development regulations of both municipalities; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Florida Statutes, to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination ? and a mutual desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this 1 1. I I I I I I I I I I I I I 1 I ~1 I 1 Ag ree m e n t . NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent, covenant, and agree as follows: 1. RE C I TALS . The foregoing recitals are true and correct and express the City’s and Town’s mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT. (a) City and Town shall each appoint an “Administrator” for the purposes of this lnterlocal Agreement to coordinate the administration of the review of applications for applications for development of the Site between the municipalities. (b) It is contemplated that the proposed development of the Site will require a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications for consistency with their respective land development regulations, comprehensive plans, & /W€G& but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. 7 .. (c) In order to maintain an orderly development review process, the Town be responsible for leading the processing of all development applications with regard to the Site. The Town and City shall review all applications jointly, and the scheduling of all applications shall be mutually agreed upon. The Planning and Zoning staff of each municipality shall each issue a staff report and recommendation. The recommendations of each staff shall be considered, and acted upon, by both municipalities’ Planning and Zoning bodies and the City Council and Town Commission at joint public meetings to be noticed and scheduled jointly through the Administrators. (d) This Agreement shall apply to any expansion or contraction area of the Site for this specific project, which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding pro-rata calculations as defined herein. (e) Prior to the Planning and Zoning Commission public hearing, the parcel owner shall submit an agreement acceptable to the City to provide for payment of fees to the City in lieu of road, police and fire impact fees. (9 Property taxes for the buildings and other improvements on the Site shall be 2 I I I 1 1 I I 1 I prorated to each municipality based on percentage of the Site located within the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County Tax Collector. (9) Service provision shall be as described below: (1) The Town and City shall both collect the required application fees and related costs for planning, legal, engineering, and other professional services. The municipality in which the structure is located shall collect the required building permit fees and occupational license fees, and that municipality shall perform all necessary building inspections. If a structure is located within both municipalities, the Town shall collect the required building permit fees and perform all necessary building inspections. Site development permits for the entire site shall be reviewed and approved by both municipalities and issued by the Town. All applications for building and landscaping permits and certificates of occupancy shall be submitted simultaneously to the City and Town for review. Neither Tihe Town nor the Citv shall R& issue any permits or certificates of occupancy until the other municipality has approved the applications and notified the issuing municipality of its approval in writing. (h) A single plat for the Site shall be approved by both municipalities. The owner shall be required to provide a Unity of Control acceptable to the City and Town for the affected property should it ever be subdivided into separate tracts under different ownership. (i) All future development applications, including amendments to the development order for the Site, shall require joint review and approval by the municipalities, consistent with the above-described process. 3. FIRE PROTECTION. Fire protection for the entire site will be provided on a first response basis. 4. POLICE PROTECTION AND CODE ENFORCEMENT. The municipal boundaries for each municipality shall be designated on the approved Site Plan. Jurisdiction for the enforcement of police protection and applicable code requirements shall be based upon the physical/geographical location of any alleged violation and the municipality in which the alleged violation is located shall have police protection and code enforcement responsibility. In the event that an alleged violation exists in both municipalities and/or a violation of one or more conditions of approval of the approved Site Plan or plat exists, both municipalities shall have concurrent jurisdiction for purposes of police protection and code enforcement. 3 I: I I I I I I I I I I I 1 I m I I . 5. NORTHLAKE BOULEVARD OVERLAY DISTRICT. .. . The Town acknowledge2 that 2 &the City has adopted the procedures and requirements of the NBOZ. 6. MODIFICATION OR TERMINATION OF AGREEMENT. This Agreement may be modified or terminated only upon majority vote of the governing body in each municipality. 7. DU RAT1 ON. This Agreement shall be terminated if the site is not developed as a unified parcel requiring joint approvals by both the Town and City. 8. RECORDATION IN PUBLIC RECORDS. This Agreement shall be recorded in the Public Records of Palm Beach County. 9. LEG I SLAT I VE POW E R . This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the Administrator. IO. GOVERNING LAW. This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. 11. COUNTERPARTS. This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. 12. EFFECTIVE DATE. This Agreement shall be effective upon full execution by the City and Town. (The remainder of this page left intentionally blank) 4 I I I I I I I I I I I I I 1 1 1 1 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Tatum, City Attorney EXECUTED BY THE TOWN this day of ,2004. TOWN OF LAKE PARK, FLORIDA ATTEST: BY: Carol Simpkins, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Thomas J. Baird, Town Attorney 5 BY: Paul Castro, Mayor krrm -D'JMtC PLACES -- TARGET Cm OF PALM BEACH GARDENS, FL AND TOWN OF LAKE PARK, FL ('f I! 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