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HomeMy WebLinkAboutAgenda Council Agenda 090704 Joint with Lake Park - No QuorumCity of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park September 7, 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 September 7, 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. 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 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 49-08-04a 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. b. (Staff Report on Page 4, Ordinance on Page 70)_Ordinance 30, 2004 (2nd Reading and Adoption) – 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 and Resolution 136, 2004 are companion items to Ordinance 30, 2004 and will require Council action. (Resolution on Page 74)_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. (Resolution on Page 84)_Resolution 136, 2004 – Agreement for Payment of Fees in Lieu of Impact Fee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement between Target Corporation, a Minnesota Corporation, and the City of Palm Beach Gardens relating to a payment in lieu of impact fees for a parcel of land located at the Southeast corner of Northlake Boulevard and Congress Avenue, as more particularly described herein; 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 11,2004 Meeting Date: September 7,2004 Ordinance 30,2004 Resolution 135.2004 & Resolution 136.2004 Subject/Agenda Item: Ordinance 30,2004 & Resolution 135,2004: Target Planned Unit Development (PUD) (a.k.a. Northlake Square East); Resolution 136,2004: Agreement for Payment in-lieu of Impact Fees. Public Hearing and Second 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 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. [XI Recommendation for APPROVAL with conditions and six waivers 1 ] Recommendation to DENY ~~ ~ Reviewed by: Division Director Tala1 M. Benothman, AIC Planning and Zoning City Attorney Finance NIA Developmen Compliance AICP Administrato Approved By: Ronald M. Ferris - Originating Dept.: Growth Manage& Project Manager Kara Irwin Senior Planner Action: [ ] Quasi-judicial [ ] Legislative [ X ] Public Hearing Advertised: Date: 08/23/04 Paper: Palm Beach Post [XI Required [ 3 Not Required Affected Parties: LX ] Notified [ 3 Not Required FINANCE: N/A Costs: $ NIA Total !3 NIA Current FY Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: NIA City Council Action: [ ]Approved [ ] App. w/ conditions [ ] Denied [ ] Rec. approval [ 3 Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: 0 Waiver Justification 0 Interlocal Agreement 0 Site Plan 0 Landscaping Elevations Ordinance 30,2004 Resolution 135,2004 Resolution 136, 2004 Date Prepared: June 1 1,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 2 of 10 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 from 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 31, 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. Sinnaae 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 I, 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 buildingtenant 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. PhasinK 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 southhouthwest into several low lying areas. The subject parcel lies within Federal Emergency Management Agency (FEMA) flood Date Prepared: June 11,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 5 of IO 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 exfiltration 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 beauti@ 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] south - 54 sq. ft. East - 54 sq. ft. , North - 85 Sq. ft. Date Prepared: June 1 1,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 6 of 10 Waivers Code Section Required Provided I Waiver tecommendation ection 78-344( 1)( 1) Parking Stall and Bay Dimensions 10’ x 18.5’ 9.5’ x 18.5’ I .5’ support Section 78-344 (1) (l)(a) Parking Space Length 18.5’ length support overhang 2.5’ of pavement landscape area Overlooks, sidewalks, arbors Overlooks, sidewalks, arbors Section 78-563 (e) Lake Maintenance Easement Encroachments Section 78-563 Lake Maintenance Easement Section 78-285 Wall Sign support No buildings, structures 20’ 13’ 7’ support 1 Sign Per Building 5 Signs 3 Signs support South - 144 Sq. A West - 144 sq. ft. Vorth- 175 Sq. ft support support support Section 78-285 Wall Sign Size Max. 90 square feet * 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 1 I, 2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 7 of IO 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 Reauirement: 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 Requirement: Section 78-285 Signage, allows a maximum of one sign for a principal tenantibuilding 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 11,2004 Meeting Date: August 16,2004 Ordinance 30,2004 & Resolution 135,2004 Page 9 of 10 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 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 IO TABLE 1 ;NING AND LAND USE DESIGNATIONS h II EXISTING 55 Code Requirement Minimum Building Setbacks: Front 50’ Side 15’ Side (Street Facing) 40’ Rear 15’ Maximum Building Height 36’ + architectural features per 178-184 of LDIU55’NBOZ Maximum Lot Coverage 35% Parking 528 spaces Parking stall width 10’ X 18.5’ II EXISTING USE Proposed Plan Consistent? - +860’ Yes +36’ Yes - 4 07’ Yes - +380’ Yes 33’ 4” Yes 15.8% Yes 545 spaces Yes 9.5’ X 16.5’ No - waiver requested Subiect Property VacantNndeveloped NA Applebee’s Restaurant, Pep Boys Auto Shop, Walgreens, & Pol10 Tropical South Vacant Land West Northlake Square West West Northlake Square West East K-MzPlaza East K-MzPlaza ZONING I LAND USE II Research and Light Industrial Park (MI) Commercial (C) General Commercial (CG-1) Commercial (C) Mixed Commercial & Light Industrial (MC/LI) (Town of 1,ake Park) Business District (C2) (Town of Lake Park) Planned Unit Development (PUD) I II with an underlying General Commercial (CG-1) zoning Commercial (C) II I II designation C1 Business District ll Commercial (C) TABLE 2 CONSISTENCY WITH THE CODE Open Space 15% or .88 AC 1 47% I Yes Bicycle Spaces 27 spaces I 27 spaces I Yes Number Monument Signs 3 I 3 I Yes 1 RUG. 31.2884 4 : 25PM L Departmenr of Engineering and Public Wrkr P.0. BOX 21229 west Palm Beach. FL SSQI 6-1229 (561) 684-4000 www.pbcgov.com I Palm Bench County Board aP county Commiccionera wren ?, Mercus, Chair Tony MasiloUi. Vlce Chairrnm Jeff Koons wanen H. wewell Mary MCCW Burr Aaronson Addit L, Gfeene PBC TRQFFIC ENG N0.479 P.2 August 31.2004 Ms. Judy A. T. Dye Assistant City Engineer Palm Beach Gardens C/O LBFH Inc. 3550 S. W. Corporate Pkwy. Palm City, FL 34990 RE: Northlake Square East -Target TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Ms. Dye: The Palm Beach County Traffic Division has rcviewed the revised traffic study for the project entitled; Northlake Square East - Tarqet, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach CounIy Land Development Code. The project is summarized as follows: Location: East side of Congress Aveiue, south of Northlake Boulevard. Municipality: Palm Beach Gardens Existing Uses: None Proposed Uses: 131,839 SF of General Commercial Retail New Daily Trips: 4,712 @I 42.13% Pass-by New PH Trips: 109 AM and 436 PM @ 42.13% Pass-by Build-out: 2006 Based on our review, the Traffic Division has d'?terrnined that the revised development plan for the previously approved project (Rarc/!ls 34.01C & 34.032) meets the Traffic Performance Standards of Palm Beach Cobnty'. This approval Is however contingent to the following conditions: I K Development restricted to building perfnits generating no more than 20 peak hour trips (corresponding to 1,350 squrre feet of general retail) until the contract is let to extend the westbound left-turn lanes at the intersection of Northlake ,Boulevard and Congress Avenue. Development restricted to building permits generating no more than 29 peak hour trips (corresponding to 2,350 kquqre feet of general retail) until the contract is let to extend the northbound right-t irn lane at the intersection of Northlake Boulevard and Congress Avenue.' \ 0 Development restricted to no building permits until contract is let to extend the westbound left turn lanes at the intersection of Silver Beach Road and Congress Avenue. Furthermore, it is suggested for the city tg consider the following: B * Based on the current project traffic c/rculqtion plafl, a considerable number of autos may make a westbound U-turn t the intersection of Northlqke Boulevard and Congress Avenue. It is suggest d for actions to be taken to divert project traffic coming from east on Nonhake 6 Boulevard to use project access I I l ,drivewqys on Congress Avenue. @ printed on recycled paper RUG.31.2084 4:25PM PBC TRRFFIC ENG r i! I I, I N0.479 P.3 August 31,2004 Page 2 All improvements indicated above must be in copjunction with the results of the peak hour intersection queuing analysis in the ”Congress Corridor Traffic Operations Study’’ coqducted by Kimley-Horn & associates, completed in August I1 , 2004, For all above improvements that are not assured, the developer must enter into a Public Facilities Agreement with the County within six month of issuing a development order for the project to assure the project condition. No building permits are to be issued by the town. after the build-out date, specified abave. The Ciounty traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this detelmination, please contact me at 6844030. Sincerely, OFFICE OF THE COUNTY ENGINEER m:m Masoud Atefi, won Sr. Engineer - rqmc cc: Town of Lake Parr Kimley-Horn 8 Assoclatss, lnc. MTP Group, lnc. Flk General - TPS - Mun - Traffic Study Review F:\T~FFICLnaVIdminVIpplpvs16Y)40112.doc I I urban WAIVERNARIANCE RE QUESTS AND JUSTIFICATION STATEMENTS NORTHLAKE SQUARE EAST a.k.a. TARGET STORE PARCEL 34.01 East S.E. Corner Congress and Northlake Boulevard Revised September 291h, 2003 Revised February 24,2004 Urban Design Urban Planning Landscape Architecture July 11,2003 Land Planning For your review and information are the waiver requests and justification statements for the submitted site plan with the reflected code references: 1. Minimum ParkinP Dimensions (PBG Section 78-344 (1M1) 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 requirement. An alternate ten foot spaces plan will be provided as required. 2. Ten Parkine SDaces 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 from 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 from 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 ParkL4pplicationInformation\waivq~ustO22404.wpd Lcc3s 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 stops (PBG Section 78-344(e), NBOZ Article IV E. 4 Section 32-86 f. 5. nd 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 fiee 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. Parkin? SDace Lenpth (PBG Section 78-344(1)(1)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 parkinp spaces fiP - 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 I O:Wobs\Target PBG-Lake Park\ApplicationInfomation\waivejust0224 LCC35 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\Targct PBG-Lake Park\Applicatio~nformation\waivejustOZZ404.~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 (1)(1) 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:Uobs\Target PBG-Lake Park\AppIicationlnformation\waivejust022404.wpd LCC35 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: January 22,2004 RESOLUTION 170,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE CITY OF PALM BEACH GARDENS FOR THE JOINT DEVELOPMENT REVIEW OF A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens and the Town of Lake Park wish to enter into a contract for joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue; and WHEREAS, the Interlocal Agreement establishes a process for review, permitting, code enforcement, and the provision of public services for the subject parcel, as more particularly described herein; and WHEREAS, the objective of the Interlocal Agreement is consistent with the intent and regulations of the Northlake Boulevard Overlay Zoning District; and WHEREAS, the Growth Management Department has recommended approval of the Interlocal Agreement; and WHEREAS, such agreement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for the joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue, as more particularly described below, and hereby authorizes the Mayor and City Clerk to execute the Agreement: 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: $ E 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. \ 2 , 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 $2 %Z Date Prepared: January 22,2004 Resolution 170, 2003 PASSED AND ADOPTED this fi day of f%&da& ,2004. 5 6- 8 ” 9 -e :ATTEST: 5 7%- -\ / . ,. ,- ’ / ARDENS, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO W AYE NAY ABSENT c/ --- \\pbgsRle\Attomeybttomey_share\RESOLUTIONS\Reso 170 2003 - interlocal with lake park - northlake.doc 3 INTERLOCAL AGREEMENT HIS INTERLOCAL AGREEMENT (“Agreement”) is made this /a 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 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 tbe 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. (f) 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 (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. NORTHLAKE BOULEVARD OVERLAY DISTRICT. The Town acknowledges that the City has adopted the procedures and requirements of the NBOZ. MODIFICATION OR TERMINATION OF AGREEMENT. I 6. This Agreement may be modified or terminated only upon majority vote of the governing body in each municipality. 7. DURATION. 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. 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. 10. 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 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 sr” day of 6&3- ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: ” ATTEST: BY: - -PatriciaSnider, .~, ‘ City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Tatum, City Attorney EXECUTED BY THE TOWN this / 8 day of Fd ,2004. TOWN OF LAKE PARK, FLORIDA BY: Paul Castro, Mayor APPROVED AS TO FORM AND LEGAL SU FF I C IEN CY: BY: \\pbgsfile\A~omey\atey-share\AGREEMENTS\Targetlnterlo~lAgrO1.21.04-clean - 1 -23-04.d~ E:\TJB\LP.General\Agtements\TargetlnterlocalAgrOl.2 1.04.doc 5 RESOLUTION NO1 3-02-04 A RESOLUTION OF THE TOWN COMMtSSION 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 factsand conclusions of law of the Town Commission. Section 2. The Town Commission hereby approves the Interlocal Agreement for a proposed development of a 19.1 2 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. 2 I The foregoing Resolution was offered by Commissioner Garretson , who moved its adoption. The motion was seconded by Commissioner Otterson , and upon being put to a roll call vote, the vote was as follows: AYE NAY MAYOR PAUL W. CASTRO X VICE-MAYOR G. CHUCK BALIUS X COMMISSIONER PAUL GARRETSON X COMMISSIONER BILL OTTERSON X COMMISSIONER JEANINE LONGTIN X - The Mayor thereupon declared the foregoing Resolution No. 13-02-04 duly passed and adopted this 18'h day of February, 2004. ATTEST: TOWN TOWN OF LAKE PARK. FLORIDA BY: PAUL W. CASTRO, MAYOR Approved as to form and legal sufficiency: By: TOWN ATTORNEY 3 Lo m li I , (J 'h SEE PAGE 1 - ,,- MATCH LINE (SEE SHEET C2) a I ..- 1 t3 P 0 D W >8 iz v) I m CI #+- I a Y ________i 8 I I' I I il c J ,' --..-I i i / 1 -_ -. ILL I I. ,- i' CD I W E 2 0 MATCH LINE (SEE SHEET C9) 1-- !?I' 6 W I C E r 11 5 P i n I' ,I ,f ,I, ?' P I' i IIII IIII iiii iiii 'I 'i 'I E .. . 3- : E 8i 5: f: MATCH LINE (SEE SHEETC8) I . -. -- I, - 'I I I I I I I I I- 7 I I I I 'I 1' , I I I 1 I I I I I- .A , I I I I I I I I I 1 I I I I I I I I I I I I I I -1 I I 1 I I I I I I I I I I 21 1 I I 1:: i I e: I 1 I I' I I, 8, ,, I 1 , .!',' *" - 1, -+'- __- I I I I I - 1 'I /4" '\ \ \ \ I I -I I I L I -- :E\ I 3'-t bt: i> I I roR RWING L ZONING REVIEV ONLY-NOT FOR I I I 1 I I i I i I ! ! I .I ! I ~- !Iiii -- I. I I I smn * , 1- I t ? I T i b 7 11 - 1: 4- I ;! I f- '.-I c--" IF .@ II IJ FOR PLANNING L DmSTRCTlOH i Proposed Lake 286 AC water I /Ill LAKE PARK, FL Notional Accounts Cooper Lighting io Wayne Tokkesdol 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from a zoning designation of 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 OIo1 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 OIo1 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 80O09'39" 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 05O05'48", AND A RADIAL BEARING OF NORTH 81O31'35" 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 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 88°07'17" 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 0l0O2'37'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 281.3 FEET; THENCE NORTH 46OO5'27'' 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 na nce . 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 PASSED this 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\ORDlNANCES\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 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: 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The proposed Master Development Plan is consistent with Objective 1.1.9 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 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: 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 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 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 05O05'48" 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°21113" 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 35 6. 36 37 38 39 40 41 42 43 44 45 46 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 Parks 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. (Planning & Zoning) 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) Within thirty (30) days of the project approval and prior to the City’s approval of and the Town of Lake Park’s issuance of any permits, the applicant shall submit an administrative application for the following changes to the approved plans required by the Town of Lake Park Commission and the City of Palm Beach Gardens City Council: a. The applicant shall revise the landscape plan to include more palms/trees around the perimeter of the building to the satisfaction of the Town of Lake Park Community Development Director and the City of Palm Beach Gardens City Forester. In addition, the applicant shall increase the heighvmaturity of the existing tress/palms to the satisfaction of the Town of Lake Park Community Development Director and the City of Palm Beach Gardens City Forester. 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 b. The applicant shall revise the plan to revise the color of the proposed bollards within the Planned Unit Development. The bollards shall be consistent with one of the colors of the building and shall be approved by the Town of Lake Park Community Development Director and the City of Palm Beach Gardens Development Compliance Officer. The bollards shall not be painted red as currently depicted on the proposed plan. c. The applicant shall revise the plan to provide aeration within all lakes provided on the site, including the southern lake which provides drainage capacity for the Congress Avenue right-of-way, providing the applicant receives approval from Palm Beach County, if required. d. The applicant shall revise the building identification signage on the front (north) elevation of the building. The proposed logo shall be consistent in size to the proposed logo on the right (east) elevation of the building, and the business name shall be reduced proportionate to the reduction of the logo. (City Council) CPTED 7. 8. 9. IO. 11. 12. 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) 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) Landscaping, including long-term canopy tree growth, shall not conflict with lighting. (City Forester, Police) 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. 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 Date Prepared: June 15, 2004 Resolution 135, 2004 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) 13. 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) Landscaping 14. 15. 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) Within six (6) months of the City’s approval of and the Town of Lake Park’s 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 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) 6 Date Prepared: June 15,2004 Resolution 135, 2004 1 16. 2 3 4 5 6 7 8 9 17. 10 11 12 13 14 18. 15 16 17 18 19 19. 20 21 22 23 24 25 26 20. 27 28 29 30 31 21. 32 33 34 35 36 22. 37 38 39 40 41 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 clearinglland 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) 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) The applicant, successors, or assigns shall provide their best efforts to maintain the transplanted and relocated banyan trees depicted on the landscape plan. If a tree does not survive the transplant, despite the applicant’s best efforts, it shall be replaced with an equal or better specimen of shade tree, as approved by the City Forester. (City Council) 42 Engineering & Concurrency 43 44 23. The build-out date for the project is December 31, 2004, unless expressly 45 46 extended by the City in accordance with Ordinance IO, 2003. (Engineering) 7 Date Prepared: June 15,2004 Resolution 135, 2004 1 24. 2 3 4 5 25. 6 7 8 9 26. 10 11 12 13 27. 14 15 16 17 28. 18 19 20 21 22 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 E ng i nee r) The applicant shall comply with all conditions as outlined in the traffic performance standards review (concurrency approval) letter completed by Masoud Atefi of the Palm Beach County Traffic Division dated August 31 , 2004. (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 23 hereby approves the following six (6) waivers: 24 25 1. 26 27 28 2. 29 30 31 3. 32 33 34 4. 35 36 37 38 5. 39 40 41 6. 42 43 44 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. 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 1 3-fOOt lake maintenance easement. SECTION 4. This PUD approval shall be in compliance with the following plans 45 on file with the City’s Growth Management Department: 46 8 Date Prepared: June 15, 2004 Resolution 135. 2004 1 1. 2 2. 3 4 3. 5 6 4. 7 8 9 5. 10 11 12 6. 13 14 15 7. 16 17 18 8. 19 20 21 9. 22 23 IO. 24 25 11. 26 27 12. 28 29 13. 30 31 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, 06.17.04, Kimley-Horn and Associates, Sheets C5 through C6 & C11. Signage and Marking Plan, 06.1 7.04, Kimley-Horn and Associates, Sheets C9- c10 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 AI D. Target Roof Plans, May 17, 2004, KKE Architects, Sheet A4. Target, Elevations, May 17, 2004, KKE Architects, Sheets A8 through A8b. (The remainder of this page left intentionally blank) SECTION 5. This Resolution shall become effective immediately upon adoption of 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 16 by the Town of Lake Park. 9 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 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY -- AYE NAY ABSENT \\PbgsfileWttomey\attorney-share\RESOLUTlONS\target master plan approval -reso 135 2004 - revised1 .doc 10 Date Prepared: June 16,2004 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 136,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT BETWEEN TARGET CORPORATION, A MINNESOTA CORPORATION, AND THE CITY OF PALM BEACH GARDENS RELATING TO A PAYMENT IN LIEU OF IMPACT FEES FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Target Corporation, the owner of a 19.12-acre parcel of land, generally located on the southeast corner of Congress Avenue and Northlake Boulevard seeks to develop the site as a unified project; and WHEREAS, the development of the 131,839 square foot retail Target store will impact the City’s roads and police and fire services; and WHEREAS, it is the policy of the City to have new development address its impacts on the City’s roads and police and fire services through payment of impact fees; and WHEREAS, the Developer agrees that payment in lieu of impact fees is in its interest; and WHEREAS, in the spirit of coordination and the desire to promote good community planning, the City and the Developer recognize that it is in their mutual best interests to enter into this Agreement; and WHEREAS, the Growth Management Department has recommended approval of the Agreement; and WHEREAS, such Agreement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The City Council hereby accepts and approves the Agreement for payment in lieu of impact fees between the City of Palm Beach Gardens and Target Corporation, a Minnesota corporation, for a parcel of land located at the southeast 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 Date Prepared: June 16, 2004 Resolution 136, 2004 corner of Northlake Boulevard and Congress Avenue, and hereby authorizes the Mayor and City Clerk to execute the Agreement: SECTION 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED 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 SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR SABATELLO --- COUNCILMEMBER RUSSO --- COUNCILMEMBER DELGADO --- G:\attorney-share\RESOLUTlONS\target- impact fees in lieu of agmt - reso 136 2004.doc cdj 2 AGREEMENT FOR PAYMENT IN-LIEU OF IMPACT FEES FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS AGREEMENT FOR PAYMENT IN LIEU OF CITY IMPACT FEES (Agreement) is by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter “City”) and Target, a Minnesota corporation, its successors, and/or assigns (hereinafter “Developer”). WHEREAS, the Developer and owner of portions of a 19.12-acre, more or less, parcel of land, generally located on the southeast corner of Congress Avenue and Northlake Boulevard and as further described in Exhibit A, attached hereto and incorporated herein (the “Site”), seek to develop the Site as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the Site is within the City of Palm Beach Gardens, and 10.83 acres or 57% of the Site is within the Town of Lake Park; and WHEREAS, the development of the 131,839 square foot retail Target store will impact the City’s roads and police and fire services; and WHEREAS, it is the policy of the City to have new development address its impacts on the City’s roads and police and fire services through payment of impact fees; and WHEREAS, the Developer agrees that payment in lieu of impact fees is in its interest; and WHEREAS, in the spirit of coordination and the desire to promote good community planning, the City and the Developer recognize that it is in their mutual best interests to enter into this Agreement. NOW , THEREFORE, in consideration of the obligations and undertakings described below, the City and Developer do hereby enter into this Agreement and represent, covenant, and agree as follows: 1. RECITALS The foregoing recitals are true and correct and express the City’s and Developer’s mutual interests in development of the Site. 2. IMPLEMENTATION OF AGREEMENT The Developer, at the time of issuance of building permits for vertical construction, shall make a payment in lieu of City impact fees to the City. The fees shall be determined by applying Section 78-92, Fees, to the entire 19.1 2-acre site improvements (including the building located within the jurisdiction of the Town of Lake Park). The Developer acknowledges that the City is currently in the process of amending the impact fee schedule, and agrees that the calculation of fees will be based upon the schedule in effect on the date the first building permit for vertical construction is issued. 3. MODIFICATION OF AGREEMENT This Agreement may be modified only upon amendment in writing by the City and the Developer. 4. DURATION This Agreement shall remain in effect unless amended in writing by both parties. 5. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded by the Developer in the Public Records of Palm Beach County and in the records of the City. 6. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. 7. COUNTERPARTS This Agreement may be executed via facsimile in one or more counterparts, each of which together shall constitute one and the same instrument. 8. EFFECTIVE DATE This Agreement shall be effective upon full execution by the City and the Developer. 2 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. ATTEST: CITY OF PALM BEACH GARDENS By: BY: Patricia Snider, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY By: 2 Christine P. Tatum, City Attorney EXECUTED BY THE TARGET this day of , 2004. ATTEST: TARGET CORPORATION , its Successors and/or Assigns By: By: Print Name Print Name \\pbgsfile\Attomey\attorney-share\AGREEMENTS\PUD-03-09 paymentinlieuagreement 7-20-04.13 3 EXHIBIT A 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°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 FEET TO A POINT ON THE 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 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 05O05'48", AND A RADIAL BEARING OF NORTH 81°31'35" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID EAST SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD AS DESCRIBED IN RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL RECORDS 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 LIN E 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 DISTANCE OF 126.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" NORTHERLY ALONG THE ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A 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 01°02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD DISTANCE OF 281.3 FEET; THENCE NORTH 46O05'27" EAST A DISTANCE OF 56.61 AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88O26'21" EAST ALONG SAID BEG INNING. SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 FEET TO THE POINT OF CONTAINING IN ALL 19.12 ACRES, MORE OR LESS.