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
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Town of Lake Parr
Kimley-Horn 8 Assoclatss, lnc.
MTP Group, lnc.
Flk General - TPS - Mun - Traffic Study Review
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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
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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
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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.
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Date Prepared: January 22,2004
Resolution 170, 2003
PASSED AND ADOPTED this fi day of f%&da& ,2004.
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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
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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.
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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.
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(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.
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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.
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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)
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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~
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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.
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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.
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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
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286 AC water
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LAKE PARK, FL
Notional Accounts Cooper Lighting
io Wayne Tokkesdol
Date Prepared: June 15,2004
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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
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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
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Ordinance 30, 2004
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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)
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Date Prepared: June 15,2004
Ordinance 30,2004
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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
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Date Prepared: June 15,2004
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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
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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:
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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
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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.
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Date Prepared: June 15,2004
Resolution 135,2004
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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.
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Date Prepared: June 15, 2004
Resolution 135, 2004
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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
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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.
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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
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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)
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Date Prepared: June 15,2004
Resolution 135, 2004
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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
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extended by the City in accordance with Ordinance IO, 2003. (Engineering)
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Date Prepared: June 15,2004
Resolution 135, 2004
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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:
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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:
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Date Prepared: June 15, 2004
Resolution 135. 2004
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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
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Ordinance 16 by the Town of Lake Park.
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Date Prepared: June 15, 2004
Resolution 135,2004
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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
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Date Prepared: June 16,2004
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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
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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
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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.
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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
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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.