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Home My WebLink AboutAgenda Council Agenda 100704 JointCity of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park October 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 October 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 72, Resolution 135 on Page 76, Resolution 136 on Page 86) 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 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 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: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Sub j ect/Agenda I tem: 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 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. [XI Recommendation for APPROVAL with conditions and six waivers ] Recommendation to DENY Reviewed by: Division Director Tala1 M. Benothman, AIC Planning and Zoning Christine Tatum Finance N/A Developmen Compliance AICP Admmistrato Approved By: Ronald M. Ferris - Originating Dept.: Growth Manage6 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: JJ 3 Notified [ ] Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ 3 Operating [XI Other N/A Budget Acct.#: N/A City Council Action: [ ]Approved [ 3 App. w/ conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. wl conds. [ 3 Rec. Denial [ ] Continued to: Attachments: 0 Waiver Justification Interlocal Agreement Site Plan Landscaping Elevations 0 Ordinance 30,2004 Resolution 135,2004 Resolution 136, 2004 Date Prepared: June 1 1,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 2 of 12 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. Although all of the vertical construction, which is used to determine the assessment of City Impact Fees, is located within the boundaries of the Town of Lake Park, the City Services will still be impacted. The applicant is proposing to pay 43% of the assessed impact fees. The City Staff has proposed that the applicant pay 100% of the impact fees for the proposed project. The impacts on the City’s services and roadways are the same, regardless of the location of the building on the site. By locating the building within the boundary of Lake Park, the applicant avoids paying their fair share of the impact fees associated with the project, as the Town of Lake Park does not have provision for collecting impact fees. Staff recommends approval of Resolution 136,2004, which approves the Agreement for Payment- in-Lieu of Impact Fees for 100% of the subject site, which should be considered prior to 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 after the second reading of Ordinance 30,2004. Date Prepared: June 11,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 3 of 12 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 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 81,300 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. Date Prepared: June 11,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 4 of 12 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 hveway 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. Signage 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. The first sign will be located immediately east of the Northlake Boulevard access driveway, the second monument sign is proposed on the south side of the access driveway off Congress Avenue closest to Northlake Boulevard, and the third monument sign is located on the south side of the Congress Avenue access driveway located approximately 370 feet south of the previous signage location. The applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to allow for additional wall signs on the building. The applicant has requested approval for five (5) wall signs in lieu of the maximum one sign per buildinghenant. The applicant is requesting three (3) major buildinghenant signs and two (2) tenant signs. The applicant is requesting a major tenant identification sign on the rear (south) elevation, side (west) elevation, and the front (north) elevation, as well as signage for the garden center and pharmacy on the front (north) elevation. In addition, the applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to allow more than the maximum ninety (90) square feet of sign copy area for the three Target wall signs. Date Prepared: June 11,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 5 of 12 Landsca ping/Bu ffering The applicant shall be responsible for the installation of landscaping, irrigation, and maintenance of the roadway shoulders and medians (pro-rata share) on Congress Avenue and Northlake Boulevard within six (6) months of the issuance of a land alteration permit. Landscape plans for the Northlake Boulevard median have been already prepared and approved through the Northlake Boulevard Corridor Task Force. The applicant shall be required to follow the approved plan. The applicant is proposing a twenty-foot (20’) landscape buffer along Northlake Boulevard, and a fifteen-foot (1 5’) landscape buffer along Congress Avenue on top of a 2’-3’ berm. The applicant is proposing an eight-foot (8’) buffer along the east and south property lines. Phasing The proposed project will be built in one phase, according to the applicant. Drainage - 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 soutldsouthwest into several low lying areas. The subject parcel lies within Federal Emergency Management Agency (FEMA) flood 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 Date Prepared: June 11,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 6 of 12 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 beautifj the building, such as: horizontal and vertical projections that provide depth and a varied roof line, fenestration, accent materials, and a tower theme that begins at the Northlake Boulevard entrance and continues to the building entrance. The applicant has provided elevations illustrating the architecture of the proposed building. [The remainder of the page intentionally left blank] Date Prepared: June 11,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 7 of 12 Waivers Code Section Required Provided Waiver Recommendation 10’ x 18.5’ 9.5’ x 18.5’ .5’ support 1 8.5’ length overhang 2.5’ of pavement support Section 78-344( 1)( 1) Parking Stall and Bay Dimensions Section 78-344 (1) (l)(a) Parking Space Length Section 78-563 (e) Lake Encroachments Section 78-563 Lake Maintenance Easement 16.5’ with 2 foot landscape area Overlooks, Overlooks, sidewalks, arbors sidewalks, arbors Maintenance Easement No buildings, structures support 20’ 13’ 7’ support Section 78-285 Wall Sign 1 Sign Per Building 5 Signs 3 Signs support support support support South - 144 Sq. ft South - 54 Sq. ft. North - 175 Sq. ft. North - 85 Sq. ft. Section 78-285 Wall Sign Size Max. 90 square feet West - 144 sq. ft. East - 54 sq. ft. * 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 (10) 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 Date Prepared: June 1 1,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 8 of 12 and one-half (1 8.5) feet. 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. Staff recommends approval the waiver request. 3) Lake Maintenance Easement: The applicant is proposing a landscaping and trellis feature within the proposed Lake Maintenance Easement (LME). Code Requirement: Section 78-563 Lake Maintenance Easements, prohibits encumbrances with the 20 foot lake maintenance easements. Staff Recommendation: The applicant is proposing a significant amount of landscaping within the lake maintenance easements for aesthetics purposes. The applicant has provided a design for the lake maintenance easements that includes landscaping while still providing access to the lakes in strategic locations. Staff believes that the proposed design of the landscaping within the lake maintenance easements will benefit the site aesthetically and will not impede the maintenance of the lakes. Staff recommends approval of the waiver request. 4) Lake Maintenance Easement: The applicant is proposing a thirteen-foot Lake Maintenance Easement (LME). Code Requirement: Section 78-563 Lake Maintenance Easements, requires a 20-foot lake maintenance easements. Staff Recommendation: The applicant is proposing a reduced width for the lake maintenance easements surrounding the lakes adjacent to Northlake Boulevard. The applicant has provided a design for the lake maintenance easements that includes landscaping while still providing access to the lakes in strategic locations. Staff believes that the proposed reduction of the width of the lake maintenance easements will not impede the maintenance of the lakes. Staff recommends approval of the waiver request. 5) Signage: The applicant is requesting approval for additional wall signage for the north (1 sign), west (1 sign), and south (1 sign) elevations of the building. The applicant is proposing a total of three identification signs on the building. Code Requirement: Section 78-285 Signage, allows a maximum of one sign for a principal Date Prepared: June 1 1,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 9 of 12 tenanthuilding identification sign. 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. 6) 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 (Resolution 136,2004) On February 5,2004, the City Council adopted Resolution 170,2003, which approved an Interlocal Agreement that provided for the joint development review between the City of Palm Beach Gardens and the Town of Lake Park for the subject site. Approximately 8.29 acres (43%) of the site is within the City of Palm Beach Gardens, and 10.83 acres (57%) of the site is in the Town of Lake Park. The proposed Interlocal Agreement allowed the Town of Lake Park and the City of Palm Beach Gardens to mutually review and approve the development application for the subject parcel. Per the Agreement, the developer was required to submit an agreement for payment in-lieu of impact fees for Date Prepared: June 1 1,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page IO of 12 the project to the City of Palm Beach Gardens. It is City policy to have new development address its impacts on City roads, police and fire services through payment of impact fees. While the entire site impacts the City’s services, the applicant is proposing to only provide impact fees in proportion to the area of the site within the jurisdiction of the City (43%). The Agreement will provide for the payment of the value of impact fees determined by an assessment of the vertical construction by the City’s Building Division during permit review. The City Staff has proposed that the applicant pay 100% of the impact fees for the proposed project. The impacts on the City’s services and roadways are the same, regardless of the location of the building on the site. By locating the building within the boundary of Lake Park, the applicant avoids paying their fair share of the impact fees associated with the project, as the Town of Lake Park does not have provisions for collecting impact fees. Resolution 136,2004 approves the Agreement with 100% of the assessed impact fees payable to the City of Palm Beach Gardens. The Developer has been informed 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. PLANNING, ZONING & APPEALS BOARD RECOMMENDATION On June 8,2004, the Planning, Zoning & Appeals Board held a joint 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 great efforts to address the concerns regarding the architecture, site planning, and requested waivers in order to present a project acceptable to both jurisdictions. CITY COUNCIL On August 15,2004, the City of Palm Beach Gardens City Council and the Town of Lake Park Commission reviewed the subject petition on first reading at a joint development review meeting. The Town of Lake Park Commissioner voted 5-0 in favor of the petition, and the City Council of the City of Palm Beach Gardens voted 3-0 in favor of the subject petition. The City Council and Town Commission required the applicant to address five minor issues prior to second reading of the proposed ordinance and adoption of the proposed resolution. The applicant was directed to revise the plan according to issues related to the signage, the red bollards, the size of trees at planting, the replacement of relocated ficus trees, and the aeration of southern lake. In order to address those issues, staff added conditions of approval to Resolution 135, 2004, which the applicant is required to address within thirty (30) days of approval. Date Prepared: June 1 1,2004 Meeting Date: October 7, 2004 Ordinance 30,2004 Resolution 135,2004 & Resolution 136,2004 Page 1 1 of 12 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: 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 hture land uses. Staff recommends APPROVAL of Resolution 136,2004, which approves the payment of 100% of the assessed impact fees for the Target Planned Unit Development (PUD). Date Prepared: June 1 1,2004 Meeting Date: October 7,2004 Ordinance 30,2004 Resolution 135,2004 &Resolution 136,2004 Page 12 of 12 South Vacant Land (Town of Lake Park) I Subiect Property I Research and Light Industrial Park VacantNndeveloped (MI) Mixed Commercial & Light Industrial (MC/LI) (Town of Lake Park) Business District (C2) (Town of Lake Park) Planned Unit Development (PUD) Commercial (C) Code Requirement mh Applebee’s Restaurant, Pep Boys Auto Shop, Walgreens, & Pol10 Tropical General Commercial (CG-1) Proposed Plan Consistent? Commercial (C) Minimum Building Setbacks: Front 50’ Side 15’ Side (Street Facing) 40’ Rear 15’ Maximum Building Height 36’ + architectural features per 178-184 of LDlU55’NBOZ Maximum Lot Coverage 35% Parking 528 spaces Parking stall width 10’ X 18.5’ Open Space 15% or .88 AC Bicycle Spaces 27 spaces Number Monument Signs 3 - +860’ Yes - +36’ Yes - +107’ Yes - +380’ Yes 33’ 4” Yes 15.8% Yes 545 spaces Yes 9.5’ X 16.5’ 47% Yes 27 spaces Yes 3 Yes No -waiver requested West Northlake Square West with an underlying General Commercial (CG- 1) zoning Commercial (C) I designation I East K-MzPlaza C1 Business District Commercial (C) RUG.31.2004 4:25PM 'I Departmenz of Engineering and Publlc WOrh P.O. BOX 21229 west Rlm Beach. FL 9f416-1229 (561) 664-4000 www.pbcgov.com Palm Beach County Board of county Commisrionem Karen T, Marcus, Chair Tony MasiloKi. Vice Chairman JePP Koons warren H. wewell Mary MCCW Burt Aaronsan Addie L, Gleene 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 rc.viewed the revised traffic study for the project entitled; Northlake Square East - Tarqet, pursuant to the Traftlc Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized qs follows: Location: East side of Congress Aveiue, south of Northlake Boulevard. Municipallty: Palm Beach Gardens Existlng Uses: None Proposed Uses: 131,839 SF of General Commercial Retail New Dally Trips: 4,712 @ 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 3errnined that the revised development plan for the previously approved project (Rarc{!ls 34.01C & 34.03C) meets the Traffic Performance Standards of Palm Beach Cohnty'. This approval Is however contingent to the following conditions: C Deve1opmer)t restricted to building pelpits generating no qore than 20 peak hour trips (corresponding to 1,350 squsre 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 right4 irn lane at the intersection of Northlake Boulevard and Congress Avenue.' \ 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 corvider the following: r 0 Based on the current project traWic c/rculation plan, a considerable number of autos may make a westbound U-furn t the intersection of Northlqke Boulevard and Congress Avenue. It is sugqest d for actions to be taken to divert project traffic coming from east on Nonhake I Boulevard to use project access I I ,driveways on Congress Avenue. i @ printed an recycledpaper QUG.31.2884 4:25PM PBC TRRFFIC ENG r , , .. b * August 31,2004 Page 2 N0.479 P.3 ;j I ‘i 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 Kimiey-Worn & associates, completed in August I I, 2004, For all above improvements that are not assured, the develpper 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 detefminz~tion, please contact me at 6844030. Sirperely, OFFICE OF THE COUNTY ENGINEER m:m wn Masoud Atefi, Sr. Engineer - rqffic cc: Town of Lake ParP Kimley-Horn 8 qssoclates, Inc. MTP Group, Ins. Flle: General - TPS - Mun -Traffic Study Review F:\T~FFIC\maV\drninV\ppr~va16\040112.UOc I urban For WAIVEWARIANCE REQUESTS AND JUSTIFICATION STATEMENTS NORTHLAKE SQUARE EAST a.k.a. TARGET STORE PARCEL 34.01 East S.E. Corner Congress and Northlake Boulevard Urban Design Urban Planning Landscape Architecture July 11,2003 Land Planning Revised September 2gth, 2003 Revised February 24,2004 'our 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 (1)(1) a. and LP Section 32-86) We are proposing to reduce the width of the required parking space fi-om 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 Parkin? Spaces in a Row (PBG Section 78-315 (b.1) We are requesting a waiver to allow IO 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 arow, 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. O:Uobs\Target PBO-Lake Park\ApplicationInformation\waivequst02240~.~ KC3S 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 and LP Section 32-86 f. 5. 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 free 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. Parking Space Lencth (PBG Section 78-344(1)(1)a. and Section 78-344(1)(3), LP - Section 32-86 Table 32-86-1, Minimum parking 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: ‘Wot less than the minimum dimensionsof 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. 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 Darkine maces (LP - Section 32-86, Schedule Section 32-86-11 The applicant is requesting a variance fiom 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 ! O:Wobs\Target PBG-Lake ParkL4pplicationInfomation\waiverj~tO22404.~~d LCC35 Waiver List February 24,2004 Page 5 enhances the landscaping and pedes,,ian 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. G:Wobs\Target PBG-Lake Park\ApplicationInfonnation\waivequst022404.~pd Lcc3 5 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:Vobs\Target PBG-Lake Park\Applicationlnfo1mation\waiverjust022404,~d Lcc35 . __ . . .- . . .. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 22,2004 RESOLUTION 170,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE CITY OF PALM BEACH GARDENS FOR THE JOINT DEVELOPMENT REVIEW OF A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens and the Town of Lake Park wish to enter into a contract for joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue; and WHEREAS, the Interlocal Agreement establishes a process for review, permitting, code enforcement, and the provision of public services for the subject parcel, as more particularly described herein; and WHEREAS, the objective of the Interlocal Agreement is consistent with the intent and regulations of the Northlake Boulevard Overlay Zoning District; and WHEREAS, the Growth Management Department has recommended approval of the Interlocal Agreement; and WHEREAS, such agreement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Interlocal Agreement between the City of Palm Beach Gardens and the Town of Lake Park for the joint development review of a parcel of land located at the southeast corner of Northlake Boulevard and Congress Avenue, as more particularly described below, and hereby authorizes the Mayor and City Clerk to execute the Agreement: LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 Date Prepared: January 22,2004 Resolution 170, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01'19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01'19'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00 BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01'19'36 WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF A DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80'09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS 8,764.37 FEET, A CENTRAL ANGLE OF 05'05'48'' AND A RADIAL BEARING OF NORTH 81'31'35'' WEST; THENCE NORTHERLY ALONG THE ARC OF SAID FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FFET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03'53'23" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8,679.37 FEET, A CENTRAL ANGLE OF 00'50'05" AND A RADIAL BEARING OF NORTH 88'07'17" 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 BEGINNlNG. 88'26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 SECTION 3. This Resolution shall take effect immediately upon adoption. 2 \ , Date Prepared: January 22,2004 Resolution 170,2003 1 PASSED AND ADOPTED this day of ,2004. 2 $1 1 2, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 $2 12 3 4 ARDENS, FLORIDA 5 6- 7%- . 8 " / 9 c* %- :ATTEST: -\ e- 2,- .- ,\,.\.is"" APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN J --- VICE MAYOR SABATELLO J-- COUNCILMEMBER CLARK --- COUNCILMEMBER RUSSO --- c/ COUNCILMEMBER DELGADO --- J / \ \\pbgsflleWttorneylatrney_share\RESOLUTlONS\Reso 170 2003 - interlocal with lake park - northlake.doc , 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK FOR JOINT DEVELOPMENT REVIEW FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD HIS INTERLOCAL AGREEMENT (“Agreement”) is made this /8 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@) of the Site to develop and utilize the property in accordance with the comprehensive plans and land development regulations of both municipalities; and WHEREAS, the City and Town are authorized pursuant to Section 163.01, Florida Statutes, to enter into this Agreement; and WHEREAS, in the spirit of intergovernmental coordination and a mutual desire to promote good community planning within and beyond the boundaries of both municipalities, the City and the Town recognize that it is in their mutual best interests to enter into this Agreement. 1 . . NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Town do hereby enter into this Interlocal Agreement and represent,-covenant, and agree as follows: 1. RECITALS. The foregoing recitals are true and correct and express the City’s and Town’s mutual interest in development of the Site. 2. IMPLEMENTATION OF AGREEMENT. (a) City and Town shall each appoint an “Administrator” for the purposes of this Interlocal Agreement to coordinate the administration of the review of applications for applications for development of the Site between the municipalities. (b) It is contemplated that the proposed development of the Site will require a rezoning by both the Town and City. Each municipality shall be responsible for reviewing all applications for consistency with their respective land development regulations, comprehensive plans, but each jurisdiction shall take separate action at jointly held meetings for the approval of such applications. (c) In order to maintain an orderly development review process, the Town shall be responsible for leading the processing of all development applications with regard to the Site. The Town and City shall review all applications jointly, and the scheduling of all applications shall be mutually agreed upon. The Planning and Zoning staff of each municipality shall each issue a staff report and recommendation. The recommendations of each staff shall be considered, and acted upon, by both municipalities’ Planning and Zoning bodies and the City Council and Town Commission at joint public meetings to be noticed and scheduled jointly through the Administrators. (d) This Agreement shall apply to any expansion or contraction area of the Site for this specific project, which is contiguous to the original site and thereby changing the percentage of land area in the respective jurisdictions and corresponding pro-rata calculations as defined herein. (e) Prior to the Planning and Zoning Commission public hearing, the parcel owner shall submit an agreement acceptable to the City to provide for payment of fees to the City in lieu of road, police and fire impact fees. (f) Property taxes for the buildings and other improvements on the Site shall be prorated to each municipality based on percentage of the Site located within the municipality. Property taxes for land shall be paid in accordance with the normal procedure of the Palm Beach County Tax Collector. 2 (9) Service provision shall be as described below: (1)The Town and City shall both collect the required application fees and related costs for planning, legal, engineering, and other professional services. The municipality in which the structure is located shall collect the required building permit fees and occupational license fees, and that municipality shall perform all necessary building inspections. If a structure is located within both municipalities, the Town shall collect the required building permit fees and perform all necessary building inspections. Site development permits for the entire site shall be reviewed and approved by both municipalities and issued by the Town. All applications for building and landscaping permits and Certificates of occupancy shall be submitted simultaneously to the City and Town for review. Neither the Town nor the City shall issue any permits or certificates of occupancy until the other municipality has approved the applications and notified the issuing municipality of its approval in writing. (h) A single plat for the Site shall be approved by both municipalities. The owner shall be required to provide a Unity of Control acceptable to the City and Town for the affected property should it ever be subdivided into separate tracts under different ownership. (i) All future development applications, including amendments to the development order for the Site, shall require joint review and approval by the municipalities, consistent with the above-described process. 3. FIRE PROTECTION. Fire protection for the entire site will be provided on a first response basis. 4. POLICE PROTECTION AND CODE ENFORCEMENT. The municipal boundaries for each municipality shall be designated on the approved Site Plan. Jurisdiction for the enforcement of police protection and applicable code requirements shall be based upon the physicaVgeographica1 location of any alleged violation and the municipality in which the alleged violation is located shall have police protection and code enforcement responsibility. In the event that an alleged violation exists in both municipalities and/or a violation of one or more conditions of approval of the approved Site Plan or plat exists, both municipalities shall have concurrent jurisdiction for purposes of police protection and code enforcement. 3 5. 6. 7. a. 9. IO. 11. 12. NORTHLAKE BOULEVARD OVERLAY DISTRICT. The Town acknowledges that the City has adopted the procedures and requirements of the NBOZ. MODIFICATION OR TERMINATION OF AGREEMENT. This Agreement may be modified or terminated only upon majority vote of the governing body in each municipality. 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. RECORDATION IN PUBLIC RECORDS. This Agreement shall be recorded in the Public Records of Palm Beach County. LEGISLATIVE POWER. This Agreement is not intended nor shall it be constructed as a delegation of legislative power to the other municipality or the Administrator. GOVERNING LAW. This Agreement shall be governed by, and constructed and enforced in accordance with the laws of the State of Florida. COUNTERPARTS. This Interlocal Agreement may be executed in one or more counterparts, each of which together shall constitute one and the same instrument. EFFECTIVE DATE. This Agreement shall be effective upon full execution by the City and Town. (The remainder of this page left intentionally blank) 4 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 57” day of cW&m$t ,2004. <- 5 / , , / CITY OF PALM BEACH GARDENS, FLORIDA c h BY: L G i /- c. ATTEST: <- 5 BY: - -Patricia-Snider, ~~ \ \-’ City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Tatum, City Attorney EXECUTED BY THE TOWN this 9 day of Fd ,2004. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: \\pbgsfile\AttomeyZattomey_share\AGREEMENTS\TargetlnterlocalAgrOl.Z E:\TJBVP.GeneraRAgreements\TargetlnterlocalAgr01.21.04.doc 04-clean - 1-23-0 5 RESOLUTION NO1 3-02-04 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF PALM BEACH GARDENS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Lake Park (Town) and the City of Palm Beach Gardens (City) both exercise zoning authority over properties within their respective jurisdictions; and WHEREAS, the developer of a proposed Target store (Developer) proposes to develop a 19.12 acre parcel of property (the subject property), 57% of which is within the Town and 43% of which is within the City; and WHEREAS, because the subject property is planned to be developed in both the Town and the City, the Town and the City have agreed to jointly review the proposed development; and WHEREAS, the Town and the City have agreed that it is in the best interests of the Developer as well as the residents and visitors of the Town and the City to provide a process for centralized development, permitting and code enforcement; and WHEREAS, Section 163.01, F.S., authorizes and encourages local governments to make the most efficient use of their powers by enabling them to cooperatein the provision of services and facilities; and WHEREAS, the Interlocal Agreement attached hereto and incorporated herein as Exhibit “A would allow the Town and the City to make the most efficient use of their police powers and would therefore further the health, safety and welfare of residents and visitors to the Town. 1 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF LAKE PARK: Section 1. The whereas clauses are hereby incorporated as true and correct as the findings of fact,and conclusions of law of the Town Commission. Section 2. The Town Commission hereby approves the Interlocal Agreement for a proposed development of a 19.12 acre parcel of property, 57% of which is within the Town and 43% of which is within the City. The Mayor is authorized to execute the Interlocal Agreement on behalf of the Town. Section 3. This Resolution shall take effect upon adoption. 2 The foregoing Resolution was offered by Commissioner Garret son moved its adoption. The motion was seconded by Commissioner Otterson follows: I who and upon being put to a roll call vote, the vote was as AYE NAY MAYOR PAUL W. CASTRO X VICE-MAYOR G. CHUCK BALIUS X COMMISSIONER PAUL GARRETSON 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. TOWN OF LAKE PARK. FLORIDA ATTEST: TOWN Approved as to form and legal sufficiency: 3 Xd P rn m I 7 rn 6 ----7 t I, 1 1 -I I I _. . _..-== 0 0 z 0 W m u) u) P < m z C m -- . _= ~ - n 1 0- 0 0 z 0 7) m v, (il > < m z C m I 1: . a I' 0 c c 1/ !$ In I I I I I I r 3 J I I E W 3 J I MATCH LINE (SEE SHEET C9) P P I' b.c. 0 I 1 I I I I I I I I I I I I I I I 1 - -0 P i 5 W r , r c c ia r - - 6. B a R' Q ! t a 0 5 Q) r D B P $ F W I m rn D 0 I 0 D rn G 2 v) gE ti> R .. z Z 0 -Q E 9 i' 'II MATCH LINE (SEE SHEET CQ) 1 , . .. ~~ 1 I , I I I I I I 1- I I I I I , I I I I I I I I I I I I - - A. -I I I I I I I I I I - ~ -1 .- -7 I I I I I I I I I I -c I I 7- -- I I 1 1 - '. 34'"" ~ I (( 1 /I 1 I I i I I I I ~ ~- I I --~- ... -1 I I I I -- -- I FW PLAWlffi L ZONING RCVlEV OKY-WT FOR CDYSTRUClltU ,IU PALY BEAl GARDENS EN LARGE D PARK no! , FLOOR PLAN 1.1 AI A L ~ I I I ! I ! -- 1 I I I I I 1 I I I 1 -I I I ~- i '. i L- I I I 3'-8 I I 6 t: rim PLLHIIK, L ZMING UEVIEV MY-NlT FOR CMPTRUCTILU I I I I I I -. ! I r I 1 i I I I I I I I I I I I I i I I. I I - I I I I I I I i I I I I i - I I -I I I I I w I I @ 6 I ! ! -i$ ~ 1 I i ! I I ... - . ~ - r- ! .! I I -I i i t- ! i ! ! + - I I ! I I I I iB FOR PLANNING L ZOllNG UEVIEV my-NOT FOR CONITWJCTIM t t. FOR FUWIW L ZONING CONSTRUCTION REVIEV MY-HIT rm 7 i i r I' i r i k B I r' -0 0 4- I " I '. r -1 J 2- -0 -0 -0 4- 'I It I -1 Ii I1 c +:I T r= a NORTH1 AKF En111 FVARn x Prooosed Lake Date Prepared: June 15,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 46 of Palm Beach Gardens and Palm Beach County review agencies and staff; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 15,2004 Ordinance 30, 2004 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 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 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 01O19'36" 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 05°05'48", 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 88O07'17" WEST; THENCE NORTHERLY ALONG THE 2 Date Prepared: June 15,2004 Ordinance 30, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT- OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12°21'13'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 281.3 FEET; THENCE NORTH 46O05'27" EAST A DISTANCE OF 56.61 FEET TO A DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88O26'21" EAST ALONG SAID BEGINNING. POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD AS SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 FEET TO THE POINT OF CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the City's zoning district map to effectuate the purpose of this 0 rd i nance . SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agent(s) at any workshop or public hearing. SECTION 5. This Ordinance shall become effective immediately upon adoption of Ordinance 16 of the Town of Lake Park. (The remainder of this page left intentionally blank) 3 Date Prepared: June 15,2004 Ordinance 30,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 FOR AGAINST BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY ABSENT BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\target rezoning - ord 30-2004.doc 4 Date Prepared: June 15, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 135,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR CONGRESS PLAZA EAST AT THE CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE PARK, AS DESCRIBED MORE PARTICULARLY HEREIN, TO PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 19.12-ACRE PARCEL OF LAND LOCATED ON THE SOUTHEAST ALLOW FOR A 131,839 SQUARE-FOOT RETAIL BUILDING; WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-03- 09) for master development approval for a 131,839 square-foot retail building on a 19.12-acre site, generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein, to allow for approval of the PUD Master Plan; and WHEREAS, an 8.29-acre portion of the 19.12-acre subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1) within the City of Palm Beach Gardens; and WHEREAS, the subject site is within the Northlake Boulevard Overlay Zoning District and has been determined to be consistent with its requirements; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park on February 5, 2004, for a joint development review of the subject site; and WHEREAS, the Planning, Zoning & Appeals Board reviewed the Master Development Plan at a public hearing conducted on June 8, 2004, and has recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: June 15, 2004 Resolution 135, 2004 1 2 3 Florida; and 4 5 6 WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: 7 8 1. 9 10 11 12 13 14 2. 15 16 17 18 19 20 21 22 3. 23 24 4. 25 26 27 28 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Master Development Plan application for Target Planned Unit Development (a.k.a. Northlake Square East), is hereby APPROVED on the following described real property to permit the development of a 131,839 square-foot retail building on a 19.12-acre site located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: 2 Date Prepared: June 15,2004 Resolution 135, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 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 80OO9'39'' 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 05OO5'48'' AND A RADIAL BEARING OF NORTH 81O31'35" 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 0l0O2'37'' EAST ALONG SAID ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 EAST RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12°21'13'' EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE A DISTANCE OF 281.3 FEET; THENCE NORTH 46OO5'27'' EAST A DISTANCE OF BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH FEET TO THE POINT OF BEGINNING. 88O26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 15,2004 Resolution 135, 2004 Miscellaneous 1. 2. 3. 4. 5. 6. 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 Parks 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 heightlmaturity of the existing tress/palms to the satisfaction of the Town of Lake Park Community Development Director and the City of Palm Beach Gardens City Forester. 4 Date Prepared: June 15,2004 Resolution 135,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20 21 7. 22 23 24 8. 25 26 27 9. 28 29 30 IO. 31 32 33 34 35 36 37 11. 38 39 40 12. 41 42 43 44 45 46 Metal halide lighting shall be used within the vehicular parking area, along streets and pedestrian walkways. (Police) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit for vertical construction, the applicant shall work with the Police Department to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Police Chief shall have final approval on the required number of cameras and location within the subject Planned Unit Development (PUD). (Police) Landscaping, including long-term canopy tree growth, shall not conflict with lighting. (City Forester, Police) All structures shall use the following target-hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20 21 14. 22 23 24 25 26 15. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Within four (4) months of the issuance of any land alteration permit, the applicant shall submit to the City an on-site and off-site irrigation plan based on the Michael Redd and Associates landscape plans to be reviewed and approved by the City Forester. (City Forester) Within six (6) months of the City's approval of and the Town of Lake Park's issuance of any land alteration permit, the applicant shall install the landscaping, irrigation, hardscape, and lighting in the median of Northlake Boulevard from Congress Avenue to the eastern terminus of the property and in the southern roadway shoulder of Northlake Boulevard between the eastern and western terminus of the property. These improvements shall be consistent with the Michael Redd and Associates Northlake Boulevard Streetscape Plans dated November 22, 2002, and landscape plans for the subject project by Kimley-Horn dated May 4, 2004, which include the meandering sidewalk. A one-time six (6) month extension to complete buffer and right-of-way improvements may be granted by the Growth Management Director upon review of sufficient justification. In the event that the City of Palm Beach Gardens, or another entity, forms a Special District pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successors, or assigns shall automatically become a member of such Special District. This condition may be amended at any time by separate agreement between the applicant and the City of Palm Beach Gardens. In the event a Special District is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way irrigation and landscaping. (City Forester) 6 Date Prepared: June 15, 2004 Resolution 135, 2004 1 16. 2 3 4 5 6 7 8 9 17. 10 11 12 13 14 18. 15 16 17 18 19 19. 20 21 22 23 24 25 26 20. 27 28 29 30 31 21. 32 33 34 35 36 22. 37 38 39 40 41 Prior to the City’s approval of and the Town of Lake Park’s issuance of a permit for any land alteration (clearing), the applicant shall submit, for City approval, a landscape plan for the Congress Avenue medians and roadway shoulders for the areas adjacent to the subject site, excluding the area previously accounted for within the Northlake Square West Planned Unit Development (PUD). The proposed landscape plan shall be consistent with the approved plan for the medians adjacent to Northlake Square West Planned Unit Development (PUD). (City Forester) Within six (6) months of the issuance of the clearing/land 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 Enqineering & Concurrency 43 44 23. The build-out date for the project is December 31, 2004, unless expressly 45 46 extended by the City in accordance with Ordinance IO, 2003. (Engineering) 7 Date Prepared: June 15,2004 Resolution 135,2004 1 24. 2 3 4 5 25. 6 7 8 9 26. 10 11 12 13 27. 14 15 16 17 28. 18 19 20 21 22 Prior to the City’s approval of and the Town of Lake Park’s issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive right-turn ingress lane at the Northlake Boulevard driveway. (Traffic Engineer) Prior to issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive left-turn ingress lane at the Congress Avenue driveway. (Traffic E ng i n ee r) The applicant shall comply with all conditions as outlined in the traffic performance standards review (concurrency approval) letter completed by Masoud Atefi of the Palm Beach County Traffic Division dated August 31 , 2004. (Traffic Engineer) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit, the applicant shall plat the entire 19.1 2-acre parcel in accordance with LDR Section 78-446, “Plat review and approval process.” (City Engineer) Within thirty (30) days of the effective date of this Resolution, the applicant shall revise all inconsistencies between the site plans and conceptual engineering plans to the satisfaction of the City Engineer, and resubmit a revised photometric plan conforming to LDR Section 78-1 82(f)(3). (City Engineer) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida 23 hereby approves the following six (6) waivers: 24 25 1. 26 27 28 2. 29 30 31 3. 32 33 34 4. 35 36 37 38 5. 39 40 41 6. 42 43 44 Waiver from City Code Section 78-344(1)(1) to allow for nine and one-half (9.5) foot wide parking stalls. Waiver from City Code Section 78-344( 1 )( 1 )(a) to allow sixteen and one-half (1 6.5) foot long parking stalls for parking spaces adjacent to curbing. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west and south elevations. Waiver from City Code Section 78-285, Signage, to allow for a 144 square-foot sign on the west and south elevations and a 175 square-foot wall sign on the north elevation. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow landscaping within the lake maintenance easements for aesthetics purposes. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow a 1 %foot lake maintenance easement. SECTION 4. This PUD approval shall be in compliance with the following plans 45 46 on file with the City’s Growth Management Department: 8 ~~ 1 1. 2 2. 3 4 3. 5 6 4. 7 8 9 5. 10 11 12 6. 13 14 15 7. 16 17 18 8. 19 20 21 9. 22 23 10. 24 25 11. 26 27 12. 28 29 13. 30 31 Date Prepared: June 15, 2004 Resolution 135, 2004 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 Northlake & Congress Driving Plans, May, 5, 2004, Kimley-Horn and Associates, Sheets C9 & C9A. Paving, Grading, and Drainage Details & Seacoast Utility Details, May, 5, 2004, Kimley-Horn and Associates, Sheets C10 through C14. Landscape Plan and Pedestrian Amenities, 06.30.04, Kimley-Horn and Associates, Sheet LA 1 - LA 7. Irrigation Plans, 05.05.04, Kimley-Horn and Associates, Sheets IR-I - IR-2. Photometric, 06.30.04, Cooper, Sheet SASNVRT. Target, Floor Plans, May 17, 2004, KKE Architects, Sheets AI through AI D. Target Roof Plans, May 17, 2004, KKE Architects, Sheet A4. Target, Elevations, May 17, 2004, KKE Architects, Sheets A8 through A8b. (The remainder of this page left intentionally blank) SECTION 5. This Resolution shall become effective immediately upon adoption of 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 16 by the Town of Lake Park. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Patricia Snider, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SU FFl Cl E N CY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY -- AYE NAY ABSENT \\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\target master plan approval -reso 135 2004 10 revised1 .doc Date Prepared: June 15,2004 Resolution 135, 2004 PASSED AND ADOPTED this day of ,2004. Date Prepared: June 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 136,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT BETWEEN TARGET CORPORATION, A MINNESOTA CORPORATION, AND THE CITY OF PALM BEACH GARDENS RELATING TO A PAYMENT IN LIEU OF IMPACT FEES FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Target Corporation, the owner of a 19.12-acre parcel of land, generally located on the southeast corner of Congress Avenue and Northlake Boulevard seeks to develop the site as a unified project; and WHEREAS, the development of the 131,839 square foot retail Target store will impact the City’s roads and police and fire services; and WHEREAS, it is the policy of the City to have new development address its impacts on the City’s roads and police and fire services through payment of impact fees; and WHEREAS, the Developer agrees that payment in lieu of impact fees is in its interest; and WHEREAS, in the spirit of coordination and the desire to promote good community planning, the City and the Developer recognize that it is in their mutual best interests to enter into this Agreement; and WHEREAS, the Growth Management Department has recommended approval of the Agreement; and WHEREAS, such Agreement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Council hereby accepts and approves the Agreement for payment in lieu of impact fees between the City of Palm Beach Gardens and Target Corporation, a Minnesota corporation, for a parcel of land located at the southeast 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: June 16, 2004 Resolution 136, 2004 corner of Northlake Boulevard and Congress Avenue, and hereby authorizes the Mayor and City Clerk to execute the Agreement: SECTION 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLl N --- VICE MAYOR SABATELLO --- COUNCILMEMBER RUSSO --- COUNCILMEMBER DELGADO --- G:\attorney-share\RESOLUTIONS\target- impact fees in lieu of agmt - reso 136 2004.doc d 2 AGREEMENT FOR PAYMENT IN-LIEU OF IMPACT FEES FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE THIS AGREEMENT FOR PAYMENT IN LIEU OF CITY IMPACT FEES (Agreement) is by and between CITY OF PALM BEACH GARDENS, a municipal corporation (hereinafter “City”) and Target, a Minnesota corporation, its successors, and/or assigns (hereinafter “Developer”). WHEREAS, the Developer and owner of portions of a 19.12-acre, more or less, parcel of land, generally located on the southeast corner of Congress Avenue and Northlake Boulevard and as further described in Exhibit A, attached hereto and incorporated herein (the “Site”), seek to develop the Site as a unified project; and WHEREAS, approximately 8.29 acres or 43% of the Site is within the City of Palm Beach Gardens, and 10.83 acres or 57% of the Site is within the Town of Lake Park; and WHEREAS, the development of the 131,839 square foot retail Target store will impact the City’s roads and police and fire services; and WHEREAS, it is the policy of the City to have new development address its impacts on the City’s roads and police and fire services through payment of impact fees; and WHEREAS, the Developer agrees that payment in lieu of impact fees is in its interest; and WHEREAS, in the spirit of coordination and the desire to promote good community planning, the City and the Developer recognize that it is in their mutual best interests to enter into this Agreement. NOW, THEREFORE, in consideration of the obligations and undertakings described below, the City and Developer do hereby enter into this Agreement and represent, covenant, and agree as follows: 1. RECITALS The foregoing recitals are true and correct and express the City’s and Developer’s mutual interests in development of the Site. 2. IMPLEMENTATION OF AGREEMENT The Developer, at the time of issuance of building permits for vertical construction, shall make a payment in lieu of City impact fees to the City. The fees shall be determined by applying Section 78-92, Fees, to the entire 19.1 2-acre site improvements (including the building located within the jurisdiction of the Town of Lake Park). The Developer acknowledges that the City is currently in the process of amending the impact fee schedule, and agrees that the calculation of fees will be based upon the schedule in effect on the date the first building permit for vertical construction is issued. 3. MODIFICATION OF AGREEMENT This Agreement may be modified only upon amendment in writing by the City and the Developer. 4. DURATION This Agreement shall remain in effect unless amended in writing by both parties. 5. RECORDATION IN PUBLIC RECORDS This Agreement shall be recorded by the Developer in the Public Records of Palm Beach County and in the records of the City. 6. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. 7. COUNTERPARTS This Agreement may be executed via facsimile in one or more counterparts, each of which together shall constitute one and the same instrument. 8. EFFECTIVE DATE This Agreement shall be effective upon full execution by the City and the Developer. 2 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE CITY this day of I 2004. ATTEST: CITY OF PALM BEACH GARDENS By: Patricia Snider, City Clerk BY: Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: I, Christine P. Tatum, City Attorney EXECUTED BY THE TARGET this day of ,2004. ATTEST: TARGET CORPORATIONl its Successors and/or Assigns By: By: Print Name Print Name \\pbgsfile\Attorney\attorney_share\AGREEMENTS\PUD-03-09 paymentinlieuagreement 7-20-04.M 3 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 01°19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 IS ASSUMED TO BEAR SOUTH 01°19'36" WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00 FEET TO A POINT ON THE OFFICIAL RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 01°19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1,670.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE 987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION NORTH 80O09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST. HAVING A RADIUS OF 8,764.37 FEET, A CENTRAL ANGLE OF 05O05'48", AND A RADIAL BEARING OF NORTH 81O31'35" 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 88°07'17" 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 BEGINNING. SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12 FEET TO THE POINT OF CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park October 7,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 H Mayor Jablin aice Mayor Russo Xouncil Member Delgado 'Council Member Levy ,- Mayor Castro 'Vice Ma or Balius w\ueL4 TI3 x Commissioner Garretson dcommissioner Carey 4 Commissioner Daly City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park October 7,2004 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL III. COMMENTS FROM THE PUBLIC: mor Items Not on the APenda, Dlease submit request form to the Citv Clerk Drior to this Item) IV. PUBLIC HEARING PART I - OUASI-JUDICIAL a. Ordinance 16,2004 - Target Rezoning and Site Plan Review. An Ordinance of the Town Commission of The Town of Lake Park, Florida, rezoning a 10.83 acre portion of 19.12-acre parcel of land located on the Southeast corner of Northlake Boulevard and Congress Avenue within the municipal boundaries of the Town of Lake Park and the City of Palm Beach Gardens, as described more particularly herein, fiom a Zoning Designation of Traditional Neighborhood Development (TND) to Planned Unit Development (PUD); providing for codification; providing for severability; providing for the repeal of laws in conflict; and providing for an effective date. 4.3L' 3/ O Resolution 49-OS-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading. @sJe * 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. 300 b. (Staff Report on Page 4, Ordinancr~ on Page 72, Resolution 135 on Page 76, Resolution 136 on Page 86) 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, fiom a zoning designation of Research and Light Industrial Park (Ml) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-1); and providing an effective date. Resolution 135,2004 and Resolution 136,2004 are companion items to Ordinance 30,2004 and will require Council action. 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 comer of Northlake Boulevard and Congress Avenue which lies within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as described more particularly herein, to allow for a 13 1,839 square- foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. TO BE APPROVED FIRST -- 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 CITYCOUVCIL AND TOWN COMMLSSON WLLL VOTE SEPARATELY AT THE CONCLUSION OF THE HEARING. PURSUANT TO INTERLOCAL AGREEMENT, THE CITY OF PALMBEACH GARDENSAND TOWN OF LAKE PARK WILL CONSIDER THE NORTHLAKE SQUARE WEST DEVELOPMENT ORDER AT A JOINT MEETING. V. ADJOURNMENT In accordance with the Americans with Disabilities Act and FloM Statute 28626, persons with disabili#ies needing special accommoddons to partkipate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at tekphone number (561) 799-4120 for assistance; if hearing inpaired telephone the Florida Relay Sentice Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any deciswn 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 Joint Council Agenda Palm Beach Gardens and Lake Park October 7,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Jablin Vice Mayor Russo Council Member Delgado Mayor Castro Vice Mayor Balius Commissioner Garretson Commissioner Carey Council Member Levy Commissioner Daly 3 City of Palm Beach Gardens Joint Council Agenda Palm Beach Gardens and Lake Park October 7,2004 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the City Clerk prior to this Item) IV. PUBLIC HEARING PART I - OUASI-JUDICIAL a. 3 0 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. 7:07 Resolution 49-OS-04a is a companion item to Ordinance 16, 2004 and will require Council action at second reading. Resolution 49-08-04a - Resolution of the Town Commission of the Town of Lake Park, Florida, approving the site plan for Northlake Square East for development approval of a 131,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the Southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein; providing for waivers; providing conditions of approval; and providing an effective date. 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 (MI) to Planned Unit Development (PUD) overlay with an underlying zoning district of General Commercial (CG-1); and providing an effective date. b. @ 735 7: /a 4-0 Resolution 135,2004 and Resolution 136,2004 are companion items to Ordinance 30,2004 and will require Council action. @ 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 13 1,839 square- 7b ''1' ' foot retail building; providing for waivers; providing for conditions of approval; and providing an effective date. 6:/0 g:aC wgQ q* @ Resolution 136, 2004 - Agreement for Payment of Fees in Lieu of Impact Fee. A 7:yr 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. 7,'3a 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 ATA 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) 955-8 771 (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. Resolution 135, 2004: Target Master Site Plan Approval The following condition is proposed to be added to Resolution 135, 2004: 7. Within six (6) months of the effective date of this Resolution, the applicant shall construct and maintain the approved City Entrvwav monument siqn, in a location generally consistent with the boundary between the City of Palm Beach Gardens and the Town of Lake Park and in accordance with the Citv’s approved desiqn, which incorporates the Town of Lake Park siqnage. [City Forester, Planning and Zoninq) The following condition has been modified accordingly: 24. The build-out date for the project is December 31, 20064, unless expressly extended by the City in accordance with Ordinance IO, 2003. (Engineering) 5 Date Prepared: June 15, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 135,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR CONGRESS PLAZA EAST AT THE CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE PARK, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW FOR A 131,839 SQUARE-FOOT RETAIL BUILDING; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 19.12-ACRE PARCEL OF LAND LOCATED ON THE SOUTHEAST WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-03- 09) for master development approval for a 131,839 square-foot retail building on a 19.12-acre site, generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein, to allow for approval of the PUD Master Plan; and WHEREAS, an 8.29-acre portion of the 19.12-acre subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1) within the City of Palm Beach Gardens; and WHEREAS, the subject site is within the Northlake Boulevard Overlay Zoning District and has been determined to be consistent with its requirements; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park on February 5, 2004, for a joint development review of the subject site; and WHEREAS, the Planning, Zoning & Appeals Board reviewed the Master Development Plan at a public hearing conducted on June 8, 2004, and has recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: June 15, 2004 Resolution 135. 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida; and WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: 1. 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. 2. 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) 3. The proposed development is consistent with the City’s Comprehensive Plan. 4. 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: 2 I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 15, 2004 Resolution 135, 2004 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 05'05'48" AND A RADIAL BEARING OF NORTH 81'31'35" WEST; THENCE NORTHERLY ALONG THE ARC FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL OF SAID CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FEET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03O53'23" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 8679.37 FEET, A CENTRAL ANGLE OF 00'50'05'' AND A RADIAL BEARING OF NORTH 88O07'17" WEST; THENCE NORTHERLY ALONG THE FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" EAST ALONG SAID ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 EAST RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12'21'13" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET; THENCE NORTH 01'02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE 56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE A DISTANCE OF 281.3 FEET; THENCE NORTH 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 CONTAINING IN ALL 19.12 ACRES, MORE OR LESS. 3 Date Prepared: June 15, 2004 Resolution 135. 2004 1 Miscellaneous 2 3 1. 4 5 6 7 8 9 10 11 12 2. 13 14 15 16 17 3. 18 19 20 21 22 23 24 4. 25 26 27 28 29 5. 30 31 32 33 34 35 6. 36 37 38 39 40 41 42 43 44 45 46 Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit, the applicant shall comply with the Art in Public Places requirement by providing art on site or make a payment in lieu of art, in accordance with Section 78-262 of the LDRs (1% value of the vertical construction) based upon the vertical construction within the entire Planned Unit Development (PUD). If the applicant is providing public art on site, the art shall be approved by the City Council after review by the Art in Public Places Advisory Board and installed prior to the issuance of the first Certificate of Occupancy. (Planning & Zoning) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first building permit for vertical construction, the applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (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 palmdtrees around the perimeter of the building to the satisfaction of the Town of Lake Park Community Development Director and the City of Palm Beach Gardens City Forester. In addition, the applicant shall increase the heighvmaturity of the existing tress/palms to the satisfaction of the Town of Lake Park Community Development Director and the City of Palm Beach Gardens City Forester. 4 Date Prepared: June 15,2004 Resolution 135, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Council) 18 19 20 21 22 23 24 25 CPTED 26 27 8. Metal halide lighting shall be used within the vehicular parking area, along streets 28 and pedestrian walkways. (Police) 29 30 9. Non-glare building lighting shall be installed around the entire building perimeter 31 and on pedestrian walkways. (Police) 32 33 IO. Timer clock or photocell lighting shall be provided for nighttime use above or near 34 entryways and all exits including emergency exits. (Police) 35 36 11. Prior to the City’s approval of and the Town of Lake Park’s issuance of the first 37 building permit for vertical construction, the applicant shall work with the Police 38 Department to develop a high-resolution color digital closed-circuit security 39 surveillance system with monitoring and photo printout capabilities. The Police 40 Chief shall have final approval on the required number of cameras and location 41 within the subject Planned Unit Development (PUD). (Police) 42 43 12. Landscaping, including long-term canopy tree growth, shall not conflict with 44 lighting. (City Forester, Police) 45 46 13. All structures shall use the following target-hardening techniques: 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 7. Within six (6) months of the effective date of this Resolution, the applicant shall construct and maintain the approved City Entryway monument sign, in a location consistent with the boundary between the City of Palm Beach Gardens and the Town of Lake Park and in accordance with the City’s approved design, which incorporates the Town of Lake Park. (City Forester, Planning and Zoning) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~~ a. b. C. d. e. f. Date Prepared: June 15, 2004 Resolution 135, 2004 Buildiogs shall be pre-wired for an alarm system. Doors1 shall be equipped with metal plates over the threshold of the locking mech4nism. Glass perimeter doors shall be equipped with case-hardened guard rings to prote4 the mortise lock cylinder. Rear doors shall have 180-degree peephole viewers. Exteri+r roll-up doors shall be target hardened. All petimeter doors shall be equipped with hinges that utilize non-removable hinge bins. (Police) 14. Numericdl addresses for the buildings shall: a. Be illuminated for nighttime visibility and be unobstructed. b. Have Ipi-directional visibility from the roadway. c. Be plaped at the front and rear of each business. (Police) Landscapinq 15. Within foqr (4) months of the issuance of any land alteration permit, the applicant shall subrhit 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) 16. Within six (6) months of the City's approval of and the Town of Lake Park's issuance of any lartld 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 Associateb Northlake Boulevard Streetscape Plans dated November 22, 2002, and landscape plans for the subject project by Kimley-Horn dated May 4, 2004, which include th8 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 pon review of sufficient justification. In the event that the City of Palm Beach G Y rdens, or another entity, forms a Special District pertaining to the landscapq and maintenance of Northlake Boulevard, then the applicant, successors, or assign$ shall automatically become a member of such Special District. This condition 'may be amended at any time by separate agreement between the applicant gnd the City of Palm Beach Gardens. In the event a Special District is not 6 * 1 2 3 4 5 17. 6 7 8 9 10 11 12 13 18. 14 15 16 17 18 19. 19 20 21 22 23 20. 24 25 26 27 28 29 30 21. 31 32 33 34 35 22. 36 37 38 39 40 23. 41 42 43 44 45 46 Date Prepared: June 15, 2004 Resolution 135,2004 created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way irrigation and landscaping. (City Forester) Prior to the City’s approval of and the Town of Lake Parks 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 8, 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) 7 9 1 Engineerina & Concurrency Date Prepared: June 15,2004 Resolution 135, 2004 2 3 24. 4 5 6 25. 7 8 9 10 26. 11 12 13 14 27. 15 16 17 18 28. 19 20 21 22 29. 23 24 25 26 27 The build-out date for the project is December 31, 2006, unless expressly extended by the City in accordance with Ordinance IO, 2003. (Engineering) Prior to the City’s approval of and the Town of Lake Park’s issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive right-turn ingress lane at the Northlake Boulevard driveway. (Traffic Engineer) Prior to issuance of the first Certificate of Occupancy, the applicant shall construct an exclusive left-turn ingress lane at the Congress Avenue driveway. (Traffic Engineer) 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 28 hereby approves the following six (6) waivers: 29 30 1. 31 32 33 2. 34 35 36 3. 37 38 39 4. 40 41 42 43 5. 44 45 46 Waiver from City Code Section 78-344(1)(1) to allow for nine and one-half (9.5) foot wide parking stalls. Waiver from City Code Section 78-344( 1 )( 1 )(a) to allow sixteen and one-half (1 6.5) foot long parking stalls for parking spaces adjacent to curbing. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west and south elevations. Waiver from City Code Section 78-285, Signage, to allow for a 144 square-foot sign on the west and south elevations and a 175 square-foot wall sign on the north elevation. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow landscaping within the lake maintenance easements for aesthetics purposes. 8 Date Prepared: June 15,2004 Resolution 135, 2004 1 2 13-foot lake maintenance easement. 3 4 5 6. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow a SECTION 4. This PUD approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 6 7 1. 8 9 2. 10 11 3. 12 13 4. 14 15 16 5. 17 18 19 6. 20 21 22 7. 23 24 25 8. 26 27 28 9. 29 30 IO. 31 32 11. 33 34 12. 35 36 13. 37 38 Northlake Square West Site Plan, 06.1 7.04, Kimley-Horn, Sheets Cl -C2-C2A. Boundary Survey, September 14, 2000, Lidberg Land Surveying, Inc., Sheet C2. Horizontal Control Plans, 06.1 7.04, Kimley-Horn and Associates, Sheets C3 - C4. Paving, Drainage and Grading Plans, 06.1 7.04, Kimley-Horn and Associates, Sheets C5 through C6 & C1 I. Signage and Marking Plan, 06.1 7.04, Kimley-Horn and Associates, Sheets C9- c10 Northlake & Congress Driving Plans, May, 5, 2004, Kimley-Horn and Associates, Sheets C9 & C9A. Paving, Grading, and Drainage Details & Seacoast Utility Details, May, 5, 2004, Kimley-Horn and Associates, Sheets C10 through C14. Landscape Plan and Pedestrian Amenities, 06.30.04, Kimley-Horn and Associates, Sheet LA I - 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. SECTION 5. This Resolution shall become effective immediately upon adoption of 39 40 41 42 43 44 45 46 Ordinance 16 by the Town of Lake Park. (The remainder of this page left intentionally blank) 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 15,2004 Resolution 135, 2004 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 SUFFl Cl ENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT GAattorney-share\RESOLUTlONS\TARGET - final reso 135 2004.doc 10 W E 0 a 0 ecr 2 c, E 0 v, W E Lc a Q) A a 0 .rl - .rl z 1 .C) I .rl m a 1 e W E 03 m a 0 A Q) L, a Q) 3 r' W E *rl E E a a EE Q) c, zz am E a E a ww E E E 0 E 0 N N .rl *rl 22 I I dd 00 00 mm w- 0- rlm Q) Q) 0 0 a a E: a E .rl E sa 66 0 E a ecr 0 E 0 cd E a or( c, 3 2 7 v1 v, 0 0 cd 0 3 m m c, 3 cd 2 c, c, c, .e( 8 * W a E a a Lc cd 0 a 1 0 0 *rl c, - a Q) v1 cd Q) a E d m c, i E 8 E Q) c, c, .e( Lc k 0 0 s s & 'T c, v1 Lc 0 ~ % Q) A c, k 0 h E cd E 0 W E E Q) * Q) m *rl c, or( A h E *r( 2 c, v, Q) c, L, 0 0 a E E 0 A & c, Q) c, .r( 3 s: m E Lc Q) a Q E h cd d d .r( ; m 3 0 E m d 3 5 i3 &4 Lc Q) h c, Q) a H C 4 U I “Jewel” of the Palm Beaches MEMORANDW TO: Mayor Paul Castro Vice Mayor G. Chuck Balius Commissioner Paul Garretson Commissioner Jeffrey Carey Commissioner Edward Daly Town Manager Douglas Drymon FROM: Larry Szynkowski, AICP SUBJECT: Enforcement of Fence Violations . In response to the directive of 10/06/04, enclosed is a listing of enforcement actions taken by my Code Enforcement Staff The nine listed actions range from 9/13/04 to 10/07/04. Three of them were accomplished today. Seven of them are pool screenings which are . considered a lifehafety issue. I will be glad to accommodate any hrther referrals from the Commission and Citizens. Thank you for your concern and direction 535 yeid dmzq %uf-e, ymi$, r%&thfa 33403 (564) 884-3348 gm: (564) 8843323 Web Site: www.lakeparkflorida.gov 10/0712004, 4:42PM Master Activity Report Town of Lake Park Fencing violations cited (verbal correction notices) Printed by Melanie _- __ ~ - 04-01023 540 Park Ave. 09/30/2004 Lake Park, FL 33403 FENCING 32-71 Unmaintained, deteriorated. damaged walllfencing ~ ~ _ - __ 510 5th Et Lake Park, FL 33403 n, n"n"" w-r w 6"L-r FENCING _ -_ - -- - 32-71. Unmaintained, _~ - deteriorated, damaged - ______ wall/fencing - -- - _~ ~_ 254 Evergreen Dr. 09/30/2004 Lake Park, FL 33403 04-0 1030 POOL SCRN 7-82 Damaged swimming pool screenlhazard 04-01041 815 Laurel Dr 10/07/2004 Lake Park, FL 33403 ~ ~- ~__- ~_ __ -~ _- __ ____ - POOL SCRN 7-82. Damaged swimming pool screenlhazard 04-01042 1502 West Rd. 10/07/2004 Lake Park, FL 33403 _______~_. ~ ~- - . ___ _ POOL SCRN ~ __ - 7-82. Damaged - ___ swimming pool screenlhazard - ~ -- - - -_ -_ 903 Park Ave. 0911 312004 Lake Park, FL 33403 04-01 044 POOL SCRN 7-82 Damaged swimming __ __________ pool screedhazard _______~_ -- _ -_ _- _ -. _. 04-01 045 601 Date Palm Dr. 10/07/2004 Lake Park, FL 33403 POOL SCRN 7-82 Damaged swimming pool screenlhazard 04-01 046 411 5th St. Lake Park, FL 33403 - -~ _- ~ ~ _~ ~ - 09/14/2004 POOL SCRN 7-82. Damaged swimming pool screedhazard 10/07/2004, 4:42PM 04-01 047 Master Activity Report Town of Lake Park Fencing violations cited (verbal correction notices) POOL SCRN 7-82. Damaged swimming pool screenlhazard 0911 312004 Printed by Melanie TOWN of LAKE PARK JOINT-COMMISSION MEETING Joint Commission Meeting Date: October 7,2004 Date Prepared: August 25,2004 UI(ERR(TOWnHUL NNICUAL~ISTGRCKE “Jewel” ol thc Palm Geaches SUBJECT/AGENDA ITEM Northlake Square East (Target) A request by Urban Design Studio and Kimley-Horn and Associates, agents for the Target Corporation, to rezone the property from Traditional Neighborhood Development (TND) to Planned Unit Development (PUD) in the Town of Lake Park, and from Research and Light Industrial Park District (MI) to PUD with an underlying CG-I district designation in the City of Palm Beach Gardens. If approved the proposed development will consist of a 131,839 square foot retail store on a 19.12-acre parcel located at the southeast corner of Northlake Boulevard and Congress Avenue. The discussion at the previous workshops dealt with the building location and placement, architecture and faqade treatment, and providing upgraded landscaping in attempt to create symmetry with the Northlake Square West project located at the southwest corner of Congress Avenue, which it just west of the subject site. BACKGROUND : The 19.12-acre subject site is located within two municipal boundaries. Approximately 8.29-acres, or 43.4% of the site is within the City of Palm Beach Gardens, and approximately 10.83-acres1 or 56.6% of the site is within the Town of Lake Park. In February/March of 2004, the City and the Town signed an inter-local joint development agreement to provide for a coordinated development review process and centralized permitting and code enforcement to develop the subject property in accordance with the land development regulations of both municipalities. As such, each municipality has reviewed this application under their respective land development regulations. In addition the City of Palm Beach Gardens is required to review the project in accordance with the Northlake Boulevard Overlay Zoning District Design Guidelines. The Town of Lake Park repealed the Northlake Boulevard Overlay Zoning District from its municipal code on January of 2004. Each jurisdiction, shall take separate action regarding the development at jointly held meetings. Both the Planning and Zoning Commissions of the Town and the City will jointly review the project, and both governing bodies will also jointly review and hold public hearings, but take final actions separafelv. The Town of Lake Park is responsible for leading the processing of the development application of the subject site in accordance with the inter-local agreement. LAND USE AND ZONING: The portion of site that is within the Town of Lake Park is currently zoned Traditional Neighborhood District (TND), with a future land-use designation of Mixed Use CommerciaVLight Industrial. The applicant has requested to rezone the parcel to a commercial Planned Unit Development (PUD). 1 The current zoning under the City of Palm Beach Gardens is Research and Light Industrial Park (MI), and has a future land-use designation of Commercial (C). The applicant is proposing to rezone the site to Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). Section 32-86-f-5 Minimum Parking Dimensions Section 32-86-f-5 Wheel Stops WAIVERS: 10 feet (Comer) 9.5 feet -0.5 feet None in the No Wheel Stops in Minimum Parking Bay Dimensions 18 feet 16.5 feet -1.5 feet I Required I Internal Parking 1 the Internal I Section 32-86 Schedule 32-86- 1 Number of required spaces Area I Parkinghea Section 32-80 Table 32-86-1 I 1 per 250 GFA or per ,ooo GFA 528 spaces 5 per 1,000 GFA 660 spaces -1 18 spaces 20 foot O.C. No more than 40% of Landscape Area shall be covered by SOd Section 32-146-h-2 Tree Spacing Section 32-146-a-1 Minimum Landscape Requirements (non-residential) 30 foot O.C. -10 feet +29% 69% of total Landscape Area CONCURRENCY: The applicant has received traffic concurrency from Palm Beach County; the build-out date for the project is December 31, 2004. The subject site was granted conditional concurrency approval for 81,300 square feet of general retail and 14,000 square feet of restaurant use (high turn-over) with respect to the City of Palm Beach Garden’s portion of the site and 61,700 square feet of general retail and 3,500 square feet for a fast food restaurant on the Lake Park tract. The applicant has provided staff with an equivalency statement to convert the approved square footage to the uses proposed in the development. PROJECT DETAILS: Buildinu Site The applicant is proposing a one-story 131,839 square foot retail building and a 6,100 square foot garden center on the 19.12-acre site. The proposed structure will be located at the southern end and wholly contained in the Town of Lake Park. The majority of the parking is located on the northern portion of the site within the City of Palm Beach Gardens. 2 Site Access Vehicular site access is by one two-way drive from Northlake Boulevard, and three (3) two-way driveways off of Congress Avenue. Two (2) median cuts, aligned with the two southernmost driveways, are proposed along Congress Avenue, providing access into the site from traffic heading south on Congress Avenue. Siqnaqe The applicant has proposed three (3) monument signs and five (5) wall-mounted signs. All of the proposed signs are consistent with the Town of Lake Park’s Land Development Regulations. Landscapinq/Bufferinq The applicant proposes a twenty-foot (20’) landscape buffer along Northlake Boulevard, and a fifteen-foot (15’) landscape buffer along Congress Avenue. Also, the applicant is proposing an eight-foot (8’) buffer along the east and south property lines. Drainaqe The surface water management system is under the jurisdiction of the South Florida Water Management District (SFWMD). The site currency has a lake located towards the south side of the tract of land. The lake was constructed to provide storm water storage and treatment from Congress Avenue. In addition, drainage from both North and South Killian Dr. has historically flowed into a small ditch located on the eastern edge of the site, which runs south and eventually into the C-17 canal. The applicant is proposing to pipe this ditch. Two (2) additional on-site wet retention lakes will be constructed to provide for additional storm water storage. The proposed system will also include an exfiltration trench to provide the required dry pre- treatment. The outfall of the entire drainage system will discharge into the C-I 7 Canal to the west. Parkinq As proposed, the applicant does not meet the minimum parking requirements. Based on the Town of Lake Park’s parking requirements of five (5) parking stalls per 1,000 square feet of gross floor area, the parking requirement is 660 spaces. The applicant is proposing 545 parking spaces, including eleven (1 1) handicap spaces. The City of Palm Beach Gardens requires 1 space per 250 square feet of general retail. The applicant satisfies the City of Palm Beach Gardens’ parking requirements and has requested a waiver form the down for a reduction of 1 18 spaces. Several waivers have been requested to allow for a reduction in the required parking stall dimensions, a reduction in the width and length of each parking space and the elimination of wheel stops. Section 32-80 of the Town of Lake Park’s Land Development Regulations requires a IO’ X 18’ parking stall. The applicant is requesting a parking stall width of 9.5’ and a length of 16.5’ (with a two foot overhang) for all parking spaces. 3 Summary The applicant's proposal is generally compliant with all aspects of the Town of Lake Park's Land Development Regulations, with the exception of the seven (7) requested waivers, however Staff is supportive of the requested waivers. Joint Commission-Council Meetinq on August 4,2004 The Town of Lake Park Town Commission and the City of Palm Beach Gardens City Council unanimously approved the rezoning of the property on first reading. The Town Commission and City Council requested that the applicant revise the plans to eliminate the red color on the bollards located at the front of the building; to provide more mature trees along the building fagade; reduce the size of the Target Logo on the North fagade; and if necessary replace the large specimen tree that will be located at the entrance to the site if it should not survive the transplant. Planning and Zoning Board Recommendation: On June 8'h the Town of Lake Park and City of Palm Beach Gardens Planning and Zoning Boards recommended approval unanimously recommended approval of the proposed retail center. Discussion at the meeting and at several workshops prior to the public hearing, focused on the proposed building setback from Northlake Boulevard and the overall architectural design of the building. The applicant has proposed to add several column trellis features throughout the site to provide additional structure in relation to Northlake Boulevard and the surrounding properties. The proposed architecture is a modern style design, generally consistent with the style used on the previously approved Northlake Square West project adjacent to the site. Although the architecture is not entirely four-sided, the applicant has attempted to break-up the large structure with the addition of several faux windows along the north and west sides of the structure. The applicant has also added some additional fenestration to the corners of the structure to provide some additional breaks in the mass. Pursuant to recommendations by Staff and the Planning and Zoning Boards the applicant agreed to heavily vegetate and berm the surrounding site to try and provide some additional relief. The Town of Lake Park and the City of Palm Beach Gardens Planning and Zoning Boards unanimously recommended approval of the project to the Town Commission. Staff Recommendation: Staff is recommending approval of the applicant's request. 4 Ordinance No. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE 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 DEVLOPMENT (TND) TO PLANNED UNIT DEVELOPMENT (PUD); AND PROVIDING FOR AN EFFECTIVE DATE. PARK, FLORIDA, REZONING A 10.83-ACRE PORTION OF 19.12-ACRE WHEREAS, The Town of Lake Park has received an application by, Urban Design Studio and Kimley-Horn and Associates, (Agents) for the Target Corporation (Applicant) for development approval of a 131,839 square foot retail center on a 10.83 acre portion of 19.12 acres generally located at the southeast corner of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, as more particularly described herein, to allow for approval of a Commercial PUD; and WHEREAS, the subject property’s legal description is contained in Exhibit A and it‘s general location as shown in Exhibit B, both of which are attached hereto and incorporated herein; and, WHEREAS, the applicant proposes to rezone the subject property from Traditional Neighborhood Development (TND), to a Planned Unit Development (PUD); and, WHEREAS, the Town Commission, upon the recommendation of the Town Planning and Zoning Commission, may by ordinance authorize the location and development of a Planned Unit Development which may differ in more or respects from the provisions of specific requirements of the Zoning Code of the Town of Lake Park, but which must be in keeping with the general purpose and intent of the Town of Lake Parks land use regulations, Comprehensive Plan and Code of Ordinances in order to provide standards by which flexibility may be accomplished while maintaining and protecting the public’s interest; and WHEREAS, the Town Staff reviewed said petition and determined that it is sufficient with the Town’s Code of Ordinances 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 March 2004 for a joint development review of the subject site; and WHEREAS, the Planning and Zoning Commission held a joint-public hearing on June 8, 2004, and has recommended approval of the rezoning to the Town Commission; and WHEREAS, the Town Commission, as the governing body of the Town of Lake Park, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the Town Commission has considered the evidence and testimony presented by the Staff, the Applicant and other interested parties and the recommendations of the various Town of Lake Park and Palm Beach County review agencies; and WHEREAS, the Town Commission has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the Town of Lake Park, Florida. NOW THEREFORE, be it ordained by the Town Commission of the Town of Lake Park; Section 1: The whereas clauses are incorporated herein as true and correct. Section 2. The Town Commission hereby changes the zoning classification of the subject property; from Traditional Neighborhood District (TND) to Planned Unit Development (PUD) Section 3. The Town’s official zoning map is hereby amended to reflect the assignment of the PUD zoning classification to the subject property. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon passage. Upon First Reading this - th day of July, 2004, the foregoing ORDINANCE was offered by Commissioner , who moved its approval. The motion was seconded by Commissioner , and being put to a vote, the result was as follows: AYE NAY MAYOR PAUL CASTRO VICE MAYOR CHUCK BALIUS COMMISSIONER PAUL GARRETSON COMMISSIONER ED DALY COMMISSIONER JEFF CAREY PUBLISHED IN THE PALM BEACH POST THIS - DAY OF , 2004, AND THE DAYOF , 2004. Upon Second Reading, this day of , 2004, the foregoing ORDINANCE was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the result was as follows: AYE NAY MAYOR PAUL CASTRO VICE MAYOR CHUCK BALIUS COMMISSIONER PAUL GARRETSON COMMISSIONER ED DALY COMMISSIONER JEFF CAREY The Mayor thereupon declared Ordinance No. duly passed and adopted this dayof , 2004. TOWN OF LAKE PARK, FLORIDA BY: Mayor Paul Castro ATTEST: Approved as to form and legal sufficiency Carol Simpkins Town Clerk Thomas J. Baird, Town Attorney (Town Seal) . . RESOLUTION NO A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA APPROVING THE SITE PLAN FOR NORTHLAKE SQUARE EAST FOR DEVELOPMENT APPROVAL OF A 131,839 SQUARE FOOT RETAIL CENTER ON A 10.83 ACRE PORTION OF A 19.12 ACRE SITE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Commission, as the governing body of the Town of Lake Park, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the Town’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the Town of Lake Park received an application (“Application”), fi-om Urban Design Studio and Kimley-Hom and Associates, (“Agents”) for the Target Corporation (“Applicant”) for development approval of a 13 1,839 square foot retail center on a 10.83 acre portion of a 19.12 acre site generally located at the southeast 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; and WHEREAS, the proposed site plan request is presented concurrent with a request to rezone the property fiom Traditional Neighborhood Development (TND) to Planned Unit Development (PUD) in the Town of Lake Park, and fiom Research and Light Industrial Park District (MI) to PUD with an underlying CG-1 district designation in the City of Palm Beach Gardens; and WHEREAS, an Interlocal Agreement was executed between the City of Palm Beach Gardens and the Town of Lake Park in or about March 2004 for a joint development review of the subject site; and WHEREAS, the Town’s Planning and Zoning Commission reviewed the Site Plan at a public hearing conducted on June 8, 2004, and has recommended it’s approval; and WHEREAS, the Town Commission has considered the evidence presented to it by the Town Staff, the Applicant, and other interested parties and members of the public, regarding the Application’s consistency with the Town’s Comprehensive Plan and whether it meets the Town’s Land Development Regulations, and WHEREAS, the Town Commission has determined that certain conditions as set forth herein, are necessary for the Application to be consistent with the Town’s Comprehensive Plan and to meet the Town’s Land Development Regulations; and WHEREAS, the Applicant, it’s successors and assigns shall be subject to the conditions contained in Section 3. NOW THEREFORE, be it ordained by the Town Commission of the Town of Lake Park; Section 1: The whereas clauses are incorporated herein as true and correct findings of fact and conclusions of law of the Town Commission. Section 2. The Town Commission hereby approves the Site Plan application for Northlake Square East, to permit the development of a 131,839 square foot retail center, on a 10.83 acre portion of a 19.12-acre site located at the southeast comer of the intersection of Northlake Boulevard and Congress Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake Park, including the list of uses attached hereto as Exhibit “A” and incorporated herein, and subject to the conditions of approval contained in Section 3, which are in addition to the general requirements otherwise provided by local ordinances. Section 3. Commission shall be subject to the following conditions: Approval of the Site Plan for the subject property by the Town 1. the property. Prior to the issuance of the first building permit, the Applicant shall plat 2. Prior to the issuance of the first building permit for vertical construction, the Applicant shall provide construction plans in sufficient detail to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. 3. Shopping cart corrals shall be provided by the Applicant and shall be screened fiom view by a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. 4. All mechanical equipment shall be screened from view. 5. Within thirty (30) day 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 increase the height of the proposed palms 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. (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 withn 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. 6. The applicant shall revise the building identification signage on the fiont (north) elevation of the building. The proposed logo shall be consistent in size to the proposed logo on the right (west) elevation of the building and the business name shall be reduced proportionate to the reduction of the logo. 7. along streets and pedestrian walkways. Metal halide lighting shall be used within the vehicular parking area, 8. Building lighting shall be installed around the entire building perimeter and on pedestrian walkways. No glare lighting shall be used. 9. above or near entryways and all exits including emergency exits. Timer clock or photocell lighting shall be provided for nighttime use 10. Prior to the issuance of the first building permit for vertical construction, the Applicant shall work with the Palm Beach County Sheriffs Office, to develop a high-resolution color digital closed-circuit security surveillance system with monitoring and photo printout capabilities. The Palm Beach County Sheriffs Office shall have final approval on the required number of cameras and location within the Planned Unit Development (PW. 1 1. canopy tree growth. Landscaping shall not conflict with lighting, including long-term 12. 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 loclung mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. Exterior roll-up doors shall be target hardened. f, All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. 13. Numerical addresses for the buildings shall: a. Be illuminated for nighttime visibility and be unobstructed; b. Have bi-directional visibility from the roadway; and c. Be placed at the fi-ont and rear of each business. 14. Within six (6) months of the issuance of any land alteration permit, the Applicant shall install and maintain the landscaping, irrigation, hardscape, and lighting from Congress Avenue to the eastern terminus of the property and all of the southern roadway shoulder of Northlake Boulevard between the eastern and western terminus of the subject property. A one-time six-month extension to complete buffer and right-of-way improvements may be granted by the Community Development Director upon review of sufficient justification. 15. Lighting, landscaping and irrigation within adjacent medians, adjacent roadway shoulders, and pedestrian pathways for Congress Avenue shall be installed within six (6) months of the issuance of the first clearing permit. A one-time six-month extension to complete buffer and right-of-way improvements may be granted by the Community Development Director upon review of sufficient justification. 16. The Applicant, it’s successors, and assigns, shall be responsible for its fair share of landscaping and irrigation maintenance with the Congress Avenue right-of-way median and road shoulder from Northlake Boulevard to the southern terminus of its property. 17. Prior to issuance of a permit for any land alteration (clearing), the Applicant shall submit, for Town approval, a landscape plan for the Congress Avenue medians and roadway shoulders for the areas adjacent to the subject site, excluding the area previously accounted for within the Northlake Square West Planned Unit Development (PUD). The proposed landscape plan shall be consistent with the approved plan for the medians adjacent to Northlake Square West Planned Unit Development (PUD). 18. Within six (6) months of the issuance of the clearingkind alteration permit, the Applicant shall install and maintain the landscaping and irrigation, as permitted by Palm Beach County, within the Congress Avenue right-of-way median and easterly road shoulder from Northlake Boulevard to the southern terminus of its property. A one-time six-month extension to complete buffer and right-of-way improvements may be granted by the Community Development Director upon review of sufficient justification. 19. Prior to construction plan approval, the Applicant shall provide a letter of consent fiom the utility easement owner(s), allowing light fixture poles andor landscaping within their utility easements. 20. Prior to issuance of the first Certificate of Occupancy, the Applicant shall provide an exclusive right-turn ingress lane at the Northlake Boulevard dnveway. 2 1. The applicant, successors, or assigns shall provide their best efforts to maintain the transplanted and relocated banyan trees provided for 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. 22. Prior to issuance of the first Certificate of Occupancy, the Applicant shall provide an exclusive right-turn ingress lane at the Congress Avenue driveway. 23. Prior to issuance of the first Certificate of Occupancy, the Applicant shall Provide an exclusive left-turn ingress lane at the Congress Avenue driveway. 24. Prior to the scheduling for City Commission, the Applicant shall resolve all Traffic Impact issues related to the project. 25. All delivery andor loading areas shall be screened from view from Northlake Boulevard, Congress Avenue, and Killian Drive, and all principal parking areas with a combination of landscaping and walls. The exterior finish on all walls shall be consistent with the color and character of the main structure. 26. Overnight storage or parking of delivery vehicles, trucks or trailers shall not be permitted on the site except within designated loading areas indicated on the site plan 27. No outdoor speaker or public address systems, whch are audible off-site, shall not be permitted. 28. Outdoor storage or placement of any material, refuse, or equipment shall be screened from view. Ths includes staging areas. 29. The exfiltration trench located on the east side of the property needs to be relocated outside of the proposed 17 foot drainage easement. 30. Upon platting the property the 17 foot drainage easement needs to be dedicated to the Town of Lake Park with a caveat that the 60 inch drainage pipe located within the easement be maintained by the applicant, successors, or assigns. Section 4. waivers: 1. 2. 3. 4. 5. The Town Commission hereby approves the following Waiver from Town Code 32-86-f-5 (Minimum Parking Dimensions), to allow for nine and one-half (9.5) foot wide parking stalls. Waiver from Town Code 32-86-f-5 (Wheelstops), to allow for the elimination of required wheel-stops. Waiver from Town Code 32-86, Schedule 32-86-1 (Number of required spaces), to eliminate 1 18 required spaces. Waiver from Town Code Section 32-146-h-2 (Tree Spacing), to allow for an increase in spacing from 20 feet to 30 feet. Waiver from Town Code Section 32-146-a-1 (Minimum Landscape Requirements, non-residential), to increase the percentage of sod used in the landscape area from 40% to 69% 6. Waiver from Town Code Section 32-80 Table 32-86-1 (Minimum Parking Bay Dimensions), to allow a reduction in the parking stall length from 18 to 16.5 with a (1.5 over-hang). Section 5. on file with the Town of Lake Park. This approval shall be in compliance with the following plans 1. Northlake Square West Site Plan, Sheet 1 of 1, Urban Design Studio, May, 5, 2004. 2. Boundary Survey, Sheet C2, Lidberg Land Surveying, Inc., September 14, 2000. 3. Existing Conditions, Demolition Plan, Erosion and Horizontal Control Plans, sheets C3 through C5, Kimley Horn and Associates, May 5,2004. 4. Signage and Marketing Plan, Sheet C6, Kimley Horn and Associates, May 5, 2004. 5. Paving, Drainage and Grading Plans, Sheets C7 through C8, Kimley Horn and Associates, May 5,2004. 6. Northlake & Congress Driving Plans Sheets C9 & C9A, Kimley Horn and Associates, May 5,2004. 7. Paving, Grading and Drainage Details & Seacoast Utility Details, Kimley Horn & Associates, Sheets C10 through C14, May 5,2004. 8. Signage Plan, Sheet C15, Kimley Horn and Associates, May 5,2004. 9. Landscape Plan, Sheet LA PP, Kimley Horn and Associates, May 5,2004 10. Hardscape Details & Irrigation Plans, Sheets LA5 through IR-2, Kimley Horn and Associates, May 5,2004. 1 1. Photometric and electric plans, Sheets SE-1 through SE-4, Kimley Horn and Associates, May 5,2004. 12. Target, Floor Plans, Sheets A1 through AlD, KKE Architects, May 17,2004. 13. Target Roof Plans, Sheet A4, KKE Architects, May 17,2004. 14. Target, Elevations, Sheets A8 through A8b, KKE Architects, May 17,2004. Section 6: Adoption of Resolution This Resolution shall become effective immediately upon by the Town of Lake Park, Florida. (This space has been intentionally left blank.) The foregoing RESOLUTION was offered by Commissioner moved its approval. The motion was seconded by Commissioner and being put to a vote, the result was as follows: , who 9 AYE NAY MAYOR PAUL CASTRO VICE MAYOR CHUCK BALWS COMMISSIONER PAUL, GARRETSON COMMISSIONER ED DALY COMMISSIONER JEFF CAREY The Mayor thereupon declared Resolution No. adopted this - day of September, 2004.. duly passed and TOWN OF LAKE PARK, FLORIDA BY: Mayor Paul Castro ATTEST: Approved as to form and legal sufficiency Stephanie Thomas Interim Town Clerk Thomas J. Baird, Town Attorney (Town Seal) il C,' ', '. , : . ...... ..... .. .;I .... I' ,: .. ... _. .... .. ' ... .. .. ' . _..._ .. .'. ._ . 'I . . L-r: . .I.-* .II :. .. .. .. .. " .: .. L., m ... .. , . U b L .. I.' .. .. ._ , .. '. ,. _. . .% i. .. . , .. t .C uoqin d I a m e 'p _. -- c s d I- urn- -7 t I ----- r 2 \ r D li B U D # IC I c) P 3 0 m 2 (19 I 6 6 1c B v b 3 IC n r I 0 0 0 0 P 1 \ r m m r B -I 7 2 b r 3 1 I I! I/ il s 2 F G) b 3 0 n 2 u) Po rn 3 0 J (D -. 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