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Page 2 Fairway Commons PMD CM Memo PMD-14-01/SPA-14-01/ SUB-14-03/14-97500007/14-8000002
Accompanying this petition is also a request for tentative plat approval for the proposed Fairway Commons PMD Plat. The Fairway Commons PMD Master Site Plan and Fairway Commons PMD Plat are requested for the property which is generally located at 5900-6300 North Military Trail ("Project").
The PMD regulations in the City's Code require participation in the City's transit programs. The City's Code indicates that a PMD shall either implement and maintain a shuttle service operating between the PMD and the Tri-Rail Station, or pay an annual fee to the City. The Applicant is proposing provide a one-time contribution of $25,000 for the City's shuttle service and not pay an annual transit fee to the City. To approve the Petition as submitted, a modification of development parameters, pursuant to Section 28-1843, Code of Ordinances, is required to not provide a shuttle service or pay an annual transit fee to the City. As will also be discussed further in this memorandum, because the Applicant has opted to not provide ongoing annual participation in the City's transit programs, staff is not recommending approval of the Project.
The Project site is located located within the Arvida Park of Commerce (APOC) on the east side of North Military Trail between Clint Moore Road and Yamato Road and is addressed as 5900-6300 North Military Trail ("Property"). Immediately to the north of the Property is an 80 foot Lake Worth Drainage District (LWDD) easement area (former LWDD L-41 Canal) and large office buildings which house Office Depot's International Corporate Headquarters. To the east and south of the Property, is the Broken Sound Golf course. Across North Military Trail is the San Marco residential development.
The Property is currently vacant, heavily vegetated (contains existing preservation areas), and comprises four (4) parcels containing 25.66 acres in area. In late 2013, the Property was sold to the owner of the Fairway Commons PMD from the Office Depot property to the north of the site. A portion of property owned by Office Depot to the north of the Project site, which is an 80 foot LWDD easement area (former LWDD L-41 Canal), will be used for some parking for the Project. This 80 foot LWDD easement area was the subject of a previously approved Tri-Party Piping, Paving, and Parking (PPP) Agreement with the LWDD which allowed for parking to be placed on this parcel.
This PMD Site Plan is the fourth PMD project proposed under Ordinance Nos. 5224 and 5225 adopted on December 11, 2012. If approved, this PMD project will be the third PMD development located within APOC.
Concurrently with this petition, staff processed a proposed text amendment to the Planned Mobility Development section of the City's Code of Ordinances, Ordinance 5292 ("Ordinance"), to reduce the number of points required pursuant to the Planned Mobility Matrix ("Matrix") and to clarify the continued applicability of the Matrix, in effect on August 27, 2013, to lands zoned PM-0.25. The Fairway Commons PMD Project needed the benefit of this Ordinance to achieve the required number of Matrix points that will be provided for in this Ordinance. As such, the Fairway Commons PMD petition is also contingent upon approval of this Ordinance. On January 13, 2014, the City Council adopted Ordinance 5292 which did allow for a reduction in points in the PMD Matrix. Staff will discuss the Matrix and points associated with the Matrix for the Fairway Commons PMD later in this memorandum.
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Page 5 Fairway Commons PMD CM Memo PMD-14-01 ISPA-14-01 I SUB-14-03114-97500007 I 14-8000002
Some Board members suggested that the Project's plans be modified to provide more direct pedestrian connections from the commercial parking area fronting North Military Trail to the bus/transit stop and sidewalk on North Military Trail and to the commercial buildings in the Project. One Board member expressed concerns with the landscaping along the preserve areas in the Project. After discussion and comments, the CAB recommended approval of the Project.
COMPLIANCE WITH PMD REGULATIONS
The following chart sets forth the analysis of the proposed multifamily and retail components of the Project with the applicable PMD requirements. As indicated in the chart and subsequent paragraphs in this memorandum, contingent upon approval of four (4) proposed "Modification of Development Parameters" to the PMD Code requirements (bus shelter locations at every 600 feet of street frontage; the side yard setback at the northern property line; the 4 foot planted buffer for the sidewalk along North Military Trail, and ongoing participation in the City's transit programs), the Project will comply with all PMD Code requirements. However, as will be discussed later in this memorandum, because the Applicant has opted to not provide ongoing annual participation in the City's transit programs, staff is not recommending approval of the Project.
Development Parameter
Allowable Density
Allowable Intensity
Building Height
Required/Permitted
• 20 units per acre maximum/ • 25.66-acre PMD site allows a maximum of 513 dwelling units
• 0.6 floor area ratio (FAR) • 25.66-acre PMD site allows a
maximum intensity of 670,808 SF (total for both residential and non-residential development)
Maximum 85 feet
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Proposed
• 15.55 units per acre • 398 dwelling units
603,177 SF
• 534,328 SF or .48 for the proposed multifamily component
• 68,849 SF or .06 FAR for the six (6) proposed commercial (retail and grocery) buildings
• Retail "A"- Grocery Store-36 feet- 2-story building
• Retail "B"- Retail 31 feet- 1-story building
• Retail "C"- Retail 31 feet- 1-story building
• Retail "D"- Retail 26 feet- 1-story building
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AT 5900-6300 NORTH MILITARY TRAIL; CONSIDERING
MODIFICATIONS OF DEVELOPMENT PARAMETERS TO
ELIMINATE A REQUIRED PLANTED BUFFER ZONE
ADJACENT TO THE SIDEWALK ALONG THE NORTH
MILITARY TRAIL RIGHT-OF-WAY, TO ELIMINATE A
REQUIRED BUS SHELTER, TO REDUCE A SIDE SETBACK
TO 3 FEET, AND TO ELIMINATE REQUIRED ONGOING
PARTICIPATION IN CITY TRANSIT PROGRAMS;
REPEALING PLANNING AND ZONING BOARD
RESOLUTION NOS. 08-21 AND 13-18 WHICH APPROVED
A SITE PLAN FOR THE FAIRWAY CORPORATE CENTER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING AN EFFECTIVE DATE (PMD-14-
01/ SPA-14-01/14-97500007)
16 WHEREAS, on July 15, 2008, the Planning and Zoning Board of the City of Boca Raton
17 adopted Resolution No. 08-21 (City Case File No. SPA-07-27) which granted site plan approval
18 to construct three (3) office buildings (with each building having up to 33 percent
19 general/professional office space), two (2) parking structures and surface parking with two (2)
20 technical deviations from Chapter 28 to allow for restricted access with the adjoining parcel to
21 the north (Office Deport Corporate Headquarters (HUB Properties) and to exceed the maximum
22 150-foot pedestrian access distance standard within both parking structures for Fairway
23 Corporate Center located at 6000 North Military Trail;
24 WHEREAS on July 18, 2013, the Planning and Zoning Board of the City of Boca Raton
25 adopted Resolution No. 13-18 (City Case File No. SPA-07-27R1) which extended the duration
26 of the Fairway Corporate Center site plan approval granted pursuant to Planning and Zoning
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1 Board Resolution No. 08-21 prior to its expiration date of July 15, 2014 for an additional twenty-
2 four (24) months to July 15, 2016; and
3 WHEREAS, Fairway Commons Acquisition, LLC. ("Applicant"), filed an application for
4 approval of a planned mobility development master plan/site plan ("PMD Master Site Plan")
5 along with concurrent application for tentative plat approval (SUB-14-03/14-8250002) for the
6 Fairway Commons PMD (PMD-14-01/ SPA-14-01/14-97500007) generally situated at 5900-
7 6300 North Military Trail to construct a 398-unit multifamily residential development and 68,849
8 square feet of retail uses with structured parking attached to the multifamily building including
9 requests for technical deviations from City Code Section 28-1652, Code of Ordinances,
10 regarding allowing off-site parking, City Code Section 23-191 (d) regarding driveway design for
11 the project's North Military Trail driveways, City Code Section 23-190(d) regarding the driveway
12 reservoir distance for the southernmost North Military Trail driveway, and City Code Section 23-
13 190(b) to allow parking aisles in the project greater than 250 feet in length; and
14 WHEREAS, pursuant to City Code Section 28-1843, the Applicant requests a
15 modification of development parameters related to (1) bus shelter locations at every 600 feet of
16 street frontage; (2) the side yard setback at the property's northern property line; (3) the 4 foot
17 planted buffer for the sidewalk along North Military Trail and, (4) ongoing participation in the
18 City's transit programs;
19 WHEREAS, the Development Services Department has reviewed the PMD Master
20 Site Plan and has submitted its recommendation (the "Staff Report") to both the Planning and
21 Zoning Board and the City Council; and
22 WHEREAS, the Planning and Zoning Board conducted a public hearing on January
23 8, 2015 to consider the PMD Master Site Plan, and the components of both the master plan
24 and site plan, and upon taking testimony of interested parties, submitted its recommendation to
25 the City Council; and
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1 WHEREAS, the City Council conducted a public hearing on January 27, 2015 to
2 consider both the master plan and site plan components of the PMD Master Site Plan, the
3 recommendation of the Planning and Zoning Board, the Staff Report and the testimony taken
4 during the public hearing; and
5 WHEREAS, the public notice and publication provisions of Section 28-17 41, Code of
6 Ordinances, for public hearings before both the Planning and Zoning Board and City Council
7 have been satisfied; and
8 WHEREAS, the City Council, has reviewed both the master plan and site plan
9 components of the PMD Master Site Plan pursuant to Sections 28-54, 28-1688 and 28-1852,
10 Code of Ordinances; and
11 WHEREAS; the City Council has found both the master plan and site plan
12 components of the PMD Master Site Plan to be [consistent/inconsistent] with the
13 Comprehensive Plan and the City's Land Development Regulations; now therefore
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15 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA
16 RATON:
17 18 Section 1. The City Council hereby makes the following findings of fact:
19 (1) The PMD Master Site Plan is consistent with and furthers and promotes the 20 mobility goals, objectives and policies of the Comprehensive Plan; 21 22 (2) Full implementation of the PMD Master Site Plan mitigates single occupant 23 vehicle trips and total vehicle miles traveled by a meaningful and measurable amount when 24 compared to standard trip generation rates and average vehicle miles of travel without regard to 25 the planned mobility strategies of the PMD Master Site Plan and the mobility infrastructure 26 dedicated, constructed or for which the PMD Master Site Plan pays its proportionate fair share; 27 28 (3) The PMD Master Site Plan has secured the implementation of its planned 29 mobility strategies by dedication or construction of mobility improvements within the PMD; 30 31 (4) The PMD Master Site Plan has by dedication, construction or payment of its 32 proportionate fair share secured implementation of mobility infrastructure for the planning area 33 of the City within which it is located; 34
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(5) The proposed residential (and commercial) project will provide for multiple/mixed use land patterns that encourage a balance of complementary uses while respecting the existing character of surrounding land uses;
(6) The proposed residential (and commercial) project is consistent with and furthers the public health, safety, and welfare of the residents of the City;
(7) The location, sizes, and overall distribution of unit types support a viable residential project meeting a diversity of housing needs appropriate to the area and to the City overall;
(8) The proposed residential units are effectively dispersed and maximally located in relation to available employment uses and services and to other residential units;
(9) The proposed residential units support and enhance proximate employment centers;
Section 2. Section 28-1850(4)(a) (i), Code of Ordinances, requires a planted buffer
zone that is a minimum of four (4) feet in width, measured from the back of curb or when no
curb, ten (10) feet from the edge of pavement adjacent to a sidewalk fronting a public or private
right-of-way. The Applicant is proposing to eliminate a planted buffer zone adjacent to the
sidewalk along the North Military Trail right-of-way. To approve the Petition as submitted, a
modification of development parameters, pursuant to Section 28-1843, Code of Ordinances, is
required to allow the Applicant to eliminate a planted buffer zone adjacent to the sidewalk along
the North Military Trail right-of-way.
The City Council, accordingly, hereby [finds/does not find] that
a) evidence of the necessity of the modification to the development parameters to allow the Applicant to eliminate a planted buffer zone adjacent to the sidewalk along the North Military Trail right-of-way (the "First Modification") has been provided and the resulting impact has been considered and found acceptable to the City Council; and
b) The First Modification mitigates daily vehicle trips and vehicle miles traveled.
The City Council therefore [approves/does not approve) the First Modification and,
further, [finds/does not find] that the Petition including the First Modification satisfies the
decisional criteria in Sections 28-1688, and 28-1852, Code of Ordinances.
Section 3. Section 28-1850(6)(b)(i), Code of Ordinances, requires one (1) bus shelter
for every 600 feet of public right-of-way frontage served by a "Regional Transportation Service".
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1 The Applicant is proposing to only provide one (1) bus shelter along North Military Trail when,
2 based on the Project's roadway frontage along North Military Trail, two (2) bus shelters would
3 be required. To approve the Petition as submitted, a modification of development parameters,
4 pursuant to Section 28-1843, Code of Ordinances, is required to allow the Applicant to only
5 provide one (1) bus shelter along North Military Trail when, based on the Project's roadway
6 frontage along North Military Trail, two (2) bus shelters would be required.
7 The City Council, accordingly, hereby [finds/does not find] that
8 a) evidence of the necessity of the modification to the development parameters to allow 9 the Applicant to provide only qne ( 1) bus shelter along North Military Trail when two
10 (2) bus shelters are required (the "Second Modification") has been provided and the 11 resulting impact has been considered and found acceptable to the City Council; and 12 13 b) The Second Modification mitigates daily vehicle trips and vehicle miles traveled. 14 15 The City Council therefore [approves/does not approve] the Second Modification and, further,
16 [finds/does not find] that the Petition including the Second Modification satisfies the decisional
17 criteria in Sections 28-1688, and 28-1852, Code of Ordinances.
18 Section 4. Section 28-1850(7), Code of Ordinances, requires a 20 foot side setback to
19 the Property's northern property line. The Applicant is proposing a 3 foot side setback to the
20 Property's northern property line. To approve the Petition as submitted, a modification of
21 development parameters, pursuant to Section 28-1843, Code of Ordinances, is required to allow
22 the Applicant to provide a 3 foot side setback to the northern property line.
23 The City Council, accordingly, hereby [finds/does not find] that
24 a) evidence of the necessity of the modification to the development parameters to allow 25 the Applicant to provide a 3 foot side setback to the Property's northern property line 26 when a 20 foot side setback is required (the 'Third Modification") has been provided 27 and the resulting impact has been considered and found acceptable to the City 28 Council; and 29 30 b) The Third Modification mitigates daily vehicle trips and vehicle miles traveled. 31 32 The City Council therefore [approves/does not approve] the Third Modification and, further,
33 [finds/does not find] that the Petition including the Third Modification satisfies the decisional
34 criteria in Sections 28-1688, and 28-1852, Code of Ordinances.
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1 Section 5. Section 28-1850(6)(c), Code of Ordinances, requires participation in the
2 City's transit programs. The Code Section indicates that the PMD shall either implement and
3 maintain a shuttle service operating between the PMD and the Tri-Rail Station, or pay an annual
4 fee to the City. The Applicant is proposing to not provide a shuttle service or pay an annual
5 transit fee to the City. The Applicant is proposing to pay a one-time contribution of $25,000 to
6 the City's shuttle service. To approve the Petition as submitted, a modification of development
7 parameters, pursuant to Section 28-1843, Code of Ordinances, is required to eliminate the
8 requirement for provision of a shuttle service or payment of an annual transit fee to the City.
9 The City Council, accordingly, hereby [finds/does not find] that
10 a) evidence of the necessity of the modification to the development parameters to not 11 offer a shuttle service or pay an annual transit fee to the City (the "Fourth 12 Modification") has been provided and the resulting impact has been considered and 13 found acceptable to the City Council; and 14 15 b) The Fourth Modification mitigates daily vehicle trips and vehicle miles traveled. 16 17 The City Council therefore [approves/does not approve] the Fourth Modification and, further,
18 [finds/does not find] that the Petition including the Fourth Modification satisfies the decisional
19 criteria in Sections 28-1688, and 28-1852, Code of Ordinances.
20 Section 6. Applicant's request for approval of the master plan component of the
21 PMD Master Site Plan on the following described property and its related modification to
22 development parameters is hereby [approved/not approved]. The PMD Master Site Plan
23 property is described as follows (the "Property"):
24 25 Parcels "A", "B", "C" and "D", Arvida Park of Commerce Plat No. 10, 26 according to the plat thereof, as recorded in Plat Book 50, Page 149, of 27 the Public Records of Palm Beach County, Florida, together with Parcel 28 "A", Arvida Park of Commerce Plat No. 11, according to the plat thereof, 29 as recorded in Plat Book 50, Page 151, of the Public Records of Palm 30 Beach County, Florida. Said lands lying Section 1, Township 47 South, 31 Range 42 East, City of Boca Raton, Palm Beach County, Florida. 32 33 (Concurrent with this development order there is a proposed replat of the 34 property which plat shall be named "Fairway Commons".) 35 36 Containing 1,118,013 square feet or 25.66 acres more or less.
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1 Section 7 This approval is based on the PMD Master Site Plan entitled "Fairway
2 Commons" Site Plan, prepared by Thomas Engineering Group, date stamped as received by
3 the City of Boca Raton Development Services Department on January 2, 2015 together with
4 that certain Planned Mobility Matrix Evaluation and Shared Parking Evaluation, prepared by
5 JMD Engineering, Inc., which were date stamped as received by the City of Boca Raton
6 Development Services Department on November 25, 2014. In addition, this approval relies
7 upon and is subject to the commitments and voluntarily proffered contributions and
8 improvements described in the Planned Mobility Matrix Analysis Executive Summary and
9 Planned Mobility Matrix Worksheet, prepared by JMD Engineering, Inc., dated November 25,
10 2014, which are attached hereto and incorporated by reference as Composite Exhibit "A" (the
11 "Planned Mobility Matrix") as set forth in the conditions included in this approval.
12 Section 8. The Project Applicant's request for approval of the site plan component of
13 the PMD Master Site Plan is attached hereto as Exhibit "B" is hereby [approved/not approved]
14 for the Property described in Section 6, subject to the conditions of approval provided in Section
15 10:
16 Section 9. A technical deviation from Section 28-1652, Code of Ordinances, to allow
17 for 51 of the 1 ,440 required parking spaces to be off-site at the property to the north (Lake
18 Worth Drainage District easement area) has been requested. A technical deviation from
19 Section 23-191 (d), Code of Ordinances, regarding driveway design to eliminate a median at two
20 (2) intermediate driveways on North Military Trail (second and fourth driveways from the
21 Property's southern property line), when a minimum four (4) foot median is required for these
22 intermediate driveways on North Military Trail, has been requested. A technical deviation from
23 Section 23-190(d), Code of Ordinances, regarding the driveway reservoir distance for the
24 southernmost North Military Trail driveway to provide a 45 foot reservoir when a 50 foot
25 reservoir is required has been requested. A technical deviation from Section 23-190(b), Code
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w t 1;t: \ l.Dfo RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484
PREPARED BY: MARK A. PERRY, P.A. 50 SE Fourth Avenue Delray Beach, FL 33483
TRI-P ARTY
CFN 20130544;~9 ···1
OR BK 26525 PG 1588 RECORDED 12/2&/2013 13:41~03 Palm Beach County, Florida Shar·on R. Bockr CLERK & COMPTROLLER Pgs 1588 - 1602; (15pgs)
PIPING, PAVING AND PARKING LICENSE AGREEMENT LWDD LATERAL CANAL NO. 41
LWDD PROJECT NO. 06-8274P.Ol
THIS TRI-PARTY PIPING, PAVING AND PARKING LICENSE
AGREEMENT LWDD LATERAL CANAL NO. 41, LWDD PROJECT NO. 06-
8274P.Ol, hereinafter referred to as the AGREEMENT, is entered into as of the 23 day of December, 2013, hereinafter referred to as the EFFECTIVE DATE, by and
between the LAKE WORTH DRAINAGE DISTRICT, a special taxing district
in the State of Florida, whose mailing address is 13081 Military Trail, Delray
Beach, Florida 33484-1150, hereinafter referred to as "LWDD", HUB
PROPERTIES TRUST, a Maryland real estate investment trust, whose
mailing address is Two Newton Place, 255 Washington Street, Suite 300, Newton,
Massachusetts 02458, hereinafter referred to as "HUB PROPERTIES", and
FAIRWAY COMMONS ACQUISITION LLC, a Florida limited liability
company, whose mailing address is c/o Schmier & Feurring Properties, Inc., 2200
Butts Road, Suite 300, Boca Raton, Florida 33431, hereinafter referred to as
"FAIRWAY COMMONS".
WHEREAS, HUB PROPERTIES is the owner of that certain property
located in Palm Beach County, hereinafter referred to as "NORTH PARCEL", more
particularly described in Exhibit "A'.' attached hereto and made a part hereof; and
4843-3570-4087.1 48683/0001
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'WHEREAS, FAIRWAY COMMONS is the owner of that certain property
located in Palm Beach County, hereinafter referred to as "SOUTH PARCEL", more
particularly described in Exhibit "B" attached hereto and made a part hereof; and
WHEREAS, LWDD maintains and controls certain right, title or interest in
Lateral Canal No. 41, hereinafter referred to as "L-41 Canal", which is located on
the NORTH PARCEL and which is contiguous to the SOUTH PARCEL; and
WHEREAS, by a certain Piping, Paving and Parking License Agreement,
dated August 11, 2010, between LWDD and BOCA 54 NORTH LLC, a Delaware
Limited Liability Company, as recorded in the Public Records of Palm Beach County,
Florida in Record Book 24008, Page 1034, hereinafter referred to as "ORIGINAL
AGREEMENT", LWDD granted a license to allow BOCA 54 NORTH LLC to pipe a
portion of the District's Lateral Canal No. 41, hereinafter referred to as the "LICENSE
AREA", for the pill"J>OSe of the installation of paving for parking, landscaping, lighting,
and signage, subject to the terms therein contained; and
WHEREAS, by a certain Amendment to Piping, Paving and Parking License
Agreement dated November 5, 2010 between LWDD and BOCA 54 NORTH LLC, as
recorded in the Public Records of Palm Beach County, Florida in Record Book 24183,
Page 17 50, hereinafter referred to as "AMENDMENT", LWDD amended the
ORIGINAL AGREEMENT to reflect the revised engineering plans for the project,
subject to the terms and conditions therein contained; and
WHEREAS, by a certain Easement Agreement, dated January 11, 2011 as
recorded in Official Records Book 24337, Pages 1789-1805, of the Public Records of
Palm Beach County, hereinafter referred to as "EASEMENT", BOCA 54 NORTH LLC
granted to the owners of the SOUTH PARCEL an easement to use a portion of the
NORTH PARCEL, hereinafter referred to as the "EASEMENT AREA", subject to the
existing easement for the L-41 Canal; and
WHEREAS, BOCA 54 NORTH LLC conveyed its interest in the NORTH
PARCEL to HUB PROPERTIES pursuant to that certain Special Warranty Deed
recorded on Ja~ua~· 31, 20lll.n Official Records Book 24337, Pages 1806-1811, of the
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Public Records of Palm Beach County, which property includes the LICENSE AREA
and the EASEMENT AREA; and
WHEREAS, by a certain Assignment of Piping, Paving and Parking License
Agreement and Amendment to Piping, Paving & Parking License Agreement dated
May 17, 2011, as recorded in the Public Records of Palin Beach County, Florida in
Record Book 24547, Page 1611, hereinafter referred to as "ASSIGN!\fENT", the
ORIGINAL AGREEMENT and AME:t--rDMENT were assigned to HUB PROPERTIES;
and
WHEREAS, the parties desire to ainend the ORIGINAL AGREEMENT, as
previously amended by the AMEl\TDMENT and the ASSIGNMENT, in the manner
set forth in this AGREEMENT.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
considerations, received by each party from the other, it is hereby agreed as follows:
1. The facts above are true and correct.
2. LWDD does hereby grant HUB PROPERTIES and FAIRWAY COMlVI:ONS,
hereinafter together known as "LANDO\iVNERS", (a) a license to allow
LANDOWNERS to maintain the existing pipe and its endwalls, hereinafter
referred to as the "PIPE IMPROVEMENTS", and a license for access to the
NORTH PARCEL and SOUTH PARCEL, and to use and maintain the related
ancillary improvements previously approved by LWDD related thereto, and (b)
a license to maintain the PIPE IMPROVEMENTS and install and maintain
paving for parking, landscaping, lighting and signage, if applicable, to be
installed by FAIRWAY COMMONS after the EFFECTIVE DATE pursuant to
the terms of this AGREEMENT, hereinafter referred to as "PERMITTED
IMPROVEMENTS" and to maintain the PERMITI'ED IMPROVEMENTS after
those are installed.
3. PERMITTED IMPROVEMENTS shall be installed by FAIRWAY COMMONS
within one (1) year from the EFFECTIVE DATE. FAIRWAY COMMONS may
request LWDD's approval of an extension of this one (1) year period and LWDD
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hereby agrees that it shall review any such request in good faith and shall not
unreasonably withhold or delay its approval for any such extension. Before
requesting site plan approval from the City of Boca Raton, FAIRWAY
COMMONS shall first submit a site plan showing the PERMITIED
IMPROVEMENTS, which shall be reviewed and approved by LWDD, such
approval not to be unreasonably withheld. Before installation of PERMITTED
IMPROVEMENTS, FAIRWAY COMMONS shall submit signed and sealed
plans for the PERMITTED IMPROVEMENTS for review and approval by
LWDD, such approval not to be unreasonably withheld. When FAIRWAY
COMIVIONS submits to LWDD the signed and sealed plans as described in
paragraph 3 above, it shall also deliver a letter of credit to LWDD in the form·
attached hereto as Exhibit "C" (the "Letter of Credit") in an amount equal to
110% of an engineer's certified estimate of the cost to complete the
PERMITTED ilv1PROVEMENTS. The Letter of Credit will be released and
the original thereof returned to the FAIRWAY COMMONS upon issuance of
a final inspection by LWDD of the PERMITTED IMPROVEMENTS, which
inspection shall not be unreasonably withheld. Should FAIR\VAY
COMMONS fail to install the PERMITTED IMPROVEMENTS within one (1)
year from the EFFECTIVE DATE, LWDD may draw down upon the Letter of
Credit as its liquidated and agreed damages on account of such failure, and
LWDD waives all other rights and remedies in connection with the failure to
install the PERMITTED IMPROVEMENTS (including, without limitation, any
right to terminate this AGREEMENT).
4. Within five (5) business days of the EFFECTIVE DATE of this
AGREEMENT, LWDD shall return to BOCA 54 NORTH LLC the original of
that certain letter of credit numbered 3113613 that has been delivered to
LWDD by BOCA 54 NORTH LLC, together with all amendments and
extensions thereto.
5. LANDOWNERS agree to maintain the PIPE IMPROVEMENTS, and, pay all
expenses there involved, so as to provide at all times that the condition of the
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pipe remains suitable to facilitate the free flow of water through the pipe and
further to maintain and keep said PIPE IMPROVEMENTS in a good, safe,
usable condition and also to keep the PIPE IMPROVEMENTS in compliance
with good engineering standards and to perform all acts of maintenance that
L'Y\TDD may reasonably require in writing. In the event LANDOWNERS fail to
effect such maintenance within 30 days after written notice feom LWDD to the
LANDOWNERS demanding same, this AGREEMENT, together with the
ORIGINAL AGREEMENT, as revised by the AMENDMENT and
ASSIGNMENT, shall automatically be null and void and all rights hereunder
and thereunder shall be deemed released, and LWDD shall h~ve the authority
to restore the LICENSE AREA as an open channel canal and shall have the
right to reclaim ownership of any pipe salvage, and the expenses thereby
reasonably incurred, including reasonable attorney's fees, shall become a lien,
effective upon filing said lien, against the NORTH PARCEL and the SOUTH
PARCEL, and such lien shall be enforceable and collectable against
LANDOWNERS and the NORTH PARCEL and the SOUTH PARCEL in
accordance with the laws of the State of Florida. LANDOWNERS acknowledge
that by the removal of the PIPE IMPROVEMENTS, the SOUTH PARCEL may
become non-conforming and LANDOWNERS assume all risks associated
therewith and LANDOWNERS release, indemnify and hold harmless LWDD
for the removal of the PIPE IMPROVEMENTS pursuant to the terms hereof
and the resulting possible non-conforming use of SOUTH PARCEL.
6. FAIRWAY COMMONS agrees to maintain the installed PERJVUTTED
IMPROVEMENTS, and pay. all expenses there involved, so as to provide at all
times that the condition of the PERMITTED IMPROVEMENTS in a good, safe,
usable condition and also to keep the PERMITTED IMPROVEMENTS m
compliance with good engineering standards and to perform all acts of
.. ,_,, . m~n,tenance that LWDD may reasonably require in writing. In the event
FAIRWAY COMMONS fails to effect such maintenance·withiiYthirty·-(30) days
after written notice from LWDD to LANDOWNERS demanding same (which
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30-day period shall be extended for up to an additional thirty (30) days so long
as LANDOWNERS are diligently pursuing a cure of any failure to maintain the
. PERMITED IMPROVEMENTS about which LAl\TDOWNERS have received
notice hereunder), this AGREEMENT, together with the ORIGINAL
AGREEMENT, as revised by the AMENDMENT and. ASSIGNMENT, shall
automatically be null and void as to FAIRWAY COMMONS (but not HUB
PROPERTIES) and all rights hereunder and thereunder shall be deemed
released as to FAIRWAY COMMONS (but not HUB PROPERTIES), and
LWDD shall have the authority to restore the LICENSE AREA to the condition
that existed before the PERMITTED IMPROVEMENTS were installed by
FAIRWAY COMMONS, and the expenses thereby reasonably incurred,
including reasonable attorney's fees, shall become a lien, effective upon filing
said lien, against the SOUTH PARCEL, and such lien shall be enforceable and
collectable against FAIRWAY COMMONS and the SOUTH PARCEL in
accordance with the laws of the State of Florida. FAIRWAY COMMONS
acknowledges that by the removal of the PERMITTED IMPROVEMENTS, the
SOUTH PARCEL may become non-conforming and FAIRWAY COMMONS
assumes all risks associated therewith and FAIRWAY COMMONS releases,
indemnifies and holds harmless LWDD for the removal of the PERMITTED
IMPROVEMENTS pur~uant to the terms hereof and the resulting possible non
conforming use of SOUTH PARCEL.
7. FAIRWAY COMMONS shall provide a report to LWDD and HUB
PROPERTIES every five years, prepared and signed and sealed by a licensed
professional engineer registered in the State of Florida as to the structural
integrity of the pipe, which report shall confirm that the pipe was inspected for
deficiencies, repaired, if necessru.·y, and cleaned to remove any debris,
including but not iimited to excessive silting, that would restrict the flow of
.. _ ,, ~.,,,,,,,,",.'···'·}he piped area.
8. FAIRWAY COMMONS shall maintain a generai liability polie)F'i1aming·the
Lake Worth Drainage District and HUB PROPERTIES as additional
6 4843-3$70-4087. I .
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Will Call #166
insureds in the amount of One 11J.llion ·Dollars ($1,000,000.00) and such J
insurance policy shall be kept in full force and effect during the term of this
AGREEMENT and the expenses of same shall be borne by FAIRWAY
COMMONS or its successors and./or assigns. HUB PROPERTIES shall
maintain a general liability policy naming the Lake Wo1·th Drainage District
as an additional insured in the amount of One Million Dollars ($1,000,000.00)
and such insurance policy shall be kept in full force and effect during the
term of this AGREEMENT and the expenses of same shall be born~ by HUB
PROPERTIES or its successors and/or assigns. Proof of such coverage shall
be delivered to LvVDD upon written request therefor and within thirty (30)
days of the annual renewal date of the policy.
9. All notices required or allowed by this Tri-Party Piping, Paving and Parking
License Agreement shall be delivered in person or mailed by Priority Mail
Flat Rate, postage prepaid, to the party upon whom such notice is to be given
at the following addresses:
LANDOWNER NORTH PARCEL
Copies to:
and
LANDOWNER SOUTH PARCEL
HUB PROPERTIES TRUST Two Newton Place 255 Washington Street, Suite 300 Newton, Massachusetts 02458 Attn: David M. Lepore
Florida East Coast Industries 2855 Le Jeune Road, 4th Floor Coral Gables, FL 33134 Attn: Margarita Martinez Miguez
' Assistant General Counsel
Sullivan & Worcester LLP One Post Office Square Boston, MA 02109 Attention: John M. Steiner, Esq .
Fairway Comriion'ifAcquisition LLC c/o Schmier & Feurring Properties, Inc.
7 4843-3570-4087.1
48683/0001
·-~ ...
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Will Call #166
Copy to:
LWDD:
Copy to:
I ,·
2200 Butts Road, Suite 300 Boca Raton, Florida 33432 Attn: Brian Schmier
Jeffrey A Deutch, Esq. Broad and Cassel 7777 Glades Road, Suite 300 Boca Raton, FL 33434
Robert M. Brown, Executive Director Lake Worth Drainage District 13081 Military Trail . Delray Beach, FL 33484-1105
Mark A Perry, General Counsel Lake Worth Drainage District 13081 Military Trail Delray Beach., FL 33484-1105
10. As of the Effective Date, this AGREEMENT shall automatically amend and
become a part of the ORIGINAL AGREEMENT, as revised by the
AJVIENDMENT and the ASSIGNMENT. Wherever the terms of this
AGREEMENT and the terms of the ORIGINAL AGREEMENT, the
AMENDMENT and/or the ASSIGNMENT are in conflict, the terms of this
AGREEMENT shall govern and controL The initial capitalized terms used
herein, unless otherwise defined in this AGREEMEJ\TT, shall have the
meanings ascribed to them in the ORIGINAL AGREEMENT, as revised by
the AMENDMENT and the ASSIGNMENT. With regard thereto, by its
execution hereof, FAIRWAY COMMONS accepts and assumes all obligations
and liabilities of the "LANDOWNER" and "LANDOWNERS" pursuant to the
ORIGINAL AGREEMENT,· the AMENDMENT, the ASSIGNMENT and this
AGREEMENT. Further, by its exec~tion hereof, LWDD hereby confirms that it
has no actual knowledge of a default of any obligations under the ORIGINAL
AGREEMENT, as revised by the AMENDMENT . .;t:p,d the ASSIGNMENT, or
8 4843-3570-40&7.1
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Will Call #166
any facts or circumstances which, with the giving of notice andlor the passage
of time, could reasonably be expected to result in any such default.
IN WITNESS WHEREOF, the parties have hereunto executed this Tri-Party Piping,
Paving and Parking License Agreement the day and year first above written.
LAKE WORTH DRAINAGE DISTRICT, a special taxing district
By: ¢Ly (fV-<iu~ Harry Raucher, President
Attest:?~"! . ~. Robert M. Brown, Secretary
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared HARRY FAUCHER and ROBERT M. BROWN, the President and Secretary, respectively, of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath.
Notary Stamp or Seal
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9 4843-3571>-4087. I
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Will Call #166
\"VITNESSES:
(1) Witness Signature
Jra;~w I. ~w~tl I
Printed N arne of Witness
LANDOWNER NORTH PARCEL
HUB PROPERTIES TRUST, a Maryland real estate investment trust
ByV-4 ac ~2= David M.lepore
SentorVIce President
Two Newton Place 255 Washington Street, Suite 300 Newton, MA 02458
Post Office Address
COMMONWEALTH OF MASSACHUSE'ITS : COUNTYOF )A ict~)0 :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared __ ~A JA · Up OIL , the ~ V-? of HUB PROPERTIES TRUST, a Maryland real estate investment trust. He I She is personally known to me, or has produced~ !JYl allii .f<tn.Gyy\ ±u ({)(l! as identifi.catwn, and who dld (did not) take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the \ b day of D-tCl~ , 2013.
06-8274P.Ol 4819-2620..(1599.2 48683/0001
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Will Call #166
VviTJ:\TESSES:
(1) Vlitness Signature
fSotqc[ ~;,.";-"rL Printed Name ofWitness
. ··'? , .
. ''(,,\ . ''-. .......................... ---(2) W{tness Signature
: I 1 f ·. /
1
1 /\.. ... / /) j ( (., fe •J,-lf ('' ,<1.) P;in~ed .. arne of Witness ,
STATE OF FLORIDA COUNTY OF PALM BEACH
LANDOWNER SOUTH PARCEL
FAIRvVAY COMMONS ACQUISITION LLC, a Florida limited liability ·company
By: Fau·way Retail Investors LLC, its
Membf
By: () ... ~~ Name: ~fl.lAN >'-t\t~~te..rt Title: lvi.Atl A. 6-rz Q._
c/o Schmier & Feurring Properties, Inc. 2200 Butts Road, Suite 300 Boca Raton, Florida 334311..
Post Office Address
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the . State and County aforesaid to take acknowledgments, personally appeared BRIAN SCHMIER, the ~ of Fairway Retail Investors LLC, as Member of FAIRWAY COMMONS ACQUISITION LLC. He is personally known to me, or has produced Q~ ~ as identification, and wh{Hlid(didll(;) take an oath. ·
WITNESS my hand and official seal in the County and State last aforesaid this the ao day of De~ , 2013.
Notary'~blic
Kathryn A. Lopez Notary Public - State of Florida commission 10 # EE 167438
My Commission Expires 2/2012016
Notary Stamp or Seal
12 484J-3S70-4087.1
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EXHIDIT "A"
NORTH PARCEL
Parcels "B", "C", "D", "E" and "F", of ARVIDA PARK OF COlvilvfERCE PLAT NO. 11, according to the plat thereof, recorded in Plat Book 50, Page 151, less those road right of way parcels conveyed to Palm Beach County in Warranty Deed recorded in Official Records Book 22626, Page 1566, Public Records of Palm Beach County, Florida;
TOGETHER with the GOLF COURSE Pru:cel described as follows: Being a parcel of land situate in Section 1, Township 47 South, Range 42 East, City of Boca Raton, Palm. Beach County, Florida, and more particularly described as follows:
Commencing at the Southwest comer of the Northwest one~quarter of said Section 1; thence South 89 degrees 06'49" East, along the South line of the said Northwest one~quarter, a distance of 70.01 feet; thence North 00 degrees 00'35" west, a distance of 40.00 feet; thence South 89 degrees 06'49" East, a distance of 105.99 feet to the POJNT OF BEGINNING of this description; thence continue South 89 degrees 06' 49" East, a distance of 250.00 feet; thence North 00 degrees 00'35" West, a distance o£258.00 feet; thence North 89 degrees 06'49" West, a distance of 250.00 feet; t.'11ence South 00 degrees 00'35" East, a distance of 258.00 feet to the
POINT OF BEGINNJNG.
Development Services Department Staff Summary Report
Planning and Zoning Division
PROJECT NAME: GENERAL LOCATION: SUBJECT REQUEST:
PETITIONER: PROPERTY OWNER: PROPERTY OAT A: Area: Status of Property: Existing Zoning: Existing Complan Land Use: Proposed Zoning: Proposed Complan Land Use: Proposed Density and/or FAR: Previous Development Orders: Project- Building Square Footage: Trips - Vehicular Daily Trips: Technical Deviations: Platted: Subdivision Name:
Direction Zoning
North LIRP
South REG East REG
West R-1-D
COMPLAN PROVISIONS:
Vested _x_ Non-vested
DATE: January 15, 2015 CASE NO: PMD-14-01/SPA-14-01/ SU B-14-03/14-97 500007 I 14-80000002
Fairway Commons PMD 5900-6300 North Military Trail A single phased Planned Mobility Development ("PMD") Master Site Plan to allow a 398-unit multifamily residential development with attached structured parking and 68,849 square feet of retail uses including requests for technical deviations from City Code Section 28-1652 regarding allowing off-site parking, Section 23-191 (d) regarding driveway design for the project's North Military Trail driveways, Section 23-190(d) regarding the driveway reservoir distance for the southernmost North Military Trail driveway, and Section 23-190(b) to allow parking aisles in the project greater than 250 feet in length. In addition, modifications to development parameters to eliminate a required planted buffer zone adjacent to the sidewalk along the North Military Trail right-of-way, to eliminate a required bus shelter, to reduce a side setback to 3 feet, and to eliminate required ongoing participation in City transit programs are also requested. Tentative Plat Approval is also requested. J. Michael Marshal, GrayRobinson, P.A. Fairway Commons Acquisition LLC
25.66 acres Vacant/undeveloped land LIRP PM N/A N/A .60 FAR N/A Residential: 534,328 SF/ Commercial: 68,849 SF Net increase of 2,586 daily trips _X_ Yes _No [See above description] __2S._ Yes No Arvid a Park of Commerce Plat Nos. 1 0 & 11 [Proposing replat]
Zoning/Land Use Data
Future Land Use Designation Current Use
PM Office Depot Corp. Headquarters
PR Broken Sound Golf Course PR Broken Sound Golf Course
RL Military Trail/ San Marco SFR
Concurrent with all Levels of Service: _x_ Yes No Consistent with the Comprehensive Plan: _x_ Yes_ No CITY DEPARTMENTS COMMENTS: As Provided PUBLIC COMMENTS RECEIVED: N/A P & Z BOARD- 1/8/15- Appd. 7-0 with modifications
RECOMMENDATION: DENIAL IF APPROVED, with conditions contained in the accompanying resolutions.
PLANNED MOBILITY MATRIX- WORKSHEET
and Intensities): An internal capture rate is a percentage reduction that can be applied to the trip generation estimates for individual land uses to account for trips internal to the site. A common pie of internal trip making occurs at the multi-use development containing offices and a shopping/service area. Some of the trips made by office workers to shop, restaurants, or banks may occur on site.
ese types of trips are defined as internal to (captured within) the multi-use site.
I - --· I --· I .. I -·· I I - .. .... no• Must use ITETrip Generation Manual 9th I I I I I edition, Chapter 7, for internal capture
rocedure for multi-use developments.
used must concur with approved TPS analysis bnnnnlnnnn lu.;:;::::::ti-·A;· -~--;-o::;.:;:. ~-;o.;.--t-..::..:=-+......::..:::::::.:_t--=..::=.~-t-...::..:~::.._+-==--=~:_+_::_=:~-t---=-~~-J--=.:~~-+-=-=~~-1--=~~~ nn file with the City.
1) 1 bedroom units shall include an apartment consisting typically of a living room, a bedroom, a
$25% 26-40% 41-50% ?!51% bathroom and a kitchen. (for the purpose of this matrix, all efficiency apartment and studios shall
%of 1 bedroom units I be counted in the 1 bedroom category)
0.0 2.0 4.0 8.0 2) 2 bedroom units shall include an apartment consisting typically of a living room, two or !JJ.2!:g_
bedrooms, a bathroom or two and a kitchen.
%shall be rounded up to the higher number.
I I :s;25% I 26-35% I 36-45% <!46%
of 2 bedroom units r I I 0.0 I 1.0 2.0 I 4.0
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PlANNED MOBILITY MATRIX- WORKSHEET
be rated in the category the project site must have all vzt?'<<qH</0'<
3 0 0 0 required components listed below the rating.
6•0
• • 2) This includes the clustering of and design of the
street grid system and/or l)lncludes street grid system and/or
< 100 feet of uninterrupted fa~ade. 2: 60% frontage along the ROW.
opening to a street. ~0% of parking is to the rear of the
< 150 feet of uninterrupted facade. 6) 2:40% frontage along the ROW.
designed to maximize access to public transport, and often
I incorporates features to encourage transit ridership. A TOD neighborhood typically has a center with a transit station
stop (train station, metro station, tram stop, or bus surrounded by relatively high-density development
progressively lower-density development spreading from the center. TODs are generally located
a radius of one-quarter to one-half mile from a stop, as this is considered to be an appropriate scale
pedestrians. A TND includes land uses including residential, retail,
office, recreations, etc., within close proximity to one another, thereby providing for many of the daily needs of
inhabitants of the neighborhood. A TND is self-
socializing, walking, another aspects of a urban experience.
~-----~:£~~------1------~~~~=------1------~~~~------JiCoim~•leJmecntaryUses: Per Ordinance 5225, uses that allow vuu<L?jZ<'«C///1
person to meet multiple daily needs by walking from one 5.0 3.0 2.0
to a second use.
ICnmniPmPnt;mr uses I :> .zs mile I s .4 mile I s .6 mile ILIIStance shall be measured by reference to the most
convenient walking and/or biking route per Ordinance 4.0 3.0
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PLANNED MOBILITY MATRIX- WORKSHEET
1) Street furniture along all sidewalks. 2) Shaded rest stops. 3) Street trees along all walkways.
Provision for additional bicycle parking over the minimum; including long term and short term. 5) Pedestrian scaled lighting along all
Wayfinding signage program. Covered walkways along
public/private rights of way and from facilities and parking facilities to
1) Street furniture along public/private rights of ways. 2) Street trees along public/private
of way.
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Enhancements to an adjacent trail system can include landscaping, benches, directional signage, or safety systems; land acquisition for expansion or better connectivity of the system; additional entry points for the
bridges, and/or appropriate trail surfacing.
--• --1 _ .......... ""T1 u--tU
Page4 of 8
PlANNED MOBILITY MATRIX- WORKSHEET I ,rv,C1;;!1i.,;~:!~~ PROJECT NAME: JCASE/PROJECT #: ~,-s,~~~;;~i: ·'' '>
Total for Physical Character 24.00 21.00
5. Bicycle Friendliness -~~ Provide shower and locker facilities for employees on the basis of the following minimum criteria.
> 1 /f/10 000 sf ?: 2 m/f/10 000 sf ?: 3 m/f/20 000 sf . . . . _ - m ' · ' ' Gross square footage of shower and lockerfacJht1es shall be excluded from calculations of reqUired off-street parking. Office Buildings that provide one shower per gender for square footages 10,000 fL'"""'~""-'-~r.u;.Lk
Non-residential Use and above would receive 4.0 points, two showers per gender for square footages 10,000 and above Showers would receive 8.0 points and three showers per gender for square footages in excess of 20,000
4.0 8.0 16.0 square feet would receive 16.0 points. Clothing lockers shall be provided at a rate of 3 lockers per 16.00 16.00
required shower.
Total for Bicycle Friendliness 16.00 16.00
6. Off-street Parking -~ 100 99-90 89-80 79-70 69-60 59-50 49-40 39-30 29-20 <20 Percentage must be rounded down. Example: P'"'~""'""~~<..<.<:.u;.<..U:.
A project site proposes 600 parking spaces
with 418 parking spaces within a parking %of Required as structure and 182 surface parking spaces. Structured Parking 10.0 10.0 8.0 8.0 6.0 6.0 4.0 2.0 1.0 0.0 Therefore, this project would receive 6_0 10.00 4.00
points. (418/600 = .6966 = 69%)
:S 100ft :S 150ft :S 200ft :S 250ft :S 300ft :S 350ft :S 400ft :S 500ft >500ft Based on an average measured from the ~~ centroid point of each parking facility to the
Average Distance to Uses main front entrance of each building. (If served (entrance to center multiple facilities, use weighted average). The ,of parking) 8.0 8.0 6.0 6.0 4·0 4.0 3•0 2·0 O.O closer the parking facilities are designed to 8.00 8.00
I the main front entrances, the greater the points.
Yes No ~~ Internal Shuttle Circulator shall mean a privately owned vehicle used to transport employees, residents and patrons within the boundary of the site connecting places of employment, residences, places of interest, around the places of employment and transit stops. Size and the number of vehicle(s) shall be determined on the
Internal Shuttle Circulator 10_0 0_0 number of employees and/or residents for the project site. Assume a minimum of 2% will use an internal 10_00 10_00
1 circulator. Example: A project site has proposed 1,000 employees and/or 1,500 residents. Assume 20 people I will use the internal circulator; therefore, a shuttle vehicle that serves a minimum of 20 people shall be provided. j
Total for Off-street Parking 28.00 22.00
C) MOBILITY PROGRAMS --A B C D E MOV shall mean Multiple Occupancy Vehicle.
Grade is based on a site providing a minimum percentage of reserved priority employee parking spaces for 6·0 4·0 3·0 2·0 1·0 qualifying multiple occupant vehicles that are registered with South Florida Commuter Services. Percentage must 6·00 3.00
MOV Preferential Parking be rounded down.
?: 5% ?: 3% ?: 2% ?: 1% < 1% Example: A site proposes 600 parking spaces that include 10 car pool parking spaces. This project would receive -~~ a grade of D with 2 points. (10/600 = 1.666 = 1%)
A B C D E Car Pool shall mean two (2) or more people traveling together on a continuing and prearranged common
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PlANNED MOBiliTY MATRIX- WORKSHEET
Car Poois
Van Pools
Shuttle (LOS)
Bus Transfer
Transit Fare Subsidy
4.0 3.0 2.0
~$100 ~$75 ~$50
1.0
~$25
0.0
<$25
n Pool shall mean five (5) or more people traveling together on a continuing and pre-arranged basis in a vanof similar type vehicle.
Grade is based on the project site's Transportation Demand Management (TDM) Plan's commitment to provide 1-------,1-------,1-----1-----1-----;monthly $amount per van pool to market and promote van pools within the organization by spending between
and $6,000 annually per van pool that equals approximately a 50% subsidy of the total cost.
f------1-----1-----1-----1-------lprivate Shuttle shall mean a privately owned vehicle to transport employees and/or residents from transit stop locations to places of employment and/or residences. (Example: Commuter Rail Station and/or Bus Transfer
to places of emplovment.) Shuttle shall be based on the minimum headway criteria operating Monday
~ 10 min. I ~ 20 min. I ~ 30 min. I ~ 45 min.
Friday, 6:30am to 7:30pm. Size and the number of shuttle vehicle(s) shall be determined based on the number of employees for the project site. Assume a minimum of 2% will use a shuttle route. Example: A project site has proposed 1,000 employees. Assume 2%, 20 people will use the shuttle; therefore, a shuttle
that accommodates a minimum of 20 people shall be provided. shall be based on the level of service that the private shuttle provides. The lower the headways, the
igherthe grade. (Example: If the private shuttle system provide shuttles every 12 minutes, it would equate to a LOS B grade= 8 points.)
. __ . ·- Bus Transfer Station/Center is a structure where city or intercity buses stop to pick-up and drop-off passengers. It is larger than a bus stop, which is
10.0 0.0
usually simply a place on the roadside, where buses can stop. It is intended as a terminal station for a number of routes, or as a transfer station where routes continue. (Example: Butts Road Town Center Transfer Station and Camino Real Downtown Publix Transfer Station). However, an on-site
would require a dedicated easement with the easement and the surrounding areas being the perpetual maintenance obligation of the owner or
Subsidies shall mean the percentage of the reimbursement or payment of transit fare (for example, tokens, or passes) to business occupants or residents to encourage the use of public transit. (rrilmTran).
I I - I - I
1
- (ublicTransit shall mean publicly provided and regularly scheduled transportation, typically by bus, trolley or J Financial Support of Public shuttle, or a combination of all. (Palm Tran/SFRTA Shuttle/Oty Shuttle)
" 0 4 0
'l 0
? 0 1 0
· is based on $ contributed per daily trip generated for the net increase of trips for the project in question
~$35/trip I ~30/trip I ~25/trip
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PLANNED MOBILITY MATRIX- WORKSHEET
I - JW• I ~ ~w-- I ~ -w,. I ~ JW'" I - ~~w• I Must use the census data available.
1 ---·- 1 ------ 1 ----·- 1 ----·- 1 - ·--·- 1Mustusethecensusdata available.
2.0
2.0
Quality and Bicycle Quality shall based on the Peak Hour Directional
Volume Tables (Florida's Generalized Volume Tables) published as part of
Florida Department of Transportation's
1 1 1 I I I 12009 Quality/Le~el of se:vice Handbook (as
A B C D E amended from t1me to t1me).
NSMV Quality within 3.0 miles 3.0 2.0
D:VMD_2009\2013 PRDJECfS\ TP-13-25 {FAIRWAY- SCHMEIR)\NOV 2014\NOV CD\NOV MATRIX OFFICIAL
0.0 0.0 0.0 3.00 0.00
Page 7 of
Signature:
D:\JMD_2009\2013 PROJECTS\ TP-13-25 (FAIRWAY- SCHMEIR}\NOV 2014\NOV CD\NOV MATRIX OFFICIAL
based on the most convenient walking route from the project site's main building entrance(s) to the
Commuter Rail Station. If more than one building entrance, than an average should be used.
is based on the most convenient biking route from the project site's main building entrance(s) to the
nearest Commuter Rail Station. If more than one building entrance, than an average should be used.
based on the most convenient walking route from the project site's main building entrance(s) to the
Bus Transfer Center. See definition for Bus Transfer Center above.
is based on the most convenient walking route from the project site's main building entrance(s) to the
nearest Public Shuttle(s). See definition for Public Transit above.
This form must be prepared, signed and sealed by a Florida registered traffic engineer. Provide six (6) signed and sealed copies of this document.
Page 8 o
U.S
. C
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ouse
hold
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1.45
.·
1.34
1.
34.
: 1:
10
: .
0.71
%o
f Tra
ct (
Wor
kers
)·
5%
1%
11%
,····
.···_1
0%1··
· 6%
.1
0%
-8%
1
3%
. :
9%
16%
···
.12%
10
0%
·Wei
gh
ted
Avg
. 0~05
0.00
2 •
0;1
2·
0.12
0.
04
o:g~
0.09
0.
24
0.13
0
.21
··0
.16
1.25
---·-·-
------
STUDY AREAS
:;;;;,i;;:;T::~c~f~~:~t·):;;;;ti·a)11~.~6ct:Worko~ta';~·f,:Fr~~;;'} ~·•(,'i.i(;:i} ~}'2().s:rn''~i.':;: ~6f:·omiJ~~;:: .';.;;,·~.:o·:i:fliiei:·:·
Total Jobs (Employees) 4,144 16,251 31,729
Single Family Households 268
Multiple Family Households
Total Households
Total Population
Employee Population
Workers Living Within Radius
Workers Living Outside Radius
874
1,142
2,809
1,426
154
3,809
1,002
1,092
2,094
5,151
2,615
1,129
15,114
824
1,677
2,501
6,152
3,124
5,095
26,634
,·'t>:":{t;i::;t;,jh·!}· til'q'n're~'; ·tan d. ti~eoata · (s'ql th t\:t:v··: >! :: N1:. ':w·o';s· mlte~'';'Gt' ~ r.o' .mi. ,~y:;::v;·\ 2:o··.nil¢(ty. COM1 (retail, restaurant, grocery) 1 256,449 1,426,787
COM2 (service office) 3,855 72,546
COM3 (professional office) 1,775,889 5,584,515 9,368,774
IND1 (general industrial) 41,022 1,178,784 2,950,134
IND3 {industrial/flex space) 48,416 904,639 1,569,817
INS4 (free standing medical office) 182,288 191,993
Total (sq. ft.) 1,865,328 8,110,530 15,580,051
sq. ft./employee 450 499 491
sq. ft./employee (Weighted Average) 32.85 158.39 299.36
Built Floor Area (sq. ft.)
Persons/KSF
1 256,449 1,426, 787
Total Persons
Units
General Commercial
Fast Food Restaurant+ DT
Fast Food Restaurant w/o DT
Quality Restaurant
Total Non-Residential
2.50
0
398
2.50
641
45,359
2,220
3,620
19,050
70,249
units
sq. ft.
sq. ft.
sq. ft.
sq. ft. sq. ft.
2.50
3,567
i't.~·£/i}.i~\~;.i,1~,::t;·:~{.t·~nr<;~rierat:it;)fRat'~st ~:if~~ ;·u'J:X:'.! ;:~:~,/; ;·:; g:.L'ri;s'mile .,'p':c.,\:v 1:o·m if~:ii .. ~J;;i~>r_,:z;a··· rilile}:i,~· Study Area Other Trips {Gen. Comm.) ADT = Ln(T) = 0.65Ln{x)+5.83
X
Ln(x)
0.65Ln(x)
Ln{T)
Study Area Trips (ADT)
Project Other Trips
Gn. Commercial (ADT = Ln{T) = 0.65Ln(x)+5.83)
Ln(x)
0.65Ln(x)
0.65Ln{x)+5.83
Project Gn. Commercial Subtotal
Fast Food Restaurant+ DT (ADT = 496.12/KSF)
Fast Food Restaurant w/o DT (ADT = 396.90/KSF)
Quality Restaurant {ADT = 89.95/KSF)
Project Trips (ADT)
0.00
1.00
* Palm Beach County Trip Generation Rates
256.45
5.55
3.61
9.44
12,526.00
45.36
3.81
2.48
8.31
1,426.79
7.26
4.72
10.55
38,219.00
4,063.00
1,101.39
1,436.78
1,713.55
8,315.00
Home to Work
Home to Other
Work to Other
Score 1 (Study Area Jobs + Project Employees)
Jobs+
Score 1 (Study Area Res.+ Other Project Trips)
Home to Other
Work to Other
Project
Stu Area
291%
112372800%
165760000%
979
2,809
8,315
1
34%
497
4,144
621%
803%
2535%
979
5,151
8,315
12,526
62%
497
16,251
8,315 8,315
1 12 26
49708%
33.9%
49757.4%
1341.3%
199.4%
1016%
172%
890%
979
152
497
3 729
ToUIJobJjEmploytU)
S!nJ1~ hm!l;' Hounbolds
MultlplehmU;'Households
Total Households
TotJ!Popu!Jtlon Emp!GytefopuJJtlon
Wor~en UvlnJ \\"othln ~dluJ
WorhnUvln Oublde~dluJ
.·> ''·•' Nonra.LandUseDJtll(s_s_._ft,. .···
COMl (rtiJH, resuurant, a:romyj COM2(mvkeoffice) COM3 (profeulon1l office) JNDl{Jenm!tnduttrill) INOl(!nduttrhVIlexJput) INS4(fruslilndingmedlcaloffke)
Totll{!_q._ft.
J .ft./em 1 e
STlJDYAAEA.S O.Smlle• t.Omll• ·~ l.Om!le
4,144 16,151 31.729
268 1,002 824
874 1,on J,6n 1,142 2,034 2,501
2,809 5,151 6,152 1,06 2,615 3,124
154 1,129 s.oss 3,809 15,124 26,634
o.smne~· ···t.omne·'· · 2.0mrte;
1 256,449 1,426,787 3,855 72,545
1.775,889 5,5&4,515 9,3&8,774 41,022 1,176,784 2.950,134 48.416 91)4,639 1,569,817
182,188 191,993
1,855,32! 8,110,530 lS.SaG,OSl
450 4U 32.85 158.39 2.99.3&
euntAoorAJu(Jq.ft) 256,449 1,426,787
Pmont/KSF 2.50 2.SO 2.50
Tota1PenonJ 0 641 3.567
Un1ll Gent til Commud~l
FallJ'oOd~llaU/Jnt+DT
Fut Food Rubur1nt w/o DT Qul~tyRutaunnt
Totli1Non·fluldentbl
398 units
45,359 Jq.ft. 2,220 ,q.ft. 3,620 sq.ft
19,050 Jq.ft. 70,249 JCI,h.
· Trf GenmUonRrld•· .:;_l, ·.· · O.Sm!le' ·t..omrte -: 2.0m.lle'
Stud AJu otberTri J Gen. Comm.
lnl~l 0.65\JI(Jj
Stud AI~~ J ADT) ProetiOthfrTilPI
Gn.Commetc!ll(ADT,\JI(T)=0.6S\JI(l)+5.a3) lll(x)
MSlll(ll) G.65ln(•)~S.83
Pro)HIGn.Commertblsubtotat rastfoodReltnrrant+OT(ADT.,495.12/ICSF)
hst Food Rutaunnt w/o DT (ADT,. 396.90/KSF) Qua~ty RulMin\ (ADT = 89.95/I(.Sf)
256.4111,426.79 S.S5 1.26 l.61 4.n 9.44 10.55
1.00 12.526.00 34,219.00
45.36
>81 w ...
ProutTrl1 ADT .,!lmSuU!C<>.nylrf;>OtiiUil""'ll•ltl
4,063.00 1,101.39
1.435.78 J,713.SS
8,315.00
Methodolorvl 1'•.-!·~· \, ~>-· r'o.smJl.e r' l.Om!le·L .2.0mlle
Hom~ to Work HometoOLher WorkloOthH
Mrlhodoloey~
Em k; u P1ojeet
5tudiA.rtl (Sw#Aru Etr-pl~lltildtnt.IOI'Ily)
Job$
flojeet Stud Area
Sc«t1/5tw'fA.ruJobi+PtoJKtErr-pl~) S=e2(Ptn}tctJcbs+S~Am£rT>pl~}
P.uldenti
PIO]ect 5tudyAJu
OthuTrl J
~l(StudyArulla.+OthtJPro]KITrlP') So;o-a2(Snr4tA.r•JO!NrTtlps+Pro)«1:R~t~.l
Em l_t!~U
Pro]tct StudyAJn OlhetTrl 1
ProJect Stud Ain All Em loyeu
S<rn1(1'ro)e<tb's+Othu5t..&fTrl&»)
Sccte.2tstvd/AtuEe''+OthuPm~Trll»l
191" 621" 1016" 1123naaG" I03K 1nx JilS76XOtl" 2535" I9Cl"
497 1.426 "' 2.615
497 3,124
143 143 143 4,144 Hi,251 31,7ll
U4M 3269" 6383~
10.04" S.UK 4.58K
"' 2,809 "' 5,151 "' 6,152
8,315 8,315 8,315 1 12,526 38,'219
34K 6~ 74" ~ uu" 3904,;
497 497 4,144 16,251
8,315 8,315
1 12.526
31,719
8,315 38,219
'" '"" Methodo~,y2Sumnu
···:,~,!., , :,,-, ,~_._;.,·, .,_ . .-., .. :.,1 ;.·:.·• "0.5m!Je:!:.'·l.Om!le' c:''2.0mlle:
HometoWork W,1" 3274.1)1. 6387.7" Home to Other :U,9" 1341..3~ 39n.6"
!~~~~~~~ U.S.Cei\JIIJHovtehllldandEm to entD~b CemusTn:tt S9.C2 S9.C3 69.12 70,02 70.05 70.06 70.07 70,01 70.09 n.02 AIJTncb COYWJDE
Tobii'1JpuiJUon 2.541 2,125 3,798 3,813 3,690 4,128 3,117 4,529 3.484 5,856 4,067 41,758 84,.876
IHouubold• J,o&B l.SU 1.873 1.594 t,m 1.915 1.310 1,337 1,'217 2,278 1,745 17,663 35,615
Peno11.1 Hounbo!d 2.34 1.41 2.03 2.40 2.20 2.09 2.71 3.39 2.86 2.57 2.33 2.36 2.38
"ofTnet Po ulatlon 6" 5" '" 9~ 9X 10% 9~ 11" 8" 14" lrM 1~
Siw~·~"~'"'~'~·~· ~B·-~J4 0.07 O.lB 0.22 o.u o.u 0.24 0.37 0.24 0.36 o.u 2.46 ~ IWorbrs 974 lli 2,087 1,911 1.109 1.864 1,5!0 2.480 . 1.760 3,044 2,.346 19,330 25,276
tf-2:j:~~~~~--~,"{W~·:.~::.~·-~":ti'·~~~ '0.~ '~~ ~: 0,~ 0;~ ).~ ~~ ,_:~ .. ~~" . 1.~ ' 1~ 0.71 Wei htedAv1;. o.os 0.002 0.12 o.u 0.04 0.09 om 0.24 o.u o.u 0.16 1.25
----+ 25.555,909 _!_q. ft.
491 l.ft/emp!o e
NON-APPROVED MINUTES
COMMUNITY APPEARANCE BOARD CITY OF BOCA RATON
COMMUNITY CENTER, 150 CRAWFORD BLVD, BOCA RATON, FL 33432 MINUTES OF SEPTEMBER 30, 2014
The meeting was called to order by Chairman Larry Cellon at 7:01 p.m. Roll was called.
PRESENT: Larry Cellon, Chairman Juan Caycedo, Vice Chairman Mark Jacobsen Joe Peterson Derek Vander Ploeg Jess Sowards Krsto Stamatovski- arrived at 7:15p.m.
ABSENT: JoAnn Lee
STAFF: Keith Carney, Senior Zoning Officer
APPROVALS
1.
2.
3.
4.
5.
Item 1
Oath Statement & Public Participation The Board Secretary administered the oath to all persons who intended to testifY at this public hearing. The Chairman advised the public of their ability to participate in the meeting.
Minutes MOTION was made by Mr. Juan Caycedo, seconded by Mr. Vander Ploeg to approve the minutes of September 2 and September 9, 2014 as submitted. MOTION CARRIED 6-0.
Recommendation None
Correspondence Mr. Carney advised that Item(s) 7, 13, 15, 30, 35, 37, and 43 have been postponed by the applicant.
Outstanding ltem(s) Chairman Cellon advised that Jess Sowards and Keith Carney met with George Brown to discuss the recently proposed
CAB Goal Setting Items.
Mr. Sowards noted that Mr. Brown commended the CAB for being the only one of thirty-two boards that meets the city's
criteria for goal setting each year. Mr. Sowards stated that he spoke on the CAB's interest in being pro-active and facilitating
the flow of applicants. On the topic of Town Architect, Mr. Sowards advised that Mr. Brown believes the P&Z would not
surrender this duty but noted that he would be receptive to the PA and CAB concept. On the topic of Electronic Plan Review,
Mr. Sowards stated that Mr. Brown believes that there should be no issue in allowing the Board access to electronic
submittals. A discussion ensued on the Boards need to write a recommendation to City Council that the changes have taken
place. Mr. Cellon asked Mr. Carney to convey a request for an official response, from the city, to the letter he submitted two
weeks ago. Mr. Cellon reviewed the CAB action items and noted the status of each. He noted that he would update the action items and
prepare memo with the Board's requests to City Council through George Brown.
A discussion ensued on the timetable for annexed properties to fall under city code. It was decided that finiher clarification
and study is needed on the topic.
CAB Recommendation - Fairway Commons PMD 5900 -6300 N Military Trail
PMD-14-01
Mark Jacobsen stepped down.
Mr. Caycedo advised that he had ex parte communication with the civil engineer and the developer for the project. Michael Marshall presented. The item was reviewed by the Board. The following comments. were noted.
• This is a preliminary review and the applicant is seeking a CAB recommendation for Planning and Zoning. • The applicant presented architectural and landscape plans and reviewed the project. • Mr. Caycedo liked the abstract look of the project and suggested that the wood simulated panels be durable and that a sample
be provided at a future meeting. He also suggested that a signage criteria be created. • Mr. Caycedo suggested creating pedestrian passageways connecting the parking lot to the retail space. He noted that he
would be in favor of sacrificing parking area for pedestrian walkways. The applicant advised that the stall size is 9 'x 18' and cannot be reduced further. Mr. Bell noted that municipal services would have to take study. CAB suggested that City Council consider the suggestion.
• Mr. Caycedo suggested encouraging multi-modal pedestrian access, especially from public transportation. The applicant spoke in support of the current traffic flow.
• Mr. Vander Ploeg inquired why the residential portion is not on the golf course. The applicant spoke on the importance of connectivity to Office Depot.
• Mr. Peterson commended the architect for the landscaping along Military Trail but noted the following; concern over the lack of landscaping along the back preserve area and pedestrian pathway; that all screening needs to be brought up to code; suggests increasing the size of the 2' high hedge; screen the transformer; increase the size ofthe 14' Oak Trees on L-7, located in the front of the residential building; concern was also noted on the amount of hardscape in the retail area.
• Mr. Cellon advised that all the glass on the project should match and that the Oak Trees on the project should be at least 16' MOTION was made by Mr. Caycedo, seconded by Mr. Vander Ploeg recommend approval. MOTION CARRIED 6-0.
Item 2 Awnings-Boca Museum of Art 590 Plaza Real
Don Day, Delray Awning, presented.
14-5772
MOTION was made by Mr. Caycedo, seconded by Mr. Vander Ploeg to approve as submitted. MOTION CARRIED 7-0.
Item 4 was heard next.
Item 4 Temporary Sales Center Site and Bid. Improvements 165 E Boca Raton Rd
Derek Vander Ploeg stepped down. Carl Klepper presented. The item was reviewed by the Board. The following comments were noted.
• The applicant presented photos, plans and renderings for a temporary sales center.
14-5846
MOTION was made by Mr. Caycedo, seconded by Mr. Sowards to approve as submitted. MOTION CARRIED 6-0.
Items 3 and 5 were heard next.
Item 3
Item 5
Temporary Sales Center-Tower 155 165 E Boca Raton Rd
Temporary Sales Center Sign- Tower 155 165 E Boca Raton Rd
Derek Vander Ploeg stepped down. Jim Comparato and Paul Pearson, Designer Sign System, presented Items 3 and 5. The item was reviewed by the Board. The following comments were noted.
14-5666
14-5667
• The applicant presented plans for a sales center sign package including three wall signs and one V-sign. • Mr. Caycedo noted some concern over the length of time the project might take and suggested reducing the amount of signs
on the project. He suggested moving the V -sign to Boca Raton and Mizner Blvd. • Mr. Sowards accepts the signs since they are temporary in nature but feels there should be a time limit.
C.A.B. 9/30/14 2 of8
