TAB 10 - Town of Jupiter
Transcription
TAB 10 - Town of Jupiter
TOWN OF JUPITER DATE: February 14, 2013 TO: Honorable Mayor and Members of Town Council THRU: Andrew D. Lukasik, Town Manager FROM: SUBJECT: HEARING DATES: John R. Sickler, Director of Planning and Zoning ABACOA TOWN CENTER - PHASE IV - Site plan application for two office buildings and rental apartments, including ground floor flex space for commercial (retail/office) fronting on Main Street, located on 14.4± acres (Tracts TC-3R and TC-4R) east of Parkside Drive and south of the Antigua development within the 70.4± acre Abacoa Town Center. . PZ TC 12/11/12 02/19/13 quasi-judicial Resolution #13-13 PZ#12-145 SCT EXECUTIVE SUMMARY: Approval of 287 multi-family units and 17 loft units that will be built to commercial requirements. The 17 loft units on Main Street may be used as residential lofts after they make efforts to market the units as commercial. The application previously included two office buildings totaling 66,250 square feet; however, prior to the Planning and Zoning Commission meeting the applicant had requested to withdraw the two office buildings from the site plan application (see revised condition #7 in the Resolution). The applicant has worked with Palm Beach County to address stadium parking issues. Conditions of approval have been recommended to ensure that 2,020 parking spaces are maintained in Town Center in accordance with the parking agreements and that a parking control plan is implemented to manage the parking. The applicant has issues with condition (7). RECOMMENDATION: At the December 11, 2012 meeting, the Planning and Zoning Commission recommended approval (by a 3-1 vote), with recommendations to modify conditions of approval as noted in the staff report. The most significant change affects the time frame for the Parking Control Plan. The plan was modified from being required to be submitted prior to the issuance of any development permits to prior to June 1, 2013. In addition, requirements for signage were added to the plan. Strategic Priority: Attachments: Staff Report Strong Local Economy Ordinance #12-13 K:\Staff\WP51\Amendtowncode\MXD\Ground Floor Residential TC (PZ 12-414)\Executive Summary.doc February 14, 2013 TOWN OF JUPITER TOWN MANAGER’S OFFICE DATE: February 14, 2013 TO: Honorable Mayor and Members of Town Council THRU: Andrew D. Lukasik, Town Manager FROM: John Sickler, Director of Planning and Zoning SUBJECT: ABACOA TOWN CENTER - PHASE IV - Site plan application for two office buildings and rental apartments, including ground floor flex space for commercial (retail/office) fronting on Main Street, located on 14.4± acres (Tracts TC-3R and TC-4R) east of Parkside Drive and south of the Antigua development within the 70.4± acre Abacoa Town Center. Resolution # 13-13 PZ 12-145 SCT Project name: Owner: Applicant: Agent: Location: Meeting dates: Acreage of overall PUD: Present land use designation: Present Zoning: Existing use of the property: Request: PZ TC 12/11/12 02/19/13 - quasi-judicial Town Center Phase IV Aries Land Acquisition, LLC. (see Attachment “D”) Abacoa IV Residences, LLC Cotleur & Hearing, Inc. Located to the east of Parkside Drive and South of Cades Bay Avenue 14.4 +/- acres Mixed-Use Mixed-Use, Town Center sub-district (MXD/TC) Vacant (Grass Parking) Two Office Buildings .…… 66,250 sf office Multi-family……………….. 287 units Flex units…………………. 17 residential lofts (or) Office, retail or live/work* Total………………………. 304 units *14,790sf of retail use, 8,144 sf of office or five live/work units may be utilized as 17 residential lofts Applicant Issues. The applicant has issues with condition (7), related to specific uses that should be located on the ground floor of the vacant land of the Town Center. The applicant would like the term “such as” added before the uses “retail, restaurant and/or theater”. Staff Update. Town Center, Phase IV – Staff Report Page 2 1) 2) 3) Modify condition (7), which states: Upon submittal of the final plans and prior to the issuance of any development permits, the Owner shall remove the Site I and Site 2 office allocation from the Site Plan and place a note on the Site Plan indicating the area as future commercial. Site plan approval for these two parcels or the theater parcel in Phase II shall be submitted separately for review and approval by the Town Council, together with a conceptual site plan for the three parcels together, to illustrate the build out of the remaining vacant parcels. Prior to individual site plan approval for the vacant parcel located in Phase IV (Parcel 1, Plat No 2), the owner shall submit an overall conceptual plan of Phase II and Phase IV that provides active uses (retail, restaurant and/or theater on the ground floor) which complements the stadium and hotel. The proposed plan/use in Phase II and IV must be brought to the Town Council for a conceptual review. Staff Comment. In order to ensure the development of the remaining vacant parcels in Town Center provide the commercial core required in the concurrent zoning text amendment and provide uses that complement the stadium and hotel, staff has recommended a condition of approval that the remaining site be reviewed together during a conceptual review, instead of individually. Modify condition (8)(a), which states: Revise the five live/work units to be commercial uses. The allocation should be retail or office, similar to the other loft units. Staff Comment. Staff has recommended additional language to clarify that the live/work units should be allocated retail or office instead of being developed as live/work units. Live/work units tend to provide less commercial use. Modify condition (8)(f), which states: Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the site details for the temporary grass parking plan: a) Relocate the west entrance west three spaces to align with the proposed N-S drive aisle for the parking area north of the four level parking garage. b) Label the grass parking areas “Stabilized Grass Parking” for vacant lots in Phase IV. c) Delete the turnout shown from Avenue A to the northwestern grass parking area. d) Define d the parking areas by using through the use of bollards, ropes or other means to keep prevent vehicles from driving exiting over curbs or into the drainage areas. e) The plan should d Define the pedestrian ingress-egress points from the parking areas to the perimeter sidewalks and the routes shall be stabilized and well defined. including defining a five foot access area between the parking spaces leading to the perimeter sidewalks (for each parking area). f) The existing ADA parking signage on existing grass parking area shall be removed from the site. g) The access to Site 1 and Site 2 shall be from Main Street, and the turnouts shall be improved from the roadway pavement into the site at least 4 feet past the limits of the Main Street public sidewalks. Staff Comment: The Town Engineer has provided detailed conditions of approval in regards to the grass parking in the subdistrict staff update. To ensure the conditions of approval in the site plan match the subdistrict recommendations, staff provided the above. Town Center, Phase IV – Staff Report Page 3 4) 5) 6) 7) Modify condition (11), which states: Prior to June 1, 2013, a Parking Control Plan (or equivalent plan), that is acceptable to Palm Beach County ,the Town of Jupiter, and Jupiter Stadium, LTD, the Abacoa Property Owners’ Assembly, Inc., Abacoa Town Center Phase I Property Owners Association, Inc., and the Abacoa Town Center Master Property Owners’ Association, shall be submitted for review and approved by the Town of Jupiter Town Council. The applicant shall coordinate and develop the Parking Control Plan with Palm Beach County; Jupiter Stadium, LTD; the Abacoa Property Owners’ Assembly, Inc.; Abacoa Town Center Phase I Property Owners Association, Inc.; and the Abacoa Town Center Master Property Owners’ Association. The Parking Control Plan shall be approved by the Town of Jupiter Town Council and shall be implemented prior to the first spring training after construction commences. In addition, The Parking Control Plan shall include way finding signage to clearly identify and direct patrons to available stadium spaces, and clearly identify approved reserved parking throughout the Town Center. Staff Comment. The condition of approval has been modified to indicate the Stadium and Palm Beach County as the parties to review the Parking Control Plan and ensure it addresses the parking needs of the stadium prior to being forwarded to the Town. The Town Attorney suggested clarification since one or more parties may not agree with the Parking Control Plan and could affect the submittal deadline of the documents. In addition, staff has recommended that the plan also be coordinated with other entities in Abacoa as listed in the condition. Staff has recommended that the Parking Control Plan be complete and implemented prior to the first spring training after construction commences. Modify condition (12), which states: Prior to the issuance of a development permit, the Owner shall graphically illustrate demonstrate to the satisfaction of the Town , the County, and Jupiter Stadium, Ltd. the locations of that no less than 2,020 parking spaces that will be available, consistent with the parking agreements, at any given time for use by the stadium. Staff Comment. In order to ensure that staff has reviewing authority of the condition of approval, the condition of approval was modified for the review of the Town only. The Parking Control Plan provides the reviewing authority for the County and Jupiter Stadium, Ltd. In addition, staff recommends that language be added so that the documents are consistent with the parking agreements as may be amended in the future. Add condition (15)(c), which states: No residential garage spaces shall be leased to commercial tenants. Staff Comment. Staff has recommended the condition of approval to ensure commercial tenants do not rent residential garages and utilize the space as storage or additional work space associated with their commercial businesses. These residential spaces will be necessary to ensure that residential parking is used for that purpose and to reduce conflicts in parking with patrons of the stadium and commercial uses. Add condition (27), which states: Upon submittal of the plat for the property, the owner shall establish a public access easement overlying the east-west access drives between Parkside Drive and Main Street as well as from Stadium Drive to Main Street that directly abuts the future office building phases. The dedication shall provide for public access, which facilitates access to the future office building properties. The property owner shall be responsible for maintenance responsibility of the easement. Town Center, Phase IV – Staff Report Page 4 8) 9) Staff Comment. Since the two office sites are no longer proposed as part of the site plan application, the Town Engineer has indicated a public access easement is required for the drive aisle located between the office properties and this residential community. Add condition (28), which states: Upon submittal of final plans and prior to the issuance of any development permits, the owner shall ensure the three new street trees planted along Stadium drive are re-located elsewhere onto the site and not placed in the public right-of-way. Staff Comment. Pursuant to Section 27-990.9.5(f)(1), entitled “Street planting requirements [Town Center]”, one tree every 50 feet is required along street frontages. Along Stadium Drive, three street trees were allowed to be removed by the Town since they conflicted with stadium deliveries. The application is proposing to replace these trees in the public right-of-way; however, these trees would then be the maintenance responsibility of Abacoa. The Abacoa Property Owners Assembly (APOA) has requested that these street trees be relocated onto the residential property instead of in the public right of way. Therefore, staff has recommended that these three trees be relocated onto the site. Add condition (29), which states: Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall provide funds for the installation of pedestrian light fixtures at Charleston Court. Staff Comment. Residents in Charleston Court have raised a concern that the Town Center Phase IV will impact their park located directly to the west of the development on Parkside Drive. Charleston Court has concerns given the limited lighting in the park at night. The neighborhood estimates that it will cost $10,428 to install lights in a portion of the park adjacent Parkside Drive (see Attachment K). In order to ensure this is completed, staff has recommended the above as a condition of approval. The applicant has agreed to provide the funds. Planning & Zoning Commission Recommendation On December 11, 2012, the Planning and Zoning Commission recommended approval of the above referenced project, by a 3-1 vote, with the following modification to staff’s recommendations: 1) Modify condition (7), which states: Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall remove the Site I and Site 2 office allocation from the site plan and note as future commercial. Site plan approval for these two parcels or the theater parcel in Phase II shall be submitted separately for review and approval by the Town Council, together with a conceptual site plan for the three parcels together, to illustrate the build out of the remaining vacant parcels. 2) Delete condition (8)(d), which states: Add the maximum number of parking spaces as possible in front of the two office buildings on Main Street. 3) Modify condition (8)(i), renumbered to condition (8)(h), which states: Note that the grass parking lots located on Site 1 (132 spaces), Site 2 (126 spaces) shall have ing access from Main Street and the theater property (208 spaces) are improved is accessible to accommodate grass parking. 4) Modify condition (11): Prior to June 1, 2013 the issuance of any development permits impacting the remaining temporary grass parking area in Site V (aka Phase IV), a Parking Control Plan (or equivalent plan), that is acceptable to Palm Beach County, the Town of Jupiter, Jupiter Stadium, LTD, the Abacoa Property Town Center, Phase IV – Staff Report Page 5 5) 6) Owners’ Association, Inc. and the Abacoa Town Center Master Property Owners’ Association, shall be submitted for review and approved by the Town of Jupiter Town Council. In addition, the Parking Control Plan shall include way finding signage to clearly identify available stadium parking spaces throughout the Town Center. Modify condition (15)(c), which states: The garage spaces abutting the 17 loft units shall be assigned to the loft units when occupied for any residential user. Modify condition (18)(g), which states: Upon submittal of final plans and prior to the Town’s final approval of the plat for the subject property and the Affordable Housing Program, the Owner shall submit the proposed Affordable Housing Program to the Northern Palm Beach County Improvement District (“NPBCID”), for its review and comments, to ensure that the commercial units in the development, are property assessed based on the land that supports commercial uses, including the surrounding grounds and the required commercial parking areas. Staff Recommendation. The Department of Planning and Zoning recommends approval of the applicant’s request, subject to the following conditions and contingent upon approval of the concurrent subdistrict master plan amendment and zoning text amendment: 1) General. The Owner shall install all improvements in compliance with the following plans/drawings: a) Site Details and Plan, referenced as sheets “1 of 4 thru 4 of 4", dated 11/19/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. b) Landscape Details and Plan, referenced as sheets “1 of 3 thru 3 of 3", dated 11/19/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. c) Parking Garage Exhibit (Exhibit J), Restricted Parking (Exhibit K), Temporary Grass Parking (Exhibit L), Town Center II Theater Site Concept Plan (Exhibit M), dated 11/13/12 and 11/15/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. d) Architectural Elevations and Color Board, referenced as sheets cover sheet, “A-2.1.4”, “A-2.2.5”, “A-2.2.5A”, “A-2.2.5B”, “A-2.3.1”, “A-2.4.1”, “A3.1.1”, “A-3.1.3”, “A-3.2.1 thru A-3.2.3”, “A-3.2.1A thru A-3.2.2B”, “A3.3.1”, “A-3.3.2”, “A-3.4.1”, “A-3.4.2”, “A-4.2.1 thru A-4.2.5”, GA-3.1 thru D-1” and “C-1 thru C-3” dated 11/19/12, prepared by MSA Architects, received and dated by the Department of Planning and Zoning on 12/05/12. e) Statement of use, dated 10/29/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/29/12. f) Traffic statement, dated 06/28/12, prepared by Pinder Troutman Consulting, Inc., received and dated by the Department of Planning and Zoning on 07/11/12. Town Center, Phase IV – Staff Report Page 6 2) The uses conducted on the subject property shall conform to the representations in the statement of use received and dated by the Department of Planning and Zoning on 10/29/12. 3) Any revisions to the site plan, landscape plan, elevations, signs, statement of use or other details submitted as part of this application, including but not limited to the location of the proposed improvements or additional, revised or deleted colors, materials, or structures, or changes to how the use operates, shall be requested in writing to the Department of Planning and Zoning (hereinafter the Department) and shall be subject to the Department’s review and approval. 4) Any condition associated with the resubmittal of final plans shall be subject to the Department’s review and approval. 5) The conditions of approval herein shall apply to the Owner, Applicant and their successors and assigns. 6) The statement of use shall be updated to provide consistency with the final plans and conditions. 7) Office Building Sites. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall remove the Site I and Site 2 office allocation from the site plan and note as future commercial. Site plan approval for these two parcels shall be submitted separately for review and approval by the Town Council. 8) Site plan. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the site plan to: a) Revise the five live/work units to be commercial uses similar to the other loft units. b) Align the north-south crosswalks across the south drive with the sidewalks along Main Street instead of aligning closer to Main Street. In addition, the access drive stop bars should be relocated 4 feet behind the new crosswalk location. c) Provide details of the proposed columns and trellis to be used as a street edge along Parkside Drive. d) Add the maximum number of parking spaces as possible in front of the two office buildings on Main Street. e) Note the location of the parallel parking spaces that are being added and those proposed to be removed. f) Construct a parallel parking space that meets ADA requirement, along the east side of Stadium Drive north of Cades bay. The owner may construct the space or contribute monies to the Town for the Town’s estimated costs to perform the work. g) Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the site details for the temporary grass parking plan : (1) Relocate the west entrance west three spaces to align with the proposed N-S drive aisle for the parking area north of the four level parking garage. (2) Label the grass parking areas “Stabilized Grass Parking”. Town Center, Phase IV – Staff Report Page 7 (3) h) i) Delete the turnout shown from Avenue A to the northwestern grass parking area. (4) Defined the parking areas through the use of bollards, ropes or other means to keep vehicles from exiting over curbs or into drainage areas. (5) The plan should define pedestrian ingress-egress from parking areas to perimeter sidewalks, including defining a five foot access area between the parking spaces leading to the perimeter sidewalks (for each parking area). Note that the angled parking spaces along Main Street shall be developed using 6” thick concrete. The grass parking lots located on Site 1 (132 spaces), Site 2 (126 spaces) and theater property (208 spaces) are improved to accommodate parking. 9) The owner shall ensure that any gates proposed for the open space, located between Buildings 3 and 4 (west of Main Street), remain unlocked and provide a sign indicating the sidewalks are a public access-way. 10) Stadium Parking. Prior to the issuance of any development permits, Aries Land Acquisition, LLC., its successors and/or assigns, shall meet the terms and conditions of the Use Agreement between Florida Atlantic University (FAU) and Aries Land Acquisition, LLC (Aries) for use of not less than 500 paved parking spaces on FAU’s Abacoa campus. Thereafter, said Agreement shall remain in effect unless and until otherwise agreed in writing by Jupiter Stadium, LTD and Palm Beach County. Prior to the issuance of any development permits, a Parking Control Plan, that is acceptable to Palm Beach County, the Town of Jupiter, Jupiter Stadium, LTD, the Abacoa Property Owners’ Association, Inc. and the Abacoa Town Center Master Property Owners’ Association, shall be provided for the review and approved of the Town of Jupiter Town Council. The owner shall ensure that prior to the issuance of any approvals by the Town, including, but not limited to, site plans, site plan amendments, special exceptions, changes in use, that no less than 2,020 parking spaces will be available at any given time for use by the stadium. Prior to the issuance of a development permits for any residential or loft unit, the Owner shall submit leasing documents that: a) Prohibit the use of any garage in a manner that would impede the ability to park therein the number of vehicles for which any garage is designed and intended; b) Develops a system that prohibit more than two vehicles per unit from being parked in the Town Center at any given time; c) Identifies enforcement measures for compliance with the approved parking program; and, d) Implement a permitting program with consequences in the event of infractions. e) The leasing documents shall be finalized and approved by the Department prior to the issuance of any Certificate of Occupancy (CO). Thereafter, compliance with the approved property owner/leasing documents shall be required at all times. Any failure to enforce terms 11) 12) 13) Town Center, Phase IV – Staff Report Page 8 14) therein shall constitute a violation of this development order and be subject to any/all recourse to the fullest extent permitted by Town Code. All property leasing documents and written leasing brochures, leasing contracts, Master Plans and related Site Plans for the residential phase shall include a disclosure statement providing notice that surface parking spaces on the property are for the joint use of lessees, visitors, employees and patrons (unless noted as reserved on the approved site plan). Copies of the documents shall be submitted for review by the Department prior to the issuance of any development permits and the final documents provided to the Department prior to the issuance of the first Certificate of Occupancy. Thereafter, such documentation shall be submitted to the Town of Jupiter within three days of the request. 15) Parking. Upon submittal of final plans and prior to the issuance of any development permits, the owner shall revise the “Residential Parking Addendum” as follows: a) To implement an enforcement program that prohibits residents from parking in the 3 hour or 30 minute parking spaces (designated on the approved site plan) on Main Street. b) Revise the permitting program to note that the three hour parking restrictions on Main Street shall be suspended during Spring Training games and provide information on how this will be implemented. c) The garage spaces abutting the 17 loft units shall be assigned to the loft units when occupied for any residential user. No garage space shall be leased to commercial tenants. d) The permitting program shall prohibit tenants with garage spaces from parking in any other spaces in Phase IV, including adjacent on-street spaces. 16) Architecture. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall provide the exact manufacture name and number of the proposed roof tile. 17) Signs. Upon submittal of final plans and prior to the issuance of any development permits, the owner shall provide a sign plan: a) For the signage proposed for both the commercial and residential uses. b) For the location of signage related to stadium parking including signage that indicates the location of parking for the public. c) Showing the location of signage for residential parking area only. d) The finalized sign plan shall be implemented prior to the issuance of any certificate of occupancy or earlier if required by the Parking Control Plan. 18) Affordable Housing. The Owner shall provide the following affordable housing units on the subject property as part of this approval: a) 270 of the rental units shall remain affordable, at the 120% range of the applicable West Palm Beach-Boca Raton Metropolitan Statistical Area (MSA) median household income, as defined by the Town’s Comprehensive Plan for a period of five years from the date of the issuance of a Certificate of Occupancy for that unit, pursuant to Resolution No. 44-09, Condition No. 135 of the Abacoa Development Order. Town Center, Phase IV – Staff Report Page 9 b) c) d) e) f) g) h) 19) The 270 rental units shall be designated as rental units and as affordable housing on the final approved plans. The Owner shall be subject to the Department’s determination regarding the annual maximum rent for all 270 rental units. The Department shall be guided by the adopted Affordable Housing Index Rental Worksheet, to be effective from July 1st through June 30th. The 270 rental units shall be a mixture of one-bedroom, two-bedroom and three-bedroom units. The one-bedroom units shall utilize the West Palm Beach-Boca Raton MSA median household income for a household of 1.5 persons to establish a maximum rent; two-bedroom units shall utilize the median household income for a household of 3 persons; and the three-bedroom units shall utilize the median household income for a household of 4.5 persons. The Owner shall prepare an “Affordable Housing Program” for the Town Center Phase IV development, which shall include among other things, a requirement that the Owner provides the Town with a detailed written annual report that summarizes all rental information for each of the 270 rental units during the previous year. The annual report shall be submitted by the Owner or the Applicant, to the Department no later than May 15th of each year for five years from the date of the last Certificate of Occupancy issued for the 270 affordable units. Upon submittal of final plans and prior to the Town’s final approval of the plat for the subject property and the Affordable Housing Program, the Owner shall submit the proposed Affordable Housing Program to the Northern Palm Beach County Improvement District (“NPBCID”), for its review and comments, to ensure that the commercial units in the development, are property assessed based on the land that supports commercial uses, including the surrounding grounds and the required commercial parking areas. Prior to the issuance of any development permits by the Town for any of the affordable housing units, the Owner shall submit the Affordable Housing Program worksheets to the Department for its administrative review, comment, and final written approval. Engineering and platting. Concurrent with submittal of engineering plans, the applicant shall submit a plat review application and plat review fee, to secure approval of the required land subdivision plat to include: a) A land subdivision Letter of Credit shall be provided that is valued at 110% of estimated cost of the infrastructure improvements proposed under this project. The surety value does not cover or include the vertical construction elements of the project. The plat shall be approved by staff and the subdivision surety shall be received prior to issuance of a development permit for this site. b) Dedication of a public sidewalk easement for any portion of the public sidewalk along Main Street, Avenue A, Stadium Drive, Parkside Drive or Cades Bay that lies outside of the right-of-way. c) Dedication of a public access and parking easement for any portion of the angled parking along Main Street that lies outside of the platted right-ofway. Town Center, Phase IV – Staff Report Page 10 d) The plat, once approved by staff, will require Town Council approval prior to execution and recordation by the Town. 20) Miscellaneous. Any change to the type of ownership from rental to condominium or fee simple ownership shall require a large scale site plan amendment, subject to review and approval by the Town Council. 21) The owner shall implement the marketing plan entitled “The Allure of Abacoa Commercial Real Estate Marketing” to promote commercial occupancy in the loft units. 22) Prior to the issuance of the first Certificate of Occupancy, the Owner shall install two, 2-inch conduits, pull wire, and markers along Main Street and Parkside Drive property frontage for future installation of fiber optic cable in accordance with the Town’s Outside Plant standards. When future phases are constructed, the conduit along those frontages shall be installed at that time (Avenue A and remaining portions of Main Street and Parkside Drive that are not part of this approval). 23) Upon submittal of final plans and prior to the issuance of any development permits, the owner shall pay all the impact fees for the 17 lofts at the residential rate, except for the road impact fees from Palm Beach County and Jupiter which shall be paid at the commercial rate for the approved retail and office square footages. 24) The placement of any type of vending machines or units which dispense food, beverages, candy, merchandise, products, goods, handbills, or advertising magazines outside the confines of the principal structure on the exterior portions of the subject property within public view, is prohibited. 25) Within 60 days of site plan approval and prior to the issuance of any development permits, the Owner shall execute a formal water service agreement. 26) Upon submittal of final plans and prior to the issuance of any development permits, the owner shall provide a Hold Harmless agreement for portions of the north end of the development in which improvements (such as Landscaping) may conflict with drainage easements. Project data. Please find listed below pertinent site plan data and information in reference to the application. The information is as follows: Direction Existing Land Uses for entire PUD Future Land Use/Zoning Districts for entire PUD North Abacoa Town Center, Phase III Mixed Use/Mixed Use, Town Center (MXD/TC) South Abacoa Town Center, Phase II Mixed Use/Mixed Use, Town Center (MXD/TC) & Mixed & Roger Dean Stadium – Use/Mixed Use, Recreation (MXD/REC) Spring Training Facility Town Center, Phase IV – Staff Report Page 11 East Baseball Practice Fields Mixed Use/Mixed Use, Recreation (MXD/REC) West Charleston Court Mixed Use/Mixed Use, Residential Urban (MXD/RU) Site plan. Owner’s proposal Square footage of structure MXD Town Center zoning district requirements n/a Minimum lot area 5,000 square feet Minimum lot width 40 feet 172.23 feet Minimum lot depth 120 feet Minimum building height 20 feet 377.6 feet 25.3 feet (townhouse) Maximum building height Maximum lot coverage 60 feet/ five stories (whichever is less) 50 percent Minimum open space n/a 18.6 % MXD Town Center zoning district requirements Owner’s proposal Front 20 feet (5 ft for arcade) 10 feet for residential buildings 20 feet (14 ft arcade) 10 feet (townhouses) Rear 30 feet Side 0.0 feet or otherwise 10 feet 118 feet 18 feet Side 0.0 feet or otherwise 10 feet Feet Owner’s proposal Square footage MXD Town Center zoning district requirements 50% currently 95% in concurrent zoning text amendment 45 square feet Minimum porch depth 5 feet 5 feet (minimum) Parking requirements. Number of standard parking spaces Minimum requirements Based on shared parking Owner’s proposal See shared parking report Number of disabled parking spaces 12 (2% of 598 non-office 12 on residential portion Building 1…….32,898 SF Building 2…….71,781 SF Building 2A…..71,734 SF Building 2B…..71,766 SF Building 3…….. 8,416 SF Building 4…….10,676 SF Garage A……..2,460 SF Garage B……...4,893 SF 225,433 sf (east resident) 230,720 sf (west resident) 74,164 sf (east office) 77,760 sf (west office) 47.2 feet/ four stories 28.6 % Setbacks. Porch Requirements. Percentage with porches/ balconies 100% (287 residential units) 45 square feet (minimum) Town Center, Phase IV – Staff Report Page 12 parking) Architectural Building colors/type of construction Main Stucco Accent Fascia Window Sills Roof Tile Owner’s proposal Landscaping Minimum requirements 50 percent Owner’s proposal 50 percent 12,158 square feet 3,242 linear feet (40%) 23,000 square feet 3,398 linear feet (42%) MXD Town Center zoning district requirements One One (unless two frontages) 18 inches and 75% the width of tenant bay One per tenant Owner’s proposal “Oyster Bay” – Sherwin-Williams, SW-6206 “Spare White” – Sherwin-Williams, SW-6203 “Coconut Husk” – Sherwin-Williams, SW-6111 “Pure White” – Sherwin-Williams, SW-7005 “Moccasin” - Concrete Flat Tile SH-411 * Percentage of native plant material Foundation planting (North Building) Minimum perimeter planting required (North Building) Signage Freestanding project signs Tenant signage Square footage Pedestrian signage Not provided * Not provided * Not Provided * Not provided * Traffic Satisfies PBC/Town of Jupiter TPS Yes Average daily trips (New) 3,482 new daily trips. Stormwater Satisfies Town of Jupiter requirements Yes Pedestrian amenities Owner’s proposal Benches Pedestrian amenity requirements 12 Trash receptacles 6 6 Bicycle racks provided 6 6 13 * Conditions of approval have been provided within Staff’s recommendations to address these items. Background/history. The subject property is part of the Town Center within the Abacoa Development of Regional Impact. The property is 14.4 acres in size and is located generally south of Cades Bay Avenue, west of Stadium Drive, north of Avenue A and east of Parkside drive. The site is currently vacant and being used as temporary grass parking for the stadium. Town Center, Phase IV – Staff Report Page 13 On May 18, 2006, the Town Council approved a site plan application for Phase IV which included the development of retail, office, restaurant, live-work, and multi-family dwelling units and two parking garages. Although the project was approved, it was never built. The current proposal is for two office buildings (total of 66,250 square feet) and 287 residential units and 17 commercial/ live work loft that the applicant is requesting in the statement of use as residential until demand is achieved for commercial (for a total of 304 units). Specifically, the units include: 115 one-bedroom units, 110 two-bedroom units, 34 three-bedroom units, 28 two-bedroom townhouse units and 17 - 1 and 2 bedroom loft units. The lofts are allocated as 5 Live/work units, 10 Loft units are designated for retail use and 2 Loft units have office (See Attachment A – Statement of Use). A Town Council conceptual review occurred on April 17, 2012. Since that meeting, the applicant removed rental units and added an office building to the southeast corner of Phase IV. Under the current proposal two office buildings are proposed in Phase IV (corner of Avenue A and Main Street) and one office building is proposed in Phase II (between G4S and Hotel). Without knowing the exact development options for the remaining parcels in Phase II, staff notes concerns with approving the office buildings in Phase IV at this time. In addition, to address relocation of parking and uses a Town Center Subdistrict applicant has been provided as well as a zoning text amendment to address ground floor residential use percentages. Staff notes that the applicant has met with residents of Antigua HOA on November 1, 2012 and Charleston Court on November 7, 2012 to explain to the residents what is being proposed. Analysis. This section analyzes the land development regulations and notes the application’s inability or ability to satisfy all applicable development provisions of the Town Code and Comprehensive Land Use Plan (CLUP). The analysis is as follows: Comprehensive Land Use Plan (CLUP) consistency. The proposed development is generally in conformance with the Future Land Use element of the CLUP. In addition, according to the Future Land Use element Policy 1.3.10, that addresses mixed use land uses: “Integration is defined as the combination of distinct uses on a single site where impacts from differing uses are mitigated through site design techniques, and where differing uses are expected to benefit from the close proximity of complementary uses.” Two Office Buildings Sites. As noted in the subdistrict application, the two office buildings sites (Site 1 and Site 2), located at the corner of Main Street and Avenue A, are part of the commercial core and very important to the future viability of the Town Center. If the office uses are approved with this application, the former theater site will be the only space remaining to allow for viable active uses in the Town Center. While the applicant has stated they have control of the former theater site, as it is under contract, to date they have not closed and there are no assurances that the former Town Center, Phase IV – Staff Report Page 14 theater site will provide active uses. The applicant has not submitted elevations for the two office buildings but is requesting approval for 66,250 square feet of office allocation. In the 2006, the site plan approved for this phase included significantly more active uses. Specifically, 13,840 sf of retail uses on the ground floor of the two 4-story buildings that also included 151,660 sf of office use and 20,000 sf of restaurant space in four freestanding buildings fronting on Road A. Instead of locking in the uses for the office sites as part of this phase, staff has recommended a condition of approval that the owner remove the two office site allocations from the site plan and note it as future commercial. The decision on use can be addressed in the future when specific site plans and elevations are submitted for the former theater site and for the proposed office sites. However, if Town Council supports approving the office allocation now, a replacement condition of approval would be recommended, as follows to minimize the impacts to the future development of active uses on the former theater site: Prior to the issuance of any development permits for the office properties in Site V (aka Phase IV), a site plan shall be approved for development of the former theater property in Site II (aka Phase II). Prior to approval of a site plan for the remaining office property in Site V, the owner shall receive a Certificate of Occupancy for all improvements on the former theater property in Site II. Affordable housing. The proposed development consists of a total of 304 dwelling units. Consistent with condition 138a of the Abacoa Development of Regional Impact Development Order (D.O.) (Resolution #44-09), 270 of the dwelling units are required to be designated as affordable housing consistent with Condition 135 of the D.O. Specifically, Condition 135 requires the 270 dwelling units to be designated as affordable housing at or below the 120% range of the applicable West Palm Beach-Boca Raton Metropolitan Statistical Area (MSA) median household income, as defined by the Town’s Comprehensive Plan, for a period of five (5) years from the date of the issuance of a Certificate of Occupancy for that unit of the 270 affordable units. Site design. The proposed development is not in conformance with the Town Code. However, staff has recommended the following conditions of approval to ensure the project adheres to code. The owner is proposing 17 loft units along Main Street. Ten of these units are designated as retail; two are proposed as office and five units are proposed as live/work units. While the five live-work units are designated, they do not function as a typical live-work unit since there are residential functions such as a kitchen located on the ground floor. Staff questions the functionality of these units and how the upper floors could be used if the kitchen is in the commercial space. There could also be potential issues with uniformity of the use of the building on the upper floors since the other 12 loft units could be used as commercial on the upper floor, while these five live-work units could not. Live-work units also require separate entrances for the commercial and residential space, fire separation and other building code requirements. Administering the correct uses in the future will be difficult to monitor and may not result in usable commercial space on the ground floor. In addition, the code does not allow live work units in blocks that Town Center, Phase IV – Staff Report Page 15 have more than 35 percent ground floor residential. If the five live work units were modified to flex commercial space the applicant will be required to reduce the amount of office on Site 1 and 2 or make other adjustments to ensure parking requirements are satisfied. Therefore, staff has recommended a condition of approval that the owner revise the five live/work units to be commercial uses similar to the other loft units. The owner has indicated that if commercial users cannot find parking along Main Street they can also use the parking to the west of Buildings 3 and 4. To ensure these spaces are easily accessible, staff has recommended a condition of approval that any gates proposed for the open space located between Buildings 3 and 4 (west of Main Street) remain unlocked and a sign provided that indicates the sidewalks as a public access-way. The owner indicates on-street parking spaces on Main Street except in front of the two office buildings. In discussions with the Engineering Division, some onstreet spaces could be added along this section of roadway. Therefore, staff has recommended a condition of approval that the site plan be revised to provide the maximum number of parking spaces as possible in front of the two office buildings on Main Street to provide more convenient parking for commercial tenants. The Town Engineer noted that because of the difference between the elevation of the arcade area and the roadway, it may be necessary for the north-south pedestrian crossing be realigned. Instead of the proposed location, the crosswalk should be aligned with the existing north-south sidewalk (rather than closer to Main Street). Therefore, staff has recommended a condition of approval that the crosswalks should be moved away from Main Street and the access drive stop bars located 4 feet behind the crosswalk location. Vehicles tend to leak fluids and can degrade asphalt. The Town’s Engineering Division has requested that parallel spaces that are added in the public right-ofway be constructed of concrete since it does not degrade like the asphalt. Staff has recommended the above as a condition of approval. The site plan depicts on-street parking spaces along Avenue A, Parkside Drive, Stadium Drive and Cades Bay Avenue but it is not clear which spaces have been modified either to add parking spaces or to remove spaces. Therefore, staff has recommended a condition of approval that the site plan clearly depict the changes to existing location and number of parallel parking spaces. The owner has provided information indicating that during the construction of the residential and non-residential uses on Main Street, 2,391 parking spaces will be available for stadium use. Among those spaces are 132 spaces on Site 1, 126 spaces on Site 2 and 208 spaces on the former theater property. Staff has recommended a condition of approval to ensure these spaces are constructed and available for stadium use prior to the issuance of any development permits. The Town Engineer in review of the grass parking has indicated that the parking spaces should meet certain requirements (such as the use of stabilized sod, have areas for pedestrians to access lots and ensure drive aisle are provided in optimum locations). To address these concerns staff has provided the recommendations as conditions of approval. The proposed site plan requires the removal of approximately 330 feet of existing parallel parking spaces along the west side of Stadium Drive in order to develop the two proposed driveway connections to Stadium Drive and to address sight visibility lines. To partially offset this public parking loss, staff has recommended Town Center, Phase IV – Staff Report Page 16 a condition of approval that the owner create a parallel parking space that meets ADA requirement, along the east side of Stadium Drive north of Cades bay. The improvements are recommended to be performed by the developer or contribute monies to the Town for the Town’s estimated costs to perform the work. Landscaping. The application is in conformance with Chapter 23, entitled “Landscaping”. However, the project is not in compliance with Section 27-990.11(j), entitled “Landscaping regulations” as follows: Pursuant to Section 27-990.11(j), entitled “Landscaping regulations”, all front property lines of all properties (i.e., commercial, residential, etc.), shall provide a street-edge and may include a combination of walls, fences and/or landscaping. In order to meet this requirement. Along Parkside Drive gaps are provided where buildings are not located. To address this concern, the owner has indicated a trellis and hedges will be used along Parkside Drive. However, details have not been provided. Therefore staff has recommended a condition of approval that the owner provide details of columns and trellis when submitting final plans. Stadium Parking. The proposed development is generally in conformance with Division 11 of Article X of Chapter 27, entitled “Off-Street Parking” through a Shared Parking approval. In 1996, the various parties that have an interest in parking in the Town Center (Abacoa Development Company, Jupiter Stadium LTD, and Palm Beach County) entered into an agreement that indicated a certain amount of parking spaces needed to be set aside in the Town Center during peak periods for use by Baseball at 2 and 8 pm (originally 3,000, currently 2,020). These spaces for stadium uses are in addition to the parking required for the Town Center uses. These agreements have been modified throughout the years. As Town Center has developed, the majority of the 2,020 parking spaces for baseball were located in the vacant grass area in Phase IV. In addition, the agreements have been modified to locate 500 of the spaces at the Florida Atlantic University (FAU) campus. Copies of these agreements are located on the Town’s web site at: http://www.jupiter.fl.us/Planning/Abacoa-Index-Page.cfm. Now that Phase IV is proposed to be developed, the applicant has worked with Palm Beach County (the owner of the stadium) to ensure the additional 2,020 parking spaces required for baseball are provided in location that is convenient to patrons of the stadium. To address the development of Phase IV, the applicant has proposed shifting many of the stadium parking spaces to the parking garage that previously served the movie theater. In addition, temporary grass parking spaces are proposed to ensure sufficient parking exists during construction of various phases (see Attachment “C” of the subdistrict staff report). To ensure these spaces are easy to locate, a Parking Control Plan will need to be developed, as noted below. In order to ensure all stadium parking spaces required by the Shared Parking Agreement are provided, staff has recommended the following conditions of approval in coordination with Palm Beach County Facilities staff. The owner has received approval from FAU to relocate 500 parking spaces from Phase II to the FAU property. This agreement was approved in 2004 and in 2006 amended to relocate the parking to the current location on the southwest portion of the FAU property. Although the agreements have been executed, staff has no record that the agreements have been implemented. Therefore, staff has Town Center, Phase IV – Staff Report Page 17 recommended a condition of approval that prior to the issuance of a Building Permit, the Use Agreement between Florida Atlantic University (FAU) and Aries Land Acquisition, LLC (Aries) for use of not less than 500 paved parking spaces on FAU’s Abacoa campus must be fully executed. The stadium has events all year round that attract thousands of visitors (see Attachment G – Stadium Event List). As the parking becomes less concentrated in one area and more dispersed throughout the entire Town Center as was always envisioned, a detailed coordinated parking control plan is necessary. This plan is under development and will need to involve such parties such as Palm Beach County, the Town of Jupiter, Jupiter Stadium, the Abacoa Property Owners’ Assembly, Inc. and the Abacoa Town Center Master Property Owners’ Association. Therefore, staff has recommended a condition of approval that prior to the issuances of building permits for either the residential or commercial portions of the project; the owner shall finalize and submit a Parking Control Plan, for review and approval of the Town of Jupiter Town Council. Staff has also recommended a condition of approval that the sign aspects of the program will need to be implemented prior to the issuance of a certificate of occupancy for Phase IV or earlier if required by the Parking Control Plan. The subdistrict plan indicates 2,020 spaces are to be provided for stadium use. The applicant has provided various scenarios to ensure that these spaces will be available to the stadium during different development scenarios (see subdistrict staff report for analysis and the attached statement of use for applicant’s description). However, new scenarios may develop that are not anticipated currently that may impact the number of spaces available to stadium use. Therefore, staff has recommended a condition of approval that 2,020 parking spaces always be maintained for stadium use. The owner and the stadium have been working together to ensure that the parking in Town Center will work for all parties. Specifically, Palm Beach County’s Facilities Operations & Development Department had concerns that residents of the development may utilize more parking than 1.75 spaces permitted per unit. Their concerns include residents utilizing their garage for storage and tenants having 3 or more cars for each unit. To address this concern the applicant was requested to ensure regulations are in place and enforcement occurs that will regulate the parking through a permit program. In order to ensure this occurs, staff has recommended the above as a condition of approval. Many of the parking spaces located on site are to be shared spaces for use by residents, the stadium, and for non-residential uses located on site and off. In order to ensure that all residents and business owners are aware of this requirement, staff has recommended a condition of approval that all leasing documents as well as leasing brochures and contracts, include a disclosure statement providing notice that surface parking spaces on the property are for the public and for stadium events (unless noted as reserved on the approved site plan). In order to ensure this requirement is being adhered to, staff has also recommended that documentation be provided when requested by the Town. General Parking Issues. The owner has requested time limitations for the parking spaces along Main Street. However, a method to enforce the time limitations has not been established in the “Residential Parking Addendum”. The applicant has indicated they would develop a permit system that would enforce the 3 hour or 30 minute parking limitation on Main Street. Specifically, a Town Center, Phase IV – Staff Report Page 18 permitting system could be used to identify resident’s vehicles that are parked on Main Street. To ensure this program is implemented and enforced, staff has recommended this program be added to the “Residential Parking Addendum”. Staff notes that if Town enforcement is also desired, coordination with the Town Police Department would be required. The applicant has developed a permit program to ensure that the parking spaces are available not only to the residents of the community, but also the commercial and stadium visitors that have rights to utilize the parking on site (see Attachment “I” – Residential Parking Addendum). The addendum includes a parking permit program, outlines rules such as residents with garages must park in the garage, and allows for only two decals to be provided per unit. In order to ensure this program is implemented, staff has recommended a condition of approval that a permit program be implemented to ensure parking regulations are in place and enforcement occurs that will apply the parking rules to the residents. Staff recommends that the owner assign a garage space for each of the loft spaces (17 loft units) when they are being used for residential uses and it shall be the space closest to the units. Based on the parking study, all of the spaces on Main Street, along with some in adjacent off-site lots, are required to meet the needs of the businesses along Main Street. However, if the parking on Main Street is used by the residents of the lofts, the business patrons will have nowhere to park, resulting in a less desirable commercial area. Pursuant to Section 27-1258, entitled “Garage Parking”, when calculating the number of parking spaces in a residential development, each parking space located in a private residential garage shall count as between one-half and one parking space. The code allows the space to be counted if driveway parking is being provided behind or next to the garage; additional storage area is provided in the garage; the parking spaces are located in a structured parking garage that is not fully enclosed; or, other provisions are made to ensure that the garages are used for parking. The owner has indicated that they have met the intent of the regulations to allow the garage space to be counted as one space by requiring all residents to sign a lease and agree to certain regulations. If a tenant has leased a stand-alone garage or if they are leasing a townhome with a garage they will sign an agreement that prevents them from using said garage for any storage other than for their vehicle. The applicant also indicated that if a violation is discovered a penalty will be issued to the resident until rectified. Section 27-990.11, subtitled “Parking regulations” of the MXD code, states that a minimum of 75 percent of all required parking must be in the rear or side of the buildings. With Main Street being the primary frontage, all of the parking, except the 49 on-street spaces, are located to the rear of the building. In addition, the applicant has proposed residential buildings along Cades Bay and Parkside with all but the on-street parking located behind the buildings. Therefore, the applicant meets this code requirement. The proposed parking on site is not only to be used for the residents of the community, but based on the shared parking agreements, the spaces are also to be available for commercial users on site, adjacent office buildings and visitors to the stadium (including tournaments). Originally the applicant had proposed to reserve 219 spaces; however, after working with staff, the applicant has proposed to eliminate two detached buildings which included 20 individual parking garages and 38 reserved spaces on the west side of the development to create more public access to parking. Under the current plan, the owner has Town Center, Phase IV – Staff Report Page 19 proposed to reserve for residents a total of 94 spaces in individual garage spaces and 67 surface spaces (total of 161). Staff notes that Phase I is currently requesting changes to the management of parking in its phase. In 2007, a request to allow residents to park in 24 hour increments on the upper two levels of the four story parking garage was approved by Town Council for a one year trial period. In January of 2008, the trial period ended without the plan being implemented, therefore, the parking never changed to no parking between 4 am and 6 am daily. Planning staff is currently reviewing a proposal by the residents of “The Village” portion of Town Center, Phase I to allow overnight parking with a 24 hour maximum limit. Changes to how the garages in Phase I operate may affect how a Parking Control Plan is ultimately drafted. For example, a concept to allow residents to park for 24 hours on the upper levels, may limit the ability of the stadium to provide restriction in regards to baseball parking. Architectural design. The application is in conformance with the Architectural and Community Appearance Standards. The owner has not indicated the actual roof tile has not been selected and probably will not until the project goes out to bid for construction. Although, the applicant has indicated the tile will be medium to dark grey in color. In order to ensure roof colors are compatibility with existing structures, staff has recommended this be provided as a condition of approval. Signage. The proposed development is not in conformance with the signage requirements of the Mixed Use Development Ordinance; specifically, Section 27-990.32, entitled “Community Commercial (CC) and Town Center (TC) subdistrict”. Pursuant to Section 27-353, entitled “Site plan review for large-scale development”, an application for site plan review must include the location, size, and type of outdoor signs. The owner has not provided any sign details, including details of signs for the proposed commercial uses, live work uses or signage for the residential development (signage has been provided for the permit program only, but location of signage has not been indicated). In addition, a signage program has not been provided that indicates the directional signage and other signage that will be provided on site to help visitors locate parking in regards to stadium parking. This is similar to a requirement in the subdistrict that the signage program for the subdistrict be developed. Signage is important for way-finding and coordination of the Parking Control Plan, which is being coordinated between the applicant, Palm Beach County, the Town of Jupiter, Jupiter Stadium, LTD, the Abacoa Property Owners’ Association, Inc. and the Abacoa Town Center Master Property Owners’ Association. Therefore, staff has recommended a condition of approval that a signage plan for the location of signage related to stadium parking, including signage that indicates the location of parking for the public needs to be provided prior to issuance of permits and implemented prior to the issuance of the first Certificate of Occupancy. Marketing. The developer has proposed commercial/ live work uses along Main Street. In order to encourage the development of these spaces as commercial, staff has worked with the applicant and allowed them to count the space as commercial; however, if they are not able to be leased, then they may be rented as residential, until such time as there is demand for the commercial space. In order to ensure efforts are made to lease the space for commercial, the owner has Town Center, Phase IV – Staff Report Page 20 provided a plan entitled “The Allure of Abacoa Commercial Real Estate Marketing” (Attachment H) to market the 17 commercial and live work loft units. This plan outlines efforts to be utilized to market the commercial and live work units including hiring staff to lease the space, use of various advertising methods (mail, newspaper, internet, etc.) and the use of staging of the office space to entice visitors to lease the space. To ensure these methods are used once the project is constructed, staff has recommended a condition of approval that the marketing plan be implemented and that documentation be provided to the Town to promote the commercial and live work units. The owner is proposing commercial and retail space that may be utilize in the interim as 17 loft units until the space is commercially leased. Based on discussions with the Building Department the impact fees for the commercial space is $264,537.82 (versus $110,282.54 for residential). In order to ensure this money is paid up front, staff has recommended that the impact fees for the more intense commercial use (retail/office) be paid at time of issuance of building permits, instead of impact fees for 17 loft units. Miscellaneous. Staff has recommended a condition of approval requiring any change from rental to condominium or fee simple ownership be reviewed and approved by the Town Council. Typically, expectations are different between rental communities and condominium ownership. For example, the type of ownership has an important relationship on expectation for parking spaces and compatibility with nonresidential uses. In Town Center Phase I, when the project was a rental community, residences parked in the first available space and staff was not aware of any concerns. However, once the project was converted to condominium, the residents desired a guaranteed space and parking issues resulted in the need to create reserved parking. Noise complaints also became more prevalent. In order to facilitate the installation of fiber optic cables in the future, staff has recommended a condition of approval that the owner install 2, 2-inch conduits, pull wire, and markers along the projects Main Street and Parkside Drive frontages. When the proposed office sites are developed, the applicant will be responsible for the Avenue A property frontage. Located to the south of the two proposed office sites, is a road named Avenue A. None of the other streets in Town Center follow this alphanumeric naming system. Therefore, the owner has proposed to rename the road to Stadium Drive to match the name of the road that extends north-south from Frederick Small Road to the Stadium. Staff notes that currently no business or residents are addressed off this road, so renaming will not be inconvenient to local businesses or residents. This will also help with way finding. Staff has recommended a standard condition of approval in regards to service agreements for the Town’s Water Department. In addition, a water-line is proposed to be located between two buildings on site at the northern end of the property. This line may need to be repaired in the future and could impact landscaping. Therefore, a hold harmless agreement is required. Site plan criteria. Town Code, Section 27-96, contains minimum criteria for review of all development application processed. Upon review of the 12 criteria in Section 27-96, Town Center, Phase IV – Staff Report Page 21 staff finds that the owner has satisfied 7 of the 12 criteria. The criteria that are not satisfied are: 1. Is the application consistent with all applicable land development regulations and all other portions of the Jupiter Town Code. Staff Comments: As noted in the staff report, the application does not meet: Section 27-353, entitled “Site plan review for large-scale development” Section 27-990.11(j), entitled “Landscaping regulations”, 4. The proposed development is compatible and/or consistent with the established or proposed character of a neighborhood or area. Staff Comments: The intent of the Town Center regulations is to promote a proportioned mix of uses, including commercial retail, office and residential, such that no one use predominates. Staff has recommended conditions of approval to ensure that development of Phase IV and the timing of development phases in the other blocks, do not limit the feasibility of achieving a mix of active uses in the core commercial area of the Town Center, specifically for those parcels facing Avenue A and to ensure those sites are compatible with the intent of the subdistrict. 6. There are adequate levels of service for public facilities, including, but not limited to, transportation, water supply, drainage and sanitation, available concurrent with the impacts of the development proposed by the application. Staff Comments: Stadium parking availability will be impacted by the development of Phase IV. To address this item, staff has recommended that a Parking Control Plan be implemented to address parking needs of stadium events and that the two office site not to be approved until the theater site is appropriately planned to ensure adequate parking is maintained without impacting the development options of the commercial core of the Town Center. 9. The proposed development would not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. Staff Comments: The proposed development program limits options for the remaining vacant parcels due to the significant consumption of land to accommodate the proposed residential uses, while reducing the retail, restaurant and theater uses intended to establish an active town center district around the stadium. This includes the impacts stadium parking will have on other sites due to the proposed changes. Staff has recommend conditions of approval in regards to stadium parking and timing of development to ensure the last and most critical parcels are not limited in their ability to be developed with uses that to develop a synergy with the other surrounding uses including the stadium. 11. The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks. Staff Comments: Parking from the proposed development will result in impacts to Town recreation uses and the stadium use. Staff has recommended conditions of approval that a parking control plan be implemented to ensure the parking does not negatively impact these public facilities. As indicated in this analysis, staff has provided conditions of approval to ensure the development complies with these sections of the Town Code. Town Center, Phase IV – Staff Report Page 22 Attachments. Attachment A – Statement of Use Attachment B – Location Map Attachment C – Site Plan Attachment D – Disclosure of Ownership Interest Attachment E – Traffic Report Attachment F – Palm Beach County TPS requirements Attachment G – Stadium Event List Attachment H – The Allure at Abacoa Marketing Plan Attachment I – Residential Parking Addendum Attachment J – Parking Signage Exhibit Attachment K – Lighting estimate K:\Staff\WP51\PROJECTS\ABACOA\Town Center\Phase 5 (2012 last phase) PZ 12-145\Staff Report7.doc February 14, 2013 Dais Item 2/19/13 # 13 Cotleur& Hearing Attachment A Landscape Architects! Land Planners! Environmental Consultants 1934 Commerce Lane' Suite 1 . Jupiter, Florida' 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lie # LG-COOD239 Abacoa Town Center Phase IV Site Plan Review Revised 10.29.12 Introduction Aries Land Holdings, LLC and NRP Holdings, LLC are pleased to provide the enclosed information for the Abacoa Town Center phase IV site plan application. The proposed plan is located on the undeveloped parcels remaining in Phase IV of the Abacoa TownCenter Sub-District. The proposed site plan includes the following mix of uses: 66,250sf of office and 287 multi-family units comprised of 259 apartments in mixed and single use buildings and 28 two-story townhouse units and 22,934sf of office and/or retail use in 17 loft units of the mixed multi-storied buildings on the Phase IV parcels. The 17 loft units are proposed as double height two-story residential units that have the ability to convert 12 units to retail or office uses and 2. live/work units in the future. This conversion will provide 22,934sf of non-residential use on the ground floor and mezzanine areas of the mixed multi-story buildings replacing the interim residential units. The initial phase of development will be approximately ten acres located in the northern portion of the Phase IV parcels, to be developed as a 304 unit residential rental apartment project. The two remaining parcels, located along Avenue A, will be developed as Phase II and will remain available as grass parking pending the development of the 33,125sf of office use on each site at a future date. The proposed site plan application includes all of Tract TC-3R and TC4-R of the Phase IV Town Center Subdistrict. The property is located east of Parkside Drive, west of Stadium Drive, south of Cades Bay and north of Avenue A. The Town Center Sub-District Master Plan will also be revised and submitted for concurrent approval to reflect the proposed land use allocations presented in the site plan application. Project Contact All correspondence in connection with this request should be directed to the agents for the applicant: Agent {landscape Architect / Planner Applicant / Developer: Cotleur & Hearing, Inc. Abacoa IV Residences llC Contact: Donaldson Hearing/Alessandria Kalfin Contact: Cheryl Steigerwald 5309 Transportation Boulevard 1934 Cornmerce lane, Suite 1 Cleveland, OH 44125 Jupiter, Florida 33458 Phone: (561) 747-6336 Phone: (216) 584-0602 Email: [email protected] Email: [email protected] Engineer Architect MSA Architects Inc. Jeff H. Iravani, Inc. Contact: Jeff Iravani Contact: lose Saumell 1934 Commerce Lane, Suite 5 7695 SW 104th Street, Suite 100 Jupiter, FL 33458 Miami, FL 33156 Phone: (561) 575-6030 Phone: (305) 273-9911 Email: [email protected] Email: [email protected] AbacoaTC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Project Description The applicant proposes a site plan application for all of the vacant property in Phase IV of the Town Center. The proposed site plan will be developed in phases with the phase 1 being the 10 acre mixeduse rental apartment project in the northern portion of Phase IV. This phase will include 304 multifamily units. The proposed site plan includes the development of loft units on the ground floor of the mixed-use "L" shaped buildings that can also accommodate non-residential uses. Thus the proposed site plan will request approvals for this potential non-residential build out, which totals 22,934sf of retail and office entitlements. The initial development phase will include 259 multi-family apartment units, 28 townhouse units and 17 loft units, that in the future can accommodate 14J90sf of retail and 8,144sf of office uses. Until a market demand is realized for the retail and office uses, the 17 loft units will be leased as residential units. This will not preclude anyone from leasing the lofts for non-residential activities, if a tenant desires to rent the unit for this use. The loft plans are designed to permit 5 Live/work units (3 Loft "A" types and 2 Loft uB" types} having a total of 4,400sf of office use. In addition, 10 Loft units (6 Loft "A" types and 4 Loft "B" types} having a total of 14,790sf of retail use and 2 Loft units (Loft fiB" types} having a total of 3,744sf of office is designed into the ground floor of the mixeduse buildings. The proposed site plan respects the existing grid of the Town Center as well as the adjacent land uses and building heights. The mixed-use "L" shaped buildings are oriented towards Main Street and define the two remaining blocks of the Town Center. Two future 33,125sf office buildings on sites 1 and 2 will anchor this phase of the Town Center and create a gateway entrance down Main Street. The intersection of Main Street and Avenue A becomes the signature identification point for this phase of the project. A centralized pedestrian connection is developed perpendicular to Main Street bringing the buildings placed along the edge of the site together with the Main Street buildings in a meaningful way. Twenty-eight two-story townhouse units are placed along Cades Bay Avenue to respond to the residential buildings of Antigua. In summary, the following uses are being proposed: RESIDENTIAL APARTMENT UNITS - MIXED USE BUILDINGS APARTMENT UNITS - SINGLE USE BUILDINGS TOWNHOUSE UNITS LOFT UNITS* TOTAL UNITS 178 81 28 17 304 UNITS 14,7900 SQ. FT. UNITS UNITS UNITS UNITS RETAil MIXED USE RETAIL"' (versus loft units) OFFICE SITES 1 and 2 MIXED USE OFFICE* (versus loft units) SQ. FT. SQ. FT. TOTAL COMMERCIAL SQ. FT: -2- Abacoa TC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Although the Phase IV site is being proposed for office/retail use on the ground floor of the mixed-use buildings, the applicant is requesting that the unit be approved as a residential loft. Granting the flexibility to allow this space to be used by residential tenants, in the initial phases of the project, will assist in stabilizing the project at a time when non-residential tenants are not available. To further promote the pedestrian activity within this phase of the Town Center, lO,OOOsf of residential amenities will occupy the ground floor of the mixed-use buildings. Work out areas, postal delivery and leasing activities are a few of the amenities that will bring the residents into the Main Street core of the project. These amenities will have the affect of an incubator for other non'-residential uses to come to the Town Center in the future. Surroundin2 Uses ..... Direction Existing LaiuJUses.< North TOJ Park, Residential Houses & Townhomes, Independence Middle school South Town Center I and II East Town of Jupiter Recreational Baseball Fields and Roger Dean Stadium West Charleston Court Townhomes Future LeindUse!ZoningDisfricf •..... . ..... . ..... Mixed Use/ MXD Recreation (REC), Residential Neighborhood (NB) and Institutional (IN) Subdistricts Mixed Use/MXD Town Center (Te) Subdistrict Mixed Use/MXD Recreation (REe) Subdistrict Mixed Use/MXD Residential Urban (RU) Subdistrict TOWN CENTER SUBDISTRICT: The proposed sites are located in the Town Center Subdistrict. The following tables are provided to place the proposed site plan into context with the approved Subdistrict land uses and with previous site plan approvals for this property. Over the last few years the Town Center has gone through changes to its approved and built environment. The previously approved 40,OOOsf Dyadic Research & Development project in Phase II expired and was replaced by the 62,984sf G4S office building and the 3,733 seat Crown Theater in Phase II was dosed and subsequently demolished leaving a vacant parcel at this location. These changes affect the overall utilization of the Town Center entitlements as well as the proposed Phase IV site plan under consideration. Tablelbelowlists the land use intensities that have been approved in the Town CentefSobdisttiet:The Original Map H Entitlements are provided as well as the amount of square footage that has been converted or added to each land use category, to arrive at the current Land Use entitlements in the Town Center. The modifications to each land use, from the original DRI, are shown in the second column with footnotes below the table for each category. The Revised Map H Entitlements are the product of the previous approvals and conversions and represent the land use intensities for build-out of the Town Center. -3- AbacoaTC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Table 1: Town Center Sub-district Land Entitlements Land Uses Original MapH Entitlements 444,200 SF Retail Theater Seats 510,700 SF Office Hotel/Conference Center or Rooms Office 488 Units Residential OSF Research & Dev. Approved Modifications Revised Map H Entitlements 176,930 SF 4,009 Seats 262,355 SF 160 Rooms - 267,270 SF ° ° + 4,009 Seats - 248,345 SF + 160 Rooms + 613 Units + 40,000 SF 1,101 Units 40,000 SF Notes: 1. Retail: 80,OOOsf converted to theater seats; 89,270sf converted to office; 68,000sf converted to residential; 30,OOOsf to 30 hotel rooms. 2. Theater: 4,000 seats added to the Entitlements from converting 80,000sf of retail. 3. Office: 170,OOOsf converted to residential; 122,980sf converted to hotel/conference; 44,635sf added from retail conversions. 4. Hotel: 130 rooms added from office conversion; 30 rooms added from retail conversion. 5. Residential: 204 units added from retail conversion; 409 added from CC and Workplace Subdistrict transfers. 6. Res. & Dev.: 40,OOOsf added from Workplace Subdistrict. In order to evaluate the proposed Phase IV site plan in context with the overall entitlements for the Town Center, we have prepared a comparison of the approved land uses in Phases I thru IV, which includes the previously approved Phase IV site plan, against the approved land uses and those proposed for Phase IV and the vacant Phase II parcels. The Revised Map H entitlements provided in Table 1 above (the last column) are used as the baseline in Table 2 below (1 st column). The following columns illustrate the approved land use intensities for each Phase as provided in the Phase IV site plan approval in 2006. The land use quantities are totaled and compared against the column 1 to show the amount of land use that remained after all sites were approved. Table 2: Approved Town Center Land Uses (2006 Phase IV approval) Land Uses Revised Phase I Phase II Phase III Phase IV Map H Uses Uses Uses Uses Uses 176,930 SF 112.600 2,734 79,820 Retail 4,009 Seats 4,009 0 Theater 262,355 SF 51,575 0 30,000 160J80 Office 0 160 Rms 0 Hotel/Conf. 160 Rooms or Office 1,101 Units 413 0 280 398 Residential 40,000 SF 0 40,000 Research & Dev. ° ° ° -4- Total Approved Uses 195,154 Remaining Map H Uses -18,224 SF ° 160 Rms °Seats °Rooms 1,091 10 Units ° 40,000 OSF ° 4,009 242,355 20,000 SF Abacoa TC IV CH# 11-0104.03 .Site Plan Review October 29, 2012 As illustrated in Table 3 below, the majority of the land use entitlements for the Town C~nter were utilized in the previous site plan approvals. It is worth noting that the 2006 Phase IV site plan included 1,282 parking spaces in two four-story parking structures and 398 residential units, which included 364 studio/1 bedroom units sized from 600sf to 900sf and 34 live/work townhouse units of approximately 1,800sf in size, Table 3' Percentage of Entitlements used' PREVIOUS APPROVED PLANS Land Uses Revised Total Percentage of Remaining Map H MapH Approved Approved Uses Uses Uses Uses -18,224 SF 176,930 SF 111% 195.154 Retail o Seats 4,009 Seats 100"10 4,009 Theater 262,355 SF 242,355 93% 20,000 SF Office 160 . o Rooms 160 Rooms 100% Hotel/Conf. or Office 10 Units 1,101 Units 99% 1,091 Residential 40,000 SF 40,000 100% o SF Research & Dev, Concurrent with this Phase IV site plan application, a Town Center Subdistrict Master Site Plan application has been submitted to modify the land use entitlements in Phase II and IV. Table 4 provides a summary of the proposed land use modifications, which transfers 33,750sf of office use from Site V to Site ll~ (*Note: The theater seats represent the number of spaces built versus the total approved in the ORO. Table 4: Proposed Subdistrict modifications Use Office Site I Site 11/ & IV Site II 51,575 30,000 62,984 Research & 0 Development Retail 112,600 Total 117,796 262,355 sf -33,750 84,046 +33,750 .- Site V 96,734 0- 5,946 0 AO,OOO- 58,384 176,930 sf 0 3,733 sts ---------- 40,000 sf Theater 0 3,733 °0 Hotel °413 160 0 0 160 rms 0 280 408 1,101 units Residential -5- AbacoaTC rv CH# 11-0104.03 Site Plan Review October 29,2012 The revised Map H entitlements provided in Table 4 are then utilized as the baseline in Table 5 below to provide a comparison with the previously approved Phase IV site plan. This table also includes the proposed land use intensities for the vacant Phase II properties in order to evaluate the overall build-out of the Town Center. The proposed Phase II land uses include 33,750sf of office on the conference center site and a 1,OOO-seat movie theater. As previously described, the Phase rv land uses include 66,250sf of office on the two front office parcels along Avenue A, 287 residential units, 8,l44sf of office and 14,790sf of retail in the 17 lofts units ofthe mixed use buildings. Table 5: Approved and Proposed Phase II & IV Town Center Land Uses Land Uses Revised Phase I Phase III Phase II Phase IV MapH Uses Approved Uses Proposed & Uses Uses Proposed Uses 112,600 5,946 231,212 SF a 14,790 Retail 3,733 Seats 0 1,000 Theater 51,575 96,734 30,000 74,394 262,355 SF Office a 160 Rms a 160 Rooms a Hotel/Cont. or Office 1,101 Units 413 280 0 287 Residential 40,000 SF a 0 0 a Research & Dev.. ° ° Total Approved & Proposed Uses 133,336 1,000 252,703 160 Rms 980 a Remaining Map H Uses 97,876 SF· 2,733 Seats 9,652 SF Rooms ° 121 Units 40,000 SF Table 6 provides the total amount of land uses proposed for the Town Center and the percentage of use relative to the revised Map H entitlements. In comparing the two, 97% of the office land use and 58% of the retail land use is utilized at build out. The R&D land use is not proposed at this time; however this land use can be placed on any of the vacant parcels if the appropriate user comes forward. The remaining retail land use can also be allocated to the theater site if needed to accommodate an entertainment component with the theater. Table 6: Percentage of Entitlements used: PROPOSED PLANS Land Uses Revised Total Percentage of Map H (TC) Approved and Approved Uses Proposed Uses Uses 133,336 231,212 SF 58% Retail 3,733 Seats 1,000 27% Theater 262,355 SF 252,703 97% Office 160 Rooms 160 100% Hotel/Cont. or Office 1,101 Units 980 89% Residential 40,000 SF 0% Research & Dev. ° -6- Remaining Map H Entitlemen ts 97,876 SF 2,733 Seats 9.652 SF Rooms ° 121Units 40,000 SF Abacoa Te IV CH# 11-0104.03 Site Plan Review October 29,2012 A major difference in the proposed site plan is the commitment to deliver the office intensity. In addition to this, when comparing the two plans the residential unit type delivery has been modified to meet the market demand. The proposed 287 units include full one, two and three bedroom sizes as well as two-story townhomes. In addition 17 loft units will be provided within the ground floor nonresidential areas bringing the total density to 304 units. The proposed Phase IV residential units include: 115 one-bedroom units, 110 two-bedroom units, 34 three-bedroom units, 28 two-bedroom townhouse units with an additional!7 - 1 and 2 bedroom loft units. SHARED PARKING AGREEMENT The Town Center Sub-district, as a whole, is required to meet the provisions of the Shared Parking Agreement. This Agreement requires all Town Center properties to supply sufficient parking, on a shared basis, for its land use intensities PLUS an additional 2,020 spaces for use of the Stadium during Spring Training. A shared parking formula/matrix, which determines the amount of parking required for each land use by its intensity, is incorporated into the Agreement and is acknowledged by all parties that own land within the Town Center, Jupiter Stadium, the County and the Town of Jupiter as the methodology for determining the parking requirements for all site plan approvals. The provided shared parking calculations are based on the proposed build-out land use intensities and the previously approved projects in Phase I and II at the peak AM and PM intervals. As required in the Agreement, this analysis is broken down into the various steps necessary to evaluate the adequacy of parking provided for the Town Center uses as well as the stadium. The Shared Parking Agreement establishes the Land Use types, parking rates for each type, the adjustment to the rate of parking needed for the month of March and the time of day adjustments to determine the Peak demand in the afternoon (AM) and evening (PM). This methodology was developed together with the Land Owner, the baseball team representatives and the County for use in approving site plans in the Town Center. The proposed Town Center Phase IV site plan and the proposed uses for Phase !I, collectively meet the shared parking requirements as demonstrated in the following analysis: STEP 1: Required spaces The Shared Parking Agreement between Jupiter stadium Ltd., Abacoa Development Company, North County LcHldHolclingsj Ltd. and Palm Beachcountvcl"egulatestl"le parking requirements-forcthecTown Center Sub-district. Per the Agreement, the Town Center is to provide the necessary parking spaces for all proposed land uses and an additional 2,020 spaces for the use of Roger Dean Stadium during spring training games. Because this is a seasonal event the Agreement includes an approved shared parking formula and table that is the basis for determining the amount of parking required in the Town Center. Because spring training is held during the month of March the table utilizes the month of March shared parking ratios and time of day adjustments for its analysis. The parking needed to meet the overall land use intensities in the Town Center plus the stadium spaces must be provided within the Town Center Sub-district to meet the Agreement. -7- AbacoaTC IV CH# 11-0104.03 Site Plan Review October 29, 2012 STEP Z: land Use Intensities Table 7 below provides the land use intensities approved in the Abacoa DRI for the Town Center Subdistrict. In addition, the table provides the approved modifications to the entitlements and lists the revised land use entitlements for the Town Center Subdistrict. Table 7: Town Center Sub-district Land Uses Land Uses Original Map H Entitlements 444,200 SF Retail o Seats Theater 510,700 SF Office o Rooms Hotel/Conference Center or Office 488 Units Residential OSF Research & Dev. Approved Modifications - 267,270 SF + 4,009 Seats - 248,345 SF + 160 Rooms + 613 Units + 40,000 SF Revised MapH Entitlements 176,930 SF 4,009 Seats 262,355 SF 160 Rooms 1,101 Units 40,000 SF Notes: 1. Retail: 80,000sf converted to theater seats; 89,270sf converted to office; 68,000sf converted to residential; 30,000sf to hotel rooms. 2. Theater: 4,000 seatsadded from retail conversion. 3. Office: 170,000sf converted to residential; 122,980sf converted to hotel/conference; 44,63Ssf added from retail conversions. 4. Hotel: 130 rooms added from office conversion; 30 rooms added from retail conversion. 5. Residential: 204 units added from retail conversion; 409 added from CC and Workplace Subdistrict transfers. 6. Res. & Dev.: 40,000sf added from Workplace Subdistrict. Since the approval of the Abacoa DRI there have been many changes to the land uses intensities in the Town Center to accommodate the implementation of the plan. The majority of the Town Center has been approved and built with the exception of the Phase IV site. In addition with the dosing of the movie theater and its demolition the site is now vacant and subject to revised approvals. As part of the Town Center Subdistrict Application, the overall land use intensities will remain the same, however 33,7S0sf of office is proposed to be transferred from Phase IV to Phase II. This will permit the development of an office use on the vacant conference center site adjacent to the G4S building. The theater intensity will remain as 3,733 seats. The following Table 8 illustrates the approved Subdistrict land use allocations in the Town Center as they exist today. Table 9 illustrates the proposed modifications, which include the transfer between Site II and Site V for the office entitlements. Table 10 illustrates the final allocations if approved as proposed. -8- Abacoa TC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Table 8: Existing Town Center Land Use allocations: Site I Use Site" Site V Site'" & IV Total Office 51,575 62,984 30,000 117,796 262,355 sf & Research Development Retail ° 0 0 40,000 40,000 sf 112,600 5,946 0 58,384 176,930 sf Theater 0 3,733 0 0 3,733 sts Hotel 0 160 0 0 160 rms Residential 413 0 280 408 1,101 units Table 9: Proposed Modifications: Site I Use Site V Site'" & IV Site" Total 0 117,796 -33,750 84,046 40,000 40,000 sf 30,000 Office 51,575 Research & Development Retail 0 62,984 +33,750 96,734 0 112,600 5,946 0 58,384 176,930 sf Theater 0 3,733 0 3,733 sts Hotel 0 160 0 °0 Residential 413 0 280 408 1,101 units Table 10: Final Town Center Land Use allocations: Use Site I Site" Office 51,575 Research & 0 Development 112,600 Retail Theater 160 rms Site V Site'" & IV 262,355 sf Total 96,734 (1) 30,000 84,046 (2) 0 0 40,000 40,000 sf 58,384 176,930 sf 0 3,733sts 0 5,946 ~~- 0 . ~.~. 262,355 sf Hotel °0 3J733 160 0 0 160 rms Residential 413 0 280 408 1,101 units .~ The Total Approved and Proposed Land Uses provided in Table 10 are used to analyze the parking requirements for the development program and the stadium parking spaces, with the exception of live/work and townhouse residential units. Since these types of residential units provide their own internal parking garages, which mean additional spaces are not required and those spaces cannot be shared, they have been excluded from the shared parking analysis. This includes 280 units on Site II &IV and 28 units on Site V for a total of 308 units. In addition, the theater seats on Site II are being reduced -9- AbacoaTC IV CH# 11-0104.03 Site Plan Review October 29, 2012 to 1,000 seats versus 3,733 seats in the parking analysis. This reduction permits the parking analysis to include a potential redevelopment of the site with a theater component that would be more likely than the previous size and enable the analysis to include this demand when evaluating the overall build out of the Town Center. Additional studies are also included for the redevelopment ofthe theater site and are discussed in the parking section ofthe statement of use. STEP 3: Provided Parking Spaces Each phase of the Town Center is included in the Shared Parking Agreement and provides a share of parking necessary to support its approved land uses and a portion of the required stadium spaces. The site plan approvals for each phase of the Town Center have provided the following number of parking spaces: Table 11: Approved parking spaces Location Phase I Phaselfl TOTAL On-site On-street Off-site 1,343 140 0 Phase II 977 37 500 0 187 0 2,320 364 500 TOTAL 1,483 1,514 187 3,184 In addition to this, the Phase II plan can provide an additional 91 parking spaces on the theater site and Phase IV will provide 810 parking spaces on-site and on the adjacent street rights-of-ways. The on-site parking includes 114 garages and 527 surface spaces. The rights-of-way adjacent to the site provide an additional 169 parking spaces for a total of 810 new spaces. The available parking in the Town Center Subdistrict will be 4,085 spaces as shown in Table 12. Table 12: Proposed parking spaces Location On-site On-street Off-site Phase II Additional spaces Phase IV Site Plan 91 o o TOTAL Previous Approvals TOTAL Spaces 2,320 364 500 3,052 533 500 3,184 4,085 STEP 4: Analysis All of the approved and proposed land use quantities in each phase are entered into the shared parking ,matrix to determine its program parking demand during the afternoon (AM) and the evening (PM). The analysis determines the parking demand for mid-day (12:00 to 2:00pm) and evening (6:00 to 8:00pm) peak hours. Exhibit A thru E are the shared parking matrix tables that show how much parking is required for each phase, how many spaces are provided and how many excess spaces are available for the stadium's use. The Exhibits also include the number of spaces provided in each phase as its share of the stadium parking. This allocation is consistent with the Subdistrict Master Site Plan is as used as a -10 - Abacoa Tcrv CH# 11-0104.03 Site Plan Review October 29, 2012 guide to evaluate the phase by phase parking needs. The results of the shared parking tables are also graphically represented on Exhibit F and include the number of parking spaces provided in each phase, the AM demand and the PM demand and subsequent excess spaces that are available for stadium use. In addition to the required spaces, Exhibit F also highlights parking areas that may be available to the stadium on high demand event days. These areas may need additional agreement from the respective owners. The results show that the amount of parking in the Subdistrict will be sufficient to meet the demands of the approved and proposed land use intensities plus the stadium parking requirements. The build out parking analysis, EXHIBIT E, shows the following: 1) The peak parking demand for the Town Center land uses in the afternoon is at 2:00pm with a requirement of 1,943 spaces and an evening peak requirement at 8:00pm with a requirement of 1,797 spaces. 2) When adding in the additional 2,020 stadium spaces, the total parking demand at 2:00pm is 3,963 spaces and 3,817 spaces at 8:00pm. 3) The Town Center Subdistrict provides a total of 4,085 spaces as shown in table 10 above, which provides a surplus of 122 spaces at 2:00am and 268 spaces at 8:00pm. The proposed Town Center site plan and overall parking meets the requirements of the shared parking agreement. The build out analysis has a large surplus of parking, 122 in the Am and 268 in the PM, when the provided parking (spaces provided by all phases) is looked at as a single pool of spaces across phases, per the shared parking agreement. However if each phase only provides a portion of the 2,020 stadium spaces and is not contributing more then its allocation. the surplus parking would be reduced. The additional surplus of spaces is due to the overall sharing of available spaces in the Town Center versus a phase-by-phase allocation. This is consistent with the shared parking methodology contained in the agreements. A test of each phase is provided in the shared parking Exhibits A-D, where each phase provides its program parking plus a share of the stadium spaces. This allows for each phase to have flexibility in its internal land uses and parking ratios and still meet the overall stadium parking req uirements. To illustrate this flexibility, Phase I currently provides 450 stadium parking spaces in addition to its program demand. The program/land uses are permitted to change over time prOVided Phase ( continue to provide the additional 450 spaces on top of the program demand. The Town of Jupiter has worked with Phase lover time to "fine tune" its parking needs relative to its proposed mix of uses. Exhibit G is a modified shared parking matrix that contains additlonallarid uses and parking rates for uses not contemplated in the shared parking agreement. The program parking demand is factored and the additional 450 spaces are added to determine the Phase ( parking needs. If the programs demand plus stadium parking meets the provided parking then the modifications to the land uses can be approved. In this example the Phase I site continues to provide a surplus of parking in the AM and PM. BUILD OUT SCENARIOS/OPTIONS Due to the demolition ofthe theater and the potential to redevelop the property with varying uses, this site presents development opportunities other than that provided in the application. As stated previously, the proposed revisions to the uses on the theater site includes a 1,OOo-seat theater. In order - 11- Abacoa Te lV CH# 11-0104.03 Site Plan Review October 29, 2012 to evaluate the potential for other uses for the site, two additional redevelopment scenarios were reviewed. Scenario one includes the development of a 5,OOOsf restaurant (placed along the pedestrian walkway leading to and from the parking garage) and a 60,OOOsf office building at the corner of the site. Scenario two includes the development of 30.000sf of retail at the corner of the site. Both of these development scenarios utilize the development entitlements listed in Table 7 and are provided as examples of alternative development options for the Phase fl theater parcel and its ability to comply with the shared parking agreement. As these studies are both hypothetical and only examples of what types of development could happen in the future, they are not a part of the requested site plan application and are only intended to show the potential build out of the Town Center and its ability to meet the shared parking requirements. The use of the theater site will be submitted to the Town for development review at a later date, which could include a theater use, office use, retail use, restaurant use or a combination of any of the above. The land use intensities for the other parcels remain unchanged, with only the program associated with the theater site being modified in these studies. Build out Scenario 1, proposes a restaurant and additional office use on the theater site. The shared parking matrix, EXHIBIT H, includes 60,OOOsf of office and 5,OOOsf of restaurant in Phase fl, in place of the LOOo-seat theater. Because of the location of the buildings on the site to maintain the street edge frontage for pedestrian connectivity, an addition 91 surface parking spaces will be provided on the Phase If site. The results of this shared parking matrix shows that the proposed mix of uses would have a SURPLUS of 30 parking spaces in the afternoon (AM) and 381 parking spaces in the evening (PM). Build out Scenario 2, proposes to review the theater site as the original 30,OOOsf of retail that was converted to add the theater use to the Abacoa DR!. The shared parking matrix, EXHIBIT l, includes 30,OOOsf of retail use to the Phase II, in place of the 1,000 seats in the base parking matrix. The office land uses for the remaining parcels on the Phase II site are unchanged. The results of this shared parking matrix shows that the proposed mix of uses would provide a SURPLUS of 47 parking spaces in the afternoon (AM) and 264 parking spaces in the evening (PM). These examples are only two scenarios for the redevelopment of the theater site and are not part of the proposed site plan application approval. The changes to the theater seats to retail, office or a smaller theater permit a variety of uses to be targeted for that site in the future. As this use remains a target to be an anchor to the Town Center, the Town Center Subdistrict Master Site Plan maintains the use and approved entitlement until the site is submitted for a formal change. This will permit many different redevelopment programs to be submitted for development review including the ones illustrated above. RESERVED RESIDENTIAL PARKiNG The proposed Phase IV site plan provides a total of 810 parking spaces for the use of the development program and a portion of the required stadium parking. As permitted in the Shared Parking Agreement section 6 (dL "A maximum of one (I) space per residential unit within a proposed site plan may be reserved for the use of occupants of residential units..", However, the applicant is requesting approval to reserve only 217 spaces for use of residents use only. 114 of these spaces would be within the parking garages with the remaining 103 spaces provided by surface spaces on the site. The attached Exhibit K provides an illustration of the spaces proposed to be reserved as part of the site plan approval. In addition, 3 hour parking and 30 minute parking is proposed for those on-street parking spaces along -12 - Abacoa TC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Main Street. This will prevent overnight parking by residents and allow for the non-residential uses to have convenient parking. To ensure that the garages are used for vehicles and not storage, the applicant will include restrictions within each tenant lease that will prohibit a tenant from using the garages in this manner and allow for the management company to inspect the garages for compliance. ADDITIONAL PARKING In discussion with the stadium representatives and the County, it has been brought to our attention that although the Town Center is able to meet the parking demand as required in the Shared Parking Agreement there are occasions that the stadium is in need of additional parking. Exhibit F illustrates where the 2,020 parking spaces are generally located in the Town Center to meet its parking obligation. In addition to this the exhibit also identifies parking areas that may also become available during peak stadium demands, if agreements with the owners can be provided. These locations include: 180 spaces at the Town of Jupiter park site, 432 spaces adjacent to the 500 spaces the Town Center has reserved on the FAU site, 197 spaces to the east of the entrance of FAU off of Parkside Drive and 897 spaces in the Scripps parking lots. In addition to the location of other parking fields, the Town Center Master Association and the stadium are discussing the implementation of a game day parking plan that would assist in identifying available parking spaces throughout the Town Center. This is still being worked out but may include such items as way-finding signage, priority parking at certain locations, empty/full signage to alert of parking availability and reserved parking in certain parking garages. The County and the representatives of Jupiter Stadium are reviewing the data presented to them concurrent with the site plan application and will continue to develop an acceptable plan for all parties to agree on prior to the Town Council hearing. Town of Jupiter Recreation Parking In addition to the stadium parking demands, the Town Center also provides 200 of spaces within 1,350' from the center of the adjacent baseball cloverleaf. These spaces are provided to supply the baseball cloverleaf sufficient amount of spaces within close proximity to its intended user. The spaces are not in addition to the spaces required for the stadium but are subject to this proximity requirement. The distance is to be measured as a walking distance from the center to any available space. .. __ ~~ . The attached Exhibit J illustrates the location of 203 spaces that are within the 1,350' distance from the cloverleaf and would be available for public parking. This is not to say that only these spaces are permitted to be used for these fields but only to illustrate compliance with the requirement. There are 59 additional parking spaces adjacent to the required 200 and within an additional 350' of the cloverleaf, which are also be available for public parking. Patrons of the fields may also utilize all unreserved spaces in the same manner that baseball parking is available on a first come first serve basis. -13 - Abacoa TC IV CH# 11-0104.03 Site Plan Review October 29, 2012 Affordable Housing Element The applicant will abide by condition 134 of Resolution 44-09 (Abacoa DRI DO). A total of 270 of the 304 units will meet the affordability standards. The application includes 304 units of which 17 will be approved for non-residential uses in the future. Until these units are converted the 17 Loft units will be residential and be included in the overall 304 unit total. A total of 34 units, which were added to the TC Subdistrict through a conversion of retail land use will not be required to meet the affordability criteria. The remaining 270 units will meet the affordable criteria at the 120% range of the applicable Palm Beach County median family income for a minimum period of five years from the date of the certificate of occupancy. Architectural Style Elevations have been provided with this application for the rental apartment and town home buildings. The proposed elevations are in conformance with Chapter 25, Division 5, entitled "Architectural and community appearance standards" and the design guidelines approved for Dakota. The approved architectural style for the subdistrict is Anglo Caribbean. Comprehensive land Use Plan (ClUP) consistency The proposed development is in conformance with the Future Land Use element of the CLUP, specifically Policy 1.3.10 relative to the Mixed Use land use of the Future land Use Element of the Town's Comprehensive Plan. Site Plan Criteria The town code contains minimum criteria for review of all development applications. Upon review of the 12 criteria in Section 27-96, we find that we have satisfied all of the criteria. Sec. 27-96. - Criteria for site plan review. (1) The proposed development is consistent with the goals, objectives and policies of the Town ofJupiter Comprehensive Plan. The project is consistent with the Town's Comprehensive plan. The proposed development is consistent with the Mixed Use goals as well as the affordable housing goals of the plan. Additionally the project meets all of the LOS requirements of the plan and is being developed where services are readily available to the site. {2} The proposed development is consistent with any applicable, countywide land development regulations. The project is consistent with all the applicable countywide land development regulations and will abide by any other permitting or licensing regulations by the county. The proposed entitlement has been allocated to this site and has been analyzed through the Palm Beach County traffic performance calculations on a site specific basis, and meets the criteria as discussed in the traffic report included herein. {3} The proposed development is consistent with all applicable land development regulations and all other portions of this Code. The project is consistent with all sections of the zoning code; all lot dimensions have been met, as well as open space, lot coverage, building height, density, sidewalks, landscape and parking requirements. -14 - AbacoaTCIV CH# 11-0104.03 Site Plan Review October 29, 2012 (4) The proposed development is compatible and/or consistent with the established or proposed character of a neighborhood or area. The proposed site plan is compatible with the surrounding development in the Town Center of Abacoa. The adjacent uses have a consistent zoning district (MXD) and future land use designation (Mixed Use). The property to the north has been developed as multifamily residential (Martinique), commercial and recreation to the east and south (Town Center I mixed use and Roger Dean Baseball Stadium). The town homes to the west, Charleston Court, have the same zoning and land use but is within a different subdistrict, Residential Neighborhood. All of the surrounding development is consistent and will compliment with the proposal herein. (5) The proposed development does not create or excessively increase traffic congestion or otherwise affect public safety. The proposed site plan will not excessively increase traffic or adversely affect public safety. The site is located within the Abacoa DRI where the proposed uses have been planned for a certain number of vehicular trips. Per the analysis within the traffic report included herein, there is no additional impact from the proposed program. Multiple sidewalks and crosswalks have been provided for pedestrians to travel within the site and to the neighboring sites. (5) There are adequate levels of service for public facilities, including, but not limited to, transportation, water supply, drainage and sanitation} available concurrent with the impacts of the development proposed by the application. As part of the overall DRI approval, there are adequate levels of service for transportation, water, drainage and sanitation in the immediate vicinity from the County, the Town, and Loxahatchee River District. This is discussed in more detail within the future land use map amendment application. (7) The proposed development does not significantly reduce light and air to adjacent properties. The proposed development does not reduce light or air to adjacent properties. The proposed buildings have ample setbacks from all occupied residential buildings to the north. Additionally the proposed heights of the buildings are consistent with the zoning district requirements. (8) The proposed development does not adversely affect property values in adjacent areas. The proposed development will have a positive affect on the surrounding property values in the adjacent areas. The site is currently vacant and only used for event parking. The proposed plan will increase the activity, and therefore value, of the Town Center area dramatically because the use will be permanent and theproperi:v V\fiIlJJeJmpr()vedarld maintained to increase renter clientele and to land new tenants for the commercial elements of their real estate. The applicant also hopes to provide a new beginning for the other parts of the Town Center that are currently built but remain vacant. (9) The proposed development would not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The proposed development will be an incitement to the improvement of adjacent properties. The Town Center is currently stagnant and requires a shot of adrenaline. The population proposed within the subject site will help provide the massing necessary to support the businesses within Town Center I and II. Once the businesses become successful again, the property management will most likely begin maintaining the property to the standard that the Town expects. -15 - Abacoa TC IV CH# 11-0104.03 Site Plan Review October 29, 2012 (10) The proposed development does not create noise or visual pollution. The applicant is not proposing a use that will create noise or visual pollution. The uses are residential and commercial in nature and will abide by all the Town's code regulations. (11)The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks. The subject site is urbanized and cleared of all vegetation. The adjacent parks will continue to be facilitated by the use of the shared parking between sites. (12) The proposed development provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking. The plan has been proposed with all of the required pedestrian amenities including benches, trash receptacles and bicycle racks. Conclusion The applicant is proposing a new site plan for Town Center IV of the Town Center Subdistrict. The applicant is excited about this new rental community, mixed use commercial uses and commercial office uses to be located within Abacoa, the Town Center, and the Town. The Applicant and the entire project team look forward to working with Staff to respond to any items or issues that might arise as a result of their review. - 16- Shared Parking Studies - Revised 112812 Exhibit A Town Center Phase 1- Approved uses Revised 11.28.12 Phase I Month of March· Weekdav Intensity Land Use Retali 64,698 Office (General) 61,999 Theatre 0 Restaurant 37,384Residential 413 Conf. Cntr. 0 Hotel 0 TOTAL Mld-Dav Hourlv Demand Peak Hour Land Use Demand Retail 181 248 Office (Genera) Theatre 0 Reataurant 396 Residential 723 Conf. Cntr. 0 Hptel 0 Parking Code Reouirement 259 248 0 Parkino Rata 4 per 1000sf 4 per1000sf 1 per 3 seats 11.76 per 1000sf 1.75 per unit> 1 per 85sf 1.25 oerRm,' 440 Month of March Ad'ustment 1.00 0.50 0.90 723 0 0 1669 1.00 1.00 Soaces 176 223 0 19B 434 0 0 1030 118 65 Percent 1.00 0.90 0.70 0.70 0.59 1.00 0.95 12 Noon Percent 0.97 0.90 0.30 0.50 0.60 1.00 0.3 Less 25% Captive Employee Marker Less 15% Captive Rooms & Residential- Peak Hour Demand 181 248 0 396 723 0 0 1548 0.70 1:00 PM 0.3 84B Percent 0.82 023 0.80 0.90 0.B5 1.00 0.7 Less 25% Captive Employee Market" Less 15% Captive Rooms & Residential- 107 7:00PM Soaces 149 67 0 356 614 0 0 1176 77 92 1007 Percent 0.89 0.07 0.90 1.00 0.94 1.00 0.75 Soaces 176 241 0 237 434 0 0 1087 118 65 905 1,376 1,483 surplus spaces! 6:00 PM Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 450 alioeation of stadIum spaces Total Mid-day Demand Total spaces provided Evenin!! Hourlv Demand Peak Hour Land Use Demand Retali 181 Office (General) 248 Theatre 0 Restaurant 396 Residential 723 Conf. Cntr. 0 Hotel 0 2:00PM Spaces 181 223 0 277 426 0 0 1108 118 64 926 8:00PM Soaces 161 17 0 396 679 0 0 1254 77 102 1075 Percent 0.87 0.07 1.00 1.00 0.96 1.00 0.9 Peak- 70= a"ocation of atadium spaces Total PM demand Total spaces provided -Source: City of Boca Raton requirement for Mizner Park Residential Units .. Source: Urban Land Institute, Shared Parking, 1983. - Source: Abacaa DRI internal capture. surplus spaces! Spaces 15B 17 0 396 694 0 0 1264 77 104 1084 1,014 450 1,464 1,483 19 'Note: PM excedes AM demand by more than 10%, thus 70 space reduction EmDIOVee Generators Land Use Retail Office (Genera) Restaurant lnn/Hotsl Employee Rata 2.5 per 1000sf 3.3 per 1000sf 9.9 per 1000sf 0;9 per Rm;- , Total Emplovees 162 205, 370 ------0 Hrly percentage 12:00 - 4:00pm 0.50 1.00 0.50 --1.00 -- - - - - Hrlyemployment 12:00 - 4:00pm 81 205 185 "-cO '---, Hrly percentage 6:00 - 8:00pm 0.50 020 0.50 - 1.00- 471 Development ProQram: Land Use Parking Spaces Retali Office (Genera) Theatre Reataurant Residential Coof. Cntr. Hotel NOTES. ADDroved land use ProDosed uses Town Center Site I Site II Sitelll&N Site V TOTAL 0 1,483 0 0 1,483 64,698 0 0 0 64,698 61,999 0 0 0 61,999 0 0 0 0 0 37,384 0 0 37,384 0 0 413 0 0 413 0 0 0 0 0 0 0 0 0 0 > Land use quantifies are per approved Phase I Land Uses, consolidated tc fit shared parking matriX. See approved sita plan data for further breakdown of land uses. , Hrly employment 6:00 - 8:00pm 81 41 185 --, 0 - oo-307 Shared Parking Studies - Revised 112812 ExhibitB Town Center Phase II~Approved & Phase II Month of March - Weekd av Intensity Land Use Retail 650 96,734 Office (General) Theatre 1,000 Restaurant 2,084 Residential 0 ConLCntr. 0 160 Hotel TOTAL Proposed uses Pari<ing Code Reoulrement 3 387 333 25 0 0 200 947 Pari<lnQ Rate 4 per 1000sf 4 per 1000sf 1 per 3 seats 11.76 per 1000sf 1.75 per unit' 1 per85sf 1250erRm.· Mid-Dav Hourlv Demand Peak Hour Land Use Demand Retail 2 387 Office (Genera) Theatre 167 22 Restaurant Residential 0 Conf. Cntr. 0 Hotel 190 348 0.90 0.30 0.50 0.60 1.00 0.3 0 0 190 50 11 0 0 57 Percent 0.97 0.97 0.70 0.60 0.60 1.00 Spaces 2 348 117 15 0 0 0.3 57 0.35 Percent 1.00 0.90 0.70 0.70 0.59 Soaces 2 375 117 13 0 0 67 573 119 10 1.00 539 119 9 412 468 119 9 341 Less 25% Captive Employee Mari<etLess 15% Captive Rooms & Residential- 2:00PM 1:00 PM Spaces 2 0.97 22 707 12 Noon Percent Peak Hour Demand 2 387 187 Month of March Adlustment 0.70 1.00 0.50 0.90 1.00 1.00 0.95 445 allocatIon of stadIum spaces Total Mid-day Demand Total spaces provided surplus spaces! 1,159 1,604 1,605 1 Evenrna Haurl1V Deman d Land Use Retail Office (General) Theatre Restaurant Residential ConL Cntr. Hotel Peak Hour Demand 2 387 167 6:00PM 8:00PM 7:00PM Percent 0.82 023 0.80 0.90 Soaces 1 89 133 22 20 0.85 0 0 0 1.00 0 190 0.7 133 377 Less 25% Captive Employee Mari<et55 Less 15% Captive Rooms & Residenlial20 302 Source. CIty of Boca Raton reqlllrement for MlZIler Pari< ResIdential UOIts .. Source: Urban Land Institute, Shared Pari<ing, 1983. *'"' Source: Abacoa DRI internal capture. Percent 0.89 0.07 0.90 1.00 Spaces 2 27 0.94 0 0 143 343 55 21 267 1.00 0.75 . 150 22 Percent 0.87 0.07 1.00 1.00 0.96 1.00 0.9 Employee Rate 2.5 per 1000s! 3.3 per 1000s! 9.9 per 1000sf 0.9perRm. Total Emolovees 2 319 21 Hrty percentage 144 1.00 12:00 -4:00om 0.50 1.00 0.50 Hrly employment 12:00 ·4:000m 1 319 10 144 474 Hrly percentage 6:00 • 8:000m 0.50 0.20 0.50 1.00 oeveopment p rogram: Land Use Parking Spaces Retail Office (Genera) Theatre Restaurant Residential Conf. Cntr. Hotel NOTES. Approved land use Site I Site II 0 1,605 0 650 0 96,734 0 1,000 0 2,084 0 0 0 0 0 160 Sitelll&!V 0 0 0 0 0 0 0 0 Proposed uses Site V 0 0 0 0 0 0 0 0 Parking: 1,477(GaragelFAU) + 128 on site & on street Retail: 650 in Hotel Olfic: 62,984 (84S) + 33,750 conf site Rest 2,084s! in Hotel Town Center TOTAL 1,605 650 96,734 1,000 2,084 0 0 160 27 167 22 0 0 171 388 55 26 308 allocation of stadIum spaces _ _~1:..:,1-:::5:;.9 _ Total PM demand 1,467 Total spaces proVlded...._......:1:;;,6;;:0;;:5_ _.., surplus spacesl. ._ _...;..138;.;;.._ _.... Employee Generators Land Use Retail Office (Genera) Restaurant Inn/Hotel Soaces 2 Hrty employment 6:00 • 8:000m 1 64 10 144 219 Shared Parking Studies - Revised 112812 Exhibit C Town Center Phase III - Approved uses Phase IV Month of March· Weekday Intensity Land Use Retail a Office (General) 30,000 Theatre a Restaurant a Residential a Coni. Cntr, a Hotel a TOTAL Mid-Oav HOU1V rl Demand Peak Hour Land Use Demand Ratail 0 Office (Genera) 120 Theatre a Restaurant a Residential a Coni, Cntr. a Hotel 0 Parkino Rate 4 per 1000sf 4 per l000sf 1 per 3 seats lL76 per 1000sf 1.75 perunit* 1 per85sf 1.25 perRm.* Parking Code Reouirement a '120 0 0 a a 0 Peak Hour Demand a 120 0 a a a a Month ·of March Ad'ustment 0.70 1.00 '0.50 0.90 1,00 1.00 0.95 120 120 12 Noon 1:00PM Spaces a 108 a a 0 a 0 108 25 0 Percent 0.97 0.90 0.30 0.50 0.60 1.00 0.3 Less 25% Captive Employee Mari<etLess 15% Captive Rooms & Resldential- 2:00 PM Spaces a 108 a a a a a 108 25 0 Percent 1.00 0.90 0.70 0.70 0.59 LOa 0.3 Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 Spaces a 116 a ° 83 83 allocation of stadIum spaces Tolel Mid-day Demand Tolel spaces provided surplus spaces! Eveninq Hourlv Demand Peak Hour Land Use Demand Retail a Office (General) 120 Theatre a Restaurant a Resldential a Coni. Cntr. Hotel a 6:00 PM 7:00PM Soaces 0 8 a a a a a 0 0 0 a '8 28 Less 25% Captive Employee Market5 S Less 15% Captive Rooms & Residentiala a 3 Z3 _ _ _",9",5 a1location of stadIum spaces 118 Tolel PM demand 'Source: city of Boca Raton requirement for Mizner Parl< Res. r-__l':i8~7_ _...,Total spaces provided - Source: Urban Land InstiMe, Shared Parkin9, 1983. L - _....6!1:::.._ _.l!.su;plus spaces - Source: Abacoa DRI Internal capture. ° Percent 0.82 023 0.80 0.90 0.85 1.00 0.7 Soaces 0 28 ° Percent 0.89 0.07 0.90 1,00 0.94 LaD 0.75 Tolel Emnlovees a 99 a a Hrty percentage 12:00 - 4:00pm 0.50 1.00 0.50 1.00 Hrty employment 12:00 • 4:00om a 99 a a 8:00 PM Percent 0.87 0.07 1.00 1.00 0.96 1.00 0.9 EmD!OYee- Generators Land Use Retail Office (Genera) Restaurant Inn/Hotel Employee Rate 2.5 per looOsf 3.3 par 1000sf 9.9 per 1000sf 0.9 oerRm. Hrty parcentage 6:00 - 8:00Pm 0.50 0.20 0.50 1,00 Development Program' ~roDOSed uses Anoroved land use Land Use Parking Spaces Retail Office (Genera) Theatre Restaurant Residential Coni. Cntr. Hotel NOTES. Site I 0 0 a ° 0 0 0 0 SIt6U 0 a a 0 0 a a 0 SitelU &IV 187 a 30,000 0 ° a a a SIt6V 0 0 a a a a a 0 Hrty employment 6:00·8:DDpm a 20 0 a 20 99 Town Center TOTAL 187 a 30,000 a a '0 0 a a a a 116 25 0 92 95 187 187 0 Soaces a 8 a a a a a 8 5 a 3 Shared Parking Studies - Revised 112812 Exhibit 0 Town Center Phase IV - Proposed uses Phase IV Month of March - Weekdav intensity Land Use Retail 14,790 Office '(General) 74,394 Theatre 0 Restaurant 0 Residential 259 Conf. Cntr. 0 Hotel a TOTAL Mid-Dav Hourlv Demand Peak Hour Demand 41 298 0 0 453 0 0 Land Use Retail Office (Genera) Theatre Restaurant Residential Conf, Cnlr. Hotel Parking Code, Reouirement 59 298 Parkino Rate 4 per 1oo0sf 4 per 1oo0sf 1 per 3 seats 11.76 per 1000sf 1.75 perunil" 1 per 85sf 1.25 perRm,· a a 453 0 a Peak Hour Demand 41 298 Month of March Ad'ustment 0.70 1.00 0.50 0.90 1.00 1.00 0.95 a 0 453 0 0 792 810 12 Noon 0.90 0.30 0.50 0.60 1.00 0.3 a 272 0 0 580 66 41 473 Lass 25% Captive Employee Market" Less 15% Captive Rooms & Residential- 2:00 PM 1:00PM Spaces 40 268 0 Percent 0.97 Percent 1.00 0.90 0.70 0.70 0.59 1.00 0.3 Soaces 41 268 0 a 267 0 0 Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 Soaces 40 289 0 0 272 a 577 66 40 471 allocation of stadium spaces Total Mid-day Demand Total spaces provided surplus spaces! Eveninc HourlY Demand Peak Hour Land Use Demand Retail 41 Office (General) 298 Theatre a Restaurant 0 Residential 453 Conf. Cnlr. a Hotel 0 6:00 PM Soaces Percent 0.82 34 0.B9 0.23 0.80 0.90 0.85 1.00 0.7 68 0 0 385 0.07 0.90 1.00 0.94 1.00 0.75 a Snaces 37 21 0 0 426 0 0 484 17 Percent Hrly percentage 6:00 - 8:000m 0.50 0.20 0.50 1.00 Hrlyemployment 6:00 - 8:ooom 18 49 0 488 Lass 25% Captive Employee Market" 17 Less 15% Captive Rooms & Residential58 64 413 403 _ _---:3;;1;;:6 allocation of stadium spaces 729 Total PM demand ·Source: City of Boca Raton requirement for Mizner Pari< Res. r-_......:8,.1;.-0_ _.,Total spaces provided .. Source: Urban Land Institute, Shared Parking, 1983. ....._ _81"':""_....I!surplus . spaces - Source: Abacoa DRI internal caplure. 0.87 0.07 1.00 1.00 0.96 1.00 0.9 Empioyee Rate 2.5 per 1000sf 3.3 per 1oo0sf 9.9 per 1000sf 0.90erRm. Total Emolovees 37 246 0 0 Hrly percentage 12:00 - 4:000m 0.50 1.00 0.50 1,00 Hrlyemployment 12:00·4:00om 18 246 0 0 264 Land Use Parking Spaces Retail Office (Genera) Theatre Restaurant Residential Conf. Cnlr. Hotel NOTES. Aooroved land use Site I Snell 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 Sitelll&IV 0 0 0 0 0 0 0 0 Pronosed uses Site V 810 14,790 74,394 0 0 259 0 0 a 0 68 Development Program' Town Center TOTAL 810 14,790 74,394 0 0 259 0 0 Retail: 14,790SF in Loft bldg. Office: 66,250 site 1 & 2 + 8,144 in Lofts Soaces 36 21 a 0 435 0 a 492 17 65 410 ...m""'ovee G-enerators Land Use Retail Office (Genera) Restaurant InnlHotel 0 8:00 PM 7:00PM Percent 0 601 66 41 494 316 810 810 Shared Parking Studies - Revised 112812 Exhibit E Town Center - Proposed Build Out All Phases Revised 11.28.12 AlL PHASES Month ofMa reb Weekda.v intensily Land Use Retail 80,138 Office (General) 263,127 Theatre 1,000 Restaurant 39,468 Residential 672 Conf. Gntr. 0 Hotel 160 TOTAL . Mid-Dav Hourlv Demand Peak Hour Demand 224 1053 167 418 1176 0 190 Land Use Retail Office (Genera) Theatre Restaurant Residential Conf. Cntr. Hotel ParkinQ Rate 4 per 1000sf 4 per1000sf 1 per 3 seals 11.76 per 1000sf 1.75 per unit' 1 per85sf 125 oer Rm.· Parking Gode Requirement 321 1053 333 464 1176 0 200 3547 Monll1 of March Adiustment 0.70 1.00 0.50 0.90 1.00 1.00 0.95 12 Noon Percent 0.97 0.90 0.30 0.50 0.60 1.00 0.3 1:00 PM Spaces 218 947 50 209 706 0 67 2186 327 114 1745 Less 25% Captive Empioyee MarketLess 15% Captive Rooms & Residential- Peak Hour Demand 224 1053 167 418 1176 0 190 3227 2:00 PM Spaces 224 947 117 292 694 0 67 2332 327 113 1892 Percent 1.00 0.90 0.70 0.70 0.59 1.00 0.3 Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 Reqwred stadium spaces Total Mid-day Demand Total spaces provided surplus spaces! Evenina Hourlv Demand Peak Hour Demand 224 1053 167 418 1176 0 190 Land Use Retail Office (General) Theatre Restaurant Residential Conf. Cntr. Hotel 6:00 PM Pencent 0.82 023 0.80 0.90 0.85 1.00 0.7 7:00PM Spaces 184 242 133 376 1000 a 133 2088 Less 25% Captive Empioyee Market153 Less 15% Captive Rooms & Residentiar170 1745 -Source: Cily of Boca Ralon reqUIrement for M<ZIler Park Res,denfial Units - Source: Urban Land Insti1ule, Shared Parking, 1983. -- Source: Abacoo DRI internal capture. Percent 0.89 0.07 0.90 1.00 0.94 1.00 0.75 8:00PM Spaces 200 74 150 418 1105 0 143 2089 153 187 1749 Percent 0.87 0.07 1.00 1.00 0.96 1.00 0.9 Employee Rate 2.5 per 1000sf 3.3 per 1000sf 9.9 per 1000sf 0.9 perRm. Total Emolovees 200 868 391 144 Hriy percentage 12:00 - 4:00om 0.50 1.00 0.50 1.00 Hrtyemployment 12:00 -4:00om 100 868 195 144 1308 Hriy percentage 6:00 - !l:OOom 0.50 0.20 0.60 1.00 Hrty employment 6:00 - 8:00om 100 174 195 144 613 . Development Program' Land Use Provided Spaces Retail Office (Genera) Theatre Restaurant Residential Conf. Cntr. Hotel NOTES: Soaces 195 74 167 418 1129 a 171 2153 153 195 18115 ReqUired stadium spaces _ _~2,,,,0;;20;;-_ _ Total PM demand 3,825 Total spaces provided 4,085 surplus spaceslr--"';2B~Of--..., EmoloYee Generators Land Use Retail Office (Genera) Restaurant InnIHotel Spaces 218 1021 117 251 708 0 67 2378 327 116 1935 2.020 3,955 4,085 130 APoroved land use Prooosed uses Town Center Site II Sitelll&1V Site V TOTAL Site I 1,605 187 4,085 1,483 810 80,138 64,698 650 0 14,790 30,000 263,127 61,999 96,734 74,394 1,000 0 1,000 0 0 37,384 2,084 39,468 a 0 413 a 259 672 a 0 0 0 0 a 160 160 0 a 0 Site II. Parking: 1,477 (Garage & FAU)+ 128 on sitelon atreet Retait 650 in Holel + 40K theater site Office: 62,984 (848) + 33,750 Con! site Restaurant 2,084sf in Hotel Site V; Parking: includes on-street adjacent 10 site • Site I land use quantities are per approved Land Uses, Retail: 14,790SF in Lofts consolidated to fit the shared parking matrix. See approved Office: 66,250 sites 1 & 2 + 8,144sfln Lofts site plan deta for further breakdown of land uses. Residential: Does not include TH or Loft units Shared Parking studies· Revised 112812 Exhibit G Town Center Phase I- Alternate Land Uses Phase I Month of March - Weekday intensity land Use 38,809 Retail 20,593 Office (General) 1,612 Office (Medical) 19,543 Frtness Theatre 0 37,384 Restaurant Residential 413 0 Conf. entr. Hotel 0 TOTAl Mid-Dav Houriv Demand Peak Hour Demand 109 82 8 49 0 Restaurant 396 Residential 723 Com. Cntr. 0 Hotel 0 Land Use Retail Office (Genera) Office (Medical) Rmess Theatre Parictng Code Requirement 155 82 8 96 0 440 723 0 0 150. Parklno Rate 4 per 1000sf 4 per 1000sf 5 per 1000sf 5 per 1000sf 1 per 3 seats 11.76 per 1000sf 1.75perunif' 1 per85sf 125oerRm.' Month of March Adiustment 0.70 1.00 1.00 0.50 0.50 0.90 1.00 1.00 0.95 12 Noon Percent 0.97 0.90 0.90 0.30 0.30 0.50 0.60 1.00 0.3 Peak Hour Demand 109 82 8 49 0 396 723 0 0 1366 Soaces 109 74 7 34 0 277 426 0 0 928 75 Percent 1.00 0.90 0.90 0.70 0.70 0.70 0.59 1.00 0.3 633 Less 25% Captive Employee Marl<et'" Less 15"% Captive Rooms & Residentiaf~ 2:00 PM 1:00 PM Soaces 105 74 7 15 0 198 434 0 0 75 65 693 Percent 0.97 0.97 0.97 0.70 0.70 0.60 0.60 1.00 0.35 Soaces 105 80 8 34 0 237 434 0 0 898 75 65 758 64 788 450 1,238 1,480 allocation of stadium spaces Total Mid-<lay Demand Total spaces provided sUrplus spaces! 242 Ev' entna HouIi1V Demand Land Use Retail Office (General) Office (Medical) Fitness Theatre Restaurant Residential Con!. Cntr. Hotel Peak Hour Demand 109 82 8 49 0 396 723 0 0 6:00 PM Percent 0.82 023 023 0.80 0.80 0.90 0.85 1.00 0.7 Less 25% Captive Employee Marl<etLess 15% Captive Rooms & Residential- 8:00 PM 7:00PM Soaces 89 19 2 39 0 356 614 0 0 1119 62 92 965 'Source: City of Boca Raton requirement for M'lZller Pari< Residential Units - Source: Urban Land institute, Shared Parl<inq, 1983, -- Source: Abacoa DRllntemal capture. Percent 0.89 0.07 0.07 0.90 0.90 1.00 0.94 1.00 0.75 Soaces 97 6 1 Percent 0.87 0.07 0.07 1.00 1.00 1.00 0.96 1.00 0.9 Soaces 95 6 1 49 44 0 0 396 396 694 679 0 0 0 1222 1239 82 62 102 104 1058 1073 Peak-70 1,003 450 allocation of stadium spaces Total PM demand 1,453 Total spaces provided 1,480 surplus spaces! 27 'Nole: PM excedes AM demand by more than 10%, thus 70 space reduction a - EmDlovee Generators Land Use Retail Office (General) Restaurant InnIHotal Employee Rate 2.5 per 1000sf 3.3 per 1000sf 9.9 per 1000sf 0.9 oer Rm, Total Emolovees 97 68 370 0 Hl1y percentage 12:00 -4:0Oom 0.50 1.00 0.50 1.00 Hoy employment 12:00 - 4:00om 49 68 185 0 302 Hoy percentage 6:00 • 8:00om 0.50 020 0.50 1.00 Development Program: Land Use Parkln9 Spaces Retail Office (Genera) Office (Medical) Rmass Thaatre Raslaurant Rasidential Con!. Cntr. Hotel NOTES. ADProved land use Site I Site II 1,480 0 36,809 0 20,593 0 1,612 0 19,543 0 0 0 37,384 0 413 0 0 0 0 0 Site HI & IV 0 0 0 0 0 0 0 PrOpOSed uses Site V 0 0 0 0 0 0 0 0 0 0 a 0 0 Town Center TOTAL 1,480 38,809 20,593 1,612 19,543 0 37,384 413 0 0 Hoy employment 6:00 - 6:00am 49 14 185 0 247 Proposed Bui!dout Program - Revised 112812 Exhibit H Town Center - Build Out Scenario 1 PhaseH Month of March· Weekday Intensity Land Use Retell 79,960 Office (GeneraQ 327,111 Theatre 0 Reataurant 43,662 Residential 672 ConI. Cntr. 0 Hotel 160 TOTAL Parking Code Requirement 320 1308 0 513 1176 0 200 3518 ParkinQ Rate .4 per 1000sf 4 per 1000sf 1 per 3 seats . 11.76 per 1000sf 1.75 peruni!" 1 Per 85sf 125 per Rm.' Month of March Adiustment 0.70 1.00 0.50 0.90 1.00 1.00 0.95 Peak Hour Demand 224 1308 0 462 1176 0 190 3360 M'd-O I av HourlvDemand Land Use Retei! Office (Genera) Theatra Restaurant Residenilal Cont. Cntr. Hotel PealcHour Demand 224 1308 0 462 1176 0 190 12 Noon Percent 0.97 0.90 0.30 0.50 0.60 1.00 0.3 1:00 PM Soaces 217 1178 0 231 706 0 57 Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 224 1178 0 323 694 0 57 2388 385 114 1889 Less 25% Captive Employee MarketLess 15% Captive Rooms & Residential- 2:00PM Soaoes Percent 1.00 0.90 0.70 0.70 0.59 1.00 0.3 2476 385 113 1978 .. additional stadIum spaces Total Micklay Demand Total spaces provided surplus spaces! Evenin<l Hourlv Demand PealcHour Demand 224 1308 0 462 1176 0 190 Land Use Reta, Office (General) Theatra Restaurant Residential Cont. entr. Hotel 6:00 PM Percent 0.82 023 0.80 0.90 0.85 1.00 0.7 Soaces 184 301 0 416 1000 0 133 2033 Less 25% Captive Employee Market169 Less 15% Captive Rooms & Residential170 1694 Source. City of Boca Raton reqlJlrement fur MIZner Park ResIdential Unils .. Source: Urban Land Insillute, Shared Parking. 1983. ... Source: Abacca DR! internal capture. 7:00PM Percent 0.89 0.07 0.90 1.00 0.94 1.00 0.75 . 8:00 PM Spaces 199 92 0 462 1105 0 143 2001 169 187 1645 Percent 0.87 0.07 1.00 1.00 0.96 1.00 0.9 .. Employee Rate 2.5 per 1000sf 3.3 per 1000sf 9.9 per 1000sf 0.90erRm. Total Emolovees 200 1079 432 144 Hrty percentage 12:00 - 4:00om 0.50 1.00 0.50 1.00 Hrty employment 12:00-4:DOom 100 1079 216 144 1540 Hrty percentage 6:00 - 8:00pm 0.50 0.20 0.50 1.00 Hrly employment 6:00 - 8:00om 100 216 216 144 Development Program' Land Use Parkin9 Spaces Reta, Office (Genera) Theatra Restaurant Residential ConI. Cntr. Hotel NOTES. Spaces 195 92 0 462 1129 0 171 2048 169 195 1684 additional stadlLJrn spaces _ _-;2.~02'20r-_ _ Total PM demand 3,704 Total spaces provided,...._.....:,4,:;,0,,8;:;,5_ _., surplus spacesl1. 36=1:.-_.....I Em rlDlovee Generators Land Use Retail Office (Genera) Restaurant Innl'rlotel Soaces 217 1269 0 277 706 0 67 2536 385 116 2035 2.020 4,055 4,085 30 AODroved land use Prooosed uses Town Center Site I Srrell She JII & IV She V TOTAL 1,483 1,605 187 810 4,085 64,520 650 0 14,790 79,960 65,983 156,734 30,000 74,394 327,111 0 0 0 0 0 36,578 7,084 0 0 43,662 413 0 0 259 672 0 0 0 0 0 0 160 0 0 160 Site II. Parking: 1,477 (Garage & FAU)+ 128 on site/on straet Retail: 650 in Hotel Office: 62,984sf G48+33,750 Conf+60,000 Theater Rest 2,084sf Rest in Hotel + 5K on theater Site V: Parking: includes on-street adjacent to site Retail: 14,790SF in Lofts Office: 66,250 srres 1 & 2 + a, 144sf in Loils Residential: Does not include TH or Loft unils 676 Proposed Buildom Program • Revised 112812 Exhibit I Town Center - Build out Scenario 2 Phase II Monlh of Man::ll· Weekdav Intensity Land Use Retail 159,960 Ollice (General) 267,111 Theatre a Restaurant 36,662 Residenlial 672 Coni CnlL 0 160 Hotel TOTAL ParKing Code Month of March Paridno Rate Reauirement AtflUSlment 4 per1000sf 4 per1000sf 1 per 3 seats 11.76 per tooOsf 1.75 per unit" 1 per65sf 125 oerRm.· 640 0.70 1.00 0.50 0.90 1.00 1.00 0.95 1wa 0 455 1176 0 200 Peak Hour Demand 448 1068 0 409 1176 0 190 = 3539 Mid-Oav HourlY Demand Peak Hour Land Use Demand Relail 448 Ollice (Genera) 1068 Theatre 0 Restaurant 409 1176 _ Reslderl!iaI Coni Cntr. 0 Hotel 190 12. Noon 434 962 0 2.05 706 0 fiT 2.363 354 114 1895 Less 25% Captive Employee -MarI<£!r Less 15% CapDve Rooms & Residerl!iar- 2:00PM 1:00 PM Soares Percent 0.97 0.90 0.30 0.50 0.60 1.00 0.3 Spaces 448 962 Percent 1.00 0.90 0-70 0.70 0.59 1.00 0.3 Percent 0.97 0.97 0.70 0.60 0.60 1.00 0.35 a 2.86 694 a fiT 2.447 354113 1960 Spaces _. additional sladium spaces Total Mid-day Demand Total spaces provided surplus spaces! Evemnc Hurl 0 lvDemand Peak Hour Land Use Demand 448 Relail Ollice (General) 1068 ~ 0 4D9 Reslaurant Residerl!iaI 1176 ConiCnlr. 0 Hotel 190 6:00 PM Percent 0.82. 0.23 0.80 0.90 0.85 1.00 0.7 Less 25% Captive Employee Marker Less 15% Gapllve Rooms & Residerl!iar- 6:00PM 7:00PM Soares 367 246 0 36B 1000 0 133 2114 178 170 1766 Percent 0.89 0.07 MO 1.00 0.94 1.00 0.75 434 1036 0 2.46 706 0 fiT 2.46B 354 116 21MB 2.020 4,D38 4,085 47 Spaces 399 75 0 409 1105 0 143 2131 178 187 1765 Percent 0.87 0.07 -1.00 1.00 0.96 1.00 0.9 Soaces 390 75 0 409 1129 0 171 2174 178 195 1801 addilianal sladium spaces _ _...;2.",0",2O~_ _ Total PM demand 3,82.1 Total spaces provided..-_ _4;:,fJ",B5;.-_... "Source: City of Boca Ralon requirement for ~ Part Residerl!iaI Units - Source: Urban Land InsliIute., Shared Parking, 1983. - Source: Abacoa DR! internal capWre. surplus spacesJL-_-=Z64:::"_--J EmDI_.. Generators Land Use Retail Office (Genera) Res\eurant lnnIHotel Employee Total Rate 2..5 per 1000sf 3..3 per 1000sf 9.9 per 100Gsf 0.9 Der RITL Emolovees 400 SS1 3B3 144 ~eYelopmentP1'OS/ram::==:::,-.= :.c~==~'~~ccCO'-= :::..-~ Land Use Parking Spaces Retail Office (Genera) iTheatre Restaurant Residerl!iaI Coni Cntr. Hotel NOTES: AttDroved land use Sile I Sile II 1,483 E>4,520 1,605 8O,B50 65,963 96:,734 36,578 413 2,OM 0 o o· a o 0 160 Hdy percentage 12.'00 - 4:00Pm 0.50 1.00 0.50 1.00 tidy employment 12.:00 - 4:00om 200 881 1st 144 1417 Hdy percentage 6:00· 6:00pm 0.50 0.20 0-60 1.00 Hdy employment 6:00 • 6:00om 200 176 191 144 712 =_,-,.__ •. ProDcSed uses Town Center 810 14,790 74,394- TOTAl 4,085 159,960 267,111 38,662 o o 259 672 o o 160 Site I!l & IV 187. o 30,000 o o o SileV o o o o Siiell: Parking: 1,477 (Garage & FAlI)+ 12.8 on sitelon street RetaJt esc in Hotal ... 80K fheaIer sile Office: 62,9M (G4S) ... 33,750 Canf sIIe Rest Z,084sf Roslin Hotel Sile v-. PaOOng: includes on-street aqjaoent 10 sile Retail: 14,79OSF in Lolis Office: 66:,250 sites 1 & 2. ... 8, 144sf in Lolis Residerl!ial: Does not include TH or Loft units ti D U'[ ~ I \ •~ = 11 ~ '" n '" if ~ I i ~ ~ ~ ~ ri-' Ctl >:> 1· " Jupiter, RDlida Exhibit K Restricted Parking " © G --...,.- @ , I I \ I I I Ii \ \\ !I I, \ !I " i .. ,., I \ I Ii ,I \ \'\ \ U) n ~ D ,- UT ~ ~ '" !.f ::= ~ Q) ~' ~ !{J Jupiter, Florida Exhibit L Temp. Grass Parking ATTACHMENT B ".-" ..0;-:-:---":::;-::,,,- ,'-::;;--:'.-: :":""-"~:~-':;: .. '--.:. --Artesa .... j Subject Site 1 . . . 1 inch equa. 025 m'", , Map Dowment F:lArt:Map_Projedsll1-D1C>I Alflance Residonlial 31712011 - UIO:DD PM Location Map Abacoa Town Center Abacoa Town Center tV Jupiter; Rorida Cotleur& Hearing 1!S4 Commen::e.l.ane . Su:Il:e 1 . Jupiter, FL . 33455 5Ei1..747Ji33£ . 5Ei-''LT4-1.t'ST7 ATTACHMENT C ATTACHMENT D I For office nse only - I .-=P-=-r0'-'Lje,-=-ct::-.c#~_______ . Disclosure of Ownership Interest - Property Town of Jnpiter Department of Planning and Zoning 210 Military Trail, Jupiter, FL 33458 Phone: (561) 741-2323. Fax: (561) 744-3116 TO: DIRECTOR OF PlANNING AND lONING, OFFICIALLY DESIGNATED REPRESENTATIVE OR HIS OR HER STATE OF FLORIDA TOWN OF JUPITER BEFORE ME, the undersigned authority, this day personally appeared RICHARD RENDINA , hereinafter referred to as ~Affiant," who being by me first duly sworn, under oath, deposes and states as follows: 1. Affiant is the [ ] individual or [x'] PRESIDENT/CEO [position e.g., president, partner, trustee] o'f ARIES LAND AQUfsmON, liC [name and type of entity-e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit ~A" (the ~Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with the Town of Jupiter. 2. Affiant's address is: 661 UNIVERSITY BOULEVARD, SurTE 200, JUPITER, FL 33458 3. Attached hereto as Exhibit ~B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Town of Jupiter policy, and will be relied upon by the Town of Jupiter in its ~i~n\v7f§:fi5) P4 1200145 flLANNIl\JG ci L.ONNING EXHIBIT "A" PROPERTY SEE ATTACHED LEGAL DESCRIPTIONS 3 LEGAL DESCRIPTION: PORTION OF TRACT TC4R -. A PARCEL OF LAND BEING A PORTION OF TRACT TC4~ AS SHOWN ON TIlE PLAT OF ABACOA TOWN CENTER PLAT NO.3, RECORDED IN PLAT BOOK 97, PAGES 157 THROUGH 165 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGlNNlNG AT THE NORTHWEST CORNER OF SAID TRACT TC4~ SAID CORNER ALSO BEING AT THE INTERSECTION OF THE soum RIGHT-OFWAY LINE OF CADES BAY AVENUE, A 60 FOOT RlGHT-OF-WAY SHOWN AS TRACT QQ ON SAID PLAT OF ABACOA TOWN CENTER PLAT 3 AND TIlE EAST RIGHT-OF-WAY LINE OF PARKSIDE DRIVE A 65 FOOT RIGHT-OF-WAY . S1{OWN AS TRACT R22 AND R23 ON ABACOA PLAT NO.1, RECORDED IN PLAT BOOK 78, PAGES 145 THROUGH 163 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, ALONG THE NORTH LINE OF TRACT TC4R AND THE SOUTH RIGHT-OF WAY LINE OF CADES BAY AVENUE, NORTH 58° 27'43" EAST, A DISTANCE OF 386.44 FEET TO THE NORTIffiAST CORNER OF SAID TRACT TC4~ SAID CORNER ALSO BEING AT THE lNIERSECTION OF TIffi SAID SOUTH RIGHT-OF-WAY LINE OF CADES BAY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF MAIN STREET A 60 FOOT RIGHT-OF-WAY SHOWN AS TRACT NN ON SAID PLAT OF ABACOA TOWN CENTER PLAT 3; THENCE, ALONG TIffiEAST LINE OF TRACT TC4R AND THE WEST RIGHT-OF-WAY LINE OF MAIN STREET, SOUTH 31°32'17" EAST, A DISTANCE OF 597.00 FEET; THENCE DEPARTING SAID EAST TRACT -LINE AND WEST RIGHT-OF-WAY LINE, SOUTH58~7'43"WEST,ADISTANCE OF 387.90 FEET TO A POJNT ON A CURVE ON THE WEST LINE OF TRACT TC4RAND THE EAST RIGHT-OF-WAY LINE OF SAID PARKSIDE DRIVE, SHOWN AS TRACT R23, SAID CURVE HAVING A RADIUS OF 362.50 FEET AND CHORD BEARING OF NORTH 28°58'04" WEST; THENCE ALONG THE ARC OF SAID CURVE, TIIROUGH A CEN1RAL ANGLE OF 05° 08'26", A DISTANCE OF 32.52 FEET TO A POINT OF TANGENCY; TIIENCE, CONTINUING ALONG SAID WEST LINE OF TRACT TC4R AND THE EAST RlGHT-OF-WAY LINE OF SAID PARKSIDE DRIVE, NORTH 31"32'1 T' WEST, A DISTA.."N"CE OF 564.52 FEET TO THE NORTHWEST CORNER OF TRACT TC4RAND THE POINT OF BEGINNING. CONTAINlNG 230720.45 SQUARE FEET OR 5.297 ACRES MORE OR LESS EXBIBITB DISCLOSURE OF ENTITY OWNERSHIP INTERESTS IN APPLICANT Each entity has the following address: 661 University Boulevard, Suite 200, Jupiter, FL 33458 CONTROLLED BY Marjorie C. Rendina or her Trost ARIES LAND HOLDINGS, LLC, a Florida limited liability company, Sale Member \ ARIES LAND EQUITY GP, LLC, a Florida limited liability company, General Partner * ARIES LAND HOLDINGS, LLLP, a Florida limited liability limited partnership, Sole Member \ ARIES LAND ACQUISITION, lLe, an Alabama limited partnership *Limited Partner Interest held by Marjorie C. Rendina or Trust I:ILEGAL\M1lster\A.BTOWN4\ResidetlliaI (20-10)\Owner Structure {for TOJ affidavit}.doc ATTACHMENT E RBACOA TOWtt CEttTER PHaSE IV SITE SPECIFIC TRAfFIC STODY PrlzparCld for NItP HOLDINGS, LLC PrllparCld by PINDEIt mOUTH8H COHSOLTIHG, I"C. Cqrtlflcalv of Authorization "umb'lr: 1989 1005 Vista Parkway, SUltll 111 Wnt Palm BClGch, FL 33411 (561) 296·9698 #PTC11-033 )UOll 18, 101 I Driveway Review Exhibit 3 provides the site access driveways and projected peak hour turning movements for Phase IV. The site has driveways on Main Street, Parkside Drive, Cades Bay Avenue, Stadium Drive, and Avenue "A". Based on the projected tum volumes, no additional turn lanes are required. The projected tum volumes on Exhibit 3 at the existing intersection of Avenue "A" and Main Street are based on the site traffic only. The Abacoa DRI/ADA Buildout Turn Volumes for Avenue /fA" and Main Street are provided in the Appendix. The Buildout Turn volumes are based on the model predictions in the DRI and indicate the need for an eastbound left turn [are on Avenue "A" at Main Street. The projected model volumes may be higher than actual turning movements, since the model does not take into account the various multiple access points and the smaller network of streets in the area. Refer to the letterfrom Yvonne Ziel Traffic Consultants in the Appendix, dated August 2S, 2002, to the Town of Jupiter, for the jJstification to eliminate this tum lane. The intersection of Avenue "A" and Main Street will be a four-way stop controlled intersection. Conclusion This site specific study shows that this site is within the approved DRI and that the driveways are appropriate for this development Report 7.J-{)336-:!6-7.J 2 [J I I o TONEY!PENNA DR. N,T,S, ~ oc o o o a ~ ~-' <l. t -< :;: w >oc < z -' ':J }- ~ ~ eJ -<: INDIAN CREEK PARKWAY o ~ ~ ~ :i ~ ~ ~ u FREDERICK SMALL ROAD LI1t1/iY SI; 'o" o w i DONALD ROSS ROAD I ABACOA TOWN CENTER PHASE IV I I 6-26-12 12-033 EXHIBIT 1 PROJECT LOCATION Ir:=1 ~ o L_ I o o,Q'C.S '31''1 I''-J'r\,\\J'L N.T.S, ~ ~ -S c ¢ s- J\ 7'J ~ V' ~ ~ "2. ~ fi"\ ~\~ ~\\ ~ W2LEGEND 23 (34) 816 - AM PEAK HOUR - PM PEAK HOUR - ADT 0[,/28111 11·0JJ ABACOA TOWN CENTER PHASE IV I EXHIBIT 3 PROJECT DRIVEWAY VOLUMES Ir::::l l!!5J I Attachment B !',J . PEAK FACTOR: ~ I I J I I I I I I I 10 55 DIRECT: LOCATION DEc D6 20115 4105 TOWN ~ RD & AVENUE A PEAK 2-WAY 24% 73% 3% PEAK DIR PEAK APP APP AM PM AM PM AM PM WRNS TURNS 52 6,108 NO YES 214 3fT{ 36'Yo 6 740 NO YES 26 48 63% g% 86% 7,310 YES 5% NO 475 256 123 66 L 13% 5% 15~' o 1% 1,890 YES NO 82% --- I I I I I I I PEAK orR PERCENT DAILY SB-RT 1 -TH 2 -LT 3 WB-RT 4 -TH 5 -LT 6 NB-RT 7 -TH B -LT 9 EB-RT 10 - TH 11 -LT 12 PLANNING & ZONING (M/"l -:5I: 2-47 9 fT{ 289 11 1 17 16 30 43 410 22. 23 221 12 16 9- 6 101 3 54 ATTACHMENT F -?? ... )4S 7.. C-J )) ~ { .' [Ri~CClE~'WlE[)) August 16, 2012 'epartment of Engineering and Public Works P.O. Box 21229 st Palm Beach, FL 3341&-1229 AUG 2 I' 2012 PLANNING & ZONING Ms. Elaine M. Palma Planning & Zoning Technician Town of Jupiter 210 Military Trail Jupiter, FL 33458 RE: (561) &84-4000 Th.X: (561) &84-4050 q / Abacoa Town Center - Phase 4 S Project #: 120707 i£2... J).. TRAFFIC PERFORMANCE STANDARDS REVIEW rl.}: s wwwpbcgov.com Dear Elaine: • Palm Beach County B=rd of County Commissioners Shelley \lana., Chair :ven L Abrams. Vice Chairman The Palm Beach County Traffic DMsion has reviewed the traffic statement for the proposed mixed-use project entitled Abacoa Town Center- Phase 4, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as foflows: Location: Municipality: PCN#: East side of Parkside Drive, south of Cades Bay Avenue, and 2 blocks south of Frederick Small Road in Abacoa Jupiter 30-42-41-23-07-020-0030, 30-42-41-23-07-02D- 0040 Karen 1. Marcus Paulette Burdick Existing Use: Proposed Uses; Burt Aaronson Jess R. Santamaria Priscilla A. Thylor County Administratnr Robert Weisman New Daily Trips; New PH Trips: Build-Out: Vacant 259 MF Residential Units (Apartments), 24 MF Residential Units (Townhomes), 14,600 SF General Retail, and 86,960 SF General Office 3,482 286 AM and 366 PM Year End 2018 .Based on our review, the Traffic Division has determined that the proposed mixed use development is located within the previously approved Abacoa DRI and therefore meets the Traffic Performance Standards of Palm Beach County. It is however suggested for the Town to assist the County in monitoring traffic operations at the following two intersections at which the proposed project is expected to have significant peak hour impacts: • Signalized intersection of Donald Ross Road with Parkside Drtve emphasis on SB approach. TPS database currently projects over 4DOvph SBR movements dUring the PM peak hour, while we this project shall add 50-1 OOvph to the movement Also keep in mind there are major changes planned for this location upon completion of the approved Briger DR!. • Un-signalized intersection of Central Boulevard with University Boulevard. No building permits are to be issued by the town, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Ru~es set forth in the Traffic Performar:rce Standards Ordinance. -An .Equal Dppartanity /dfinnaii1'e Action .Employer" @ printed on recyr:Ied paper ATTACHMENT G DATE EVENT Estimated Attendance Total Attendance for Event 1/23 -1/27 CardinaLs Legend Camp 1,250 per day 6,250 1/25 - 1/26 Jupiter Cruft Beers Festival 2,500 per day 5,000 Feb - March Spring Training 5,500 per day 19&,000 2/16 - 2118 Arti-Gras 40,000 per day 120,000 MarchiApril Seafood Festival 5,000 per day 10,000 414 or 4110 Wounded Warriors/AnquaII Boldin Foundation Charity Softball Game 5,000 5,000 414 - 417 Play At The Plute Palm Beach Classic 650 per day 2,600 150 per day 3,000 April - August N4BA 5/24- 5/27 Under Armour Memorial Day Classic 2,750 per day 11,000 5/24 - 5/27 Triple Cruwn Sports Memorial Day Classic 1,500 per day 6,000 6/7 - 6/11 Under Armour Southeast 3,500 per day 17,500 6/18 - 6/26 USA Baseball 17U Championship 2,900 per day 23,200 7/1 -7/5 Under Armour FU'ecracker Classic 4,000 per day 20,000 July Selective Recruiting 1,500 per day 10,500 7/25 - &19 Prospect Wire 3,500 per day 49,000 9/20 - 9/22 Under Armour Fall Classic 3,000 per day 9,000 September Enforcers Foundtrtion Charity Softball Game 2,500 2,500 October Kids Fest 4,000 4,000 10/24 - 10/28 Perfect Game World Wood Bat Championship 4,000 per day 20,000 10131- 11/3 NABA Florida World Series 2,200 per day &,800 November Feast ofLittle Italy 3,000 per day 9,000 11/2 - 11/3 Headfirst Baseball Camp 1,500 per day 3,000 ll/5 -11116 MSBL 2,500 per day 30,000 TOTAL ATI'ENDEES: 573,350 ATTACHMENT H the NRP group LLC The Allure at Abacoa Commercial Real Estate Marketing Goal: Lease Up of 17 Live-Work Units for Non-Residential Uses Strategy: Keeping an edge on the real estate competition is serious business and marketing plans are part of the process. Creative and innovative marketing techniques are important ingredients to successful leasing. The NRP Group employs a full-time marketing deparbnent that combines traditional property marketing methods with the newest technology to ensure that The Allure at Abacoa will receive the maximum exposure to qualified prospects. Initial leasing efforts for The Allure at Abacoa will b~ aggressive, however, efforts must continue beyond the initial lease-up period. Implementing a program which targets nearby employers and organizations that can refer residents and small businesses is essential. We will implement many, if not all, of the following methods: • Personnel - A professional, well-trained and courteous staff is essential for success and contributes favorably toward positive II word of mouthll promotion by existing residents. This promotes a large source of potential new residents. A properly trained and supervised staff is critical when implementing and maintaining an effective promotional program. A less than desirable financial performance is certain without it All site staff must be positive, proactive, and begin with the attitude that The Allure is the best property to live and work. • Internet technology - We will establish a property web site which will have the functionality of being able to select and view available loft units including floor plans and square footage. Units can be reserved online via computer or mobile device. In addition, a touch panel sc;r~en will be located in the leasing office ~ (J)~ ~~rc~TI~rE\Q) ,\)'1,\11 \ r ._ -. _~"1f,,1)""'\~ 1 Leasing staff will provide prospects with literature and set appointments to tour the property and complete the lease. Marketing materials should consist of the following: o Sell sheet with interior/exterior photos along with property description and contact information o Area amenities such as school and day care centers, shopping, public transportation, medical and fitness facilities o Site maps and area demographics (See attached site plan) o Postcards with a photo and property information o Color brochures describing the property o Postcard magnets - these mailers are like two marketing messages for the price of one. o Property information is printed on the postcard and the magnet is a reminder of your business and contact information o Printed presentation folders to hold information and documents o Sales letter • Organization Resources - NRP is a member of the Chamber of Commerce. Membership affords a wealth of information and avenues for business development and community outreach. Other orgaruzational resources would include the State Department of Economic Development and National Association of Real Estate Investors. • Pre-Leasing Sign - To be installed 3 months prior to completion of first building. The sign provides an off-site telephone number to respond to inquiries. This is an excellent way to build a prospect list for leasing. The Regional Property Manager will carry the off-site phone and respond to inquiries until which time site staff are in place. • Signage - Clean, bright and professional signage that can easily be seen at the property is an important selling tool when leasing commercial property. Signage will include the contact phone number and web site and be placed on the inside of the windows of those units, as well as external signage and would meet town code. Examples of both external and window signage: 3 issue the first press release during construction and approximately every 45 days prior to release of the first building. • RealtorsfLocators - Locators can sometimes be a source of prospects, especially during the initial lease-up of a new community. Initially we will want to wait 30 days into lease up before visiting locators, communicating regular construction updates, personally visiting their offices, and holding a locator luncheon. After construction is complete, contact will be maintained on a limited and II as needed" basis. Locators are sometimes a good source of traffic. However, their services will be utilized only to complement and not replace it • Billboard Advertising - This may be considered based upon location to drive traffic to the property. 5 ATTACHMENT I Resident Parking Addendum The Allure at Abacoa Apartments, grants a permanent parking decal number _ _ _ _ _ _ _ _ _ _ _ _ to . This permits the above Resident to keep the below described vehicle at Abacoa Apartments/Townhouses, located at (address) for the duration of Resident's Lease Agreement. This permission is snbject to the following rules. 1) Each apartment is entitled to one parking decal per vehicle with a maximum of two decals per apartment. 2) Decals will either be for a surface parking spot or a garage parking spot. Tenants must park in the area assigned by their decal. See decals attached. 3) Two residents of a single apartment can register their respective cars on the application for the onsite parking decals, but only two decals will be issued per apartment. 4) In order to obtain a permanent parking decal your name must appear on the vehicle registration and on the Lease Agreement. 5) Abacoa management will not be responsible for charges, :.fines, or towing expenses incurred with vehicles parked in areas not designated as resident parking. 6) No vehicle without a permanent parking decal issued by Landlord or its Agent will be allowed to park in the spaces designated as resident parking. 7) Commercial vehicles, boats, trailers and campers are not allowed to be parked on or near the premises. 8) Tenant renting garages are strictly prohibited from using garage as storage facility or impede the ability to park within the garage. 9) Any vehicle that is parked on the grass, mulched areas or any other illegal parking area will be towed at owner's expense. 10) The speed limit in the garage or parking area is 1Omph. Vehicle 1 Resident Name: Apartment #: Vehicle make: Vehicle model: Vehicle color: Vehiclevear: License Plate #: State: Vehicle 2 Resident Name: Apartment #: Vehicle make: Vehicle model: Vehicle color: Vehicle vear: License Plate #: State: PLEASE REMEMBER THAT YOU MUST PARKIN THE ASSIGNED RESIDENT AREAS. FAILING TO DO SO WILL RESULT IN YOUR VEHICLE BEING TOWED AT YOUR EXPENSE! Property Manager: Resident: Resident: _ ~Date: IRi ~(C~ ~~~ {Q) Date:_____ Date: _ j / (\ \'J NOV 19 2m2 ",(\"," \V"" PLAN.NING & ZONNING t~ \ ATTACHMENT '-J. J ::..... ,-- ~ 22 9/16" ST)! ~D IUM PAF t~ ING Z2 9/16" RES II: ENT PAF ~~ ING 0 N.Y IiIo... I"'" ~ "' J--15 1/16,,--1 COLORS: TEXT = GREEN BORDER = GREEN BACKGROUND = WHITE COLORS: TEXT = GREEN BORDER = GREEN BACKGROUND = WHITE ~ 3 31~ 22 9/16" Mit ~l TE PAF ~~ ING zz 9/16" rttPUR FA~KING ViOl ~' ORS WI L BE TOVI E)OR TIC ETED .,j COLORS: TEXT = GREEN BORDER = GREEN BACKGROUND = WHITE COLORS: TEXT =GREEN BORDER = GREEN BACKGROUND = WHITE [R1~(GrE~'¥~rr5):\ NOV l' jA 2012 1; ., 7 L- j ·S· i ~ If '-'j f PLANNING & ZONNI"'r.: ~cot1eur& Hearing 1934 Commerce Lane . Suite 1 . Jupiter· Florida' 3345B 561.747.6336' Fax 56i.747.13n . Uc.# LC-COOO23.9 Landscape Archjte....~ I Land Planners I Environmental Consultants wwv..'.cotleurhearing.com Abacoa Town Center IV Parking Signage Exhibit DESIGNED DAAWN APPROVED JDBNUMBER DATE REVISIONS DEH RW DEH lHllM.03 U-19-12 Jupiter, Florida N~ Ul, 2012 11:t9131 Cl.m. Drown;: SIGN fXHIBtT.DV!'G ATTACHMENT K Phone (561) 689-3500 Fax (561) 689-2876 1Rnigbt~letttic ~ompan!" JInc. Jeffrey B. Knight John A. Lowen Qelcrtrical !!Contractors 2610 Old Okeechobee Road W. P. B., FL 33409 EC 0000118 February 11, 2013 IRi ~CCIE nWl~ IfJ) Charleston Court Abacoa in c/o Bristol Management (561) 262-2597 f 1 2813 .)LANNlNG& l'ONiNRNG Attn: Lindy Savage Re: Light Posts Dear Lindy, The following is a proposal to provide labor and material necessary to perform the electrical scope of the work at the above referenced location: The price for the above work is: $ 10,428.00 Qualifications & Exclusions: 1) 2) 3) 4) 5) 6) 7) 8) Provide and install (2) 12ft. fiberglass light posts and (2) 175 watt post mounted light fixtures. Provide and install (1) %" sch 40 underground conduit with (3) #10 THHN wires. Includes (255 linear feet) trenching and backfill. Includes (2) brooks boxes (underground splice box). Includes connection to existing light pole circuit. Assumes existing street light circuit is adequate for connection of additional load. An electrical permit and associated engineering is included in this proposal. The above scope of work is proposed as being performed during normal business hours (Monday through Friday, 7:00am to 5:00pm). This price is valid for a period of thirty (30) days from the date of this proposal. Please advise if we are to proceed with this work. Thank you for the opportunity to bid this job. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Frank Mesa, Service Manager KNIGHT ELECTRIC CO., INC. * III connection with any litigation arising from or relating to this agreement, the prevailing party shall be entitled to recover fwm the other party its attorneys fees and costs, induding attorneys fees and costs for any appellate proceedings. Each party to this agreement irrevocably submits to the exclusive personal jurisdiction of the courts of the State af Florida and the venue of the courts in Palm Beach County, Florida. Each party agrees that the Circuit Court for the Fifteenth * judicial Circuit in and for Palm Beach County shaH be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Contract, including any claims based upon statute, common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non-convenient grounds. QUALITY WORK CONSTRUCTION MAINTENANCE REPAIRS RESOLUTION NO. 13-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA APPROVING A SITE PLAN AUTHORIZING THE DEVELOPMENT OF APPROXIMATELY 14.4 ACRES CONSISITNG OF OFFICE USES WITHIN TWO BUILDINGS AND RENTAL APARTMENTS WITH GROUND FLOOR FLEX SPACE FOR COMMERCIAL RETAIL/OFFICE USES ON MAIN STREET, (TRACTS TC-3R AND TC-4R) EAST OF PARKSIDE DRIVE AND SOUTH OF CADES BAY AVENUE WITHIN TOWN CENTER OF THE ABACOA DEVELOPMENT OF REGIONAL IMPACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Aries Land Acquisition, LLC. (the Owner) owns approximately 14.4 acres of property, the legal description of which is contained in the attached Exhibit “A” which is incorporated herein (the subject property); and WHEREAS, the subject property is located east of Parkside Drive and South of Cades Bay Avenue within the Town Center of the Abacoa Development of Regional Impact (DRI); and WHEREAS, Cotleur & Hearing, Inc. as the authorized agent (the Applicant) for the Owner has submitted an application for a site plan to construct R# 13-13 Page B rental apartments and commercial retail and office flex space (the Application); and WHEREAS, the Jupiter Planning and Zoning Commission has reviewed the Application and has recommended approval of the Application to the Town Council; and WHEREAS, the Town Council conducted a public hearing to consider the Application; and WHEREAS, at this hearing, the Town Council considered the evidence presented by the Town Staff, the Owner, the Agent and other interested parties and members of the public regarding the Application’s consistency with the Town’s Comprehensive Plan; and WHEREAS, at this hearing, the Town Council considered the evidence presented by the Town Staff, the Owner, the Agent and other interested parties and members of the public regarding whether the Application meets the Town’s Land Development Regulations, specifically Sections 27-96 of the Town Code; and WHEREAS, the Town Council has determined that the conditions incorporated in Section 3 herein are necessary in order for the Application to be consistent with the Town’s Comprehensive Plan and to meet the Town’s Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF JUPITER: R# 13-13 Page C Section 1. The whereas clauses are incorporated herein as the findings of fact and conclusions of law of the Town Council. Section 2. The Town Council hereby approves a site plan for the subject property subject to the conditions described in Section 3. Section 3. The use of the subject property is subject to the conditions below: 1) General. The Owner shall install all improvements in compliance with the following plans/drawings: a) Site Details and Plan, referenced as sheets “1 of 4 thru 4 of 4", dated 11/19/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. b) Landscape Details and Plan, referenced as sheets “1 of 3 thru 3 of 3", dated 11/19/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. c) Parking Garage Exhibit (Exhibit J), Restricted Parking (Exhibit K), Temporary Grass Parking (Exhibit L), Town Center II Theater Site Concept Plan (Exhibit M), dated 11/13/12 and 11/15/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 12/05/12. d) Architectural Elevations and Color Board, referenced as sheets cover sheet, “A-2.1.4”, “A-2.2.5”, “A-2.2.5A”, “A-2.2.5B”, “A-2.3.1”, “A-2.4.1”, “A-3.1.1”, “A-3.1.3”, “A-3.2.1 thru A-3.2.3”, “A-3.2.1A R# 13-13 Page D thru A-3.2.2B”, “A-3.3.1”, “A-3.3.2”, “A-3.4.1”, “A-3.4.2”, “A-4.2.1 thru A-4.2.5”, GA-3.1 thru D-1” and “C-1 thru C-3” dated 11/19/12, prepared by MSA Architects, received and dated by the Department of Planning and Zoning on 12/05/12. e) Statement of use, dated 10/29/12, prepared by Cotleur & Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/29/12. f) Traffic statement, dated 06/28/12, prepared by Pinder Troutman Consulting, Inc., received and dated by the Department of Planning and Zoning on 07/11/12. 2) The uses conducted on the subject property shall conform to the representations in the Statement of Use received and dated by the Department of Planning and Zoning on 10/29/12. 3) Any revisions to the site plan, landscape plan, elevations, signs, Statement of Use or other details submitted as part of the Application, including but not limited to the location of the proposed improvements or additional, revised or deleted colors, materials, or structures, or changes to how the use operates, shall be submitted to the Department of Planning and Zoning (hereinafter the Department) and shall be subject to it’s review and approval. 4) Any condition associated with the submission of the final plans shall be subject to the Department’s review and approval. R# 13-13 Page E 5) The conditions of approval herein shall apply to the Owner, Applicant and their successors and assigns. 6) Upon the submission of the final plans, the Statement of Use shall be updated to provide consistency with the conditions. 7) Office Building Sites. Upon submittal of the final plans and prior to the issuance of any development permits, the Owner shall remove the Site I and Site 2 office allocation from the Site Plan and place a note on the Site Plan indicating the area as future commercial. Prior to individual site plan approval for the vacant parcel located in Phase IV (Parcel 1, Plat No 2), the owner shall submit an overall conceptual plan of Phase II and Phase IV that provides active uses (retail, restaurant and/or theater on the ground floor) which complements the stadium and hotel. The proposed plan/use in Phase II and IV must be brought to the Town Council for a conceptual review. 8) Site plan. Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall revise the Site Plan to: a) Revise the five live/work units to be commercial uses. The allocation should be retail or office, similar to the other loft units. b) Align the north-south crosswalks across the drive south of the Type II and IIA building, with the sidewalks along Main Street instead of aligning closer to Main Street. In addition, relocate the R# 13-13 Page F access drive stop bars such that they are 4 feet behind the new crosswalk location. c) Provide details of the proposed columns and trellis to be used as a street edge along Parkside Drive. d) Note the location of the parallel parking spaces that are being added and those parking spaces to be removed. e) Construct a parallel parking space along the east side of Stadium Drive north of Cades Bay that meets ADA requirements. Alternatively, the Owner shall contribute monies to the Town for the Town’s actual cost to perform the work. f) Upon the submission of the final plans and prior to the issuance of any development permits, the Owner shall revise the site details for the temporary grass parking plan to: (1) Label the grass parking areas “Stabilized Grass Parking” for vacant lots in Phase IV. (2) Delete the turnout shown from Avenue A to the northwestern grass parking area. (3) Define the parking areas by using bollards, ropes or other means to prevent vehicles from driving over curbs or into the drainage areas. (4) Define the pedestrian ingress-egress points from the parking areas to the perimeter sidewalks and the routes shall be stabilized and well defined. R# 13-13 Page G (5) The existing ADA parking signage on existing grass parking area shall be removed from the site. (6) The access to Site 1 and Site 2 shall be from Main Street, and the turnouts shall be improved from the roadway pavement into the site at least 4 feet past the limits of the Main Street public sidewalks. g) Note that the angled parking spaces along Main Street shall be developed using 6” thick concrete. h) Note that the grass parking lots located on Site 1 (132 spaces), Site 2 (126 spaces) shall have access from Main Street and the theater property (208 spaces) is accessible to accommodate grass parking. 9) The Owner shall ensure that any gates proposed for the open space, located between Buildings 3 and 4 (west of Main Street), remain unlocked and provide a sign indicating the sidewalks are for the public’s access. 10) Stadium Parking. Prior to the issuance of any development permits, Aries Land Acquisition, LLC., its successors and/or assigns, shall meet the terms and conditions of the Use Agreement between Florida Atlantic University (FAU) and Aries Land Acquisition, LLC (Aries) for use of not less than 500 paved parking spaces on FAU’s Abacoa campus. Thereafter, said Agreement shall remain in effect unless and until otherwise agreed in writing by Jupiter Stadium, LTD and Palm Beach County. R# 13-13 Page H 11) Prior to June 1, 2013, a Parking Control Plan (or equivalent plan), that is acceptable to Palm Beach County and Jupiter Stadium, LTD, shall be submitted for review and approved by the Town of Jupiter Town Council. The applicant shall coordinate and develop the Parking Control Plan with Palm Beach County; Jupiter Stadium, LTD; the Abacoa Property Owners’ Assembly, Inc.; Abacoa Town Center Phase I Property Owners Association, Inc.; and the Abacoa Town Center Master Property Owners’ Association. The Parking Control Plan shall be approved by the Town of Jupiter Town Council and shall be implemented prior to the first spring training after construction commences. In addition, The Parking Control Plan shall include way finding signage to clearly identify and direct patrons to available stadium spaces, and clearly identify approved reserved parking throughout the Town Center. 12) Prior to the issuance of a development permit, the Owner shall graphically illustrate to the satisfaction of the Town the locations of no less than 2,020 parking spaces that will be available, consistent with the parking agreements, for use by the stadium. 13) Prior to the issuance of a development permits for any residential or loft unit, the Owner shall submit leasing documents that: a) Prohibit the use of any garage in a manner that would impede the ability to park therein the number of vehicles for which any garage is designed and intended; R# 13-13 Page I b) Develops a system that prohibit more than two vehicles per unit from being parked in the Town Center at any given time; c) Identifies enforcement measures for compliance with the approved parking program; and, d) Implement a permitting program with consequences in the event of infractions. The leasing documents shall be finalized and approved by the Department prior to the issuance of any Certificate of Occupancy (CO). Thereafter, compliance with the approved leasing documents shall be required at all times. Any [failure to enforce terms] therein shall constitute a violation of the development order . 14) All written leasing brochures, leases , Master Plans and related Site Plans for the residential phase shall include a disclosure statement providing notice that surface parking spaces on the property are for the joint use of lessees, visitors, employees and patrons (unless noted as reserved on the approved site plan). Copies of the documents shall be submitted for review and approval by the Department prior to the issuance of any development permits 15) Parking. Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall revise the “Residential Parking Addendum” as follows: R# 13-13 Page J a) To implement an enforcement program that prohibits residents from parking in the 3 hour or 30 minute parking spaces on Main Street which are designated as such on the approved site plan . b) Revise the permitting program to note that the three hour parking restrictions on Main Street is to be suspended during Spring Training games and provide information on how this will be implemented. c) No residential garage spaces shall be leased to commercial tenants. d) The parking permitting program shall prohibit tenants with garage spaces from parking in any other spaces in Phase IV, including adjacent on-street spaces. 16) Architecture. Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall submit to the Department the name of the manufacturer of the proposed roof tile. 17) Signs. Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall submit to the Department a sign plan indicating: a) The signage proposed for both the commercial and residential uses. b) The location of signage related to stadium parking including signage that indicates the location of parking for the public. R# 13-13 Page K c) The location of the signage indicating the area only for residential parking. The approved signage shall be installed prior to the issuance of the first certificate of occupancy. 18) Affordable Housing. The Owner shall provide: a) 270 of the rental units shall remain affordable, at the 120% range of the applicable West Palm Beach-Boca Raton Metropolitan Statistical Area (MSA) median household income, for a period of five years from the date of the issuance of a Certificate of Occupancy for that unit. b) Upon the submission of the final plans, the 270 rental units shall be designated as rental units and as affordable housing. c) The Owner shall be subject to the Department’s approval regarding the annual maximum rent for all 270 rental units. The Department shall be guided by the adopted Affordable Housing Index Rental Worksheet, to be effective from July 1st through June 30th. d) The 270 rental units shall be a mixture of one-bedroom, twobedroom and three-bedroom units. The one-bedroom units shall utilize the West Palm Beach-Boca Raton MSA median household income for a household of 1.5 persons to establish a maximum rent; two-bedroom units shall utilize the West Palm Beach-Boca Raton MSA median household income for a household of 3 R# 13-13 Page L persons; and the three-bedroom units shall utilize the median household income for a household of 4.5 persons. e) The Owner shall prepare an “Affordable Housing Program” for the Town Center Phase IV development, which provides the Town with a detailed written annual report summarizing all rental information for each the 270 rental units during the previous year. f) The annual report shall be submitted to the Department no later than May 15th of each year for five years from the date of the last Certificate of Occupancy issued for the 270 affordable units. g) Prior to the issuance of any development permits for any of the affordable housing units, the Owner shall submit the Affordable Housing Program worksheets to the Department for its review, comment, and approval. 19) Engineering and platting. Concurrent with the submission of engineering plans, the Applicant shall submit an application for plat review application and include: a) A land subdivision Letter of Credit valued at 110% of estimated cost of the infrastructure improvements proposed under this project. The surety value does not cover or include the vertical construction elements of the project. The plat shall be approved by the Town Engineer and the subdivision surety shall be received prior to issuance of a development permit for the subject property. R# 13-13 Page M b) Dedication of a public sidewalk easement for any portion of the public sidewalk along Main Street, Avenue A, Stadium Drive, Parkside Drive or Cades Bay Avenue that lies outside of the rightof-way. c) Dedication of a public access and parking easement for any portion of the angled parking along Main Street that lies outside of the platted right-of-way. The plat, once approved by the Town Engineer, will require the Town Council’s approval prior to its execution and recordation by the Town. 20) Miscellaneous. Any change to the type of ownership from rental to condominium or fee simple ownership shall be subject to the review and approval by the Town Council. 21) The Owner shall implement the marketing plan entitled “The Allure of Abacoa Commercial Real Estate Marketing” to promote commercial occupancy in the loft units. 22) Prior to the issuance of the first Certificate of Occupancy, the Owner shall install two, 2-inch conduits, pull wire, and markers along Main Street and Parkside Drive property frontage for future installation of fiber optic cable in accordance with the Town’s Outside Plant standards. Upon the construction of future phases , the conduit along the frontages shall be installed at that time (Avenue A and remaining portions of Main Street and Parkside Drive that are not part of this approval). R# 13-13 Page N 23) Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall pay all the impact fees for the 17 lofts at the residential rate, except for the road impact fees from Palm Beach County and the Town, which shall be paid at the commercial rate for the approved retail and office square footages. 24) The placement of any type of vending machines or units which dispense food, beverages, candy, merchandise, products, goods, handbills, or advertising magazines outside the confines of the principal structure on the exterior portions of the subject property within public view, is prohibited. 25) Within 60 days of the approval of the site plan, and prior to the issuance of any development permits, the Owner shall execute a formal water service agreement. 26) Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall provide a Hold Harmless agreement for portions of the north end of the development in which improvements (such as Landscaping) may conflict with drainage easements. 27) Upon submittal of the plat for the subject property, the Owner shall establish a public access easement overlying the east-west access drives between Parkside Drive and Main Street as well as from Stadium Drive to Main Street that directly abuts the future office building phases. The dedication shall provide for public access, which facilitates access to the R# 13-13 Page O future office building properties. The Owner shall be responsible for maintenance responsibility of the easement. 28) Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall ensure the three new street trees planted along Stadium drive are re-located elsewhere onto the site and not placed in the public right-of-way.. 29) Upon the submission of the final plans and prior to the issuance of any development permits, the Owner shall provide funds to the Town to be used for the installation of pedestrian light fixtures at Charleston Court. Section 4. Should any section or provision of this Resolution, or any portion thereof, and paragraph, sentence, or word, ever be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portion of this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. Attachment: Exhibit "A" - Legal Description K:\Staff\WP51\PROJECTS\ABACOA\Town Center\Phase 5 (2012 last phase) PZ 12-145\Res 13-13.doc February 14, 2013