CRP-06-01 R2/13-97500005 Citibank Temporary Drive-Through 700-998 South Federal Highway

The Via Mizner property is approximately 6.8 acres in area and is situated on the north side of Camino Real, east of Federal Highway and west of and adjacent to the golf course for the Boca Raton Resort and Club. The parcel is located in Subarea E of the Downtown Development of Regional Impact (DDRI) with a compatible Comprehensive Plan Future Land Use designation of Central Business District (CBD). This application does not impact the total Via Mizner office equivalent development which resulted in approximately 101 ,628 square feet of office equivalent development remaining in Downtown Subarea E.

PROJECT DESCRIPTION

As noted earlier in this report, the existing Citibank bank and its associated drive-through facilities, consisting of two (2) unmanned automated ATMs and a by-pass lane, will be demolished pursuant to approval of the Via Mizner IDA. To accommodate the bank's existing customers during construction of the Phase I mixed-use building, the Applicant proposes to construct a temporary drive-through facility for Citibank, consisting of two (2) unmanned automated ATMs in the northeast corner of the site. No improvements pursuant to the Via Mizner IDA are proposed in the area where the temporary drive-through facility will be located.

The requirement for open space, is 35.49 percent. The amended site plan provides for 107,203 square feet or 36.19 percent o( the site to be maintained as open space which is a slight reduction from the previously provided open space calculation of 38.11 percent. The slight reduction in open space is directly attributable to the addition to the temporary drive-through and ATM facilities.

Vehicular access will be prb~ided via three (3) driveway connections to Federal Highway: one right-out only minor driveway, one full access intermediate driveway and one right-in/right-out intermediate driveway. Vehicular access for all construction activity will also be provided via one (1) full access driveway connection to Camino Real. No adverse impacts to site access, traffic or the surrounding roadway network are anticipated by approval of the temporary drive-through facility.

DEPARTMENT AND PUBLIC REVIEW

On May 7, 2013, the Community Appearance Board (CAB) reviewed the proposed petition and voted unanimously (6-0) to recommend approval.

The Planning and Zoning Board reviewed the proposed petition at a public hearing held on May 9, 2013. The Board unanimously recommended approval (7-0) subject to the conditions recommended by Staff.

RECOMMENDATION

Based on the Development Services Department Staff report and recommendation and the recommendation of the Planning and Zoning Board, I recommend approval of IDA CRP-06-01 R2 subject to the conditions in the attached Individual Development Approval.

FISCAL IMPACT

There is no fiscal impact associated with this Individual Development Approval.

Document originated by: Susan P. Lesser, Senior Planner /T\f\._

Development Services Departmentr.v

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INDIVIDUAL DEVELOPMENT APPROVAL

DDRI IDA NO. CRP-06-01 R2 13-97500005

700-998 SOUTH FEDERAL HIGHWAY

CONSIDERATION OF AN AMENDMENT TO INDIVIDUAL

DEVELOPMENT APPROVAL CRP-06-01 R1 OF THE CITY OF BOCA

RATON COMMUNITY REDEVELOPMENT AGENCY TO ALLOW THE

TEMPORARY RELOCATION OF THE BANK DRIVE-THROUGH

FACILITIES (FOR CITIBANK) FROM THE CURRENT LOCATION AT

THE SOUTHEAST CORNER OF THE SITE TO THE NORTHEAST

AREA OF THE SITE AND TO ALLOW FOR THE TEMPORARY

REDUCTION OF QPEN SPACE; FOR PROPERTY GENERALLY

LOCATED ON APPROXIMATELY 6.8 ACRES AT 700 - 998 SOUTH

FEDERAL HIGHWAY IN DOWNTOWN SUBAREA E; PROVIDING

FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN

EFFECTIVE DATE

WHEREAS, on January 23, 2012, the Community Redevelopment Agency approved CRP-06-01 R 1, which approved one ( 1) mixed-use building approximately one hundred and forty (140) feet in height, located at the northeast corner of Federal Highway and Camino Real. The mixed-use development includes 350 residential units, 27,723 square feet of office and 6,542 square feet of retail with technical deviations from Section 23-190(d) for reduction in driveway width and reduction of radius and a technical deviation from Section 28-1653 for parking design. The balance of the Via Mizner development totals 84 residential units, 43,525 square feet of retail uses and a 118 room hotel. The total of Phase I (Interim Phase) and the remaining development is 423,121 square feet of office equivalent development in Downtown Subarea E;

WHEREAS, pursuant to the provisions of Ordinance No. 4035 of the City of Boca Raton Community Redevelopment Area Downtown Development of Regional Impact (DDRI) Development Order, ("DDRI Development Order"), and the Rules of the Boca Raton Community Redevelopment Agency, ("Rules"), Via Mizner Associates, LLC ("Applicant"), has filed an Application, for an Amendment to Individual Development Approval CRP-06-01 R1 ("Application") for land located within the boundaries of the DDRI, with the Community Redevelopment Agency of the City of Boca Raton ("CRA"); and

WHEREAS, a public hearing thereon has been duly noticed and held in accordance with the requirements of the DDRI Development Order and Rules; and

WHEREAS, this application for an Amendment to Individual Development Approval CRP-06-01 R1, seeks modifications to allow a temporary relocation of the current bank drive-through facilities for Citibank from the current location at the southeast corner of the site to the northeast corner of the site and temporarily reducing the open space (which open space is still in excess of the required open space); and

WHEREAS, the CRA has considered the Application, and the recommendations of the professional staff, the Planning and Zoning Board, the Community Appearance Board and the testimony, reports, exhibits and other documentary evidence submitted at the public hearing; and

WHEREAS, the CRA, having considered all of the foregoing and being fully advised and informed in the premises, has determined that it is in the best interests of the citizens of Boca Raton to approve an Amendment to the Individual Development Approval CRP-06-01 R1for the property which is the subject of the aforementioned Amended Application, subject to specified conditions and limitations.

FINDINGS OF FACT

The CRA hereby [finds/does not find] that:

1. The Applicant has filed with the CRA an Application for an Amendment to the Individual Development Approval CRP-06-01R1 ("IDA") proposed for development within the Community Redevelopment Area Downtown Development of Regional Impact pursuant to provisions and requirements of the DDRI Development Order and the Rules.

2. The Amendment to the IDA, specifically the site plan entitled Citibank Temporary Drive­thru Relocation at Via Mizner, prepared by Vander Ploeg and Associates, Inc., date stamped by the Development Services Department on March 20, 2013 (the "IDA Site Plan") seeks development approval for the temporary relocation of the bank drive­through facilities (for Citibank) (the "Project") located on approximately 6.8 acres of real property generally located at 700-998 South Federal Highway, which is legally described in Exhibit A, attached hereto and incorporated herein ("Property") in Downtown Subarea E.

3. The Application for an amended IDA was determined to be complete by the Executive Director of the CRA on May 13, 2013.

4. The CRA has given notice and held a public hearing to consider the Application.

5. On May 13, 2013, the Executive Director of the CRA submitted his report in regard to the Application, recommending approval of th.e Application.

6. Adequate infrastructure facilities exist or will be provided in a timely manner, consistent with the DDRI Development Order and Rules, to serve the development of Downtown Boca Raton in a safe and efficient manner.

7. There is no anticipated additional tax increment revenue generated by this application.

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8. All Findings of Fact not revised by the Amendment to Individual Development Approval CRP-06-01 R1 remain in full force and effect.

CONCLUSIONS OF LAW

After having considered the Application for an Amendment to the IDA, the report and recommendations of the Executive Director of the CRA, the Planning and Zoning Board, the Community Appearance Board and the opinion, advice and counsel of the public, the CRA hereby [finds/does not find]:

1) The proposed Amendment to the IDA complies with the requirements of the DDRI Development Order and the Rules.

2) The Application for an Amendment to the IDA has been considered and approved in accordance with each and every applicable requirement of the DDRI Development Order and the Rules.

3) The CRA is duly authorized and empowered to grant this Amendment to the IDA.

NOW, THEREFORE, IN ACCORDANCE WITH THE REQUIREMENTS OF ORDINANCE NO. 4035 OF THE CITY OF BOCA RATdN AND THE RULES, THE BOCA RATON COMMUNITY REDEVELOPMENT AGENCY [DOES/DOES NOT] HEREBY GRANT THIS AMENDMENT TO IDA CRP-06-01 R1 FOR THE REAL PROPERTY DESCRIBED IN EXHIBIT A, SUBJECT TO THE FOLLOWING CONDITIONS, RESTRICTIONS AND LIMITATIONS ORIGINALLY SET FORTH IN CRP-06-01 R1:

GENERAL

1. The Application for an IDA with technical deviations seeks Phase I (Interim Phase) which provides for one (1) mixed-use building approximately one hundred and forty (140) feet in height located at the northeast corner of Federal Highway and Camino Real in place of the hotel and office buildings. The mixed-use development includes 350 residential units, 27,723 square feet of office and 6,542 square feet of retail with technical deviations from Section 23-190(d) for reduction in driveway width and reduction of radius and a technical deviation from Section 28-1653 for parking design. The balance of the Via Mizner development totals 84 residential units, 43,525 square feet of retail uses and a 118 room hotel. The total of Phase I (Interim Phase) and the remaining development is 423,121 square feet of office equivalent development in Subarea E; if approved, Camino Investments Holdings LP, its heirs, successors and/or assigns are hereby authorized to apply for and receive building permits for Phase I (Interim Phase) of development of the Property, described in Exhibit A, based upon the plans prepared by Vander Ploeg and Associates, Inc., dated, January 12, 2012, attached as Exhibit B, subject to the conditions, restrictions and limitations set out in this IDA.

a) The Application for an Amendment to the IDA (CRP-06-01R1) seeks the temporary relocation of the bank drive-through facilities (for Citibank) from the current location at the southeast corner of the site to the northeast area of the site and to allow for the temporary reduction of open space. If approved Via Mizner Associates, LLC, its heirs, successors and/or assigns are hereby authorized to apply for and receive building permits for development of the Property based upon the plans prepared by Vander Ploeg

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and Associates, Inc., dated March 20, 2013, attached as Exhibit B. subject to the conditions, restrictions and limitations set out in this amended IDA.

* * *

40. Prior to the issuance of a Certificate of Completion, the Owner shall comply with the following:

a) Construct and complete all improvements shown on the approved Public Works Review plans to be constructed and completed as approved and accepted by the City;

b) Ensure that all existing streetscape beautification elements (decorative pavers, landscaping, irrigation, decorative streetlights) in the public right-of way shall be preserved and/or relocated as necessary, subject to CAB review and approval by City Staff Responsible for Public Works Review;

41. This IDA CRP-06-01 R2 shall expire and be of no further force and effect upon i) the completion of Phase 1 of Via Mizner, as approved pursuant to IDA CRP-06-01 R1, or ii) September 30, 2017, whichever occurs first.

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42. Upon expiration of CRP-06-01 R2 the temporary bank drive-through facilities as shown on Exhibit B. attached hereto shall be demolished and the area upon which the facilities were located shall be restored to qualify as open space.

43. In order to insure timely removal of the temporary bank drive-through facilities, as described in Condition No. 42, above, prior to the issuance of a building permit. the Owner shall provide, in a form acceptable to the City Attorney and in an amount acceptable to the Executive Director, a bond or letter of credit for the demolition and disposal of the temporary bank drive-through facilities and restoration of the site upon which said facilities were located. Should the owner fail timely to comply with Condition No. 42, above (or any time extension thereto as authorized by a duly processed amendment to this IDA. the CRA (or the City of Boca Raton as agent of the CRA for the purpose herein described) shall be authorized to draw upon the bond or letter of credit and to take the steps necessary to effectuate the demolition and disposal of the temporary bank drive-through facilities and restoration of the site upon which such facilities were located. The CRA and/or the City will provide the Owner with notice and due process prior to entering upon the property and drawing on the bond or letter of credit to effectuate the demolition, disposal, and restoration. For the purpose of the notice required by Section 19-277(a) of the City of Boca Raton Code of Ordinances, the Owner agrees that thirty (30) days notice is adequate. This provision shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Amended IDA.

43. Each of these conditions has been offered by the owner of the Property for this IDA and the Applicant has represented to the City of Boca Raton that it is the express intent of the Applicant to be governed by the conditions contained herein, which conditions shall govern development of the Property, and that said conditions shall bind the Applicant. These conditions are adopted pursuant to the CRA's authority and all applicable

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provisions of law. Adherence by the Applicant to these conditions is deemed by the CRA to be an integral part of its determination that adoption of this IDA is an appropriate exercise of its power to approve the IDA with respect to the Property described in Exhibit "A". If any condition (including voluntary proffers) set forth herein is declared invalid or unenforceable for any reason. the CRA expresses its intent that it would not have enacted this resolution without each of said conditions. In addition to any and all available remedies, failure to abide by these conditions may result in the revocation of this development approval and the rendering of the development (and the use of the Property as contemplated in this IDA approval) unlawful pursuant to the City's Code of Ordinances.

Additional Provisions for the Amendment to the IDA:

A. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity.

B. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed.

C. All conditions of CRP-06-01 R1, not revised by this amendment to the IDA shall remain in full force and effect.

D. The Amendment to the IDA shall take effect immediately upon adoption.

PASSED AND DULY APPROVED with a quorum present and voting, by the Community Redevelopment Agency of the City of Boca Raton, Florida, this day of , 2013.

ATTEST:

Susan S. Saxton, City Clerk

COMMUNITY REDEVELOPMENT AGENCY CITY OF BOCA RATON PALM BEACH COUNTY, FLORIDA

By: __________________________ __ Constance J. Scott, Chairman

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CRA BOARD VOTE YES NO ABSTAINED

CHAIRMAN CONSTANCE J. SCOTT VICE CHAIRMAN ANTHONY MAJHESS COMMISSIONER SUSAN HAYNIE COMMISSIONER MICHAEL MULLAUGH COMMISSIONER SUSAN WHELCHEL

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EXHIBIT A

Legal Description:

All of Block 26 and a portion of Blocks 20, 22, 23, 25-A, 25-B and 28, also abandoned S. E. 7th Street, S. E. 8th Street, S. E. 9th Street and De Soto Road of SPANISH RIVER LAND COMPANY'S PLAT "A", as recorded in Plat Book 16, Pages 27 through 30 inclusive of the Public Records of Palm Beach County, Florida and a portion of Lot 33, Block 31 and Lot 3, Block 27, PLAT NO.1 MIZNER DEVELOPMENT CORPORATION, as recorded in Plat Book 3, Pages 37, of the Public Records of Palm Beach County, Florida, all being more particularly described as follows:

Commencing at the Southwest Corner of Tract "A", BOCA RATON HOTEL AND CLUB, GOLF COURSE/OPEN SPACE REPLAT, according to the plat thereof, as recorded in plat Book 79, Pages 180 through 184, of the Public Records of Palm Beach County, Florida, said point being further described as being on the North Right-of-Way Line of Camino Real, as now laid out and in use; thence North 89°46'45" West, along the North Right-of-Way Line of said Camino Real, a distance of 327.29 feet to the Point of Curvature of a circular curve to the right; thence Westerly and Northerly, along the arc of said curve, having a radius of 30.00 feet, through a central angle of 89°46'45", an arc distance of 47.01 feet to the Point of Tangency, said point being further described as being on the East Right-of-Way Line of Federal Highway (U. S. No. 1 ), as now laid out and in use; thence North 00°00'00" East, along said East Right-of-Way Line, a distance of 962.71 feet to a point, said poir,Jt being further described as being on the Northerly Line of said Tract "A"; thence North 90°00'0b" East, along said Northerly Line, a distance of 10.61 feet to the Point of Curvature of a circular curve to the right; thence Easterly and Southerly, along said Northerly Line, along the arc of said curve, having a radius of 50.00 feet, though a central angle of 68°00'00", an arc distance of 59.34 feet to the Point of Reverse Curvature; thence Southerly and Easterly, along said Northerly Line, along the arc of said curve, having a radius of 375.00 feet, through a central angle of 50°00'00", an arc distance of 327.25 feet to the Point of Reverse Curvature; thence Easterly and Southerly, along said Northerly Line, along the arc of said curve, having a radius of 150.00 feet, through a central angle of 31 °49'48", an arc distance of 83.33 feet to a point on the West Line of said Tract "A"; thence South 00°00'36" East, along said West Line, a distance of 700.64 feet to said Southwest Corner of Tract "A" and the Point of Beginning of this description.

Said lands situate, lying and being in the City of Boca Raton, Palm Beach County, Florida.

Containing 296,156 square feet of 6. 7988 acres, more or less.

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RECOMMENDATION OF THE PLANNING AND ZONING BOARD OF THE CITY OF BOCA RATON

RECOMMENDATION NO. 13-08

MOTION: APPROVED

VOTE: Yes Z No Q

AYE: Fairman·. Rustin. Coffin, Keen. Utrecht. Gromann. Sevell

NAY: None

DATE: May 9, 2013

Recommendation for APPROVAL of CRP-06-01 R2 13-97500005, a Resolution of the City of Boca Raton Community, Redevelopment Agency considering an amendment to Individual Development Approval (IDA) CRP-06-01 R 1 for the temporary relocation of bank drive­through facilities (for Citibank) from the current location at the southeast corner of the site to the northeast area of the site and to allow for the temporary reduction of open space; for property generally located on approximately 6.8 acres at 700-998 South Federal Highway in Downtown Subarea E.

WHEREAS, the applicant for CRP-06-01 R2/13-97500005 has appeared before the Planning and Zoning Board to review petition CRP-06-01R2/13-97500005, and

WHEREAS, a Notice of Public Hearing was sent to property owners of record within 500 feet and posted on the property. The notice was published on April 24, 2013, and

WHEREAS, the Planning and Zoning Board conducted a public hearing on May 9, 2013, and

WHEREAS, the Planning and Zoning Board finds that this project has been reviewed for impacts to the City's Comprehensive Plan public facilities (roads, water, sewer, drainage, solid waste, parks, schools) level of service standards and finds that issuance of a development order does not degrade the Comprehensive Plan levels-of-service standards, and

WHEREAS, the Planning and Zoning Board has found the petition to be consistent with the Comprehensive Plan, the City's Land Development regulations, Ordinance 4035 as amended, and the Rules of the Community Redevelopment Agency, and

WHEREAS, the Planning and Zoning Board on a duly made motion voted (7 to 0) to recommend approval of CRP-06-01 R2/13-97500005, now

THEREFORE BE IT RESOLVED, that the Planning and Zoning Board hereby recommends APPROVAL of CRP-06-01R2/13-97500005 with conditions, as amended in the attached Individual Development Approval.

William Fairman, Chairman

~D ZONING BOARD

S. Lesser

NOTICE OF PUBLIC HEARING THE PLANNING AND ZONING BOARD

City of Boca Raton, Florida hereby gives notice: PUBLIC HEARING at 6:30 PM on May 9, 2013

City Hall Council Chamber 201 W. Palmetto Park Road, Boca Raton, Florida, 33432

1.;'~' I u

INDIVIDUAL DEVELOPMENT APPROVAL PROJECT REVIEW CRP-06-01R2/13-97500005 A Resolution of the City of Boca Raton Community Redevelopment Agency considering an Amendment to Individual Development Approval CRP-06-01 R1, to allow the temporary relocation of the bank drive-through facilities (for Citibank) from the current location at the southeast corner of the site to the northeast area of the site and to allow for the temporary reduction of open space; for property generally located on approximately 6.8 acres at 700- 998 South Federal Highway; in Downtown Subarea E; providing for severability; providing for repealer; providing an effective date

LOCATION MAP:

II PETITION AREA NO SCALE NORTH ~

In accordance with the Americans with Disabilities Act and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact the Office of the City Clerk at 393-7740 at least three bu~iness days prior to the proceeding (whenever possible) to request such accommodation.

Anyone interested in reviewing the background information and plans, if any, are invited to contact Susan P. Lesser, Senior Planner, at the office of the Development Services Department, Planning and Zoning Division, 201 West Palmetto Park Road, Boca Raton, Florida 33432 (561-393-7956).

CITY OF BOCA RATON John R. Hixenbaugh, J.D., AICP, Director Development Services Department

Published: April 24, 2013

PLANNING AND ZONING BOARD