\62i Printed on recycled paper. MEMORANDUM RECOMMENDATION BACKGROUND. DATE: September 20, Mayor and City Council Members

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1 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TDD: (561) SUNCOM: (561) INTERNET: DATE: September 20, 2013 MEMORANDUM TO: FROM: SUBJECT: Mayor and City Council Members Leif J. Ahnell, C.P.A., C.G.F.O City Manager An amendment to the Development Order for the Boca Village PMD Master/Site Plan, Resolution No , relating to the timing of the recordation of a declaration of control in lieu of a unity of title and issues related thereto required for construction of an eight-story, 200-unit multifamily development with structured parking for property located at 4955 Technology Way (SPA-05-08R6/ ) RECOMMENDATION Based on the Development Services Department staff report and the recommendation of the Planning and Zoning Board, I propose that the City Council approve an amendment to the development order for the Boca Village planned mobility development (PMD) master/site plan, Resolution No , relating to the timing of the recordation of a declaration of control in lieu of a unity of title and issues related thereto required for construction of an eight-story, 200- unit multifamily development with structured parking for property located at 4955 Technology Way. Specifically, the applicant seeks to amend condition no. 2 of City Council Resolution No which requires that the applicant record a declaration of control in lieu of a unity of title for the PMD no later than 60 days following approval of the development order on June 11, The applicant requests that the timing provision be changed to allow recording of the instrument prior to issuance of a main use building permit. BACKGROUND On June 11, 2013, the City Council approved a master plan/site plan (hereinafter the "PMD Site Plan") to construct an eight-story, 200-unit multifamily development on property situated at 4955 Technology Way in the Boca Village mixed-use area situated adjacent to the Tri-Rail commuter rail station. The 14.2-acre PMD Site Plan includes the subject property, which was originally approved as the second office tower for Boca Village Corporate Centre, the property for the existing first phase office tower, and the property developed with the NSD Office Building at 800 Yamato Road. With the PMD Site Plan approval, the applicant modified the existing site plans for Boca Village Corporate Centre and the NSD Office Building to allow for construction of the proposed multifamily building in lieu of the second phase office tower. This PMD Site Plan was the first PMD project proposed under Ordinance Nos and 5225 adopted on December 11, ru \62i Printed on recycled paper. - AN EQUAL OPPORTUNITY EMPLOYER-

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4 1 WHEREAS, BV Land, LLC ("Project Applicant") has filed an application for an 2 amendment to the development order for the Boca Village PMD master/site plan ("PMD 3 Development Order Amendment') approved pursuant to Resolution No (the "PMD 4 Development Order") by the Boca Raton City Council on June 11, 2013; and 5 WHEREAS, the Project Applicant specifically requests amendment of Condition No. 2 of 6 the PMD Development Order relating to the timing of the recordation of a declaration of control 7 in lieu of a unity of title and issues related thereto required for construction of an eight-story, unit multifamily development with structured parking for property (the "Project"); and 9 WHEREAS, the City's Development Services Department has reviewed the PMD 10 Development Order Amendment and provided a recommendation (the "Staff Report") to both 11 the Planning and Zoning Board and the City Council; and 12 WHEREAS, the Planning and Zoning Board conducted a public hearing on September 13 19, 2013 to consider the PMD Development Order Amendment, the Staff Report, and the 14 testimony taken during the public hearing; and 15 WHEREAS, by a vote of 6-0, the Planning and Zoning Board recommended that the City 16 Council approve the PMD Development Order Amendment, subject to the conditions set forth in 17 this resolution; and 18 WHEREAS, the City Council conducted a public hearing on October 8, 2013 to consider 19 the PMD Development Order Amendment, the recommendation of the Planning and Zoning 20 Board, the Staff Report, and the testimony taken during the public hearing; and 21 WHEREAS, the City Council has found the PMD Development Order Amendment to be 22 [consistent/inconsistent] with the Comprehensive Plan and the City's Land Development 23 Regulations; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 26 RATON: 2

5 1 Section 1. An amendment to Condition No. 2 of the PMD Development Order, 2 relating to the timing of the recordation of a declaration of control in lieu of a unity of title and 3 issues related thereto for the Project on the following described site property (the "Property") is 4 hereby [granted/denied], subject to the conditions described in Section 2: 5 All of Parcel "B" of BOCA VILLAGE PLAT according to the plat thereof, as 6 recorded in Plat Book 107, Page 34 of the Public Records of Palm Beach 7 County, Florida, together with all of Parcels "E" and "F" being a portion of the 8 BOCA VILLAGE MASTER PLAT, according to the plat thereof; as recorded in 9 Plat Book 102, Pages 80 through 88 of the Public Records of Palm Beach 10 County, Florida. 11 Section 2. Condition No. 2 of the PMD Development Order is hereby amended to 12 read: 13 (2) Prior to the issuance of a main use building permit for the residential 14 development On or before the date that is sixty (60) days after this approval, the Applicant 15 shall provide to the City together with applicable fees, a fully executed Declaration of Control in 16 Lieu of Unity of Title to the Property in the form attached hereto, which Declaration of Control in 17 Lieu of Unity of Title shall be recorded in the Public Records of Palm Beach County, Florida. All 18 applications for building permits for lands encompassing the PMD Master Plan/Site Plan filed 19 prior to recording of the Declaration of Control in Lieu of Unity of Title shall comply with all 20 conditions of approval of the PMD Development Order. 21 Section 3. Expiration. 22 The approval of the PMD Development Order Amendment shall expire at the same time 23 as that set forth in the PMD Development Order. 24 Section 4. If any section, subsection, clause or provision of this resolution is held invalid, 25 the remainder shall not be affected by such invalidity. 3

6 1 Section 5. Unless specifically modified herein, all conditions set forth in the PMD 2 Development Order, Resolution No , the site plan approval for the Boca Village 3 Corporate Centre (SPA-05-08R3) pursuant to Planning and Zoning Board Resolution No and the site plan approval for the NSD Office Building (SPA-04-27) pursuant to Planning and 5 Zoning Board Resolution No shall remain in full force and effect, except to the extent 6 they conflict with Resolution No , in which case Resolution No shall control, 7 as further specified in Resolution No All other resolutions or parts of resolutions in 8 conflict herewith shall be and hereby are repealed. 9 Section 6. Effective Date. This PMD Development Order Amendment shall be effective 10 immediately. 11 PASSED AND ADOPTED by the City Council of the City of Boca Raton this day 12 of, ATTEST: Susan S. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA Susan Whelchel, Mayor COUNCIL VOTE YES NO ABSTAINED MAYOR SUSAN WHELCHEL DEPUTY MAYOR SUSAN HAYNIE COUNCIL MEMBER ANTHONY MAJHESS COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER CONSTANCE J. SCOTI 4

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8 DEVELOPMENT SERVICES DEPARTMENT, BOCA RATON, FLORIDA PLANNING REPORT- JOHN R. HIXENBAUGH, J.D., AICP, DIRECTOR Planning and Zoning Agenda Date: September 19, 2013 CASE NO.: SPA-05-08R Amendment to the Development Order for the Boca Village PMD relating to the timing for recordation of a declaration of control in lieu of a unity of title required for construction of an eight-story, 200-unit multifamily development with structured parking located at 4955 Technology Way. Recommendation: ohn R. Hixenbaugh, J.D., AICP Development Services Director Introduction Bonnie Miske!, Esq., agent for Mill Creek Residential Trust, LLC ("Applicant"), requests an amendment to the development order for the Boca Village Planned Mobility Development ("PMD") relating to the timing for recordation of a declaration of control in lieu of a unity required for construction of an eight-story, 200-unit multifamily development with structured parking to be located at 4955 Technology Way. Specifically, the Applicant seeks to amend condition no. 2 of City Council Resolution No which requires that the Applicant record a declaration of control in lieu of a unity for the PMD no later than 60 days following approval of the development order on June 11, The Applicant requests that the timing provision be changed to allow recording of the instrument prior to issuance of a main use building permit. Background On June 11, 2013, the City Council approved a master plan/site plan (hereinafter the "PMD Site Plan") to construct an eight-story, 200-unit multifamily development on property situated at 4955 Technology Way in the Boca Village mixed-use area situated adjacent to the Tri-Rail commuter rail station. The 14.2-acre PMD Site Plan includes the subject property, which was originally approved as the second office tower for Boca Village Corporate Centre, the property for the existing first phase office tower, and the property developed with the NSD Office Building at 800 Yamato Road. With the PMD Site Plan approval, the Applicant modified the existing site plans for Boca Village Corporate Centre and the NSD Office Building to allow for construction of the proposed multifamily building in lieu of the second phase office tower. This PMD Site Plan was the first PMD project proposed under Ordinance Nos and 5225 adopted on December 11, Proposed Condition Modification Because the PMD includes three (3) separately owned properties, a declaration of control in lieu of a unity is required to be recorded. However, because there are three (3) separate property owners involved, as well as their respective mortgagees, the Applicant asserts it has been unable to secure signatures and record the declaration within the allowed 60 days (which expired on August 10, 2013), resulting in the subject request. City staff has no objection to the request because there is no policy or code requirement related to the timing of

9 Boca Village PMD- Unity Condition Amendment SPA-05-08R6/ Page 2 recording of a required declaration. In this case, the only important requirement is that the instrument be recorded prior to the issuance of the main use building permit. The attached resolution will allow for the requested change to timing. Recommendation The Development Services Department recommends APPROVAL of the amendment to the development order for the Boca Village PMD relating to the timing for recordation of a declaration of control in lieu of a unity required for construction of an eight-story, 200-unit multifamily development with structured parking located at 4955 Technology Way. Planner Responsible: Jim Bell, AICP, Planning and Zoning Manager Q:\P-Z\STAFFIJ/m\City Council Approvals\Boca Village PMD- Unity Condition Amendment\Siaff report- Unlly Condillon.docx

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14 1 WHEREAS, BV Land, LLC ("Project Applicant"), Boca Town Partners, LLC, and avec 2 Corp. (collectively hereinafter referred to as "Applicant") filed an application for approval of a 3 planned mobility development ("PMD") master plan/site plan ("PMD Site Plan") modifying the 4 site plan approval for Boca Village Corporate Centre (SPA-05-08R3) generally situated at and 4955 Technology Way, and the site plan approval for the NSD Office Building (SPA-04-27) 6 located at 800 Yamato Road ("NSD"), to construct an eight-story, 200-unit multifamily 7 development with structured parking for property located at 4955 Technology Way (the 8 "Project"); and 9 WHEREAS, pursuant to Section , the Applicant requests a modification of 10 development parameters related to the required landscape/buffer zone for sidewalks; and 11 WHEREAS, the City's Development Services Department has reviewed the PMD Site 12 Plan and provided a recommendation (the "Staff Report") to both the Planning and Zoning 13 Board and the City Council; and 14 WHEREAS, the Planning and Zoning Board conducted a public hearing on May 23, to consider the PMD Site Plan, the Staff Report, and the testimony taken during the public 16 hearing; and 17 WHEREAS, by a vote of 5-0, the Planning and Zoning Board recommended that the City 18 Council approve both the master plan and site plan components of the PMD Site Plan, subject 19 to the conditions set forth in this resolution; and 20 WHEREAS, the City Council conducted a public hearing on June 11, 2013 to consider 21 both the master plan and site plan components of the PMD Site Plan, the recommendation of 22 the Planning and Zoning Board, the Staff Report, and the testimony taken during the public 23 hearing; and 24 WHEREAS, the City Council has reviewed both the master plan and site plan 25 components of the PMD Site Plan pursuant to Sections 28-54, and , Code of 26 Ordinances; and 2

15 1 WHEREAS, the City Council has found both the master plan and site plan components 2 of the PMD Site Plan to be [consistent/inconsistent] with the Comprehensive Plan and the City's 3 Land Development Regulations; now therefore 4 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 6 RATON: 7 8 Section 1. The City Council hereby makes the following findings of fact: (1) The PMD Site Plan is consistent with and furthers and promotes the mobility goals, objectives and policies of the Comprehensive Plan; (2) Full implementation of the PMD Site Plan mitigates single occupant vehicle trips 12 and total vehicle miles traveled by a meaningful and measurable amount when compared to 13 standard trip generation rates and average vehicle miles of travel without regard to the planned 14 mobility strategies of the PMD Site Plan and the mobility infrastructure dedicated, constructed or 15 for which the PMD Site Plan pays its proportionate fair share; 16 (3) The PMD Site Plan has secured the implementation of its planned mobility 17 strategies by dedication or construction of mobility improvements within the PMD Site Plan; 18 (4) The PMD Site Plan has by dedication, construction or payment of its 19 proportionate fair share secured implementation of mobility infrastructure for the planning area 20 of the City within which it is located; 21 (5) The proposed residential project will provide for multiple/mixed use land patterns 22 that encourage a balance of complementary uses while respecting the existing character of 23 surrounding land uses; 24 (6) The proposed residential project is consistent with and furthers the public health, 25 safety, and welfare of the residents of the City; 3

16 (7) The location, sizes, and overall distribution of unit types support a viable residential project meeting a diversity of housing needs appropriate to the area and to the City overall; (8) The proposed residential units are effectively dispersed and maximally located in relation to available employment uses and services and to other residential units; (9) The proposed residential units support and enhance proximate employment 7 centers; and 8 (10) The modification of development parameters related to the required 9 landscape/buffer zone for sidewalks mitigates daily vehicle trips and vehicle miles traveled. 10 Section 2. Applicant's request for approval of the master plan component of the 11 PMD Site Plan on the following described property and its related modification to development 12 parameters related to the required landscape/buffer zone for sidewalks (the required width of 13 landscape/buffer zones adjacent to existing sidewalks is hereby waived as depicted on 14 Attachment 1) is hereby approved. The master plan property is described as follows (the 15 "Property"): 16 All of Parcel "B" of BOCA VILLAGE PLAT according to the plat thereof, as 17 recorded in Plat Book 107, Page 34 of the Public Records of Palm Beach 18 County, Florida, together with all of Parcels "E" and "F" being a portion of the 19 BOCA VILLAGE MASTER PLAT, according to the plat thereof; as recorded in 20 Plat Book 102, Pages 80 through 88 of the Public Records of Palm Beach 21 County, Florida. 22 This approval is based on the PMD Site Plan entitled "Boca Village Master Plan/ Site 23 Plan for Mill Creek Residential Trust, LLC", prepared by Keith and Schnarrs, P.A., together with 24 that certain Planned Mobility Matrix Evaluation and Shared Parking Evaluation, prepared by 25 Kimley-Horn and Associates, Inc., all of which were stamped as received by the City of Boca 26 Raton Development Services Department on March 29, In addition, this approval relies 4

17 1 upon and is subject to the commitments and voluntarily proffered contributions and 2 improvements described in the Planned Mobility Matrix Analysis Executive Summary and 3 Planned Mobility Matrix Worksheet, prepared by Kimley-Horn and Associates, Inc., dated April 4 10, 2013, both of which are attached hereto and incorporated by reference as Composite 5 Exhibit "A" (the "Planned Mobility Matrix") as set forth in the conditions included in this approval. 6 Section 3. Project Applicant's request for approval of the site plan component of the 7 PMD Site Plan and its related modification to development parameters related to the required 8 landscape/buffer zone for sidewalks (the required width of landscape/buffer zones adjacent to 9 existing sidewalks is hereby waived as depicted on Attachment 1) is hereby approved, subject 10 to the conditions set forth in this Section 3. The site plan property is the Property as set forth in 11 Section (1) As to the following conditions, the term "Project Applicant" shall include the owner of the real property and any and all successors in title, assignees, heirs, designees, or other parties having an interest in the title to the real property upon which the Project will be constructed. (2) On or before the date that is sixty (60) days after this approval, the Applicant shall provide to the City together with applicable fees, a fully executed Declaration of Control in lieu of Unity of Title to the Property in the form attached hereto, which Declaration of Control in Lieu of Unity of Title shall be recorded in the Public Records of Palm Beach County, Florida. (3) On or before the date that is sixty (60) days after this approval, the Notification of Development Order, in the form attached hereto, shall be recorded in the Public Records of Palm Beach County, Florida. (4) This approval is based on the PMD Site Plan entitled "Boca Village Master Plan/ Site Plan for Mill Creek Residential Trust, LLC", prepared by Keith and Schnarrs, P.A., together with that certain Planned Mobility Matrix Evaluation and Shared Parking Evaluation, prepared by Kimley-Horn and Associates, Inc., all of which were stamped as received by the City of Boca 5

18 1 Raton Development Services Department on March 29, In addition, this approval relies 2 upon and is subject to the commitments and voluntarily proffered contributions and 3 improvements described in the Planned Mobility Matrix Analysis Executive Summary and 4 Planned Mobility Matrix Worksheet, prepared by Kimley-Horn and Associates, Inc., dated April 5 10, 2013, both of which are attached hereto and incorporated by reference as Composite 6 Exhibit "A" (the "Planned Mobility Matrix") as set forth in the conditions included in this approval (5) The plans and drawings submitted with the building permit application for the building shall be consistent with the plans and drawings described in condition (4) of this Section 3, and shall incorporate those specific building improvements set forth in this resolution. (6) The Project Applicant has voluntarily agreed to a contribution of $5, to the City's Beautification Program, to be paid prior to the issuance of a main use building permit. (7) The plans and drawings may be modified as required by the Code of Ordinances or by the Community Appearance Board acting within the scope of its powers and duties which are limited to review of the building permit application for consistency with the approved plans. (8) Prior to issuance of a main use building permit: 16 (a) The Project Applicant shall notify the Administrator of the Federal Aviation Administration (FAA) pursuant to the provisions specified in C.F.R. Title 14, Part 77, by filing F.A Form "Notice of Proposed Construction" and provide evidence of a Determination of No Hazard to Air Navigation to the City, if required by FAA; 20 (b) The Project Applicant shall submit to the City a copy of the recorded shared parking agreement between the Project Applicant, the owner of Boca Village Corporate Centre, and L.A. Fitness; 23 (c) Water, sewer, paving and drainage plans shall be reviewed and approved by City 24 Staff Responsible for Public Works Review and other required governmental agencies; 25 (d) The Project Applicant shall obtain approval of plans and necessary permits from 26 the City to design and construct a 4-way stop controlled intersection, including signs, markings 6

19 1 and flashers at the Technology Way/NW 50 1 h Street intersection. To ensure timely and complete 2 construction, the Project Applicant shall provide a letter of credit, acceptable to the City 3 Attorney, in an amount equal to 110% of the cost of construction; 4 (e) The Project Applicant shall obtain approval of plans and necessary permits from 5 the City to design and construct pedestrian improvements including signing, marking, traffic 6 calming and improved lighting at the Technology Way/Corporate Tower Drive intersection. To 7 ensure timely and complete construction, the Project Applicant shall provide a letter of credit, 8 acceptable to the City Attorney, in an amount equal to 11 0% of the cost of construction; 9 (f) Engineering plans shall be reviewed and approved by City Staff Responsible for 10 Public Works Review and other required governmental agencies and a design professional shall 11 certify that the engineering plans for the parking structure are consistent with the City's 12 Engineering Design Standards and the American Disabilities Act (ADA); 13 (g) Engineering plans shall be reviewed and approved by City Staff Responsible for 14 Public Works Review for all improvements required to ensure compliance with the approved 15 Planned Mobility Matrix, including, but not limited to, sidewalks, pedestrian-scale lighting, street 16 trees and street furnishings, carpool parking spaces required by (8)(i)(ii) of Section 3; 17 (h) The Project Applicant shall submit evidence demonstrating that the development 18 complies with the Palm Beach County "Fair Share Contribution for Road Improvements" 19 Ordinance and remittance of any payment, if applicable, of an amount to be determined; and 20 (i) The Project Applicant shall file a Transportation Demand Management (TOM) 21 application and plan acceptable to the City. In addition, an annual report shall be provided to 22 the City each year on January 15th, describing in detail the TOM program implemented for the 23 development. The TOM plan development and implementation process shall include the 24 following and be implemented prior to the issuance of a certificate of occupancy: 25 i. Designate an individual to serve as the TOM program coordinator for all 26 development on the Property. Such individual shall serve as a liaison between all development 7

20 1 on the Property and the City and shall monitor all. activities, disseminate information and 2 respond to requests for information from employers, employees, tenants and residents of the 3 development on the Property; 4 ii. Designate 26 parking spaces as reserved priority employee parking spaces for 5 qualifying multiple occupant vehicles (i.e. carpool). Five (5) spaces shall be provided. in the 6 parking area included in the NSD Office Building site plan, four (4) spaces shall be provided on 7 the site of the Project, and the remaining 17 spaces shall be provided south of Corporate Tower 8 Drive. 9 iii. Provide facilities throughout the development on the Property for the posting of 10 Transportation Management Demand (TOM) Program Information in a location that is readily 11 visible to employers, employees, tenants and residents. This is an area that is used to supply 12 residents information about bus and train schedules, South Florida Commuter Services, name 13 and phone number of the Employee Transportation Coordinator (ETC) and information on local 14 restaurants and shops within walking distance; 15 iv. Provide sheltered, secure facilities for storage of bicycles in accordance with the 16 numerical requirements of Section (12)(a), Code of Ordinances. Sheltered, secure 17 facilities for the storage of bicycles shall mean an area that is covered and provides security by 18 means of a locked gate or door or provides an area that is monitored to assure no theft or 19 damage occurs to the bicycles. A plan and detail indicating the location of sheltered, secure 20 bicycle facilities shall be included on the plans reviewed and approved by City Staff Responsible 21 for Public Works Review; 22 v. Ensure the availability of meaningful incentives to the employees and residents 23 of the Property who make work trips by modes of transportation other than single occupancy 24 automobiles by providing transit, shuttle, car pool, walking and biking subsidies to employees 25 and residents. At a minimum, the Project Applicant shall provide a minimum of $2,600 per 26 month (i.e. $100 for each of the 26 reserved carpool parking spaces) toward marketing, 8

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22 1 ii. All new sidewalks proposed along all streets within the PMD Site Plan shall be 2 designed to provide a landscape/buffer zone. Where there is an existing curb, a minimum 3 landscape/buffer zone of four (4) feet shall be required, and where there is no curb, a minimum 4 landscape/buffer zone of ten (1 0) feet shall be required; 5 iii. Street trees shall be planted at a maximum distance of 35 feet on center along 6 the streets within the PMD Site Plan; 7 iv. Street furnishings, including, but not limited to, benches and trash receptacles, 8 shall be provided along the sidewalks within the PMD Site Plan; and 9 v. Pedestrian scale lighting not to exceed 15 feet in height shall be required along 10 all sidewalks within the PMD Site Plan. Such lighting shall be spaced at no more than 50 feet 11 on center and be located between the required str~et trees to the greatest extent possible. 12 (I) The Project Applicant shall coordinate with FPL for the relocation of an existing underground cable that presently lies in a location within the proposed multifamily building footprint. The Project Applicant shall be responsible for all costs associated with relocation of the underground cable and provide evidence to the City that such coordination has been approved by FPL prior to the issuance of a main use building permit. (9) Revise the PMD Site Plan and building plans, as needed to ensure that: (a) (b) Fire department connections shall be located within 50 feet of a fire hydrant; A second remotely located fire department connection shall be required if the 20 Project has more than 400 fire sprinkler heads; and 21 (c) Fire hydrants shall be spaced no more than 300 feet apart (10) Pursuant to concurrency testing based upon roadway level-of-service standards set forth in the City's Comprehensive Plan, the Project Applicant shall obtain all main use building permits for the Project and related PMD Site Plan improvements by November 30, Failure to obtain all main use building permits by such date shall require submittal of a revised traffic study by the Project Applicant, including the then existing background traffic to 10

23 1 retest for concurrency. Failure to demonstrate concurrency pursuant to a revised traffic study 2 shall render this development order null and void. 3 (11) Prior to the issuance of any Certificate of Occupancy, the Project Applicant shall: 4 (a) Complete the construction of the improvements described in Conditions 8(d) and 5 8(e) of Section 3 and have them accepted by the City; 6 (b) Ensure that all improvements shown on the approved Public Works Review plans 7 shall be constructed and completed as approved and accepted by the City; and 8 (c) Provide the City with a copy of a new ten (10) foot wide utility easement granted 9 to FPL and recorded in the public records for the relocated underground cable described in 8(1) 10 of Section (12) The parking structure for this project does not include the installation of gates. If 12 gates are proposed in the future after the completion of this project, the Project Applicant shall 13 submit plans, including a functional analysis for the parking structure analyzing the circulation 14 pattern with the location of the proposed gates prior to the installation of any gate in. the parking 15 structure, and obtain approval by the City Staff Responsible for Public Works Review. 16 (13) Prior to the issuance of a main use building permit, the Project Applicant shall 17 execute and deliver to the City for recordation, together with applicable fees, a fully executed 18 declaration of covenants 'and restrictions, in the form attached hereto indicating that solid waste 19 pick-up will be performed by a private hauler and not by the City, which shall be recorded in the 20 Public Records of Palm Beach County, Florida. All contracts with the private hauler shall be 21 without recourse to the City. The Project Applicant shall be responsible for paying the solid 22 waste disposal fee. 23 (14) The Project Applicant has voluntarily proffered to the City an annual contribution 24 of $49,000 to the City's transit programs pursuant to Section (6), Code of Ordinances. 25 The first year contribution shall be made prior to the issuance of any main use building permit. 26 Each year following the first year contribution, annual payments of $49,000 shall be due to the 11

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26 1 2 day of ~SED AND ADOPTED by the City Council of the City of Boca Raton this 1E' v~ ATTEST: 9 1~ ~J IY.L 13 Susan s. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA

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29 ~-n Kimley-Horn ~ r -, and Associates, Inc. 4. Physical Character: Sidewalk widths provided in this PMD are less than 10 feet and are therefore classified as "Poor". Materials are classified as "Good" because new sidewalks will have a broom brush finish; a minimum of a four-foot buffer zone is currently provided on Telecom Drive and on NW 50th Street (but not on Technology Way as this was already constructed with a sidewalk adjacent to the curb); asphalt bike lanes are already provided in the northbound and southbound direction on Technology Way; the planted buffer area on NW 50 1 h Street (and at the back of sidewalk on Technology Drive) includes street trees, pedestrian scale lighting and street furniture at existing shuttle stops plus new street furniture to be added in the southwest comer and northeast comer of Parcel B. The.amenities provided are classified as "Good" because bus shelters are provided at certain locations and additional street furniture is proposed to be added in the southwest comer and northeast comer of Parcel B; street trees are currently provided in the planted buffer areas on 50th Street and in the buffer area at the back of the sidewalk along Technology Way; the bicycle parking provided (82 spaces) exceed the bicycle parking required (76 spaces); pedestrian-scaled lighting is already provided adjacent to the sidewalks along Telecom Drive, 50th Street and Technology Way; street trees help provide some cover along sidewalks adjacent to the property plus the garages on Parcels B and C allow direct covered access into the buildings that the serve. Score: 12 pointsl24 possible points 5. Bicycle Friendliness The combined total of shower facilities provided in this PMD will be 6 male showers and 5 female showers, and the total office area exceeds 20,000 SF. I Score: 16 points I 16 possible points I 6. Off-street Parking: The total required parking for all three sites is 875 spaces, of which 537 (61.4%) are provided in garages. Weighted by number of parking spaces, the average walking distance from the centroid of each parking area to building entrances is less than 150 feet. The T-Rex shuttle runs throughout the Boca T echnol Center DRI and serves the subject parcels. Score: 24 points I 28 possible points (C) MOBILITY PROGRAMS MOV Preferential Parking: Four additional carpool parking spaces will be added on Parcel B, yielding in a total of 26 total carpool spaces on all three parcels vs. an office parking requirement of 519 spaces (5%). Car Pools: At a minimum, a monthly contribution. of $100 for each carpool space (totaling $31,200 annually) will be allocated to promote carpooling, including promoting South Florida Commuter Services programs to residents and employees. Van Pools: Van pool spaces and programs are not provided.. Private Shuttle (LOS): The site is served by the T-Rex shuttle, operating on 20-minute headways on weekdays. On-Site Bus Transfer Station: No bus transfer station is proposed to be provided on site; however, the site Is less than 1/4 -mile from the Tri~Rail bus-transfer facility. Transit Fare Subsidy: The management office of Parcel B will offer transit passes to. residents at a rate discounted by a minimum of 50% from the full-fare rate. Financial Support of Public Transit: The Parcel B site proposes to provide a contribution of $35 er tri to su ort ublic transit. Score: 30 points I 48 possible points Planned Mobility Matrix- Executive Summary I Apri/10, 2013 Page2

30 Jill""" n Kimley-Horn..._ r ~ and Associates, Inc. II. GEOGRAPHIC CONTEXT A) COMPLEMENTARY USES: Socioeconomic data from Palm Beach County was obtained and combined with average household population data from the US Census. Based upon this input and other assumptions, the following ratios were calculated: Home/Work Ratio: 0.5 miles: 6.5% (zero points) 1 mile: 10.5% (zero points) 2 miles: 27.3% (zero points) Home/Other Ratio: 0.5 miles: 401% (six points) 1 mile: 600% (four points) 2 miles: 81.3% (zero points) Work/Other Ratio: 0.5 miles: 6220% (four points) 1 mile: 5701% (three points) 2 miles: 310% two oints B) CONNECTIVITY: The pedestrian, bicycle and NSMV levels of service (LOS) were reviewed in the vicinity of this site. For each major roadway within the specified radius, the coverage of sidewalks and/or bicycle lanes was determined and the vehicular volume.per lane was identified. The volumes were then compared to the generalized tables provided in the FOOT Q/LOS handbook to determine the LOS criteria for each of these modes. Based upon the evaluations undertaken, the following weighted LOS determinations were made: Pedestrian LOS within 1 mile: LOS D (2 points) Bicycle LOS within 2 miles: LOS C (3 points) NSMV LOS within 3 miles: LOS D 0 oints) Score: 5 points I 15 possible points Ill. AVAILABILITY OF ALTERNATIVE CODES OF COMMUTER TRANSPORTATION Pedestrian access to Commuter Rail Station: The Boca Raton Tri-Rail statio.n is within 0.25 miles. Bike Access to Commuter Rail Station: The Boca Raton Tri-Rail station Is within 0.5 miles. Access to Bus Transfer Station: A bus transfer station is incorporated in the Tri-Rail site, and is within 0.25 miles. Access to Pubiic Shuttles: The T-Rex circulator shuttle runs adjacent to this site. I Score: 19 points I 19 possible points I TOTAL SCORE: 150 points Therefore, the site meets the Planned Mobility criteria, which require a minimum score of 150 on the matrix. Further detail on each category is provided in the report. K:\WPB_TPT0\1446\ Boca Vil/age\ _BocaTech_PM-execsum.doc Planned Mobility Matrix- Executive Summary I Apr/110, 2013 Page3

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34 BOCA VILLAGE MASTER PLAN I SITE PLAN FOR MILL CREEK RESIDENTIAL TRUST, LLC. LEGAL DESCRIPllONS: DEVELOPER MILL CREEK RESIDENTIAL 1"RUST, LLC GLADES ROAD SUIIE.c23A BOCARATON,FL33431 P: (561) CML ENGINEER KEJl1l AND SCHNARS, P.A. ~ONORTHANOREWSAVENUE FORT LAUDERDALE, FL33309 P: (954) F: (954) LANDSCAPE ARCHrrECT: WITKIN HULTS DESIGN GROUP 307 S. 21ST AVENUE HOLLYWOOD, FL P: (954) F: (954) ~ RLC ARCHITECTS 14 SE4TH STREET BOCA RATON, FL P: (561) CITY OF BOCA RATON PALM BEACH COUNTY, FLORIDA INDEX SHEET No. 181 MASTER PLAN - - MP-1 181SJTE & OPEN SPACE PLANS APPROVED PARCEL A - SP-1A 181 SIT PLAN APPROVAL PARCEL SP SIT & OPEN SPACE PLANS APPROVED PARCEL C - SP-1 C 181 OPEN.SPACE PLAN PARCEL SP-2 ARCHITECTURAL 181 OVERALL FLOOR PLANS ~FIRST AND SECOND FLOORSl - A 1.DD 1810VERALL FLOOR PLANS THIRD AND FOURTH FLOORS A OVERALL FLOOR PLANS FIFTH AND SIXTH FLOORS) - A OVERALL FLOOR PLANS SEVENTH ANO EIGHTH FLOORS) -- A OVERALL FLOOR PLANS ROOF PLAN) A CALCULATIONS CALCS 181 OVERALL Elm:RIORS ELEVATIONS (NORTH AND SOUTH) - A OVERALL Elm:RIORS ELEVATIONS (EAST AND WES1).... A BUILDING MASSING (NE, SE, NW, ANO SW VIEWS)... A3.1 0 LANDSCAPE 181LANOSCAPE PLAN... L LANDSCAPE DETAILS... _... _... _... L TREE DISPOSITION PLAN TD-1 K&S PROJECT NO DATE: APRIL 5, 2012 REVISIONS o.-itt NO. CIESCRIPOON /l:i/201 t PAC COLIPUAHCt Cl)UWDfiS {2JJ/201 2 R VtSED Silt PtNol /10/201 J AOarlDH Dr W!SC. DATA Clt)'CoundiRegUiarMMtlng 10/09/201 4 ADCED ~EXIT STAIRWELL :1 1/14/201 5 ADDED NEW Bl.lll.JXNC roatpr!nf Rea. No :! /13/201 6 UPOATED P R ClJY R 1J1 ft CQI.tt.I N!S l'lam11a 1211/201 7 lfdated Pm ClJY RtV!tW COt.ti.L Nl'S SPA.OS.08R5/ BOCA VILLAGE 800YAMATOROAD& TECHNOLOGY WAY.: lr.~ :.KEITH and SCHNARS, P.A. ~ ~D!: ENGINEERS, PLANNERS, SURVEYORS ~ C RT1FICATE OF' AUTHORIZATION fyj:r7 PAACEL8,.,...~1Apl~ Apcdgnd~"B".BOCAVIIJ..AQEPl.AT'MO,-.IngiObpbii.._,,.--.:III'IPIIlBoakt117,p.,_3ottlnllQIID,~,fllU.Pue*:~fll~a..:tJeoutr.~bllkl;-~dnabd-fobn:; llk;innkvc... ~ean.fll.-ldf'miiiit;~t.-golllh.a~fliiuoiimtu..:.eat.a~fll:tixi'"'-t:a.-6ao.llfl.a~fii24.00mtu-c.stmboui'2reac. cm...fliiii.371mt1hlnr!.soulb.a...,.flltoti.s1fmitdibii~~u..an:flla~- u.~~e~~t.-.-.polntbarl. Goul!l.n.'C"W.C,fi'DmU.'-I:~PQini.IIWialfour-blll'laCIIIIr'o:lcMrfwt:IU.&oiU..fllAidf'IICIIIIV;tllenciSaullwrl)'..,.,w..!y,lblglhllarcfllMiclcuw."-"4r!gardlafii2Uol,_,lhnlugha-*"l-.glefllM1no',.. arcdii!iiqfll21.12flllllltda~llwrwanonhst14'35'wnl,allkn:dd mcdu. ~1111Ch!I»..Cd~-1DbriQtll..r..l*lkapolnt.,_.Sadii11Z!C1'21"WI«.hnU.... doacrlleclpo*i;:~nclovwdy.w.-.t)t,lt-.~,*'ciu.ccfllmici-.,iim'lga-*-fll41.00t.t,i!rugba-.t.nolorfli1211g33",.. arc:~fllfl2.11"-10 pah;uwnwncdiows"'f"woll,a*- d1d.d~u.-nollficol52a' all,.ad-.:.otfult.c;tllencin!wflaawjrw.t, *-adt2li.dt.tu*dsoo.chozz3'0ci'eaot,adlanc:ado.ufl«;tllencino!lhlll1r.trw..a611anc:ad3ultiiicii1apolntont.waunaoiialdf'llai"b";n.-no!lb1%z1'15'w... ~d::iu.871mtu.nc.ndi!b:s117'1r ~-.. ~ 1~...,.'-tor.UO--.-«---~-~-~... Eaot,a-..:.otU.11flllllt;a.nc.Nonhi411'X"Eal,a~fli15IUit.l;hnl»tka.ll>.a.. d22.50fmtu...e'alt.a-.ad:sn.t5fnt,l:.lulftwl--..belng~.t:h1m...,mcftalblldyu..otuldf'miiii"b",id-~eam.toimiclf>..::al"8"on... fll~dlhla~ s.ld..,.... Jrtno..,.,IIWGinPilm&em~COinJ,FIIIrlck t:""""'"'""""""" :::e::faoc..'iiii.laol!pui.ttwo~idi!mo_pww _~_~S..~:D'!.I"'IO:W,dU..,_~.Rcon!aGI'_~.a-~.Florida.UQ_~. I 6500 HOR'tli AN0R WS A\ltNUE. FORt' LAIJOEROAI.... FlORIDA (954) 77&-1616 RECEIVED!~.\q 2 s 2!1!3 OJY OF BOCA.!WON O VElDPMS'ITS!RIIiC<sOEPT ~-

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53 STANDARDS, PROPORTIONATE FAIR SHARE AGREEMENTS, DECISIONAL CRITERIA AND MISCELLANEOUS PROVISIONS; PROVIDING FOR A MAXIMUM NUMBER OF MULTIFAMILY RESIDENTIAL UNITS AND PROVIDING A SUNSET PROVISION; AMENDING SECTIONS , AND TO ADD BICYCLE AND PEDESTRIAN POLICIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE WHEREAS, on October 26, 2010, the City Council of the City of Boca Raton 13 amended certain goals, objectives and policies of the City's Comprehensive Plan to provide for 14 the establishment of the Planned Mobility Future Land Use Designation; and 15 WHEREAS, as part of amendments to the City's Comprehensive Plan, the City 16 Council designated various areas of the City with the Planned Mobility Future Land Use 17 designation; and 18 WHEREAS, adopted Comprehensive Plan Land Use Policies and require 19 that the City's Land Development Regulations be amended to govern the development and 20 redevelopment of lands designated Planned Mobility on the Future Land Use Map of the 21 Comprehensive Plan; and 22 WHEREAS, the City's Planned Development Regulations are hereinafter amended to 23 add a new Division 8 providing for a planned development approval process for lands 24 designated Planned Mobility on the Future Land,Use Map of the Comprehensive Plan; now 25 therefore 26 2

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