DOWNTOWN BOCA It's Happening!

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1 DOWNTOWN BOCA It's Happening! DATE: TO: FROM: December 3, 2013 Chairman and Members Community Redevelopment Agency Leif J. Ahnell, C.P.A., C.G.F.O. Executive Director SUBJECT: CRP-11-02R Petitio of J. Michael Marshall of GrayRobinson, P.A., on behalf of Archstone Palmetto Park LLC (the "Applicant"}, for a 12- month extension to the Individual Development Approval CRP as amended by CRP-11-02R1, Archstone Palmetto Park, located at East Palmetto Park Road and East Boca Raton Road that includes a transfer of authorized development between subareas for a 820,652 or 763,001 square foot mixed-use development, a maximum of 100 feet in height, located in Subarea C of the Downtown, including a conversion of uses; consisting of 13,448 or 11,134 square feet of retail uses and 378 residential units for a total of 187,107 square feet of office equivalent development with technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and off-street vehicular circulation; providing for development under CRP or under CRP as amended by CRP-11-02R1 under certain conditions RECOMMENDATION I recommend approval of Resolution No. CRP-11-02R2, granting a 12-month extension to the Individual Development Approval ("IDA") CRP as amended by CRP-11-02R1 for the Archstone Palmetto Park project located at East Palmetto Park Road and East Boca Raton Road. This IDA included a transfer of authorized development between subareas for a 820,652 or 763,001 square foot mixed-use development, maximum of 100 feet in height, located in Subarea C of the downtown, including a conversion of uses; consisting of 13,448 or 11,134 square feet of retail uses and 378 residential units for a total of 187,107 square feet of office equivalent development with technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and offstreet vehicular circulation. BACKGROUND The subject property is acres (251,696 square feet) and is situated east of NE 3rd Avenue and is bound on the south by East Palmetto Park Road and on the north by East Boca Raton Road. The site is located in Subarea C of the Downtown Development of Regional Impact ("DDRI"}, zoned R-1- D/DDRI, and has a compatible comprehensive plan future land use designation of Central Business District (CBD). The R-1-D/DDRI district governs residential development along East Boca Raton Road, subject to requirements specified in Section of the Code of Ordinances. The DDRI development Community Redevelopment Agency City Hall- 201 West Palmetto Park Road, Boca Raton, Florida Phone: I Fax:

2 Archstone Extension- CRA Memo CRP-11-02R2/ Page 2 order, Ordinance 4035, as amended ("DO"), regulates overall development in the DDRI. Currently, the site is predominately vacant with only two (2) detached single-family homes and 18,241 square feet of retail use. Redevelopment of the site with the proposed development will require the demolition of all of the buildings on the property. PREVIOUS APPROVALS Original Project IDA On February 27, 2012, the Community Redevelopment Agency (CRA) granted an IDA for the Archstone Palmetto Park project, CRP-11-02, (the "Original Project"). The Original Project consisted of 820,652 square feet housing 353 apartment residential units and 13,448 square feet of retail (high) use in one building designed to look like three (3) buildings not to exceed 100 feet in height along East Palmetto Park Road and a series of 25 townhomes not to exceed 35 feet in height along East Boca Raton Road (total of 378 residential units). To accommodate the proposed development, the Original Project also included a transfer of authorized development from Subareas A, D, and G to Subarea C of the downtown, including a conversion of uses. In addition, technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and off-street vehicular circulation were approved. Contemporaneously with and for the benefit of the Original Project, the CRA adopted Ordinance No. 5203, which allowed for the Original Project to be considered as a Downtown Quality Project, subject to Downtown Quality Development Regulations and the Downtown Interim Design Guidelines (log), thereby modifying the bulk regulations (height, setbacks, and parking garages) as applied to this particular site. Specifically, application of the Downtown Quality Development Regulations and the log allowed for building encroachments into the setbacks for the portions of the building in excess of 30 feet in height to provide for greater building articulation in the upper floors fronting East Palmetto Park Road. Following CRA approval of the Original Project, the site plan was thereafter revised as required by the approval to incorporate conditions imposed by the CRA to address neighborhood residents' concerns. Such revisions included the requirement that all of the townhomes have access to their individual garages from East Boca Raton Road, and that access to the parking garages from East Boca Raton Road be eliminated. Amended Project IDA On March 11, 2013, the CRA approved an amendment to the Individual Development Approval, IDA CRP-11-02R1, which approved site plan modifications altering the building design and architectural features to comply with Ordinance No (disregarding use of the Interim Design Guidelines allowed by Ordinance No. 5203), reducing the overall building square footage from 820,652 to 763,001 square feet, and reducing the retail (high) square footage from 13,448 to 11,134 square feet (the "Amended Project"). SUBJECT REQUEST This application is a request for a 12-month extension to the expiration date of CRP as amended by CRP-11-02R1 which includes plans from the Original Project and the Amended Project (the "Petition"). The Petition is set to expire on February 27, REVIEW CRITERIA- APPLICANT'S JUSTIFICATION Pursuant to the rules of the CRA, the Board may grant up to one 12-month extension of the commencement date for an IDA which has received a transfer of authorized development, provided that the Applicant presents to the Board an explanation of the progress made regarding the proposed project and a justification for granting such an extension.

3 Archstone Extension- CRA Memo CRP-11-02R2/ Page 3 The accompanying justification statement from the Applicant dated October 22, 2013 attached as Exhibit A, provides the justification for this Petition. As stated in the Justification Statement, the Applicant's primary justification for the extension is the pendency of litigation initiated by the City with regard to a referendum petition that had been filed with the City by a "Petitioners' Committee". Through the referendum petition, the Petitioners' Committee challenged the City Council's adoption of Ordinance No which was adopted concurrent with approval of the Original Project, IDA CRP The referendum petition caused a delay in the permitting of the plans approved under IDA CRP because it had been designed in accordance with the DDRI DO, as amended by Ordinance No As further discussed by the Applicant, the delay has been continued because the City then initiated the litigation to seek a declaratory judgment that Florida Statutes Section (8) (2012) prohibited a referendum with regard to a development order, or an amendment to a development order, such as Ordinance No The matter was submitted to the Palm Beach County Circuit Court on cross motions for summary judgment a few months ago and the Circuit Court ruled in favor of the Petitioners. The City subsequently submitted an appeal of the Circuit Court judgment to the Fourth District Court of Appeal. The parties' oral argument was presented on October 1, 2013 and the matter is currently pending before the District Court. In the meantime, as previously stated, the Applicant sought and received an amendment to IDA CRP The amendment, IDA CRP-11-02R1, approved an alternative design that did not rely upon Ordinance No However, IDA CRP-11-02R1 did not repeal or extend the expiration date for IDA CRP The Applicant concludes that due to the pendency of the litigation with regard to the preferred design of the project (IDA CRP-11-02), the resulting legal cloud on the property, and the Florida Legislature's adoption of remedial legislation. during the 2013 regular session, the Applicant has not proceeded with the completion of construction drawings and commencement of construction and as such is requesting an extension of IDA CRP as amended by CRP-11-02R1. This Petition solely requests a 12-month extension to February 27, 2015, to obtain a building permit for IDA CRP as amended by CRP-11-02R1. However, it should be noted that the Applicant seeks to be able to develop either the Original Project, IDA CRP-11-02, (in the event that the City prevails in the ongoing litigation involving Ordinance No. 5203) or pursuant to the Amended Project, IDA CRP-11-02R1. Accordingly, the CRA resolution accompanying this IDA extension has been drafted to allow the Applicant to pursue either of these development options. The Applicant's choice will be irrevocable and will be determined upon the Applicant's submission of plans for a building permit under either the IDA for the Original Project or the IDA for the Amended Project. Development Services staff is recommending approval of the Petition. Except for the extension of the time for expiration, all other provisions of IDA CRP as amended by CRP-11-02R1 shall remain in effect as adopted; provided that an election to develop under CRP (without the amendment set forth in CRP-11-02R1) shall, in any event, require compliance with amended condition number 26(c) [condition related to increasing the number of secured medium term bicycle parking in the project's parking garage] and new condition number 46 [condition regarding the placement of electrical utilities to serve the project in relation to the existing single-family residence (ie: Beeh residence) along East Boca Raton Road] (both as set forth in CRP-11-02R1). FISCAL IMPACT There is no fiscal impact associated with this Petition. Document originated by: Jim Bell, AICP, Planning and & Zoning Manager Development Services Department

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12 CONCLUSIONS OF LAW After having considered the Application for an 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: 1) The development proposed in the Application for the IDA with technical deviations and a transfer ofauthorized development, and conversion of uses, complies with the requirements of the DDRI Development Order and the Rules. 2) This Individual Development Approval (IDA) supersedes and replaces any and all other development approvals issued regarding the Property by the City or any other authority except for the DDRI Development Order and the Rules. 3) The Application for the IDA with technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and off-street vehicular circulation has been considered and approved in accordance with each and every applicable requirement of the DDRI Development Order and the Rules. 4) The Transfer of Authorized Development complies with the DDRI Development Order and the Rules, and has been considered and approved as part of this IDA. 5) The CRA is duly authorized and empowered to grant this IDA and the associated Transfer of Authorized Development. NOW, THEREFORE, IN ACCORDANCE WITH THE REQUIREMENTS OF ORDINANCE NO OF THE CITY OF BOCA RATON AND THE RULES, THE BOCA RATON COMMUNITY REDEVELOPMENT AGENCY [DOES/DOES Non HEREBY GRANT THIS INDIVIDUAL DEVELOPMENT APPROVAL CRP WITH TECHNICAL DEVIATIONS, WITH A TRANSFER OF AUTHORIZED DEVELOPMENT AND CONVERSION OF USES, FOR THE REAL PROPERTY DESCRIBED IN EXHIBIT A, SUBJECT TO THE FOLLOWING CONDITIONS, RESTRICTIONS AND LIMITATIONS: GENERAL 1. The Application for an IDA with technical deviations and a transfer of authorized development and conversion of uses seeks 378-unit residential apartments with 13,448 square feet of retail uses designed with a maximum height of one hundred (100) feet. The following technical deviations are requested: technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and off-street vehicular circulation. If approved, Archstone New Development Holdings, Inc., its heirs, successors and/or assigns are hereby authorized to apply for and receive building permits for the development of the Property based upon the plans dated, February 1, 2012, attached as Exhibit B, subject to the conditions, restrictions and limitations set out in this IDA. 2. Development of the Property, as planned in Exhibit B, shall be carried out in accordance with the provisions of this IDA and shall comply with the DDRI Development Order and Rules including but not limited to the following: 4

13 a) No individual building site shall be cleared in advance of actual construction of a building or buildings unless the cleared site is graded, seeded and mulched within thirty (30) days of completion of clearing. b) During land clearing and site preparation, wetting operations or other soil treatment techniques to control unconfirmed emissions shall be employed, subject to South Florida Water Management restrictions. c) Prior to demolition of any residential or commercial structure, the Developer of a project shall have a visual inspection of the interior of the structure and premises for the purpose of detecting and safely removing any stored hazardous or toxic materials that may be present. In addition, the Developer shall perform an assessment of the property to determine the extent of possible contamination from hazardous or toxic materials. Prior to the issuance of a building permit, the applicant shall demonstrate, to the satisfaction of the Palm Beach County Department of Environmental Resources Management (DERM}, that hazardous materials contamination, if any, has been removed from the subject property and that all required remediation has been effectuated. d) In the event that any archaeological resource, or indication of the presence of an archaeological resource, is discovered during construction, the Applicant shall suspend all construction activity and shall notify the CRA of the discovery of the archaeological resource. e) Within sixty (60) days after commencing development of the Property, all Melaleuca, Brazilian Pepper and Australian Pine which are present on the parcel shall be removed. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shall be no planting of these species on the Property. f) No less than 50 percent of all landscaped areas shall be comprised entirely of native or drought-tolerant plants adapted to soil and climatic conditions occurring on-site. The use of soil improvement techniques to increase water absorption and the holding capacity of the soil, mulches to minimize evaporation and the most water conservative irrigation systems available shall be employed in an effort to minimize irrigation demand and wastage. g) The development of the Property shall employ water-saving plumbing devices, such as toilets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square inch), as specified in the Water Conservation Act, Section , Florida Statutes, to reduce water use. h) The development of the Property shall comply with the Energy Conservation requirements contained in Section 3 (20) and (21) of the DDRI. i) The Development of the Property shall not employ reflective glass on the perimeter of any structure or building. j) The Applicant, its successors or assigns shall: 1) Provide the CRA with an annual travel mode monitoring survey for the occupants of the development; and 2) Make provisions to facilitate public accessibility for taxi services. 5

14 3. The following uses and intensity of uses of development pursuant to the provisions of DDRI Section 2 (3), shall be permitted to be developed on the Property as planned in Exhibit B, subject to each and every condition, requirement and limitation of this Individual Development Approval and the DDRI Development Order and the Rules of the Boca Raton Community Redevelopment Agency: Residential Units Retail (High) 378 units 13,448 square feet This development consists of 140,318 square feet of office equivalent development after adjustment for existing development and demolitions. 4. Within 45 days of the date of approval of this IDA, the owner shall submit revised plans and obtain approval from City Staff Responsible for Public Works Review and the Community Appearance Board reflecting the following changes (to the February 1, 2012, plans attached as Exhibit B): a. A reduction by 11 units in the number of townhomes facing Boca Raton Road from 36 to 25, thereby reducing the total number of residential units from 389 to 378; b. Elimination of parallel parking spaces in the right-of-way of Boca Raton Road; c. Elimination of vehicular access for the townhomes on Boca Raton Road to the parking structures behind the townhomes and the provision of garages with access from Boca Raton Road for each townhome; d. A revised parking layout in the parking structures to reflect the changes in subsection c above; and e. A shared parking analysis (pursuant to and in compliance with the requirements of the DDRI Development Order) for the residential and retail uses fronting Palmetto Park Road shall be submitted to and approved by the Executive Director of the CRA. 5. Pursuant to the Rules of the CRA: a) This IDA shall expire and be of no legal force and effect unless a building permit(s) is issued within 24 months of the date this IDA is adopted by the CRA Board and becomes effective as set forth in Paragraph 48, which deadline shall hereinafter be referred to as the "Building Permit Deadline", or if active development of the Property is abandoned. For the purposes of this condition, active development of the Property shall mean actual construction work on site pursuant to a valid building permit. b) The applicant may request that the CRA Board grant a 12-month extension of the Building Permit Deadline. c) Building permit(s) for this development shall be issued based upon the availability of capacity within a given DDRI threshold as further defined under Chapter 6, Section 4 of the Rules. 6. Prior to the issuance of a main use building permit, the following plans and documents, acceptable to the CRA, shall be provided: 6

15 a) Removal and cleanup of storage tanks or hazardous or toxic materials shall be completed to the satisfaction of Palm Beach County and the Florida Department of Environmental Regulation. 7. Prior to the issuance of a main use building permit, water, sewer, paving and drainage plans for on-site and off-site improvements shall be reviewed and approved by City Staff Responsible for Public Works Review and other required governmental agencies. To ensure timely and complete construction, the owner shall provide a letter of credit, acceptable to the City Attorney, in an amount equal to 110% of the cost of construction for the off-site improvements. 8. Prior to the issuance of a Certificate of Occupancy, all improvements shown on the approved City Staff Responsible for Public Works Review plans shall be constructed and completed as approved and accepted by the City. 9. Prior to the issuance of a main use building permit, the owner shall provide a letter of credit or cash bond, acceptable to the City Attorney, in an amount equal to 110% of the cost of construction, for all construction activity in the public right-of-way Prior to the issuance of a main use building permit, the owner shall obtain approval of plans and necessary permits from the City to design and construct an eight-foot wide (at minimum) unobstructed sidewalk along the north side of East Palmetto Park Road separated from the curb and gutter section. To ensure timely and complete construction, the owner shall provide a letter of credit, acceptable to the City Attorney, in an amount equal to 110% of the cost of construction. Prior to the issuance of a main use building permit, the owner shall execute and deliver to the City for recordation in the public records of Palm Beach County, along with applicable fees, a sidewalk easement.along Palmetto Park Road for all sidewalks encroaching on private property, in the form attached hereto. The owner and/or successor agrees to indemnify and hold harmless the City of Boca Raton, its officers and employees for any claims, losses, damages or injuries to any person arising from any construction, operation, maintenance, repair or replacement of the public sidewalk or use of the easement. The owner and/or successor shall not place landscaping, chairs or tables, including but not limited to movable chairs and tables, on any portion of the easement. 11. Prior to the issuance of a Certificate of Occupancy, construction of a new eight-foot wide sidewalk along the north side of East Palmetto Park Road adjacent to the property shall be completed consistent with the quality and materials used on adjacent sites. 12. Prior to the issuance of a main use building permit, the owner shall obtain approval of plans and necessary permits from the City to design and construct a six-foot wide unobstructed sidewalk along the south side of East Boca Raton Road adjacent to the property separated from the curb and gutter section. To ensure timely and complete construction, the owner shall provide a letter of credit, acceptable to the City Attorney, in an amount equal to 110% of the cost of construction. Prior to the issuance of a main use building permit, the owner shall execute and deliver to the City for recordation, along with applicable fees, a sidewalk easement along Boca Raton Road for all sidewalks 7

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18 parcels will be required to be submitted to City Staff Responsible for Public Works Review prior to a main use building permit application. If the entire site is not constructed in one phase, each phase will be required to stand on its own pertaining to all infrastructure requirements, landscaping, parking and traffic patterns. Each phase will be required to be submitted to the City Staff Responsible for Public Works Review prior to a main use building permit application. A construction plan that includes phasing, staging areas, employee parking, and a traffic maintenance plan will be required for each phase. The petitioner will be required to provide all necessary data for each phase to assure that these requirements are being met. 25. Prior to the issuance of a main use building permit, compliance with the Palm Beach County "Fair Share Contribution for Road Improvements" Ordinance shall be required by payment, if applicable, of an amount to be determined. 26. The development is subject to a Transportation Demand Management (TOM) program in accordance with City Code Section through ; therefore, prior to the issuance of a main use building permit, the owner and all successors in title, shall file a TOM application and plan acceptable to the City. In addition, the owner and all successors in title shall provide to the City, an annual report no later than on January 15 1 h of each year, describing in detail the TDM program implemented for the development. The TDM plan development and implementation process shall include the following strategies and be implemented prior to the issuance of a Certificate of Occupancy. a. Provide reserved priority employee parking spaces for qualifying multiple occupant vehicles (carpool). A signing and marking plan indicating the priority location of employee carpool spaces shall be included on the plans reviewed and approved by City Staff Responsible for Public Works Review. b. Provide facilities for the posting of Transportation Demand Management (TOM) Program Information in a location that is readily visible to employees and residents. This is an area that is used to supply employees and residents information about bus and train schedules, South Florida Commuter Services, name and phone number of the Employee Transportation Coordinator (ETC) and information on flex-time and compressed workweeks. c. Provide sheltered, secure facilities for storage of bicycles in accordance with the numerical requirements of Section , Code of Ordinances. Sheltered, secure facilities for the storage of bicycles shall mean an area on the ground floor that is covered and provides security by means of a locked gate or door or provides an area that is monitored to assure no theft or damage occurs to the bicycles. A plan and detail indicating the location of sheltered, secure bicycle facilities shall be included on the plans reviewed and approved by City Staff Responsible for Public Works Review. d. Ensure the availability of meaningful incentives to the employees and residents on the site who make work trips by modes of transportation other than single occupancy automobiles by providing transit, shuttle, car pool, walking and biking subsidies to employees and residents. 27. The Petitioner shall be responsible for the construction and perpetual maintenance of all the, landscaping, and irrigation improvements that are depicted ori the approved plans as located within the right-of-way of East Boca Raton Road and East Palmetto Park Road. Prior to the issuance of a main use building permit, a revocable license, in the form 10

19 attached hereto, shall be executed and delivered to the City for recordation in the public records of Palm Beach County, along with all applicable fees, that addresses, at a minimum, maintenance, liability, and insurance for the purpose of providing the, irrigation, and landscaping improvements. The owner and/or successor agrees to indemnify and hold harmless the City of Boca Raton, its officers and employees from any and all claims, losses, damages, injuries, or death arising from any construction, operation, maintenance, repair, or replacement related to the landscaping, and irrigation. 28. Prior to the construction of the parallel parking spaces in the right-of-way of East Palmetto Park Road, as part of the required Engineering Permit, the Petitioner shall provide insurance for the purpose of indemnifying the City during construction of the off-site parallel parking spaces. The Petitioner shall obtain City Staff Responsible for Public Works Review approval for the construction. The parallel parking spaces shall be constructed as depicted on the approved plans and shall be completed as approved and accepted by the City The owner and/or successor agrees to indemnify and hold harmless the City of Boca Raton, its officers and employees for any claims, losses, damages or injuries to any person arising from and during the construction of the off-street parallel parking spaces. 29. Prior to the issuance of a main use building permit, the applicant shall execute and deliver to the City for recordation, in the public records of Palm Beach County, in the form attached hereto along with applicable fees, an agreement that provides that the owner is responsible during construction and thereafter to maintain improvements authorized by this IDA in such a manner that the operation and maintenance by the City of the 42" effluent conveyance system on the property is not negatively impacted. The agreement shall further provide that the owner and/or successor shall indemnify and hold harmless the City of Boca Raton, its officers and employees for any claims, losses, damages or injuries to any person arising from any construction, operation, maintenance, repair or replacement on the property that may adversely impact the operation of the effluent conveyance system or adversely impact other properties due to the adverse impact on the effluent conveyance system. The agreement shall provide that except for claims arising from the negligence or gross negligence of the City, owner waives any claims for damages to the Property against the City resulting from circumstances beyond the control of the City. The agreement shall further provide that the owner and/or successor shall provide a bond or insurance in the minimum amount of $1 million to insure against any loss or damage that may be incurred by the City as a result of actions by the owner or successor that causes damage or interruption in the operation and maintenance of the 42" effluent conveyance system and that the liability of the owner or successor shall not be limited to the amount of the insurance or bond. 30. All current and subsequent owners of the property shall include a disclosure in all sales contracts or leases for residential units that said unit is in a mixed-use urban setting and is subject to daytime and nighttime noise levels normally associated with mixed-use urban development. All sales contracts or leases for residential units and commercial leases shall also include a disclosure stating that no reservation of parking is permitted for the buildings along East Palmetto Park Road unless such reservation is made as part of a valet parking plan approved by the Executive Director of the CRA, that solid waste pick-up will be performed by a private hauler not by the City (for the retail component and the 353 residential units in the building fronting on East Palmetto Park Road), that all contracts with the private hauler shall be without recourse to the City and the owner(s) shall be responsible for paying the City solid waste disposal feer. All leases for the residential units along East Boca Raton Road shall include an additional disclosure stating that the private 11

20 garages serving the townhomes/flats in the development shall be used exclusively for the parking of motor vehicles and shall not be converted to any use which would prevent the use of the garage for the purpose of parking a motor vehicle. 31. Prior to the issuance of a main use building permit, the owner shall execute and deliver to the City for recordation, in the public records of Palm Beach County, a declaration of covenants and restrictions, in the form attached hereto together with applicable fees, indicating that solid waste pick-up will be performed by a private hauler and not by the City. All contracts with the private hauler shall be without recourse to the City. The owner(s) shall be responsible for paying the solid waste disposal fee. The declaration of covenants and restrictions shall also indicate that garages serving the townhomes/flats in the development shall be used exclusively for the parking of motor vehicles and shall not be converted to any use which would prevent the use of the garage for the purpose of parking a motor vehicle. 32. All current and subsequent owners of the property shall include a disclosure in all sales contracts to future property owners that said project is included in the City of Boca Raton Downtown Special Assessment Program and subject to special assessment under City of Boca Raton Resolution in accordance with the terms thereof. 33. Prior to the issuance of a main use building permit, a six (6) foot high unpierced masonry wall smoothly finished on both sides shall be constructed along the western boundary of the site from the East Boca Raton Road property line to the "Road Property Height Line" depicted on the site plan, the area of the site which borders an existing single-family residence. 34. Any mechanical equipment/units installed on the building shall be visually screened from view according to Code requirements. 35. Prior to the start of construction of this project, the contractor shall be required to verify the exact location of the City's main irrigation line and meter and associated electrical wiring via hand-digging within twenty feet north of the south property line along East Palmetto Park Road. These utilities shall then be marked and remain marked throughout construction. Any damage to the City's irrigation system be repaired to the Irrigation System Manager's satisfaction prior to issuance of any certificate of occupancy (temporary or permanent) for this site. 36. Prior to the issuance of a main use building permit, elevations and applicable plans shall be revised in accordance with the letter from Urban Design Associates to the City dated January 10, 2012, and applicable urban design review fees shall be paid to the City to ensure that the elevations and applicable plans have been adequately revised, to address the following architectural considerations subject to review and approval by the Community Appearance Board: a. The eastern bridge shall be detailed and articulated slightly different than the western bridge by a differentiation in colors, materials, and details (e.g. columns, pilaster and railings); b. The north side of the eastern bridge shall be detailed and designed consistent with the south elevation of the eastern bridge; 12

21 c. The windows, colors, materials and details (e.g. balconies, columns, pilaster and railings) on the south elevation of buildings A and C shall be modified to differentiate the south elevations of buildings A and C from each other; and, d. The driveways to the parking garages off of East Palmetto Park Road shall be further refined to provide for additional pedestrian safety and traffic calming such as curbless "piazza" design with bollards and special rough surfaced pavers. 37. Prior to the issuance of a main use building permit, the building plan set shall include a gate detail(s) to show how the opening from East Boca Raton Road will be gated for pedestrian access to the landscaped central courtyard ("mews") opening in general alignment with NE 4th Avenue subject to review and approval by the Community Appearance Board. The courtyard gates shall be designed to be able to be opened and closed and locked at any time. 38. Prior to the issuance of a certificate of occupancy, Staff shall confirm that all canopy trees and palms on the site are at a minimum height of twelve ( 12) feet. 39. Prior to the issuance of a main use building permit, abandonment of any utility easements in conflict with the proposed structure shall be completed. Abandonments of public utility easements are subject to City Council approval of an ordinance, after review and comment by all public utilities and all appropriate City Departments. 40. In the event there is any conflict between the terms of this IDA and any other rule, regulation or ordinance of the City of Boca Raton, the terms of this IDA, the DDRI Development Order and the Rules shall control. 41. Prior to the issuance of a main use building permit, the petitioner shall execute and record in the public records of Palm Beach County, a Unity of Title for the subject site in the form attached hereto. 42. The owner shall employ commercially reasonable efforts to limit the aesthetic impact of satellite dishes on the exterior of the buildings through practices such as providing a centralized cable and satellite television system that will provide television and related services to the residential units, or through teasing policies (issued in compliance with applicable law) that require the placement of any satellite dishes on the exterior of the buildings in a manner that minimizes their visibility from adjacent properties. 43. Prior to the issuance of a certificate of occupancy for the main use building, the owner shall contribute $40,000 to the City for the purpose of funding a study of traffic circulation patterns within residential neighborhoods that are located near the area of the DDRI. 44. Prior to the issuance of a main use building permit, the City shall re-stripe southbound NE 5th Avenue at Palmetto Park Road to provide a free-flow westbound right turn from NE 5 1 h Avenue in accordance with City standards, and the owner shall at that time contribute $2,000 to the City to offset the cost of the improvement. 45. Each of these conditions has been offered by the owner for this site plan and the owner has represented to the City of Boca Raton that it is the express intent of the owner to be governed by the conditions contained herein, which conditions shall govern development of the property, and that said conditions shall bind the owner and all successors in title. These conditions are adopted pursuant to the City's authority and all applicable 13

22 provisions of law. Adherence by the owner and successors in title to the owner to these conditions is deemed by the City to be an integral part of its determination that adoption of this resolution is an appropriate exercise of its power to approve the site plan 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 City 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 site plan approval) unlawful pursuant to the City's Code of Ordinances. 46. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. 47. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 48. This Individual Development Approval shall take effect upon the effective date of the accompanying ordinance amendment to the Downtown Development of Regional Impact Ordinance, Ordinance No. 5203, for (SC-11-09) ( ). PASSED AND DULY APPROVED with a quorum present and voting, by the Community Redevelopment Agency of the City of Boca Raton, Florida, this 27th day of February, COMMUNITY REDEVELOPMENT AGENCY CITY OF BOCA RATON PALM BEACH COUNTY, FLORIDA By:~~~;: ~ E3l~ Constance J. S~ Cl13ifiTian 14

23 Legal Description: PARCEL A: Lots 13 through 17, J Mel. STEVENS ADDITION TO BOCA RATONE, according to the Plat thereof as recorded in Plat Book 6, Page 33, of the Public Records of Palm Beach County, Florida, LESS therefrom the South 10 feet. Together with the following described. property: That portion of the 20 foot road right-of-way, lying West of Lot 13, J. Mel. STEVENS ADDITION TO BOCA RA TONE, according to the plat thereof as recorded in Plat Book 6, Page 33, of the Public Records of Palm Beach County, Florida; bounded on the North by the Westerly extension of the North line of Lot 13; bounded on the South by the North right-of-way line of Palmetto Park Road; bounded on the East by the West line of said Lot 13 and bounded on the West by the East line of Lot 4, Block 8, T.M. RICKARD'S SUBDIVISION of the West half (1/2) of Section 20, Township 47 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 7, Page 34 of the Public -Records of Paim Beach County, Florida. - PARCEL B: Commencing at the Southwest corner of Lot 4, Block 8, RICKARD'S SURVEY, of West 1/2 of Section 20, Township 47 South, Range 43 East, as the same is recorded in Plat Book 7, Page 34, Public Records of Palm Beach County, Florida, thence run East along the South line of said Lot 4 (which is the center of Palmetto Park Road) 90 feet to the Point of Beginning for the premises to be conveyed; thence continue East 90 feet along the South line of said Lot 4; thence due North 165 feet; thence West 90 feet; thence South 165 feet to the POINT OF BEGINNING, LESS that portion within the right-of-way of Palmetto Park Road. PARCELC: The West 90 feet, LESS the West 20 feet of the West 180 feet of the South Half of Lot 4, Block 8, T.M. RICKARD'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page 34, of the Public Records of Palm Beach County, Florida., LESS that portion lying within the right-of-way of Palmetto Park Road. PARCEL D: The East 75 feet of the West feet of the North Half of Lot 4, Block 8, of RICKARD'S SURVEY, of the West 1/2 of Section 20, Township 47 South, Range 43 East, Boca Raton, Florida, LESS the North 20 feet for Boca Raton Road according to the Plat recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 7, Page 34. PARCEL E: The East 74.2 feet of the West 84.2 feet of the North 1/2 of Lot 4, Block 8, RICKARD'S SURVEY, of the West 1/2 of Section 20, Township 47 South, Range 43 East, Palm Beach County, Florida, LESS the North 20 feet for Boca Raton according to the Plat thereof, recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 7, Page 34.

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25 PARCEL N: The East 180 feet of the South One-Half of Lot 4, Block 8, T.M. RICKARDS, as recorded in Plat Book 7, Page 34, of the Public Records of Palm Beach County, Florida, a portion of the West One-Half of Section 20, Township 47 South, Range 43 East, Palm Beach County, Florida, LESS the right of way for Palmetto Park Road. PARCEL R: The South Half of Lot 4, Block 8 RICKARDS SURVEY of West Half of Section 20, Township 47 South, Range 43 East, according to the plat thereof, recorded in Plat Book 7, Page 34, Public Records of Palm Beach County, Florida, LESS the South 35 feet thereof for the right-of-way of Palmetto Park Road, and LESS the West 180 feet and LESS the East 230 feet of the South Half of the South half of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 20, Township 47 South, Range 43 East. PARCEL T: The West 130 feet of the East 410 feet of the North One-Half of Lot 4, Block 8, T. M. RICKARD'S SUBDIVISION of the West Half (1/2) of Section 20, Township 47 South Range 43 East, according to the Plat thereof, as recorded in Plat Book 7, Page 34, of the Public Records of Palm Beach County, Florida; LESS therefrom the North 20 feet for Boca Raton Road. PARCEL V: Lot 9, J. Mel. STEVENS ADDITION TO BOCA RATONE, according to the Plat thereof, as recorded in Plat Book 6, Page 33, of the Public Records of Palm Beach County, Florida. PARCELW: The East 1/2 of the East 180 feet of the North 1/2 of Lot 4, LESS the North 20 feet thereof, in Block 8, of T.M. RICKARD'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page 34, of the Public Records of Palm Beach County, Florida. PARCEL X: That part of Lot 4, Block 8, of SUBDIVISION OF THE WEST HALF OF SECTION 20, TOWNSHIP 47 SOUTH, RANGE 43 EAST (a/k/a RICKARD'S SURVEY), according to the Plat thereof as recorded in Plat Book 7, Page 34, of the Public Records of Palm Beach County, Florida. Beginning at a point 180 feet West of the Southeast corner of Lot 4, Block 8, of RICKARD'S SURVEY OF THE WEST HALF OF SECTION 20, TOWNSHIP 47 SOUTH, RANGE 43 EAST, and running West along Palmetto Park Road 50 feet; thence North 165 feet to the center of an alley; thence East along the center of said alley 50 feet; thence South to the POINT OF BEGINNING; EXCEPT the South 35 feet thereof.

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28 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. The anticipated net annual tax increment revenue generated by this proposed development is estimated to be $365, All Findings of Fact not revised by this Amendment to the IDA remain in full force and effect. CONCLUSIONS OF LAW After having considered the Application for 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: 1) The proposed Amendment to the IDA complies with the requirements of the DDRI Development Order and the Rules. 2) Except as expressly provided for in Paragraphs 47 and 48 of this Amendment to the IDA, the provisions of this Amendment to the IDA modify and/or supersede the provisions of IDA CRP-11-02, and, in any event, the ProjecUAmended Project remains subject to the DDRI Development Order and the Rules. 3) The Application for the 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. 4) The CRA is duly authorized and empowered to grant this Amendment to the IDA. NOW, THEREFORE, IN ACCORDANCE WITH THE REQUIREMENTS OF ORDINANCE NO OF THE CITY OF BOCA RATON, AS AMENDED, AND THE RULES, THE BOCA RATON COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY GRANT THIS AMENDMENT TO THE IDA, FOR THE REAL PROPERTY DESCRIBED IN EXHIBIT A, SUBJECT TO THE FOLLOWING CONDITIONS, RESTRICTIONS AND LIMITATIONS AND THE CONDITIONS AND RESTRICTIONS AND LIMiTATIONS ORIGINALLY SET FORTH IN CRP-11-02: GENERAL 1. The Application for an IDA with technical deviations and a transfer of authorized development and conversion of uses seeks 378-unit residential apartments with 13,448 square feet of retail uses designed with a maximum height of one hundred (100) feet. The following technical deviations are requested: technical deviations from Chapter 23 related to driveway design for egress lanes, turn lane requirements, and off-street vehicular circulation. If approved, Archstone New Development Holdings Inc., its heirs, successors and/or assigns are hereby authorized to apply for and receive building permits for the development of the Property based upon the plans dated, February 1, 2012, attached as Exhibit B, subject to the conditions, restrictions and limitations set out in this IDA. Notwithstanding the foregoing. the Application for an Amendment to the IDA seeks site plan modifications altering the building design and architectural features to comply with Ordinance No (disregarding the use of the Interim Design Guidelines allowed by 3

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37 utilize a portion of the remaining square footage within the Threshold, provided such requests are received, in writing by the Agency within fourteen (14) days of the date of publication of the notice. If the sum of the requests from all Small Property Owners and the application for Individual Development Approval received by the Agency is less than the total amount of the available development in the Threshold, then the applic!ltion for Individual Development Approval with a transfer of uses between subareas or building permit application may proceed through the process. If the sum of the request from all small property owners and the application for Individual Development Approval received by the Agency or building permit application exceed the total amount of available development in the Threshold, then the Agency shall consider the requests of all the Small Property Owners prior to consideration of the application received for Individual Development Approval or processing the building permit application. Section 3. Vesting and Guarantees for Individual Development Approvals with 'Transfers of Authorized Development. 1. The Community Redevelopment Agency is authorized to grant Individual Development Approvals with transfers of authorized development between subareas which shall provide for the Vesting of development for a period of five ( 5) years with Guarantees within a Threshold for a maximum of two (2) years. The Vesting and Guarantees within a Threshold shall expire in five (5) years and two (2) years respectively subject to earlier expiration or termination pursuant to these Rules or expiration or termination of the Development Order. Upon expiration or termination of Vesting as provided herein, the applicable IDA shall contemporaneously expire and/or terminate, provided, however, any and all conditions and obligations related to or in connection with the Project or any specific portion, thereof, which is completed or under construction shall survive the expiration or termination of the IDA. 2. In the event that any ofthe following occur, the vesting of all ofthe square footage of the Project for which construction has not commenced, pursuant to a valid building permit, and the transfer of authorized development relative to that square footage shall become null and void: a. The construction of the total square footage of the Required Minimum Vesting Portion of the Project is not commenced, pursuant to a valid building permit, within twenty-four (24) months of the Individual Development Approval with Transfers of Authorized Development between Subareas approval date; b. Active development of the Required Minimum Vesting Portion ofthe Project is abandoned. Active development of the real property shall mean actual construction work on site pursuant to a valid building permit; c. A Certificate of Occupancy is not obtained for the Required Minimum Vesting Portion of the Project within twenty-four (24) months of the date upon which construction commenced, pursuant to a valid building permit; 26

38 d. The applicant does not faithfully comply with, implement and fulfill all conditions, restrictions and requirements of the Individual Development Approval with Transfers of Authorized Development between Subareas; e. A permit is not obtained for all of the development under the IDA within five (5) years or earlier buildout date in the IDA. 3. The minimum percentage of an approved project eligible for a Guarantee within a Threshold shall be determined pursuant to the following chart: FOOTAGE AND/OR MINIMUM PERCENTAGE RESIDENTIAL OF PROJECT ELIGIBLE TO BE GUARANTEED WITHIN A THRESHOLD Under 25,000 square feet 100% or under 10 units on less than one acre 25,001-50,000 square 50% feet or units 50, ,000 square 33% feet or units 100, ,000 25% square feet or over 100 units Over 200,001 square feet 20% /"'\;he Board may grant up to a twelve (12) month extension of the commencement date "--::)for a project, provided that the applicant presents to the Board, in writing, an explanation of the progress made regarding the proposed project and a justification for granting such an extension. The granting of an extension, pursuant to this section, shall be made after a public hearing, noticed in a local newspaper, and posted on the property, at least 7 days prior to the meeting, and the decision to grant or deny a request for extension shall be within the sole discretion of the Community Redevelopment Agency Board. 5. In the event that any of the following occur, the Guarantee within a Threshold for which valid building permits are not in effect shall expire and become null and void: a. Any square footage for which the Vesting has become null and void, as provided in paragraph 2 of this section; b. Any square footage portion of the guarantee not permitted within twenty-four (24) months of the date of the IDA approval provided an extension has been applied for and received. 6. Small Property Owners shall have the right of first refusal to an amount of 27

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