MEMORANDUM. 1) Amendment to Conditional use approval (Resolution No , CA-13-01):

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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: MEMORANDUM DATE: July 31, 2015 TO: FROM: SUBJECT: Mayor and City Council Leif J. Ahnell, C.P.A., C.G. City Manager Amendment to conditional use (CA-13-01), site plan (SPA-13-06) and master plan (SC ) approvals to permit the phased development of an existing 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and a 55,137 square foot office/retail (furniture store) building, deleting the previously approved 9,814 square foot recreational facility (sky diving simulator), and constructing in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height RECOMMENDATION Based on the Development Services Department staff report, I recommend approval of the accompanying resolutions granting modifications to the approved master plan, conditional use and site plan approvals to allow the phased development of an existing 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and a 55,137 square foot office/retail (furniture store) building, deleting the previously approved 9,814 square foot recreational facility (sky diving simulator), and constructing in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height located at 3300 Airport Road. PROPOSED REQUEST 1) Amendment to Conditional use approval (Resolution No , CA-13-01): Allow the deletion of the previously approved 9,814 square foot recreational facility (sky diving simulator) and the construction in its place of a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height pursuant to the Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority; 1 1 Typically, the Planning and Zoning Board approves the site plans for conditional uses. However, pursuant to paragraph 4 of the Use Agreement, "any development" on the subject property must obtain site plan approval from the City Council, regardless of whether the proposed development is permitted or conditional use. In addition, paragraph 3 of the Use Agreement states that development shall be subject to the Amended MOA, which as ro. \6~ Printed on recycled paper. - AN EQUAL OPPORTUNITY EMPLOYER-

2 Page 2 Premier Park SC-13-03R 1/ /CA R 1/ SPA-13-06R 1/ ) Amendment to Site Plan approval (Resolution No , SPA-13-06): Allow an existing (recently constructed) 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and delete the previously approved 9,814 square foot recreational facility (sky diving simulator) and construct in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height, both of which comprise Phase I of development, and a 55,137 square foot office/retail building (40, 124 square feet of office use in four (4) stories and 15,013 square feet of one-story retail (furniture store) use) which comprises Phase II. 3) Amendment to Master Plan approval (Resolution No , SC-13-03): Continue to allow a two phase development. Procedures for Approval of Site Plans and Uses on Airport Lands The subject 15.2-acre property is controlled by the Boca Raton Airport Authority (the "Airport"). 2 Because the property is owned by the Airport and included in the Airport Layout Plan approved by the Federal Aviation Administration ("FAA"), the application of local zoning regulations to airport land subject to federal jurisdiction is established by two documents: 1 )The Use Agreement ("Use Agreement") between the City and the Applicant entered into by the parties in January, 2003; and 2)The Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority ("MOA") entered into by the parties in January, The Use Agreement resulted from litigation between the City and the Applicant and applies solely to the subject 15.2 acres. The MOA applies to construction on all airport lands, including those lands that front on Airport Road (which includes the subject property). Reading the two documents together, as applied to the subject property, Staff has rendered the following determinations as to uses and procedures: 1 )In accordance with the Use Agreement, the restaurant, retail and office uses are approved uses that only require site plan approval from City Council 3 ; 2)Per the MOA, the newly proposed the retail/office building requires conditional use approval from City Council 4 ; 3)Per the Use Agreement, the newly proposed retail/office building (as "any development") requires site plan approval from the City Council 5 ; and applied, requires conditional use approval. Paragraph 3(a) of the Amended MOA requires that proposed conditional uses be approved prior to approval of the site plan. For this reason, the amended conditional use ~etition must be considered by the City Council before taking action on the amended site plan. The property is owned by the State of Florida Board of Trustees of the Internal Improvement Fund. In 1983, the State entered into a 90-year lease of the property to the Boca Raton Airport Authority. 3 Paragraph 6 of the Use Agreement permits a restaurant up to 10,800 gross square feet, general office use up to 100,000 square feet and retail (low) and retail (medium) uses up to 75,000 square feet. The proposed uses, including existing development, do not exceed these thresholds. The area proposed for development is identified as "Other Use Area" on the attachment to the Use Agreement. 4 See paragraph 3(a) of the MOA. The subject property is identified as "non-aviation lands." 2

3 Page 3 Premier Park SC-13-03R 1 / /CA R 1 I S PA-13-06R 1 / ) Pursuant to the MOA, general development parameters to be applied to site plans are those set forth in the R-B-1 (Motel Business District) regulations. Previous Approval On November 13, 2013, the City Council approved the development known as "Premier Park". The approval included Conditional Use approval to allow a 9,814 square foot recreational facility pursuant to the Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority; Site Plan approval to allow the construction of a 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and a 9,814 square foot recreational facility (sky diving simulator), both of which comprise Phase I of development, and a 55,137 square foot office/retail building (40, 124 square feet of office use in four (4) stories and 15,013 square feet of one-story retail (furniture store) use) which comprises Phase II. In addition, two (2) previously approved technical deviations from Section , Code of Ordinances, related to a reduction in reservoir length and off-site vehicular circulation continue to apply to the amended site plan. The previous approval also included a Variation to the City's Engineering Design Standards Manual (VEDSM) related to parking dimensions for twenty nine (29) spaces which remains in effect for this project; and finally, a Master Plan approval to allow the two phased development. Currently, the previously approved 7,000 square foot restaurant with a 1,468 square foot outdoor seating area known as the "Tilted Kilt" has opened and is located just south of the proposed new office/retail building. Zoning and Land Use The subject site is zoned Public Land (PL) with a compatible comprehensive plan future land use designation of Institutional (PI). As noted earlier in this memorandum, development on the property is subject to the terms of certain agreements and the R-B-1 district regulations. Amended Site Plan The property is presently developed with an existing 28,000 square foot storage hangar attached to a three-story, 17,601 square foot office building, a 40-unit fixed-base aircraft operation and a 485-space parking lot. The existing building is located to the rear of the site and the parking is situated between the building and Airport Road. As previously mentioned, the Applicant is proposing to modify Phase I and delete the approved 9,814 square foot recreational facility (sky diving simulator) and construct in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height. The proposed building is depicted on the proposed site plan as Retail Store #1 (2,306 square feet), Retail Store# 2 (2,323 square feet) and Office Bay #1 (1,934 square feet). To accommodate the proposed building footprint, the western setback was reduced from 85' 10" to 83' 4" and the northern setback was reduced from 77' 10" to 75' 2" which continues to meet and exceed the minimum setback requirements pursuant to Code Section Lastly, six (6) parking spaces located to the west of the building entrances were reconfigured to accommodate ADA parking requirements. No other changes to the site plan are proposed with this project. The proposed building 5 See paragraph 4 of the Use Agreement requiring that "any development" on the subject property obtain site plan approval from the City Council. 3

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8 1 WHEREAS, the Development Services Department recommended approval of the 2 Petition; and 3 WHEREAS, the Planning and Zoning Board after proper notice conducted a public 4 hearing on July 23, 2015 to consider the Petition and has submitted its recommendation to the 5 City Council; and 6 WHEREAS, the City Council has reviewed the Petition and has considered the amended 7 site plan pursuant to the criteria set forth in Division 2, Article II, Chapter 28, Code of 8 Ordinances, relating to site plans; now therefore 9 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 11 RATON: Section 1. The Amended Site Plan attached hereto as Exhibit "A" is hereby 14 [approved/denied] for the property described below (the "Property"), subject to the conditions 15 of approval provided in Section 2: A PORTION OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 42 EAST, 18 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL 21 WITH AND FEET SOUTHEAST OF, AS MEASURED AT RIGHT 22 ANGLES TO, THE SOUTHEAST RIGHT OF WAY LINE OF THE SEABOARD 23 AIRLINE RAILROAD WITH THE WEST LINE OF SECTION 7, TOWNSHIP SOUTH, RANGE 43 EAST; SAID POINT BEARS NORTH 00 50'39" WEST, A 25 DISTANCE OF FEET FROM THE SOUTHWEST CORNER OF SAID 26 SECTION 7, SAID POINT BEING FURTHER DESCRIBED AS THE POINT OF 27 INTERSECTION OF THE SOUTHEASTERLY LIMITED ACCESS RIGHT WAY 28 LINE OF 1-95, AS SHOWN ON STATE ROAD DEPARTMENT RIGHT OF WAY 29 MAP, (JOB NO , SHEET 12a, DATED , REVISED LAST, ) AND THE SOUTHERLY RIGHT OF WAY LINE OF NORTHWEST 40TH 31 STREET (AS SHOWN ON THE AFOREMENTIONED MAP) WITH THE WEST 32 LINE OF SAID SECTION 7; THENCE SOUTH 44 41'19" WEST, ALONG A LINE 33 PARALLEL WITH AND FEET SOUTHERLY OF, AS MEASURED AT 34 RIGHT ANGLES TO, THE SAID SOUTHERLY RIGHT OF WAY LINE OF THE 35 SEABOARD AIRLINE RAILROAD, A DISTANCE OF FEET; THENCE 36 SOUTH 45 18'41" EAST ALONG THE NORTHEASTERLY RIGHT OF WAY 37 LINE OF AIRPORT ROAD, AS SHOWN ON ROAD PLAT BOOK 6, PAGES 76 3

9 1 AND 77 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A 2 DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE 3 OF FEET; THENCE SOUTH 45 18'41" EAST A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 44 41'19" EAST A 5 DISTANCE OF FEET; THENCE SOUTH 45 40'18" EAST A DISTANCE 6 OF FEET; THENCE NORTH 44 19'42" EAST A DISTANCE OF FEET; THENCE SOUTH 45 40'18" EAST A DISTANCE OF FEET; 8 THENCE SOUTH 44 19'42" WEST A DISTANCE OF FEET; THENCE 9 NORTH 45 40'18" WEST A DISTANCE OF FEET TO AN 10 INTERSECTION WITH A NON-TANGENT CURVE CONCAVE TO THE 11 SOUTHEAST, WHOSE RADIUS BEARS SOUTH 49 44'37" EAST; HAVING A 12 RADIUS OF FEET AND A CENTRAL ANGLE OF 4 25'56"; THENCE 13 NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET 15 TO THE POINT OF BEGINNING SAID LANDS LYING AND SITUATED IN THE CITY OF BOCA RATON, PALM 18 BEACH COUNTY, FLORIDA, CONTAINING 663, SQUARE FEET ( ACRES) MORE OR LESS Section 2. All previously approved technical deviations from Section ( d), Code of 22 Ordinances, as approved by the City Council in Resolution No shall remain in full 23 force and effect. 24 Section 3. Conditions of Approval (if approved): 25 (1) For purposes of these conditions, the term "Owner" shall include the property 26 owner, applicant, petitioner, lessee, tenant, heirs, successors in title, or any other relevant party 27 having a lawful interest in the Property for which this resolution is granted. 28 (2) The plans and drawings submitted with the building permit application for the site 29 improvements shall be consistent with the plans and drawings submitted by the applicant for 30 this approval, specifically the amended site plan entitled "Premier Park Master Plan," prepared 31 by Mummaw & Associates, Inc., date stamped received by the Development Services 32 Department on June 15 August 20, 201 J ("Amended Site Plan"). 33 (3) The plans and drawings may be modified as required by the Code of Ordinances 34 or by the Community Appearance Board acting within the scope of its powers and duties which 35 are limited to review of the building permit application for consistency with the approved plans. 4

10 1 (4) Approval to delete the previously approved ef-.#:le recreational facility (sky diving 2 simulator) component of the Site Plan and construct in its place a one (1) story, square 3 foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of 4 office), approximately 23 feet in height, shall be subject to approval of the amended conditional 5 use for such use. If the amended conditional use is not approved, all references to or suggesting approval of the (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office) portions of the Site Plan relating to the 9,814 square foot recreational facility use set forth on the Amended Site Plan shall be rendered null and void, and of no further effect. (5) Prior to issuance of the main use building permit, the Owner shall: a) Submit water, sewer, paving and drainage plans for on-site and off-site improvements, if any, shall be reviewed and approved by City Staff Responsible for Public 13 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. b) Obtain a permit from the Airport Authority for all work in the Airport Road right-ofway dedications required by the Airport Authority. The Owner shall be required to comply with any roadway improvements and right-of-way dedications required by the Airport Authority. c) Provide a letter of credit or cash bond, in a form acceptable to the City Attorney, in an amount equal to 110% of the cost of the construction, for all construction activity in the public right-of-way. d) Obtain approval of design plans and necessary permits from the Airport Authority and/or the property owner to the south and the City to design and construct the following improvements: i. A southbound left-turn lane with adequate storage on Airport Road providing access to the project driveway on Airport Road; 5

11 1 ii. A pedestrian walkway connection between the sidewalk along the east side of 2 the office/retail (furniture store) building to the sidewalk along the north side of the movie theater 3 building located on adjacent property to the south; 4 iii. Lighting for the parking areas, pedestrian areas and along the main driveway, as 5 necessary, to keep these areas safe and usable for employees that use alternative 6 transportation; 7 iv. Remove all signage and markings associated with assignment/reservation of 8 parking for individual owners and/or tenants within the plaza; 9 10 v. vi. Restripe the entire parking lot within the Premiere Park site; and Submit a Parking Management Plan. The Parking Management Plan must 11 include provisions for overflow off-site parking for office employees and include details for a 12 parking decal system including enforcement strategies, incentives, and penalties. 13 To ensure timely and complete construction of the above items, the Owner shall provide 14 a letter of credit, in a form acceptable to the City Attorney, in an amount equal to 110% of the 15 cost of construction. 16 e) Execute and deliver to the City for recordation, along with applicable recording 17 fees, two (2) 30-foot wide cross access easements, if applicable, in a form acceptable to the 18 City Attorney, providing for common vehicular access to the abutting parcel to the north at the 19 locations depicted on the Site Plan. [Note: this condition has been satisfied] 20 f) Execute and deliver to the City for recordation, along with applicable recording 21 fees, one thirty (30) foot wide cross-access easement, if applicable, in a form acceptable to the 22 City Attorney, providing for common vehicular access to the abutting parcel to the south at the 23 location depicted on the Site Plan. [Note: this condition has been satisfied.] 24 g) Execute and deliver to the City for recordation, along with all applicable fees, a 25 restrictive covenant, in a form acceptable to the City Attorney, attached hereto as Exhibit "B". 26 [Note: this condition has been satisfied.] 6

12 1 h) Each phase of the Site Plan shall be required to independently comply with all 2 infrastructure requirements, landscaping, parking and traffic patterns. The plans for each 3 phase, demonstrating compliance with this condition, shall be submitted to and approved by the 4 City Staff responsible for Public Works Review prior to the issuance of a main use building 5 permit i) (6) a) Submit written evidence of approval of the Site Plan by the Airport Authority. Prior to the issuance of a certificate of occupancy, the Owner shall: Remit payment for the voluntarily agreed upon contribution of $1, ,500 to the City's Beautification Program. [Note: the previous amount has been paid]. b) File a Transportation Demand Management (TOM) application and plan acceptable to the City. In addition the Owner shall provide to the City, an annual report no later than January 15 1 h of each year, describing in detail the TOM program implemented for the development. The TOM plan development and implementation process shall include the following: i. Designate an individual to act as the TOM program coordinator. This person will 16 be the contact person between Premier Park and the City and shall monitor all TOM program 17 activities for Premier Park, disseminate information and act as a resource of information for 18 employees; 19 ii. Provide facilities for the posting of Transportation Demand Management (TOM) 20 program information in a location that is readily visible to employees. This is an area that is 21 used to supply employees information about bus and train schedules, South Florida Commuter 22 Services, name and phone number of the Employee Transportation Coordinator (ETC) and 23 information on flex time and compressed workweeks; 24 iii. Provide reserved priority employee parking spaces for qualifying multiple 25 occupant vehicles (carpool). A signing and marking plan indicating the priority location of 7

13 1 employee carpool spaces shall be included on the plans reviewed and approved by City Staff 2 Responsible for Public Works Review; 3 iv. Provide sheltered, secure facilities for storage of bicycles. Sheltered, secure 4 facilities for the storage of bicycles shall mean an area that is covered and provides security by 5 means of a locked gate or door or provides an area that is monitored to assure no theft or 6 damage occurs to the bicycles. A plan and detail indicating the location of sheltered, secure 7 bicycle facilities shall be included on the plans reviewed and approved by City Staff Responsible 8 for Public Works Review; 9 v. Provide shower and locker facilities for employees on the basis of the following 10 minimum criteria. Gross square footage of shower and locker facilities shall be excluded from 11 calculations for required off-street parking. The proposed office building shall provide one (1) 12 shower per gender for square footages 12,500 to 24,999, two (2) showers per gender for square 13 footages 25,000 to 49,999 and three (3) showers per gender for square footages in excess of 14 50,000 square feet. Clothing lockers shall be provided at a rate of three (3) lockers per required 15 shower; 16 vi. Ensure the availability of meaningful incentives to the employees on the Property 17 who make work trips by modes of transportation other than single occupancy automobiles by 18 providing significant transit, shuttle, car pool, walking and biking subsidies to employees; and 19 vii. Utilize tenant leases that educate and provide incentives for employees to 20 participate in the Premier Park TOM and parking management program c) Demonstrate compliance with the Palm Beach County "Fair Share Contribution for Road Improvements" Ordinance by submission of evidence of payment, if applicable, of an amount to be determined. d) Complete and obtain approval for all improvements shown on the approved Public Works Review plans including both off-site and on-site improvements. 8

14 1 e) Complete the construction of improvements described in Condition 5(d), and 2 have such improvements accepted by the appropriate jurisdiction(s). 3 (7) The shared parking analysis submitted by the Owner Petitioner is approved based 4 upon the characteristics of the tenant mix and uses proposed on the Site Plan. Any application 5 to the City for a new or transferred business tax receipt and certificate of use (or for a certificate 6 of use only, if no business tax receipt is required) for a new business ('.'Heplacement Tenant") to 7 operate on the.ewoperty shall include, in addition to such application, a worksheet summary of 8 all uses on the Property consistent with the submitted parking analysis including: 9 a) An update of the shared parking analysis. Failure of the Owner to comply with 10 and/or provide adequate parking based on the shared parking analysis shall render this 11 approval null and void and of no effect; and 12 b) Evidence, to the City's satisfaction, that the new business ("Replacement 13 Tenant") has similar parking characteristics as the currently proposed tenant. 14 Should the City's Traffic Engineer determine that the updated shared parking analysis 15 demonstrates that the new business ("Replacement Tenant") has characteristics inconsistent 16 with the findings that support the shared parking analysis granted herein, this approval shall 17 become null and void the new business shall not be approved to operate on the Property. 18 (8) Each of these conditions has been offered by the Ovvner for this Site Plan, and 19 the Owner has represented to the City of Boca Raton that it is the express intent of the Owner to 20 be governed by the conditions contained herein, which conditions shall govern development of 21 the Property, and that "Said conditions shall bind the Owner. These conditions are adopted 22 pursuant to the City's authority and all applicable provisions of lav.'. Adherence by the Ovmer to 23 these conditions is deemed by the City to be an integral part of its determination that adoption of 24 this resolution is an appropriate exercise of its pmver to approve the Site Plan with respect to 25 the Property described in Section 1. If any condition (including voluntary proffers) set forth 26 herein is declared invalid or unenforceable for any reason, the City expresses its intent that it 9

15 1.vould not have enacted this resolution.vithout each of said conditions. In addition to any and 2 all available remedies, failure to abide by each of these conditions may result in the revocation 3 of this development approval and the rendering of the development (and the use of the Property 4 as contemplated in this site plan approval) unla.vful pursuant to the City's Code of Ordinances. 5 Section 4. Each of these conditions has been offered by the Owner for this 6 Amendment to the Site Plan, and the Owner has represented to the City of Boca Raton that it is 7 the express intent of the Owner to be governed by the conditions contained herein, which 8 conditions shall govern development of the Property, and that said conditions shall bind the 9 Owner. These conditions are adopted pursuant to the City's authority and all applicable 10 provisions of law. Adherence by the Owner to these conditions is deemed by the City to be an 11 integral part of its determination that adoption of this resolution is an appropriate exercise of its 12 power to approve the Amended Site Plan with respect to the Property described in Section If any condition (including voluntary proffers) set forth herein is declared invalid or 14 unenforceable for any reason, the City expresses its intent that it would not have enacted this 15 resolution without each of said conditions. In addition to any and all available remedies, failure 16 to abide by each of these conditions may result in the revocation of this development approval 17 and the rendering of the development (and the use of the Property as contemplated in this 18 Amended Site Plan approval) unlawful pursuant to the City's Code of Ordinances. 19 Section 5. Expiration of Approval: 20 This amended site plan approval is subject to the duration period contained in the 21 conditional use approval for the retail/office building (CA R1/ ) and shall 22 expire at that time, and be null and void and of no further effect, unless a building permit for 23 improvements approved by this resolution has been issued. Thereafter, the amended Site Plan 24 shall remain in effect only with respect to improvements for which such permit has been timely 25 issued and construction has proceeded thereunder through issuance of a certificate of 10

16 1 completion (and shall be null and void and of no further effect with respect to improvements for 2 which no permit has been issued, the permit has expired, or has been abandoned). 3 Section 6. If any section, subsection, clause or provision of this resolution is held invalid, 4 the remainder shall not be affected by such invalidity. 5 Section 7. All resolutions or parts of resolutions in conflict herewith shall be and hereby 6 are repealed. 7 Section 8. This amended site plan approval is contingent upon approval of the amended 8 master plan for Premier Park (SC-13-03) ("Master Plan") and shall not become effective unless 9 and until both the Amended Master Plan and the Amended Conditional Use is approved by the 10 City Council. The conditions contained in Section 3 may be revised by the City Council as part 11 of its adoption of that development order without further action of the Planning and Zoning 12 Board. 13 PASSED AND ADOPTED by the City Council of the City of Boca Raton this day 14 of, ATTEST: Susan S. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA Susan Haynie, Mayor 11

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21 DEVELOPMENT SERVICES DEPARTMENT, BOCA RATON, FLORIDA PLANNING REPORT Planning & Zoning Agenda Date: Case No.: SC-13-03R 1/ / CA R1/SPA-13-06R1/ July 23, 2015 An amendment to conditional use (CA-13-01), site plan (SPA-13-06) and master plan (SC-13-03) approvals to permit the phased development of an existing 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and a 95,137 square foot office/retail (furniture store) building, deleting the previously approved 9,814 square foot recreational facility (sky diving simulator), and constructing in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height, for Premier Park located at 3300 Airport Road. Recommendation: F"""fy Harris, Director introduction Douglas A. Mummaw, AlA, NCARB, agent for Premier Aviation of Boca Raton, LLC ("Applicant"), requests approval of an amendment to the following applications for a development known as "Premier Park" situated on the east side of Airport Road between the Cinemark Palace 20 movie theater and City/Ashley Furniture: 1) Amendment to Conditional use approval (Resolution No ,CA-13-01): Allow the deletion of the previously approved 9,814 square foot recreational facility (sky diving simulator) and the construction in its place of a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height pursuant to the Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority; 1 1 Typically, the Planning and Zoning Board approves the site plans for conditional uses. However, pursuant to paragraph 4 of the Use Agreement, "any development" on the subject property must obtain site plan approval from the City Council, regardless of whether the proposed development is permitted or conditional use. In addition, paragraph 3 of the Use Agreement states that development shall be subject to the Amended MOA, which as applied, requires conditional use approval. Paragraph 3(a) of the Amended

22 SC-13-03R 1 / /CA R 1 /SPA-13-06R 1/ Premier Park Amendment Page2 2) Amendment to Site Plan approval (Resolution No , SPA-13-06): Allow an existing (recently constructed) 7,000 square foot restaurant with a 1,468 square foot outdoor seating area and delete the previously approved 9,814 square foot recreational facility (sky diving simulator) and construct in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height, both of which comprise Phase I of development, and a 55,137 square foot office/retail building (40, 124 square feet of office use in four (4) stories and 15,013 square feet of one-story retail (furniture store) use) which comprises Phase II. 3) Amendment to Master Plan approval (Resolution No , SC-13-03): Continue to allow a two phase development. Procedures for Approval of Site Plans and Uses on Airport Lands The subject 15.2-acre property is controlled by the Boca Raton Airport Authority (the "Airport"). 2 Because the property is owned by the Airport and included in the Airport Layout Plan approved by the Federal Aviation Administration ("FAA"), the application of local zoning regulations to airport land subject to federal jurisdiction is established by two documents: 1) The Use Agreement ("Use Agreement") between the City and the Applicant entered into by the parties in January, 2003; and 2) The Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority ("MOA") entered into by the parties in January, The Use Agreement resulted from litigation between the City and the Applicant and applies soley to the subject 15.2 acres. The MOA applies to construction on all airport lands, including those lands that front on Airport Road (which includes the subject property). Reading the two documents together, as applied to the subject property, Staff has rendered the following determinations as to uses and procedures: 1) In accordance with the Use Agreement, the restaurant, retail and office uses are approved uses that only require site plan approval from City Council 3 ; 2) Per the MOA, the newly proposed the retail/office building requires conditional use approval from City Council 4 ; 3) Per the Use Agreement, the newly proposed retail/office building (as "any development") requires site plan approval from the City Council 5 ; and 4) Pursuant to the MOA, general development parameters to be applied to site plans are those set forth in the R-B-1 (Motel Business District) regulations. MOA requires that proposed conditional uses be approved prior to approval of the site plan. For this reason, the amended conditional use petition must be considered by the City Council before taking action on the amended site plan. 2 The property is owned by the State of Florida Board of Trustees of the Internal Improvement Fund. In 1983, the State entered into a 90-year lease of the property to the Boca Raton Airport Authority. 3 Paragraph 6 of the Use Agreement permits a restaurant up to 10,800 gross square feet, general office use up to 100,000 square feet and retail (low) and retail (m~dium) uses up to 75,000 square feet. The proposed uses, including existing development, do not exceed these thresholds. The area proposed for development is identified as "Other Use Area" on the attachment to the Use Agreement. 4 See paragraph 3(a) of the MOA. The subject property is identified as "non-aviation lands." 5 See paragraph 4 of the Use Agreement requiring that "any development" on the subject property obtain site plan approval from the City Council.

23 SC-13-03R 1 / /CA R 1 /SPA-13-06R 1/ Premier Park Amendment Page3 Previous Approval On November 13, 2013, the City Council approved the development known as "Premier Park". The approval included Conditional Use approval to allow a 9,814 square foot recreational facility pursuant to the Amended and Restated Memorandum of Agreement between the City and the Boca Raton Airport Authority; Site Plan approval to allow the construction of a 7,000 square foot restaurant with. a 1,468 square foot outdoor seating area and a 9,814 square foot recreational facility (sky diving simulator), both of which comprise Phase I of development, and a 55,137 square foot office/retail building (40, 124 square feet of office use in four (4) stories and 15,013 square feet of one-story retail (furniture store) use) which comprises Phase II. In addition, two (2) previously approved technical deviations from Section , Code of Ordinances, related to a reduction in. reservoir length and off-site vehicular circulation continue to apply to the amended site plan. The previous approval also included a Variation to the City's Engineering Design Standards Manual (VEDSM) related to parking dimensions for twenty nine (29) spaces which remains in effect for this project; and finally, a Master Plan approval to allow the two phased development. Currently, the previously approved 7,000 square foot restaurant with a 1,468 square foot outdoor seating area known as the "Tilted Kilt" has opened and is located just south of the proposed new office/retail building. Zoning and Land Use The subject site is zoned Public Land (PL) with a compatible comprehensive plan future land use designation of Institutional (PI). As noted earlier in this report, development on the property is subject to the terms of certain agreements and the R-B-1 district regulations. Amended Site Plan The property is presently developed with an existing 28,000 square foot storage hangar attached to a three-story, 17,601 square foot office building, a 40-unit fixed-base aircraft operation and a 485-space parking lot. The existing building is located to the rear of the site and the parking is situated between the building and Airport Road. As previously mentioned, the Applicant is proposing to modify Phase I and delete the approved 9,814 square foot recreational facility (sky diving simulator) and construct in its place a one (1) story, 6,563 square foot retail/office building (containing 4,629 square feet of retail use and 1,934 square feet of office), approximately 23 feet in height. The proposed building is depicted on the proposed site plan as Retail Store #1 (2,306 square feet), Retail Store# 2 (2,323 square feet) and Office Bay #1 (1,934 square feet). To accommodate the proposed building footprint, the western setback was reduced from 85' 10" to 83' 4" and the northern setback was reduced from 77' 10" to 75' 2" which continues to meet and exceed the minimum setback requirements pursuant to Code Section Lastly, six (6) parking spaces located to the west of the building entrances were reconfigured to accommodate ADA parking requirements. No other changes to the site plan are proposed with this project. The proposed building still complies with the development parameters of the R-B-1 zoning district and the 50 foot height limit set forth in the MOA.

24 SC-13-03R 1 / /CA R 1 /SPA-13-06R 1/ Premier Park Amendment Page4 Vehicular access will continue to be provided through one existing full access driveway connection on Airport Road (classified as a major driveway) and cross-access connections with the sites to the south and north. Parking The individual land uses included would require a total of 483 parking spaces by City Code rates while 387 parking spaces are provided on the subject site. It should be noted that the owner of the Premier Park site (Premier Aviation) has entered into a parking agreement with the. adjacent owner of the movie theater to the south (Muvico). The parking agreement allows the Premier Park. site the use of 285 parking spaces located in Muvico's parking garage at daytime. Additionally, the parking agreement allows the Muvico site the use of 129 parking spaces located in the Premier Park surface lot at nighttime. Therefore, the parking supply available for the Premier Park site fluctuates resulting in an available parking supply of 672 parking spaces at daytime and 258 parking spaces at nighttime. However, the proposed Premier Park site includes aviation, office, retail, and restaurant land uses; consequently, the mixed-use nature of the development enables utilization of shared parking.. In shared parking, the different peaking characteristics of the various land uses can be considered for a more efficient parking scheme. The project's traffic consultant performed a shared parking analysis based on the Urban Land Institute's Shared Parking Manual for the combination of the proposed uses and the parking agreements made with the Muvico site. The site's peak shared parking demand is estimated as provided below:..... NihL > (7:00 PM~S:OO PM Peak Demand Supply Parking Surplus Available Based on the analysis performed, the proposed daytime supply of 672 self-parking spaces will be 275 spaces greater than the anticipated peak demand, which occurs on a weekday from 2:00 PM to 3:00 PM. The proposed nighttime supply of 258 self-parking spaces will be 11 spaces greater than the anticipated peak demand, which occurs on a weeknight from 7:00 PM to 8:00 PM. Therefore, the proposed parking supply is anticipated to meet the site's shared parking demand and adequate parking is provided.

25 SC-13-03R 1 / /CA R 1 /SPA-13-06R 1/ Premier Park Amendment Page 5 Traffic Analysis and Previously Approved Technical Deviations The proposed development is expected to result in a net decrease of 255 daily trips, a net increase of 3 AM peak hour trips and a net decrease of 23 PM peak hour trips. The study was reviewed by the Palm Beach County Traffic Engineer who found that the project met the Palm Beach County Traffic Performance Standards subject to "provision of exclusive southbound-left lane with adequate storage at the proposed site main entrance driveway along City maintained Airport Road." Additionally, the project is liable for fair share road impact fees. Two (2) previously approved technical deviations from City Co<;Je Section (d) for decreased reservoir length and Section (h) related to off-site vehicular circulation continue to apply to this proposed amendment. The previous approval also included a Variation to the City's Engineering Design Standards Manual (VEDSM) related to parking dimensions for 29 spaces which remains in effect. Amended Conditional Use The proposed conditional use is required for change in use pursuant to the MOA, which includes the deletion of the previously approved 9,814 square foot recreational facility (sky dive simulator) and the construction of a proposed one (1) story, 6,563 square foot retail/office building. A review of the conditional review criteria revealed no concerns or objections to the proposed use. Amended Master Plan The proposed master plan as amended continues to be is scheduled to be completed in two (2) phases. The restaurant and recreational use are proposed as Phase I and the office building/retail store is proposed as Phase II. Because all parking, access and infrastructure improvements either exist or will be completed in Phase I, Staff finds no adverse impact will result from approval of a phased plan. External Agency Review Paragraph 3(b) of the Use Agreement stipulates that approval of the site plan shall be secured from the Airport Authority prior to filing of an application to the City. However, the Airport Authority will not provide final approval unless it can also concurrently approve any lease with a proposed tenant. Conversely, no tenant will sign a lease without approval of the site plan being granted by the City. To address this quandary, a condition has been added to the development order requiring evidence of final approval prior to the issuance of a main use building permit. Review Criteria Criteria for Consideration of Site Plans Pursuant to Code Section Pursuant to Section 28-54, the Planning and Zoning Board, after review of the site plan, application and other materials, shall either approve the site plan, not approve the site plan or approve the site plan conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions as the Board may determine to be reasonable and necessary to

26 SC-13-03R 1/ /CA R 1/SPA-13-06R 1/ Premier Park Amendment Page 6 protect and further the comprehensive plan. The Planning and Zoning Board shall consider, but the consideration shall not be limited to, the following factors when reviewing a site plan: (a) (b) (c) (d) (e) (f) (g) (h) (i) All Code and other technical regulation requirements. The method of pedestrian and vehicular ingress and egress. Internal traffic circulation and vehicular parking, and the traffic impact upon abutting properties, particularly where the abutting properties are residential. Screening, landscaping and lighting. Environmental pollution, including noise, light and air. Garbage and refuse collection. Surface water drainage. Water supply and sewer collection. Energy conservation and efficiency. 0) Location of structures and uses on the site plan. (k) (I) (m) (n) The relationship of the site plan to existing or planned transportation, utility and public. facilities, any deficiencies in such location, and the curing of such deficiencies. Compatibility of proposed use with adjacent uses. The availability of utility easements to provide municipally franchised electric, telephone, cable television, or other services. Any other factor that would promote and further the health, safety, and welfare of the community and the Comprehensive Plan. Criteria for Consideration of Conditional Uses Pursuant to Code Section Pursuant to Section of the Code, the following standards shall be met by all applicants for approval of a conditional use: (a) (b) (c) (d) (e) (f) (g) The use is compatible with present, existing or planned development in the area proposed for the use; The use will not adversely affect population densities, light, air, and natural resources, including native ecosystems; The character of the district is suitable for the particular use requested; The use is consistent with the needs of the City for land areas for specific purposes to serve population and economic activities; The use will not create an adverse impact on playgrounds, parks, schools and public and private recreation areas; Adequate infrastructure is available, including roadway capacity and suitability, water and sewer service, drainage, parks, solid waste service and other infrastructure required for the use; The use will not necessitate the construction, installation or improvement of additional infrastructure not currently included in the first three years of the capital improvements element of the Comprehensive Plan or provided by other providers;

27 SC-13-03R 1/ /CA R 1/SPA-13-06R 1/ Premier Park Amendment Page 7 (h) (i) The use is consistent with the Comprehensive Plan; Parking facilities, entrances and exits are adequate; and U) The use will not adversely affect the public health, safety comfort, convenience, order, appearance, general welfare and the City tax base. Criteria for Consideration of Master Plans Pursuant to Section (a) (b) The Planning and Zoning Board shall consider all aspects of the master plan necessary to meet the intent of the PO regulations and shall consider the recommendations and comments of staff, departments, reviewing agencies and applicable advisory boards. The City Council shall either approve, approve with modifications or conditions, or deny the master plan, or may refer the master plan to any board of the City for further consideration. In making its decision, the City Council shall consider all aspects of the master plan necessary to meet the intent and requirements of the PO regulations and comprehensive plan. The City Council shall make such investigations as may be deemed reasonably necessary to ensure the conformity with the intent and requirements of the PO regulations and comprehensive plan. Recommendation Based upon Staff's review, the Development Services Department recommends APPROVAL of the amended master plan, amended conditional use, and amended site plan (Case No. SC-13-03R1/ /CA R1/SPA-13-06R1/ ) subject to the conditions included in the attached resolutions. Project Planner: Susan P. Lesser, Senior Planner Q:\P-Z\P-Z\ZONING CASES\SITE SPECIFIC PROJECTS\AIRPORT RD 3300\SCCA SPA\Premier Park\Staff Report doc

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29 8.5. A building and/or buildings in conformance with Section 2.03(L)(Additional Permitted Use for Phase Ill Projects). The total maximum square feet of rentable buildings for the Phase Ill Projects shall not exceed 112,000 square feet." WHEREAS, Section 2.03(L), which was added to the Premier Lease Agreement by the Second Amendment, allows for any use permitted by the Amended and Restated Memorandum of Agreement between the City of Boca R?ton and Boca Raton Aviation Authority dated January 30, 2008 (the ''MOA"), provided that 49% of the rentable area of Phase Ill is maintained for aviation LJse; WHEREAS, on January 21, 2015, pursuant to Resolution No , the Authority approved the Third Amendment to the Premier Lease (the "Third Amendment"), which deleted Section B.4 of Exhibit D and replaced it with the following: "B.4. A restaurant/retail/office building or buildings, including a themed restaurant, consisting of a minimum of 15,000 square feet (restaurant/office/retail), hereafter referred to as Phase II Project." WHEREAS, Premier has requested the Authority's approval to modify the approved Phase to site plan to replace the 9,814 square foot, four story 1-Fly theme restaurant with a proposed 6,563 square foot (the "Modified Site Plan"), one story multi-use Retail/Fast Food/Office Building, and the_ Authority desires to give its approval, subject to comments and approval of the City of Boca Raton (the "Conditions"). NOW THEREFORE BE IT RESOLVED BY THE BOCA RATON AIRPORT AUTHORITY, BOCA RATON, FLORIDA, IN PUBLIC MEETING DULY ASSEMBLED, THIS 21ST DAY OF JANUARY, 2015, AS FOLLOWS: 1. The foregoing recitals are hereby incorporated as the legislative intent of the Authority. 2. The Authority hereby conditionally approves the Modified Site Plan, subject to the Conditions. 3. The Authority hereby authorizes the Executive Director and Airport Legal Counsel to do all things necessary or prudent to.effectuate the intent of this Resolution Number The Authority hereby authorizes the Chair or Vice~Chair to execute Resolution Number 01" ADOPTED by the Boca Raton Airport Authority, this 21st day of December, ATTEST: BOCA RATON AIRPORT AUTHORITY: Bruce Benefield Secretary & Treasurer \\

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31 1 the City Council; and 2 WHEREAS, the public notice and publication provisions of Section , Code of 3 Ordinances, for public hearings before both the Planning and Zoning Board and City Council 4 have been satisfied; and 5 WHEREAS, the City Council upon review of the Petition, the recommendations of City 6 staff and the Planning and Zoning Board, finds that the requirements,of Article XVII, Planned 7 Development in Chapter 28, Zoning, of the Code of Ordinances, have been satisfied; now 8 therefore 9 10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 11 RATON: Section 1. The Master Plan for Premier Park allowing for phased development for the 14 following described property ("Property") is hereby approved, subject to the conditions 15 described in Section 2 (if approved): A PORTION OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 42 EAST, 18 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL 21 WITH AND FEET SOUTHEAST OF, AS MEASURED AT RIGHT 22 ANGLES TO, THE SOUTHEAST RIGHT OF WAY LINE OF THE SEABOARD 23 AIRLINE RAILROAD WITH THE WEST LINE OF SECTION 7, TOWNSHIP SOUTH, RANGE 43 EAST; SAID POINT BEARS NORTH 00 50'39" WEST, A 25 DISTANCE OF FEET FROM THE SOUTHWEST CORNER OF SAID 26 SECTION 7, SAID POINT BEING FURTHER DESCRIBED AS THE POINT OF 27 INTERSECTION OF THE SOUTHEASTERLY LIMITED ACCESS RIGHT WAY 28 LINE OF 1-95, AS SHOWN ON STATE ROAD DEPARTMENT RIGHT OF WAY 29 MAP, (JOB NO , SHEET 12a, DATED , REVISED LAST, ) AND THE SOUTHERLY RIGHT OF WAY LINE OF NORTHWEST 40TH 31 STREET (AS SHOWN ON THE AFOREMENTIONED MAP) WITH THE WEST 32 LINE OF SAID SECTION 7; THENCE SOUTH 44 41'19" WEST, ALONG A LINE 33 PARALLEL WITH AND FEET SOUTHERLY OF, AS MEASURED AT 34 RIGHT ANGLES TO, THE SAID SOUTHERLY RIGHT OF WAY LINE OF THE 35 SEABOARD AIRLINE RAILROAD, A DISTANCE OF FEET; THENCE 36 SOUTH 45 18'41" EAST ALONG THE NORTHEASTERLY RIGHT OF WAY 37 LINE OF AIRPORT ROAD, AS SHOWN ON ROAD PLAT BOOK 6, PAGES 76 2

32 1 AND 77 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A 2 DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE 3 OF FEET; THENCE SOUTH 45 18'41" EAST A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 44 41'19" EAST A 5 DISTANCE OF FEET; THENCE SOUTH 45 40'18" EAST A DISTANCE 6 OF FEET; THENCE NORTH 44 19'42" EAST A DISTANCE OF FEET; THENCE SOUTH 45 40'18" EAST A DISTANCE OF FEEl; 8 THENCE SOUTH 44 19'42" WEST A DISTANCE OF FEET; THENCE 9 NORTH 45 40'18" WEST A DISTANCE OF FEET TO AN 10 INTERSECTION WITH A NON-TANGENT CURVE CONCAVE TO THE 11 SOUTHEAST, WHOSE RADIUS BEARS SOUTH 49 44'37" EAST; HAVING A 12 RADIUS OF FEET AND A CENTRAL ANGLE OF 4 25'56"; THENCE 13 NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET 15 TO THE POINT OF BEGINNING SAID LANDS LYING AND SITUATED IN THE CITY OF BOCA RATON, PALM 18 BEACH COUNTY, FLORIDA, CONTAINING 663, SQUARE FEET, 19 ( ACRES} MORE OR LESS Section 2. Approval of the Master Plan is conditioned upon the following requirements 22 which shall be in addition to the general requirements otherwise provided by ordinance: 23 (1) The plans and drawings submitted with the building permit application shall be 24 consistent with the plans and drawings submitted by the Petitioner, specifically the master site 25 plan entitled, "Premier Park Master Plan" date stamped received by the Department of 26 Development Services on August 20, 2013, prepared by Mummaw & Associates, Inc., attached 27 as Exhibit "A" ("Master Plan"). 28 (2) Each phase shall be required to stand on its own merits pursuant to all 29 requirements of the City Code including, but not limited to, parking space requirements, 30 setbacks, and access. 31 (3) The plans and drawings may be modified as required by the Code of Ordinances 32 or by the Community Appearance Board acting within the scope of its powers and duties which 33 are limited to review of the building permit application for consistency with the approved plans. 34 Section 3. If approved, the Master Plan as described herein shall be subject to 35 compliance with the conditions of approval set forth in Resolution No , adopted by 36 City Council on November 13, 2013 attached hereto as Exhibit "1." A violation of any such 3

33 :' 1 conditions shall constitute a violation under this development order. 2 Section 4. Approval of the recreational facility (sky diving simulator) component of the 3 Master Plan shall be subject to approval of conditional use for such use. If the conditional use is 4 not approved, all portions of the Master Plan relating to the 9,814 square foot recreational 5 facility set forth on the Master Plan shall be rendered null and void, and of no further effect. 6 Section 5. If any section, subsection, clause or provision of this resolution is held invalid, 7 the remainder shall not be affected by such invalidity. 8 Section 6. The Master Plan approval hereby granted shall have a duration period of 9 eighteen (18) months from the date of adoption of this resolution and shall expire at that time 10 and be null and void and of no further effect, unless a main use building permit has been issued. 11 Thereafter, the Master Plan approval shall remain in effect only with respect to improvements 12 for which such permit and construction has proceeded thereunder through issuance of a 13 certificate of occupancy (and shall be null and void and of no further effect with respect to 14 improvements for which no permit has been issued, the permit has expired or has been 15 abandoned.) 16 Section 7. All resolutions. or parts of resolutions in conflict herewith shall be and hereby 17 are repealed. 18 Section 8. This resolution shall take effect immediately upon adoption, except that the 19 recreational facility (sky diving simulator) component of the Master Plan shall take effect after 20 Resolution No , approving the conditional use, becomes effective. If the conditional 21 use is not approved, then the recreational facility (sky diving simulator) component of the Master 22 Plan shall be null and void and of no further effect

34 :;;~..cfi PASSED AND ADOPTED by the City Council of the City of Boca Raton this~/ J_ day of N~b.?r:,2013. I CITY OF BOCA RATON, FLORIDA 8 ATIEST: 9 10 g k414 dj ~:/a.- 13 SasanS: Saxton, Citytle Susan Whelchel, Mayor / l.c}(l 23 5

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36 : " f approved by the City Council by Resolution No. 23~2003 on January 14, 2003; and WHEREAS, the City and the Airport Authority amended the MOA by that certain Amended and Restated Memorandum of Agreement, dated January 30, 2008 ("Amended MOA"); and WHEREAS, the Amended MOA was approved by the City Council pursuant to Ordinance No on January 23, 2008; and WHEREAS, an application has been submitted to use certain Property as described herein for the purpose of constructing a 9,814 square foot recreational facility (sky dive simulation), CA~13-01/ (the "Petition"); and WHEREAS, pursuant to the Amended MOA, the proposed recreational facility (sky diving simulator) requires conditional use approval from the City Council, following a public hearing before and recommendation by the Planning and Zoning Board; and WHEREAS, the Development Services Department recommended approval of the Petition; and. WHEREAS, the Planning and Zoning Board after proper notice conducted a public hearing on October 3,.2013 to consider the Petition and has submitted fts recommendation to the City Council; and WHEREAS, the City Council has reviewed the Petition and has considered the effect of the proposed use on existing and future dwellings in the vicinity, the proposed site, planning and landscaping, traffic, safety, and the general health, safety and welfare of the community; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 24 RATON: 25 2

37 1 Section 1. A conditional use to allow a 9,814 square foot recreational facility (sky 2 diving simulator) on the following described property C'Property"} is hereby granted, subject to 3 the conditions described in Section 2: A PORTION OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL WITH AND FEET SOUTHEAST OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHEAST RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD W!TH THE WEST LINE OF SECTION 7 ~ TOWNSHIP 47 SOUTH, RANGE 43 EAST; SAID POINT BEARS NORTH 00 50'39" WEST, A DISTANCE OF FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7, SAID POINT BEING FURTHER DESCRIBED AS THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LIMITED ACCESS RIGHT WAY LINE OF 1~95, AS SHOWN ON STATE ROAD DEPARTMENT RIGHT OF WAY MAP, (JOB NO ~2411, SHEET 12a, DATED , REVISED LAST, 8~ 7~72) AND THE SOUTHERLY RIGHT OF WAY LINE OF NORTHWEST 40TH STREET (AS SHOWN ON THE AFOREMENTIONED MAP) WITH THE WEST LINE OF SAID SECTION 7; THENCE SOUTH 44~41'19" WEST, ALONG A LINE PARALLEL WITH AND FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTHERLY RIGHT OF WAY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF FEET; THENCE SOUTH 45 18'41" EAST ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF AIRPORT ROAD, AS SHOWN ON ROAD PLAT BOOK 6, PAGES 76 AND 77 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET; THENCE.SOUTH 45 18'41" EAST A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET;.THENCE SOUTH 45 40'18" EAST A DISTANCE OF FEET; THENCE NORTH 44 19'42" EAST A DISTANCE OF FEET; THENCE SOUTH 45"40'18" EAST A DISTANCE OF FEET; THENCE SOUTH '42" WEST A DISTANCE OF FEET; THENCE NORTH 45 40'18 11 WEST A DISTANCE OF FEET TO AN INTERSECTION WITH A NON~TANGENT CURVE CONCAVE TO THE SOUTHEAST, WHOSE RADIUS BEARS SOUTH 49 44'37" EAST; HAVING A RADIUS OF FEET AND A CENTRAL ANGLE OF 4 25'56"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET TO THE POINT OF s EGINNING. SAID LANDS LYING AND SITUATE IN THE CITY OF BOCA RATON, PALM BEACH COUNTY, FLORIDA, CONTAINING 663, SQUARE FEET, ( ACRES} MORE OR LESS. ' :. 3

38 1 Section 2. If approved, the conditional use of the property as described herein, shall be 2 subject to the following conditions, which are in addition to all applicable requirements of the 3 Code of Ordinances: 4 Those conditions of approval of that certain site plan under Resolution No , 5 attached as Exhibit "J", if approved by the City Council on November 13, Any violation of 6 any such condition shall constitute a violation under this development order. ' 7 Section 3. The conditional use approval hereby granted shall have a duration period of 8 eighteen (18) months from the date of adoption of this resolution, and shall expire at that time, 9 and be null and void and of no further effect, unless a main use building permit for such 10 construction.has been issued. Thereafter, the condit.ional use approval shall remain in full force 11 and effect onry for those uses established prior to the end of the eighteen (18) month period, 12 and shall be null and void as to any conditional use approval not so established, or thereafter 13 abandoned. 14 Section 4. If any section, subsection, clause or provision of this resolution is held invalid, 15 the remainder shall not be affected by such invalidity. 16 Section 5. This resolution shall take effect immediately upon adoption ,. '

39 i ~ PASSED AND ADOPTED by the City Council of the City of Boca Raton this / :;;0/J:.day of Alm-m btvt ATIEST: -~lk~ Susan S. Saxton, City Clerk CITY OF BOCA RATON, FLORIDA 17 5

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41 1 WHEREAS, the City of Boca Raton ("City") and the Boca Raton Airport Authority 2 ("Airport Authority") entered into a Memorandum of Agreement, dated January 26, ("MOA"), establishing the development parameters and procedures for development of lands 4 comprising a portion of Boca Raton Airport property; and 5 WHEREAS, the MOA was affirmed by the City Council pursuant to Resolution No. 17 ~88 6 on January 26, 1988; and 7 WHEREAS, the City and Premier Aviation of Boca Raton, LLC ("Petitioner") entered into 8 a Use Agreement, dated January 23, 2003 ("Use Agreement"), which also establishes 9 development parameters and procedures applicable to development of the Property which was 10 approved by the City Council by Resolution No on January 14, 2003; and 11 WHEREAS, the City and the Airport Authority amended the MOA by that certain 12 Amended and Restated Memorandum of Agreement, dated January 30, 2008 ("Amended 13 MOA"); and 14 WHEREAS, the Amended MOA was approved by the City Council pursuant to 15 Ordinance No on January 23, 2008; and 16 WHEREAS, an application for site pl?!n approval to allow the construction of a 7, square foot restaurant with a 1,468 square foot outdoor seating area, a 9,814 square foot 18 recreational facility (sky diving simulator), and a 55,137 square foot office/retail building (40, square feet of office use in four (4) stories and 15,013 square feet of one-story retail (furniture 20 store) use) with technical deviations from Section , Code of Ordinances, related to 21 reservoir length and off~site vehicular circulation has been filed, SPA-13-06/ (the 22 "Petition"), by the Petitioner for "Premier Park"; and 23 WHEREAS, pursuant to the Amended MOA, the proposed recreational facility (sky 24 diving simulator) requires site plan approval from the City Council, following a public hearing 25 before and recommendation by the Planning and Zoning Board; and 2

42 1 WHEREAS, pursuant to the Use Agreement and the Amended MOA, the proposed 2 restaurant, retail and office uses are initial approved uses also requiring site plan approval from 3 the City Council, following a public hearing before and recommendation by the Planning and 4 Zoning Board; and 5 WHEREAS, the Petitioner has also filed a request for technical deviations from Section , Code of Ordinances, related to reservoir length and off-site vehicular circulation; and 7 WHEREAS, the Property was posted and a Notice of Public Hearing was published on 8 September 18, 2013; and 9 WHEREAS, the Development Services Department recommended approval of. the 1 0 Petition; and 11 WHEREAS, the Planning and Zoning Board after proper notice conducted a public 12 hearing on October 3, 2013 to consider the Petition and has submitted its recommendation to 13 the City Council; and 14 WHEREAS, the City Council has reviewed the Petition and has considered the site plan 15 pursuant to the criteria set forth in Chapter 28, Article II, Division 2, Code of Ordinances, relating 16 to site plans; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 19 RATON: Section 1. The Site Plan attached hereto as Exhibit ''A' is hereby approved for the 22 property described below (the "Property"), subject to the conditions of approval provided in 23 Section 3: A PORTION OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 42 EAST, 26 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE PARALLEL 29 WITH AND FEET SOUTHEAST OF, AS MEASURED AT RIGHT 3

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57 9 WHEREAS, the property was posted, and a Notice of Public Hearing was published in the 10 newspaper on July 6, 2009; and 11 WHEREAS, the Development Services Department recommended approval of the 12 Petition; and 13 WHEREAS, the Board conducted a public hearing for review of the Petition on July 23, ;and 15 WHEREAS, the Board has found the Petition to be consistent with the Comprehensive 16 Plan, and the City's Land Development regulations; now THEREFORE BE IT RESOLVED BY THE BOARD: Section 1. The Site Plan attached hereto as Exhibit "B" is hereby approved for the 21 property described below, subject to the. Conditions of Approval provided in Section 3: 22 A PORTION OF SECTION 13, TOWNSHIP 47 SOUTH, RANGE 42, EAST, 23 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 24 COMMENCING AT THE POINT OF INTERSECTION OF A LINE 25 PARALLEL WITH AND FEET SOUTHEAST OF, AS MEASURED AT 26 RIGHT ANGLES TO, THE SOUTHEAST RIGHT-OF-WAY LINE OF THE 27 SEABOARD AIRLINE RAILROAD WITH THE WEST LINE OF SECTION 7, 28 TOWNSHIP 47 SOUTH, RANGE 43 EAST; SAID POINT BEARS NORTH '39" WEST, A DISTANCE OF FEET FROM THE 30 SOUTHWEST CORNER OF SAID SECTION 7, SAID POINT BEING 31 FURTHER DESCRIBED AS THE POINT OF INTERSECTION OF THE 32 SOUTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-95, AS 33 SHOWN ON STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP, (JOB 34 NO , SHEET 12A, DATED 2/15/71, REVISED LAST, 8/1/72) 2

58 35 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTHWEST 40TH 36 STREET (AS SHOWN ON THE AFOREMENTIONED MAP) WITH THE 37 WEST LINE OF SAID SECTION 7; THENCE SOUTH 44 41'19" WEST, 38 ALONG A UNE PARALLEL WITH AND FEET SOUTHERLY OF, AS 39 MEASURED AT RIGHT ANGLES TO, THE SAID SOUTHEASTERLY 40 RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILROAD, A 41 DISTANCE OF FEET; THENCE SOUTH 45 18'41" EAST, ALONG 42 THE NORTHEASTERLY RIGHT~OF-WAY LINE OF AIRPORT ROAD, AS 43 SHOWN ON ROAD PlAT BOOK 6, PAGES 76 AND 77 OF THE PUBLIC 44 RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF FEET; THENCE NORTH 44 41'19" EAST.A DISTANCE OF FEET; THENCE SOUTH 45 18'41" EAST A DISTANCE OF FEET; 47 THENCE NORTH 44 41'19" EAST A DISTANCE OF FEET TO THE 48 POINT OF BEGINNING (SAID POINT ALSO BEING THE MOST 49 NORTHERLY POINT OF PREMIER AVAITIGN OF BOCA RATON PARCEL, 50 AS RECORDED IN OFFICIAL RECORD BOOK AT PAGE 288 OF 51 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING ALONG 52. THE NORTHEASTERLY PROJECTION OF THE AIRPORT ROAD RIGHT 53 OF WAY); THENCE NORTH 42 34'54" EAST A DISTANCE OF FEET; THENCE SOUTH 44 17'48" WEST A DISTANCE OF 1.24 FEET; 55 THENCE SOUTH 45 42'27" EAST A DISTANCE OF FEET (THE 56 LAST MENTIONED TREE COURSES BEING COINCIDENT WITH THE 57 SOUTHWESTERLY BOUNDARY OF BOCA AIRPORT HOTEL PARTNERS 58 PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK t\T PAGE OF PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 60 THENCE SOUTH 44 19'42" WEST A DISTANCE OF FEET; 3

59 61 THENCE NORTH 45 40'18" WEST A DISTANCE OF 407:00 FEET TO THE 62 POINT OF BEGINNING (THE LAST MENTIONED TWO COURSES BEING 63 COINCIDENT WITH THE BOUNDARY LINE OF PREMIER AVIATION OF 64 BOCA RATON PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK AT PAGE 288 OF PUBLIC RECORDS OF PALM BEACH COUNTY, 66 FlORIDA). 67 SAID LAND LYING AND SITUATE IN THE CITY OF BOCA 68 RATON, PALM BEACH COUNTY, FLORIDA Section 2. A technical deviation from Code Section , to allow for a reduction in 7.1 driveway reservoir length, justified by a technical deviation analysis from Pinder Troutman 72 Consulting, Inc., date stamped received by the Development Services Department, May 21, , is hereby approved. 7 4 Section 3. Conditions of Approval (if approved): 75 (1) The plans and drawings submitted with the building permit application for the 76 building shall be consistent with the plans and drawings submitted by the applicant for this 77 approval, specifically the site plan entitled "City/Ashley Furniture", prepared by Garcia 78 Stromberg, date stamped received by the Development Services Department on May 21, (2) The plans and drawings may be modified as required by the Code of Ordinances or 80 by the Community Appearance Board acting within the scope of its powers and duties which are 81 limited to review of the building permit application for consistency with the approved plans. 82 (3) Prior to the issuance of a main use building permit, water, sewer, paving and 83 drainage plans shall be reviewed and approved by City Staff responsible for Public Works 84 Review and other required governmental agencies. 85 (4) Prior to the issuance of the first certificate of occupancy, all improvements shown on 86 the approved Public Works Review plans shall be constructed and approved. 87 4

60 88 (5) Compliance with the Palm Beach County "Fair Share Contribution for Road 89 Improvements" ordinance shall be required by payment of the amount determined prior to the 90 time a main use building permit is issued. 91 (6) The Petitioner has voluntarily agreed to a contribution of $34, to the City's 92 Beawtification Program, to be paid prior to the issuance of a main use building permit. 93 (7) The petitioner shall obtain all main use building permits for development which was 94 subject to concurrency testing pursuant to the roadway level-of-service standards of the 95 Comprehensive Plan, by December 31, 2010, the latest date for which background traffic was 96 analyzed. Failure to obtain all main use building permits by this date shall require the applicant, 97 with regard to any main use buildings for which. a main use building permit has not been issued, to 98 provide a revised traffic study to include the then existing background traffic and to retest for 99 concurrency and consistency. If the study shows a failure of any test, as determined by the City, 100 then this approval shall be null and void. 101 (8) Prior to the issuance of a main use building permit, a 30-foot wide access easements, 102 in a form acceptable to the City Attorney, shall be executed and delivered to the City for 103 recordation, along with applicable fees, for the purpose of providing future joint vehicular access 104 with the adjacent parcel to the north at a l.ocation depicted on the approved site plan. 105 (9) Prior to the issuance of a main use building permit, two 30-foot wide access 106 easements, in a form acceptable to the City Attorney, shall be executed and delivered to the City 107 for recordation, along with applicable fees, for the purpose of providing future joint vehicular 108 access with the adjacent parcel to the south at a location depicted on the approved site plan. 109 ( 10) This Site Plan approval is contingent upon the approval of the Conditional Use 110 Approval (CA-09-01) ( ). The conditions contained in this Section 3 may be revised 111 by the City Council as part of their adoption of that development order without further action of 112 the Board

61 114 Section 4. Expiration of Approval: 11 "5 This Site Plan approval is subject to the duration period contained in the accompanying 116 Conditional Use Approval Resolution for Petition (CA-09-01) ( ), and shall expire at 117 that time, and be null and void and of no further effect, unless a main use building permit has 118 been issued. Thereafter, the Site Plan shall remain in effect only with respect to improvements 119 for which such permit has been timely issued and construction has proceeded thereunder 120 through issuance of a certificate of occupancy (and shall be null and void and of no further effect 121 with respect to improvements for which no permit has been issued, the permit has expired, or 122 has been abandoned). 123 Section 5. If any section, subsection, clause or provision of this resolution is held 124 invalid, the remainder shall not be affected by such invalidity. 125 Section 6. This resolution shall take effect immediately upon adoption. 126 Section 7. The Site Plan approval is contingent upon the Conditional Use Approval (CA ) ( ), and shall not become effective unless and until the Conditional Use is 128 approved by the City Council. 6

62 129 PASSED AND ADOPTED by the Planning and Zoning Board Members of the City of,c'~ '- '130 Boca Raton this 23rd day of July, ) 140 William!Fairman, Chairman PLANNING AND ZONING BOARD...,.-.,..., '. : P.l'AN('Jlt\IG:AN.D:zoNING BQ'P,.RD ".. ~... ',.... :,.;. " : YE~ NO. CHAIRMAN WILLIAM FAIRMAN X VICE CHAIR STEVE UTRECHT X SECRETARY GRACE M. JOHNSON MEMBER RICHARD COFFIN X MEMBER KEITH O'DONNELL X MEMBER J. SCOTT MACLAREN MEMBER ARNOLD SEVELL X August 10, 2009 Date ABSTAINED 7

63 of. Boca R..ato ~ FINAL 01/23/08 Incorporated 1925 :======== !l:lm:!:======== - - ORDINANCE AN ORDINANCE OF THE CITY OF BOCA RATON APPROVING AN AMENDED AND RESTATED MEMORANDUM OF AGREEMENT WITH THE BOCA RATON AIHPORT AUTHORITY; ESTABLISHING CONDITIONAL USES FOR NON-AVIATION LAND AT THE BOCA RATON AIRPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, on January 26, 1988, the City of Boca Raton and the Boca Raton Airport 12 Authority entered into a Memorandum of Agreement fbr the purpose of formalizing the 13 relationship between the City and the Airport Authority; and 14 WHEREAS, the City of Boca Raton finds it desirable and in the public interest to enter 15 into an Amended and Restated Memorandum of Agreement with the Boca Raton Airport 16 Authority; and

64 1 WHEREAS, the City of Boca Raton desires to establish in the Amended and Restated 2 Memorandum of Agreement conditional uses that may be approved on non aviation land at the 3 Boca Raton Airport; and 4 WHEREAS, the Planning and Zoning Board has reviewed the Amended and Restated 5 Memorandum of Agreement and has made its recommendation to the City Council, and 6 WHEREAS, such Amended and Restated Memorandum of' Agreement has been 7 prepared and a copy thereof is attached hereto; now therefore 8 9 THE CITY OF BOCA RATON HEREBY ORDAINS: Section 1. The conditional uses established in the Amended and Restated 12 Memorandum of Agreement attached hereto shall be the only uses permitted on non-aviation 13 property at the Boca Raton Airport. To develop non-aviation property, the Authority or its tenants 14 shall seek conditional use approval as set forth in Chapter 28, Article II, Division 4, of the City of 15 Boca Raton Code of Ordinances, as it may be amended from time to time, prior to seeking site 16 plan approval. 17 Section 2. The Mayor and City Clerk shall be authorized to execute the Amended 18 and Restated Memorandum of Agreement with the Boca Raton Airport Authority, a copy of 19 which is attached hereto, which replaces the January 26, 1988 agreement. 20 Section 3. The Airport Layout Plan, designating aviation and non-aviation land, 21 shall be revised as noted on the attachment, dated December 2007, to the Amended and 22 Restated Memorandum of Agreement. 23 Section 4. If any section, subsection, clause or provision of this ordinance is held 24 invalid, the remainder shall not be affected by such invalidity. 25 Section 5. All ordinances and resolutions or parts of ordinances and resolutions 26 and all sections and parts of sections in conflict herewith shall be and hereby are repealed. 2

65 Section 6. This ordinance shall take effect immediately upon adoption. ra ' PASSED AND ADOPTED by the City Council of the. City of Boca Raton this/i'j;tt( day of ATTEST: ~ ~!.J!}!.~~~~~~ CITY OF BOCA RATON, FLORIDA Approved as to form: City Attorney

66 AMENDED AND RESTATED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BO A R_ATON ANO.. THE BOCA RATON AIRPORT AUTHORITY THI~ME'MORANOUM OF AGREEMENT entered into this '30 /1. d~y ~ ~ 20g7by and between the CITY OF BOCA RATON, a Florida municipal corporation, hereinafter.referr~({to a~ ;'th~ City'', and the BOCA RATON AIRPORT AUTHORITY, hereinafter referred to.as "the Authority'', a body politic and corporate, created by the Boca Raton Airport Authority Act, Chapter 2004~468, laws of.fiodda, hereina~er sometimes referred to as "the Enabling Acf'. WITNESSETH WHEREAS the Authority, pursuant to the Enabling Act, has jurisdiction over the operatic~ and maintenance of and improvements to the State-owned land within the territorial limits of the City of Boca Raton now known as the Boca Raton Airport, legally described in the attached Exhibit "A" hereinafter referred to as "Airport'' or "Airport Land"); and WHEREAS~ the Enabling Act pr~vides that the A~thority shall comply with appropriate polic;e powers of the City respecting operation and. d'evelopment at the Airport and that... applicable building codes of the City shall apply to all construction upon the Airport except to the ext~nt that State or Federal requireme;)nts are expressly applicable and except to the extent that th~ Authority or the Airport has been made 'exempt from any.requirement of the City by State::-or Federal law; and WHEREAS, the CitY and the Authority deem it appropriate in the public interest to. execute an Agreement regarding the applicability of City la~d development regulations and building codes at the Airport; and WHEREAS, it is further deemed to be in the public interest to establish a list of uses for 1

67 which conditional use approval may be requested on non-aviation lands pursuant to the procedures set forth in Chapter 28, Article II, Division 4 of the Land Development Code of the City; and WHEREAS, the Enabling Act provides that: ''The exercise by the Authority of the. powers conferred.upon it by this Act will be deemed to be for an essential and proper public purpose"; and WHEREAS; in the exercise of its powers and to provide rev.enues for Airport purposes,.. ' '. the Authority has leased a portion of the Airport for non-aviation uses; and WHEREAS, Airport Land, and the improvements thereon, where botti are owned by the State of Florida, are immune from ad valorem taxation, but privately-owned improvements situated upon Airport Land. are subject to ad valorem taxation, unless exempt under Florida Law; and WHEREAS, the City and the Authority recognize that both entities will. be providing services to the Lessees on the portion of the Airport designated for non-aviation uses. NOW, THEREFORE, THE CITY AND THE AUTHORITY DO HEREBY AGREE AS FOLLOWS: 1. The use and development of Airport Land for aviation and non-aviation uses shall be as designated in the Airport Layout Plan, which is attached hereto as Exhibit "A," as it may.be amended from time. to time. 2. Construction activities and development of that portion-of the Airport designated in the Airport Layout Plan, as amended, for aviation uses ("aviation property''}, shall be governed by the following provisions: (a} The Authority shall review and approve.all plans for buildings and structures to be located on aviation property prior to submission to the City for review. 2

68 (b) All plans for development and construction activities on t~e aviation property ',..... s~all b.e submitted. to the City for review and recomm e ndations through the Planning Advisory proce$s and the Community Appearance Board, provided, however; that Planning and 'Zoning.... Board.. approv&l and Community Appearance Board approval shall not be required~ (c)..the plans submitted to the City shall meet or exceed the provisions of the G.ity of Boca Raton Code of Ordinances, the Florida Buildif"!g Code, and the Florida Fire... Prev~nti6ri Code unless other federal or state laws, codes ~r regulations are controlling. In. -'. respect to other matters such as site pl.anning, signage, fencing, landscaping and tree. ' '... Rrese!Vationl the. Authority 'may adopt federal, state, city or other codes or establish its own..:.. I..,, regulations.-therefore; provided the same are. submitted to the City fo.r advisory review. (d) The City shall promptly. review all plans in a manner consistent with other de~eiopment projects submitted to the City except.as provided herein. (e) The 'developer or contractor shall reimburse the City for actual cost of plan. review:a0d.building inspections rendered but not to exceed the applicable building permit fee.. $chedule.. (f) city building permits shall not be required for construction on the Airport. However, the. City may at its option utilize its building permit process for internal staff coordin'atioh and processing and to facilitate the inspection p~ocedure. (g) The Authority's Lessee~ shall pay water and sewer impact fees in addition to t.he reimbt,jrsement for actual cost of plan review and buflding. inspections specified in paragraph 1 (e) above.. However, in -the event other impact fe.es applicable to. development on '. aviation property are implemented on. a citywide basis, the Authority's lessees shall pay such impact fees. (h) The Authority shall have exclusive. jurisdictior over the determination of what uses are appropriate for aviation property; provided, however, that the Authority's determination shall be in compliance with all applicable Federal or State law regarding activity 3

69 on Airport property designated for.aviation uses. 3. Construc~ion and development activities on that portion of the Airport designated in the Airport Layouf Plan, as amended, for non-aviation uses '("non-aviation property'') shall be governed by the following provisions: (a). The following conditional uses, which the City finds to be consistent with the City of Boca Raton Comprehensive Plan, shall be the only uses permitted on non-aviation property. These uses shall be strictly construed as defined iii the City of Boca Raton Code of Ordinances. To develop non-aviation.property, the Authority or its tenants shall seek conditional use approval as set forth in Chapter 28, Article I 1, Division 4 of the City of Boca Raton Code of Ordinances, as may be amended from time to time, prior to seeking site plan.approval. No building or structure shall be.erected in excess 'of 50 feet in height measured as provided in the City Code or Ordinances or as otherwise may'be provided in 14 CFR Part 77 (whichever is more restrictive). Conditional Uses on Non-Aviation Property Business and Professional Offices Restaurants Retail Uses Self-Storage Health and Fitness Clubs Car Sales Agencies. pursuant to Section , City Code of Ordinances Banks and Financial Institutions (minimum 10,000 square feet of building area for freestanding buildings).. Personal Seniice Shops (minimum 10,000 square feet of building area for freestanding buildings) Hotels and Motels Bars, Nightclubs, and. Drinking Establishments (as accessory use(s) to a permitted main use) Museums Educational Institutions Radio or' Television Studios Indoor Theaters, Auditoriums, Bo'wling Alleys, Billiard Parlors, and other Places of Public Assembly Recreational Facilities Medical Offices Research arid Testing Laboratories ;;-, 4

70 (b) The Authority shali review and a,pprove all.plans prior to submission to the. City,,. wtiich,shall ~xpe.dite all reviews and approvais. (c)' The City's full building permit process. and approval, including, but not.... '.. '. lhnited~to, revli;jw of site plans and structures by the Planning a~d Zoning Board, Community,Ap~eara.nce Board and tl)e City Council, where applicable, shall be required for all construction. '... ~n~ deve_lopm.e~t activities occurring on non-aviation property. '. (d~ Construction and de\ielop~ent activities occurring on non-aviation property.,. ' shall be -governed by the same process which applies to private development of property not.owned by.. t~e State of Florida in the City. It. is the express intent of this paragraph to provide. that p_rojects located on non-aviation property be treated in the same manner as any other...:..:.-siit)ila'r"prcijects occurrin.g on privately owned larid.. 4. The Authority agrees to maintain a ll facilities and _infra-structures on both the aviation. property and non-aviation property in a manner consistent wi~h applicable Federal, State,. Cotin.ty and- City standards and r_egulations, and agrees to cooperate and assist the City in.. achieving compliance with such standards and regulations with respect to property under the.. Authority's direct control or under the control of a lessee of the Authority. 5. The City shall provide to the Airport all municipal.services which the City provides to.all other developments located within t.he City without charge to the 'Authority or its tenants on ' '. ' ' the aviation property. Th_e Authority waives its cl~=tim for reimbursement from the City for on-site water. and sewer improveme~ts heretofore or hereafter installed by the Authority The Authority_ shall include a provision in its Boca Raton Airport Regulations. directing all non,.aviat.ion 'tenants to obtain a folio or other. parcel identification number, if applicable, from the Palm Beach CoL,Jnty property appraiser for all non-aviation tenant improvements, and to pay-any and all applicable ad valorem taxes, other taxes, assessments,.. franct:jise fees, and other fees and charge s, unless otherwise provided by law. The Authority agrees not to amend that provision of the. Boca Raton Airport Regulations without the prior 5

71 written consent of the City. Such provision Shall in no way limit the City's authority to collect applicable taxes, assessments, franchise fees, and other fees 'and charges from all Airport '. ''.tenants. 7. The term of this Agreement shall be indefinite. 8. Notice pursuant to this Agreement shall be delivered as follows: As to the City: Af? to the Authority:. City Manager City of Boca Raton 201 West Palmetto Park Road Boca Raton, Florida Airport Manager Boca Raton Airport 3700 Airport Road, Suite 304 Boca Raton, Florida This Agreement constitutes the entire Agreement between the City and the Authority... on. these subjects and supersedes and rescinds any prior agreements entered into by the parties on these subjects, which are inconsistent herewith. 10. This Agreement may only be amended in writing by the mutual consent of the City and the Authority; provided, however, the City and the Authority agree that in the event of a change in local; State or Federal law which affects the rights, obligations and duties of either party to this Agreement occurs, this Agreement shall be amended to reflect such change. 6

72 ' ' ' IN WITNESS WHEREOF, the CITY OF BOCA RATO~ has caused this Agreement to be executed by its Mayor, and the seal of the 'city to be affixed hereto and attested by the City.Cier~;. and. the_.boca' RATON AIRPORT AUTHORITY. has caused this Agreement to be executed'.ih its corporate name.by i.ts Chair and Vice-Chair on the day and year first above written;, ATTEST.... Sh~rma Carannante, City Clerk. ' ~.,.. (SEAL)..,... BOCA RATON AIRPORT AUTHORITY. /. /1iy: --""""" / ~ 7

73

74 . BOCA RATON AIRPORT AUTHORITY.:...RESOLUTION 12; A Resolution.ofthe Boca Raton Airport Authority appr~ving the Amended and.: Restated Mernor~mdum of Agreement Between the City of Boca Raton and the Boca Raton Airport Authority. WHEREAS;' the Boca Raton Airport Authority Act, Laws of Florida,. provides that the Boca... Raton Airport Authority (the "Authority") shall have jurisdiction over the operation, and maintena.rice of, and improvements to the Boca.Raton Airport;. : :.,. WHEREAs, on January 26, 1988, the Autho.rity entered into the Memorandum of Agreement Between t~e City Qf,l~oca Raton arid the Boca Raton Airport Authority (the "MOA"), which is. attached ~ereto.a~ Exhibit "A," for the purpose of defining the relationship between the City. qf. Boca Raton (the "City") and the Authority; and... '.:.. WHEREAS,.the.City and the Authority desire to. amend an d restate the MOA to comply with Florida law,. set forth non-aviation uses tmt may be develop~d on Airport property, and to.'clarify other terms and conditions related to development of Airport property.. NOW'THEREFORE BE IT RESOLVED BY THE BOCA RATON AIRPORT AUTHORITY,. BOCA RATON, FLORIDA, IN PUBLIC MEETING DULY ASSEMBLED, THIS sth DAY OF -DECEMBER 2007, AS FOLLOWS: 1. ' The foregoing recitals are hereby.incorporated h1to this Resolution.as the legislative intent of the Authority. The. Authority hereby approves the Amended and. Restated Memorandum of Agreement Between the city of Boca Raton and the Boca Raton Airport Authority (the "Amended and Restated MOA"), which is attached hereto as Exhibit "B." The Chair or Vice-Chair of the Authority is hereby authorized to execute thi s RespJution N4mber 12 28~07. The Chair and Vice-Chair of the Authority are hereby authorized to execute the Amended and Restated MOA on behalf of the Authority. The Airport Manager and Airport Legal Co~nsel are hereby authorized to=-. do all things necessary to effectuate the intent of this Reso.lution.. ATTEST: BOCA RATON AIRPORT AUTHORITY: ' Harold In raham Secretary & Treasurer

75 FINAL 1/U/ RESO~UTION NO A RESOLUTION OF THE CITY OF BOCA RATON AUTHORIZING THE. MAYqR AND CITY CLERK TO 6 I;XsC!f.,TE :('. SETTLEMENT ~GREEMENT AND A USE AGREEMENT ;WITH :' PREMIER AVIATION OF BOCA '... ;.~. 1.. ' RATON, LLC "(ALSO; REFERENCED AS PREMIER 1~... ;.~::~:. '. 1 AVIATION, LLC) FQR:. 1HE PURPOSE OF SETTLING AND.;;.'' DISMISSING ALL CAUSES OF ACTION BY PREMIER in TWO CIVIL ACTIONS: BOCA AIRPORT, INC. D/B/A BOCA AVIATION v. BOCA RATON AIRPORT AUTHORITY AND PREMIER AVIATION, LLC v. THE CITY OF BOCA RATON, CASE NO. CL AE, AND PREMIER AViATION, LLC v. THE CITY OF BOCARATON, CASE NO. CA 01-0{:3039 AN; PROVIDING FiOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDIN~ AN EFFECTIVE DATE,. / 19. WHE~EAS, the City Council of the City of Boca Raton desires to.authorize the Mayor 20 and C_ity Clerk to execute a settlement agreement and a use agreement with Premier Aviation of 21 Boca Raton, LLC (also referenced.as Premier Aviation, LlC) for the purpose of settling and 22 dismissing all causes of action by Premier in two civil actions: (1) Boca Airport, Inc. d/b/a Boca 23 Aviation v. Boca Raton Airport Authority and Premier Aviation, LLC v. the City of Boca Raton, 24 Case No. CL AE, and (2) Premier Aviation, LLC v. the City of Boca Raton, Case No. CA AN ("Airport Cases"); now therefore 26 1

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77 :-... ~. :." Settlement Agreement, by and between the CITY OF BOCA RATON ("City'') and PREMffiR AVIATION OF BOCA RATON, LLC {"Premier"), WHEREAS, the City and Premier are parties to the following lawsuits: Premier Aviation, L.L. C., Intervenor/Counter-Plaintiff v. the City of. Boca Raton, Counter Defendant, Case No. CA~Ol-06039AN, and Boca Airport, Inc. dlbla, Boca Aviation v. Boca Raton Airport Authority and Premier Aviation, LLC vs. the City of Boca Raton, Case No. CL AB {the ''Lawsuits''), and WHEREAS, Premier has submitted to the City applications for building permits fur the J?remier Aviation Fixed Base Operation ("Premier FBO') at the Boca Raton Airport under pemrit check numbers 02~2773 [Maintenance hop]; [FBO Hanger and Office Building]; [Instrument Building]; [Fuel Frum]; [Corporate Hanger]; and Engineering Permits for Site Work [no permit check nwnber assigned]; ( 6 'Premler Pmmits'), and WHEREAS, the City has reviewed the plan of Premier Aviation Park, a copy of which is attached hereto as Exhibit "N' and made a part hereof. NOW, TJHEREFORE, the City and Premier agree as follows: 1. Within five (5) days of the execution hereof, the City and Premier shall execute and deliver: A. the Use Agreement in the form attached hereto as Exhibit "B," whlch shall be recorded in the public records; B. Stipulations for Dismissal of all the claims between the City and Premier in each of the Lawsuits in the form attached hereto as Exhibit "C," C. Releases that shall run in favor of the parties and their respective. officials, officers, employees and agents, and shall be in the form attached as Exhibit "D.". 2. Upon completion of all of the items set forth in paragraph 1 above, and subject to compliance with all applicable City and building oode requirements, the City shall issue the Premier Pennits, except for the permit for the jet gas and aviation gas fuel tanks (which shall be.govemed by paragraph 4 below). 3. Premier shall not object to efforts by the City to seek an airport wide prohibition of Stage I and Stage ll jet aircraft at the Boca Raton Airport applying equally

78 ~.au.s~th j'~.&!!it $ft mo.~re*i.~ qa, ili.e ~o~m ~too -~~trt. {lj)~~:(ji~~rw~~tf$..till~ ll1~l;vi~w!~:~q:~!!li~-~~-b.~:~~~~... 4; l rrem -$Ml!' -~i~~~p :~~ ~~---~,.~~~- :~ ~- ~~n ~~~~ }~~t~~~~"-~' ~~~~~~(1 \~~ :~~~-.. -~.i~li~~ t~.:-~ :~y lq~,_'~@~@mi}l dt,(?4tirl 'aifri~i~u:,: '~;;. f=iia1i~(lfdf'a.. <~,.,.rt; ~-'i~att~~u.jitl,;,...;~a J... ~.. 1>\11. ~~~8 '.ffil!... llllw,ij. i~- ~~$~$tllilla: ihert : n~~~>.:,_, -ii.::b'~ rt~~-~~tt/. : _. ~t~~ No.-~~~~~-.. ~~- :~~ ~itf.: ~- ~--,(~~ j~_{f;_~~~

79 Use Agreement by and between the City of Boca Raton (' 6 Cit)f?) and Premier Aviation of Boca Raton, U.C epremier'~. WHEREAS, the City is a Florida Municipal Corporation with its City Hall located at 201 West Palmetto Park Road, Boca Raton. Florida WHEREAS, Premier is a Delaware Limited Liability Company authorized to and, in fact, doing business in the state of Florida with :its principal place ofbusi,n.ess at 3101 North Federal Highway, 6tk! Floor, Fort Lauderdale, Florida WHEREAS, on September 27, 2000, the Boca Raton Airport Authority ("Airport Authority") as Lessor and Premier as Lessee did enter into a Lease Agreement (the '1-ease'') for an approximate fifteen (15) acre tract of vacant land situated at the Boca RatonAirport ( 6 'Airport,). A copy ofthe Lease has been provided to the City. WHEREAS, the vacant land subject to the Lease is more particularly described in the Exhibit "N' attached hereto and made a part hereof and shall hereinafter be referred to as the "Premier Land/' WHEREAS, the Lease is for an initial tenn of thirty five{35) yearn with three (3) consecutive five ( 5) year renewal options. WHEREAS, the leasehold interest of Premier under the Lease shall hereinafter be referred to as the ''Premier Leasehold." I I WHEREAS, the Airport Authority, the Federal Aviation Administration ('~AA") and the State of Florida Department of Transportation ('PDOT'~ have approved a development plan ("Premier Aviation Park") for the Premier Land, a copy of the plan (Phase I and ii) for the Premier Aviation Park is attached hereto as Composite Exhibit "B" and made a part hereof, consisting of four sheets a8 follows: (a) (b) (c) (d) Phase! Phase I with Areas Depicted Phasell Phase ll with Areas Depicted WHEREAS, the City and the Airport Authority have entered into a Memorandum of Agreement dated January 26, 1988 ("Memorandum of Agreement'~, formalizing the relationship between the Airport and the City regarding development at the Airport. WHEREAS, the City and Premier desire to provide greater detail than set forth in the 1988 Agreement regarding the development of the Premier Land.

80 NOW THEREFORE1 the City and Premier,. in consideration of the sum of Too Dollwrs ($10.00) and other good and valuable considemtio~ inclu.dmg the mutual covenants contained herein 9 fue receipt a.llld sufficiency of which is hereby acknowledged, agree as follows: Aviation J.,and. The City and Premier mutually represent and acknowledge that the Premier Land is fully within the lands at the Airport desigrurt~ in the Memorandum of Agreement as Aviation Land. 2. Aviation Uses. A portion C'Aviation Use Area~} of Premier Aviation Park is dedicated to aviation uses e'a viation Uses,}. Aviation Uses shah Toe limited to those uses approved by the F AA9 FDOT and A.irport Authority to occur upon aviation iands. The Aviation Use Area is depicted on the plan of the Premier Aviation Park. Development in the Aviation Use Area shall be subject to procedures set forth in the Memorandum of Agreement for Aviatio:t;l Land without modification by this Use Agreement. Any future Aviation Uses in the Aviation Use Area that are approved by the Authority, FAA and FDOT shall be subject to procedures set forth in the Memorandum of Agreement for Aviation Land wi~out modification by this Use Agreement. 3. Other Uses. A portion ("Other Use Area") of Premier Aviation Park is devoted to uses which are not Aviation Uses and are approved for the Other Use Area by the Airport Authority, FAA andfdot eotheruses,}. The Other Use Area is depicted on theplanofpremier Aviation Park. Development of the Other Use Area even, if for an Aviation Use, shall be subject to the procedures set forth in the Memorandum of Agreement for Non-Aviation Land as modified, expanded and supplemented with the procedures set forth in this Use Agreement. In the event of any conflict between the Memorandum of Agreement and this Use Agreement, the provisions of this Use Agreement shah prevail. 4. Use Approval/Site Ap,proval. Any development within the Other Use Area must obtain the following approvals prior to issuance of building permits: Council. Council. a. Use Approval as described in paragraphs 7 and 9, below, from the City b. Site Plan Approval as described in paragraphs 8 and 10, below, from the City 5. Premier Aviation Park. The City and Premier mutually warrant and represent one to the other and acknowledge that the uses as depicted on the plan of Premier Aviation Park within the Aviation Use Area are Aviation Uses (to the extent approved by FAA, FDOT and the Airport Authority) subject to paragraph 2, above, of this Use Agreement. 6. Initial Other Uses. The following Other Uses ("Initial Other Uses') either alone or in combination are approved for the Other Use Area: 2

81 (1) General Office-notto exceed a rota! of 100~000 square feet of floor are~ rm.d fifty (50) foot in height; (2) R.esta'l.llE'Mt -not to exceed a tomllof 10,800 gross square feet; (3) Retail- not to exceed 75,000 squme feet I(Jif floi(jir area and fifty (50) feet m height~ and limited ti(ji ~etml Q.owf' uses whleh are defined as commercial retail uses that generate less than 10 average weekday trips per 1000 square feet of floor are~ I(Jif ~etail (medium)" uses which axe defined as commercial retail uses that generate more than ten (1 0) but less than twooiy-five (25) average weekday trips per 1000 square feet of floor m-ea; (4) SelfStorage; (5). Health and Fitness Clubs -not to exceed 75,000 squm-e feet of :floor area and fifty (50) feei in height; ( 6) Car Agency (as defined in rmd to the extent pemritted by Section s City Cooe); <m~ (7) Cross pm-king and noxh~oncmrent parking with the Muvico Theater Site (Subject to approval of m modification to the Muvico Theater Conditional Use, pursuant to the procedures and criteria upon which the Conditional Use was processed and approved, and approval of parking agreements); subjectto: (i) the approval ofdevelopment Pm-ameters and Development Mitigation pursuant to the procedures of paragraph 9, below, (ii) the approval by the Airport Authority, the FAA and FDOT, and (iii) all other applicable provisions of this Use Agreement. In no event shall the number of trips generated by the use and occupancy of the Premier Land together with all other uses at the Boca Raton Airport exceed the number of trips authorized pursuant to that certain vesting letter issued by Palm Beach County and dated June 4, 200 l~ a copy of which is attached hereto as Exhibit l}se Ap_proval for the Other Use Area. Use Approval for the Other Use Area (and Development Parameters and Development Mitigation for the Initial Other Uses) may be granted by the City Council in acc<>rdance with the procedures hereinafter set forth in t4is Use Agreement. A Use Approval shall have three (3) components: a. Approval of the use. b. Approval of the development parameters for the approved use. 3

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87 IN WITNESS WHEREOF~ lllie pmies hereto have executed ili.is Agreement the date next to the signatures below. ATTEST: Approved as to form: STATE OF FLORIDA COUNTY OF PALM BEACH Dme:. The foregoing instrument was acknowledged before me this day of, 2003~ by Steven L. Abrams~ as Mayor of the City of Boca Raton, a Florida municipal corporation. He is personally known to me or has produced a driver's license as identification and did take an oath. (NOTARY SEAL) Notary Public My commission expires: 9

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92 .. CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TDD: (561) SUNCOM: {561) IN"J:ERNET: March-11, Peter McAllister, Esq. PBM Development, Inc.. 30 S. E. 7th Street, 2nd Floor Boca Raton, FL RE: Use Agreement Between the City of Boca and Premier Aviatio~ of Boca Raton, LLC Dear Peter: In connection with the above referenced Use Agreement, as you are aware the Boca Raton Airport Authority elected not to consent to the Use Agreement Accordingly as contemplated in paragraph 13 of the Use Agreement, we will be forwarding the original Agreement for recordation. in preparation for recordation, we reviewed the document to confirm all exhibits were appropriately attached. We noted that at the end of paragraph 6 of the Agreement there is a reference to an Exhibit 6 (the vesting letter issued by Palm Beach County dated June 4, 2001 ). A copy of the Palm Beach County vesting letter dated June 4, 2001 is attached hereto. I believe the Use Agreement can be recorded without the attachment of Exhibit 6 since the reference appears to have been inadvertent and there is no ambiguity regarding the referenced letter. Accordingly, I would.appreciate if you would confirm, by having a duly authorized representative of Premier Aviation of Boca Raton, LLC sign where indicated below, that the attached letter constitutes the vesting letter referenced in Exhibit 6 and that I should proceed with recordation of the Use Agreement excluding an Exhibit 6. Thereafter, please return the acknowledged letter to my attention to be maintained in my file. Please feel free to keep a copy of this letter to serve as your confirmation as well. I would appreciate if you would return this letter (acknowledged as indicated) within the next week so I can forward the original Use Agreement for recordation.. Please feel free.to call me if you have any questions or comments or need further clarification on this issue. Sincerely, f)~m~/~ Diana Grub Frieser City Attorney.I I I DGF/dg Enclosure cc: Leif J. Ahnell; C.P.A., C.G.F.O., City Manager Mr. Robert A Eisen Jamie A Cole, Esq.. q:\!et\2003\03-1 on~!j$pgi. Received --::.3=,./t,.f!..S,c;"1.c:.,,;;-t..~m~O~.J..,;.~ :...-:== Approved------~-~ - AN EQUAl!.. OPPORTUNITY ~MPL.OYrtFf.a.id_...;. =-===- Check#~=

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94 -, i, J day of RATON, MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOCA RATON. AND THE BOCA RATON AIRPORT AUTHORITY THIS MEMORANDUM ~ 19Sj, by anq between the OF AGREEMENT entered into this :2 ~ bl Florida municipal corporation, hereinafter CITY OF BOCA referred to as "the City", and the BOCA 'RATON AIRPORT A!.!THORITY, hereinaf.ter referred to as "the. Auth~rity",.a body. politic and,corporate, created ~y the Boca Raton Airport Authority Act, Chapter , Laws of Florida, hereinafter sometijtles -referred to as "the Enabli.ng.Act". W t T N E S S E T H: WHEREAS,.the Autho~ity, pursuant to the Ena?ling Act, has jurisdiction ov~r the operation and main~enance of and improvements to the State-owned land within ~he territorial limits of the City of Boca Raton now known as the Boca Raton Airport1 and WHEREAS, the Enabling Act provides that the Authority shall comply with appropriate police powers of the City respecting operation and development. at the Airport and that applicable building codes 'of the City shall apply to all construction upon the Airport except to the extent that State or Federal ~equirements are expressly applicable and except to the extent thqt the Authority or the Airport has been made exempt from any req'uirement of the City by State or Federal law; and WHEREAS, the City and the Auth~rity deem it appropriate in the public in.terest to execute an Agreement regarding the applicability of City building codes at the Airport; and WHEREAS, the Enabling Act provides that: "The exercise by the Authority of the powers conferred upon 'it by this Act will be deemed to b_e r~venues WHEREAS, foj; an essen'tial and proper public purpose"; and in the exercise of its powers and to provide for Airport purposei, the Authority has leased a portion of the Airport for non-aviation uses) and -1-

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97 ;- 'l'. ' for all construction and development activitie.s occurring on nonavi~~ion property. (c) Construction and development activities occurring on non-aviation property shall be governed by the saiue process whic h applies to private development of property not owned by the State of Florida in the City. It is the express intent of this paragraph to provide that projects located on nonaviation prope;irty be treated in the same manner as any other similar projects occurring on privately owned land. 3. The Authority agrees to maintain all ~acilities and infra-structures on both the aviation property and non-aviation property in a manner consistent with applicable Federal, s tate, County. and City standards and regulations, and agrees to cooperate and assist the City in achieving compliance with such standards and regulations with respect j;.ci property under the Authority's direct control or under the control of a lessee of the Authority. 4. The City ehall provide to the Airport all municipal services which the city provides to all other developments located within the City without charge to the Authority or its tenants on the aviation property. The Authority waives its claim for reimbursement froin the City for on-site water and sewer improvements heretofore or hereafter installed by the Authority. 5. In respect to municipal serv~ces to be provided by the City to Airport tenants on non-aviation property, attached hereto is a copy of paragraph 3 entitled "User Fees, Ad Valorem Taxes".. whi'ch is and shall be included in all of the Authority's.. teases with lessees of non'-aviation property. The Authority agrees 'to use its best efforts to collect the user fees at the same time as ad valorem taxes are due and pay.able and to contribute to' the City such user fees received by the Authority from those lessees ~s and when received. 6. Tne term of this Agreement shall be indefinite. -4-

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104 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TDD: (561) SUNCOM: (561) INTERNET: July 2, 2015 TO: FROM: Susan Lesser Senior Planner T. Douglas Hess, P. E;~ Traffic Engineer RE: Case No: CA R 1 /SPA-13-06R 1/ , SC-13-03R1 / Premier Park~ R2 This petition is an amendment to Conditional Use and Site Plan Approvals for the Premier Park site. Plans for this site were previously approved by the City Council in November of 2013 for 40,124 square feet of office use, 15,013 square feet of furniture store use, 7,000 square feet of restaurant use and 9,814 square feet of simulated skydiving entertainment use as additions to the existing 40 aircraft general aviation airport facility. This amendment removes the 9,814 square feet of entertainment use and replaces it with 4,629 square feet of general commercial use and 1,934 square feet of office use. The site is located along the east side of Airport Road, north of Glades Road, specifically at 3300 Airport Road. Vehicular access will continue to be provided through one existing full access driveway connection on Airport Road (classified as a major driveway) and cross-access connections with the sites to the south and north. The project traffic consultant, MacKenzie Engineering & Planning, Inc., prepared a traffic study and estimated the development's trip generation as provided below: Approved: General Aviation Airport ~40 Aircraft) General Office (40, 124ft~ Furniture Store (15,013 f ) 1, High Turnover Sit-Down (7,000 ff) General Proposed: General Aviation Airport ~40 Aircraft) General Office (42,058 ft J Furniture Store (15,013 ft) High Turnover Sit-Down t (7,000 ff) Commercial 1, Net New Trips AN EQUAL OPPORTUNITY EMPLOYER-

105 Case No. CA R1 /SPA-13-06R1 / , SC-1S-03R1/ Premier Park 7/2/15 The proposed development is expected to result in a net decrease of 255 daily trips, a net increase of 3 AM peak hour trips and a net decrease of 23 PM peak hour trips. The study was reviewed by the Palm Beach County Traffic Engineer who found that the project met the Palm Beach County Traffic Performance Standards subject to "provision of exclusive southbound-left lane with adequate storage at the proposed site main entrance driveway along City maintained Airport Road." Additionally, the project is liable for fair share road impact fees. Two previously approved technical deviations from City Code Section 23- i 90( d) for decreased reservoir length and Section (h) related to off-site vehicular circulation continue to apply to this proposed amendment. The previous approval also included a Variation to the City's Engineering Design Standards Manual (VEDSM) related to parking dimensions for 29 spaces which remains in effect. ' The individual land uses included would require a total of 483 parking spaces by City Code rates while 387 parking spaces are provided on the subject site. It should be noted that the owner of the Premier Park site (Premier Aviation). has entered into a parking agreement with the adjacent owner of the movie theater to the south. The parking agreement allows the Premier Park site the use of 285 parking spaces located in the movie theater's parking garage at daytime. Additionally, the parking agreement allows the movie theater site the use of 129 parking spaces located in the Premier Park surface lot at nighttime. Therefore, the parking supply available for the Premier Park site fluctuates resulting in an available parking supply of 672 parking spaces at daytime and 258 parking spaces at nighttime. However, the proposed Premier Park site includes aviation, office, retail, and restaurant land uses; consequently, the mixed-use nature of the development enables utilization of shared parking. In shared parking, the different peaking characteristics of the various land uses can be considered for a more efficient parking scheme. The project's traffic consultant performed a shared parking analysis based on the Urban Land Institute's Shared Parking Manual for the combination of the proposed uses and the parking agreements made with the Muvico site. The site's peak shared parking demand is estimated as provided below: Parking Surplus Available Based on the analysis performed, the proposed daytime supply of 672 self-parking spaces will be 275 spaces greater than the anticipated peak demand, which occurs on a weekday from 2:00 PM to 3:00 PM. While the proposed nighttime supply of 258 self-parking spaces will be 11 spaces greater than the anticipated peak demand, which occurs on a weeknight from 7:00PM to 8:00 PM. Therefore, the proposed parking supply is anticipated to meet the site's shared parking demand and adequate parking is provided. Page 2

106 Case No. CA Ri/SPA-13-06Ri/ , SC-13-03R1/ Premier Park 7/2/15 If the petition is approved, then the following conditions are recommended: 1. Prior to issuance of the main use building permit, the Owner shall: a) Submit water, sewer, paving and drainage plans for on-site and off-site improvements which 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, in a form acceptable to the City Attorney, in an amount equal to 110% of the cost of construction for the off-site improvements: b) Obtain a permit from the Airport Authority for all work in the Airport Road right-ofway. The Owner shall be required to comply with any roadway improvements and right-of-way dedications required by the Airport Authority. c) Provide a letter of credit or cash bond, in a form 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. d) Obtain approval of design plans and necessary permits from the Airport Authority and/or the property owner to the south and the City to design and construct the following improvements: i. A southbound left-turn lane with adequate storage providing access to the project driveway on Airport Road; ii. A pedestrian walkway connection between the sidewalk along the east side of the retail/office building to the sidewalk along the north side of the movie theater building located on the adjacent property to the south; iii. Lighting for the parking areas, pedestrian areas and along the main driveway, to keep these areas safe and usable. iv. Remove all signage and marking associated with assignmenvreservation of parking for individual owners and/or tenants within the plaza; v. Restripe the entire parking lot within the Premier Park site; and vi. Submit a Parking Management Plan. The Parking Management Plan must include provisions for overflow off-site parking for office employees and include details for a parking decal system including enforcement strategies, incentives, and penalties. To ensure timely and complete construction of the above items, the Owner shall provide a letter of credit, in a form acceptable to the City Attorney, in an amount equal to 110% of the cost of construction. e) Execute and deliver to the City two thirty (30) foot wide cross-access easements, in a form acceptable to the City Attorney, along with applicable recording fees, providing for common vehicular access to the abutting parcel to the north at the locations depicted on the Site Plan. f) Execute and deliver to the City one thirty (30) foot wide cross-access easement, if applicable, in a form acceptable to the City Attorney, along with applicable recording fees, providing for common vehicular access to the abutting parcel to the south at the location depicted on the Site Plan. Page 3

107 Case No. CA R1 /SPA R 1/ , SC-13-03R 1/ Premier Park 7/2/15 g) File a Transportation Demand Management {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 15th of each year, describing in detail the TOM program implemented for the development. The TOM plan development and implementation process shall include the following and be implemented prior to a Certificate of Occupancy: i. Designate an individual to act as the Development TOM Program Coordinator. This person will be the contract person between the Development and the City and shall monitor all TOM Program activities for the Development, disseminate information and act as a resource of information for employees. ' ii. iii. iv. Provide facilities for the posting of Transportation Management Demand {TOM) Program Information in a location that is readily visible to employees. This is an area that is used to supply employees 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. 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. Provide sheltered, secure facilities for storage of bicycles. Sheltered, secure facilities for the storage of bicycles shall mean an area 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. v. Provide shower and locker facilities for employees on the basis of the following minimum criteria. Gross square footage of shower and locker facilities shall be excluded from calculations of required off-street parking. New Office Buildings shall provide one shower per gender for square footages 12,500 to 24,999, two showers per gender for square footages 25,000 to 49,999 and three showers per gender for square footages in excess of 50,000 square feet. Clothing lockers shall be provided at a rate of 3 lockers per required shower. vi. Ensure the availability of meaningful incentives to the employees on the site who make work trips by modes of transportation other than single occupancy automobiles by providing significant transit, shuttle, car pool, walking and biking subsidies to employees. vii. Utilize tenant leases that educate and provide incentives for employees to participate in the overall development's TOM and Parking Management Program. h) Demonstrate compliance with the Palm Beach County "Fair Share Contribution for Road Improvements" Ordinance by submission of evidence of payment, if applicable, of an amount to be determined. Page4

108 Case No. CA R 1 /8 P A-13-06R 1 / , SC R 1/ Premier Park 7/2/15 2. Prior to issuance of a Certificate of Occupancy, the Owner shall: a) Complete and obtain approval for all improvements shown on the approved Public Works Review plans including both off-site and on-site improvements. b) Complete the construction of improvements described in Condition i.d), and have such improvements accepted by the appropriate jurisdiction(s). 3. Each phase of the project is required to independently comply with all infrastructure requirements, landscaping, parking and traffic patterns. The plans for each phase, demonstrating compliance with this condition, shall be submitted to and approved by the City Staff responsible for Public Works Review prior to the is~uance of a main use building permit. 4. The shared parking analysis submitted by Petitioner is approved based upon the characteristics of the tenant mix and uses proposed on the Site Plan. Any application to the City for a new or transferred business tax receipt and certificate of use (or for a certificate of use only, if no business tax receipt is required) for a new business ("Replacement Tenant") to operate on the Property shall include, in addition to such application, a worksheet summary of all uses on the Property consistent with the submitted parking analysis including: a) An update of the shared parking analysis. Failure of the Owner to comply with and/or provide adequate parking based on the shared parking analysis shall render this approval null and void and of no effect; and b) Evidence, to the City's satisfaction, that any Replacement Tenant has similar parking characteristics as the currently proposed tenant. Should the City's Traffic Engineer determine that the updated shared parking analysis demonstrates that the Replacement Tenant has characteristics inconsistent with the findings that support the shared parking analysis granted herein, this approval shall become null and void and of no effect. cc: Daniel Grippo, P.E., CEM, Director of Municipal Services Jim Bell, AICP, Acting Deputy Director of Development Services Rasem Awwad, P.E., Transportation Planning Engineer Joy Puerta, Transportation Analyst Q:l(fRAFF/C'J..and Deve/opmemiMixedUse\PremierAviation'V?l\Eng Memo\Eng Memo_Premier Park_R2_ docx Page 5

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111 Carolyn D_ Bodor, SRPA Premier Park June 12, 2015 Page 2 of2 No building permits are to be issued by the City after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have a uestions regarding this determination, please contact me at ornm~~~~b~cruo~vu.o~rg. MariaM. Senior Professional Engineer Traffic Division MMT/saf ec: Shaun G. Mackenzie, P.E. ~MacKenzie Engineering & Planning, Inc. Steve Bohovsky Technical Assistant Ill, Traffic Division File; General - TPS Mun Traffic Study Review F:\TRAFFICIMMT\MUNICIPALITIES\APPROVALS'.LtHS\ PREMIER PARK- R.OOC

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116 ltv FB R T N DEVELOPMENT SERV!CiES!DEPARTMENT 201 WEST PALMETTO PARI:< ROAD BOCA RATON, FLORIDA TELEPHONE (561) o FAX (561) REQUIRED FEES (Silt P.~an): 11 the proposed! cqndntional use requires appriovai of a snte pian or modification of an' existing site plan, you must also file a site plan approval application (SPA) and remit the fees required for such site plan. Please be advised that the Advertising and Notice fee forr the SPA application will not be required {since you are remitting the CA advertising and notice fee with this application). SUBM~TTAl REQUIREMENTS: Three (3) signed and sealed! surveys (dated no more than six months prior to the date of Wing this application) of the property. Eighteen (i 8) copies of: fold!e~ proposed! site pian, appucation and bacih!p. One (i) CD with all documents/plans submitted in pdf format.

117 owners of real property within the boundary of a proposed site plan are required to consent to this application. Please attach additional sheet{s) or notarized authorization(s) if necessary.) A.. '"t> s 0 G Uh>;-\-c s I I N c. INC.,~--=- :_--=---~-=------l.~:~4,~.((~.. ~/ Dlh.~ ~ N. u (V.'N\ ~ w :;.;::!::/::i.

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