CRP-08-03R5/15-97500006 Hyatt Hotel Boca Raton IDA Amendment 120 East Palmetto Park Road

Background

On September 22, 2014, the CRA approved the development of a 200 room hotel totaling 143,190 square feet to be located at the southeast corner of the intersection of East Palmetto Park Road and South Federal Highway (CRP-08-03R3). The plan included an 8,000 square foot quality restaurant with valet service proposed north of the hotel fronting South Federal Highway and wrapped around to the southeast corner of the site along East Palmetto Park Road to Southeast 1st Avenue. The restaurant included 5,000 square feet of customer service area (CSA) and 50 linear feet of bar.

Planning Considerations

The Applicant recently submitted building plans for review and approval by City Staff Responsible for Public Works Review (PWR) specifically for the existing/proposed streetlight diagram and streetscape details. Staff was made aware that the proposed streetlight located at the southeast corner of the site did not match the existing or relocated streetlights on the site. Thus, the proposed streetlight is inconsistent with the required streetlights in the Downtown.

The previously approved Condition No. 21 (for both the RAM and Hyatt approvals) stated that prior to the issuance of a Certificate of Occupancy, all existing streetscape beautification elements (decorative pavers, landscaping, irrigation, decorative streetlights) in the public right-of-way shall be preserved and/or relocated as necessary, subject to CAB review and approval by PWR. To this end, Staff is amending the condition to require that any new decorative streetlights installed, or any existing streetlights be replaced with the same decorative streetlights that are in accordance with the Downtown Street Design Standards to ensure uniformity and consistency along any street where the new lamps are installed. The Applicant concurs with the amended condition.

With regard to the modification of Condition No. 52, the Applicant states that the installation of undergrounding utilities prior to the construction of the foundation of the main building could result in the installation of the utilities in an incorrect location. Additionally, it is a typical construction practice not to bury utility lines prior to commencing vertical construction because once the lines are buried there is a risk that adjacent digging to a deeper depth than the depth of the buried utility lines could cause the underground utilities to collapse. Staff has received a letter from the project engineer confirming this statement.

Moreover, staff has received a letter from Florida Power & Light (FPL) dated January 14, 2015 confirming that the proposed vault room and layout to convert the existing overhead facilities to underground has been approved. This letter from FPL is also consistent with Condition No. 53 of the IDA which also relates to the undergrounding of wires/wiring.

DEPARTMENT AND PUBLIC REVIEW

The Planning and Zoning Board will review the proposed petition at a public hearing to be held on March 5, 2015.

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CRP-08-03R5/15-97500006 Hyatt Hotel Boca Raton IDA Amendment 120 East Palmetto Park Road

RECOMMENDATION

Based on the Development Services Department Staff report and recommendation, I recommend approval of IDA CRP-08-03R5 subject to the conditions in the attached Individual Development Approval.

FISCAL IMPACT

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

Document originated by: Susan P. Lesser, Senior Planner Development Services Department

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DDRI IDA NO. CRP-08-03R5 15-97500006

120 EAST PALMETTO PARK ROAD

CONSIDERATION OF AN AMENDMENT TO INDIVIDUAL

DEVELOPMENT APPROVAL CRP-08-03R3 OF THE CITY OF

BOCA RATON COMMUNITY REDEVELOPMENT AGENCY

MODIFYING CONDITIONS RELATING TO THE

INSTALLATION OF ANY NEW DECORATIVE STREETLIGHTS

AND THE TIMING OF THE INSTALLATION OF

UNDERGROUND UTILITIES FOR THE HYATT PLACE HOTEL

BOCA RATON GENERALLY LOCATED ON 1.087 ACRES AT

120 EAST PALMETTO PARK ROAD (AT THE SOUTHEAST

CORNER OF THE INTERSECTION OF EAST PALMETTO

PARK ROAD AND SOUTH FEDERAL HIGHWAY); THE

PROPOSED INDIVIDUAL DEVELOPMENT APPROVAL WILL

RESULT IN APPROXIMATELY 502,050 SQUARE FEET OF

OFFICE EQUIVALENT DEVELOPMENT REMAINING IN

DOWNTOWN SUBAREA D; PROVIDING FOR SEVERABILITY;

PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE

DATE

WHEREAS, on September 22, 2014, the CRA approved CRP-08-03R3, which approved a 200 room hotel for the Hyatt Place Hotel Boca Raton with a height of one hundred and forty (140) feet with additional architectural/tower features not to exceed a height one hundred and sixty (160) feet, including 8,000 square feet of restaurant use (Retail (High)) and 115,354 square feet of structured parking, with technical deviations from Chapter 23-190, Code of Ordinances, related to a reduction in minimum driveway reservoir length and the elimination of one ( 1) egress lane on Southeast 1st Avenue and off-street truck maneuvering on 1.087 acres of real property generally

located at 120 East Palmetto Park Road (at the southeast corner of the intersection of East Palmetto Park Road and South Federal Highway).

WHEREAS, pursuant to the provisions of Ordinance No. 4035 of the City of Boca Raton Community Redevelopment Area Downtown Development of Regional Impact (DDRI) Development Order, ("DDRI Development Order"), and the Rules of the Boca Raton Community Redevelopment Agency, ("Rules"), Kolter Acquisitions ("Applicant") as contract purchaser, has filed an Application to Amend an Individual Development Approval (CRP-08-03R3) for land located within the boundaries of the DDRI ("Application"), with the Community Redevelopment Agency of the City of Boca Raton ("CRA"); and

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

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

WHEREAS, the CRA, having considered all of the foregoing and being fully advised and informed in the premises, has determined that it is in the best interests of the citizens of Boca Raton to [approve/deny] an Amendment to the Individual Development Order for the property which is the subject of the aforementioned Application, subject to specified conditions and limitations.

FINDINGS OF FACT

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

1. The Applicant has filed with the CRA an Application for an Amendment to the Individual Development Approval CRP-08-03R3 ("IDA") ("Hyatt Project") on a parcel of land proposed for development within the Community Redevelopment Area Downtown Development of Regional Impact pursuant to provisions and requirements of the DDRI Development Order and the Rules, modifying conditions relating to the installation of any new decorative streetlights and the timing of the installation of underground utilities which is legally described in Exhibit A, attached hereto and incorporated herein ("Property).

2. The Application was determined to be complete by the Executive Director of the CRA on February 27, 2015.

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

4. On February 27, 2015, the Executive Director of the CRA submitted his report and recommendation in regard to the Application, recommending approval of the Application.

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

6. The Downtown Quality Project meets all the requirements of the Downtown Quality Development Regulations and DDRI Development Order.

CONCLUSIONS OF LAW

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

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

2) The CRA is duly authorized and empowered to grant this amendment to IDA CRP-08-03R3.

NOW, THEREFORE, IN ACCORDANCE WITH THE REQUIREMENTS OF ORDINANCE NO. 4035 OF THE CITY OF BOCA RATON AND THE RULES, THE BOCA RATON COMMUNITY REDEVELOPMENT AGENCY [DOES/DOES NOT] HEREBY GRANT THIS AMENDMENT TO INDIVIDUAL DEVELOPMENT APPROVAL CRP-08-03R3, FOR THE REAL PROPERTY DESCRIBED IN EXHIBIT A, SUBJECT TO THE FOLLOWING CONDITIONS, RESTRICTIONS AND LIMITATIONS ORIGINALLY SET FORTH IN CRP-08-03R3:

GENERAL

1. The initial Application for an IDA CRP-08-03R2 with a conversion of uses and technical deviations was approved for one (1) mixed use building not exceeding one hundred thirty-eight (138) feet in height including 270,160 square feet of mixed use development and an internal eight (8) level 262,330 square foot parking structure located on the southern portion of the subject property. The development includes 208 residential units and 23,299 square feet of retail uses with technical deviations from Chapter 23 related to off-street circulation and off­street truck maneuvering and a technical deviation from the DDRI Development Order Section 2(4)(b)2 to allow an alternative parking arrangement to reduce the number of required parking spaces by 68 parking spaces, resulting in approximately 409,632 square feet of office equivalent development remaining in Downtown Subarea D. If approved, the Applicant, its heirs, successors and/or assigns are hereby authorized to apply for and receive building permits for the development of the Property based upon the plans dated February 6, 2012, attached as Exhibit B, subject to the conditions, restrictions and limitations set out in this IDA

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Additional Provisions for the IDA:

A. Each of these conditions has been voluntarily offered by the Owner of the Property and the Owner has represented to the CRA that it is the express intent of the Owner to be governed by the conditions contained herein, which conditions shall govern development of the Property, and that said conditions shall bind the Owner. These conditions are adopted pursuant to the CRA's applicable provisions of law. Adherence by the Owner to these conditions is deemed by the CRA to be an integral part of its determination that adoption of this resolution is an appropriate exercise of its power to approve the IDA with respect to the property described in Exhibit "A". If any condition (including voluntary proffers) set forth herein is declared invalid or unenforceable for any reason, the City expresses its intent that it would not have enacted this resolution without each of said conditions. In addition to any and all available remedies, failure to abide by these conditions may result in the revocation of this development approval and the rendering of the development (and the use of the Property as contemplated in this IDA approval) unlawful pursuant to the City's Code of Ordinances, the DDRI Development Order and the Rules.

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

C. All resolutions or parts of resolutions in conflict herewith are repealed.

D. All conditions of CRP-08-03R2 and CRP-08-03R3, not revised by this Amendment to the IDA shall remain in full force and effect.

E. This resolution shall take effect immediately upon adoption.

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EXHIBIT A

Legal Description:

A portion of Parcel "C", PALMETTO PARK PLAT, according to the Plat thereof as recorded in Plat Book 89, Pages 200 and 201, of the Public Records of Palm Beach County, Florida; being described as follows:

Commence at the northeast corner of said Parcei"C", thence 888°55' 52"W, along the north line of said Parcel "C", 279.31 feet to the Point of Beginning; thence 500°58'18"E, 265.00 feet; thence 888°55'52" W, 157.49 feet; thence N45°38'36"W, 35.09 feet thence N00°52'34" W, 106.79 feet; thence N00°45'04"W, 99.54 feet; thence N41°21'43"E, 45.63 feet; thence N88°55'52"E, 150.87 feet to the Point of Beginning.

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Page2 Hyatt Place Hotel CRP-08-03R5/15-97500006

Background

On September 22, 2014, the CRA approved the development of a 200 room hotel totaling 143,190 square feet to be located at the southeast corner of the intersection of East Palmetto Park Road and South Federal Highway (CRP-08-03R3). The plan included an 8,000 square foot quality restaurant with valet service proposed north of the hotel fronting South Federal Highway and wrapped around to the southeast corner of the site along East Palmetto Park Road to Southeast 1st Avenue. The restaurant included 5,000 square feet of customer service area (CSA) and 50 linear feet of bar.

Planning Considerations

The Applicant recently submitted building plans for review and approval by City Staff Responsible for Public Works Review (PWR) specifically for the existing/proposed streetlight diagram and streetscape details. Staff was made aware that the proposed streetlight located at the southeast corner of the site did not match the existing or relocated streetlights on the site. Thus, the proposed streetlight is inconsistent with the required streetlights in the Downtown.

The previously approved Condition No. 21 (for both the RAM and Hyatt approvals) stated that prior to the issuance of a Certificate of Occupancy, all existing streetscape beautification elements (decorative pavers, landscaping, irrigation, decorative streetlights) in the public right-of­way shall be preserved and/or relocated as necessary, subject to CAB review and approval by PWR. To this end, Staff is amending the condition to require that any new decorative streetlights installed, or any existing streetlights be replaced with the same decorative streetlights that are in accordance with the Downtown Streets Design Standards to ensure uniformity and consistency along any street where the new lamps are installed. The Applicant concurs with the amended condition.

With regard to the modification of Condition No. 52, the Applicant states that the installation of undergrounding utilities prior to the construction of the foundation of the main building could result in the installation of the utilities in an incorrect location. Additionally, it is a typical construction practice not to bury utility lines prior to commencing vertical construction because once the lines are buried there is a risk that adjacent digging to a deeper depth than the depth of the buried utility lines could cause the underground utilities to collapse. Staff has received a letter from the project engineer confirming this statement.

Moreover, staff has received a letter from Florida Power & Light (FPL) dated January 14, 2015 confirming that the proposed vault room and layout to convert the· existing overhead facilities to underground has been approved. This letter from FPL is also consistent with Condition No. 53 of the IDA which also relates to the undergrounding of wires/wiring.

Summary and Recommendation

Based on Staff's review of the submitted petition to modify Condition Nos. 21 and 52 and supporting documentation from FPL pertaining to the changes to Condition No. 52, the Development Services Department recommends approval for CRP-08-03R5/13-97500006, with the revised conditions of approval listed in the accompanying amendment to Individual Development Approval CRP-08-03R3.

Staff Report Prepared by: Susan P. Lesser, Senior Planner

Q:IP-Z\Zoning Cases\CRP Projects\2014\Hyatt Place Hotei\Staff Report 2-4-15 .doc

January 20, 2015

RE: Petition to Amend DDRI IDA NO. CRP-08-03R3 13-97500028 Hyatt Place Hotel Boca Raton

Narrative In Support of Proposed Amendment

As approved, Paragraph 52 to the referenced IDA would preclude the issuance of a main use building permit for the hotel until the Petitioner had first designed, constructed and completed the installation below ground of all electric, telephone, CATV and all other utility distribution lines on the site or in any abutting public or private right-of-way, street, alley, easement, driveway, or other access roadway.

While the Petitioner appreciates the importance to the City of having assurance that certain utility lines which could be abo.ve ground are, in fact, buried below ground, the provisions of Paragraph 52 are simply not subject to being adhered to in the ordinary course of industry standard construction practice.

From a constructability standard, the installation of below-ground utilities prior to construction ofthe foundation of main building coul9 result in the installation in an incorrect location. Additionally, there is a generally recognized construction axiom not to bury utility lines prior to commencing vertical construction because once lines are buried there is a risk that adjacent digging deeper than the depth that the utility lines were buried could cause the underground utilities to collapse.

The proposal by the Petitioner is to have the issuance of the Certificate of Completion predicated and conditioned on the proper construction and below ground installation of utility lines. The Petitioner cannot commence design and planning for the relocation from overhead to underground until the final site plan is approved. The Petitioner has been advised that FPL is slowed by virtue of the multitude of projects cmTently moving forward such that the Petitioner could be placed on hold for nine or more months before being able to go vertical waiting on approval of design and planning from FPL as well as other utility providers who are, as stated above, finding it difficult to keep pace with the request for input and approval of the planning and designing of site plans for the transfe1Ting from aboveground to underground.

Thank you for your consideration of the foregoing.

# 96669 vi

Mitchell . i hner, Esq., Attorney for Petitioner

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FINDINGS OF FACT

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

·1. All findings of fact contained in CRP-08w03R2 numbered 1 - 10 remain in full force and effect. The following findings of fact relate to this amendment, CRP-08-03R3.

2. The Applicant has filed with the CRA an Application for an Amendment to the Individual Development Approval CRP-08-03R2 ("IDA") ("Hyatt Project") (requiring a conversion of uses) on a parcel of land proposed for development within the Community Redevelopment Area Downtown Development of Regional Impact pursuant to provisions and requirements of the DDRI Development Order and the Rules, based on plans prepared by Slattery & Associates, date stamped July 16, 2014 by the Development Services Department to develop a 200 room hotel for the Hyatt Place Hotel Boca Raton with a height of one hundred and forty (140) feet with additional architectural/tower features not to exceed a height one hundred and sixty (160) feet, including 8,000 square feet of restaurant use (Retail (High)) and 115,354 square feet of structured parking, with technical deviations from Chapter 23-190, Code of Ordinances related to a reduction in minimum driveway reservoir length and the elimination of one (1) egress lane on Southeast 1st Avenue and off-street truck maneuvering on 1.087 acres of real property generally located at 120 East Palmetto Park Road (at the southeast corner of the intersection of East Palmetto Park Road and South Federal Highway) which is legally described in Exhibit A, attached hereto and incorporated herein ("Property).

3. The ·Application was determined to be complete by the Executive Director of the CRA on August 27, 2014.

4.

5.

The CRA has given notice and hel( a public hearing to consider the Application.

On August 27, 2014, the Executive Director of the CRA submitted his report and recommendation in regard to the Application, recommending approval of the Application including the technical deviations.

6. Approval of 8,000 square feet of Retail (High) exceeds the amount of 0 Retail (High) available in this subarea and requires a conversion of uses within the subarea. ·

7. The conversion of uses within the subarea identified above does not affect any other subarea and Is consistent with the requirements of the DDRI Development Order.

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

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9. The anticipated net annual tax increment revenue generated by this proposed development is estimated to be $96,000.00.

1 0. The Downtown Quality Project meets all the requirements of the Downtown Quality Development Regulations and DDRI Development Order.

CONCLUSIONS OF LAW

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

1) The Project proposed in the Application with a conversion of uses and technical deviations complies with the requirements of the DDRI Development Order and the Rules.

2) The Application for the Amendment to the IDA with technical deviations from Chapter 23-191, Code of Ordinances related to a reduction in minimum driveway reservoir length and the elimination of one (1) egress lane on· southeast 1st Avenue and off­street truck maneuvering has been filed by JMD Engineering, Inc. dated July 8, 2014 and has been considered in accordance with each and every applicable requirement of the DDRI Development Order and the Rules and the Boca Raton Code of Ordinances.

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

NOW, THEREFORE, IN ACCORDANCE WITH THE REQUIREMENTS OF ORDINANCE NO. 4035 OF THE CITY OF BOCA RATON AND THE RULES, THE BOCA RATON COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY GRANT THIS AMENDMENT TO INDIVIDUAL DEVELOPMENT APPROVAL CRP~08-03R2, WITH A CONVERSION OF USES AND TECHNICAL DEVIATIONS FOR THE REAL PROPERTY DESCRIBED IN EXHIBIT A, SUBJECT TO THE FOLLOWING CONDITIONS, RESTRICTIONS AND LIMITATIONS ORIGINALLY SET FORTH IN CRP~OB-03R2:

GENERAL

1. The initial Application for an IDA CRP-08-03R2 with a conversion of uses and technical deviations was approved for seeks one {1) mixed use building not exce~ding one hundred thirty~eight (138) feet in height including 270,160 square feet of mixed use development and an internal eight (8) level 262,330 square foot parking structure located on the southern portion of the subject property. The development includes 208 residential units and 23,299 square feet of retail uses with technical deviations from Chapter 23 related to off-street circulation and off-street truck maneuvering and a technical deviation from the DDRI

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EXHIBIT A

Legal Description:

A portion of Parcel "C", PALMETTO PARK PLAT, according to the Plat thereof as recorded in Plat Book 89, Pages 200 and 201, of the Public Records of Palm Beach County, Florida; being qescribed as follows:

Commence at the northeast corner of said Parcel ''C", thence 888°55' 52"W, along the north line of said Parcel "C", 279.31 feet to the Point of Beginning; thence 500°58'18"E,· 265.00 feet; thence 888°55'52" W, 157.49 feet; thence N45°38'36"W, 35.09 feet thence N00°52'34" W, 106.79 feet; thence N00°45'04"W, 99.54 feet; thence N41°21'43"E, 45.63 feet; thence N88°55'52"E, 150.87 feet to the Point of Beginning.

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