CRP-08-03R3/13-97500028 Hyatt Hotel Boca Raton 120 East Palmetto Park Road

Parking and Valet Service

Parking

The Project requires a total of 296 parking spaces per the Downtown Development Order and 322 parking spaces are provided. The proposed 115,354 square foot hotel parking structure contains five (5) levels of parking and provides 273 parking spaces. In addition, 49 parking spaces are provided in the adjacent garage at "The Mark" mixed use building. As previously indicated, pursuant to the approved technical deviation (CRP-08-03R2) for an alternative parking arrangement, a parking easement agreement has been provided by the Applicant with "The Mark" building. Therefore, the total parking provided on and off site is 322 spaces. The total parking provided exceeds the requirement by 26 spaces. As valet parking is proposed for the restaurant, the 49 spaces the adjacent in the "Mark" Building garage are to be utilized by the valet operation relating to the restaurant use. It should be noted that no gate is provided to separate these 49 spaces within the adjacent garage at "The Mark"; however, access control gates are included in the Hyatt garage at points of ingress and egress.

Furthermore, staff has conditioned that the Applicant enter into an agreement with the City, through a revocable license, for the use of two (2) public parking spaces located in the right-of-way of East Royal Palm Road adjacent to the southeast corner of the proposed development. The use of the two (2) public parking spaces shall only be for loading and unloading activities of the hotel, and shall only be utilized during certain hours of the day as specified in the license.

Lastly, the two (2) proposed on-street parking spaces on the southeast corner of the property, and along this privately owned section of SE 1st Avenue, shall be available for public use and shall serve the public as replacement for the two (2) on-street spaces displaced by the loading zone proposed on East Royal Palm Road. Staff has conditioned the Applicant enter into an agreement with the City, through a revocable license, attached herein, for the use of these two (2) public parking spaces located in the right-of-way of East Royal Palm Road adjacent to the southeast corner of the proposed development.

Valet Service for only the Restaurant Use

Adjacent to the entry area to the hotel site the Applicant is proposing valet parking to be provided only for the restaurant use and not for hotel guests. Restaurant guests will pull up in front of the interior entry court of the restaurant, located directly north of the hotel and drop their car off at the valet. The valet service drives the vehicle directly to the hotel garage ramp to park the vehicle within the hotel garage, or to "The Mark" adjacent garage for parking. Restaurant valet parking is provided with 51 spaces in the hotel garage. In addition, the restaurant valet has access to 49 spaces in "The Mark" garage through the use of an ingress, egress and access easement and parking easement with the property Owner of "The Mark". Conversely, hotel guests will drive up to the hotel entry, west side past the restaurant entrance, and once checked in will use a card access to enter the garage to park. A notation depicted on the site plan indicates that valet parking is for the restaurant use only and that hotel guests will access the parking garage by access card provided to them at check in.

DEPARTMENT AND PUBLIC REVIEW

On August 19, 2014, the Community Appearance Board (CAB) reviewed the proposed petition and voted unanimously (7 -0) to recommend approval.

6

CRP-08-03R3/13-97500028 Hyatt Hotel Boca Raton 120 East Palmetto Park Road

The Planning and Zoning Board reviewed the proposed petition at a public hearing held on August 21, 2014. The Board unanimously recommended approval (7-0) with one (1) condition. The Board recommended that prior to the issuance of a main use building permit, building/civil plans should reflect that additional bicycle parking be provided in the parking structure, in addition to the bicycle parking shown on the approved site plan. Staff concurs with this condition and has included it in the IDA resolution.

As part of the Board's discussion of the site plan, the Board raised concerns relating to fire safety issues (see attached memo) that may be impacted by the proposed restaurant delivery trucks/loading zone at the northeast corner of the site. In particular, the Board questioned whether there was a need for a fire lane on Southeast 1st Avenue. To this end, the Board requested that the Fire Rescue Services Department, during their review of the project at Public Works Review (PWR), determine if additional improvements including a fire lane will be required along Southeast 1st Avenue.

RECOMMENDATION

Based on the Development Services Department Staff report and recommendation and the recommendation of the Planning and Zoning Board, I recommend approval of IDA CRP-08-03R3 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

7

DDRI IDA NO. CRP-08-03R3 13-97500028

120 EAST PALMETTO PARK ROAD

CONSIDERATION OF AN AMENDMENT TO INDIVIDUAL

DEVELOPMENT APPROVAL CRP-08-03R2 OF THE CITY OF

BOCA RATON COMMUNITY REDEVELOPMENT AGENCY TO

DEVELOP A 200 ROOM HOTEL FOR THE HYATT PLACE

HOTEL BOCA RATON WITH A HEIGHT OF ONE HUNDRED

FORTY (140) FEET WITH ADDITIONAL

ARCHITECTURAL/TOWER FEATURES, NOT EXCEEDING

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 RELATING 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 FOR PROPERTY

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); AND ALLOWING FOR A

CONVERSION OF USES WITHIN DOWNTOWN SUBAREA D;

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 May 21, 2012, the CRA approved CRP-08-03R2, which approved a mixed use building with a height not exceeding one hundred thirty eight (138) feet, including 270,160 square feet of mixed use development with an internal eight (8) level 262,330 square foot parking structure, located upon the southern portion of the subject property. The Project proposed 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 Section 2(4)(b)2 of the Downtown Development of Regional Impact Development Order to reduce the number of required parking spaces.

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"), Palmetto Park at Federal LLC ("Owner") and Kolter Acquisitions ("Applicant") as contract purchaser, have filed an Application to Amend to an Individual Development Approval (CRP-08-03R2) with a conversion of uses and technical deviations 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 Individual Development Order for the property which is the subject of the aforementioned Application, subject to specified conditions and limitations.

2

FINDINGS OF FACT

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

1. All findings of fact contained in CRP-08-03R2 numbered 1 - 1 0 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. The CRA has given notice and held a public hearing to consider the Application.

5. 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.

3

or tables. including but not limited to movable chairs and tables. on any portion of the easement.

51. The hotel Retail (High) restaurant square footage (8,000 square feet) shall only be occupied by restaurant uses of no more than 5,000 square feet of customer service area (CSA) and 50 linear feet of bar. Prior to the issuance of any permit for tenant improvements or the issuance of a certificate of use. the Executive Director or his designee shall confirm that any restaurant use does not occupy more than 5,000 square feet of customer service area (CSA) and 50 linear feet of bar for the hotel.

52. Prior to the issuance of a main use building permit, the Applicant shall be responsible for the design, construction and completion of the installation underground of all electricity, 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.

53. Prior to any construction activity on the site whatsoever, the Owner shall coordinate with FPL to ensure that all underground wires/wiring must be vaulted per the specifications of FPL. The Owner shall be responsible for all costs associated with the vaulting of the underground wiring and provide evidence to the City that such coordination has been approved by FPL prior to the issuance of any permit.

54. Prior to the issuance of a main use building permit. building/civil plans shall reflect that additional bicycle parking, in addition to the bicycle parking shown on the approved site plan, be provided in the parking structure.

Application of Conditions to the Mark and the Hyatt Project.

CRP-08-03R2 approved the Project known as the Mark ("R2"). The site plan attached to R2 contained a vacant parcel for future development. This amendment, CRP-08-03R3 ("R3"), approves the Hyatt Project which is situated within the parcel previously labeled for future development. R2 sets forth 41 conditions. R3 amends four (4) R2 conditions (1, 3, 4, 30) and contains new conditions 42-54. The four (4) amended conditions in R3 (1, 3, 4, 30) are applicable both to the Mark and the Hyatt Project. Conditions in R3 numbered 42-54 are only applicable to the Hyatt Project. Conditions in R2 numbered 7, 8, 15-17, 20, 24-26, 28, 29, 33, 34, 36, 37 and 41 are only applicable to the Mark. Conditions in R2 numbered 2, 5, 6, 9-14, 18, 19, 21-23, 27, 31, 32, 35 and 38-40 are applicable to both the Mark and Hyatt Project.

Additional Provisions for the IDA:

A. Each of these conditions has been voluntarily offered by the Owner for 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

9

. DEVELOPMENT SERVICES DEPARTMENT, BOCA RATON, FLORIDA PLANNING REPORT

Planning & Zoning Agenda Date:

CASE NO.: CRP-08-03R3/ 13-97500028

Recommendation:

Approval

August21.2014

An Amendment to Individual Development Approval (IDA) CRP-08-03R2 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 one hundred and sixty (160) feet, including 8,000 square feet of restaurant use (Retail (High)), 115,354 square feet of structured parking and allow for a conversion of uses within Downtown Subarea D, 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 off­street truck maneuvering 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).

Acting Deputy Development Services Director

Introduction

Mitchell B. Kirschner, Esq., agent for Kolter Acquisitions, LLC ("Applicant") and contract purchaser and Palmetto Park at Federal LLC ("Owner), requests approval to develop a 200 room hotel for the Hyatt Place Hotel Bo9a Raton ("Project"), with a height of one hundred and forty (140) feet with additional architectural/tower features not to exceed one hundred and sixty (160) feet, including 8,000 square feet of restaurant use (Retail (High)) and 115,354 square feet of structured parking and allow for a conversion of uses within Downtown Subarea D. The application also includes a request for 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. The subject property is generally located on 1.087 acres at the southeast corner of the intersection of East Palmetto Park Road and South Federal Highway. This petition is a request for Phase 5 of the previously· approved Palmetto Park mixed-use development. The proposed development is located in the Downtown Subarea D, resulting in approximately 502,050 square feet of office equivalent development remaining in Subarea p.

Page 2 Hyatt Place Hotel CRP-08-03R3/13-97500028

Background

On May 21, 2012, the CRA approved the development of Phase 4 of the Palmetto Park mixed use project. The development consisted of one (1) mixed use building, approximately one hundred thirty-eight (138) feet in height, including 270,160 square feet of mixed use development and a conversion of uses and an internal eight (8) level 262,330 square foot parking structure to occupy the southern portion of the subject property, The development included 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 Boca Raton Downtown Development of Regional Impact (DDRI) Development Order to allow a reduction in the number of .required parking spaces.

It should be noted that the· technical deviation from the DDRI Development Order, specifically. paragraph 2(4)(b)(2) included approval of an alternative parking arrangement to reduce the number ofrequired parking spaces. The project required 707 parking spaces and 691 spaces were provided. The applicant requested and received a technical deviation for 68 spaces, after indicating demand for only 623 parking spaces would be required. When construction was completed, they would have a surplus of 84 parking spaces available. Therefore, these spaces could be leased to others (such as the hotel), thus providing an alternative parking arrangement. Unless the City identified a shortage, staff conditioned the Owner would be required to take

corrective action. Further discussion of this parking arrangement will be discussed later in this report.

Phase 4 of the mixed use building is currently under construction and is known as "The Mark at Cityscape". At the southeast corner of the intersection of Palmetto Park Road and Federal Highway, a future phase, (Phase 5) was proposed and is the subject of this petition.

Planning Considerations

The Applicant of this IDA is proposing to construct a 200 room hotel (73 single sleeping rooms, 107 two (2) sleeping rooms, 20 suites with twelve (12) single sleeping rooms and eight (8) two sleeping rooms) totaling 143,190 square feet to be located at the south east corner of East Palmetto Park Road and South Federal Highway. The hotel rooms range from 320 square feet to 860 square feet in area. The proposed plan also includes 8,000 square feet of restaurant use (Retail (High)).

An entry to the hotel is located in the middle of the site along Federal Highway which provides access to the 12,300 square foot lobby (with mezzanine) through to an entry courtyard with a porte cochere providing access to the hotel, proposed restaurant and drop-off/pickup area just west of Southeast 1st Avenue. Ground level amenities include a lounge, cafe and sun room. In addition to three (3) meeting rooms and two (2) conference rooms, the pool and recreational amenities for hotel guests are located on the second hotel level of the building. A covered arcade is provided around the entry court and drop-off/pickup area for the convenience and comfort of the hotel guests. It extends along the southernmost portion of the site along Southeast 1st Avei)Ue. Pedestrian circulation around the building is enhanced with access proposed along the east side of the site ·along Southeast 1st Avenue across to The Mark at Cityscape site. Lastly, entry to the 5-level, 115,354 square foot parking garage is proposed south of the drop-off/pick up area.

An 8,000 square foot qu.ality restaurant with valet service is proposed north of the hotel fronting Federal Highway and wraps around the site as well from the southeast corner of the site

Page 3 Hyatt Place Hotel CRP-08-03R3/13-97500028

along East Palmetto Park Road to Southeast 1st Avenue. The restaurant proposes 5,000 square feet of customer service area (CSA) and 50 linear feet of bar. Approximately 1 ,200 square feet of outdoor seating is proposed.

The parameters applicable to staff's review of the project's consistency with the Downtown DDRI include building height, setbacks, open space, architecturai review, site access and parking.

Building Height

The City's urban design review consultant Urban Design Associates (UDA) has reviewed the proposed plans in accordance with the Interim Design Guidelines (lOG) five (5)-step process (Compliance Checklist of the Interim Design Guidelines), including building massing and articulation. The project conforms to the Compliance Checklist of the lOG. Moreover, pursuant to Section 3(d)(1) of the DDRI, bulk regulations allow non-habitable space such as tower elements or mechanical enclosures to extend a maximum of twenty (20) feet above the height of the tallest Primary Building Mass which is 140 feet. As previously indicated, the proposed structure has been designed with a height of 140 feet with additional architectural/tower features not to exceed a· height one hundred and sixty (160) feet (including non-habitable space) as could be allowed in the lOG.

Setbacks and Sidewalks

For the upper floors of the project fronting Palmetto Park Road, Federal Highway and East Royal Palm Road, the DDRI Ordinance amendment proposed by the Applicant allows for the Project to use the Downtown Quality Development Regulations and the lOG to allow for encroachments into the setbacks for the portions of the building in order to provide for greater building articulation. As such, the Architectural Opportunity Zone (AOZ) can apply to allow for setback encroachments at these building heights.

The utilization of the AOZ will serve the purpose of allowing for greater building articulation for the project. In terms of AOZ allowance, consistent with the lOG requirements, the total AOZ volume of the building is 1 ,095,660 cubic feet. The building meets the massing standards of the lOG as 26.7 percent of the 35 percent of the AOZ volume limitation is used. Therefore, the CRA Board may grant the additional forty (40) feet for a total of one hundred and forty ( 140) feet in height.

The Applicant is providing eight (8) foot wide accessible sidewalks along Federal Highway and Palmetto Park Road. It should be noted that the Applicant's engineer of record has stated that FOOT will not review, approve or permit a modified plan that would include an enhanced landscape buffer and/or a wider pedestrian zone adjacent to Federal Highway.

Open Space

For proposed structures in the DDRI, if the building is greater than 75 feet in height, the requirement for open space is 40 percent. The site plan provides for 18,956 square feet or 40.03 percent of the site to be maintained as open space.

PROJECT NARRATIVE HYATT PlACE HOTEl1 BOCA RATON

The proposed project will be a Hyatt Place Select Service Hotel to be located on a 1 .. 1 acre. parcel of land atthe SE intersection of S. Federal HWy and Palmetto Park Road. in Boca Raton, Florida.

The Hotel will contain a totaJ.of 200 guest rooms, an Integrated pe1rking structure, and a full service restaurant fronting both Federal Hwy and Palmetto Park Road at the street level. In addition to the restaura.nt, the first floor will contain the Hotel Lobby, Hot~l Amenities, apd a courtyard entry drive with a Porte' Cochere providing access to the hotel, restaurant, and parking components. Also at grade lev_el are loading zones with. _service access to the building. The loading zohe at the NE corner ofthe building provides restaurant$eryice, deliveries and trash pick-up. The loading zone at the south side of the building will provide the same service for the Hotel component. All trash will be housed inside th.e building adjacent to each respective loading zone. Parking will be located at grade and within 4 levels of structured parking; the parking is accessed at grade level through a security gate by way of card access for hotel guests, and valet parking for the restaurant patrons. The hotel guest rooms are located on floors 2 through 9, with the hotel meeting rooms and a rooftop pool amenity/deck located at the lowesthotel floor.

Th.is project has been designed to conform to the City of Boca Raton's Downtown Interim Design Guidelines as well as the Pattern Book, Additionally, t.he developer plans to begin construction in March 20:1-5 at the time the adjacent residenti<:JI project "The Mark" js complete.

Z:\Correspondence\2011 Jobs\2011-21 Hyatt Place Hotel· Boca Raton\072214 PROJECT NARATIVE:docx

Return to: (enclose self-addressed stamped envelope)

Name: John L. Shiekman, Esq.

Address: Greenspoon Marder, P.A. Trade Centre South, Suite TOO 100 W. Cypress Creek Road Fort Lauderdale, Florida 33309-2140

This Instrument Prepared by:

John L. Shiekman, Esq. Greenspoon Marder, P .A. Trade Centre South, Suite TOO 100 W. Cypress Creek Road Fort Lauderdale, Florida 33309-2140

Parcel ID No SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING

PARKING EASEMENT AGREEMENT

THIS PARKING EASEMENT AGREEMENT ("Agreement") is entered into as of , 2014 ("Effective Date") by and between PALMETTO PARK AT FEDERAL LLC, a Delaware limited liability company ("Seller") and KOLTER ACQUISITIONS LLC, a Florida limited liability company ("Buyer").

RECITALS

A. Buyer and Seller entered into that certain Agreement of Purchase and Sale with an Effective Date of April 24, 2013 ("Purchase Agreement").

B. Seller is the owner and operator of a mixed use project located in the City of Boca Raton, Florida known as Palmetto Park City Center, and which is located upon the real property legally described on Exhibit A attached hereto and made a part hereof ("Seller Property") .. The Seller Property is being developed to contain an existing office building, 208 multi­family residential units (the "Residential Units"), and retail space pursuant to the provisions of that certain Individual Development Approval granted by the Community Redevelopment Agency of the City of Boca Raton under DDRI IDA. NO. CRP-08-03 (08-775005), as amended by that certain amendment thereto under DDRI IDA No. CRP-08-03R2 (10-77500002) the "IDA."

C. Buyer has on this date acquired certain real property adjacent and contiguous to the Seller Property (described on Exhibit B attached hereto and made a part hereof) ("Buyer Property") upon which Buyer intends to construct and operate an approximately two hundred (200) room hotel ("Hotel") and a restaurant ("Restaurant").

D. The Seller Property contains a parking garage containing approximately six hundred eighty (686) parking spaces (the "Parking Garage").

E. Pursuant to Paragraph 20 of the Purchase Agreement, the Parties agreed to enter into this Agreement in order to grant to Buyer (i) a perpetual exclusive easement for the use of the forty-nine ( 49) parking spaces identified in Exhibit C attached hereto and made a part

\142196\1 - # 60207 v3

19. l 0 The parties represent and warrant that all legal and beneficial owners of the prop('l·ty described in Exhibit A and Exhibit B have joined in this Agreement.

JN WITNESS WHEREOF, Kolter and Palmetto have executed this Agreement effective' <IS of the day and year first above written.

Signed, sealed and delivered in the presence of:

Printed N<~me:

Printed Name: --------------------

Printed N ~~me: ---'------------------

Printed N:1111e:

STATE OF FLORIDA ) ) SS:

COUNTY OF )

PALMETTO:

PALMETTO PARK AT FEDERAL LLC, a Delaware limited liability company

By: Ram Realty Associates II LLC, a Delaware limited liability company, its manager

By: ----------------------­Name: --------------------Title: ----------------------Date:

By: --------~-----------­Name:

------~-----------Title: --------------------Date: --------------------

J IIEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknovvkclged before me by · , the of RAM Rl>-\LTY ASSOCIATES II LLC, a Delaware limited liability company, the manager of PALMETTO PARK AT FEDERAL LLC, a Delaware limited liability limited company, freely and voh!litariiYunde'r authority duly vested in him/her by said limited liability company. He/she is persotirdly known to me or who has produced as identificai ion. ·

\\" ITNESS my hartd and<official seal in the County and State last aforesaid this ___ day of ,2014.

Notary Public

My Coml!1ission Expires: Typed, printed or stamped name ofNotary Public

\142196\1 - 1! t•3319 vl 16

Technical Deviation for One Egress Lane -Section 23-190(d)

A technical deviation is being requested for providing only one egress lane at the western Palmetto Park Road intermediate driveway relative to each of the five standards stipulated in Sec.23-190(k) 1 a-e of the City Code for technical deviations:

a) The technical deviation will not diminish the site's vehicular or pedestrian operation. If applicable, operational analyses shall be performed ·

The technical deviation will not diminish the site's vehicular or pedestrian operation. Having two egress lanes would require an additional 5 feet of driveway pavemep.t for pedestrians to cross along the project driveway. One ofthe goals of Ordinance 4035 is to create an environment that caters to the pedestrian rather than the automobile. Constructing only one egress lane at the proposed driveway helps to reach this goal.

b) The technical deviation results in preferable environmental impacts or traffic circulation design.

This technical deviation does not have any environmental impacts. Traffic circulation should not be adversely impacted by the lack of two egress lanes as there are only a maximum of 83 vehicles exiting the site and sufficiently long reservoir lengths are provided at the proposed driveway.

c) The technical deviation is the minimum deviation necessary for the petitioner to mcike reasonable use of the property.

The technical deviation is the minimum deviation necessary to make reasonable use of the property. The driveway provides a 14.5 foot egress lane and also maintains a pedestrian-friendly crossing.

d) The technical deviation is not detrimental to the public welfare, nor injurious to property or improvements in the surrounding area or neighborhood.

The deviation is neither detrimental to the public welfare nor injurious· to property or improvements in the surrounding area and will maintain the streetscape along Palmetto Park Road. Constructing dual egress lanes at the proposed driveway would detract from the surrounding area because they would require pedestrians to cross more driveway area.

e) Special and unique conditions exist, which are not directly attributable to the actions ofthe applicant.

The project is located in the downtown area, where attempts are being made to encourage pedestrian-friendly design and limit the expanse of pedestrian/vehicular conflicts. Designing the driveway with one egress lai:le helps the downtown area reach this goal.

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Hyatt Place- IDA Site Specific- JMD Engineering, Inc. Page 10

Technical Deviation for On-Street Truck Maneuvering- S.ection 23-190(i)

The technical deviation to allow for on-street truck maneuvering is compliant with each of the five standards stipulated in Sec. 23-190(k) l.a-e ofthe City Code for technical deviations.

1) The technical deviation will not diminish the site's vehicular or pedestrian operation. If applicable, operational analyses shall. be performed

The requested technical deviation is for on-street parking on the north side of E. Royal Palm Road. The loading zone would replace two parallel spaces and would reduce the conflicts with pedestrian activity as the space the number of vehicles using the same area will be cut in half and the frequency will experience a similar reduction. All truck movements will be in a forward manner. The loading zone is replacing two on-street parallel spaces which are being relocated within 100 feet.

The proposed on-street truck maneuvering is an improvement over the common practice elsewhere in Downtown Boca Raton, where trucks stop in the travel lane of a local street to load and unload. On-street loading is common in central business districts. As is the case here, where off-street loading areas are provided, they are typically located on low-volume side or local streets where such maneuvers can be accomplished without noticeable impact to circulating traffic and pedestrians.

2) The technical deviation results in preferable environmental impacts or traffic circulation design.

The on-street design is preferable to a loading zone where the vehicle must back into a loading bay and then back out. This design will have the vehicle going in a forward motion at all times. The on-street maneuver will be conducted in a matter of several minutes, and will only occur a few times per day, if that. To reduce any impacts, use ofthe loading bays can be restricted to hours of the day when local traffic (and pedestrian) activity is minimal.

3) The technical deviation is the minimum deviation necessary for the petitioner to make reasonable use of the property.

There is a requirement of two loading zones for the property, one for the restaurant and one for the hotel. Only one loading zone (for the hotel) requires the use of on-street truck maneuvering. The speed limit on this local street is 20 MPH or less and the slower speed will allow vehicles to safely enter and exit the loading zone without significantly impacting the existing street traffic.

' 4) The technical deviation is net detrimental to the public welfare, or injurious to property or improvements in the surrounding area or neighborhood

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Hyatt Place- IDA Site Specific- JMD Engineering, Inc. Page 11

I !

This is short stretch of street with a slow 20 MPH speed limit. The truck movements will be in a forward motion and occur only on the north side of E. Royal Palm Road as far removed from Federal Highway as possible. Therefore there are no detrimental impacts to the public, surrounding area or surrounding neighbo~hoods.

5) Special and unique conditions exist, which are not directly attributable to the actions of the applicant.

The site access is on an internal road and there is no room on site to provide for the second required loading space without significant loss of parking and detrimental impacts on the site's internal circulation. As previously noted, the effected local street, E. Royal Palm Road, is an low-volume roadway with a low speed. For these reasons, on-street truck maneuvering is reasonably safe and appropriate and has been granted a technical deviation in past for Phase 4 of this overall project.

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Hyatt Place- IDA Site Specific- JMD Engineering, Inc. Page 12

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