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HomeMy WebLinkAbout000014 DRC - NO DRC SCHEDULED - City Initiated Land Development RegulationsCITY OF PALM BEACH GARDENS MEMORANDUM 1 TO: Aries Page, GIS Department Mark Hendrickson, Forestry Division Jack Schnur, Police Department Dave DeRita, Fire Rescue Scott Danielski, Building Official Todd Engle, Engineering Department Mohammed Jamal, Code Compliance Supervisor Via PBG Email: Patty Snider, City Clerk Ray Ellis, Deputy City Clerk Kenthia White, Municipal Services Coordinator Jack Doughney, Deputy City Manager Mike Morrow, Operations Director David Reyes, Director of Parks and Public Facilities Angela Brown, Operations Manager Bahareh Wolfs, Development Compliance and Zoning Manager R. Max Lohman, City Attorney DATE: June 18, 2014 FROM: Dawn C. Sonneborn, AICP, Principal Planner 561-799-4219 (fax) SUBJECT: Development Review Committee (DRC) for Petition LDRA-14-05-000053 City- initiated amendment to the Land Development Regulations Please provide your comments on the subject DRC petition no later than 12:00 noon on Wednesday, June 25, 2014. Should you have no comments, please indicate so in a memo. No Development Review Committee meeting is scheduled for this petition. PALM BEACH GARDENS PETITION NO. LDRA-14-05-000053 A City-initiated request to amend various sections of the City’s Land Development Regulations, Chapter 78. The proposed amendment clarifies and strengthens existing language and provides internal consistency. Thank you for your ongoing cooperation and assistance. Please contact me at (561) 799-4219 should you have any questions or comments. Attachment: Proposed Amended Code Sections cc: Natalie M. Crowley, AICP, Director of Planning and Zoning Sec. 78-52. Conditional uses. [Subsections (a) through (c) omitted for brevity.] (d) Criteria. In addition to the application requirements listed above, a development order application for a minor or major conditional use approval shall demonstrate compliance with the criteria listed below. [Subsections (1) through (8) omitted for brevity.] (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development ,. [Subsections (10) through (13) omitted for brevity.] Staff Comment: Clean-up item to remove comma and replace with a period. **** Sec. 78-154. PUD—Planned unit development overlay district. [Subsections (a) through (f) omitted for brevity.] (g) Density. The density permitted in a PUD district shall not exceed the allowable density permitted in the comprehensive plan. Residential densities permitted in a PUD shall comply with the standards provided below. [Subsections (1) through (10) omitted for brevity.] (11) Setbacks required. The city council may impose appropriate setbacks along the perimeters of PUDs as a means to buffer the adjacent land uses. However, a setback shall be at least 20 feet for PUDs proposing commercial and industrial uses adjacent to lower intensity land uses such as but not limited to conservation, residential, recreational, and institutional uses. a. Open space requirements. All residential and nonresidential PUDs shall provide, at a minimum, the open space required below. 1. Residential PUDs: 40 percent of gross land area. The open space requirement for residential PUDs may be reduced to a minimum of 35 percent by the city council. The reduction may occur if at least 50 percent of the required open space consists of environmentally sensitive preserve areas or common open space; and 2. Nonresidential PUDs: 15 percent of gross land area. The open space requirement for residential PUDs may be reduced, to a minimum of 35 percent by the city council. The reduction may occur if at least 50 percent of the required open space consists of environmentally sensitive preserve areas or common open space. The amount of required open space in a nonresidential PUD may be increased to a maximum of 25 percent, subject to the environmentally sensitive lands preservation requirements of division 4 of article V. [Subsections (12) through (14), and (h) through (i) omitted for brevity.] Staff Comment: Clean-up item for clarity. **** Sec. 78-186. Yards. [Subsections (a), and (b) (1) through (6) omitted for brevity.] (7) Fences and walls. a. Residential zoning districts. Fences and walls in residentially zoned districts may be erected and maintained to a maximum height of six feet. However, perimeter fencing and walls for residential PUDs may be erected and maintained to a maximum height of eight feet. Fences or walls shall not be erected forward of the established or existing front building setback lines. 1. Athletic facilities. Fences for tennis, racquetball, baseball, and softball shall not exceed a height of 15 feet. Fences for all other athletic facilities shall not exceed a height of ten feet. Backstops are exempt from fence height requirements. b. Nonresidential zoning districts. Fences and walls in nonresidential residential zoning districts may be erected or maintained to a height not exceeding eight feet. 1. Fences or walls shall not be erected forward of the required front setback lines. 2. Barbed wire, not exceeding three horizontal or vertical strands, may be installed at the top of a fence in a nonresidential zoning district industrial zoning districts or industrial portions of a PUD or PCD. The barbed wire shall be located within the required height of the fence or wall. 3. Use of razor wire, concertina wire, or similar wire is prohibited, unless allowed by the PZAB subject to the requirements of section 78-53. 4. Athletic facilities. Fences for tennis, racquetball, baseball, and softball facilities shall not exceed a height of 15 feet. Fences for all other athletic facilities shall not exceed a height of ten feet. Backstops are exempt from fence height requirements. [Subsections c. through e. omitted for brevity.] f. Barbed wire. The use of barbed wire is prohibited in residential zoning districts or residential portions of a PUD or PCD. The use of barbed wire is allowed in industrial zoning districts or industrial portions of a PUD or PCD . The use of barbed wire in areas zoned PDA is prohibited, unless permitted agricultural use is made of a site or sites. [Subsections g. and (8) omitted for brevity.] Staff Comment: The language in 78-186 (b)(7) b. 2. conflicts with the language in 78 - 186 (b)(7) f. by addressing barbed wire in “a non-residential zoning district”. This appears to allow barbed wire in all non-residential districts, when the intent of the use of barbed wire within the City is to allow only in the industrial zoning districts or industrial portions of PUD or PCD districts. Staff recommends the deletion and new language as shown above for consistency. **** Sec. 78-187. Special events. (a) Permit required for special event. No person, firm, group, corporation, or institution shall participate in, advertise for, or in any way promote, organize, control, manage, solicit, or induce participation in a special event, as defined in section 78 -751, unless a special event permit has first been obtained from the city as provided herein. No person, firm, group, or corporation, or institution shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Any person, firm, group, corporation, or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the planner as designated by the growth mana gement director, or designee, on forms provided by the city. Unless waived by the growth management director, or designee, for good cause and for the public interest of the city, a complete application for a special event permit shall be filed on or before the following deadlines prior to the event to allow sufficient time for the review process: Expected attendance Minimum advance time required to file Less than, or equal to, 1,000 persons One month 1,001 to 5,000 persons Two months 5,001 to 50,000 persons Four months More than 50,000 persons Six months The applicant shall provide all information solicited on the special event permit application form, unless waived by the planner upon finding that such information is not necessary. [Subsections (b) (1) through (4) omitted for brevity.] (5) Food service. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit if applica ble, Florida State health certificates, and a list of the type of food service proposed. The use of mobile food vending units within the City limits shall be subject to the requirements of Section 78-187. [Subsections (b) (6) through (11), and (c) through (m) omitted for brevity.] Staff Comment: In recent years, there has been a trend of food trucks, also known as mobile food vending units, becoming more upscale and popular. In the past, the City has allowed food truck events through a special permit. However, Section 78-187 currently does not contain specific language for this type of use. In an effort to address this increasing trend and manage this type of use, Staff recommends the addition of language within this section of the code that requires mobile food vending units to be subject to the requirements of a special permit. In addition, Staff recommends adding a definition of Mobile Food Vending Units to Section 78 -751 Definitions. In addition, an amendment to 78-187 (a) is recommended to provide consistency throughout this paragraph. **** Sec. 78-191. Outdoor seating. For the purpose of this section, serve or service shall mean the act of a waiter, waitress, or employee of the food service establishment taking food or beverage orders and providing delivery of food or beverages to the patrons seated area. (a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or institution serving food or beverages in an enclosed area, subject to the standards listed below. (1) Access. The outdoor seating area is adjacent to, and has direct access through, a doorway to that portion of the business or institution which is enclosed. (2) Location. The outdoor seating is located directly adjacent to the restaurant or food service establishment and is owned or leased for this purpose. (3) General circulation. The outdoor seating can be accommodated without impeding the access of the general public to one (1) or more of the following: a. The enclosed portion of the restaurant or food service establishment; b. Any other use located within the same building or structure; or c. Any common elements shared by the restaurant or food service establishment and any other users of the same building or structure. (4) Safety. Outdoor seating shall comply with all building, fire, and safety code requirements. (5) Parking. Parking for areas utilized for outdoor seating, with or without service, shall be calculated and provided as required in division 9 of article V. Outdoor seating shall not be established if required parking cannot be provided on site or if a nonconformity is created. (6) Outdoor furniture. Furniture that is designed as outdoor furniture, which can withstand the elements, rain and intense sun, shall be used. [Subsections (b) (1) through (5) omitted for brevity.] (c) Minimum standards. Outdoor seating shall, at a minimum, comply with the standards listed below. [Subsections (1) through (7) omitted for brevity.] (8) Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor seating with or without service shall comply with the hours of operation noted below. a. Sunday through Wednesday. All sales and service of food and beverages are prohibited between the hours of 10:30 p.m. and 7:00 a.m. b. Thursday through Saturday. All sales and service of food and beverages are prohibited between the hours of 11:30 p.m. and 7:00 a.m. [Subsections (d) omitted for brevity.] Staff Comment: The intent of this code, pertaining to parking calculati ons and hours of operation of outdoor seating areas, includes areas with our without service. Staff recommends adding a meaning of “serve and service” at the beginning of Section 78- 191 to clarify this issue and add the words “with or without service” in subsections (a) (5) and (c) (8) for clarification. **** Sec. 78-221. PGA Boulevard corridor overlay. (a) Scope. The planning and design regulations established in this division shall apply to all lands within the PGA Boulevard corridor overlay. (b) Purpose and intent. The purpose and intent of this division is provided below. (1) Main Street character. The character, magnitude, aesthetics, and uses to be developed or redeveloped on PGA Boulevard are of special interest to the city because it is the city's "Main Street." Accordingly, the purpose and intent of this division is to implement policies regarding the PGA Boulevard corridor as recognized by the city's comprehensive plan. Policy 1.1.6.5 1.1.2.5 of the city's comprehensive plan states that PGA Boulevard shall be developed using the techniques indicated below. a. Following completion of the PGA Boulevard/Alternate A1A urban interchange, a new CRALLS (Constrained Road way at a Lower Level of Service) level of service standard for PGA Boulevard shall be determined in coordination with the county, the regional planning council and the state department of transportation, with the maximum number of lanes being six. b. The city shall maintain the PGA design guidelines as regulations which require utilization of landscaping, boulevard strips, pedestrian walkways, bikeways, buffers, and setbacks to emphasize the various functions of PGA Boulevard as a divider of different land uses and as a center of the city. [Subsections (2) through (4) and (c) omitted for brevity.] (d) Site development guidelines. [Subsections (1) a. through g. omitted for brevity.] (2) Special regulations. The city comprehensive plan, including includes policies that 1.1.5.1—1.1.5A, establish special regulations to guide the growth, development and redevelopment of the city. These regulations, pertaining to minimum size, gross density, and rezoning requirements, apply to properties within the PGA Boulevard corridor overlay. Development shall only be permitted within the overlay consistent with the objectives and policies of the comprehensive plan. [Subsections (3) through (4) and (e) omitted for brevity.] Staff Comment: These amendments are proposed to clean -up Comprehensive Plan policy numbers that have either changed or no longer exist. **** Sec. 78-322. Hardscape and nonliving landscape materials installation requirements. [Subsections (a) through (e) omitted for brevity.] (f) Artificial turf. Artificial turf shall be designed for the intended use and meet the appropriate industry standards for installation, drainage, and aesthetics. Artificial turf shall resemble a natural turf/sod/grass look at all times. Artificial turf shall be visually level, with the grain pointing in a single direction. The improper maintenance or disrepair of artificial turf shall be a violation of the City’s code, which may include unanchored areas, water pooling, and/or unsightly or unclean areas. Staff Comments: Staff is seeing a trend in the use of synthetic or artificial turf. Regulations concerning synthetic or artificial turf are seen within many jurisdictions within Palm Beach County. Staff is proposing this amendment in preparation of these current trends and in order to regulate the various aspects of this type of material. **** Sec. 78-345. Number of parking spaces required. [Subsections (a) through (c) omitted for brevity.] (d) Increase in parking spaces. (1) Increase of parking spaces allowed. As applicable to the type of development order, the city council, planning, zoning, and appeals board, or growth management director may authorize an increase in the number of parking in an amount not to exceed ten 20 percent of the required spaces. (2) Requests for additional parking. Excluding PUDs, PCDs, or MXDs, any development order application which requests an increase of parking equal to or greater than ten 20 percent of required parking shall be considered by the PZAB as a request for a variance. (3) Additional parking in PUDs, PCDs, and MXDs. Any request for an increas e of parking equal to or greater than ten 20 percent of required parking which affects a PUD, PCD, or MXD shall only be considered as an application for approval of a waiver by the city council. (4) Standards for additional parking spaces. A use which de sires to provide parking spaces in excess of the minimum requirements of this section shall comply with the standards listed below. a. Additional open pervious space. Additional open space, at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area, shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and identified on the project site plan. b. Enhanced site appearance. The additional open space and landscaping required in this subsection shall be utilized to enhance the visual appearance of the improved site, the vehicular entries, and the parking areas. The visual enhancements shall be indicated in the application for development approval. Staff Comments: There have been many requests in the past from developers and owners of Class A offices, assisted living facilities, and other types of uses for more parking than what is required by code. This code section allows for a request for an increase in parking spaces over the minimum, with standards that must be met for the additional parking spaces, such as providing additional open space, pervious areas, pedestrian amenities, etc. It is not the intent to penalize the applicant for providing this additional parking. Therefore, Staff recommends to increase the current ten percent over the minimum parking requirement to 20 percent. **** Sec. 78-392. Definitions. When used in this subdivision, the words, terms, and phrases set forth below shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words, terms, or phrases which are not defined in this section shall be ascribed the meaning which may be provided by state statue, as amended from time to time. When a term is defined by both state statute and this section, the definition provided in this section shall prevail. Amendment Pending Commercial vehicle means any agricultural, construction or industrial equipment; any motor vehicle upon which advertising markings have been affixed which occupy in excess of three square feet per side; any motor vehicle having a carrying capacity of more than one ton; any motor vehicle t o which has been added a platform rack or other similar apparatus designed for carrying property or cargo, but excluding a standard luggage rack; any pickup truck to which has been added a cargo box, or similar carrying device, which is located outside the flatbed portion of the vehicle, or which is located within the flatbed portion but exceeds the height of the cab portion of the vehicle; any motor vehicle equipped with a hoist or other similar mechanical equipment. The term may include, but is not limite d to, a bus, step van tractor, trailer, semitrailer, or semitruck, as those terms are defined herein. Staff Comment: (Amendment is pending on this definition for commercial vehicle. Staff is currently working on this section, along with the commercial vehicle definition in Section 78-751 for consistency) **** Sec. 78-751. Definitions. The following words, terms and phrases, when used in these land development regulations, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: Artificial turf (a.k.a. Synthetic turf) means a man-made product which may be used as a substitute to effectively simulate the appearance of organic turf grass, lawn, or sod. Amendment Pending Commercial vehicle means any motor vehicle which is used for commercial purposes or has an outward appearance of being used in connection with a business, including but not limited to openly visible work equipment and the display of commercial business name, logo, address, telephone number, and business license number. Amendment Pending Discount department store means an establishment which sells a wide range of goods and services to the public at prices which are typically below retail, including but not necessarily limited to apparel, household and major appliances, linens, china and other household items, consumer electronics items, furniture, jewelry, shoes, packaged food and beverage items, small tools, paint and hardware items, sporting goods, travel services, optometrist services and eyeglasses, and other similar goods and services, and where at least four of the following six conditions are present: (1) Sales are conducted within a single building or accessory structure to a single building; (2) Floor areas are divided into departments according to category of merchandise being sold; (3) Shopping carts are provided for customer use in carrying merchandise in the store; (4) Merchandise is arranged predominantly in aisles to aid customers' use of shopping carts; (5) Customer shopping is self -service (i.e., salespersons are not employed or are limited to only a few departments such as consumer electronics or jewelry); and (6) The actual point of sale is via cash registers located at a centralized facility typically located near the exit doors at the front of the store, where the customer brings merchandise for the sales transaction. Amendment Pending Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for a family, for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping facilities and one kitchen. Amendment Pending Family means one person or a group of two or more persons living together and interrelated by blood, marriage, foster care, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit., including non-paying guests and domestic servants. The term shall also include a group of not more than four persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling. Mobile Food Vending Unit means the sale of food from a motor vehicle, in clude trucks, trailer hitch units, pushcarts, stands and foot peddlers. Office, business or professional means an establishment providing executive, management, and professional services to the public, including, but not limited to, the following: advertising services, business offices of private companies, business offices of utility companies, public or nonprofit agencies, trade associations, and employment offices;(excluding day labor and labor pool services); professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning, and similar professions; property and financial management, real estate; secretarial and telecommunication services; and travel agencies. This definition does not include offices for the treatment of animals on the premises nor does it include medical or dental offices. Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles (including mobile food vending units), or a combination thereof, having a common purpose, design, or goal that will affect or impact the ordinary and normal use by the general public upon any public or private facility, street, sidewalk, alley, public or private area, or building where the event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located. A special event is not a normal business sale event or similar activity for commercial and/or office establishments. Staff Comments Pending:  Commercial Vehicle for consistency with 78-392  Discount Department Store  Dwelling Unit  Family Staff Comment: For all others shown, these proposed amendments are provided for clarity. New definitions are added to accompany new subsections proposed to be added to the code.