HomeMy WebLinkAboutAgenda PZAB 101017
A G E N D A
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, OCTOBER 10, 2017 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE DIRECTOR OF PLANNING AND ZONING:
NATALIE CROWLEY
• APPROVAL OF MINUTES: 08/08/2017 and 09/19/2017
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternate:
Randolph Hansen John Glidden
Howard Rosenkranz
Robert Savel
Carl Sabatello
Michael Panczak
Marc Cohn
C. Steve Lewis
Planning, Zoning and Appeals Board
October 10, 2017
2
1. Recommendation to City Council (Public Hearing)
LDRA-17-05-000062: LDR Amendment to add an Electric Automobile
Showroom as a Permitted Use and Prohibit the Use in PGA Overlay
An applicant-initiated request to amend Section 78-159, Table 21: Permitted,
Conditional, and Prohibited Uses, to add an Electric Automobile Showroom use as a
Major Conditional Use in the General Commercial (CG1) and Intensive Commercial
(CG2) zoning districts; Section 78-221, PGA Boulevard Corridor Overlay, to prohibit
Electric Automobile Showroom within the PGA Boulevard Corridor Overlay; and
Section 78-751, Definitions, to define Electric Automobile Showroom, Electric
Automobile, Direct Dealer/Vehicle Manufacturer, and Hybrid Vehicle.
Project Manager: Erin Kelley, Senior Planner, ekelley@pbgfl.com
2. Recommendation to City Council (Public Hearing)- QUASI-JUDICIAL HEARING
CUMJ-17-05-000046: Major Conditional Use for an Electric Automobile
Showroom at the Gardens Mall
A request from Gardens Venture LLC for a Major Conditional Use approval to allow
an Electric Automobile Showroom use within the Gardens Mall. The petition also
includes the designation of 8 reserved parking spaces and 18 electric vehicle charging
spaces in the parking area of the Gardens Mall. The Gardens Mall is generally located
north of PGA Boulevard, east of Fairchild Gardens Avenue, south of Gardens
Parkway, and west of Kew Gardens Avenue.
Project Manager: Erin Kelley, Senior Planner, ekelley@pbgfl.com
3. Recommendation to City Council (Public Hearing)
LDRA-17-09-000068: LDR Amendment to Chapter 62 for Wireless Facilities
Amending Chapter 62 of the City’s Code of Ordinances to provide for the
collocation of small wireless facilities or micro wireless facilities on existing utility
poles or the installation of new utility poles to support the collocation of small
wireless facilities or micro wireless facilities in City-owned rights-of-way and
amending the definitions to be consistent with Florida Statutes.
Project Manager: Martin Fitts, Planner, mfitts@pbgfl.com
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the City Clerk’s Office, no later than five days prior to the proce eding, at telephone number (561)
799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings;
and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Gr owth Management
Department.
Tesla at The Gardens Mall PZAB HEARINGOCTOBER 10, 2017LDR Amendment
Request:Amend various sections of the City’s LandDevelopment Regulations, Chapter 78 to add anew use “Electric Automobile Showroom”APPLICANT’S REQUEST
Land Development RegulationText Amendment 1. Sec. 78‐159 ‐ Permitted Uses, Minor and Major Conditional Uses, & Prohibited Uses 2. Sec. 78‐221 – PGA Blvd Corridor Overlay3. Sec. 78‐751 ‐ Definitions
LDR TEXT AMENDMENT•Addition of new use “Showroom, Electric Automobile” to Table 21•Allow proposed use as a major conditional use in the CG1 and CG2 zoning districtsSec. 78‐159 ‐ Permitted uses, minor and major conditional uses, & prohibited uses.
(25) Showroom, Electric Automobile. An electric automobile showroom is a retail showroom for electric automobiles that meets the following additional criteria:a. An electric automobile showroom shall be approved as a Major Conditional Use.b. An electric automobile showroom shall be prohibited in any Mixed‐Use zoning district.c. Automobiles displayed shall not be elevated from the ground in any manner.d. No test drive shall be conducted on residential local streets.e. No on‐site automobile storage/stock beyond the showroom and automobiles for test drives is allowed.f. Automobiles on display within the showroom shall not be driven or sold from the premises; except after business hours to change/exchange showroom display automobiles.g. The outdoor sale and/or display of sales signage of electric automobiles is prohibited.h. No maintenance or repair of automobiles is permitted on‐site.i. The Electric Automobile Showroom use is limited to electric automobiles, electric light trucks, and other similar electric automobiles only. The use of other types of automobiles in conjunction with the Electric Automobile Showroom use; e.g. hybrid automobiles, personal water craft, trailers, motorcycles, recreational automobiles, commercial trucks and automobiles, mobile homes, buses, farm equipment, and similar automobiles is prohibited.j. No more than eight electric automobiles on‐site shall be used for test drive purposes at any given time.k. Showroom space is limited to a maximum size of 4,000 square feet.LDR TEXT AMENDMENT
LDR TEXT AMENDMENTSec. 78‐221. – PGA Boulevard Corridor Overlay.(d)(1) b.3. The following uses are prohibited:(iv) By example, but without limitation, any of the following uses: Auto, recreational vehicle, truck, and similar vehicle sales, storage, and repair; Electric Automobile Showroom; wholesale, discount, and outlet stores; self storage buildings that directly front upon PGA Boulevard; outdoor self‐storage; stores having a tenant space equal to or greater than forty thousand (40,000) gross square feet; single‐ entity retail establishments, unless otherwise provided in this division; intense commercial and industrial activities characteristic of the CG‐2 and M‐2 districts; mobile home parks; drive‐in facilities unless as an accessory use to a bank or drug store; and night clubs, bars, and lounges as defined in section 78‐751.
LDR TEXT AMENDMENTSec. 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:…Electric Automobile Showroom means a retail sales showroom for electric automobiles.Electric Automobile means an automobile powered through a collector system by electricity from off‐automobile sources, or may be self‐contained with a battery or solar panels. Electric automobiles use electric motors and motor controllers for propulsion, in place of more common propulsion methods such as the internal combustion engine.Hybrid Automobile means an automobile that utilizes more than one form of onboard energy to achievepropulsion. In practice, that means a hybrid will have a traditional internal combustion engine and a fueltank, as well as one or more electric motors and a battery pack.…
Summary:1. Developed specific criteria for Electric Vehicle Showrooms that can notbeappliedtogeneral showroom or automobile dealerships. Thereby creating a separatecategory forElectric Vehicle Showrooms that prevents the proliferation of car dealerships in the City.2. The Electric Vehicle Showroom concept is fairly new to the retail market.SomeofTesla’searliest retail stores were opened in Bellevue Square, Washington and Oakbrook Center,Illinois in 2011. The proposed text amendment updates the land developmentregulations to keep up with the current retail trends.3. Tesla and other electric vehicles embody many green initiatives that theCitypromotesthrough the Comprehensive Plan such as reducing greenhouse gas emissionsandpromoting a smaller carbon footprint.SUMMARY
Request:Recommendapprovalof land developmentregulation text amendments.SUMMARY
Tesla at The Gardens Mall PZAB HEARINGOCTOBER 10, 2017LDR Amendment
The Gardens Mall PZAB HEARINGOCTOBER 10, 2017Major Conditional Use (for Tesla)
Request:1. Request Major Conditional Use approval forElectric Automobile Showroom2. Amend Gardens Mall site plan•To add 8 charging stations for Tesla test drivevehicles•To add 5 double sided electric vehicle chargingstations•Update required parking standards for GardensMallAPPLICANT’S REQUEST
PROPERTY LOCATIONPGA BoulevardKew Gardens
FairchildSite Data:Future Land Use ‐ CommercialZoning ‐ PUD/CG1 Total Site Area – 100.3 acresTotal SF – 1,390,000 SFParking Provided – 6,246 spacesOld Rate – 4.5/1,000 SFNew Rate – 4/1,000 SFRequired Parking – 5,560 spacesGardens Mall ‐ 5 Charging Stations (double sided) Tesla – 4,000 SF Retail Bay‐ 8 Charging Stations (single sided)
PROPERTY LOCATIONPGA BoulevardKew Gardens
Fairchild8 Test Drive Charging Stations
TEST DRIVE ROUTESNorthlake BoulevardPGA BoulevardDonald Ross RoadCentral Blvd.Alternate A1AMilitary TrailRoute 1Fairchild Gardens Ave, south to PGA Blvd, west to I‐95, north to Donald Ross Rd, east to Central Blvd, south to Hood Rd, east to Alternate A1A, south to Kyoto Gardens, and back to the parking lotRoute 2Fairchild Gardens Ave, south to PGA Blvd, west to I‐95, north to Donald Ross Rd, east to Alternate A1A, south to Kyoto Gardens, and back to the parking lotRoute 3Fairchild Gardens Ave, south to PGA Blvd, west to I‐95, south to Northlake Blvd, west to Military Trl, north to Kyoto Gardens, and back to the parking lot
Major Conditional Use Request
13 MAJOR CONDITIONAL USE CRITERIA 1. Consistent with Comprehensive Plan2. Consistent with Chapter Requirements3. Consistent with Standards4. Provides for the Public Health, Safety, and Welfare5. Screening & Buffering6. Proposed Use Minimizes Impact on Utilities7. Proposed Use Meets All Dimensional Requirements8. Consistent with Neighborhood Plan9. Compatible with Adjacent Uses & Character of Area10.Results in Logical Development Pattern11.In Harmony with the General Purpose & Intent12.Minimize Any Adverse Impacts13.Minimize Environmental Impact
THE FORBES COMPANY & GARDENS MALL
TESLA
Request:Recommendapprovalof major conditionaluse.SUMMARY
Approval SchedulePZAB ‐ Oct. 10, 20171st City Council ‐ Nov. 2, 20172nd City Council ‐ Dec. 7, 2017
The Gardens Mall TeslaPZAB HEARINGOCTOBER 10, 2017
THE FORBES COMPANY & GARDENS MALLMall opened in 1988 with Macy’s, Sears, Burdines & 160 tenants. In 1990, added Saks Fifth Avenue & Bloomingdale’s.
SITE PLAN
LANDSCAPE PLAN
FLOOR PLAN
PHOTOMETRIC PLAN
LDRA-17-05-000062 / CUMJ-17-05-000046Planning, Zoning and Appeals BoardOctober 10, 2017
BackgroundApplicant approached the City to open a Tesla electric automobile showroom in the Gardens Mall.The use is not currently allowed as proposed.Staff researched how other jurisdictions have approved similar uses.
ResearchStaff considered:•How the jurisdiction defined electric automobile showroom•What districts/overlays permitted electric automobile showrooms•Conditional use required•Development criteria
Proposed Use•Electric Automobile Showroom –a retail showroom for electric automobiles•Permitted in CG1 and CG2 as a Major Conditional Use•Prohibited in MXD and the PGA Overlay•Development Criteria was created to ensure health, safety, and welfare of the public
Proposed Changes – LDR Amendment•Section 78-159, Table 21: Permitted, Conditional and Prohibited Use Chart–Add use as a Major Conditional Use in the Major Commercial (CG1) and Intensive Commercial (CG2) Zoning Districts –Added development criteria under existing Note 25 (for Showroom, General) specifically for the Electric Automobile Showroom Use•Section 78-221- PGA Boulevard Corridor Overlay–Prohibit the use in the PGA Overlay•Section 78-751 – Definitions–Added Definition of Electric Automobile Showroom, Electric Automobile, and Hybrid Automobile
Proposed Changes – LDR AmendmentSection 78-159, Table 21(j), Note 25: Showroom, Electric Automobile. An electric automobile showroom is a retail showroom for electric automobiles that meets the following additional criteria:•a.An electric automobile showroom shall be approved as a Major Conditional Use.•b. An electric automobile showroom shall be prohibited in any Mixed-Use zoning district.•c. Automobiles displayed shall not be elevated from the ground in any manner.•d. No test drive shall be conducted on residential local streets.•e. No on-site automobile storage/stockbeyond the showroom and automobiles for test drives is allowed.•f. Automobiles on display within the showroom shall not be driven or sold from the premises; except after business hours to change/exchange showroom display automobiles.•g.The outdoor sale and/or display of sales signage of electric automobiles is prohibited.•h. No maintenance or repair of automobiles is permitted on-site.•i. The Electric Automobile Showroom use is limited to electric automobiles, electric light trucks, and other similar electric automobiles only. The use of other types of automobiles in conjunction with the Electric Automobile Showroom use; e.g. hybrid automobiles, personal water craft, trailers, motorcycles, recreational automobiles, commercial trucks and automobiles, mobile homes, buses, farm equipment, and similar automobiles is prohibited.•j.No more than eight electric automobiles on-site shall be used for test drive purposes at any given time.•k. Showroom space is limited to a maximum size of 4,000 square feet.
Proposed Changes – Major Conditional Use•Permits Tesla Electric Automobile Showroom at the Gardens Mall as a Major Conditional Use–Applicant has met all Major Conditional Use criteria–Applicant has demonstrated that all additional development criteria for the Electric Automobile Showroom use has been met•Tenant bay within the Gardens Mall does not exceed 4,000 square feet•The Applicant has acknowledged that:–signage for sale located on display and test drive automobiles is prohibited –Maintenance and repair of the test drive and display automobiles are prohibited onsite•Test Drives will not be occurring on residential local streets.•The Applicant will only be driving the display automobiles after business hours to exchange Tesla model vehicles.
Proposed Changes – Major Conditional Use•Updated Site Plan and Landscape Plan to show Tesla Test Drive Automobile Locations, 13 electric automobile charging stations, and Required Parking–8 Tesla charging stations for test drive automobiles–5 double-sided general charging stations for mall patrons
Proposed Changes – Major Conditional Use•Updated Gardens Mall Parking Ratio–From 4.5 spaces per 1,000 square feet to 4 spaces per 1,000 square feet–4 spaces per 1,000 square feet is the current General Retail Rate in the City’s Parking Code–Applicant still meets the required number of parking with this change–No net loss in existing parking spaces at the Gardens Mall
Development Review Committee•On June 29, 2017, the subject petition was reviewed by the Development Review Committee (DRC). •All comments related to the project have been satisfied and acknowledged
PGA Corridor Association•On September 29, 2017, the staff reports for both LDRA-17-05-000062 and CUMJ-17-05-000046 were sent to the PGA Corridor Association•Staff has not been made aware of any objections by the PGA Corridor Association
Advertising•On September 29, 2017, both petitions (LDRA-17-05-000062 and CUMJ-17-05-000046) were publicly advertised in the Palm Beach Post•On September 25, 2017, the Applicant posted seven public notice signson the subject property•On September 29, 2017, the Applicant sent public notice mailersto all property ownerswithin 500 feet of the property.
Recommendation•Staff recommends APPROVALof petitions LDRA-17-05-000062 and CUMJ-17-05-000046
Questions?
LDRA-17-09-000068PLANNING, ZONING, AND APPEALS BOARDOCTOBER 10, 2017
RequestA City‐initiated request to amend Chapter 62 of the City’s Code of Ordinances to provide for the collocation of small or micro wireless facilities on utility poles within City‐Owned Rights‐of‐Way.
Background•City Council approved on first reading Ordinance 23, 2017 establishing and imposing a temporary moratorium on accepting or processing permits for the collocation of small or micro wireless facilities.•PZAB recommended approval on September 19, 2017.•City Council will hear Ordinance 23, 2017 on second and final reading October 12, 2017.
Request•Amend Article V of Chapter 62 to be consistent with Section 337.401, Florida Statutes–Add new definitions–Amend Sec. 62‐194 (t) to establish objective design criteria
Objective Design Criteria•Any new or replacement poles shall be of similar design, material, and color to the utility poles within 250 of feet in the same right of way; or as otherwise approved;
Objective Design Criteria•Wireless facilities, including ground‐mounted equipment, shall be placed so as to not interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation, pedestrians, public safety purposes, or the free flow of vehicular and pedestrian traffic;•Ground‐mounted equipment shall be placed so as to not interfere with the intended purpose of the right‐of‐way, swales, or stormwater drainage features and appurtenances.
Objective Design Criteria•The City may request that ground‐mounted equipment, use materials, colors, textures, screening, and landscape that will blend into the natural setting and surrounding built environment to minimize the visual impact, as permitted by Section 337.401, Florida Statutes;•The City may request ground‐mounted equipment be placed no closer than 500 feet from existing ground‐mounted equipment servicing the same carrier, as permitted by Section 337.401, Florida Statutes;
Additional AmendmentsReducing the height that the wireless facilities may extend above the highest part of the utility pole to 10 feet. Current code allows 20 feet.Continues to prohibit towers and other structures in the ROW unless specifically permitted by Section 337.401, Florida Statutes.
The City may still require:• Registration • Insurance•Permits•Indemnification•Surety
Summary• State preempted the City from outright denying the collocation of wireless facilities in the City ROW.• State allows cities to develop objective design guidelines that must be in place by January 1, 2018• This petition creates these guidelines.
RecommendationStaff recommends APPROVALof LDRA‐17‐09‐000068 as presented.
Questions?
Definitions•Add new definitions–Antenna–Collocate or collocation–Micro wireless facility–Small wireless facility–Utility pole (as it relates to this section)–Wireless facility–Wireless infrastructure provider–Wireless provider–Wireless services–Wireless services provider–Wireless support structure
Utility PolesUtility Poles are defined as 15 foot or taller poles or similar structures used for:•Lighting•Traffic control •Signage•Power transmission•Communications •Similar functions
Example of 250 feet in ROW
“Utility Poles” within 250 feet