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HomeMy WebLinkAboutDRC - 082808 - Waterway CafeI CITY OF PALM BEACH GARDENS 2 DEVELOPMENT REVIEW COMMITTEE 3 PPU D- 08 -05- 000020 4 Waterway Cafe 5 August 28, 2008 6 11:05 a.m. 7 8 Present at Meeting 9 Richard Marrero, Growth Management Department 10 Stephen Mayer, Growth Management 11 Scott Fetterman, Palm Beach Gardens Fire Rescue 12 Jules Barone, Palm Beach Gardens Police Department 13 James Brown, Building Department 14 David Reyes, Code Compliance 15 Mark Hendrickson, Planning and Zoning 16 Leo Giangrande, P.E., Boyle Engineering 17 R. Max Lohman, Esq., Interim City Attorney 18 Marty Minor, Urban Design Studio. 19 Lisa Barry, Urban Design Studio. 20 21 Puroose of the Meetina 22 A request by Urban Design Studio, agent, on behalf of Lake Worth Creek Corporation, 23 owner of the Waterway Cafe, for approval to allow a rezoning from General Commercial 24 (CG -1) and Residential Medium Density (RM) to a Planned Unit Development (PUD) 25 Overlay with a General Commercial (CG -1) underlying zoning designation and to allow an 26 additional 1,135 square feet of outdoor seating area consisting of a Seminole Indian tiki but 27 and 137 seats. The subject site is located at the southwest corner of PGA Boulevard at the 28 Intracoastal Waterway.. 29 30 Police Department 31 • Jules Barone, Crime Prevention Officer, memorandum, August l2, 2008. 32 Fire Rescue 33 • Scott Fetterman, Deputy Chief, memorandum August 12, 2008. 34 Building Department 35 • Jim Brown, Deputy Building Official, memorandum, August 18, 2008. 36 Seacoast Utility Authority 37 • Bruce Gregg, Director of Operations, memorandum, August 26, 2008. 38 Boyle Engineering 39 • Leo Giangrande, P.E., memorandum, August 27, 2008. 40 City Forester 41 • Mark Hendrickson, City Forester, memorandum, August 28, 2008. 42 Growth Management 43 • Richard Marrero, Planner, memorandum, September 27, 2008. 44 45 Discussion ensued regarding specific points. Applicants will review comments. 46 The meeting adjourned at 11:23 a.m. 47 DRC WATERWAY CAFE PAGE 1 08-28,08 I Submitted by: 2 3 4 S A77--�L� 6 Donna M. Cannon 7 Municipal Services Coordinator 8 9 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts 14 of the meeting. 11 All referenced attachments are on file in the City Clerk's office. 12 Audio recording is on file in the City Clerk's office. SRC WATERWAY CAPE PAGE 2 08-28-08 1'1'1'V / IF NA LM RF.Ar14 GARDENS 1,virEIAORANDUM TO: Julius Barone, Police (w /attachments) Leo Giangrande, P.E., Boyle Engineering (w /attachments) Scott Fetterman, Fire Marshall (w/ attachments) Bruce Gregg, Seacoast Utility Authority (w/ attachments) Mark Hendrickson, City Forestry (w /attachments) Aries Page, GIS Manager (w /attachments) James Brown, Deputy Building Official (w /attachments) Via PBG Email: Patty Snider, City Clerk Donna Cannon, Municipal Services Coordinator, City Clerk's Office Doug Wise, Building Official Jack Doughney, Community Services Ray Ellis, City Clerk's Office Todd Engle, Construction Services Tim Kasher, Recreation Mike Kelly, Parks Division Mike Morrow, Public Works David Reyes, Code Enforcement Stacy Rundle, City Administration R. Max Lohman, Interim City Attorney Angela Wong, Operations Via Email: Alan Boaz, Florida Power and Light Gerald Gawaldo, Palm Beach County Rick Kania, Waste Management Layle Knox, North Palm Beach Improvement District Robert Lozano, Florida Power and Light DATE: August 11, 2008 FROM: Richard Marerro, Senior Planner Rmarerro@pbgfl.com 561- 799 -4243 561- 799 -4281 (fax) SUBJECT: Development Review Committee (DRC) Meeting Scheduled for Thursday, August 28, 2008, at 11:00 am. Petition PPUD -08 -05 -000020 - Waterway Cafe Rezoning to PUD /GG -1 and Request for Outdoor Seating Please provide your comments on the subject DRC petition to Richard Marerro, Senior Planner, Growth Management Department, no later than 5:00 p.m. on Monday, August 25, 2008. Your comments must be forwarded to my attention by that date and time so that written comments can be given to the applicant in accordance with the timeframes established in the City's Land Development Code. Should you have no comments, please indicate so next to your name on the second page and forward this memo to our office. Additional copies of the complete application are available in the Growth Management Department. I MEETING DATE: A Development Review Committee meeting will be held on Thursday, August 28, 2008, at 11:00 a.m. in the Palm Beach Gardens City Council Chambers to review the following request to allow a minor site plan amendment and minor conditional use: Petition PPUD- 08 -05- 000020 - Waterway Cafe Rezoning to PUD /CG -1 and Request for Additional Outdoor Seating Area A request by Urban Design Studio, agent, on behalf of Lake Worth Creek Corporation, owner of the Waterway Cafe, for approval to allow a rezoning from General Commercial (CG -1) and Residential Medium Density (RM) to a Planned Unit Development (PUD) Overlay with a General Commercial (CG -1) underlying zoning designation and to allow an additional 1,135 square feet of outdoor seating area consisting of a Seminole Indian tiki but and 137 seats. The subject site is located at the southwest corner of PGA Boulevard at the Intracoastal Waterway. The applicant will be in attendance at this meeting to answer any questions you may have. You are requested to please review this request and attend the meeting if possible. Receiving your comments prior to the meeting will allow staff time to compile comments before the meeting to ensure proper direction, LDR requirements, and other pertinent information being conveyed to the applicant. Thank you for your ongoing cooperation and assistance. Please contact this office at 799 - 424:s ouldl you han any questions. I ius Barone, Police Giangrande, P.E., Boyle Engineering Fetterman, Fire Marshall Bruce Gregg, Seacoast Utility Authority Mark Hendrickson, City Forester g Wise, Building Official James Brown, Deputy Building Official Aries Page, GIS Manager ack Doughney, Community Services Todd Engle, Construction Services Tim Kasher, Recreation Mike Kelly, Parks Mike Morrow, Public Works David Reyes, Code Enforcement 2 Angela Wong, Operations Alan Boaz, Florida Power and Light Gerald Gawaldo, Palm Beach County Rick Kania, Waste Management Layle Knox, North Palm Beach Improvement District Robert Lozano, Florida Power and Light Attachments: Application, Narrative, and Development Plans cc: Kara Irwin, AICP, Growth Management Administrator Ray Caranci, Forestry Technician, Growth Management John Donahue, P.E., Boyle Engineering Patricia Snider, City Clerk Stephen Stepp, Police Chief Marty R. A. Minor, Agent, Urban Design Studio LI SA- $ Ri, V "AN P-Ae&t " V*vo ViAwtd M- Jh /Case files/Waterway Cafe /DRC notification transmittal Waterway.doc k PALM BEACH GARDENS POLICE DEPARTMENT SPECIAL OPERATIONS BUREAU INTEROFFICE MEMORANDUM TO: RICHARD MARRERO, PLANNER FROM: OFFICER JULES BARONE SUBJECT: WATERWAY CAFE - PUD OUTDOOR SEATING DATE: AUGUST 12, 2008 The police department has reviewed the applicant's request to allow the use of a tiki bar and out door seating area adjacent to the restaurant. The police department has no comments or concerns at this time. The police department reserves the right to further comment on any revisions to the application. CC: Chief Stepp Files At CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698 FIRE RESCUE DEPARTMENT MEMORANDUM TO: Richard Marrero, Senior Planner DATE: August 12, 2008 APPROVED: FROM: Scott Fetterman, Deputy Chief RE: PPUD- 08 -05- 000020: Waterway Cafe Rezoning to PUD /CG1 And Request for Outdoor Seating. Fire Rescue has reviewed the above referenced application and has no adverse comments or concerns at this time. Thank you for your assistance and consideration in this matter. Please contact me if you have any questions. CITY OF PALM BEACH GARDENS BUILDING DIVISION 10500 N. MILITARY TRAIL a PALM BEACH GARDENS FLORIDA 33410 -4698 (561) 799 - 4201 Memorandum To: Richard Marrero, Planner From: James Brown, Deputy Building Official Regarding: Petition for PPUD- 08 -05- 000020: Waterway Cafe Date: August 18, 2008 Based upon a review of the submitted documents we have no certification comments: In order to ensure there are no defects in the footprint and conceptual design, please provide a brief Building Life Safety Analysis for the outdoor seating area and gazebo. Please include exiting strategies, and distances, as well as occupant load and exit capacity tabulations. The following general comments affect this project should be duly noted by the applicant: 1. Separate permit and application will be required for: the tiki but and deck, plumbing and electric. 2. Additional information will be required from the seminal Indian at time of permit submittal of the tiki but to determine if the tiki but is exempt from Florida Building Codes only. 3. Please provide information to indicate the existing sanitary facilities will meet the minimum number of fixtures required for the additional occupant load of the additional area at time of building permit submittal. 4. Separate approval and permits for your project may be required by other appropriate agencies based upon the type and nature of work proposed. Issuance of a permit from the Building Division does not obviate the applicant from full responsibility to comply with all applicable statutory requirements. August 26, 2008 Mr. Richard Marrero Planning & Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Waterway Cafe Rezoning Dear Mr. Marrero: We offer the following comment on your transmittal dated August 11, 2008 concerning the referenced project. Seacoast has no objection to the proposed rezoning, however the applicant needs to make plan submittal detailing additional seating and water and sewer capacity. Please call if you require additional information. Sincerely, SEACOAST UTILITY AUTHORITY Bruce Gregg Director of Operations 4 cc: R. Bishop J. Callaghan L. Giangrande J. Lance 3550 SW Corporate Parkway Palm City, Florida 34990 772.286.3883 Fax 772. 286.3925 www.boyleengineering.com Memorandum TO: Richard Marerro FROM: Leo Giangrande, P.E. DATE: August 27, 2008 SUBJECT: Waterway Cafe PUD Amendment PPUD- 08 -05 -20 1 , 1 File #17354 We have reviewed the following plans and information for the above referenced project received August 12, 2008: • Applicant's Request for PUD Zoning for Outdoor Seating dated May 8, 2008 prepared by Urban Design Studio • Project Narrative dated May 8, 2008 prepared by Urban Design Studio • Development Application dated May 8, 2008 prepared by Urban Design Studio • Quitclaim Deed dated (recorded) April 16, 1986 • Location Map prepared by Urban Design Studio • Site Plan (Sheet 1 of 1) dated May 8, 2008 prepared by Urban Design Studio • Boundary Survey dated (signed) April 29, 2008 prepared by David & Gerchar, Inc. We have the following comments: • The applicant proposes the development of an outdoor Tiki Bar and seating for an existing restaurant location. In addition the applicant requests a rezoning from CG -1 & RM to PUD. The applicant indicates that they understand that waivers will be required, but have not identified any with this submittal. We offer the following comments to address requirements of the LDR, based on the materials received for this review and the potential need for waivers. Until the applicant attempts to address the comments, the extent of required waivers has not been identified. 1. The applicant shall clearly identify the area of proposed work, by ghosting or otherwise showing the existing versus proposed areas of the project for conformance with Section 78 -46 of the LDR. CADocuments and Settines\rmarrero \Local Settines \Temnorary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080927 - PPIJD- 08 -05 -20 - BOYLE 1 AECOM Page 2 of 8 Waterway Cafe File # 17354 2. The applicant shall clearly show, label and dimension the site plan, conforming to Section 78 -46 of the LDR, to clearly identify all existing proposed site feature including but not limited to; curb (noting type), curb radii, pavement width, drive aisle width, pavement radii where curb is not proposed, sidewalk and their width (including public sidewalks on adjacent street right -of- ways), handicap ramps (labeled "HR" or "CR "), flush walk with pavement ( "FW "), raised walk in lieu of curb along the edge of the pavement, parking stalls (standard and handicap), pavement areas versus grass areas, signage and pavement marking, easements, utilities, light fixtures, match points to existing facilities, etc. 3. The applicant shall provide "complete horizontal control of the project sufficient to construct the project and determine the dimensions of all site improvements ", for conformance with Section 78- 448 of the LDR, including but not limited to; a. The applicant is proposing outdoor seating and shows proposed outdoor seating areas identified on the site plan. The applicant shall provide a dimensioned detail of the proposed seating areas, showing the existing obstructions within and adjacent to the existing/proposed seating areas. b. The applicant shall identify the proposed locations and dimensions for table seating and other seating within the proposed outdoor seating areas. c. The applicant shall show, label and dimension the Tiki bar location on the site plan. d. The applicant shall dimension the distance from the northeast and southeast corner of the north building to the existing seawall. e. The applicant shall identify all points of public access, including walkways, to the outdoor seating areas and how they interconnect. The applicant is reminded of the City's required minimum five (5') foot wide clear walk area and ADA requirements for pedestrian access through the outdoor seating area. f. The applicant shall identify all non - public (employee use only) access locations to the outdoor seating areas. g. The applicant shall provide a detail of the existing seawall, identifying the height above grade of the top of the wall, along the proposed outdoor seating area. h. The applicant shall clarify how access is gained from the dock area to the proposed outdoor seating area now and following implementation of the proposed design. i. The applicant shall clarify if the boaters be provided limited number of access points or free access over the seawall in the area of outdoor seating. CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080827 - PPUD- 08 -05 -20 - BOYLE I AECOM Page 3 of 8 Waterway Cafe File #17354 j. The applicant shall dimension the distance from the existing 6' concrete wall, along the south and west side of the parcel, to the lot line. 4. The applicant has provided a boundary survey and dimensioned some of the existing features on the site plan. We note the following inconsistencies with the existing site and site dimensions, as they relate to the LDR; a. The drive aisles do not conform to the minimum 25' pavement width required for the 9.5' wide stalls with 900 parking, per Section 78 -344 Table 32 of the LDR. b. The southeast drive aisle is less than the minimum 24' required per Section 78 -344 Table 32 of the LDR. c. Parking stall dimensions are shown to be less than the 18.5' minimum parking stall length dimension required by Section 78 -344 Table 32 of the LDR for 900 parking. d. Parking stall dimensions are shown to be less than the 9.5' minimum parking stall width dimension required by Section 78 -344 Table 32 of the LDR for 90° parking. e. The loading spaces are not dimensioned, on the site plan or boundary survey, but do not conform to the 12' x 35' dimension for loading spaces per Section 78 -362 of the LDR. The spaces scale to be 10' x 20' on the site plan. The applicant shall dimension the loading spaces for conformance with Section 78 -362 & 78 -46 of the LDR. f. The applicant shall identify existing/proposed signage and pavement marking for the loading spaces, on the site plan, for conformance with Section 78 -363 of the LDR. 5. The applicant shall identify the existence and location of any dumpsters for conformance with Section 78 -378 of the LDR. 6. The applicant shall clarify the non labeled area north of the cooler on the south side of the north building for conformance with Section 78 -46 of the LDR. 7. The applicant shall clarify the division of the north and south parcels, identified on the boundary survey as the east west line approximately 100' north of the south line of the parcel, as the legal description and submittal do not identify any existing or proposed division of the parcel. If it is an intended dividing line, the applicant shall dimension the parcel for conformance with Section 78 -46 of the LDR. 8. The applicant shall clarify the existing/intended use of the south building for conformance with Section 78 -46 of the LDR. If it is utilized as a residence, the applicant shall identify any existing/proposed private areas for the residential use versus the existing /proposed public areas for the restaurant use and how they are separated. C• \Dncnments and Setting- \rmarrern \i,ncal Settings \Temnnrary Internet Files\( nntent Ont1nn1-\VS1-tTC1.F11 \1 715d - 7MRt1R77 - PP7 iil_nR_nG_7n _ BOYLE I AECOM Page 4 of 8 Waterway Cafe File #17354 9. The applicant shall clarify any areas where curb does not exist along the edge of pavement for conformance with Section 78 -46 of the LDR. It appears that curb does not presently exist for most of the existing parking stalls. 10. The applicant shall provide wheel stops within all non parallel parking spaces to avoid encroachment into landscape areas and sidewalks for conformance with Section 78 -344 and 78 -315 of the LDR. In lieu of wheel stops, the applicant may utilize a type D curb and a 2.5 foot overhang area. If the parking space abuts a sidewalk, then the sidewalk shall be increased in width to accommodate the 2.5 foot overhang. 11. The applicant shall provide a detail of the wheel stops, which conforms to FDOT Index 300 detail for "Concrete Bumper Guard ", with the exception of the height being six (6 ") inches as specified in Section 78 -228 of the LDR. 12. The applicant shall identify the existing signs ( "sign ") shown on the site plan for conformance with Section 78 -46 of the LDR. 13. The applicant shall identify any existing or proposed easements and utility services on the site plan and boundary survey for conformance with Section 78 -46 of the LDR. a. The applicant has indicated existing drainage and sanitary sewer structures on the boundary survey. The applicant shall indicate the location and sizes of pipes and outfalls, including service laterals and roof drains on the site plan. b. The applicant shall identify any water quality facilities, including exfiltration trenches on the site plan. c. The applicant shall identify any drainage control structures, on the site plan by labeling them "CS" for conformance with Section 78 -46 of the LDR. 14. The applicant shall provide a current Boundary and Topographic Survey of the project area, conforming to Section 78 -80 of the LDR, which states, "existing contours at one -foot intervals based on field surveys or photogrametic surveys, extending 100 feet beyond the parcel boundaries," additionally to Section 78 -46 of the LDR, which specifies "The survey shall have been completed within one year of the date the application is submitted." The survey shall be signed and sealed by a professional surveyor who is licensed in the state of Florida. a. The applicant provided a boundary survey but it does not include topographic data per Section 78 -80 of the LDR. 15. The applicant shall identify the direction of flow for all surface drainage and existing storm sewers on, or abutting the tract, for conformance with Section 78 -448 of the LDR. CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080827 - PPUD- 08 -05 -20 - BOYLE i AECOM Page 5 of 8 Waterway Cafe File # 17354 16. The applicant shall show, label and dimension, a minimum 100 -feet of off - street stacking distance from the edge of right -of -way to the nearest parking space, or intersecting drive aisle, for conformance Section 78 -344 of the LDR. 17. The applicant shall identify the curb turning radii for the entrance drives and throughout the entire site for conformance Section 78 -46 of the LDR. 18. The applicant shall identify the location of the seven (7) provided bicycle spaces, identified in the site data table, in accordance with the requirements of Sections 78 -411 through 78 -414 of the LDR. 19. The applicant shall label the capacity of each bicycle rack shown, or provide a detail of the proposed bicycle racks that identifies the capacity of the bicycle rack for conformance with Section 78 -46 of the LDR. 20. The applicant shall identify the width of all existing and proposed sidewalk for conformance with Section 78 -506 of the LDR. 21. The applicant shall provide an accessible route from each building to the public sidewalk in accordance with ADA STANDARDS FOR ACCESSIBLE DESIGN Section 4.1.2 Accessible Sites and Exterior Facilities: New Construction. An accessible site shall meet the following minimum requirements: (1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance. (See also Florida Building Code Section 11- 4.3.2) 22. The applicant shall provide a signed and sealed photometric plan for compliance with Ordinance 26, 2006 and the City's Lighting Regulations, which amends Section 78 -182 and Section 78 -751 of the LDR. Waiver Requests: 1. The applicant is requesting staff review the plan for required waivers. The above comments reflect issues that need to be addressed, or have waivers granted, for conformance with the LDR. Recommended Conditions of Approval 1. "Prior to issuance of the first land alteration permit, the applicant shall provide a signed and sealed pavement marking and signing plan, or provide same on the engineering plan. (City Engineer) 2. "The applicant shall copy to the City all permit applications, permits, certifications and approvals. " (City Engineer) CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080827 - PPUD- 08 -05 -20 - Page 6 of 8 Waterway Cafe File # 17354 3. "The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. " (City Engineer) 4. "Prior to the issuance of the first land alteration permit, the applicant shall plat the site to include all existing and proposed easements and like encumbrances, in accordance with LDR Section 78- 446 for City Council approval. " (City Engineer and Planning & Zoning) 5. "Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a cost estimate and surety in accordance with LDR Section 78 -309 and 78 -461 and a cost estimate for on -site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. " (City Engineer) 6. "The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. " (City Engineer) 7. "Prior to issuance of the first land alteration permit, applicant shall submit signed/sealedldated construction plans (paving /grading /drainage and water /sewer) and all pertinent calculations for review and comment. (City Engineer) 8. "The applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. " (City Engineer) 9. "Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-perm it meeting with City staff. " (City Engineer) 10. "Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. " (City Engineer) 11. "The applicant shall notify the City's Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City of Palm Beach Gardens. In the case of a city right -of -way, the applicant has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right -of -way and the subject development site. " (Public Works) CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU\17354 - 20080827 - PPUD- 08 -05 -20 - i Page 7 of 8 Waterway Cafe File 417354 The applicant shall provide a written response to all comments, indicating acknowledgement of each comment and how each comment has been addressed. Compliance will expedite the subsequent review. It is suggested that the applicant clearly identify all changes to the plans by either "clouding ", or highlighting, the location of all changes to further expedite the review. The applicant is advised of the following: Following site plan approval, the applicant shall submit an infrastructure permit with one (1) full size (24" x 36 ") set of construction plans and all applicable calculations and required permits and documentation, for review and approval of the City Engineer and for conformance with the conditions of approval noted above. Following construction plan approval and prior to issuance of the first permit for construction, the applicant shall provide four (4) full sized (24" x 3611) sets of signed and sealed construction plans as approved, identifying it as the final set of approved construction plans (or for construction), along with two (2) signed and sealed 11" x 17" plan set and two (2) PDF copy (CD) of all of the construction plan sheets. The PDF files shall reflect the 24" x 36" plan size and conform to the "City of Palm Beach Gardens Engineering Department Standards for Electronic As- builts. " The plan, including the electronic copy, shall have a note on the cover sheet identifying it as the final set of "Approved Construction Plans" (or "For Construction "). The final construction plan set shall include the full engineering plans of all plan sheets as approved, including but not limited to; paving, grading and drainage plan and details, sewer and water plan, profile and details, horizontal control, pavement marking & signing, erosion control, boundary and topographic, notes and specifications, design modifications and substitutions, etc. The applicant is reminded that all submittals are to be made to the City of Palm Beach Gardens Growth Management Department. LDG /mef cc: Kara Irwin — Palm Beach Gardens (kirwin(aciipbgfl.com) CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080827 - PPUD- 08 -05 -20 - .I,....._..,.... -..0 A-- Waterway Cafe File # 17354 City of Palm Beach Gardens Engineering Department Standards for Electronic Files BOYLEIAECOM The following minimum information shall be included on the electronic (CD) submitted PDF files. The PDF files shall reflect the 24" x 36" plan size. Approved Construction Plan Electronic Files The plan shall be identical to the final approved construction plan. The following information shall be shown on the electronic files • Name and license number of the professional responsible for the design • Name of the design firm • Plan sheet border with project name • North arrow • Graphic scale • Street names • The plan set shall be clearly labeled "APPROVED CONSTRUCTION PLAN" or "FOR CONSTRUCTION" As- Built/Record Drawings Electronic Files The plan shall be identical to the final approved construction plan. The as -built data shall be entered by: a. The applicant shall line through the existing dimension, elevation, or other data that was changed. b. The original information shall remain readable on the as -built plan. c. The revised (as- built) data shall be placed adjacent to the data that is changed. d. If unable to place the data adjacent to the original data, the revised data shall be placed as close as possible to the changed data with an arrow point to the location of the changed information. The following information shall be shown on the electronic files • Name and license number of the professional certifying the as -built data • Firm name of the certifying professional • Name of the design firm (if different from the certifying firm) • Plan sheet border with project name • North arrow • Graphic scale • Street names • The plan set shall be clearly labeled "AS -BUILT DRAWING" or "RECORD DRAWING" The final as -built plan set shall include the full engineering plan set with all plan sheets as approved, including but not limited to; paving, grading and drainage plan and detail, sewer and water plan, profile and detail, horizontal control, pavement marking & signing, erosion control, boundary and topographic, notes and specifications, design modifications and substitutions, etc. The applicant is advised that the above requirements may or may not agree with the City of Palm Beach Gardens GIS requirements. The applicant shall therefore review the requirements of GIS as well. 200806 CADocuments and Settings\rmarrero \Local Settings \Temporary Internet Files \Content.Outlook \V5BTCLFU \17354 - 20080827 - PPUD- 08 -05 -20 - Memo to File To: Richard Marerro, Senior Planner From: Mark Hendrickson, City Forester Subject: Petition PPUD- 08 -05- 000020, Waterway Cafe' Rezoning to PUD /CG -1 and request for Outdoor Seating Date: August 28, 2008 1 have reviewed the submittal package transmitted August 11, 2008. The petitioner is advised that the Waterway Cafe' site falls within the PGA Boulevard Overlay Corridor and the City's Coastal Area. To my knowledge, the petitioner is not proposing any redevelopment, any major or minor modifications to the existing parking, building structure, or any new construction. The petitioner is requesting to change the zoning from residential to commercial to be consistent with the Future Land Use. The PGA Boulevard Overlay Corridor requires the rezoning to become a PUD. At this time, City Forestry staff wants to recognize that the proposed PUD will have the following nonconformities: • There is non - native vegetation, such as Australian Pines and Mahoe, growing on this site. In the future, if any major ( re)development occurs on site, these plants will have to be removed. • There are quite a significant amount of non - native plants established on this site. The City's Comprehensive Plan and Land Development Regulations require developing site within Coastal Areas to contain 90% native plants. In the future, if any major (re)development occurs on site, this requirement will be requested by City staff. In addition to the potential legal non - conformities list above, the site has existing code violations. At this time, Forestry staff would like to recognize the following landscape code violations: • The exposed a/c mechanical equipment should be screened; • Missing or dead landscaping, and incorrect pruning, particularly associated with both sides of the concrete privacy wall along the southern and western perimeter; • Broken and exposed irrigation system, especially outside the perimeter wall; • Trash and debris, especially outside the perimeter wall; The petitioner is requesting to extend their outdoor seating into the new commercial site. Section 78 -186 (b)(10) requires a buffer between residential use and commercial use. At this time, I recommend that the site plan be revised to show the existing 6 -foot tall concrete privacy wall be extended along the southern perimeter east to within five feet of the Intracoastal Waterway seawall. I recommend the following conditions of approval: Aall landscape code violations shall be corrected (as listed above) to the satisfaction of the City Forester. The Waterway Cafe' property owner, successors and assigns shall be responsible for the landscape maintenance of the PGA Boulevard road shoulder adjacent to their property, and their fair -share of one -half of the landscape and irrigation maintenance cost for the PGA Boulevard medians from the eastern terminus to the western terminus of their property. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Marty Minor, AICP DATE: August 27, 2008 FROM: Richard Marrero, Planner SUBJECT: Staff Comments: Waterway Cafd Rezoning DEADLINE: Please respond to comments by September 27, 2008 Petition PPUD- 08 -05- 000020: Waterway Cafe 1. The applicant shall comply with all outdoor seating requirements set forth in City Code Chapter 78 Section 191. (Planning & Zoning) 2. Please be advised that should this petition be approved it does not allow for an outdoor bar use as a principal use, but only as an accessory use to serve the outdoor restaurant seating area, and may only be used at the same time that food service is available. (Planning & Zoning) 3. There are several outdoor seating and /or service areas located within the subject site. The outdoor seating and /or service area approval for the establishment may be revoked by the Growth Management Department in its discretion based upon a determination that the city has proved that use of such area violates the City's noise regulations so as to interfere with the adjacent property owners' use and enjoyment of their properties. This determination will be made after compliance with typical code enforcement procedures including warnings, opportunities to cure and public hearings. (Planning & Zoning) 4. Existing residential building shall only be used for accessory office /storage for the restaurant use in perpetuity. Said building shall not be counted toward additional restaurant square footage for outdoor seating. Please revise the site plan data table.