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Home My WebLink About051722 - DRC Instructional Studio at 2444 PGA Boulevard Minor Conditional Use-AA . PALM BEACH MEMORANDUM CITY OF PALM BEACH GARDENS TO: Mark Hendrickson, City Forester Ross Gilmore, GIS Manager Todd Engle, P.E., City Engineer Kathy Gilbert, P.E., Deputy City Engineer Neil Rosenberger, Fire Marshal Robert Seay, Police Officer Jeneve Labossiere, Police Sergeant Scott Danielski, CBO, Building Official Via PSG Email: Patty Snider, City Clerk Lilly Roa-Roque, Deputy City Clerk Renata Schwedhelm, Agenda Coordinator Stephen Stepp, Deputy City Manager David Reyes, Community Services Administrator Angela Brown, Deputy Community Services Administrator Mike Morrow, Operations Director JR Evans, Neighborhood Service Director Bahareh Wolfs, Development Compliance and Zoning Manager Charlotte Presensky, Leisure Services Administrator John Boehm, Assistant to the City Manager R. Max Lohman, City Attorney DATE: May 5, 2022 FROM: Christopher Yerkes, Planner cyerkes@pbgfl.com 561-799-4253 SUBJECT: CUMN-22-04-000057 — Request for a Minor Conditional Use to allow an Instructional Studio at Prosperity Center Please provide your comments on the subject DRC petition no later than Thursday, May 12, 2022. 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 in a memo. Additional copies of the complete application are available in the Planning & Zoning Department. Transmittal Memo CUMN-22-04-000057 5/5/2022 MEETING DATE: A Development Review Committee meeting will be held in Council Chambers to approve, with or without conditions, or deny the following development application at 3:00 PM on Tuesday, May 17, 2022. PALM BEACH GARDENS PETITION CUMN-22-04-000057 — Prosperity Center - Requesting a Minor Conditional Use to allow an Instructional Studio located at 2444 PGA Boulevard. City of Palm Beach Gardens Code of Ordinances (Code) Section 78-159 allows an Instructional Studio use to be reviewed as a Minor Conditional Use. The Applicant will be in attendance at this meeting. Please note that the Development Review Committee is the deciding body for Minor Conditional Use petitions. The petition will be approved (with or without conditions) or denied at this meeting. Please review this request and attend the meeting if possible. Your comments must be provided by the deadline stated above. Receiving your comments prior to the meeting will provide staff with the ability to give proper direction to the Applicant. Please contact me directly at (561)799-4253 or at cyerkes@pbgfl.com should you have any questions or comments. cc: Natalie M. Crowley, AICP, Director of Planning and Zoning Peter Hofheinz, AICP, Assistant Director of Planning and Zoning Martin Fitts, AICP, Principal Planner Page 2 of 2 Development Review Committee Meeting Date: May 17, 2022 Petition: CUMW22-04-000057 ORDER OF THE DEVELOPMENT REVIEW COMMITTEE CITY OF PALM BEACH GARDENS, FLORIDA PETITION NO. CUMN-22-04-000057 RE: Request for a Minor Conditional Use approval to accommodate an Instructional Studio use, which is located on the southeast corner of the intersection of PGA Boulevard and Prosperity Farms Road in Palm Beach Gardens, Florida. LEGAL DESCRIPTION: 5-42-43, NLY 628.24 FT OF ELY 864.68 FT &SLY 102.27 FT OF NLY 730.69 FT OF WLY84FTOFELY948.68FTOFNW1/4OFSE1/4LYGSOFPGA BLVD&EOF PROSPERITY FARMS RD (LESS N 182.18 FT OF W 195 FT, PROSPERITY GARDENS OFFICE CONDOS & NLY 12.23 FT ADNL PGA BLVD RNA ORDER APPROVING MINOR CONDITIONAL USE THIS CAUSE came to be heard upon the above application, and the City of Palm Beach Gardens Development Review Committee, having considered the testimony and other evidence presented by the Applicant, City staff, members of the public, and other interested persons at a hearing called and properly noticed, hereby make the following findings of fact: 1. The public hearing was properly noticed in accordance with Section 78-54 of the City's Land Development Regulations. 2. The property, which is the subject of said petition, is zoned General Commercial (CG-1), as shown on the Official Zoning Map. 3. This Applicant requests a Minor Conditional Use pursuant to the (ity's Land Development Regulations: Section 78-221: -PGA Boulevard corridor overlay. 4. Under the provisions of such regulations, the Development Review Committee has the right, power, and authority to act upon the application herein made. 5. The City of Palm Beach Gardens Development Review Committee determines the Minor Conditional Use request does meet the criteria set forth below and in Section 78-52(d) of the City's Land Development Regulations: (1) Comprehensive plan. The proposed use is consistent with the comprehensive plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. (3) Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. Page 1 of 3 Development Review Committee Meeting Date: May 17, 2022 Petition: CUMW22-04-000057 (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; (b) Providing for a safe and effective means of vehicular ingress and egress; (c) Providing for adequate roadway system adjacent to and in front of the site; (d) Providing for safe and efficient onsite traffic circulation, parking, and overall control; and (e) Providing adequate access for public safety purposes, including fire and police protection. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise; (b) Glare; (c) Odor; (d) Ground-, wall-, or roof -mounted mechanical equipment; (e) Perimeter, interior, and security lighting; (f) Signs; (g) Waste disposal and recycling; (h) Outdoor storage of merchandise and vehicles; (i) Visual impact; and (j) Hours of operation. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. Page 2 of 3 Development Review Committee Meeting Date: May 17, 2022 Petition: CUMN-22-04-000057 (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. IT IS THEREUPON ORDERED AND ADJUDGED by the City of Palm Beach Gardens Development Review Committee that Petition CUMN-22-04-000057 for a Minor Conditional Use is hereby APPROVED in order to allow an Instructional Studio use, subject to the following special conditions: 1. There shall be no outdoor activity associated with the instructional studio, all activities shall be located indoors. (Planning and Zoning) 2. The instructional studio shall strictly conform to all signage and advertising codes and ordinances (Planning and Zoning) DONE AND ORDERED this seventeenth day of May, 2022. ***In accordance with Section 78-61(c)(2) this conditional use must be initiated and placed into continuous use within two (2) years from the date of approval or such approval shall be automatically rendered null and void. Natalie M. Crowley, AIC� Director of Planning and Zoning City of Palm Beach Gardens ATTEST: BY: Christopher Yerkes, Planner Page 3 of 3