HomeMy WebLinkAbout080122 - DRC Minor Conditional Use Instructional Studio at Midtown PUDPALM BEACH
CITY OF PALM BEACH GARDENS
TO: Marls 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 PBG 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: July 14, 2022
FROM: Christopher Yerkes, Planner
cyerkes@pbgfl.com
561-799A253
SUBJECT: CUMN-22-o�-000059 —Request for a Minor Conditional Use to
allow an Instructional Studio at Midtown PUD
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 2:0o PM on
Monday, August 1, 2022.
Transmittal Memo
CU4N-22-07-000059
July 14, 2022
PALM BEACH GARDENS PETITION CUMN-22-O7-000059 — Midtown Pu
Requesting a Minor Conditional Use to allow an Instructional Studio located at 4773 PGA
Boulevard.
City of Palm Beach Gardens Code of Ordinances (Code) Section -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)�99-4253 Or at cyerlces@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
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Development Review Committee
Meeting Date: August 1, 2022
Petition CUMN-22-07-000059
ORDER OF THE
DEVELOPMENT REVIEW COMMITTEE
CITY OF PALM BEACH GARDENS, FLORIDA
PETITION NO. CUMN-22-07-000059
RE: Request for a Minor Conditional Use approval to allow a Studio, Instructional use
located at 4773 PGA Boulevard, in Midtown.
LEGAL DESCRIPTION:
BORLAND CENTER REPEAT
BEING A REPEAT OF TRACTS 1 THROUGH 8, INCLUSIVE, BORLAND CENTER, AS
RECORDED IN PLAT BOOK 104, PAGES 110 THROUGH 117, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACTS 1 THROUGH 8, INCLUSIVE, BORLAND CENTER, AS RECORDED IN PLAT
BOOK 104, PAGES 110 THROUGH 117, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
CONTAINING IN ALL 1,922,778 SQUARE FEET, OR 44.14 ACRES, MORE OR LESS.
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 Mixed Use (MXD) with a
Planned Unit Development (PUD) Overlay, as shown on the Official Zoning Map.
3. This Applicant requests a Minor Conditional Use pursuant to the City'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
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Development Review Committee
Meeting Date: August 1, 2022
Petition CUMW2M7-000059
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.
(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;
(1) 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,
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Development Review Committee
Meeting Date: August 1, 2022
Petition CUMN-22-07-000059
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.
(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-22-07-000059 for a Minor Conditional Use
is hereby APPROVED in order to allow a fitness studio (Studio, Instructional) within the Midtown
:IUD, subject to the following special conditions:
1. There shall be no outdoor activity associated with the instructional studio, all
activity 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)
3. The north door facing residences shall remain closed during operation. (Police
Department)
DONE AND ORDERED this first day of August, 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, AICP
Director of Planning and �
City of Palm Beach Gardens
Page 3 of 4
ATTEST:
Christopher Yerkes, Planne
Development Review Committee
Meeting Date: August 1, 2022
Petition CUMN-22-07-000059
Page 4 of 4