HomeMy WebLinkAboutDRC - Midtown PUD 091010n, PamB�` " "eAS CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Julius Barone, Police
Scott Fetterman, Fire Marshall
Bruce Gregg, Seacoast Utility Authority
Mark Hendrickson, Forestry
Steven Kennedy, Building Official
Via PBG Email:
Jack Doughney, Community Services
Theresa Gonzalez, Community Services
Ray Ellis, City Clerk
Todd Engle, Construction Services
Ross Gilmore, GIS
Tim Kasher, Recreation
Mike Kelly, Parks Division
Patty Snider, City Clerk
Ray Ellis, City Clerk
Donna Cannon, Municipal Services Coordinator
Mike Morrow, Public Works
David Reyes, Code Enforcement
Max Lohman, 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 27, 2010
FROM: Richard J. Marrero, Senior Planner
rmarrero @pbgfl.com
561- 799 -4219 (direct line)
561 - 799 -4281 (fax)
SUBJECT: Development Review Committee (DRC) Meeting for a community garden to be
located on the vacant parcel adjacent to Palm Beach Community Church within
the Midtown Planned Unit Development (PUD)
PETITION: CUMN- 10 -08- 000016
MEETING DATE:
A Development Review Committee meeting will be held on Friday, September 10, 2010 at
11:00 a.m. in the City Council Chambers to review the following development application:
Petition No. 10 -08- 000016 — Midtown PUD: A request from Palm Beach Community
Church Inc, for approval of a community garden to be located on the undeveloped parcel
adjacent to the Church (building "G ").
The applicant will be in attendance at this meeting. Please note that this will be the
approving Development Review Committee meeting to approve or deny the above petition,
with or without conditions. Please review the project submittal against the attached Ordinance
and any other applicable codes pertinent to your review. * *I've attached a copy of Ordinance
8, 2010, which was recently adopted by the City Council and provides for regulating
community garden uses for your convenience.
Thank you for your ongoing cooperation and assistance. Please contact our office at 799-
4219 should you have any questions.
Attachments: Project application and narrative, site plan, and Ordinance 8, 2010
cc: Natalie Wong, Director of Planning & Zoning
Patricia Snider, City Clerk
Stephen Stepp, Police Chief
Bahareh Wolfs, Development Compliance and Zoning Manager
Lynette Green, Agent for Palm Beach Community Church
2
2 ORDINANCE 8, 2010
3
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
7 DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 1590)(71) AND
8 AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED
9 USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE
10 AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS;
11 PROVIDING THAT EACH AND EVERY OTHER SECTION AND
12 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL
13 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
14 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
15 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
16 OTHER PURPOSES.
17
18
19 WHEREAS, the City Council of the City of Palm Beach Gardens has determined that
20 the existing Code of Ordinances does not contain regulations pertaining to community
21 gardens; and
22
23 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
24 Board, sitting as the Local Planning Agency, at a public hearing on May 11, 2010, and the
25 Board recommended denial by a vote of 7 to 0; and
26
27 WHEREAS, the City Council deems approval of this Ordinance to be in the best
28 interests of the health, safety, and welfare of the residents and citizens of the City of Palm
29 Beach Gardens and the public at large.
30
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
33 PALM BEACH GARDENS, FLORIDA that:
34
35 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the City of
36 Palm Beach Gardens, Florida is hereby amended by adopting new subsection 78- 1590)(71)
37 and amending Table 21: Permitted, Conditional and Prohibited Use Chart to establish
38 "Community Garden" as a minor conditional use and regulations for same; providing that
39 Section 78 -159 shall hereafter read as follows:
40
41 Sec. 78 -159. Permitted uses, minor and major conditional uses, and prohibited
42 uses.
43
44 (a) — (i) (These subsections shall remain in full force and effect as previously enacted.)
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46
47
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Page 1 of 6
Ordinance 8, 2010
1 Sec. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and
2 prohibited uses.
3
4 (Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional Use,
5 Blank = Prohibited)
6
CATEGORY/USE
I RE
I RR10 I
RR20 I
R11 I
R12
I R11 I
RM
I RH I
RMH
I PO
I CN I
CGt I
CG2
I CR
I M1 I
M1A
M2
P&I
CONS
PDA
Note
*** (The previous rows of Table 21 have been omitted for brevity.) `*
RESOURCES PRODUCTION AND EXTRACTION
Agriculture
C.
65
Excavation and
Fill, and Borrow
Pit Operations
C*
C*
66
OTHER
Accessory Uses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Mobile Home,
Temporary
C
C
C
C
C
C
C
C
C
C
67
Recreation,
Accessory
C
C
C
C
C
C
C
C
68
Satellite Dishes,
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
69
Trailers,
Construction
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Trailers, Sales
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Community
Garden
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
71
7
8 (j) Additional Standards. The following standards apply to specific uses as indicated in
9 the "Note" column of Table 21.
10
11 (l)—(70) (These subsections shall remain in full force and effect as previously enacted.)
12
13 (71) Community Gardens. A community garden is a use that is divided into multiple plots
14 for crop cultivation by multiple individual parties. Community gardens shall be limited to the
15 cultivation of fruits, vegetables, non - nuisance native plants, flowers, or herbs for personal use
16 only.
17
18 a. Applicability. This section shall apply to community gardens. Community gardens
19 may be located on vacant property or on property with a valid development order
20 approval. Community gardens may be located within the PGA Boulevard Overlay
21 or Northlake Boulevard Overlay Zone (NBOZ). This section shall not apply to
22 single - family residential dwelling units.
23
24
Page 2 of 6
Ordinance 8, 2010
1 b. Purpose and intent. The purpose and intent of this section is to establish
2 appropriate standards for the regulation of community gardens, with emphasis on
3 mitigating associated negative impacts on adjacent property owners. Organic
4 gardening practices are encouraged and the use of inorganic pest controls or nutrients
5 is discouraged.
7 c. Definition. Community garden is a conditional use that is intended to be
8 temporary on property in order to allow multiple parties to engage in horticultural
9 activities for their personal consumption or enjoyment, for the consumption or
10 enjoyment of friends and relatives, and /or donation to a not - for - profit organization. A
11 community garden shall comply with this section and the development standards of
12 the zoning district in which it is located.
13
14 d. General requirements. All community gardens shall comply with the standards
15 listed below:
16
17 1. Community gardens shall not exceed one -half (1/2) acre in size. The use of
18 previously- cleared land is encouraged.
19
20 2. The property shall be maintained in an orderly and neat condition consistent
21 with the City's property maintenance standards. Tools and supplies shall be
22 stored indoors or removed from the property daily.
23
24 3. No horticultural activities shall be conducted prior to sunrise or after sunset.
25 The use of hand tools and domestic gardening tools is encouraged. The use of
26 gas powered equipment greater than ten - horsepower is prohibited in community
27 gardens. Community gardens shall comply with City Code Section 34 -56 relating
28 to noise.
29
30 4. A community garden is not a commercial use or enterprise. Commercial or
31 "for profit" horticultural activities are not permitted in a community garden. The
32 produce grown in a community garden shall not be sold at wholesale or retail on
33 the premises.
34
35 5. No buildings or structures shall be permitted on the community garden
36 premises except sheds used for the storage of tools and equipment. Such sheds
37 shall be limited in size to 100 square feet and shall have no dimension that
38 exceeds 10 feet. Additionally, such sheds must comply with all required setbacks
39 for structures for the zoning district in which the community garden is located. No
40 more than two (2) sheds shall be permitted on a community gardens site. No
41 sheds shall be visible from PGA Boulevard. Benches, bike racks,
42 raised /accessible planting beds, compost or waste bins, picnic tables,
43 birdhouses, butterfly gardens, fences, and rain barrel systems may be permitted
44 as part of the conditional use approval process. No more than two (22) fifty -five
45 (55) gallon composting bins shall be located on a community garden site, and
46 rain barrels shall not exceed fifty -five (55) gallons in size.
Page 3 of 6
Ordinance 8, 2010
1 6. All fencing shall comply with the requirements contained within Section 78-
2 186. The boundaries of all community gardens must be properly identified such
3 that they are clear and unambiquous.
4
5 7. Additionally, the boundary of a community garden shall be no less than
6 twenty -five (25) feet from the side or rear property line and no less than twenty -
7 five (25) feet from the front property line. Community gardens located within the
8 PGA Boulevard Overlay shall be set back one hundred (100) feet from the
9 property line abutting the PGA Boulevard right -of -way. All plantings shall comply
10 with sight visibility triangle regulations, as set forth in the land development
11 regulations. Staff may require additional screening through the minor conditional
12 use process to ensure compatibility with and minimize impacts upon adjacent
13 developments or communities.
14
15 8. Refuse storage areas shall be provided and screened to enclose all refuse
16 generated from the garden. Refuse shall be removed from the site at least once
17 per week.
18
19 9. The site shall be designed and maintained so that water and fertilizer will not
20 drain onto adjacent property. Use of well - composted or sterilized manure is
21 permitted, however, the use of untreated manure is prohibited.
22
23 10. The applicant shall execute and file with the City a hold harmless and /or
24 indemnification agreement in favor of the City. This agreement shall be reviewed
25 and approved by the City Attorney prior to execution by the applicant.
26
27 11. As part of the minor conditional use review and approval process, the City
28 may require soil testing which demonstrates that the subject site is suitable for
29 horticultural activities and food production. Additionally, as condition of approval,
30 the City may require the periodic soil testing in order to ensure that the subject
31 site remains suitable for same.
32
33 e. Time limitations.
34
35 1. Community garden uses shall be initiated and placed in continuous use
36 within six (6) months of approval or as otherwise provided for in the development
37 order approving such use. Community garden uses shall not supersede any valid
38 development approvals issued by the City.
39
40 2. Upon issuance of an infrastructure permit that conflicts with the continued
41 use and existence of an approved community garden, such community garden
42 shall immediately cease operation and that community garden's conditional use
43 approval shall automatically become null and void.
44
45 3. Each year within thirty (30) days of the anniversary of the original date upon
46 which the community garden was approved the applicant, property owner,
47 successor, or assigns shall provide written notice of his or her intent and desire to
48 continue the use for an additional vear. Approval of such continuation shall not
Page 4 of 6
Ordinance 8, 2010
1 be unreasonably withheld. Failure to timely provide such written notice to the
2 growth management director shall automatically render the subject conditional
3 use approval null and void.
4
5 4. The City may revoke any community garden's approval and require it to
6 cease operation if code enforcement action, of any nature, is initiated in order to
7 enforce the City's code requirements. Furthermore, the City specifically reserves
8 the right to pursue any and all available legal remedies should the community
9 garden fail to comply with any applicable law. In the event a community garden
10 ceases to operate for a period of more than three (3) months, the use shall be
11 considered abandoned and the property owner shall be required to restore and
12 maintain the property in accordance with the city codes.
13
14 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are
15 hereby repealed.
16
17 SECTION 3. Should any section or provision of this Ordinance or any portion thereof,
18 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
19 such decision shall not affect the validity of the remainder of this Ordinance.
20
21 SECTION 4. Specific authority is hereby given to codify this Ordinance
22
23 SECTION 5. This Ordinance shall become effective immediately upon adoption.
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Page 5 of 6
Ordinance 8, 2010
1 PASSED this 6W2� day of Jai , 2010, upon first reading.
2
3 PASSED AND ADOPTED this 3� day of --.:3ruAj 1 , 2010, upon second
4 and final reading.
5
6
7 CITY OF PALM BEACH GARDENS
8
9
10 BY:
11 David,, MayK
12
13
14 Robert G. ur a Mayor
15
16
17 Js uncilmember
18
19
20 Ja u member
21
22
23 Jody Ba
24
26 ATTES't '
29' -
30 ,�; atncia 'hider, CM b, City Clerk
31
32
33 APPROVED AS TO FORM AND
34 LEGAL SUFFICIENCY
35
36
37 BY:
38 R. h an, City Attorney
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FOR
AGAINST ABSENT
M I','
-AMOM
48 G:\attorney_ share \ORDINANCES\2010\ordinance 8 2010 - final with first reading changes.docx
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