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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.) 45 46 47 48 49 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. 24 25 26 27 (The remainder of this page intentionally left blank) 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 39 40 41 42 43 44 45 46 47 FOR AGAINST ABSENT M I',' -AMOM 48 G:\attorney_ share \ORDINANCES\2010\ordinance 8 2010 - final with first reading changes.docx Page 6 of 6 Detail A