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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, AUGUST 08, 2006, AT 6:30 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• REPORT BY THE GROWTH MANAGEMENT ADMINISTRA.TOR: KARA IRWIN
• APPROVAL OF MINUTES: Jaly 25, 2006
PLANNING, ZONING AND APPEALS BOARD
Re�ular Members:
Craig Kunkle (Chair)
Barry Present (Vice Chair)
Randolph Hansen
Dennis Solomon
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
Alternates:
Joy Hecht (lst Alt.)
Amir Kanel (2"`� Alt.)
;-
Planning, Zoning and Appeals Board
August 08, 2006
Public Hearing and Recommendation to City Council:
1. Petition LDR-05-08: LDR Text Amendment — Development Name and Address
Standards
(to be continued to August 22, 2006)
Public Hearing and Recommendation to City Council: A City-initiated amendment to the
City's Code of Ordinances by amending Chapter 78, "Land Development," as it relates to
addresses, subdivision names, street names, and the Addressing Committee.
Project Manager: Aries Page, GIS Manager anaQe(n�pbQfl.com (799-4278)
Public Hearing and Recommendation to City Council:
2. LDR-06-06-000004: LDR Text Amendment Section 78-221: PGA Boulevard
Corridor Overlay
(Continued from June 27, 2006)
Public Hearing and Recommendation to City Council: A City-initiated request for
approval of a text amendment to Section 78-221, PGA Boulevard Corridor Overlay, Code
of Ordinances. This City Code amendment provides for the approval of changes to the
boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals,
rezoning requirements, and to the permitted and prohibited uses within.
Project Manager. Brad Wiseman, Planning Manager bwiseman b flcom (799-4235)
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
/n nccordnnce with !he Americnns with Disnbililies Act and Florida Stntule 286.26, persons wi(h disabililies needing specin! nccommoda/ions to
participate rn Ihis proceeding should conlacl !he Ciry Clerk's OJfice, no (aler (han five days prror ro the proceeding, at te/ephone number (56IJ
799-4110 jor assis/ance: if henring impaired, lelephone !he Flori�la Relav Service Numbers (800) 955-8771 ("rDD) or (800) 955-8770 (VOICEJ,
jor assislance. /f n person decides !o appeal any decision marle by /he P/anning, Zoning and Appeals Bonrd, Local P/anning Agency, or Lnnd
Developmen( Regulntions Commrssian, wilh respecf to nny matler cansrdererl at such mee[ing or hearing, lhey will need a record of (he
proceedings; nnr! jor such, they may need !o ensure lhat a verbnlim record of !he proceedings is mnde, which record inc(udes !he lestrmony nn�1
evidence upon whrch lhe appeal is 10 6e basetl. Exnct legn! rlescription ant!/or survey jor !he cases may be oblained jrom 1he files in 1he Growth
Manngemenl Depnrlmenl.
Common/pz agenda 8-08-Ob.doc
2
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print� � ; "1 �
Name: v � �
Address: �
City:
Subject: ��
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearir�gs". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
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Ra.ndoCph 3-fansen ,joy 3l�echt (r' .�lCt.)
Dennis SoComon �mir JCaneC(z"� �lCt.)
Craig .7CunkCe
�bt ichael Panczak
DougCas PenneCC
Barry Present
Jonat�an D. Ru6ins
C�TY C�� P�L� E����H ��,f��E[��
10500 N. Military Trail Palm Beach Gardens, Florida 33490-4698
�° Phone: (561) 799-4�243 P CiYy Website: http:llpbofLcon-� E Fax: (561) 799-4281
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PLANNING & ZONING COMMISSION
PowerPoix�t Disc Instruction
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Plannin� & /.u��ine 1)ivisiun
Ciry ofPalm Beach Gardens
U.i��� = City Council — lst and 3rd Thursday of each month. 7:00 PM
I):it�� = Planning, Zoning and Appeals Board (PZAB) — 2nd and 4th Tuesday
of each month. 6:30 PM
(Site Plan and Appearance Committee) (Zoning Board of Appeals)
January
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� Grawing Toged7er in !he Gardens
U:ii�� = Development Review Committee (DRC) - 2nd and 4th Thursday of each
Month. 10:00 AM
� Municipal Offices Closed
March
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Plannin , Zonin and A als Board
Current Members
Name Position Address Email Address Work # Home # Fax # Cell # Att .
Hansen, Randol h Re ular 9 Dunbar Road, 33418 rand inter lanarchitects.com 744-0445 626-1462 744-7219 10/1/04 9/30/07
3590 Loire Lane,
Hecht, Jo 1st Alt. 33410 0 ohecht aol.com 627-3132 627-3132 627-9206 10/1/05 9/30/07
8332 Man-O-War Rd, 832-8566
Kanel, Amir 2nd Alt. 33418 amir.kanel autec.nav .mil Ex. 7285 626-7716 804-9437 329-2013 10/1/05 9/30/07
27 Cambria Rd.W,
Kunkle, Crai , Jr. Chair 33418 cbk sunrisecom anies.com 575-7792 622-0154 575-7799 10/1/04 9/30/06
148 Thomton Dr,
Panczak, Michael T. Re ular 33418 mt anczak aol.com 379-7164 624-3406 627-9009 379-7164 10/1/04 9/30/07
Pennell, Dou las Re ular 3 Glencairn Rd, 33418 max ennell msn.com 694-1203 694-8686 694-1204 10/1/04 9/30/07
372-1 Prestwick Cir.
Present, Bar Vice Chair 33418 b resent adel hia.net 434-8083 630-8171 434-8187 10/1/04 9/30/06
194 Bent Tree Driv�e, lonathan.rubins�qrubb-
Rubins, Jonathan Re ular 33418 ellis.com 684-9500 684-8759 252-6124 10/1/04 9/30l07
217 Old Meadow Way, dennis meyerwpb.meyeriabar
Solomon, Dennis M. Re ular 33418 a.com 687-3177 62&7218 689-4363 10/1/04 9/30/O6
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698
DATE:
TO:
FROM:
SUBJECT
MEMORANDUM
August 08, 2006
Planning, Zoning and Appeals Board Members
Growth Management Department
Planning, Zoning and Appeals Board Meeting
Tuesday, August 08, 2006 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, August 08,
2006. This meeting will be held in the Council Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A Growth Management Department staff report for the items to be heard.
As always, the respective Project Managers' telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist II, will call to confirm your attendance.
Kara Irwi , AICP
Growth Management Administrator
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Craig Kunkle, PZAB Chairman DATE: 08/03/06
FROM: Aries Page, GIS Manager ��/l�� �
�
THRU: Kara L. Irwin, Growth Management Administrator
SUBJECT: Petition: LDR OS-08: Ordinance 23, 2006 - Development Name and
Address Standards
CC: Nancy E. Stroud, Assistant City Attorney
The above-referenced petition is scheduled to be heard at the August 8, 2006, Planning,
Zoning and Appeals Board meeting. Staff is working diligent�y to address the issues
raised by the Board relative to the subject petition at its June 27, 2006 meeting.
Therefore, staff respectfully requests that said petition be postponed until the August 22,
2006, Board meeting.
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
• Agenda Cover Memorandum
C J
•
Date Prepared: August 4, 2006
Meeting Date: August 8, 2006
Petition: LDR-06-06-000004
Subject/Agenda Item:
LDR-06-06-000004: Code Amendment to Section 78-221 PGA Boulevard Corridor Overlay
Public Hearing & Recommendation to City Council: A City-initiated request for approval of a text
amendment to Section 78-221, PGA Boulevard Comdor Overlay, Code of Ordinances. This City
Code amendment provides for the approval of changes to the boundaries of the PGA Boulevard
Corridor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and
prohibited uses within.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: P7,AB Action:
Growth Management: [N/A] Approved
City Attorney Project Costs: $ N/A__ [N/A] App. w/ conditions
Manager �� Total N/A Denied
Christine Tatum, Esq. � �
Brad Wiseman [ ] Rec. approval
Development Compliance Planning Manager $ N/A__ [] Rec. app. w/ conds.
[ J Quasi-Judicial Current FY [] Rec. Denial
NA [X] Legislative [N/A] Continued
[X] Public Hearing Funding Source: to:
Bahareh Keshavarz, AICP Attachments:
Advertised:
[ ] Operating • Ordinance 18, 2004
Growth Manage e Date: 6/16/06 • Section 78-221
Administrator i Paper: PB Post �X] Other N/A • Ordinance 25, 2006
Kara Irwin, AICP [X] Required —
Approved By: Budget Acct.#:
Ronald M. Ferris Affected parties: NA
City Manager [ ] Notified
[X] Not Required
Petition: LDRA-06-06-000004
llate prepared: August 4, 2006
Meeting Date: August 8, 2006
• BACKGROUND
On August 5, 1993, the City Council adopted Ordinance 13, 1993, which codified a new section in
the Code of Ordinances entitled "PGA Boulevard Planning and Design Guidelines." The intent of
this City Code Section was to designate PGA Boulevard as the City's "Main Street" and to establish
design principles to further enhance this corridor. This section also included a list of prohibited and
permitted uses within the PGA Boulevard Corridor Overlay.
Subsequently, the PGA Boulevard Corridor Overlay was amended on March 8, 1996, with the
adoption of Ordinance 2, 1996. This ordinance provided for the approval of an amendment to the list
of permitted and prohibited uses within the overlay, to prohibit discount department stores in excess
of 50,000 square feet. Prior to this City Code amendment, all discount, wholesale, and outlet stores
were prohibited regardless of size.
Following the first amendment, on July 20, 2000, the City adopted Chapter 78- Land Development
Regulations that was prepared by the Duncan & Associates firm. This City Code amendment
provided for revisions to the PGA Boulevard Corridor Overlay section. Included in these revisions,
was a change to the list of permitted and prohibited uses to allow single-entity retails establishments,
if certain criteria were met. Prior to this City Code amendment, single-entity retail establishments
were prohibited within the PGA Boulevard Corridor Overlay.
• The third and latest amendment to the PGA Boulevard Corridor Overlay became effective on August
5, 2004, when the City Council adopted Ordinance 18, 2004. The purpose for this amendment was
that the previous language in the overlay did not include several use categories, including personal
services, in the list of permitted uses or t1�e list of prohibited uses. It has been the City's policy that
if a use is not listed as a permitted use, the use is not allowed. Hence, the previous language was
proven to be too restrictive and difficult to interpret by staff and the business community. For this
reason, staff initiated the code amendment to clarify the language relating to uses within the overlay.
CITY CODE AMENDMENT
This City Code amendment provides for the approval of changes to the boundaries of the PGA
Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the
permitted and prohibited uses within.
Section 78-221 is amended to state the following: (Deletions are s��, new language is underlined):
(c) Applicability and Effects
(1) Applicability.
(b) Existing approvals. While existing development and approvals granted prior to August
18, 1994, are not required to comply with the standards of this division, any major
• amendments to previous approvals, or any redevelopment ^r a°�,°'^„�°^+ ^„�r^.,^'� ._,�;^�
2
Petition: LDRA-06-06-000004
I)ate prepared: August 4, 2006
Meeting Date: August 8, 2006
• � +��•�^+' ^�����*;^,�..a°:r���H°��°�r°'�„m°^*„'�rshallconformwiththesere lations.
^ r .... .... . .....r....,... Y.�.. gu
Further an unbuilt or built phase of an approved development, which phase has a valid site
plan approval as of (date of adoption of Ordinance 25, 2006 , is not required to conform to
the standards of Ordinance 25, 2006.
Section 78-49, Code of Ordinances, provides a process for development order amendments. Certain
amendments, such as increasing on-site amenities, minor site and landscape plan modifications, and
upgrading the site are considered a minor amendment, which staf.f is authorized to approve
administratively. The existing language in the overlay is not clear in terms of minor and major
amendments relating to conformance with the standards. It is staff's professional opinion that the
intent is not to discourage applicants from making improvements by requiring the site to come into
conformance at the time an administrative amendment is requested. Staff s position is that the intent
is to require this conformance at such time a major amendment is requested. Therefore, staff is
seeking to clarify this language.
The existing PGA Boulevard Corridor Overlay is not clear in terms of its application for
developments with un-built phases. It is staff's professional opinion that future un-built phases
without site plan approval should comply with the overlay; however, said un-built phases should not
initiate previously built, and or site plan approved phases, to comply with the overlay.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting or
• abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from the edge of
right-of-way, within the city limits. If a PUD fronts or abuts PGA Boulevard and anv portion
is within 1 000 feet from the ed e�of ri�ht-of-way, then all parcels within said PUD shall be
ineluded in the overlav re�ardless of propertv depth. All non-residential components of a
PCD that front or abut PGA Boulevard shall be included within the boundaries of the PGA
Boulevard Corridor Overla ��regardless of the depth of the parcel.
•
The purpose of the modification to the overlay boundaries is to ensure that each parcel of land
abutting PGA Boulevard, for development purposes, will be included in the overlay regardless of
property depth. The intent of this modification is that entire PUDs fronting upon PGA Boulevard
will be subject to the overlay standards, which is a clarification of staffs existing interpretation. For
example, the Parce15B PUD and the commercial portion of the Legacy Place PCD have conditions
of approval requiring compliance with the overlay even though said developments have a depth of
greater than 1,000 feet.
Additionally, entire non-residential components of a PCD that front upon PGA Boulevard will also
be subj ect to the regulations of the overlay. This will allow the City to treat each development along
PGA Boulevard as a whole as it relates to the overlay, rather than arbitrarily excluding portions of a
PUD and non-residential components of a PCD solely on the 1,000-foot distance requirement.
3
Petition: LDRA-06-06-000004
])ate prepared: August 4, 2006
Meeting Date: August 8, 2006
•
(d) Site development guidelines.
(1) District Uses.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and
prohibited within the PGA Boulevard corridor overlay are listed below:
Permitted uses shall consist of the following:
(iii) Personal services that are not wholesale or discount in nature: bank/financial
institution (drive-thru lanes shall not face PGA Boulevard); banquet facility*; beauty
salon (excluding stand-alone nail salons); catering service*; commercial marinas
(waterfront only); convenience stores and auto service stations with �,as sales** that
existed prior to (date of Ordinance 25, 2006�; day spa; dry cleaning (�"+�
; pick-up and drop-off only); photo studio and processing; picture
framing; studio* (instructional or professional); and travel agency.
(vii) Specialty retail uses that are not wholesale or discount in nature: antique shop;
appliance and/or electronics store; art gallery, museum, and/or studio; bakery;
bookstore; bridaUformalwear store; camera and photography sales and service; candy,
• nuts, and confectionary sales; card store; clothing store; department store (specialty
or full line); drug store (drive-thru lanes shall not face PGA Boulevard) �e-�te-
�, provided stand-alone drug stores do not front upon PGA Boulevard ; flaral or
florist shop; furniture store; gift shop; grocery store (specialty); ice cream shop;
interior design (including sales); houseware sales; jewelry store (including repair of
jewelry and clocks); leather goods and luggage store; music and musical instrument
sales; news and magazine sales; office equipment sales; optical retail sales; pottery
shop; restaurant (no drive-thru; no exterior take-out windows); shoe store; sporting
goods sales; telecommunication equipment sales (for personal use only); tobacco
shop; toy store; and video and video game rental and sales.
*** Convenience stores and auto service stations with accessorv �as sales that
existed prior to �date of Ordinance 25, 2006 shall be permitted to expand its use
provided said use does not result in an overall traffic im�act and/or an expansion of
the existin� land area of the site. Further, auto service stations with gas sales shall be
permitted to change said use to a convenience store with �as sales.
3. Prohibited uses shall consist of those prohibited uses in the underlying zoning
district, as well as auto, recreational vehicle, truck, and similar vehicle sales, storage,
and repair; wholesale, discount, and outlet stores; self storage buildin�s that directly
front upon PGA Boulevard, outdoor self-storage; stores having a building footprint in
excess of 40,000 square feet; single-entity retail establishments, unless otherwise
• provided in this division; intense commercial and industrial activities characteristic
of the CG-2 and M-2 districts; mobile home parks, and drive-in facilities unless as an
�
Petition: LDRA-06-06-000004
Date prepared: August 4, 2006
Meeting Date: August 8, 2006
• accessory use to a bank or drug store.
4. The Citv Council shall have the discretion to approve, as a major conditional use, an
additional use that is not specifically listed herein as permitted or prohibited, if the
use is consistent with the spirit and intent of the overla�
The above mentioned modifications related to gas stations will allow existing gas station parcels to
be considered conforming, which would allow redevelopment and major amendments thereto
provided said modification does not result in a significant traffic impact. However, additional gas
stations, beyond the existing five locations, would remain prohibited. Additionally, gas stations
seeking to expand land area would also remain prohibited, which addresses a concern raised by a
resident at the PZAB public hearing.
Presently, there are dry cleaning services fronting upon PGA Boulevard. However, new or expanded
dry cleaners are prohibited. It is staf�s professional opinion that this is an attractive use consistent
with the intent of the overlay and should be made conforming.
Currently, drive-thru lanes are only allowed as an accessory to a bank. The previous amendment to
the overlay required that these drive-thru lanes shall not face PGA Boulevard. It is staff's
professional opinion that the same requirement for pharmacies would be consistent with the intent of
the overlay. Furthermore, stand-alone drug stores that front upon PGA Boulevard would not be
• permitted, which the existing code allows.
Self-storage is a prohibited use in the overlay. However, it is staff's professional opinion that such a
use can be attractive for the community if designed with sound planning principles and significant
architectural features. Furthermore, self-storage buildings directly fronting upon PGA Boulevard
would still be prohibited with this amendment. Additionally, this code amendment seeks to clarify
that outdoor storage is prohibited within the overlay. Therefore, staff recommends that self-storage
buildings that do not front upon PGA Boulevard are not included as a prohibited use.
Currently, a proposed use not listed within the overlay as permitted or prohibited, and is not similar
to a permitted use, is prohibited. For such a use to be allowed, the applicant would have to file an
amendment to the overlay. It is staff's position that uses change and evolve through the years and
such a use may not be included in the list, but meets the spirit and the intent of the overlay.
Furthermore, self-storage not fronting upon PGA Boulevard may be appropriate in certain locations.
In these cases, staff recommends that the maj or conditional use process be followed to allow the City
Council, following a recommendation by the City Council, flexibility in approving uses consistent
with the overlay.
(4) Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity Farms
Road having frontage on PGA Boulevard shall be subject to the special front
• setback requirements listed below.
5
Petition: LDRA-06-06-000004
I)ate prepared: August 4, 2006
Meeting Date: August 8, 2006
•
1. Structures or paved areas for motor vehicles, other than for ingress and
egress, shall not be installed or constructed within 55 feet of the road right-of-
way or future expanded right-of-way, whichever is greater. This requirement
may be varied by the City Council to allow for art in public places, transit
stops, a� pedestrian amenities such as meandering sidewalks, kiosks, or
signage within the setback, and outdoor seating with or without service for
restaurants. Outdoor seating for restaurants shall be located north of the
public sidewalk on the north side of PGA Boulevard and south of the public
sidewalk on the south side of PGA Boulevard. At no time shall outdoor
seating for restaurants encumber the public sidewalk.
It is staff's professional opinion that outdoor seating for restaurants is a pedestrian amenity that
furthers the intent of pedestrian activity within the PGA Boulevard parkway and the interaction
within mixed use developments. The purpose of this modification is to clarify this intention.
During the PZAB public hearing, a resident raised a concern with the possibility of a conflict
between public and private use related to restaurant outdoor seating. To address this concern, staff
has added proposed language that specifically prohibits any potential conflicts by restricting the
location of said seating on the opposite side of the public sidewalk from PGA Boulevard. This
would eliminate restaurant patrons or waiters from crossing the public sidewalk to access or service
• the seating. Furthermore, staff has added language which clarif es that said seating can not encumber
a public sidewalk.
(e) Rezonings. Every property owner seeking a development order within the PGA Boulevard
corridor overlay shall rezone the property to a PUD or PCD overlay zoning district. Property
owners of existing developments shall undertake this rezoning at the time a major
amendment of an existing approval, time extension, or ma�L site plan
amendment, is initiated or after suffering damage in excess of
50 percent of the appraised value. Uses permitted within the PUD or PCD shall conform
with the comprehensive plan land use category, the underlying zoning district, and any
development order approved by the city council where not in conflict with the provisions of
this overlay.
As stated previously, Section 78-49, Code of Ordinances, provides a process for development order
amendments. Certain amendments, such as increasing on-site amenities, minor site and landscape
plan modifications, and upgrading the site are considered a minor amendment, which staff is
authorized to approve administratively. The existing language in the overlay is not clear in terms of
minor and major amendments relating to the requirement to rezone to a PUD or PCD. It is staf�s
professional opinion that the intent is not to discourage applicants from making improvements by
requiring a rezoning at the time an administrative amendment is requested. But to require this
rezoning at the time a major amendment is requested. Therefore, staff is seeking to clarify this
language.
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Petition: LDRA-06-06-000004
I)ate prepared: August 4, 2006
Meeting Date: August 8, 2006
• PLANNING ZONING AND APPEALS BOARD PZAB
The PZAB reviewed the proposed amendment to the Land Development Regulations on June 27,
2006, and continued the public hearing to the August 8, 2006, meeting. The PZAB raised the
following issues and staff's responses are in italics:
1.) The PZAB raised a concern with the boundary language modification relative to the phrase "for a
one parcel depth, whichever is greater" and the application of the new language to the approved
ParcelSB PUD.
Staff has removed the previously proposed language stated above, which seeks to simplify that all
PUDs and non-residential components of PCDs that front upon PGA Boulevard, and are within
1,000 feet from the right-of-way, are governed by the provisions of the overlay regardless of
property depth. Please note that a condition of approval was included in Parcel SB PUD
development order that required the entire PUD to comply with the overlay regulations. This
restriction included all portions beyond 1,000 feet.
2.) The PZAB raised a concern relating to the proliferation of stand-alone drug stores within the
PGA Boulevard Corridor.
• The existing regulations do not limit the amount of stand-alone drugstores within the overlay.
Nevertheless, staff has added language that prohibits stand- alone drugstores that front upon PGA
Boulevard.
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3.) The PZAB raised a concern with removing the restriction on dry-cleaners that prohibits frontage
onto PGA Boulevard.
During staff's review and analysis of the existing uses within the corridor, and the potential for
future uses, staff noticed that dry cleaners are present within older developments and the need for
future locations may arise. It is staff's professional opinion that a drv cleaner is a beneficial and
neighborhood serving use that should not be restricted. Please also note that this restriction ofpick-
up and drop-off only would remain in effect with this amendment.
4.) The PZAB raised a concern with removing self-storage as a prohibited use within the PGA
Boulevard Corridor Overlay. Specifically, the PZAB was concerned with this type of use fronting
upon PGA Boulevard. Staff has revised the proposed amendment to prohibit self-storage buildings
that front upon PGA Boulevard.
STAFF RECOMMENDATION
Staff recommends approval of petition LDR-06-06-000004.
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Date Prepared: May 26, 2004
As Amended at Second Reading: August 5, 2004
ORDINANCE 18, 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE PGA
BOULEVARD CORRIDOR OVERLAY; AMENDING SECTION 78-
221, CODE OF ORDINANCES, ENTITLED "PGA BOULEVARD
CORRIDOR OVERLAY" RELATING TO PERMITTED,
CONDITIONAL, AND PROHIBITED USES WITHIN THE OVERLAY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
12 WHEREAS, the existing language in the City's Code of Ordinances relating to
13 permitted and prohibited uses in the PGA Boulevard Corridor has proven to be difficult
14 to interpret by City staff and others doing business within the City; and
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WHEREAS, the City Council has determined that it is necessary to amend said
language so that future problems relating to the interpretation thereof can be eliminated;
and
WHEREAS, the City's Land Development Regulations Commission reviewed
said amendment to the City's Land Development Regulations (LDRs) at its May 11,
2004, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF PALM BEACH GARDENS, FLORIDA that:
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends Section 78-221, Code of
Ordinances, entitled "PGA Boulevard corridor over(ay," to read as follows:
Section 78-221. PGA Boulevard corridor overlay.
.**
(b)(4) Waivers. The city shall not grant any waiver which permits the
establishment of a use not authorized by this division. The city shall not qrant
anv waiver of intensity which would allow a theater in excess of 500 seats.
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(d)(1)b. Permitted and prohibited uses. Those uses permitted, conditionallv
permitted, and prohibited within the PGA Boulevard corridor overlay are listed
below:
Date Prepared: May 26, 2004
Ordinance 18, 2004
As Amended at Second Reading: August 5, 2004
• 1 1. Permitted uses shall consist of the followinq: ',
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6 U Cultural, entertainmenf, and recreational uses: private club or lodqe*;
7 public park; and theater** (500-seat max).
9 (ii) O�ce uses: medical or dental office, clinic or suqply sales; optician or
10 o�tometrist office; and arofessional and business office.
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jiii) Personal services fhat are not wholesale or discount in nature:
bank/financial institution (drive-thru lanes shall not face PGA Boulevard);
banQUet facilitv": beautv salon (excludinq stand-alone nail salons);
caterinq service*; commercial marinas (waterfront onlv); day spa; dry
cleaninQ (not frontinq PGA Boulevard; pick-up and drop-off onlv); photo
studio and processinq; picture framinq; studio` (instructional or
professional); and travel aaency.
jiv) Public and institutional facilifies: churches and places of worship"*;
colleqe or university, public or private"'`; governmental uses; hospital.
�ublic or private*`; post office**; and schools, public or private**.
(v) Research and light industrial uses: laboratory** (�qeneral, dental, or
medical, or industrial research and development); minor utilities and
aCCessoN uses; and passenqer and transit stations*`.
�vi) Residenfial uses: hotel; multifamily dwellinq; and sinqle-familv dwellinq.
Ivii) Specialty retail uses fhaf are nof wholesale or discount in nature: antique
shop• appliance and/or electronics store; art qallery, museum, and/or
studio: bakerv: bookstore; bridal/formalwear store; camera and
photoqraph�,r sales and service; candv, nuts, and confectionarv sales;
card store• clothinq store; department store (sqecialty or full line); druq
store (no drive-thru�• floral or florist shop: furniture store; qift shop;
qrocerv store (specialty,); ice cream shop; interior desian (includinq
salesl; houseware sales; iewelrv store (includinq repair of iewelrv and
clocks); leather qoods and luaqaqe store; music and musical instrument
sales• news and maqazine sales; office eQUipment sales; optical retail
sales: qotteN shop; restaurant (no drive-thru; no exterior take-out
windows� shoe store; sportinq�qoods sales; telecommunication
epuipment sales (for personal use only); tobacco shoq; tov store; and
video and video qame rental and sales.
* Minor Conditional Use approval reQUired.
"`* Maior Conditional Use aparoval required
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Date Prepared: May 26, 2004
Ordinance 18, 2004
As Amended at Second Reading: August 5, 2004
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall applv to the uses established above.
2. A use not listed in this section but possessinq similar characteristics thereto
mav be established upon apAroval by the arowth management director.
,A�peals to such determinations shall be made to the qlanning, zoninq,and
a�peals board.
3.�: Prohibited uses shall consist of those prohibited uses in the underlyinq
zoninq district, as well as auto, recreational vehicle, truck, and similar vehicle
sales, storage, and repair; wholesale, discount, se�-stefage and outlet stores
se�e�s; self storaqe; ' stores having a buildiny footprint in
excess of 40.000 �,�88 square feet; single-entity retail establishments,
unless otherwise provided in this division; intense commercial and industrial
activities characteristic of the CG-2 and M-2 districts; mobile home parks: and
drive-in facilities unless as an accessory use to a bank.
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4. This section shall not be construed or held to affect the rights of (1) anv
existinq established business, its successors, or assigns, to continue in a use
or structure that mav otherwise become a leqal nonconformity as a result of
the passage of Ordinance 18. 2004 or (2) any use specificallv approved bv a
development order Qranted by the City prior to the effective date of Ordinance
18, 2004.
(d)(1)c. Single-entity retail users. Single-entity retail
users may be permitted in the PGA Boulevard corridor overlay, subject to the
requirements of this division and the additional requirements listed below.
�«*
2. If located within a larger development, the single-entity retail building shall be
inteqrated into the overall site plan for the parcel and shall be designed and
constructed in a manner that reflects the same architectural styte, color,
materials, and treatments of the other buildings within the parcel.
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Date Prepared: May 26, 2004
Ordinance 18, 2004
As Amended at Second Reading: August 5, 2004
4. The building within which the single-entity retail use is located shall not have
a buildinq footprint in excess of 40,000 , square feet.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption,
except that the provisions of Section 78-221(b)(1)b establishing minor conditional uses
shall become effective upon the effective date of Ordinance 18, 2004.
PASSED this � day of `3� W , 2004, upon first reading.
PASSED AND ADOPTED this S'�"� day of r'���s�- , 2004, upon second
and final reading.
CITY PAL _ _ GARDENS
BY: �-' � �
Eric ablin, May
Joseph Russo; Vice Mayor
C
Marie Delgado
� �c�,`� �'�-- .
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City lerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: � -
hristine P. Tatum, City Attomey
FOR
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AGAINST ABSENT
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G:�attorney_share\ORDINANCES�pga blvd corr overlay use regulations - ord 18 2004-as amended at second reading.doc
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§ 78-193
PALM BEACH GARDENS CODE
Secs. 78-193-78-220. R.eserved.
DIVISION 2. PGA BOULEVAR,D CORRIDOR OVERLAY
Sec. 78-221. PGA Boulevard corridor overlay.
(a) Scope. The planning and design regulations established in this division shall apply to all
lands within the PGA Boulevard corridor overlay.
(b) Purpose and intent. The purpose and intent of this division is provided below.
(1) Main Street character. The character, magnitude, aesthetics, and uses to be developed
or redeveloped on PGA Boulevard are of special interest to the city because it is the
city's "Main Street." Accordingly, the purpose and intent of this division is to
implement policies regarding the PGA Boulevard corridor as recogniaed by the city's
comprehensive plan. Policy 1.1.6.5 of the city's comprehensive plan states that PGA
Boulevard shall be developed using the techniques indicated below.
a. Following completion of the PGA Boulevard/Alternate AlA urban interchange, a
new CRALLS (Constrained Road way at a Lower Level of Service) level of service
standard for PGA Boulevard ahall be determined in coordination with the county,
the regional planning council and the state department of transportation, with
the maximum number of lanes being six.
b. The city shall maintain the PGA design guidelines as regulations which require
utilization of landscaping, boulevard strips, pedestrian walkways, bikeways,
buffers, and setbacks to emphasize the various functions of PGA Boulevard as a
divider of different land uses and as a center of the city.
(2) Planning and design guidelines. The city seeks to encourage the development of
specific commercial retail and off`ice uses along PGA Boulevard because it is the city's
"Main Street." Because the PGA Boulevard corridor acts as a divider between land
uses, it is necessary that the city ensure that adequate buffering is provided along this
corridor in a consistent manner. In recognition of the city's desire to create special
character and aesthetics for this corridor, planning and design guidelines and
particular uses are established for the PGA Boulevard corridor. The planning and
design guidelines are intended to achieve the objectives listed below.
a.
b.
c.
d.
Supp. No. 15
Create a special identity for PGA Boulevard through the use of planning and
design standards.
Ensure high quality, architecturally compatible, consistently landscaped devel-
opment along the corridor
Regulate uses within the corridor which will create a specific character and
aesthetic quality for the corridor.
Ensure that new development or redevelopment projects preserve and enhance
the existing visual character of the corridor.
CD78:186
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LAND DEVELOPMENT
e. Promote and protect the health, safety and general welfare of the city.
§ 78-221
(3) Use regulations. The use regulations in this division are intended to create an urban
environment that diaplays the highest quality private and public-sector development.
Further, innovative and alternative provisions which lend a sense of integration and
connecti�n to the properties along the corridor shall be encouraged.
(4) Waivers. The city shall not grant any waiver which permits the establishment of a use
not authorized by this division. The city shall not grant any waiver of intensity which
would allow a theater in excess of 500 seats.
(c) Applicability and effects.
(1) Applicability.
a. Standards. The standards contained in this division shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to PGA
Boulevard. These standards may apply regardless of whether or not a property is
primarily accessed via PGA Boulevard or where property may not be accessible
via PGA Boulevard.
b. Existing approvals. While existing development and approvals granted prior to
August 18,1994, are not required to comply with the standards, any amendments
to previous approvals, redevelopment, or development approvals which have been
granted time extensions for a previously-approved development plan or the
continuation of a partially-developed development plan shall conform with these
regulations.
c. Affect on nonconformities. Nonconforming buildings, lots, or uses shall be subject
to the provisions of the overlay should they seek any expansion or modification,
or should they suffer damage in excess of 50 percent of their appraised value.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting or
abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from the
edge of right-of-way, within the city limits.
(3) Conflicts. Zb the extent that any conflicts occur between the standards of the overlay
and this chapter or other regulations, the provisions of the overlay shall prevail.
Additionally, where provisions of this overlay are not in conflict with other regulations,
that which is more strict shall prevail.
(d) Site deuelopment guidelines.
(1) District uses.
a.
Applicatian. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
Supp. No. 16 CD78:187
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§ 78-221
PALM BEACH GAR.DENS CODE
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
�
Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or lodge*;
public park; and theater** (600-seat max.)
(ii) O�ce uses: medical or dental office, clinic or supply sales; optician or
optometrist office; and professional and business office.
(iii) Personal services that are not wholesale or discount in nat►�re: bank/
financial institution (drive-thru lanea shall not face PGA Boulevard);
banquet facility*; beauty salon (excluding stand-alone nail salons);
catering service*; commercial marinas (waterfront only); day spa; dry
cleaning (not fronting PGA Boulevard; pick-up and drop-off only);
photo studio and processing; picture framing; studio* (instructional or
profeasional); and travel agency.
(iv) Public and institutional facilities: churches and places of worship**;
college or university, public or private**; governmental uses; hospital,
public or private**; post office**; and schools, public or private**.
(v) Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; and passenger and transit stations**.
(vi) Residential uses: hotel; multifamily dwelling; and single-family dwell-
ing.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance and/or electronics store; art gallery, museum,
and/or studio; bakery; bookstore; bridaUformalwear store; camera and
photography sales and service; candy, nuts, and confectionary sales;
card store; clnthing store; department store (specialty or full line); drug
store (no drive-thru); floral or florist shop; furniture store; gift shop;
grocery store (specialty); ice cream shop; interior design (including
sales); houseware sales; jewelry store (including repair of jewelry and
cl�cks); leather goods and luggage store; music and musical instru-
ment sales; news and magazine sales; office equipment sales; optical
retail sales; pottery shop; restaurant (no drive-thru; no exterior take-
out windows); shoe store; sporting goods sales; telecommunication
equipment sales (for personal use only); tobacco shop; toy store; and
video and video game rental and sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall apply to the uses established
above.
Supp. No. 16 CD78:18$
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LAND DEVELOPMENT § 78-221
2. A use not listed in this section but possessing similar characteristics thereto
may be established upon approval by the growth management director.
Appeals to such determinations shall be made to the planning, zoning and
appeals board.
3. Prohibited uses shall consist of those prohibited uses in the underlying
zoning district, as well as auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, and outlet stores; self
storage; stores having a building footprint in excess of 40,000 square feet;
single-entity retail establishments, unless otherwise provided in this divi-
sion; intense commercial and industrial activities characteristic of the CG-2
and M-2 districts; mobile home park9; and drive-in facilities unless as an
accessory use to a bank.
4. This section shall not be construed or held to af%et the rights of (1) any
existing established business, its successors, or assigns, to continue in a use
or structure that may otherwise become a legal nonconformity as a result of
the passage of Ordinance No.18-2004 or (2) any use specifically approved by
a development order granted by the City prior to the effective date of
Ordinance No. 18-2004.
c. Single-entity retail users. Single-entity retail users may be permitted in the PGA
Boulevard corridor overlay, subject to the requirements of this division and the
additional requirements listed below.
Supp. No. 16
1. The building within which the single-entity retail use is proposed to be
located, and the exact nature of the use, shall be approved by the city
council.
2. If located within a larger development, the single-entity retail building shall
be integrated into the overall site plan for the parcel and shall be designed
and constructed in a manner that reflects the same architectural style, color,
materials, and treatments of the other buildings within the parcel.
3. If planned, located, and approved as a freestanding building on a separate
parcel, a single entity retail building shall be designed in a manner that is
consistent with the following standards:
(i) The building shall be designed to appear as a structure containing
multiple tenants or users;
(ii) The design is compatible with the objectives of the PGA Boulevard
corridor overlay;
(ui) The design is consistent with the architectural style of adjacent
buildings;
(iv) The design enhances the appearance of the entire PGA Boulevard
corridor;
CD78:188.1
§ 78-221
4.
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PALM BEACH GARDENS CODE
(v) The design provides great visual interest through such techniques as
multiple roof lines, architectural details, use of pedestrian amenities,
use of exterior facade treatments, and similar elements which avoid
the creation of monolithic structures;
(vi) The design of the structure provides open space, landscaping, and
similar amenities of a nature and extent that greatly exceeds the
requirements of this chapter; and
(vii) The design provides architectural treatments on all sides of a struc-
ture, and screens or buffers all facilities such as loading zones,
mechanical equipment, and trash and garbage containers.
The building within which the aingle-entity retail use is located shall not
have a building footprint in escesa of 40,000 square feet.
If located within a larger development, a single-entity retail building shall,
at a minimum, share the following elements with all other buildings located
within the same development:
(i) Cammon adherence to all conditions of development appraval adopted
by the city;
(ii) Shared use of common areas;
(iii) Shared use of pedestrian and vehicular circulation facilities;
(iv) Shared use of all parking facilities and cross access with all vehicular
use aress; and
(v) Shared maintenance responsibilities for all common areas.
d. Site development. Site development regulations shall incorporate design criteria
required by section 78-48 of this chapter to enhance and protect the health, safety
and general welfare of the city.
e. Nonresidential development. Nonresidential development shall blend into the
landscape, deferring to open spaces, existing natural features and vegetation.
f. Commercial strip development discouraged. Minimum lot sizes and limited
access drives shall be used to reduce the potential for commercial strip develop-
ment. Neighboring properties are encouraged to link their parking lots together
and to share common driveways.
g. Pedestrian amenities. Uses shall contribute to pedestrian-friendly focal spaces
through the provisian of well-designed walking paths, pedestrian spaces with
furnishings, public art, generous plantings, marked crosswalks, and vehicular
parking and circulation areas clearly separated from such pedestrian amenities.
(2) Special.regulations. The city comprehensive plan, including policies 1.1.5.1-1.1.5A,
establish special regulations to guide the growth, development and redevelopment of
the city. These regulations, pertaining to minimum size, gross density, and rezoning
Supp. No. 16 CD78:188.2
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LAND DEVELOPMENT § 78-221
requirements, apply to properties within the PGA Boulevard corridor overlay. Devel-
opment shall only be permitted within the overlay consistent with the objectives and
policies of the comprehensive plan.
(3) Parkway. The portion of PGA Boulevard located between Central Boulevard and the
Beeline Highway has been designated a parkway in the comprehensive plan and on
the future land use map. ,The PGA Boulevard parkway shall have a minimum
right-of-way/easement requirement of 400 feet. This right-of-way/easement shall be
reserved by the abutting landowner or dedicated to the city within the overlay district.
Within this right-of-way/easement sidewalks and pathways shall be provided. These
pedestrian and bike facilities shall be provided as components of the city's linkage
plan, as described in section 78-231.
(4) Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity Farms Road
having frontage on PGA Boulevard shall be subject to the special front setback
requirements listed below.
1. Structures or paved areas for motor vehicles, other than for ingress and
egress, shall not be installed or constructed within 55 feet of the road
right-of-way or future expanded right-of-way, whichever is greater. This
requirement may be varied by the city councii to allow art in public places,
transit stops and pedestrian amenities such as meandering sidewalks,
kiosks, or signage within the setback.
2. The entire area within the required front setback shall be fully grassed and
landscaped consistent with the requirements of division 7 of article V.
3. Within the 400-foot parkway portion of the corridor, if a greenbelt area at
least 55 feet in width is provided, the 55-foot special setback shall not apply.
(e) Rezonings. Every property owner seeking a development order within the PGA Boule-
vard corridor overlay shall rezone the property to a PUD or PCD overlay zoning district.
Property owners of egisting developments shall undertake this rezoning at the tune a
modificataon of existing approval, time extension, site plan amendment, or development order
change is initiated or after suffering damage in excess of 50 percent of the appraised value.
Uses permitted within the PUD or PCD shall conform with the comprehensive plan Iand use
category, the underlying zoning district, and any development order approved by the city
council where not in conflict with the provisions of this overlay.
(fl Boulevard landscape theme and parkway guidelines.
(1) 'I�ee preservation.
a. Vegetation preservation. In an effort to preserve expansive open spaces and
native vegetative communities, development shall be clustered to preserve lazge
areas of open space and the existing natural vegetation sha�l be preserved
whenever possible, except invasive exotic plant species.
Supp. No. 10
CD78:189
§ 7&221
PALM BEACH GA.RDENS CODE
b. Infrastructure design. Infrastructure �esign shall integrate e�cisting trees,
understory vegetation, and the natural character of the land. During construc-
tion, esisting natural vegetation sh$ll be protected by tihe developer's implemen-
tation of best management practices consistent with divisions 4 and ? of article V.
Drainage or elevation changes occurring during infrastructure installation sha4
not adversely impact tree preservation. The greenbelt of the PGA Boulevazd
corridor can be a relocation site for trees and other plants being moved from
adjacent development. After construction, emphasis shall be placed on the
replacement of dead and unhealthy trees and plauts to ensure in perpetuity that
a substantial tree canopy remains.
c. ZYee credits.lYees which have been preserved within the PGA Boulevard corridor
ahall not be credited toward meeting the c�ty�s environmental preservation
requirements unless approved for credit by the growth management director,
consistent with the standards of section 78-250. Retention and detention drain-
age and stormwater control facilities shall not be located within the landscape/
buffer areas of the PGA Boulevard corridor. Existing natural vegetation shall be
maintained or managed with the same standarda set for new landscaping. The
requirement of 100 percent irrigation may be waived by the city council within
large clusters or stands of natural vegetation where it can be demonstrated that
such coverage is not necessary. There shall be no construction within native
vegetation azeas without the city's express approval.
(g) Landscaping therne.
(1) Installation and maintenance. Landscaping shall be installed and maintained consis-
tent with division 7 of article V and the general guidelines in the city's "Landscape
Work Manual."
(2) Materials. Landscaping within the greenbelt shall be free form design using the
following plant list: live oak, slash pine, saw palmetto, wag myrtle, sabal palm,
common grasses, and other materials approved by the department.
(3) Design. Free form design means new trees and shrubs should duplicate natural
patterns with multiple plant sizes, spacing, plant clusters, and single plantings. Grass
shall be planted in all open areas. Mulch shall be used around all trees and plants. The
greenbelt shall have undulating berms, located generally along rights-of-way. Win-
dows or voids in the landscaping, if not in excess of 60 feet, are acceptable for scenic
views of lakes, art in public places, or signage. Nonmountable curbs shall be used to
enaure the installation and preservation of landscape �aterials by separating land-
scape materials from roads or vehicular circulation areas.
(4) Materials and installation. All trees, plants and any other associated landscape or
outdoor material shall be of Florida No. 1, or better, as claseified by the Florida
Department of Agriculture and Consumer Services. All new landscaping ahall be 100
percent irrigated. The water source for irrigation shall be approved by the city prior to
installation. All backflow preventers, electrical boxes, lift stations and any other utility
Supp. No. 10 CD78:190
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LAND DEVELOPMENT § 78-221
structure shall be screened with landscaping. Intersections, entrances, and building
frontage can be enhanced with additional landscaping not listed in this subsection
with site plan approval.
(5) Pathways and sidewalks. Multiuse pathways and sidewalks shall meander around
vegetation and berms throughout the greenbelt. However, sidewalks shall be setback
at least ten feet from the exterior edge of curbing or paving, as determined by the
growth management director. Nature trails may connect to the sidewalks. Pathways
shall be illuminated pursuant to specifications approved during site plan approval. All
landscaping, imgation, berms, sidewalks, and lighting within road rights-of-way shall
be approved by the appropriate jurisdiction.
(6) Maintenance. The responsibility for and cost of maintenance of the greenbelt,
including right-of-way and medians, and buffer areas, shall be the responsibility of the
fronting property owner unless otherwise determined prior to site plan approval.
(7) Corridor landscaping theme. The conceptual landscaping theme is illustrated in
Figure 2. Additional intersection/entrance landscaping, which is required consistent
with division 7 of article V, also shall be installed.
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Figure 2 �.�� ��'R��
(8) Berms. Berming and mounding of the site shall utilize long and gentle slopes. As a
rule, the higher the berm, the gentler the slope shall be. Berms five feet or less in
height shall have a maxiraum slope of 2:1. Berms greater that five feet in height shall
not exceed 3:1 in slope.
Supp. No. 10
cn�s:lsi
§ 78-221
PALM BEACH GARDENS CODE
(9) Fences and walls. Fences and walls shall not be visible from any public rights-of-way.
All fences and walls shall be screened with vegetation from public view.
(10) Buffer areas between uses. Buffera shall be provided between uses consistent with
requirements of this chapter. Natural vegetation and environmentally sensitive
preserve areas, where appropriate, are encouraged to be utilized as bu$ers between
uses.
(11) Parkway and boulevard greenbelt.
a. Vegetation protection. Within parkway rights-of-way or easements, preservation
of all significant vegetation, wetlands, and wildlife habitat shall be encouraged.
The parkway rights-of-way or easements shall serve the functions noted below.
1. Preaervation of aignificant native ecological communities.
2. Location of bicycle and pedestrian circulation paths.
3. Mitigation areas for natural areas disturbed elsewhere.
4. Buffering of adjacent land uses and developments.
b. Design concepts. Consiatent with comprehensive plan policy 1.1.6.5 and the
corridor concept, a boulevard greenbelt including median landscaping shall be
provided to produce the feeling of masses of trees forming green arbors inter-
rupted by occasional views to open spaces and environmentally sensitive ]ands.
As a general design principle, the density of vegetation should increase with the
density of development. Priority should be given to retaining existing natural
resources and mature trees.
c. Perim.eter landscaping. Landscaping along the parcel perimeter and major road
edges shall be installed consistent with the provisions of division 7 of article V.
Interruptions in perimeter landscaping shall be permitted only by access drive-
ways and pathways. Structures or parking areas aze not to be located in this
landscape azea.
d. Pedestrian and bicycle facilities. Pedestrian and bicycle facilities shall be located
throughout the corridor and, wherever possible, shall be located within the
boulevard greenbelt.
e. Median landscaping. Median landscaping shall be provided to continue and
enhance the aesthetics and character of the corridor. Median landscaping shall
meet the requirements listed below.
1. Landscape design, materials and plants shall meet the specifications of
division 7 of article V and approval of the department. The use of flowering
trees, that are consistent with tha overall corridor landscaping theme, is
encouraged.
2. Landscaped areas shall be regularly maintained in a neat, orderly and
healthy appearance consistent with section 78-329.
Supp. No. 30 CD78:I92
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LAND DEVELOPMENT § 78-221
f. Prohibited elements. The following elements are prohibited within the boulevazd
greenbelt: chain-link fences in public view, unfinished concrete or concrete
masonry walls excluding architectural concrete, dumpsters, trash receptacles
excluding city-approved street furniture, artificial plants or turf, decorative or
commercial display objects, visible neon, elements with highly reflective or bright
colored surfaces and other objects which are frivolous, distracting or not in
harmony with the overlay landscape and design goals.
g. ?}ansit stops. �Yansit stops, where applicable, shall be provided by the property
owner within the boulevard greenbelt. These transit stops shall provide a
144-foot taper in and out of the travel lane, on either side of a 12-foot by 50-foot
transit vehicle stall. 77ransit stops shall include accessory structures such as
kiosks, sheltered benches or other features.
(12) Pedestrian and bicycle facilities.
a.
b.
c.
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Facilities. Facilities for bicycles and pedestrians shall be provided along and
within the corridor. These facilities shall be designed consistent with the
standards adopted by the American Association of State Highway and Transpor-
tation Officials or other applicable agency.
Parkway pathway. Within the parkway, a continuous, interconnected pathway at
least 12 feet wide subject to the following:
1. the overall intent to maintain existing native vegetation
2. the overall intent to re-establish native vegetation;
3. to allow pathways to meander within the required 55 feet corridor azea,
provided the pathways are located at least ten feet from the edge of curbing
or pavement, as determined by the growth management director;
4. to generally maintain a pathway located as faz as possible from vehiculaz
traffic; and
5. to allow installation of amenities such as benches, fountains, and arbors
which enhance the pathway. This requirement shall be applied to adjacent
properties not located with the parkway, as permitted by right-of-way and
easement widths, to allow extension of the pathways.
Shade trees. The pathway shall be landscaped with shade trees to provide a
continuous canopy. These shade trees shall be supplemented with ground cover to
provide visual and physical buffers between traffic and pedestrians.
Street furniture. A bench or resting place shall be provided every 800 feet along
the pathway. Every mile, further amenities such as drinking fountains, benches
and shelters or kiosks shall be provided and are encouraged to be supplemented
with small open spaces.
(h) Building design guidelines.
(1) General design.
a. General design. Buildings shall be designed to be compatible with the surround-
ing environment, both manmade and natural. A building shall provide a positive
impact on the sunounding environment.
Supp. No. 10
CD78:193
§ 78-221
PALM BEACH GA,RDENS CO�E
b. vsible facades. All building facades visibie from public rights-of-way and
adjacent propertiea shall be designed to create a harmonious effect with its
surroundings. This should not be construed as creating look-alike buildings.
Harmony shall be achieved through the proper use of scale, proportiona, form,
materials, texture, and color.
c. Unity of character and design. Buildings or structures which are part of an
existing or future complex shall have a unity of character and design.
d. Design chazacter. The design character of buildings shall be such that it is
aesthetically pleasing and without cluttered forms having no apparent system of
organization.
e. Building materials and color. Building materials and color s+election shall achieve
visual order through the consistent use of compatible color palettes.
f. Building elevations. All building elevations ahall be treated equally as if all sides
were the front of the building. This requirement includes but is not limited to
architectural elements, facade treatment, and landscaping.
(2) Identical buildings. Buildings and structures which, in the opinion of the city council,
are identical or similar in design shall not be permitted. This dces not prohibit the
duplication of floor plans and exterior treatments in a planned unit or planned
community development where identical buildings can be used to create an aestheti-
cally pleasing environment. The intent is to prevent the same building form and
elevation repeated from one development to another and to encourage diverse
architectural expressions along the PGA Boulevard corridor.
(3) 'IYademark forms and colors. Buildings and structures which use trademark or
symbolic forms and colors and which have a negative impact on the visual environment
of the ar�a, as deterrained by the city council, shall not be permitted.
(4) Architectural detail. Architectural design shall prohibit large e$panses of blank walls
with limited or no windows or architectural embellishments.
(6) R,00f overhangs. Unless specifically designed otherwise, roof overhangs including
mansazd roof overhangs shall wrap around the building so that there is visual
continuity around the entire building.
(6) Mechanical equipment screening. The highest portion of inechanical equipment, such
as backflow preventers, meters and valves for public utilities operations, satellite
antennas, heating and ventilating, air-conditioning, or other utility hardware on roofs,
ground, or buildings shal] be installed at or below the lowest elevation or level of
screening materials. Materials used for screening purposes shall be compatible with
the architectural style, color, and materials of the principal building. This equipment
shall be located so as not to be visible from any street or adjoining progerCy: Landscape
screening must include a dense planting or earth berming or both, as established in
sections 7&313 and 78-314.
Supp. No. 10 CD78:194
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LAND DEVELOPMENT § 78-221
(7) Gutters and down spouts. Gutters and down spouts shall be painted to match the
surface to which they are attached. Gutters and down spouts may, however, be painted
in such a way so as to become a design element if the color is consistent with the color
scheme of the building.
(8) Service yards, storage yards, and loading docks. All refuse and waste containers,
recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service
yards, storage yards, and loading docks shall be located in the rear or side yard. All
such service equipment and service areas shall be screened from view from any street
or ac�joining property by means of a wall, landscaping, or other methods approved by
the city council.
(9) Shopping carts. If shopping carts are permitted, shopping cart corrals shall be
required, subject to the standards listed below.
a.
b.
c.
Screening. Outdoor cart storage areas shall be screened from view by means of a
wall, substantial landscaping or other methods approved by the city council.
Materials. The corrals shall be constructed of solid walls, and constructed of
materials compatible with the primary structure.
Landscaping. Shopping cart corrals shall be landscaped in a manner compatible
with the overall landscape theme.
d. Operations. Shopping carts shall not be allowed to accumulate in any outside
area, including parking lots and loading areas, and shall be removed from cart
corrals in a timely manner and relocated to storage areas.
(10) Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings,
grouped under a kiosk, or individually freestanding. In all cases, the design and
installation of mailboxes shall comply with the standards listed below.
a.
C•�
Approval. Mail boxes shall be approved by the city council and the U.S. Postal
Service as to size, type, and location.
Design and landscaping. Mail boxes shall be landscaped consistent with and
architecturaliy compatible to the development.
(11) Satellite dishes. Satellite dishes may be installed in any zoning district, provided the
dishes are not visible from any street, and the color is compatible with the surrounding
environment. Communication equipment, such as dishes and antennas, is encouraged
to be accommodated during the planning phase of a project.
(12) 1�lephones, vending machines, newspaper racks, etc. All public telephones, vending
machines, newspaper racks, and facilities dispensing merchandise or services on
private property shall be enclosed within a building, enclosed within a structure,
attached to a building, or enclosed in a separate area. Attached and freestanding
buildings shall be landscaped consistent with and architecturally compatible to the
principal structure.
Supp. No. 16
CD78:195
§ 78-221 PALM BEACH GARDENS CODE
(i) Un�lerground utilities. All new, reconstructed, or relocated utilities within the PGA
Boulevard corridor occurring as a result of development, including but not limited to electric,
telephone and television cable utilitiea ahall be placed underground. Costs for underground
inatallation shall be borne by the developer.
(j) Signage and lighting standards.
(1) Signage. All signage proposed shall meet the requirements of division 6 of article V
unless restricted further herein.
(2) Building lighting. Builcling lighting shall be installed consistent with the standards
listed in section 78-182.
(k) Accesslentry drives.
(1) Limited acceas. Access, including curb cuts, median openings, signalization, or entry
drives shall, at a minimum, be limited to state department of transportation or Palm
Beach County controlled access criteria. The city engineer may provide additional
standarda or criteria to limit access within the corridor.
(2) Shared access. Parcels and adjacent developments shall be encouraged to ahare access.
This ahall be accomplished through shared access agreements, service roads, or other
means approved by the city engineer.
(Ord. No. 17-2000, § 105, 7-20-00; Ord. No. 18-2004, § 2, 8-5-04)
Secs. 78-222-78-224. Reserved.
DIVISION 3. NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT*
Sec. 78•226. General proviaions.
(a) Purpose and intent. The purpose and intent of the Northlake Boulevard Overlay Zoning
District (NBOZ) is to implement the objectives of the Northlake Boulevard Corridor Concep-
tual Streetscape Plan adopted by the Northlake Boulevard Corridor Task Force. These
objectives include:
(1} Redevelopment of the corridor in order to build community pride, retain and attract
commercial activity, and improve the area's economic condition.
(2) Reinforcement of the unique opportunities and long-term stability of the corridor by
the implementation of urban design guidelines for future development.
(3) Improvement of signage along the corridor.
(4) Initiation of design improvements for the community through the implementation of
the proposed design guidelines.
*Editor's note—Ord. No. 30-2002, § 2, adopted Sept. 4, 2002, provided for the inclusion of
a new ch. 78, art. V, div. 3 to read as herein set out. All subsequent divisions of article V, being
divs. 3-13, have been renumbered as divs. 4-14. See the Code Comparative Table.
Supp. No. 16 CD78:196
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Date Prepared: June 7, 2006
ORDINANCE 25, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING SECTION 78-221,
ENTITLED "PGA BOULEVARD CORRIDOR OVERLAY" OF THE
CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Chapter 78 "Land Development Regulations"
of the City Code of Ordinances, which includes Section 78-221 entitled "PGA Boulevard
Corridor Overlay," on July 20, 2000, with the adoption of Ordinance 17, 2000; and
WHEREAS, PGA Boulevard is defined as the City's "Main Street" in Policy 1.1.6.5
of the City's Comprehensive Plan and therefore is of special interest and concern to the
City; and
WHEREAS, Section 78-221 provides for the regulation of uses within the overlay
and the boundaries thereof; and
WHEREAS, the City Council has determined that it is necessary to amend Section
78-221 to provide for revisions to the list of permitted and prohibited uses within the
overlay, site development guidelines, and the boundaries thereof; and
WHEREAS, this Land Development Regulations amendment petition (LDR-03-06)
was reviewed by the Planning, Zoning and Appeals Board as the duly constituted Land
Development Regulations Commission at a public hearing on August 8, 2006, which
recommended its approval by a vote of _-_; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-221 entitled "PGA Boulevard Corridor Overlay" of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows (deleted language is �i ; new language is underlined):
Section 78-221. PGA Boulevard Corridor Overlay.
(a) Scope. The planning and design regulations established in this division shall apply
to all lands within the PGA Boulevard corridor overlay.
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Date Prepared: June 7, 2006
Ordinance 25, 2006
(c) Applicability and Effects.
(1) Applicability.
(b) Existing approvals. While existing development and approvals granted prior to
August 18, 1994, are not required to comply with the standards of this division, any
maior amendments to previous approvals, or any redevelopment e�-de�elepr�e�
shall conform with these regulations. Further, an unbuilt phase of an approved
development, which phase has a valid site plan approval as of (date of adoption of
Ordinance 25, 2006), is not required to conform to the new standards of Ordinance
25. 2006.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands
fronting or abutting PGA Boulevard, including access drives, for a depth of 1,000
feet from the edge of right-of-way, within the city limits. If a PUD fronts or abuts
PGA Boulevard and any portion is within 1,000 feet from the edqe of right-of-way,
then all parcels within said PUD shall be included in the overlav reqardless of
property depth. All non-residential components of a PCD that front or abut PGA
Boulevard shall be included within the boundaries of the PGA Boulevard Corridor
Overlay reqardless of the depth of the parcel.
(d) Site development guidelines.
(1) District Uses.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
Permitted uses shall consist of the following:
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Date Prepared: June 7, 2006
Ordinance 25, 2006
(iii) Personal services fhat are not wholesale or discount in nafure: bank/financial
institution (drive-thru lanes shall not face PGA Boulevard); banquet facility*;
beauty salon (excluding stand-alone nail salons); catering service*;
commercial marinas (waterfront only); convenience stores and auto service
stations with qas sales** that existed prior to (date of Ordinance 25,
2006 ***; da s a; d cleanin
�_ y p ry g( ; pick-up and
drop-off only); photo studio and processing; picture framing; studio*
(instructional or professional); and travel agency.
(vii) Specialty retail uses that are not wholesale or discount in nature: antique
shop; appliance and/or electronics store; art gallery, museum, and/or studio;
bakery; bookstore; bridal/formalwear store; camera and photography sales
and service; candy, nuts, and confectionary sales; card store; clothing store;
department store (specialty or full line); drug store (drive-thru lanes shall not
face PGA Boulevard (� , provided stand-alone drug stores do not
front upon PGA Boulevard; floral or florist shop; furniture store; gift shop;
grocery store (specialty); ice cream shop; interior design (including sales);
houseware sales; jewelry store (including repair of jewelry and clocks);
leather goods and luggage store; music and musical instrument sales; news
and magazine sales; office equipment sales; optical retail sales; pottery
shop; restaurant (no drive-thru; no exterior take-out windows); shoe store;
sporting goods sales; telecommunication equipment sales (for personaf use
only); tobacco shop; toy store; and video and video game rental and sales.
28 *** Convenience stores and auto service stations with accessorv qas sales
29 that existed prior to (date of Ordinance 25, 2006) shall be permitted to
30 expand its use provided said use does not result in an overall traffic impact
31 and/or an expansion of the existing land area of the site. Further, auto
32 service stations with qas sales shall be permitted to change said use to a
33 convenience store with qas sales.
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3. Prohibited uses shall consist of those prohibited uses in the underlying
zoning district, as well as auto, recreational vehicle, truck, and similar vehicle
sales, storage, and repair; wholesale, discount, and outlet stores; self
storage buildings that directiv front upon PGA Boulevard, outdoor self-
storaqe; stores having a building footprint in excess of 40,000 square feet;
single-entity retail establishments, unless otherwise provided in this division;
intense commercial and industrial activities characteristic of the CG-2 and M-
2 districts; mobile home parks; and drive-in facilities unless as an accessory
use to a bank or druq store.
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Date Prepared: June 7, 2006
Ordinance 25, 2006
4. The Citv Council shall have the discretion to approve, as a maior conditional
use, an additional use that is not specifically listed herein as permitted or
prohibited, if the use is consistent with the spirit and intent of the overlay.
(4) Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity
Farms Road having frontage on PGA Boulevard shall be subject to
the special front setback requirements listed below.
1. Structures or paved areas for motor vehicles, other than for ingress
and egress, shall not be installed or constructed within 55 feet of the
road right-of-way or future expanded right-of-way, whichever is
greater. This requirement may be varied by the City Council to allow
for art in public places, transit stops, a�d pedestrian amenities such
as meandering sidewalks, kiosks, or signage within the setback, and
outdoor seating with or without service for restaurants. Outdoor
seatinq for restaurants shall be located north of the public sidewalk
on the north side of PGA Boulevard and south of the public sidewalk
on the south side of PGA Boulevard. At no time shall outdoor seatinq
for restaurants encumber the public sidewalk.
(e) Rezonings. Every property owner seeking a development order within the PGA
Boulevard corridor overlay shall rezone the property to a PUD or PCD overlay
zoning district. Property owners of existing developments shall undertake this
rezoning at the time a maior amendment �ae�+#isa�ie� of an existing approval, time
extension, or maior site plan amendment, is initiated
or after suffering damage in excess of 50 percent of the appraised value. Uses
permitted within the PUD or PCD shall conform with the comprehensive plan land
use category, the underlying zoning district, and any development order approved
by the city council where not in conflict with the provisions of this overlay.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
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PASSED this day of
PASSED AND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R.Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
Date Prepared: June 7, 2006
Ordinance 25, 2006
, 2006, upon first reading.
day of , 2006, upon second
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Mixed use projecl 150.000 sq ft. ol retell. prdlnance 4a. 2004
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220 sirigle femily unils Resolul�ion 196. 2004
h7ixetl-use projecl'. 225 resitlenl�ial un�iis
64,i533 sq. it ol Borlantl CenterrCnurch. Ord�inance 13. 2004
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Rasolutian 114. 2005
Ordinance IB.2005
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Remlulion 84. 2005
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Resol�l�ion 175. 2�05
10.b0U sq �I Commerciel. 260 Mulidamlly Ordinance 32. 2005
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BB �, . , �_ � � � �ind�sirial space. �indutles 42.000 sq It o1 Resolulion 166, 2005 December 31. 2008
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PLANNING, ZONING AND APPEALS BOARD
• REGULAR MEETING
July 25, 2006
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Chair Craig Kunkle at 6:37 P.M. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the Flag.
REPORT BY INTERIM GROWTH MANAGEMENT DIRECTOR
Dan Clark, Interim Growth Management Director, announced Kara Irwin had been selected
to be the permanent Growth Management Administrator effective next Monday, and he
would continue in his position as City Engineer. Mr. Clark announced that the City Council
approved the Cimarron Cove PCD, the residential project, the Gardens Medical Center
Helistop, and the code change far public meeting notices. He also announced that the City
Council denied the South Hampton PCD.
Mr. Clark called attention to the statement on the previous meeting minutes at the bottom of
the signature page stating Note: These summary niinutes are prepared in compliance with
• 286.011 F.S. and are not verbatim transcYipts of the �neeting. A verbatim audio record is
available from the O�ce of the City Clerk, and explained that this would address previous
conversations regarding the format of the mmutes.
�
APPROVAL OF MINUTES
Mr. Hansen made a motion to approve the minutes of the June 27, 2006 meeting as
submitted. Mr. Present seconded the motion, which carried by unanimous 7-0 vote.
Mr. Present made a motion to approve the minutes of the July 11, 2006 meeting as submitted.
Mr. Rubins seconded the motion, which carried by unanimous 7-0 vote.
ROLL CALL:
Debbie Andrea, Recording Coordinator for the meeting, called the roll for the Planning,
Zoning and Appeals Board:
Present
Chair Craig Kunkle
Vice Chair Barry Present
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
Joy Hecht (lst Alt.)
Absent
Amir Kanel (2"d Alt.)
•
�
u
Planning, Zoning, and Appeals Board Meeting Minutes
July 25, 2006
Page 2
Recommendation to Citv Council:
Petition MISC-06-06-14: Legacv Place — Amendment to the Develanment Order of
LeQacv Place PCD to eliminate Conditions #22 throu�h #26 ofResolution I29, 2004
Recommendation to City Council: A Request by Marty Minor, agent for Sembler Family
Partnership #31, Ltd. for approval of an amendment to the development order of the Legacy
Place Planned Community Development (PCD) to delete Conditions #22 through #26 of
Resolution 129, 20�4, to remove all requirements assoczated with shared parking. The
Legacy Place PCD is located at the southeast corner of PGA Boulevard and Alternate AIA,
and is approximately 48.51 acres in size.
Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair
Kunkle declared the public hearing closed.
Mr. Solomon recommended deleting only the first sentence in Condition 24 and a parking
study every 36 or 48 months until it was seen that the parking had settled down.
Marty Minor provided a presentation on behalf of the petitioner. Mr. Sanchez explained the
shared parking provision and that including conditions to meet straight code for parking,
would require this applicant to comply over and above what was normally done for other
projects. During comments from the board it was confirmed that having to provide surety
was an expense to the petitioner, and the petitioner had the ability to add vertical parking in
the future.
MOTION:
Mr. Solomon made a motion to recommend to City Council, approval of Petition
MISC-06-06-14 with the staff report and staff comments. Mr. Rubins seconded the
motion, which carried by unanimous 7-0 vote.
Public Hearin� and Recommendation to Citv Council:
Petition LDR-06-06-0OOOOb: Code Amendment to Section 78-�82 Li�htin� Re�ulations
Ordinance 26, 2006
Public Hearing & Recommendati�n to City Couneil: A City-initiated request for approval
of a text amendment to Section 78-I82, entitled "Illumination of uses and buildings'; Code
of ONdinances. This City Code amendmerit provides for the approval of changes to exte�ior
lighting standards
Mr. Clark introduced new Senior Planner Stephen Mayer and new Principal Planner Todd
Miller.
Mr. Mayer presented the staff report. Suggestions by the board included adding provisions
for solar lighting, allowing an architect to provide certification, making designers aware that
neon could be handled through a waiver, removing the word "garish", and that waivers be
given in cases wl�ere minimum standards were not met due to natural enhancements which
lessened the need for electric power . Staff clariiied that that lighting could be strictly for
Planning, Zoning, and Appeals Board Meeting Minutes
July 25, 2006
Page 3
• aesthetics and that 50% or more improvements to an existing project would trigger
compliance. In response to Mr. Solornon's concern that the current extent of non-conformity
needed to be known, staff responded the intent was to address sites the Police Department
felt were unsafe and a crime concern.
Chair Kunkle declared the public hearing open. Vito DeFrancesco advised this code was
being rewritten mainly for Mr. Channing, who had outlined his buildings at the Commons
with string lights, and had been found in violation by the Special Master. Mr. DeFrancesco
advised this would change the PGA overlay and indicated he was upset over so many liquor
licenses. He also commented this would change seasonal lighting to accent lighting, and
suggested looking at the Lake Park code. Joel Channing clarified the situation regarding the
building lighting at the Commons, and thanked Mr. DeFrancesco for his comment that the
lighting was only allowed for 90 days since that had triggered research of the code and it was
found the 90-day limit was only for building lights, but lights on the trees could be year-
round, so that was what they were now doing. Hearing no further comments from the public,
Chair Kunkle declared the public hearing closed.
MOTION:
Mr. Hanson made a motion to recommend to City Council, approval of Petition LDR-
06-06-000006 with one change to page 10 Item K: that architects also be allowed to
provide certification that the installation had been field checked and met specifications
• set forth on the approved photometric plan. Mr. Solomon seconded the motion, which
carried by unanimous 7-0 vote.
Public Workshop:
Petition PUD-04-20, CP-04-12 and AX-04-02 — Frenchman's C�ossin�
Public Workshop: A petition of the City of Palm Beach Gardens, Florida regarding the
Frenchrr�an's Crossing Planned Unit Development annexation, comprehensive plan
amendment, and master site plan to allow the development of a Mi.xed Use Development
consisting of 9,916 squaNe feet of retail space, 6, 600 squar�e feet of restaurant space, 13,276
square feet of office space, and 74 dwelling units on an approximately 10-acre site,
generally located at the northwest corner of Hood Road and Alternate AIA, as more
paNticularly described herein. �
Jennifer Morton, Land Design South, provided a presentation on behalf of the applicant.
Suggestions from the board were to add more delineation and 3-dimensional massing on all
sides of the buildings, increase landscaping next to the commercial building, look at locations
of air conditioning condensing units from a noise standpoint, make actual balconies, buffer
along the railroad tracks, add service for the restaurant, address the lot behind the commercial
building, use this first infill project as a model, and establish the target market for workforce
housing. Concern was expressed regarding the density of the project, width of driveways,
number of waivers, and the name of the project. Other concerns included the curved roofline
• on the southern building, and lack of detail on the gazebo and arbor.
Planning, Zoning, and Appeals Board Meeting Minutes
July 25, 2006
Page 4
• Chair Kunkle declared the public hearing open. Tom Delprete, resident of Evergrene, asked
about outdoor dining, trash pickup, dumpster locations, and noise level from air conditioning
units, and lighting, and indicated it would be nice to have the existing fence replaced with a
wall. Ms. Morton commented the project had received a letter of support from Evergrene.
Carolyn Chaplik, Hudson Bay Drive, expressed concern regarding density, widening the
canal, maintenance for Hood Road, stacking at the railroad, the proposed curb cut, and the
short driveways. John Chaplik, Hudson Bay Drive, expressed concern regarding density, lack
of access from Alternate AlA, and future major traffic problems from Scripps. There were
no further comments from the public. The applicant was advised that the drawings were very
difficult to read.
Public Workshop:
Petition PUD-03-04: Double Tree PUD
Public Workshop: A petition of the City of Palm Beach Gardens, Florida regarding an
amendment to the Doubletree Planned Unit Development (PUD), which is requested by
Marty R.A. Minor of Urban Design Studio, on behalf of E& JProperties LLC and Amstar
Texas Pool. This request is for development approval of the S.S-acre northern site located
within the 13.46-acre �ouble Tree PUD consisting of 154,191 square feet of self-storage
and a 12,900 square foot pharmacy with two drive-thru lanes The Double Tree PUD is
located at the northeast corner of PGA Boulevard and Military Trai�
� Marty Minor, Urban Design Studio, provided a presentation of the project. Concerns
expressed by the board were the extra sign waivers for CVS Pharmacy, the project work with
the PGA overlay, that asking for a waiver because it had been granted elsewhere was not
justification, ensure mechanical equipment would not be visible, provide a rendering better
depicting the architecture, and preserve trees where possible. Staff confirmed in the revisions
proposed for the PGA overlay that self-storage would be prohibited, a drive thru for any drug
stores would be allowed in the rear, and the number of drug stores would be limited. Staff
also indicted that a similar use might be allowed elsewhere. An elevation from PGA was
requested.
Chair Kunkle called for comments from the public. Carolyn Chaplik, Hudson Bay Drive,
indicated she liked the way the self storage building looked, but asked if the uses worked
together, if there would be a Pharmacy at every corner, and if the CVS Pharmacy would get
enough traffic to survive.
OLD BUSINESS
There was no old business to come before the board.
NEW BUSINESS
There was no new business to come before the board.
•
Planning, Zoning, and Appeals Board Meeting Minutes
July 25, 2006
Page 5
• ADJOURNMENTP
There being no further business, the meeting was adjourned at 9:26 p.m. The next regular
meeting will be held August 8, 2006.
APPROVED:
•
Craig Kunkle, Jr., Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
Douglas Pennell
Michael Panczak
Jonathan Rubins
Joy Hecht
Amir Kanel
Debbie Andrea, Recording Coordinator for the Meeting
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
•