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HomeMy WebLinkAboutAgenda PZAB 080806p , d..a4'. "1T . . R!u. �::.. ..'�' .+�,�� �-�; ;; �, i�" `,�; �:�l=9i�' }IUi 'ci! 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. � 1 am a r a n ��- � i i' � f I�' i 1 � t �'y� � i � . _ _.. . - ..�ti� , � �� � �,�� � � � ,: 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 ����������, � �������in� 1���� ����:�°���;pa�� I` i� i � � � { � i, � � i ` { � � � I 4 ���.����g �; Zong�� ���� 1����i�g S��edu�� l��P��� �� Co�n�lissflo�e�°� 1�����n� t�gene�� S��.f� �.�por�� ���:� ��:�����n���s �e���d %�° �l�e �'a�������:���� '��o�������.�� �la� 1��.� �i ��nc������ '����r��g��'a�°� I���.� Off�cial Zo�ing l�Ia� �u���°� �and �Js� 1���� l�a,y��° �r�ject l�✓Ia� �'Cease Ceave tFi,e 6Cue 6inc�ers in the C�za.m6�rs far_��.tu��e rrzeetir�s ?reank yaze, Grawth 9►Ranagement � ; � � , ; � ,i �. ! �� i� i� , i r 'i ; � �`�- PLANNING & ZONING COMMISSION PowerPoix�t Disc Instruction Instructions for Running Your PowerPoint Disc {R��;ar�dles� if v�t� cl,, r�<�E r;, :�,�• dr�n't� ������-�� �r����t���P«aqe�� 1) Load onto your computer the CD-ROM Disc 2) Go to "My Computer" and Double Click on Disc lcon, CD-Drive 3) Double Click on application pngsetup 4) At Destination Folder �� ��=��c: c:Apz 5) When the dialogue box says it does not exist, do you want to create one? Say Yes 6) When the dialogue box says do you want to run it? Say Yes a) If your operating system does not ask this: 1) Go back to "My Computer" 2) Go to c:\pz 3) Look for the icon with glasses G�' then double click 4) Pick the PowerPoint you want to view 7) When PowerPoint presentation loads, hit Enter to go through it 8) Hit Escape to skip to next petition 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 S M T W T F S 1'2� 3 4 5 6 7 L`Mr 8 9 I � I 11 � f. 13 14 15 �16'� 17 18 19 20 21 ..�`,r, 22 23 '-t 25 _'�� 27 28 29 30 31 May S M T W T F S 1 2 3 4 5 6 7 8 �� 10 t� 12 13 14 15 16 17 18 19 20 21 22 �� 24 �� 26 27 1 r'�1 28 �29� 30 31 September S M T W T F S 1 2 3 �4��' S 6 ? 8 9 10 lll I? 13 1-! 15 16 17 18 19 20 2l 22 23 24 25 '_�� 27 ��� 29 30 February S M T W T F S 1 2 3 4 5 6 7 8 �l 10 11 12 13 1-1 15 16 17 18 19 20 21 22 ?3 24 25 26 27 ?�; June S M T W T F S 1 2 3 4 5 6 7 S 9 10 11 12 I? 14 IS 16 17 18 19 20 21 �2 23 24 25 26 �7 28 29 30 October S M T W T F S 1 2 3 4 5 6 7 8 9 N(► 11 1? 13 14 15 16 17 18 19 20 21 22 23 2-t 25 ?�� 27 28 29 30 31 � 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 S M T W T F S 1 2 3 4 5 6 7 8 �> 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 25 26 27 ?� 29 30 31 July S M T W T F S 1 2 3•:� ,4� ; 5 6 7 8 ' S �1ti.I 9 10 I 1 12 I:� 14 15 16 17 18 19 20 21 22 23 24 ?� 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 '� 10 11 12 13 1-t 15 16 17 18 19 20 21 22 � 24 25 26 27 ZK 29 30 April S M T W T F S 1 2 3 4 5 6 7 8 9 10 il 12 It 14 15 16 17 18 19 20 21 22 23 24 ?� 26 '_% 28 29 30 August S M T W T F S 1 2 3 4 5 6 7 � 9 in 11 12 13 14 15 16 17 18 19 20 21 ?? 23 :a.! 25 26 27 28 29 30 31 December S M T W T F S 1 2 3 4 � 6 7 8 9 10 11 I? 13 0�� 15 16 17 18 19 20 2l 22 23 24 25 ?�► 27 ',� 29 30 t.�.r 31 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 ��wx � ; ��-"" +�.� �_T�.I-�r�� �!\ ',.��;' -' ���: ::;►:, . ��y1-' ..%t • • 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 �� • • 1,:;.,L__ ; A Filin6�atliLeNen� � ;��i�Ni�l � _ "�: ��� ti `� � �� ,,� . 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. • � 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. � U 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. 7 •1 2 3 4 5 6 7 9 10 11 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 15 16 17 18 19 20 21 22 �4 ZS 26 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: 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • 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. *«« (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: ', 2 , , , 3 . , 4 , 5 . 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. 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 • 46 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 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 l7 18 19 20 21 22 •23 24 2$ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 • 46 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. ' = - - - -_. ._. _ . � ■ • � 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. *** •1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 •l4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 •46 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 ✓ � —� AGAINST ABSENT ✓ G:�attorney_share\ORDINANCES�pga blvd corr overlay use regulations - ord 18 2004-as amended at second reading.doc 4 i/_ i CJ • • § 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 r' " �� ` f� � � 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 , �, .1 § 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$ � I � >`� � 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. 6. 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 � J 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 � y �� 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. ��.-- = =—� 1 � O �� � �.... w.o. � �,m .�.�. �. ..�,� �.,.� '.',��4'��', , �..,�,�. a,,,a �...�.,.�., .,.., M....tiC„DC�.,r D�►TIq'�tl�iAMAI 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 � 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. � 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 � �� � 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 � ' � 1 � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 � 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 � 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. 1 � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 � 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 � 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: 2 � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 � 26 27 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. 34 35 36 37 38 39 40 41 42 43 44 45 � 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. 3 1 � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 � 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 � 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. 0 1 � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 • 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. 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Retall Pro ecl 131.039 fl Releil Butltlin RasolNlon 135. 2004 Decem�ar 31. 2006 rJ.�r�I���..Yri .S�i �, i� . �. ., 1 59 9 � ,�.�, � �,.��.,, �.., ���q�� � Mixed Usa Developmenl' 69.000 SF oHice. Rewlulion 129. 2004 Dacember 31. 2007 399,000 SF rateil Mixetl Use tlevelopmenl�. 47.200 sq fl OHica R +,�� �. �., .?�,'.,, � in.i!, Spece. 15.075 sq fl Cammerc�ial. 17.550 sq fl Resolutwn 277. 2004 December 31. 200� h1e7�icel use, 2.500 sq II Financ�ial use Ordinance 43, 2004 Mixed use projecl 150.000 sq ft. ol retell. prdlnance 4a. 2004 $ ..,, ��.i,�n ::F��t.�� I°,+�• ^'. •.�+i 100.000 sq ft of oHite. antl 50,000 sq fl ol Resolu��ion 21fi, 2004 Decamber 31, 2007 industnal T ,�.,, , � .. ..i ..�, MIxBd Use Project: 249 mWli-fam�ily uni�s. Ordlnance 39. 2004 DecamOer 31, 2007 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 �J '.�. ' . ...�.•'n��n�,;�iii 64.026Releli,199SO5qtIRe5lauran1.10,900 Resolulion92,2004 DecemDer31.2007 sq N Professronel Otflce Pro(essional OHice Builtlings V .� .,.i ,.,�,i _o:ilro BUiltling 1� 1 slory. 10.050 sq fl Office Rasolulion 78. 2004 BuAtl�ing 2 2 sbry. 18. 232 sq it Ottice W ii��ersily tAltl Phase II - 9.455 sp tl Med�ical Office Use Resolulion 115, 2005 x .�+������inr�n,�.�.���t>:".�-..� 2d,932sqltProtessionelofficespace Ordinanca29_2006 Rasolutian 114. 2005 Ordinance IB.2005 .ii�i, �.. 15],358SFex Ordinence19.2005 Y ., r�sl �-ei:.,.;v.,,�i � pansion. 20 acres Resolulion 83 2005 December 31.2006 Remlulion 84. 2005 2 150.000 sq I� Prolessronal o�fice Ortlinance 37, 2005 December 31. 2000 Resol�l�ion 175. 2�05 10.b0U sq �I Commerciel. 260 Mulidamlly Ordinance 32. 2005 AA � �� ^ �� u��ns Resoweon isz. mos Rewlution 162. 2005 240.00� sq. f1. of off�ice and 600.000 sq ft oi Ortl�inence 34, 2005 BB �, . , �_ � � � �ind�sirial space. �indutles 42.000 sq It o1 Resolulion 166, 2005 December 31. 2008 commercial CC ���� �� -- -�' �� '<16 Contlominium unils. 29 Town nomes Resolution 44. 2006 December 31. 2009 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. •