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HomeMy WebLinkAboutAgenda P&Z 021307RCA CENTER II Of FLORIDA, LLC 4300 MUM Way Palm Reach Bardens, FL 3310 ide�llont [5611 SK-8835 Fax: 156D 681-5203 Via E -mail February 13, 2007 Ms. Kara Irwin Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: ORDINANCE 8, 2007 PGA PROFESSIONAL & DESIGN CENTER (PARCEL 5B) Dear Ms. Irwin_ Please accept this letter as our formal objection to Ordinance 38, 2007 and the height restrictions being proposed for residential buildings within AM zoning'districts. It is my understanding that the subject Ordinance was intended to represent a response to the Height Visioning Workshop held on October 25 and November 1, however, the goals of document are far different than the results of the public meetings. Specifically, my concern is Region 1 (1 -95 and PGA Blvd.) where there was consensus that taller buildings were appropriate for this area as long as they were sensitive to any single family areas. This Ordinance further restricts height for residential buildings throughout the City without evaluating its appropriateness in specific areas. Proposed section 78 -184 (4) states that no residential building shall exceed 4 stories or 56' in MXD Zoning districts and any change to this section requires a vote of at least four City Council members. The Comprehensive Plan already restricts residential buildings to 4 stories for properties such as the PGA Professional and Design Center (Parcel 5B), which has a MXD Land Use designation. Any increase in the number of stories would require a Comprehensive PIan amendment which would be reviewed and approved by both the City and the State. The addition of the language requiring a super - majority vote to increase the height in these districts is over - restrictive and does not allow for future flexibility _for certain unique sites within the City. The findings of Height Visioning Workshop did not suggest further limitations on height in all areas but rather suggested where increased height may be suitable. The proposed Ordinance 8, 2007 Page 2 of 2 Ordinance should not apply to parcels such as Parcel 513, as the height for this parcel should be evaluated on a number of factors: Unique Site Characteristics (near I -95, PGA Flyover & FEC Railroad) Compatibility with the surrounding Development Pattern (height of buildings in and around the project) Affect on Neighboring Properties (lack of adjacent single family homes) Special Goals (Bioscience Incentives, Workforce Housing and/or Transit - Oriented Development in conjunction with Tri-Rail) I would like to request that the proposed Ordinance be modified in such a manner so that the additional height restrictions do not apply to Parcel 5B. Should you have any questions, or require additional information, please do not hesitate to contact me. Sincerely, Jeffery P. Marshall Vice President Land Development Catalfumo Construction & Development,. Inc., Agent • MEMORANDUM DATE: February 13, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, February 13, 2007 - 6:30 P.1VL Enclosed is the agenda containing the items to be i presented on Tuesday, February 13, 2007. 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. i C�Y ten, F Kara Irwin, AICP Growth Management Administrator AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, February 13, 2007, AT 6:30 P.M. COUNCIL CHAMBERS. • CALL TO ORDER • PLEDGE OF ALLEGIANCE • REPORT BY THE GROWTH MANAGEMENT; ADMINISTRATOR: KARA IRWIN • APPROVAL OF MINUTES: January 9, 2007 January .23, 2007 PLANNING, ZONING AND APPEALS BOARD -t Regular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen. Dennis Solomon Michael Panczak Jonathan D. Rubins �J Alternates: Joy Hecht (1St Alt.) Amir Kanel'(2nd Alt.) Planning, Zoning and Appeals Board February 13, 2007 • Ex Parte Communication (Public Hearing) (Quasi Judicial) 1. PUD- 04 -03: Legends at the Gardens MXD PUD Amendment Public Hearing & Recommendation to City Council: A request by Don Hearing of Cotleur & Hearing, on behalf of Joel Prince, to allow for a major conditional use for a drugstore and an amendment to the Legends at the Gardens Mixed -Use Planned Unit Development (PUD). The applicant is proposing to amend the master site plan to allow for the development of a 14,729 square -foot drugstore building (Walgreens) and an 11,200 square - foot general office building on an approximately 3.82 -acre site. The 21.72 - acre subject PUD is located at the southwest corner of the intersection of Central Boulevard and Donald Ross Road. Project Manager: Richard Marrero, Planner nnan-erona pb tt l.com (799 -4219) 2. Ex Parte Communication (Public Hearing) (Legislative) LDRA- 01 -12: Amendment to the Land Development Regulations Relating to Height Restrictions Recommendation to City Council /Public Hearing: A City- initiated request to amend the Palm Beach Gardens Land Development Regulations providing limitations to height waivers for single - family and multi - family residential buildings.. Project Manager: Kara Irwin, Growth Management Administrator• kirwin @pbgfl.com (799 -4242) 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26. persons with disabilities heeding special accommodations to participate in this proceeding should contact the City Clerk's Office, no later thdn five days prior to the proceeding, at telephone number (561) 799 -4120 for assistance: hearing impaired, telephone the Florida -Relay Service Numbers (800),955-8771 (TDD) or (800) 955 -8770 (VOICE), for assistance. 6(a person decides to appeal any decision made by the planning. Zoning and Appeals Board, Local Planning Agency. or Land Development Regulations Commission, with respect to any matter considered at such meeting .or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbdtim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and /or si&vey for the cases may be obtained from the files in the Growth Management Department. Common /pz agenda 2- 13- 07.doe • 2 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING January 9, 2007 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 6:30 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. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: Mr. Talal Benothman requested the last item on the ROLL CALL: Debbie Andrea, Public Information Coordinator Appeals Board: the front. the roll:;.for the PI ng and JUA-r Chair Kunkle reported hehad met with:._the applicant on agenda items 6 and 7. Mr. Hansen reported he;had met with 'Donaldson Hearing. Mr. Kanel reported he had spoken with Growth Management Administrator Kara Irwin regarding agenda item 1. All those intending ?;to offer testimony in tonight's cases were sworn in. Chair Kunkle announced'the applicant had requested a continuance for agenda item 7, PUD - 04-03: Legends at'` the Gardens MXD PUD Amendment; Public Hearing & Recommendation to City Council. Chair Kunkle declared the public hearing open. Charles Christo, Bonsai Circle, Legends at the Gardens, expressed concern regarding ingress and egress and signage on behalf of their community. There were no further comments from the public. MOTION: Mr. Pennell made a motion to continue the public hearing for PUD- 04 -03: Legends at the Gardens MXD PUD Amendment to a date certain of February 13, 2007. The motion was seconded and carried by unanimous 7 -0 vote. Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 2 • Public Hearing and Recommendation to City Council. Ex Parte Communication (Public Hearing) 1. Petition PPUD- 06 -12- 000012: Redevelopment of Palm Beach Gardens High School A request by the School District of Palm Beach County for rezoning from Public or Institutional zoning with a Major Conditional Use Overlay to Public or Institutional zoning with a Major Conditional Use and a Planned Unit Development Overlay to allow the demolition of the existing high school and the construction of eight new buildings, of up to three (3) stories, on the 39.74 -acre Palm Beach Gardens High School site, generally located on the east side of Military Trail between Lilac Street and,olly Drive. Mr. Present stepped down due to conflict of interest. Angela Usher, School District of Palm Beach County, introduced JimCoord and Tanya Deal who worked on this project, presented the site plan ' for modernization,., of Palm Beach Gardens High School and no portables were planned: Chair Kunkle declared the public hearing open. John Rose, Hol'ly,.Drive, asked why capacity of the new building was the same as the old building and confirmed with the applicant there would be no portables added. Mr. Rose. ;noted the residents on Holly Drive had not received notice. Mr. Benothman confirmed residents: within 500' from ;the exterior boundary of the site were sent notices. Mr. Rose expressed his opinion a traffic fight would be needed at Lilac • Drive. Carolyn Adrian, President of a homeowners' association on Lilac, reported school parking lot lights were on for four days The applicant o bi that would be addressed with the Principal. Carolyn Clia01i Hudson Bay Drive, was concerned the capacity was the same for the new building as the old and felt it should be built at -higher capacity for future expansion. Alma Roads, 4401 Holly Drive, requested trucks not be allowed to idle waiting to enter the school and reported , a serious drainage problem that needed to be addressed. Hearing no further comments .;from 'the public` Chair' Kunkle declared the public hearing closed. MOTION.: Mr. Solomon; made a motion to recommend approval to City Council of Petition PPUD- 06-12- 000012 Redevelopment of Palm Beach Gardens High School with the waiver as stated in the staff report`: Mr. Hansen seconded the motion, which carried by unanimous 7-0 vote Public Hearing and Recommendation -to City Council: Ex Parte Communication (Public Hearing) 2. Petition CUMJ- 06 -11- 000007. Police Communication Tower at Parcel 12.01 (9290 Park Lane) A City - initiated request to approve the major conditional use application for the installation of a 185 -foot monopole communication tower and two associated unmanned 10'x 20' equipment shelters on City property. The subject site is approximately six acres and is located north of the Hilltop Mobile Home Park and south of Seacoast Utility Authority's (SUA) property. L� • • Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 3 Planner Richard Marrero presented the staff report. Representatives from the Police Department described the need for the tower, answered questions and addressed concerns expressed by the board. It was clarified that only the site for the tower was being submitted for approval. Chair Kunkle declared the public hearing open. Mike Bailey, resident in the trailer park adjacent to the proposed site, reported Congress Avenue was to come through that area and a second large tower was also proposed for the area and suggested moving the tower location closer to the canal. Hearing no further comments from the public, ;ar Kunkle declared the public hearing closed. Mr. Hansen left the meeting at 7:15 p.m. Mr. Kanel expressed concern not enough informati MOTION: Mr. Pennell made a motion to recommend to 06 -11- 000007: Police Communication Tower at motion, which carried by 4 -3 vote,-.-',,with Mr. l Mr. Kunkle in favor, and Mr. Kanel, M;Solon Recommendation to City Council. 3. Petition A request by Urbah.'.2 Program for the City location and.,number MOTION: Mr. Panczak mad 0611 - 000019 — A Development. Mr if approval of Petition CUMJ- .01. Mr. Panczak seconded the [r. Panczak, Mr. Present, and [e`:cht onbosed. Centre r Lydian Bank 'to amend the Master Signage Development (PUP) to allow waivers./or the WBank. The site is located at the southwest One on Parcel B at the City Centre PUD. the applicant's request and answered questions in to recommend to City Council approval of Petition MISC- Master Signage Program for City Centre Planned Unit seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Ex Parte Communication (Public Hearing) 4. PPUD 06- 09- 000011: Sunoco Gas Station — Rezoning from General Commercial (C 1) to a Planned Unit Development Overlay and a Conditional Use Overlay with underlying General Commercial (CG -1) zoning. A request by Kevin McGinley of Laud Research Management, Inc. as agent for S &S .Rentals, L.L. C. to rezone .80 acre fi ^om General Commercial (CG -1) to a Planned Unit • • Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 4 Development Overlay and Conditional Use Overlay with underlying General Commercial zoning to allow for the. redevelopment of an existing gas station /convenience store generally located at the southeast corner of PGA Boulevard and Prosperity Farms Road. Kevin McGinley, Land Research Management, presented the request on behalf of the applicant. Principal Planner Todd Miller presented the staff report. The President of the Limited Liability Company (LLC) which owned the property explained they had not known the site plan approval had expired. Mr. Benothman compared formerly requested waivers to the present application. Chair Kunkle declared the public hearing open. Carolyn. ; h pI k, Hudson Bay Drive, expressed pleasure to see the new building and the lower candle hgtng requested. Hearing no further comments from the public, Chair Kunkle declaredthe publre hearing closed. MOTION: Mr. Solomon made a motion to recommend to ±;city C 000011: Sunoco Gas Station — Rezoning from General Unit Development Overlay and a Conditional Commercial (CG-1) zoning, with :the waivers as si seconded the motion, which carried by unanimous 7-01 Following a short break, the meeting Public H� 5. LDRA- 06 -12 -10 ``C Uses Ordinance 5, 201 A request by Brian. ,C for appr oval of a text: of Uses.'.':'` The applac through.. ;lanes as a i district and to. include c*1 approval of.PPUD 06-09 - imercial (CG .) to a Planned ay with underlying General itted by staff. Mr. Pennell Amending Chart tleur a zd Hi rin' Inc on behalf of Turtle Beach, Ltd. to Section 78 -159, Code of Ordinances, entitled "Chart to include Bank /Financial Institution with two drive- 1 use within the Professional Office (PO) zoning SIOIZS for such a use. Donaldson Hearm;g, of Cotleur and Hearing presented the request on behalf of the applicant. Mr. Hearing and staff, answered questions from. the board. Concern was expressed over an applicant proposing a change to the code for a companion petition. Chair Kunkle declared the public hearing open. Carl Erickson, Magnolia Street, asked if the Code could be amended to include a wall to add a privacy factor to prevent lighting from spilling into homes and to shield parking lot lighting to cast it downward. Staff indicated that would be a condition of approval. Hearing no further' comments from the public, Chair Kunkle declared the public hearing closed. MOTION: Planning, Zoning, and Appeals Board Meeting Minutes January 9, 2007 Page 5 Mr. Present made a motion to recommend to City Council approval of Petition LDRA- 06-12-10: Code Amendment to Section 78 -159, Amending Chart of Permitted Uses Ordinance 5, 2007. Ms. Hecht seconded the motion, which carried by unanimous 7 -0 vote. Public Hearing and Recommendation to City Council: Ex Parte Communication (Public Hearing) 6. Petition PPUD 06 -08 -009, 2006: Turtle Beach PGA PUD — Parcel B A request by Don Hearing of Cotleur and Hearing, on behalf ;;.:::Turtle Beach, LTD, or f .T f approval of the Turtle Beach PGA Planned Unit Development (PUD) — Parcel B and rezoning of the property from Residential Medium (RM) t& "Planned Unit Development/ Professional Office (PUD /PO), to allow for the constuction`o ;;,. a 5,150 square foot financial institution with two drive - through facilities on;:,a `IOl -acre site., The Turtle Beach PGA PUD is located on the south side of PGA Boulevdrd; approxinzately:,.500 feet west of Military Trail and east of PGA Commons PUD Plisse III. Donaldson Hearing presented the petition on behalf, ofahe applicant. Concerns "expressed by the board included a need for a deceleration lane, poor tfaffic flow within the site, parking, roof architecture and the need for connectivity. Chair Kunkle declared the public heariri'`','o& i qrl Erickson``; : a nolia Street expressed • hope for a wall to screen adjacent residences and expressed concern regarding lighting and noise at night. Marty Minor, Urban Design, Studio, representing PGA Commons, reported PGA Commons supported a connection and 'they were `working on alleviating parking problems. Hearing no A.. her comments from the public, Chair Kunkle declared the public hearing closed. Consensus connectivil the back of the parking area, to have Mr. Pennell made a moti6n'to recommend to City Council approval of Petition PPUD 06 -08 -009, 2'00;6: Turtle Beach PGA PUD — Parcel B, with clarification that the PZA Board agreed with staff ` recommendation that there be connectivity with The Commons. Ms Hecht seconded the motion. Motion carried 4 -3 with Mr. Pennell, Ms. Hecht, Mr. Kanel, a" r. Kunkle. voting in favor. Voting against the motion were Mr. Solomon, Mr. Panczak, and Mr. Present. 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 January 9, 2007 Page 6 ® ADJOURNMENT There being no further business, the meeting was adjourned at 9 :40 p.m. The next regular meeting will be held January 23, 2007. 0 APPROVED: Craig Kunkle, Jr., Chair Debbie Andrea, Public Inforination Coordinator 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. OAll referenced attachments on file in City Clerk's office. PLANNING, ZONING AND APPEAL;S,BOARD REGULAR MEETING ' January 23, 2007 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 6:30 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. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR:. " Kara Irwin advised a report had been made to City Council rgar roposed Ordinance to limit building height. A >, ROLL CALL: h Debbie Andrea, Public Infonnation Coordinator, cail%the rdt',,R for ;the. Planning, Zoning and Appeals Board: Present se'nt:, Craig Kunkle ,Chairperson MichaelPanczak yam{ � j " Barry Present, Vice Chairperson1 O Dennis Solomon.; , 51 Randolph Hansen ow Douglas Pennell j. Jonathan Rubins Joy Hecht, I A t mate r Amir Kanel, 2 "d Altte >y amm yj ELECTI(Jl� OF C�IR =SAND VTE CHAIR ` w� �, All Mr.# 'Fennell moved to eiRfF,o r. Ku' nkle as Chair for the coming year. Motion was seconded by Mr. Rub , s,,and carried by *unanimous vote: zi � +°a. Mr. Present moved to elect1VIr. Pennell as Vice `Chair for the coming year. Motion was seconded by Mr. ]M''_' s a ?carried by.unanithous 7 -0 vote. SWEARING IN`,3 All those intending to offer testimony in tonight's cases were sworn in by Debbie Andrea. APPROVAL OF MINUTES Mr. Solomon made a motion to app_ rove the minutes of the December 12, 2006 meeting as submitted. Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote. O - 0 • Planning, Zoning, and Appeals Board Meeting Minutes January 23, 2007 Page 2 Ex -Parte Communication Chair Kunkle, Ms. Hecht, Mr. Hansen, Mr. Solomon, Mr. Pennell, and Mr. Rubins each reported they had met with the applicant. Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 1. UVUttur[ 1-r U"-VV-yJ -VVVVV /: Vuruerix UU/7I/ UMV UVrItur. A request by Ryan Johnston of The Johnston Group Land Development Consultants, on behalf of Riverside Development, LLC, for approval of the Gardens Commerce Center Planned Unit Development (PUD), to allow for the construction of threebuildings with a total of 69,295 square feet of light industrial and accessory officeuse on a 4.45 -acre site. The proposed Gardens Commerce center PUD is located on the west side of Riverside Drive, east of I -95, north of Plat 5 and approximately 300 feet south of Burns Road <_. Ryan Johnston presented the project. Applicant Bruce: Mills with Thies Distributing Company described the company's history, rapid growth, and service area. Member of the board applauded the creation of 50 new jobs, only member was in favor Fof automobile connectivity, and members felt this would be a great stp'upward'for. the area. Requests included providing additional architectural articulation on the rearrofvbuildings, to identify the building from Riverside Drive, to screen air conditioning equipment from; all sides, that garage doors not face back yards of neighbors, that buffering be .added to lessen'W- se and lighting not be allowed to spill into neighbors' yards. Chair Kunkle declared the public hearing opOhm. Manl "yn Brent, of 3931 Dogwood Avenue which was directly behind the protect; stated she liked the color s,�expressed concern about dumpster noise and requested a hijgher wail to ;block noiseland restore the privacy that had been taken away :v by the City removingll,.the treesYalong the can, Ibank. John Brent, 3931 Dogwood Avenue, requested dumpsters ttioser to the Nardi side of the property to lessen noise, >� commented on noise from N'Vosta, asked7that a berm be added and then a fence to be at least as high as the open ba)N,doors wexpressed 'cone fn regarding adequate parking and asked that bok into ro`a uested that Hearing no hearing cl MOTION :r. Mr. Present made a 03- 000007: Gardens unanimous 7 -0 vote. parking on the roadways with DiVosta. Boardmember 5for residents be provided, to which Mr. Johnston is from the public, Chair Kunkle declared the public to recommend approval to City Council of Petition PPUD -06- ree Center. Mr. Hansen seconded the motion, which carried by OLD BUSINESS Mr. Solomon asked for clarification from staff when the board had taken a poll on some items if the motion had to specifically mention the polled items.. The City Attorney requested that the motion specifically mention the items. NEW BUSINESS It was clarified that the first March meeting date would be changed to March 6, 2007 because of the election. r� Planning, Zoning, and Appeals Board Meeting Minutes January 23, 2007 Page 3 OADJOURNMENT There being no further business, the meeting was adjourned at' 7:43 p.m. The next regular meeting will be held February 13, 2006. O APPROVED: Pvno r Vi,"Vla Tr 01, i Debbie Andrea, Public Information Coordinator . 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. All referenced attachments are on file in the City Clerk's office. Error An error occurred while processing this page. See the system log for more details. • • TO: Craig Kunkle, PZAB Chairman DATE: 02/07/2007 FROM: Richard Marrero, Planner THRU: Kara Irwin, AICP, Growth Management Administrator" " � Brad Wiseman, Planning Manager //, �,.i SUBJECT: PUD- 04 -03, Legend's at the Gardens (Walgreens) CC: Christine P. Tatum, City Attorney Talal Benothman, P &Z Division Director File The above - referenced petition is scheduled to be heard at the February 13, 2007, Planning, Zoning and Appeals Board meeting. The applieant has requested that the petition be continued to the next Board meeting due to outstanding issues relative. to the planned unit development amendment that need to be addressed. Therefore, staff respectfully requests that said petition be continued from the February 13, 2007, Planning, Zoning and Appeals Board agenda to the February 27, 2007 agenda. idcotleur& Hearing 1934 Commerce Lane . Suite 1 - Jupiter, FL - 33458 581,747.8338 • 981.747.1317 Tuesday, February 06, 2007 Mr. Richard Marrero Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -4695 Re: Legends at the Gardens (Walgreens) PUD -04 -03 Planning and Zoning Board Meeting Postponement CH Project #03 -0913 Dear Richard: Please accept this letter as your written authorization requesting postponement of the Legends at the Gardens (Walgreens) PUD agenda item front the February 13, 2007, Planning and Zoning Board meeting to ,tbe February 27, 2007, Board meeting. The project team would like to take this additional,ti.me to resolve any final issues that Staff may have with the application. We hope to move forward to the above referenced Planning and Zoning Board meeting with support from Staff. Please feel free to contact me if you have any questions or concerns. Thank you for your cooperation in this ;matter. f BC:nt c: D. Hearing n COR OF PALM; BCH GUINS FEB 07 2007 �. P!F(Opct al I cqund'n al Uu P.PIPo'10. .M Q.q-ll Llr to RIt6 KAA-,n2.7 -21101 CIOe -HM WdBE :10 10- 90-933 CITY OF PALM BEACH GARDENS PLANNING, ZONING & APPEALS BOARD tAgenda Cover Memorandum • • Date Prepared: January 29, 2007 - -- Meeting Die: February 3, 2007 Ordinance 8,1007 / LDRA -07- 01400012 Subject /Agenda Item: Ordinance 8, 2007/Petition LDRA- 07 -01- 000012: Amendment to the Land Development Regulations Relating to Height Restrictions Recommendation to City Council: A City - initiated request to amend the Palm Beach Gardens Land Development Regulations providing limitations to height waivers for single - family and multi - family residential buildings. M Recommendation to APPROVE [ 1 Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A PZAB Action: Growqi Management: [ ] Approved Costs: $ N/A [ ].App. w/ conditions City Attorney ;,Christine Tatum Kara Irwin Total [ ] Denied Growth Management [ ] Rec. approval Administrator $ N/A [ ] Rec. app. w/ conds. Development Compliance N/A Current FY [ ] Rec. Denial Bahareh Keshavarz- wolfs, Action: [ ] Continued to: AICP [ ] Quasi-judicial Funding Source: [X] Legislative [X] Public Hearing ( 1 Operating Advertised: Attachments: Growth Manage V7N__ [X] Other N/A Administrator � Ordinance 8, 2007 Kara L. Irwin, A.I.C.P. Date: 2/2/2007 Paper: Palm Beach Post [X] Required Budget Acct. #: Approved By: [)Not Required N/A Ronald M. Ferris Affected Parties: City Manager (] Notified [X] Not Required Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance S, 2007 Page 2 of 9 • BACKGROUND -- Dun`n-g-the December 7,- 20-06; City Council Ling, David -Bauer h —of Glatbng Jackson, presente the - - -- final report from the Interactive Planning Session that evaluated `Height Issues' for future development and redevelopment in the City of Palm Beach Gardens. The Interactive Planning Session (Session) was held in the City Council Chambers on Wednesday, October 25, 2006 and Wednesday, November 1, 2006. David Barth and Allison Crnic, of Glatting Jackson, facilitated the Session on behalf of the City. The report for the Charrette documented input from all of the residents present at the meeting and the facilitator reported on consensus items that were expressed during each of the two evenings. There were several items related and unrelated to height, which repeatedly arose at each meeting that residents reported were important to maintain in future development and redevelopment. Overall, one of the major consensus points brought up during the Planning Session involved limitations on strictly residential areas within the City to low -rise buildings. Many residents were concerned about the possibility of height waivers allowing high -rise buildings within adjacent residential areas. In response to this concern, staff is providing a, draft ordinance to the City's Land Development Regulations (LDRs) that would provide for limits to height waivers for single and multi - family residential buildings in all zoning districts in the City. The City's LDRs only permit height waivers for residential buildings within Planned Unit Development (PUD) Overlays and Planned Community District (PCD) Overlays. The amendment prohibits waivers to the height restrictions in excess of 25% of the height limit where height is measured in.feet and no higher than one additional story where height is regulated by number of stories. Currently, residential uses,are limited to four stories within the Mixed -Use land use category, but no maximum height limit has been established within the Code. The City's Comprehensive Plan does not permit height waivers for residential development within a Mixed -Use land use designation, which has been verified within :the current amendment and a maximum height has been proposed consistent with the maximum height established within the Residential High (RH) zoning district. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS Currently, the following amendments are proposed to the City's Land Development Regulations to provide for limitation to height waivers for single - family and multi - family residential buildings. Section 78 -158, Code of Ordinances, entitled "Waivers to planned development district regulations" is hereby amended to read as follows: Sec. 78 -158. Waivers to planned development district requirements. (a) Purpose and intent. The purpose and intent of this section are to encourage applicants for planned development, PUD, and; PCD; approval to propose residential and nonresidential projects • that are innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city. The use of innovative and creative techniques and concepts may require one or Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 3 of 9 • more waivers to the development standards applicable to such projects. The city council may grant one or more of the requested waivers, provided community benefits such is architectural design, pedestrian amenities, preservation of environmentally - sensitive lands, provision of publi parks and open space, or mixed uses which reduce impacts on city services are demonstrated. (b) Waivers permitted An application for development order approval for a PUD or PCD may include a request for waiver of one or more requirements of this chapter. Requests for waivers shall comply with the requirements contained herein. For the purpose 'of this section, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this chapter. (c) Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs and PCDs, as provided in sections 78 -154 and 78 -155, in order to achieve the benefits to the city and the property owner as described in those sections. (d) Prohibited waivers The waivers listed below shall not be granted by the city council. (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district. (2) A waiver from the minimum requirements for preservation of environmental sensitive lands as provided in division 4 of article V: (3) A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article M. (e) Grant of waivers. Waivers from requirements applicable to planned developments, including PUDs and PCDs, shall be granted by the city council, � following an advisory recommendation by the planning, zoning, and appeals board. (f) Waivers established For the purposes of this section, the city council may grant waivers as indicated in Table 20. [The remainder of this page intentionally left blank] 40 Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 4 of 9 40 Table 20: Waivers to Planned Developments TABLE INSET: C7 Development Standard or Requirement City Council Waiver Building Height (as limited by Sec. 78 -184) d Sign Regulations ✓ Landscaping ✓ Open Space J Standards Applicable to Planned Developments, PUDs, and PCDs ✓ Architectural and Design Standards Engineering Standards d Permitted Uses within PUD or PCD ✓ Development Standards Applicable to Permitted and Conditional Uses ✓ Minimum PUD/PCD Size J Supplementary District Regulations ✓ Number of Required Parking Spaces and Size of Parking Spaces Building Setbacks (front, side, side corner, and rear). J Lot Coverage; Size, Depth, and Width ✓ Height of Buffering and Screening Walls J Others as provided by these land development regulations J (g) Residential variances. Any reduction to. a PUD or PCD development standard or requirement applicable to an entire residential use or project shall occur only as provided in this section. However, the owner of a single- family dwelling may apply for a variance to the applicable development standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant to request a modification without the time, effort, and expense associated with an application for a development order amendment. (h) Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for planned development, PUD, or PCD approval. Each waiver to .planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant. (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. (1) The request is consistent with the city's comprehensive plan. Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 5 of 9. (2) The request is consistent with the purpose and intent of this section. (3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. (4) The request demonstrates.that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally - sensitive lands, drainage and recharge areas, and coastal areas. (7) The request clearly demonstrates public benefits to be derived, including, but not limited to such benefits as no -cost dedication of rights -of -way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. (8) Sufficient screening and buffering, if required; are provide& to screen adjacent uses from adverse impacts caused by a waiver. (9) The request is not based solely or predominantly"on economic. reasons. (10) The request will be compatible with ,existing and potential land uses adjacent to the development site. (11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. . (�1 Waiver limitations. All waivers of the height of buildings shall be subject to the limitations established in Section 78 -184 (b). Section 78 -184, Code of Ordinances, entitled "Height Of Buildings" is hereby amended to read as follows: Sec. 78 -184. Height of buildings. (a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to is exceed the height limits established in the property development regulations for the applicable zoning district. Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance S, 2007 Page 6 of 9 b Limitations on hei ht waivers or sin le anvil and multi amil residential buildin s Z i f v v i- -(l) - -NO waiver an ex� cess 25 percen o the heigl t- imltati n-Wthe appli ca ning-di strict maY be approved for such residential buildings in any zoning district (other than MXD ) where height limitations are measured by feet. (2) No waiver in excess of one story of the height limitation of the applicable zoning; district may be approved for such residential buildings in any zoning district other than MXD) where height limitations are measured by number of stories. (3) In zoning districts other than MXD where height limitations are measured by both feet and stories no waiver in excess of one story may be approved for such residential buildings, and in height no event shall the waiver exceed the limitation measured by feet. (4) In AM zoning districts, no height waivers may be approved for such residential buildings, and no such residential building., regardless of the number of stories, shall exceed (56) fifty -six feet in height. (5 ) The provisions of this section may not be amended by the city council without a vote of at least four city council members. • ( (c�Exceptions. The height limitations of this section shall not apply to church spires; barns, silos- monuments; antennas- penthouses and domes not used for human occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve and shall not exceed 20 percent of the ground floor area of the building. (e-)(40bstructions. All obstructions, as defined by the Federal Aviation Administration, shall be marked and lighted in accordance with applicable federal' or state regulations. Discussion The proposed LDR text amendment was presented to City Council during the City Manager's Report during the City Council meeting on January 18, 2007, During the meeting, the City Council directed staff to evaluate the following issues: • Providing a requirement for a super majority vote of City Council to change the proposed code revision. • Provide for the height limitation in the City's Comprehensive Plan • Address the need for providing provisions for tiering heights with adjacent developments • Provide a definition and height limitation for a story within the City's Mixed -use land use category. Date Prep": JanuM 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 7 of 9 • Super Majority Vote Unless otherwise specified, the adoption of an Ordinance or Resolution is accomplished by a ma'ori vote of a quorum present at a meeting. Section 166.041, Florida Statutes, and Section 18 -1, Code of Ordinances provide that a majority of the members of the governing body shall constitute a quorum, and that an affirmative vote of a majority of the quorum present shall be necessary to enact any ordinance or adopt any resolution, except that two - thirds of the membership of the board is required to enact an emergency ordinance. While the City cannot lessen or reduce the procedures for the enactment of a municipal ordinance, the City may add additional requirements or prescribe procedures in greater detail than contained in Section 166.041. The addition of a super - majority voting requirement to modify a particular provision of the Code of Ordinances is, however, not prohibited by state law, and is sometimes used when a local governing body identifies an issue which is of such import to the community that a simple majority requirement to change the provision is perceived as inadequate. For example, some local codes contain such limitations on the sale of city property, so that a super majority vote is necessary to approve such a sale. While a super majority is a legal mechanism, there can be certain unintended consequences of such a requirement that the council should be aware of A super majority vote essentially places the ultimate decision - making in the hands of a minority of the council. For example, if three (a majority) of the • elected officials wish to take a certain action, they can be prevented from taking such action by two (the minority) of the council. A further complication can arise in the event there is a vacancy on the council or one or more members are absent ofhave a voting conflict. An example of this situation was recently reported concerning the Village of Wellington where on councilmember was required to abstain, thus necessitating a unanimous of the remaining four members for passage of an item. Staff has evaluated the issues and provided alterations to the proposed ordinance that addressed the definition of a height limit for a `story' and provided a requirement for a super majority vote to change the proposed amendment for height limitations to single - family and multi - family residential buildings. Comprehensive Plan In December 2006, City Council adopted and transmitted the City's Evaluation andAppraisal Report (EAR) to the Department of Community Affairs (DCA) for review. The City Council may direct staff --1 J- * - -- - -- - -- --5_.._._. __af_ mot__ ______- - --1 f__ _J L -_ -__ 7- iL_!4;a__f_T. An 1L__._..1 .__.._r_._L....... ;_... plan amendments. Provisions for Tiering and Compatibility The City's Comprehensive Plan and Land Development Regulations (LDRs) provide language requiring compatibility of design and use with adjacent existing and future uses. In addition; Planned Unit Development (PUD) Overlay districts and Planned Community District (PCD) Overlays provide • opportunities for City Council to place conditions of approval relative to compatibility to adjacent development. Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 8 of 9 t The following are examples of sections of the City's LDRs that address design guidelines for building height and height transition for development. Section 78 -154. PUD — Planned unit development overlay district. Section 78- 154(8) (10): (10) Building height limit. The maximum building height in a PUD shall be established in the development order approved by the city council. Final determination of maximum building height shall consider the following: a. the proposed uses of the structure; b. the bulk, mass, and context of adjacent structures or proposed structures; c. the compatibility with adjacent existing or proposed uses; d. the relationship to the adjoining uses and the surrounding development; and e. the provision of open space in the proposed PUD. Section 78 -227. Architectural elements. Section 78 -227 (a) (5): (5) FacadeAvall height transition. New developments that are located within 150 feet of an existing • building, and are more than twice the height of any existing building within 150 feet shall provide massing elements to provide an appropriate structure transition. a. The transitional massing element can be no more than 100 percent taller than the average height of the adjacent buildings. b. Facades shall have architectural articulation at the pedestrian level and at the roofline. Height Limits for Mixed -Use (AIXD) Staff has provided a maximum height limitation for single- family and multi- family buildings within a mixed -use development that is consistent with the maximum height limit for buildings located within the Residential High (RH) zoning district. The provision reads as follows: (4) In N= zoning districts no height waivers may be approved for such residential buildings; and no such residential building, regardless of the number of stories, shall exceed (56) fi#'tti -six feet in height. The proposed language does not set a height limit for individual stories of a residential building, but it does provide an overall maximum height for the building, which addresses the issue raised by a resident that there is no maximum height limit for a residential building within a mixed -use development. 41 Date Prepared: January 29, 2007 Meeting Date: February 13, 2007 Ordinance 8, 2007 Page 9 of 9 • Proposed Height Limitations The effects of this proposed amendment are as follows: Underlying Zoning designation within Maximum Planned Unit Development (PUD) and Height w/ Current Height Limit Planned Community District (PCD) Waiver Overlays Restriction l n' Residential Low (RL -1, RL -2, & RL -3) 2 stories or 36 feet, 3 stories/36 feet whichever is the lesser Residential Medium (RM) 2 stories or 36 feet, 3 stories /36 feet whichever is the lesser . Residential Hi RH NMT 45 feet 56 feet Residential within Mixed -Use 4 stories 4 stories / 56 feet STAFF RECOMMENDATION Staff recommends approval of Petition LDRA- 07 -01- 000012 and Ordinance 8, 2007. • is Date Prepared: January 5, 2007 1 ORDINANCE 8, 2007 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM - --5 - - - -- BEACH -- GARDE- NS- fA_0.R1 A-- R.E.LATINjG�b_LIM- ITATIONS ON 6 HEIGHT WAIVERS; AMENDING SECTION 78 -158; CODE OF 7 ORDINANCES, ENTITLED "WAIVERS TO. PLANNED 8 DEVELOPMENT. DISTRICT REGULATIONS "; AMENDING SECTION 9 78 -984, CODE. OF ORDINANCES, ENTITLE "HEIGHT OF 10 BUILDINGS" TO IMPOSE LIMITATIONS ON T WAIVERS; 11 PROVIDING FOR CODIFICATION; AN ' ROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, on October 25, 2006, an ember 1, 20 e City Council 16 conducted two community planning sessions cuss and address sue of height 17 for future development within the City-'and 18 19 WHEREAS, the process included res 11 = d analysis of current height 20 regulations, two public workshops sident inpu a report to City Council; and 21 22 WHEREAS, approximately. p ttende October Workshop and 23 approximately 107 people attended it ovem ksh . nd. 4 5 WHEREAS, t of. the :: ns refIe the general consensus that 26 building height in rep, d tial are hould imited to low =rise buildings; and 27 28 WHEREAS, ff rec, that ctions 78 -158 and 78 -184 of the City's 29 Land Development Rey: ti j, § t accomplish this purpose; and 30 31 H`EREA , t is La, • evelopment, Regulations amendment was reviewed by 32 the a ning, Zonin d A< aIs. Board at a. duly noticed public hearing on 33 2007, the Board rec men , r pproval by a vote of to. ; and 34 35 W REAS, the Ci Council deems approval of this Ordinance to be in the best 36 interests of t' - sidents d citizens of the City of Palm. Be.ach;Gardens. 37 38 39 NOW, THERE' ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 SECTION 2. Section 78 -158, Code of Ordinances, entitled "Waivers to planned 45 development district regulations" is hereby amended. to read as follows: �3 Date Prepared: January 5, 2007 Ordinance 8, 2007 1 Sec. 78 -158. Waivers to planned development district requirements. •2 3 (a) Purpose and intent. The purpose and intent of this section are to encourage 4 applicants for planned development, PUD, and, PCD; approval to propose residential — ------ -5- end- nonr- esidenfia I- projec -ts -that- are - innovative- creative,- a- nd- utiliz-e-pIan ning- design 6 and architectural concepts that will be of benefit to the city. The use of innovative and 7 creative techniques and concepts may require one or more waivers to the development 8 standards applicable to such projects. The city council may grant one or more of the 9 requested waivers, provided community benefits such architectural design, 10 pedestrian amenities, preservation of environmentally -se lands, provision of 11 public parks and open space, or mixed uses which reduc a_ cts on city services are 12 demonstrated. 13 14 (b) Waivers permitted. An application for deve ent order oval for a PUD or 15 PCD may include a request for waiver of on ore require m of this chapter. 16 Requests for waivers shall comply with th irements containe ein. For the 17 purpose of this section, - a`waiver is defined reductio a developm tandard or 18 other land development requirement normally ired s chapter. 19 20 (c) Purpose and intent. The pu and inten is section are to encourage the 21 use of PUDs and PCDs, as provid ons.78 -1 d 78 -155, in order to achieve 22 the benefits to the city and the prop e o descri those sections. 23 4 (d) Prohibited waiver waiver to not be granted by the city 5 council. 26 27 (1) A waiver fry rn he requir tints of 'on 2 of article V, establishing the PGA 28 overlay distric f 29 30 (2) A o. th nimum.. req ents for preservation of environmental 31 sr: sr ive lad s pro 'i &;d in,division 4 of article V. 32 33 (3) waiver from = ,y re- ement associated with the city's concurrency 34 mal = Bement requir- ents e tablished in division 3 of article III. 35 36 (e) Grant waiver- Waivers from requirements applicable to planned 37 developments, 1, di Ds and PCDs, shall be granted by the city council, following 38 an advisory recom tion by the planning, zoning, and appeals board. 39 40 (f) Waivers established. For the - purposes of this section, the city council may grant 41 waivers as indicated in Table 20, 42 43 44 45 711 2 1 ()2 3 E0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Date Prepared: January 5, 2007 Ordinance 8, 2007 Table 20: Waivers to Planned Developments TABLE INSET: lop-ment Standard -or Requirement - City Waiver Height (as limited by Sec. 78-IB4) Regulations _B-uilding Sign Landscaping Open Space S ti Standards Applicable to Planned Developments, Architectural and Design Standards Engineering Standards VIARW Permitted Uses within PUD or PCD L Development S• • • s Applicable to Permitte • • Uses 0 a Q • • Minimum PUD/PCD Size Supplementary District Regulations SRI,. I 1fll{� l • • e. •-• •�a • •- a ©� -• • (g) ential va%a ces.Ai reduction to a PUD or PCD development standard or requT e ent applicab an tare residential use or project shall occur only as provi e & this section. ' ®weve , e owner of a single - family dwelling may apply for a variance e applicabl n.evelopment standards, rather than apply for a waiver. The purpose of t section is ' o allow an owner or tenant to request a modification without the time, effo nd ex4 ,: e associated with an application for a development order amendment. (h) Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for , planned development, PUD, or PCD approval. Each waiver to planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant. 9 A ;� Date Prepared: January 5, 2007 Ordinance 8, 2007 1 (i) Criteria. A request for the city council to approve a waiver from one or more of �2 the standards and requirements applicable to a planned development, PUD, or PCD 3 shall comply with a majority of the criteria listed below. 4 -5 (4-) T -he- mquest-is- consistent with - the- G4- S- cornpre- hensi-ve -pla -h. 6 7 (2) The request is consistent with the purpose and intent of this section. 8 9 (3) The request is in support of and furthers the city's goals, ectives, and policies to 10 establish development possessing architectural signifi , pedestrian amenities 11 and linkages, employment opportunities, reduction hicle trips, and a sense 12 of place. 13 14 (4) The request demonstrates that granting of t giver will in a development 15 that exceeds one or more of the minimum rements for P 16 17 (5) The request for one or more waivers_ is from in vative desig hich other 18 minimum standards are exceeded. 19 20 (6) The request demonstrates t anting of th iver will result in preservation of 21 valuable natural resources, environ lly- sensitive lands, drainage 22 and recharge areas, and coast re 23 (7) The request clearl nstrate bli MIT derived, including, but not 14 5 limited to such - m r no -c ication- rights -of -way, extensions of 26 _ pedestrian li :. s outsi e of the ect boundaries, preservation of important 27 natural res . es, and u .e of desig ia:. k architectural, building, and site design 28 techniques. 29 30 (8) Su - enin uffering, equired, are provided to screen adjacent 31 rom a t e imca is caused -by a waiver. 32 33 (9) request is no ed s eiy or predominantly on economic reasons. 34 35 (10) The rep est will be ®mpatible with existing and potential land uses adjacent to 36 the de e ent sit -. 37 38 (11) The reques e Instrates the development will be in harmony with the general 39 purpose and i : ent of this section, and that such waiver or waivers will not be 40 injurious to the area involved or otherwise detrimental to -the public health, safety, 41 and welfare. 42 43 (i) Waiver limitations. All waivers of the height. of buildings shall be subject to the 44 limitations established in Section 78 -184 (b): 45 �6 4� Date Prepared: January 5, 2007 Ordinance 8, 2007 1 SECTION 3. Section 78 -184, Code of Ordinances, entitled "Height of Buildings" (r is hereby amended to read as follows: 3 4 Sec. 78 -184. Height of buildings. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 6 7 (a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to exceed the height limits established in the property development regulations for the applicable zoning district. b Limitations on height waivers for single family aogjWulti family residential buildings. (1) No waiver in excess of 25 percent of the height atio he applicable zoninq n MXD) where.heiaht uch residentia ` dings in aM finnc nro mallWpri by facet No waiver in excess of one story of district may be approved for such resid than MXD) where height limitations are In zonina districts (other thanlkhyJal ildinas. and in 4) In MXD zonir Wtricts, M bEE ildin s o such r _ 'ential bdT all exceed Wifty -si M eight. 5) ThggIM ,s of - - ection mays v 41 Wof at le E , .ur ci � �:ounciI mein buildiiWin any zor e :,,�8 number of s hei itations are r one st'&VAwav be a give ceed the �F rs may be approved fo iq; ;regardless of the n e amended by the citv i, (b) c eptions. The q. ht 1AW ons of this section shall not apply to church spires; barns, , o monument. ntennas; penthouses and domes not used for human occupanc r to chimn - 1, water tanks, and necessary mechanical appurtenances usually carri d ove th oof level. These features, however, shall be erected only to a height as is n s accomplish the purpose they are to serve and shall not exceed 20 percen e ground floor area of the building. (c-)(d) Obstructions. All obstructions, as defined by the Federal Aviation Administration, shall be marked and lighted in accordance with applicable federal or state regulations. SECTION 4. This Ordinance shall not be construed or held to affect the rights of any existing building to continue in a use or structure that may otherwise become a legal nonconformity as a result of the, passage of this Ordinance or any building specifically approved by a development order granted by the City prior to the effective date of this Ordinance. 5 Date Prepared: January 5, 2007 Ordinance 8, 2007 1 SECTION 5. Codification of this Ordinance is hereby authorized and directed. 2 3 SECTION 6. This Ordinance shall become effective immediately upon adoption. 4 —5 6 -- PASSED this day of 7 8 PASSED AND ADOPTED this 9 and final reading. 10 11 12 CITY OF PALM BEACH GARDENS 13 14 BY: 15 Joseph R. Russo, Mayor 16 17 18 Jody Barnett, Vice Mayor 19 20 lab 21 Eric Jablin, Councilmember 22 23 4 5 David Levy, Council 26 27 Hal R. Valech uncilmem 28 29 30 ATTEST- 31 32 33 BY: 34 P Snider, CM City Cle k 35 36 37 APPROVED A ' F AND 38 LEGAL SUFFICIE 39 40 41 BY: 42 Christine P. Tatum, City Attorney 43 44 45 2007, upon first reading. day of ; 2007, upon second FOR NST ABSENT U7 G: \attorney_share \ORDINANCES \imposing limitations on height waivers - ord. 8 2007.doc 6 N W+ C S t - -- ■ J P J cts City of Palm Beach Gardens - Eastpoir to Abacoa DRI Town of JIM, per W Y Frenchman's Creek AM Old Kash I K d V; , c 0. D 501Wa r l - 31 43 r�m.a Ana -yam x�. lase 4 z,n �qum I mo. r -J SAee W Can�ul ! IeA.V It L�e�f/Vae 05Am M1 Vlb �.,, ® PeRMe Bat,rwe rpproeal _ -_ - -- - -! �" ' Parma_ o P. .,, \ T 1 Mirasol - -�r- ePaCei„ -1 E ` Z C F V CC O r I w PGA Blvd ir+ BB ai Q it 1 A Blvd B s � • H', r • Burns Rd ix PGA National Ballenlsles "°B' '" in , O W l � [H] V-- r 44 Northlake Blvd - P Letters under Project Number are the Initials for the Project Planner P = Pending R = Returning for additional review *DRC = Development Review Committee LPA = Local Planning Agency ® BOD = Build Out Date A Lm BEACH GARDEN S See Attachment for Approved projects within the city A Signature City 4,300 0 4,300 8,600 12,900 17,200 Feet ke Pok Numbering System does not indicate priority of Review Processing Important: The schedule listed below is Tentative. Please Contact Planning and Zoning to Confirm Schedule: 561 - 799 - 4243 Concurrency Concurrency DRC Concurrency Major Projects Subm ttal Date Certification DRC' Certification Planning &Zoning City Council Build out Date (!) (Dec 31) 31 ventral Park (Parcel December 26, 2000 January 3, 2003 December 6 2004 January 24, 2006 JH 31.06 131.07) March 20, 2002 Rezoning from PDA to Owner ' E Developers Con - :undusrchaagej -911 MXDiPIU) tad:Jin Gieldy Land Design MXD Workshop South; 561- 395 -6868 Residential High & Mixed Use Project, 176 multi-famly condo 201K units, 39,167 sq ft office, 24,512 sq ft retail, 14,655 sq ft restaurant, 21,600 sq ft furniture store, 141,706 sq ft, 4-story parking garage w /409 spaces 38 Cimarron Cove(Parce l March 28, 2003 April 18, 2005 May 13,2004 September 23, 2003 Novem ber 6, 2003 TM 31.04 MX D) May 21, 2003 April 13, 2006 LUchargeMXDtoRH MXD to 101, PH Owner Gardens 95 Limited P•., land use rhwgefram MXD n. Pub Bc Hearing Rec io CC /"Raiding n ership Contact: Urban Design Studio; R11 June 18, 2003 .tune 28, 2005 Dearn ber 4, 2003 MXD to RH, PH 366 -1100 Workshop N o�em her 8, 2005 Ind Readng 10,000 sq ft Cff ice, 12,000 sq f t Public Hmnng Demm her 18, 2003 Drugstore, 4,000 s ft Bank, Rer b CC MXD to RH, PH 2007 15,000 sq ft Restaurant, 11,600 sq ft Retail, 252 Taw rr January 24, 2006 2nd Reading house lh is Rezoningto MXD June 15, 2006 Workshop Ren>nmgloMXD April 25, 2006 PH Rezoning to MXD July 20, 2006 Recce CC Rezoning to MXD PH 43 renchma n's C rossun, December 8 2004 July 25, 2006 BIN Rd & ALT A1A September 22, 2005 RezonmgtoMXDI (Hood PUD Annexation) Workshop ,h ner Hudvon Gomp.rnv Contact: Jennifer Morton, Land Design South, (561) 4711- 2008 8501 71,650sgfl, Neighborhood Commercial, 72 dv eling units, 13,050sgft BnploymentCenter Doubletree N. PUD July 25, 2006 November 2, 2006 BW Owner E &J PROPERTIES LLC l$b"kshop IitReudm,g Contact: UDS 366 -1100 PH Redesignate Commercial to Decem ber 7, 2006 Mixed Use PUD 89,000 sq ft 2nd Reading self - storage building, two 7,500 PH sq -ft restaurants, and a 3,100 sq- f t bank 48 Hilltop Residential December a 2005 TM wner Westbrroke finmc'? Contact: Km berry Glas - Castro, (561) 838-4542 180 Tow nhouse units 49 Northlake Village 11ar) n, 21�h SM )wrer- Gorden Wall( LLC Contact: Cotleur& Hearing, 747 -6336 Redesignate Commercial to Residential High 158 mulh- family dwelling units rood Rd kesidenbai TM Ow ner: Hood Road Propert- Contact: Cotpur & Hearing, 747 -6336 Redesignate Residential Low to Residential Medium 83 multi- family dwelling units 51 Parcel 18 (Gardens August 23,206 JH West) Owner: Palm Beach Acquisition. LLC Cortact: Jan Polls on, Cotleur & Hearing, 747 -6336 Redesignate 495 978 acres From Residental-RRIO, Com- mercial, & Industrial To Industrial (121 acres), Corn - mercial (40 acres) & Conserva- tion (335 acres Source. Growth Management Department Palm Beach Gardens, FL Printed 11/29/2006 $8.00 per copy 1 r February 13th, 2007 Randolph Hansen Dennis Solomon Craig XunkCe Michael Panczak Douglas Pennell Barry Present Jonathan D. Rubins Joy Hecht (r, Aft.) .emir Xanel (z°d ACt.) v + � l F M ,February 13th, 2007 Randolph Hansen Dennis Solomon Craig XunkCe MichaeCPanczak DougCas Penned Barry Present Jonathan D. Rubins Joy Hecht 011 -Aft.) Amir XaneC(z' Aft.) COMMENTS FROM THE PUBLIC Request to Address City Council Please Print �y Name: ". _r A 4y, tom" Address: City: P (3 c Subject: 6 C,�J Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". 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.