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HomeMy WebLinkAboutAgenda P&Z 010907MEMORANDUM DATE: January 9, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, January 9, 2007 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, January 9, 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 compact disc containing PowerPoint presentations with user instructions; and 3. 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 Irwin, AICP Growth Management Administrator AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JANUARY 9, 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: December 12, 2006 PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Barry Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins Alternates: Joy Hecht (l" Alt.). Amir Kanel (2"d Alt.) Planning, Zoning and Appeals Board January 9, 2007 4 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 Public Hearing and Recommendation to City Council: 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 Holly Drive. Project Manager: Todd Miller, Principal Planner tmiller(o)pbgfl.com (799 -4236) 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) Public Hearing and Recommendation to City Council: 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. Project Manager: Richard Marrero, Planner rmarrero@pbgfl.com (799 -4219) Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 3. Petition MISC- 06 -11- 000019 — Amending Master Signage Program for City Centre Planned Unit Development Recommendation to City Council: A request by Urban Design Studio, agent for Lydian Bank to amend the Master Signage Program for the City Centre Planned Unit Development (PUD) to allow waivers for the location and number of wall signs for Lydian Bank. The site is located at the southwest corner of PGA Boulevard and U.S. Highway One on Parcel B at the City Centre PUD. Project Manager: Jackie Holloman, Planner jholloman(ri)pbgfl.com (799 -4237) 2 Planning, Zoning and Appeals Board January 9, 2007 Public Hearing and Recommendation to City Council: Ex Parte Communication (Public Hearing) 4. PPUD 06 -09- 000011: Sunoco Gas Station —Rezoning from General Commercial (CG -1) to a Planned Unit Development Overlay and a Conditional Use Overlay with underlying General Commercial (CG -1) zoning. Public Hearing and Recommendation to City Council: A request by Kevin McGinley of Land Research Management, Inc. as agent for S &S Rentals, L.L.C. to rezone .80 acre from General Commercial (CG -1) to a Planned Unit 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. Project Manager: Todd Miller, Principal Planner tmiller&b flg corn (7994236) Public Hearing and Recommendation to City Council: Ex Parte Communication (Legislative) 5. LDRA- 06- 12 -02: Code Amendment to Section 78 -159, Amending Chart of Permitted Uses Ordinance 5, 2007. Public Hearing & Recommendation to City Council: .A request by Brian Cheguis of Cotleur and Hearing, Inc on behalf of Turtle Beach, Ltd. for approval of a text amendment to Section 78 -159, Code of Ordinances, entitled "Chart of Uses ". The applicant requests to include Bank/Financial Institution with two drive - through lanes as a major conditional use within the Professional Office (PO) zoning district and to include special provisions for such a use. Project Manager: Stephen Mayer, Senior Planner smayer@pbgfl.com (7994217) 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 Public Hearing and Recommendation to City Council: A request by Don Hearing of Cotleur and Hearing, on behalf of Turtle Beach, LTD, for approval of the Turtle Beach PGA Planned Unit Development (PUD) Parcel B and rezoning of the property from Residential Medium (RM) to Planned Unit Development/ Professional Office (PUD/PO), to allow for the construction of a 5,150 square -foot financial institution with two drive - through facilities on a'1.01-acre site. The Turtle Beach. PGA PUD is located on the south side of PGA Boulevard, approximately 500 feet west,of Military Trail and east of PGA Commons PUD Phase III. Project Manager: Stephen Mayer, Senior Planner smayer@pbgfl.com (799.4217) 3 Planning, Zoning and Appeals Board January 9, 2007 Public Hearing and Recommendation to City Council:. Ex Parte Communication (Public Hearing) 7. 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 rmarrero@l)bgfl.com (799 -4219) 8. OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding, at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8770 (VOICE), for assistance. If 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 verbatim 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 survey for the cases may be obtained from the files in the Growth Management Department. Common /pz agenda 1- 9- 07.doc 4 1 0 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM DATE: January 9, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, January 9, 2007 - 6 :30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, January 9, 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: l: An agenda for the meeting; and 2. A compact disc containing PowerPoint presentations with user instructions; and 3. 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 Irwin, AICP Growth Management Administrator M; CITY OF PALM BEACH GARDENS PLANNING ZONING AND APPEALS BOARD. Agenda Cover Memorandum Date Prepared: December 27, 2006 Meeting Date: January 9, 2007 Petition PPUD- 06 -12- 000012 SUBJECT /AGENDA ITEM Petition PPUD- 06 -12- 000012: Redevelopment of Palm Beach Gardens High School Public Hearing and Recommendation to City Council: 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 Holly Drive. [X] Recommendation to APPROVE with one waiver. [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: PZAB Action: Growth Finance [ ] Approved Director of Planning & Management: Administrator: [ ] App. w/ conditions Zoning Project [ ] Denied Manager Allan Owens [ ] Rec. approval Todd Miller AICP [ ]Rec. app. w/ conds. Talal Benoth man, AICP [X] Quasi — Building [ ] Rec. Denial City Attorne Judicial Accountant: [ ]Continued Christine P. Tatum [ ] Legislative By to: [X] Public Hearing K. Labossiere Development Compliance Fees Paid: [ ] Advertised: Attachments: Bahareh Keshavarz- Wolfs, Date: 12/29/06 Date: • Conditional Use AICP Paper: Palm Beach Criteria. Analysis • Section 1013.33 Growth Manage ent Post F.S. ( ) Administrator �-- • Easement Grant Kara Irwin, AIC [X] Required Budget Acct. #: between City & [] Not Required N/A District dated Approved By: 1/7/1969. City Manager • Site Plan Affected Parties: • Landscape Plan [X] Notified [ ] Not Required . Elevations Ronald M. Ferris Date Prepared: December 15, 2oo6 Meeting Date: January 9, 2006 Petition o6 -12- 000012 -BACKGROUND. Tn 1965 the MacArthur Foundation dedicated the subject property to the Board of Public Instruction of Palm Beach County, which constructed the existing high school in 1968. Currently, the School District of Palm Beach County (the "District ") is proposing to demolish the existing high school and construct eight (8) new buildings totaling 385,865 square feet, which will serve as the new Palm Beach Gardens High School. The property is 39.74 acres in size, and is located on the east side of .Military Trail, between Lilac Street and Holly Drive. LAND USE AND ZONING The subject site has a Public (P) future land -use designation and a zoning designation of Public or Institutional (PI) with a Major Conditional Use overlay. 2005 FLORIDA STATUTES In accordance with Section 1013.33, Florida Statutes (F.S.), entitled Coordination of planning (Educational facilities) with local governing bodies (attached), the District is required to request a determination fi•om the City that a site plan for a proposed educational facility is consistent with the City's Comprehensive Plan. The City shall determine, in writing within 45 days after receiving the necessary information and the school board's request for a determination, .whether the proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may continence and _. further City approvals are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a determination in writing within 90 days after the District's request for a determination of consistency shall be considered an approval of the District's application. Further, the City may not deny the site application based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the City may not deny the application. The City may only consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may not be imposed which conflict with those established in Section 1013, F.S., or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement required. by Section 1013.33, F.S. CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN Future Land Use Element. The following are policies set forth in the City's Comprehensive Plan relating to school facilities with which the proposed site plan. for the School is consistent: Policy 1.1..1.7.: The City shall ensure the availability for suitable land for public and institutional uses necessary to support development by: 2 b 2 �T • • Date Prepared: December 15, 2oo6 Meeting Date: January 9, 2oo6 Petition 06 -12- 000072 Allowing public /institutional uses in certain land -use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (c) Public /Institutional Uses shall be limited in intensity to maximum lot coverage of 40 % of the site and a maximum building height of 50 feet. Staff Comments: The proposed School has maximum lot coverage of 12.3% of the site and a maximum building height of 45' — 6 ", as measured pursuant to the City's LDRs. Please note a waiver from the required maximum building height of 45' has been included within this petition. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land -use category (RR20, RR10, RVL, RL, RM, RH), Further, schools shall be considered public /institutional uses and be allowable within areas designated Industrial (IND) and Public (P) on the Future Land Use Map. Staff Comments: The subject site has a Public (P) future land -use designation. (e) Public /Institutional Uses shall be buffered fi-om adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall ,be a minimum of 25 feet in the fi•ont, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public /institutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Staff Comments: The proposed site plan incorporates a 30' front setback adjacent to Military Trail, a 47' side setback adjacent to the residences on Lilac Street, a 52' rear setback on the east side of the property, and a 130' side setback along Holly Drive. The applicant has met the plan requirements by designing a 5' -10' landscape buffer along the northern property line, a 15' landscape buffer along the east property line, a 25' landscape buffer along the southern property line, and a 25' landscape buffer along the western property line. In addition to the above referenced buffering and setbacks, City staff is concerned about the offsite impacts to the residential neighborhood to the north along Lilac Street (Garden Villas apartment complex). In order to mitigate any adverse offsite impacts of the school, and to limit access between the residential neighborhood and the school, City staff has recommended and the School District has agreed to install a six foot high wall along the west, east, and south perimeters of the apartment complex. Public School Facilities Element The following are policies set forth in the City's Comprehensive Plan relating to the siting and • development review process for public school facilities: 3 i Date Prepared: December 15, 2oo6 Meeting Date: January 9, 2oo6 Petition 66 -12- 000012 Objective 1 1.1.4.: To establish a process of coordination and collaboration between the County, local . • governments, and the School District in the planning and siting of public school facilities in coordination with planned infi•astructure and public facilities. Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with Surrounding land uses and the compatibility of uses with schools. Staff Comments: Staff has made every attempt to expeditiously review the District's development proposal in accordance with the City's LDRs to ensure the integration of the School facility with surrounding land uses. Policy 11.1.4.2: There shall be no significant environmental conditions and significant historical resources on a proposed site that cannot be mitigated or otherwise preclude development of the site for a public educational facility. Staff Comments: Staff has determined that the proposed site plan poses no threats to the environmental resources on site. There exist no historical resources on site. x Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stoimwater Utility • or Drainage District. Staff Comments: The District has indicated that all necessary development permits have already been acquired. CITY OF PALM BEACH. GARDENS LAND DEVELOPMENT_REGULATIONS Section 78 -159 of the City's LDRs, entitled Permitted uses; conditional, and prohibited uses, requires "Schools, Public and Private," to be granted conditional` use approval by the City Council: Demonstration of the project's compliance with the City's conditional use criteria established in Section 78 -52 is attached hereto. PROJECT DETAILS Overview The District is proposing a 385,865 square -foot high school on the existing 39.74 acre Palm Beach Gardens Nigh School site. The school consists of a 93,022 square -foot gymnasium, auditorium and cafeteria building, a 77;514 square -foot administration and classrooms building, two additional classroom buildings totaling 55,730 square -feet and 121,956 square - feet, a 6,642 square -foot Central Plant building, and a 4,420 square -foot Concessions building. In addition, the site plan incorporates sports fields .for baseball, football, tennis, and two retention ponds totaling approximately 2.4 acres. 4 n Date Prepared: December 15, 20o6 Meeting Date: January 9, 2oo6 Petition o6 -12- 000012 Traffic Conculrenc . The new school design will not increase capacity at the school. Specifically, the existing school was designed for a capacity of 2,510 students. However, the new school is being designed for a capacity of 2,500 students. As a result, a concurrency approval is not required. Access and Traffic Circulation There is no vehicular access directly fi•om Military Drive. Drop off areas for buses and parents are provided off of Holly Drive, and all parking for students, visitors and faculty is provided off of Lilac Street. City staff has repeatedly commented to the District that locating the primary access for student parking off of Lilac Street and doubling the amount of student parking will create traffic issues at the intersection of Lilac Street and Military Trail. As a result, staff is recommending as a condition of approval that the School District execute an agreement with the City indicating that should the intersection analysis being conducted by the FDOT indicate a light is warranted at the intersection, the District will provide the necessary funding for the light and all necessary improvements, including any and all required improvements to Lilac Street right -of -way. In order to ensure the agreement is completed in a timely mariner, is enforceable, and meets the City's requirements, staff recommends the agreement be executed prior to scheduling this petition for City Council review. The agreement shall include a surety bond, which shall be subject to the review and approval by the City Council. In addition to the subject petition, the applicant is required to obtain a right -of -way permit for constructing a driveway connection fi•om. Lilac Street to the student Barking area, and to obtain approval for constructing improvements within the easement granted in the attached "Easement Grant" approved on January 7, 1969. In order to expedite the permitting and approval process, staff has . included conditions of approval within this petition granting the right -of -way permit and granting the petitioner the authority to construct improvements within the easement pursuant to the terms of the Easement Grant, Landscaping The District has worked with the City Forester in order to come up with a landscape plan that addresses the City's major concerns and maintains the safety standards and budgetary constraints of the District. Common species proposed on the landscape plan include Live Oak, Cabbage Palm, Royal Palm, etc. Lighting The District will be providing lighting around each building, the pedestrian areas, the parking lots and driveways, and the athletic fields. Architecture The District is proposing what it describes as Post -Modern style of architecture. Architectural features include stucco scoring, articulation through the use of color, integrated rain gutters, simple columns, and a flat roof for both the buildings and the walkways. .Date Prepared: December 15, 2006 Meeting Date: January 9, 2006 Petition 06 -12- 000012 WAIVER REQUEST The applicant is reauestinia the following waiver (please see attached waiver iustification): Code Section Required Provided Recommendation Section 78 =144 entitled "Civic and Maximum Building height of institutional zoning district building height of 45' 6" Approval regulations" 45 feet 1. Section 78 -144 — Waiver to allow building height in a Public or Institutional zoning district to exceed 45' by 6 ". Applicant's Justification: The applicant has indicated that it does not `apply for waivers. Nevertheless, the applicant's proposal does not meet the minimum requirements of City Code, and therefore the plans must either be revised or a waiver must be granted: In order to meet the legal requirements ,for code compliance, City staff has included the waiver request within the application. Staff Recommendation: The waiver permits the construction of an educational facility within a Public or Institutional zoning district in excess of 45' in height. As the additional height is only minimally more than code allows, the visual impact will not be significant. Therefore, staff recommends . APPROVAL of the waiver. DEVELOPMENT REVIEW COMMITTEE The City's Development Review Committee performed a review of the project and determined that it is consistent with the City's Comprehensive Plan. PUBLIC NOTICE In accordance with Section 78 -54 of the City's Land Development Regulations, entitled Public Notice, the City sent notice of this public hearing via certified mail to all property owners within 500 feet of the site, and the applicant has posted the property. STAFF RECOMMENDATION In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site plan and considered its adequacy as it relates to environmental concerns, health, safety and welfare, and. effects on adjacent property. Staff has determined that the proposed site plan does not raise any environmental concerns, it ensures the health, safety and welfare of the students and faculty on the school campus, as well as that of the surrounding residents and visitors to the site; it minimizes negative effects on adjacent properties; and it is consistent with the City's Comprehensive Plan, as stated herein. Therefore, staff recommends APPROVAL of Petition PPUD- 06 -12- 000012 and the one waiver subject to the conditions of approval listed below. rel ■ Date Prepared: December 15, 2006 Meeting Date: January 9, 2006 a Petition 06-12- 000012 t r Planning and Zoning F 1. Prior to scheduling this petition for City Council review, the School District shall execute an agreement with the City stipulating that should the intersection analysis being conducted by the FDOT indicate there are the necessary warrants for a signalized traffic light at the intersection of Lilac Street and Military Trail, the School District will provide the necessary funding for the installation of the signal, as well as all necessary associated improvements, including any and all required improvements to the Lilac Street right -of -way, The District shall also provide a surety bond for the improvements, and both documents shall be subject to the review and approval of the City. The agreement and surety bond will be scheduled for the same City Council meeting as the subject petition. (Planning & Zoning, Police) 2. Approval of the subject application shall include approval of a right -of -way permit for constructing a driveway connection within the Lilac Street right -of -way at the western connection between Lilac Street and the student parking lot. (Public Works, Planning & Zoning) 3. Prior to scheduling this petition for City Council review, the School District shall provide the City with a Parking and Traffic Management Plan detailing how traffic flow and parking will w be handled during sporting and special events. The Plan shall be subject to review and approval by the Cn•owth Management Director or his /her designee. (Planning & Zoning) 4. Approval of the subject application shall grant the applicant the authority to construct N improvements for ingress and egress purposes within the property identified as "Parcel 2" within the Easement Grant between the School Board and the City of Palm Beach Gardens dated January 7, 1969. (ORB 1698; PAGE 1. 198) (Public Works, Planning & Zoning) 4. 5. Prior to issuance of the first building permit for vertical construction, the Applicant shall install a six -foot tall construction fence with a privacy tarp around the entire property line. Closure of the existing sidewalk shall be coordinated with the Growth Management Department. (Planning & Zoning) En ineering 1. Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) 2. Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 3. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 4. The applicant shall provide a letter of authorization fi-om the utility easement owners authorizing encroachment of the landscape buffers within their respective utility easements. (City Engineer) 5. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer) Police 1. Concurrent with the site plan approval and prior to initiation of construction, the applicant shall • install a six foot fence along the west, east, and south perimeter of the Garden Villas apartment i>. complex. (Planning & Zoning) 7 Date Prepared: December 15, 2o06 Meeting Date: January 9, 2oo6 k „Y Petition 06 -12- 000012 ., • Miscellaneous 1. Applicant shall notify the City's Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City of Palm Beach Gardens. In the case of a city right -of -way, the applicant has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right -of -way and the subject development site. (Public Works) CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section X78.52 (1) Comprehensive .plan. The proposed use is consistent with the comprehensive plan. Sta. Analysis: As demonstrated in the staff report for this petition,, staff has determined that the proposed school is consistent with the City's Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. Staff Analusis: Section 78 -159 of the City's LDR's, entitled Permitted uses; conditional, and prohibited uses, requires "Schools, Public and Private," located within a Public or Institutional (PI) zoning district to acquire conditional use approval from the City Council. The subject property has an underlying zoning of PI; therefore, staff has requested the application be processed as a Conditional Use. The proposed development plans are generally consistent with the requirements of the City's Land. Development Regulations. (g) Standards. The proposed use is consistent with the standards for such use as provided in Section 78 -159• Sta Analusis: The proposed use is consistent with the additional standards provided in Section 78 -1590 (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; C. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking,• and overall control; and e.' Providing adequate access for public safety purposes, including fire. and police protection. Staff Analysis:' Staff has determined that the proposed use provides for the aforesaid standards and,.therefore, provides for the public health, safety, and welfare. e , • (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: a. Noise; b. Glare; C. Odor; d. Ground -, wall -, or roof - mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs; g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; L Visual impact; and j. Hours of operation. Staff Analysis: As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties, including the issues listed above. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Staff Analysis: As provided in the staff report, the District has, made every attempt to minimize the negative impacts of the project on the adjacent properties. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. Sta f Analysis: The proposed site plan is generally consistent with the requirements of this chapter. (S) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. •NA (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. 2 s " , Staff Analysis: The site has functioned as a school since 1968. Furthermore, the proposed design of the school site, in staff s opinion, is compatible with the surrounding areas. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. StaffAnal°ysis: As mentioned above, the site has operated as a high school since 1968. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. Staff Analysis: is: Staff has reviewed the proposed use and found it to be in harmony with the intent of the City's LDRs and the Goals, Objectives, and Policies of the Comprehensive Plan. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. Staff Analysis: As provided in the staff report, the District has made every attempt to minimize the negative impacts of the project on the adjacent properties. • 13 -Environmental impact. The design of the proposed use minimizes any ( ) P � P P Y adverse impacts that may be created, including impacts. on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Staff Analysis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. �i Statutes & Constitution :View Statutes :- >2006- >Ch1013- >Section 33 Online Sunshine 0 Select Year: 2006 _ ... .........: ; The 2oo6 Florida Statutes Page 1 of 6 Title XLVlll Chapter 1013 view Entire Chapter K -20 EDUCATION CODE EDUCATIONAL FACILITIES 1013.33 Coordination of planning with local governing bodies. -- (1) It is the policy of this state to require the coordination of planning between boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities r are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services. Such planning shall include the integration of the educational facilities plan and applicable policies and procedures of a board with the local comprehensive plan and land '': development regulations of local governments. The planning must include the consideration of allowing N students to attend the school located nearest their homes when a new housing development is ;. constructed near a county boundary and it is more feasible to transport the students a short distance to ` an existing facility in an adjacent county than to construct a new facility or transport students longer • distances in their county of residence. The planning must also consider the effects of the location of IMV public education facilities, including the feasibility of keeping central city facilities viable, in order to encourage central city redevelopment and the efficient use of infrastructure and to discourage F„ uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and local road departments to assist in implementing the Safe Paths to Schools program administered by the Department of Transportation. (2)(a) The school board, county, and nonexempt municipalities located within the geographic area of a school district shall enter into an interlocal agreement that jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. The interlocal agreements shall be submitted to the state land planning agency and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by the state land planning agency. (b) The schedule must establish staggered due dates for submission of interlocal agreements that are executed by both the local government and district school board, commencing on March 1, 2003, and concluding by December 1, 2004, and must set the same date for all governmental entities within a school district. However, if the county where the school district is located contains more than 20 municipalities, the state land planning agency may establish staggered due dates for the submission of interlocal agreements by these municipalities. The schedule must begin with those areas where both the number of districtwide capital- outlay full - time - equivalent students equals 80 percent or more of the current year's school capacity and the projected 5 -year student growth rate is 1,000 or greater, or where the projected 5 -year student growth rate is 10 percent or greater. Statutes & Constitution :View Statutes :->2006->Ch 10 13 ->Section 33 : Online Sunshine Page 2 of.6 (c) If the student population has declined over the 5 -year period preceding the due date for submittal • of an interlocal agreement by the local government and the district school board, the local government and district school board may petition the state land planning agency for a waiver of one or more of the requirements of subsection (3). The waiver must be granted if the procedures called for in subsection (3) are unnecessary because of the school district's declining school age population, considering the district's 5 -year work program prepared pursuant to s. 1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no longer exist. The district school board and local governments must submit an interlocal agreement within 1 year after notification by the state land planning agency that the conditions for a waiver no longer exist. • I 11,� I* (d) Interlocal agreements between local governments and district school boards adopted pursuant to s. 163.3177 before the effective date of subsections (2) -(9) must be updated and executed pursuant to the requirements of subsections (2) -(9), if necessary. Amendments to interlocal agreements adopted pursuant to subsections (2) -(9) must be submitted to the state land planning agency within 30 days after execution by the parties for review consistent with subsections (3) and (4). Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement in which all join as parties. The state land planning agency shall assemble and make available model interlocal agreements meeting the requirements of subsections (2) -(9) and shall notify local governments and, jointly with the Department of Education, the district school boards of the requirements of subsections (2) -(9), the dates for compliance, and the sanctions for noncompliance. The state land planning agency shall be available to informally review proposed interlocal agreements. If the state land planning agency has not received a proposed interlocal agreement for informal review, the state land planning agency shall, at least 60 days before the deadline for submission of the executed agreement, renotify the local government and the district school board of the upcoming deadline and the potential for sanctions. (3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s. 163.3180(13)(g), except for exempt local governments as provided in s. 163.3177(12), and must address the following issues: (a) A process by which each local government and the district school board agree and base their plans on consistent projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction -wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local governments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, Statutes & Constitution :View Statutes :- >2006- >Ch1013= >Section.33 : Online Sunshine Page 3 of 6 including appropriate circumstances and criteria under which a district school board may request an • amendment to the comprehensive plan for school siting. (d) A process for determining the need for and timing of onsite and offsite improvements to support new construction, proposed expansion, or redevelopment of existing schools. The process shall address identification of the party or parties responsible for the improvements. (e) A process for the school board to inform the local government regarding the effect of comprehensive plan amendments on school capacity. The capacity reporting must be consistent with laws and rules regarding measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to s. 1013.35. (f) Participation of the local governments in the preparation of the annual update to the school board's 5 -year district facilities work program and educational plant survey prepared pursuant to s. 1013.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186. • (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. (4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding the executed interlocal agreement to the state land planning agency within 30 days after receipt of the executed interlocal agreement. The state land planning agency shall review the executed interlocal agreement to determine whether it is consistent with the requirements of subsection (3), the adopted local government comprehensive. plan, and other requirements of law: Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the agency's Internet site. The notice of intent must state that the interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this subsection as appropriate. (b) The state land planning agency's notice is subject to challenge under chapter 120; however, an affected person, as defined in s. 163.3184(1)(a), has standing to initiate the administrative proceeding, and this proceeding is the sole means available to challenge the consistency of an interlocal agreement required by this section with the criteria contained in subsection (3) and this subsection. In order to have standing, each person must have submitted oral or written comments, recommendations, or objections to .the local government or the school board before the adoption of the interlocal agreement by the district school board and local government. The district school board and local governments are ry • parties to any such proceeding. In this proceeding, when the state land planning agency finds the intertocal agreement to be consistent with the criteria in subsection (3) and this subsection, the • • Statutes & Constitution :View Statutes :- >2006- >Ch1013 -> Section 33 : Online Sunshine Page 4 of 6 interlocal agreement must be determined to be consistent with subsection (3) and this subsection if the local government's and school board's determination of consistency is fairly debatable. When the state land planning agency finds the interlocal agreement to be inconsistent with the requirements of subsection (3) and this subsection, the local government's and school board's determination of consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal agreement is inconsistent. (c) If the state land planning agency enters a final order that finds that the interlocal agreement is inconsistent with the requirements of subsection (3) or this subsection, the state land planning agency shall forward it to the Administration Commission, which may impose sanctions against the local government pursuant to s. 163.3184(11) and may impose sanctions against the district school board by directing the Department of Education to withhold an equivalent amount of funds for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72. (5) If an executed interlocal agreement is not timely submitted to the state land planning agency for review, the state land planning agency shall, within 15 working days after the deadline for submittal, issue to the local government and the district school board a notice to show cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the agency. The agency shall forward the notice and the responses to the Administration Commission, which may enter a final order citing the failure to comply and imposing sanctions against the local government and district school board by directing the appropriate agencies to withhold at least 5 percent of state funds pursuant to s. 163.3184(11) and by directing the Department of Education to withhold from the district school board at least 5 percent of funds for school construction available pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72. (6) Any local government transmitting a public school element to implement school concurrency pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to amend the element or any interlocal agreement to conform with the provisions of subsections (2) -(8) if the element is adopted prior to or within 1 year after the effective date of subsections (2) -(8) and remains in effect. (7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s. 163.3177 (12) are exempt from the requirements of subsections (2), (3), and (4). (8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under s. 163.3177(12). If the municipality continues to meet these criteria, the municipality shall continue to be exempt from the interlocal agreement requirement. Each municipality exempt under s. 163.3177(12) must comply with the provisions of subsections (2) -(8) within 1 year after the district school board proposes, in its 5 -year district facilities work program, a new school within the municipality's jurisdiction. (9) A board and the local governing body must share and coordinate information related to existing and planned school facilities; proposals for development, redevelopment, or additional development; and infrastructure required to support the school facilities, concurrent with proposed development. A school 'Tf1H" Statutes & Constitution :View Statutes :- >2006- >Chi013 -> Section 33 : Online Sunshine board shall use information produced by the demographic, revenue, and education estimating Page 5 of 6 •conferences pursuant to s. 216.136 when preparing the district educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement, and the Office of Educational Facilities and SMART Schools Clearinghouse, in consideration of local governments' population projections, to ensure that the district educational facilities plan not only reflects enrollment projections but also considers applicable municipal and county growth and development projections. The projections must be apportioned geographically with assistance from the local governments using local government trend data and the school district student enrollment data. A school board is precluded from siting a new school in a jurisdiction where the school board has failed'to provide the annual educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is corrected. (10) The location of educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body developed under part II of chapter 163 and consistent with the plan's implementing land development regulations. (11) To improve coordination relative to potential educational facility sites, a board shall provide written notice to the local government that has regulatory authority over the use of the land consistent with an interlocal agreement entered pursuant to subsections (2) -(8) at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility. The local government, upon receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is " consistent with the land use categories and policies of the local government's comprehensive plan. This • x preliminary notice does not constitute the local government's determination of consistency pursuant to subsection (12). (12) As early in the design phase as feasible and consistent with an interlocal agreement entered pursuant to subsections (2) -(8), but no later than 90 days before commencing construction, the district school board shall in writing request a determination of consistency with the local government's comprehensive plan. The local governing body that regulates the use of land shall determine, in writing within 45 days after receiving the necessary information and a school board's request for a determination, whether a proposed educational facility is consistent with the local comprehensive plan and consistent with local land development regulations. If the determination is affirmative, school construction may commence and further local government approvals are not required; except as provided in this section. Failure of the local governing body to make a determination in writing within 90 days after a district school board's request for a determination of consistency shall be considered an approval of the district school board's application. Campus master plans and development agreements must comply with the provisions of ss. 1013.30 and 1013.63. (13) A local governing body may not deny the site applicant based on adequacy of the site plan as it relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use policies and categories in which public schools are identified as allowable uses, the local government may not deny the application but it may impose reasonable development standards and conditions in • accordance with s. 1013.51.(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may 1> Statutes & Constitution :View Statutes :- >2006- >Ch1013 -> Section 33 : Online Sunshine Page 6 of 6 not be imposed which conflict with those established in this chapter or the Florida Building Code, unless • mutually agreed and consistent with the interlocal agreement required by subsections (2) -(8). • (14) This section does not prohibit a local governing body and district school board from agreeing and establishing an alternative process for reviewing a proposed educational facility and site plan, and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections (2) -(8). (15) Existing schools shall be considered consistent with the applicable local government comprehensive plan adopted under part II of chapter 163. If a board submits an application to expand an existing school site, the local governing body may impose reasonable development standards and conditions on the expansion only, and in a manner consistent with s. 1013.51(1). Standards and conditions may not be imposed which conflict with those established in this chapter or the Florida Building Code, unless mutually agreed. Local government review or approval is not required for: (a) The placement of temporary or portable classroom facilities; or (b) Proposed renovation or construction on existing school sites, with the exception of construction that changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in accordance with subsections (2) -(8). History. - -s. 23, ch. 2002 -296; s. 828, ch. 2002 -387; s. 129, ch. 2003 =1; s. 18, ch. 2005 -290. Copyright © 1995 -2006 The Florida Legislature • Privacy Statement • Contact Us r", ] Y4286 rAsr-mm GRANT THIS INDENTURE made this 7th day of January, 1969, between THE BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY, ?LORIDA, a public sehool corporation, as party of the first part, and THE CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hi" its principal offices at 3704 Burns Road, Palm Beach Gardens, h County, Florida, as party of the second part. >cVXTNESSM, that the jifty of the first part, for and in oTial: ogWon of the sum of One Dollar ($1.00) and other valuable conal erat!, 4D paid, receipt of which is hereby acknowledged, does hereby emise, release, Quit claim and convey unto the party of the secod rt c a successors and assigns forever, the following tua MA described.1:4,ci, it te, lying and being in Palm Beach County, Florida, to-wit Pa el 1: a ri f land for road right-of-way in the Sout Quarter of Section,12, -Township 42 W_ CAM X I South nge 2 Mast, being more particularly desert ed.�a the West 50"feet of the East 22 1117. f the N6rth 150. feet of the South 12 :t of said Section 12; z Parcel z *—A stap in the Toay 4 wnship rtic rly 01' W r road right-of-way in the Southeast Section 12, Township 42 South, Range at, being more particularly. 4 i 2 described as '50 feet of the Past 1; f t of ee the 1547.22 feet -o rth 150 feet of the n I . South 1200 feet aid Section 12. This conveyance is mad the purpose of giving and 3 1n2: granting to the party of the seco assigns, its successors and assis, its right title and interest in and to easement for ingress and egress as granted to party•of the firs in Warranty Deed dated April 28, 1965 and recorded in the Palm nty circuit Clerk's rr office in Official Record Book 1200, at jfa" as a right-of-way and easement for road purposes, and is maduted and delivered upon the following express understandings and conditions: (a) That party of the second part shall, at Its expense, immediately after delivery of this, grant, provide and maintain a ,41# 3 V compacted shall road over Easement Parcel #1, hereinabove described, Ifs such road to be adequate to suppor t all basic motor vehicle traffic over said Easement'Parcel #1. • (b) That party of the second part shall, at its expense, and within one year from the date of delivery of this grant, install THis nrTRumENT wAs PREPARED BY: McKsou & jAcxsoN ATTORNEYS AT LAW, 230 Royal Palm way, Palm Beach, Florida JACKSON &NO JACKSON. 4TTO"MgVS AT LAW.230 ROVAU PALM W^V, PALM ORAC". ►LOPICA L` a paved surface on said shell road over said Easement Parcel #l, such paving to be done in accordance with established specifications of said party of the second part. (c) That -party of the second part shall, at its expense., ov and maintain basic swale type drainage in said Easement (d) That party of the second part shall, at its expense and I the discretion of the City Council, make improvements in and to Pare similar to those made.to Parcel #1 as above referred- to, as "hen the need for same shall arise based on future usage and needs. '�� ( T t should the use of same ever be discontinued or abandoned for rgab urposes or should party of the second part fail to comply with aiiMeve'nt Sthe understandings and conditions above referred- to, then and in the title to said parcels, or either of them, shall to and revest in the party of the first part, its successors o�(ag�;.gns. t� TO HAVE AND TO T� the appurtenances thereto Vbor' 1 appertaining, and all the est whatsoever of the party of the the only proper use, benefit and SAME, together with all and singular or in anywise incident or title, interest and claim ,t, in law or in equity, to of the said party of the second part, its successors and ass IN WITNESS WHEREOF, the par the first part has cussed these presents to be duly executed in t" " by its Chairman, and its corporate seal to be affixed, attea t8d {J�its Secretary, the date first above written. Signed, sealed and delivered in-the presence of: 0 SEAL) THE HOARD OF'PUBLIC INSTRUCTION OF PALM BEACH COMM, FLORIDA By_1C'�Ji'%? Its / I Chairman ATTEST: C.J is ecre ary -2- &SAG98 cE1199 d AMOAACASOM_ ATTO YS AY LAW_A30 SOYAL ♦ALM Y V. VALM Mt^CM. ILOMIOA I STATE OF FLORIDA ) COM= OF PALM BEACH )) Before me personally appeared ROBERT R. JOHNSON and LLO F. EARLY to me well known and (mown to me to be the individuals ,so d in and who executed the foregoing instrument as Chairman ats �ttary of the Board of Public Instruction of Palm Beach Coup lorida, and severally acknowledged to and before me that they a ecu e6 such instrument as such officers respectively and that th instrument is the free act and deed of said Hoard. S my hand and official seal this 7th day of January, 19 Notary Publie,state or or a at large My Commission Expires: N" % lke, P-!t of Rom11 it 4roe sa, :ass 30. 1971 0. ��� h.IMbM.riwNn[CnWtOY „� V�n�) L r s ReCAW in OfRcw Record Bco — Of Palm Beach County, f WYO MR B. Dunne CWk d C rad Court 0:11698 ;:ct1200 JACMXOM AND JACA80M. ATTOANCT[ AT LAW.LOO ROYAL OALM MMY. I #LM litACN. ILOAIDA �v _ • 'Lzt s ReCAW in OfRcw Record Bco — Of Palm Beach County, f WYO MR B. Dunne CWk d C rad Court 0:11698 ;:ct1200 JACMXOM AND JACA80M. ATTOANCT[ AT LAW.LOO ROYAL OALM MMY. I #LM litACN. ILOAIDA • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum 0 0 1• Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. CUMJ- 06 -11- 000007 Subject/Agenda Item: Petition CUMJ- 06 -11- 000007: Police Communication Tower, at Parcel 12.01 (9290 Park Lane) Public Hearing & Recommendation to City Council: 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. [X] Recommendation to APPROVE with 3 waivers [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB Action: Planning I Growth Mana ement: [ ] Approved Manager' Project Costs: $ N/A [ x ] App. w/ conditions Brad Wiseman Manager 4.rrero Total [ ] Denied Richard [ ]Rec. approval Planning and Zonin Planner $ N/A [ ] Rec. app. w/ conds. Director_ Current FY [ ] Rec. Denial Talal Benothman, AICP [X] Quasi – Judicial [ ] Continued to:. [ ] Legislative Funding Source: City Attorney [X] Public Hearing Attachments: Christine Tatum [ ] Operating Advertised: [X] Other—NA • Site Plan - Developmentg / 1 [ X ] Required • Conditional Use Compliance [•✓ Date: 12/29/2006 Budget Acct. #: Analysis Bahareh Wolfs, AICP Paper: Palm Beach Post NA . Site Plan Growth Manage t Administrator . Kara Irwin, AICP Accountant Tetty Labossiere Approved By: Ronald M. Ferris Affected parties: [X] Notified City Manager [ ] Not Required Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. CUMJ- 06 -11- 000007 • BACKGROUND Permitted Uses on Public Property The City of Palm Beach Gardens Police Department recently purchased new equipment to expand their radio coverage areas within the City. The new equipment is lacking a stabilized signal source around the southern portion of the City's boundary, and specifically the eastern Northlake Boulevard area. The Police Department has determined that a communication tower is necessary to maintain the equipment operating at acceptable performance levels. The tower site will have restricted access and will be used for the transmission of police communication signals. The Police Department has expressed that the proposed tower site will greatly expand radio coverage and improve public safety. In the future, there is the possibility that a request could be made.to co- locate additional antennas on the monopole. Should a request for co- location occur, it can be processed administratively pursuant to Code Section 78 -159 (n.64) 3(iii). LAND USE & ZONING The future land use designation for this site is Public (P) and the zoning is Public /Institutional (P /1). As identified in Section 78 -159 (n.64)(aa), this is a permitted major conditional use. PROJECT DETAILS • Site Plan The proposed telecommunication tower is proposed to be located along the northern property line of the subject parcel adjacent to the SUA's property. According to Section 78 -159 (n.64)(ff), a major conditional use review is required when an antenna fails to meet all the criteria and standards for approval. Therefore, a conditional use analysis based on the criteria provided for in the LDRs has been provided (please see attached). The design of the proposed tower consists of a 185 -foot monopole. The monopole is designed as a "bend- over" pole. This means the bottom of the pole will be designed to over - stress and buckle with a projected fall radius of 92 feet. This 92 -foot fall distance will not have any impact on any adjacent uses to the tower site (please see attached engineering report). The tower site will be approximately 60 feet wide by 60 feet long. The tower site will be setback from the adjacent properties as follows: from the west property line 190 feet; from the east property line 410 feet; from the south property line 210 feet; and to the north property line by 20 feet. The property to the north is SUA's site and is located in unincorporated Palm Beach County and is mainly used for water storage purposes. The City's Land Development Regulations require that towers be setback from residential land uses by the greater of 500 feet or 300 percent of the tower height. The proposed tower height is • 185 feet, therefore, the required setback from the adjacent residential uses is 555 feet. The tower is setback from the residential uses as follows: from the east 410 feet; from the west 190 feet; and from the south 210 "feet, therefore, a waiver from the setback requirements for the tower is OA Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. CUMJ- 06 -11- 000007 being requested (please see waiver section). Code Section 78- 159(n.64)0), Separation, states that towers must be separated from existing towers by a distance not less than one mile. A communication tower is located on Old Dixie Highway, which is located in unincorporated Palm Beach County, and is approximately 1,369 feet from the tower site, therefore, a waiver is requested for relief from this provision (please see waiver section). In addition to separation requirements, there are also height restrictions for communication towers. Code Section 78- 159(n.64)(1) states that a maximum height of 150 feet is permitted for towers with a capacity for three users. The proposed tower height exceeds the maximum height permitted by Code by 35 feet, thus a waiver is requested from this Code requirement (please see waiver section). Landscaping & Buffering A landscape plan shall be submitted and 'accepted by the City Forester prior to the issuance of a building permit. Sinae The communication tower site will be required to post "HIGH VOLTAGE- DANGER" and "NO TRESPASSING" warning signs, permanently attached. to the surrounding fence, with letters at a minimum height of twelve inches. Prior to the issuance of the letter of completion, the. Growth Management Department shall field check the site to ensure that the signs have been installed in • accordance with City Code. • Site Lighting Lighting for the tower will be in accordance FAA/FCC regulations. Additional lighting beyond FAA/FCC regulations is not permitted. CPTED Compliance To allow for security and safety, the gray- colored tower shall be secured by an eight- foot -high black vinyl clad chain link fence. The fence will be gated and locked at all times except when tower equipment maintenance is occurring. (The remainder of this .page left intentionally blank.) 3 Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. CUMJ- 06 -11- 000007 Waivers Code Section Required Provided Waiver Staff Recommendation Section 78 -159 Towers shall be 410 feet to the 145 feet to the Approval (n.64)(gg) separated from res. east; 210 feet to east; 345 feet Setbacks uses by the greater of the south; and to the south; 500 feet or 300 190 feet to the and 365 feet percent of the tower west to the west. height (555 feet) Section 78 -159 Towers must be 1,369 feet 3,911 feet Approval (n.64)(j) separated from Separation existing towers by a distance not less than one mile Section 78 -159 150 feet for a tower 185 feet 35 feet Approval Height (n.64)(1) with a capacity for three users 1. Staff recommends approval of the waiver to allow for the communication tower-to be setback from the adjacent residential uses by 410 feet to the east; 210 feet to the south; and 190 feet to the west. City Code Section 78- 159(n.64)(gg) states that the tower shall • be separated from residential uses by the greater of 500 feet or. 300 percent of the tower height (555 feet). Staff supports this waiver because the communication tower is necessary for the Police Department's radio devices to function at an acceptable level, which in turn, will enhance public safety. Furthermore, City staff and the Police Department extensively searched for areas within the geographical range and determined this site was the most suitable for the monopole. The tower site will be landscaped and screened in order to ensure the mechanical equipment will not cause a negative aesthetic impact to the surrounding uses. The design of the proposed tower consists of a 185 -foot monopole. The monopole is designed as a "bend- over" pole. This means the bottom of the pole will be designed to over - stress and buckle with a projected fall radius of 92 feet. This 92 7foot fall distance will not have any impact.on any adjacent uses to the tower site. 2. Staff recommends approval of the waiver to allow for the communication tower to be located 1,369 feet from an existing tower. City Code Section 78- 159(n.64)0) states that towers must be separated from existing towers by a distance not less than one mile. The existing tower is separated from the proposed tower by 1,369 feet. Staff supports the waiver from the separation requirement because City staff and the Police Department inventoried tower sites throughout the City and determined that the existing towers in the area do not meet the 185 -foot height requirement needed to ensure adequate radio • coverage. 4 Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. CUMJ- 06 -11- 000007 • 3. Staff recommends approval of the waiver to allow for the height of the tower to be 185 feet. City Code Section 78- 159(n.64)(1) states that the maximum tower height cannot exceed 150 feet and a capacity of three users. The proposed tower height is 185 feet and can accommodate six users. Staff supports the waiver to allow the tower height to exceed 185 feet because the tower can accommodate up to six users. Thus, the possibility of co- locating additional antennas, which is encouraged by the City, could result in the lessening the need for additional towers to be constructed in the surrounding area. STAFF RECOMMENDATION Staff recommends approval of Petition No. CUMJ- 06 -11- 000007 with three waivers and the following conditions of approval: 1. Landscaping shall be maintained at the lessee's expense in perpetuity in order to ensure screening and aesthetic compatibility with the adjacent properties. (Planning &Zoning) 2. Prior to the issuance of the letter of completion,, Growth Management staff shall field check the site to ensure that warning signs have been installed in accordance with code the requirements. (Planning & Zoning) 3. The total height of the monopole tower shall not exceed 185 feet. (Planning & Zoning) 4. The maximum capacity of users that can be co- located on the tower shall not exceed six (6) users. (Planning & Zoning) 5. The tower shall be constructed of a galvanized steel or painted gray to reduce the visual impact to the adjacent residential uses. (Planning & Zoning) 5 CONDITIONAL USE ANALYSIS WIRELESS COMMUNICATIONS ANTENNA PALM BEACH GARDENS, FLORIDA NOVMEBER 6, 2006 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 the City's property located at 9290 Park Lane, which is located north of the Hilltop Mobile Home Park and south of Seacoast Utility Authority's property in the City of Palm Beach Gardens. City Code Section 78 -159, Table 21: Permitted, Conditional, and Prohibited Uses, wireless telecommunication. facilities are a major conditional use when all of the criteria required by City Code are not met. Therefore, due to the fact that the wireless communication tower does not meet all of the criteria required by City Code; a conditional use analysis is required. In accordance with Section 78 -159 (n.64)'(fji, Conditional use review, the following is a Conditional Use Analysis based on the criteria as set forth in that section. 1. Separation. An inventory of all existing tower sites has been provided with this • application (please see attached). The proposed tower location is approximately 1,369 feet from the nearest existing tower, which is located in unincorporated Palm Beach County. City Code requires that towers be separated from other towers by one -mile regardless of municipal boundaries. None of the existing tower sites in the geographic search area meet the criteria that the Police Department's radio devices require. 4 2. Height. City Code Section 78 -159 (n.64) (1) states that the maximum height for an antenna shall be 150 feet with the capacity for three users. The height of the proposed antenna is 185 feet with the capacity for six users. The existing towers in the geographic search area do not meet the 185 -foot height requirement that the Police Department's radio devices require. Furthermore, the monopole can accommodate six users which encourage co- location of additional antennas rather than constructing additional towers. 3. Setback requirements from residential uses. City Code Section 78 -159 (n.64 (gg) states that the setback for the tower shall be separated from residential land uses by the greater of 500 feet or 300 percent of the tower height. Therefore, the proposed height of the monopole requires a setback of 555 feet from the adjacent residential properties to the south and east of the subject site. The tower site is setback from the adjacent residential uses as follows: from the west property line 190 feet; from the east property line 410 feet; and from the south property line 210 feet. The City. chose this location for the tower in an effort to be sensitive to the property owner's to the east (Hilltop Park located in Palm Beach County) and ". oT to the future development that will occur to the south of the.monopole. There are • several SUA easements that are located throughout the property and require a 20- foot minimum setback for access purposes. The tower is located in an area that will not conflict with the SUA easements or the Congress Avenue Roadway Extension. 4. Nature of uses on adjacent and nearby properties. The adjacent uses to the subject site are as follows: to the north is the SUA's water storage facility located in unincorporated Palm Beach County; to the east is the C -17 canal; to the south is the Hilltop Mobile Home Park that is currently vacant and-located in the City; and to the east is Hilltop Mobile Home Park located in unincorporated Palm Beach County. The proposed location of the tower site was chosen after an extensive search of suitable tower locations. Not one of the existing towers met the height criteria needed by the Police Department to ensure signal strength. The proposed monopole will be screened to the furthest extent possible from the adjacent uses and the pole will be painted gray to reduce the visual impact to the. surrounding residential uses. 5. Existing vegetation, tree coverage, and foliage on the proposed tower site and surrounding properties. The City Forester, will be required to review and approve a plan that adequately screens the mechanical equipment and the base.of the tower from the adjacent uses. 6. Design of the proposed tower. The design of the proposed tower consists of a 185 -foot monopole. The monopole is designed as a "bend- over" pole. This means the bottom of the pole will be designed to over - stress and buckle with a projected fall radius of 92 feet. This 92 -foot fall distance will not have any impact on any adjacent uses to the tower site (please see attached report). 7. Aesthetics. The proposed monopole measures 185 feet from the base of the tower to the top of the pole. The proposed tower's exterior surface will consist of a galvanized steel finish or be painted a neutral gray color to further reduce the visual impact to the adjacent residential uses. 8. Lighting. Signals, artificial lights, or illumination shall not be permitted on any tower unless required by the FAA/FCC, pursuant to City Code Section 78 -159 (n.64). I 0 30V4S N3dO nzmn6 3dVO96NV 3� ]A, s 69'815 V3UV x— x— x— x —x —x =x m° 'd" 3oN3.1 g00At H'JIH,9- 110 N S f - 00d 4 SNOIIVOO`I IVJIdKL M - X x d01OIS J,SV7 NO )MVI03JS Sv S30VdSONI51NVd3H1O13 Z!1 I n I d x SN6U.Vnm Ivmdll Ni dO aO1S'TSVN NO AI'MO3d SV ONV'SI9tlN12N3L 9141. 013! o n 1 y X ONV N 8S'Lb1 3 „£0,9£ °IO N �� % �j y tlN (lJ'11'1" 1 w NOIltl1S LI71 ONy Nd11L1 I ,V•I) 3 INVHIN3Ag'dS 3SOVJ7t]SS -1 .OL ONtl N111J3i13NJ TI_LIinU 3S.• NV3N NO7.LVNVdi1S .i9 _ ONIOV ✓ 3 I I 113M klddns I ( Q zP' s3111•Tia.n Vd08 1 I H31VM ON11SIX3 do asn'V03u WO1L4,o61 1 0 x 31VOOWTV03OV 01499ov, MNNVJ_ 1IV NI ,'s3,l.nu:n D^�j 1 1 I d0 asilvo33 dS N3d0 .Ii I I j � x alvoommoz)v. _.LONNV9 N3d 6WlVJ 'fi'tr 1 01 iZ'81 'LI'9I �y3ry I I I N V Z I/ IWEI z15atM.iaat JSO 7e I ' x S NVILL SS31 SC1NV I$I 3ntlTlsofyimine I v ONIM(num 3N1 J's W; . ;c 31,111 1N P1 AadOTid NO F ti I ID➢ �- I D SON3d XOQMOOVIIS 3NI'I Aim m N3doom TI D)H .9 .0 JIOVfl. I�I :3fi - N9SS3 "I SI1 \ 3 3 1 Ix SCJ07CVW..MHOJB{. 'I" I I -i Nx O3SOJONd. O3J.LIWN3d (1NV 1N31Nlt �N( xi I.... y 31 1 I o � m .1 1 ! n ll W.I. N V I 1 m m f x_ x 3 N °� I •.1VJ m m V n'S.S3 Al I. J 713M AlddllS. Im \ / m I 2i3.. 4 N11$IX3 ;1 / =/ S3s0aagd OV08 i z. N0 .1'LWS3 3OIM,if1'R3 7. x_x_x_ 0. ..li •,` Jig <. /� 1 j r � ^J' / r ,�,� � r � rC �!„�a: r r Z l I L l I O( I 6 (ja 'Od 0UZ I � I 9 I c' I� � I £ I Z o) s3gpolina dvo91 (NqVd 3W:0H 1110OW 2,16.1 '1WS3 301M,Oi ' %3 I 8 I ){ 0 1 81 r I D a CONDITIONAL USE ANALYSIS WIRELESS COMMUNICATIONS ANTENNA PALM BEACH GARDENS, FLORIDA NOVMEBER 6, 2.006 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 the City's property located at 9290 Park Lane, which is located north of the Hilltop Mobile Home Park and south of Seacoast Utility Authority's property in the City of Palm Beach Gardens. City Code Section 78 -159, Table 21: Permitted, Conditional, and Prohibited Uses, wireless telecommunication facilities are a major conditional use when all of the criteria required by City Code are not met. Therefore, due to the fact that the wireless communication tower does not meet all of the criteria required by City Code; a conditional use analysis is required. In accordance with Section 78 -159 (n.64) (ft), Conditional use review, the following is a Conditional Use Analysis based on the criteria as set forth in that section. 1. Separation. An inventory of all existing tower sites has been provided with this • application (please see attached). The proposed tower location is approximately 1,369 feet from the nearest existing tower, which is located in unincorporated Palm Beach County. City Code requires that towers be separated from other towers by one -mile regardless of municipal boundaries. None of the existing tower sites in the geographic search area meet the criteria that the Police Department's radio devices require. . 2. Height. City Code Section 78 -159 (n.64) (1) states that the maximum height for an antenna shall be 150 feet with the capacity for three users. The height of the proposed antenna is 185 feet with.the capacity for six users. The existing towers in the geographic search area do not meet the 185 foot height requirement that the Police Department's radio devices require. Furthermore, the monopole can accommodate six users which encourage co- location of additional antennas rather than constructing additional towers. 3. Setback requirements from residential uses. City Code Section 78 -159 (n.64 (gg) states that the setback for the tower shall be separated from residential land uses by the greater of 500 feet or 300 percent of the tower height. Therefore, the proposed height of the monopole requires a setback of 555 feet from the adjacent residential properties to the south. and east of the subject site. The tower site is setback. from the adjacent residential uses as follows: from the west property line 190 feet; from the east property line 410 feet; and from the south property line 210 feet. ,The City chose this location for the tower in an effort to be sensitive to the property owner's to the east (Hilltop Park located in Palm Beach County) and to the future development that will occur to the south of the monopole. There are • several SUA easements that are located throughout the property and require a 20 foot minimum setback for access purposes. The tower is located in an area that will not conflict with the SUA easements or the Congress Avenue Roadway Extension. 4. Nature of uses on adjacent and nearby properties. The adjacent uses to the subject site are as follows: to the north is the SUA's water storage facility located in unincorporated Palm Beach County; to the east is the C -17 canal; to the south is the Hilltop Mobile Home Park that is currently vacant and located in the City; and to the east is Hilltop Mobile Home Park located .in unincorporated Palm Beach County. The proposed location of the tower site was chosen after an extensive search of suitable tower locations. Not one of the existing towers met the height criteria needed by the Police Department to ensure signal strength. The proposed monopole will be screened to. the furthest extent possible from the adjacent uses and the pole will be painted gray to reduce the visual impact to the surrounding residential uses. 5. Existing vegetation, tree coverage, and foliage on the proposed tower site and surrounding properties. The City Forester will be required to review and approve a plan that adequately screens the mechanical equipment and the base of the tower from the adjacent uses. 6. Design of the proposed tower. The design of the proposed tower consists of a 185 foot monopole. The monopole is designed as a "bend- over" pole. This means P P � P the bottom of the pole will be designed to over- stress and buckle with a projected fall radius of 92 feet. This 92 foot fall distance'will not have any impact on any adjacent uses to the tower site (please see attached report). _ 7. Aesthetics. The proposed monopole measures 185 feet from the base.of the tower to the top of the pole. The proposed tower's exterior surface will consist of a galvanized steel finish or be painted a neutral gray color to further reduce the visual impact to the adjacent residential uses: 8. Lighting. Signals, artificial lights, or illumination shall not be permitted on any tower unless required by the FAA/FCC, pursuant to City Code Section. 78 -159 (n.64)., • • AZ . ....... ul I . .......... Aielillw ULiA Ll=! ii re 9311duinj epli6ij i -* ............. .. T at p, 4Y ssair"o. .. v I U) Z Efiri .. I U) Z • w (D A'2 < lb 2 R Z < w .... .. .... - ( 0 a_ LL I 0 0 aUl y J. FO E) ANO COMPANN "RUCTUR.A. L :E N G I N E F R 51 Fast,Broad Slrmif # 'Suite 1500 * Coflumbus. ONO 43275 • September 12, 2006 Sform Radar 40:78 orth Quail IN dg Dr... N. Bounion Beach., FL 33436 Mtn; Tim" Ware, Re'. Proposed 1B5-ft Monopole Loc,ate,din:P.aln7i..: Beath ,Co.,, FL, PA.1m. Bea ch. Gardem: sits ., Pf Pro ect #29206-288 f PST #27354 Dear Mr, Ware: 1] czr ier:5 e �4,16,d to. w ithst.And a, basic wfqd The nionopole I be desigm with six (6 ►d: and d Si�O_;, wil W.1 'Or -a rr -ec-, m ' d I 't f P I d vefoci min of 140 mpf 71 eets the TIA [m u m r ,om ,nd'e w vewct.51 tY 1. 11s m Beach Colinty. The design also complies W'ftli fh:e, 2004 Flo Building: Code vvW2.006 Sumalem en! 6-. The TLAv.2.22.-C" basic wind%vefoci is a peak f 3 �— ecbnd,. gu. :stV ec:wi':.nd velocl y C.OLUIABU.S, OHIO ATLANTA, GEORGIA OR.L�AN11,104. FLORIDA 1:.43 21 2 f - 9 (404) 26&-,2.407 (4071 098:, =9439 (6,14) 44-JR-4 105 (Ab4l 669-4�08 897-3662 r I Oembler 12, 2006 Page 2 of 21 Storm Radar Att.n, T Ware ReA. Proposed 18,5-ft Monopole Located In Pa Beach C.O,, F'L:, Palm Bea ch Gardens:$fta .PJF. Fiqfect #29206-29.8 /PST #27354, for e ho e th S re-We f the monapole dessign has givein YOU a1preater de ge M. OtgOrding the desigh capacity iohetrent in pole qr4t ees. Pteas.6 feej free: tO ca.l[l with4n.,t) iltb�. giad�: . ii-Ais(CUS! ed, -166 .9 d� wi com, m., e�nts you may have. We can, be reachi :at (6,44) 22 ,.. 7, an. Matter. -tat ti If you li;�ve oy questions, -pllease do nut hes,i . e l� Call, Sincerely, PAUL : JL FORD AND: COMRA.NY • 1 S Oembear 12, 2006 Page- 2 Of 2* Storm. Radar Attn, TTM Ware Re: Proposed 185-ft Monopole --ach (�ardehs Site Located. 'b Palm Beach -Co, FL: Palm Bc F'j F Project #29206 -288 / PST #2 7354 if � o Ii aver any q plleas� do not hesitate to Call. ,Sin n re I. yx .PAUL J. FORD AN InD CON4PANY Nlichazel F. PzIa,,h.ovin.sa,k..P._'E,. • • September 15, 2006 Mr. Bill Waugaman L. Robert Kimball & Associates Ref: Proposed 150 ft Monopole for "Site Name Here ", Palm Beach County, FL (Sabre Proposal #) Dear Mr. Waugaman, The proposed Monopole will be designed for a maximum Basic Wind Speed of 120 mph, in accordance with the Electronics Industry Association Standard EIA/TIA- 222 -F, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures." The Monopole will also be designed to meet the 2004 Florida Building Code wind speed of 140 mph 3- second gust. . When designed according to these standards, the wind pressures and steel strength capacities include several safety factors, resulting in an overall minimum safety factor of 25 %. Therefore, it is •highly unlikely that the Monopole will fail structurally in the event of a wind event where the design wind speed is exceeded within the range of the built -in safety factors. Should the wind speed increase beyond the capacity of the built -in safety „factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within one of the Monopole shaft sections. This would result in a buckling failure mode, where the steel shaft would bend beyond its elastic limit (beyond the point where the shaft would return to its.original shape upon removal of the wind load). Therefore, it is likely that the overall effect of an extreme wind event would be localized buckling of the Monopole shaft. Assuming that the wind pressure profile is similar to that used to design the monopole, the shaft will buckle at the location of the highest combined stress ratio in the upper half of the Monopole. This would result in the portion of the Monopole above the failure location "folding over” onto the portion below the failure location. This, in turn, would result in collapse of that section to the ground within a radius of 50 ft. Please let me know if you have. any questions or require additional information. Sincerely, SABRE COMMUNICATIONS CORP TM r IF 0. • ils .� O m� V W v 10 - vi s a �A I, �Y; '" u. ►fit N �J 'h 74r Yi,t� Jj 9r k�± U a V 7 1 u- � " P r �.u! �`�r a� �a� � �� IA y��� 'at ��^x "iii �� �� `�4 N �•'�� U C 9 LA 0 cc M O O a N O r n N s r n N M N M . u. „5 p 0 0 O O p p O O O O O O O O O O" I In r rry N C N t N ai e e� N N �y ! N t N N N N N N LO LO t to i i U U') iC d c co `� l N 4 1 N N . (l1 t ' r. 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' t7 § §:' J • •Y ~rte '� � U � � U U U,• U � , , �, # # c `.° j jF' c° E E ? / rl U (n p p U f x�hQ, I .t'e i i 4T t tyY'Y. j j�yr: ' OR S� r - -�; « «••'<'. ,,mod I (�� N 00 q qtr ' 'c} a0 N � �5y`r O i i r O O O r „<„ ' 'a a a o or " acs . o o o q quo o { "ia{ ° o { 1 U U a a EM r r a a ySiqA • i�r r r ` `� 1 { N� ��. t I Id.- 1 t t— . .` "� n n #i 'TC x�V -rl�a F 'R. w �i 5 fn 5 1 F 1 7 7.4 G'�' i IT 2X i i�4} 1 S S J4 ( @,Y4 d d a 6 � U C 9 LA 0 cc M O O a N O C7 ,r CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: 'December 20, 2006 Meeting Date: January 9, 2007 Petition No. MISC- 06 -11- 000019 Subject /Agenda Item: Petition MISC- 06 -11- 000019 — Amending Master Signage Program for City Centre Planned Unit Development Recommendation to City Council: A request by Urban Design Studio, agent for Lydian Bank to amend the Master Signage Program for the City Centre Planned Unit Development (PUD) to allow waivers for the location and number of wall signs for Lydian Bank. The site is located at the southwest corner of PGA Boulevard and U.S. Highway One on Parcel B at the City Centre PUD. [ X ] Recommendation to APPROVE with Two (2) Waivers Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, and Growth Management: Appeals Board Planning & Zoning �Director: Action: Allan Owens Project Administrator Talal M. Benothman, AICP Manager [ ] Rec. Approval Jackie Holl an, AICP ] Rec. Approval City Attorney: Planner B ilding Accountants f w /conditions � &' [ ] Rec. Denial Christine P. Tatum tty Labossiere [ ] Continued to: Deve pment Compliance: [ X ] Quasi - Judicial Fees Paid: ✓]Yes [ [ ] Legislative Bahareh K. Wolfs, AICP [ ] Public Hearing Growth Management Funding Source: Attachments: Advertised: Admini trator: . Ordinance 26, 1997 Date: Paper: [ ] Operating . Applicant's [X] Other NA Justification Kara Irwin, AICP • Plans & Photographs [ X ] Not Required Approved By: Budget Acct. #: City Manager: Public Notice: NA [ ] Yes [ X ] Not required Ronald M. Ferris Date Prepared: December 20, 2006 . Meeting Date: January 9, 2007 Petition No. MISC- 06 -11- 000019 0 BACKGROUND On April 17, 1997, the City Council adopted Ordinance 15, 1997, which approved an amendment to the Oakbrook Center Planned Unit Development (PUD) and the Flame Building Planed Unit Development, now known as the City Centre, for site plan approval of office, retail, bank, and restaurant space. On June 19, 1997, the City Council adopted Ordinance 26, 1997, which approved a sign package that limited the letter height to 24" for the City Centre PUD. On February 18, 1999, the City Council adopted Ordinance 26, 1998, which approved a waiver to allow overhead power lines to remain within the PGA Boulevard Corridor Overlay and to amend the approved landscape plan for City Centre. On June 15, 2000, the City Council adopted Ordinance 11, 1999, which approved, in part, major revisions to the approved master plan for Parcel F. LAND USE AND ZONING The subject site is zoned Planned Unit Development (PUD) Overlay, with an underlying zoning designation of General Commercial (CG -1). The future land -use designation of the • site is Commercial (C). PROJECT DETAILS Section 78 -285 of the Land Development Regulations allows one principal tenant or building identification sign not to exceed 36" in height. Ground floor users are allowed one 24" wall sign, not to be located above the second floor line or above the building parapet. The Applicant is seeking approval to amend the signage program for the City Centre by requesting waivers to allow two (2) building identification signs, instead of the one allowed by Code, on Building B of the City Centre. In addition, both signs are proposed to be located above the second floor line on the tower feature. The sign on the east elevation is proposed to be 24" high, in accordance with the master signage program for the City Centre PUD. The sign proposed for the north elevation is proposed to be 32" high, which does not exceed the 36 "- height allowed by City Code, but does exceed the 24 "- height previously approved for the City Centre PUD. The applicant is also proposing a City Code compliant 4" high x 6' long tenant identification sign above the north entrance of the bank building. The bank name and logo will be added to an existing monument sign adjacent to U.S. Highway 1. Sign Materials and Colors • The proposed reverse channel, bronze finish lettering is consistent with the existing approved signage throughout the City Centre PUD. The lighting for the signs will be F] Date Prepared: December 20, 2006 Meeting Date: January 9, 2007 Petition No. MISC- 06 -11- 000019 • internal illumination. Waivers Requested The applicant is requesting approval of the following waivers for number (2) and location of building identification signs, located above the second floor line, for Building B: City Code Allowed, Proposetl Wainer Staff ;Recommendation' Section Dne (1) Building . Two Building To allow a total of two 78 -285: dentification Sign not to Identification Signs Building Identification Flat/Wall Sign xceed 36" (32" and 24 ") Signs; and for Principal �d Approval (1) Structure or ocated below the 2 . Located above the To allow two Building Principal Tenant loor line second floor line Identification signs nd (on the north and located above the 2 east elevations of floor line the tower feature (1) Waiver from Section 78 -285, Table 24, to allow two building identification signs measuring 32" and 24" in height to be located above the 2nd floor line of the north and east elevations, respectively, of the tower feature of Building B: Applicant's Justification: The applicant states that the waiver request is necessary • in order to ensure visibility of the building from the adjacent PGA Boulevard and Highway U.S. 1 in order to safely direct pedestrian and vehicular traffic to the building. Furthermore, the existing mature landscaping around the Lydian Bank building will prevent the signs from being visible at the same time. Staff Analysis: It is staff's professional opinion that the waiver request to allow two building identification signs above the second floor line is justified because of the mature landscaping, and a sign on the north elevation will serve to direct motorists to the bank's entrance from PGA Boulevard. At staff's request, the applicant reduced the size of the sign on the east elevation from 32" to 24 ". The approved signage package for the City Centre limited the letter heights to 24" r throughout the development. The proposed location for signage above the second floor line on the tower is consistent with other previously approved signage in City Centre, as can be seen from the attached photographs of Building D. In addition the un -built six -story office building (Building F) has approval for signage on the third floor line elevation. STAFF RECOMMENDATION 0 Staff recommends APPROVAL of Petition MISC- 06 -12- 000019 with two waivers. Jackie /Case Files /City Centre Lydia Bank Signage /staff report pzabl .doc LYDIAN BANK SIGNAGE REQUEST WAIVER JUSTIFICATION November 27, 2006 December 19, 2006 In association with the Lydian Bank at the City Centre Planned Unit Development, we are requesting approval for two waivers associated with this petition. These waivers and their justifications are as follows: Urban Design Urban Planning Land Planning Landscape Architecture 1. Waiver to have two Principal Tenant signs. Section 78 -285 of the City's Sign Code allows for only one Principal Tenant sign per building. We are requesting two Principal Tenant signs for the tower feature on the existing Lydian Bank building (formerly known as the Flame building). As a building located at the intersection of two major arterial roadways (PGA Boulevard and U.S. Highway 1), having a Principal Tenant sign facing each arterial is an appropriate means to safely direct pedestrian and vehicular traffic to the use, which is one of the purposes of the City's Sign Code. Because of the existing mature landscaping around the Lydian Bank building, the signs will not be visible at the same time. This request is consistent with other similar requests in other commercial projects in the City where the buildings have multiple frontages. Please note that the requested sign • contains two lines of letters for a depth of 32 inches high on the northern elevation which is less than the 36 inches allowed for one line of letters.by City Code. On the southern elevation of the tower feature, we are providing signage only 24 inches high. 2. Signage located above second floor line. Section 78 -285 of the City's Sign Code only allows for signage to be located at the second floor line or below. We are requesting that the Principal Tenant signs for Lydian Bank be located on the bank building's tower feature. The purpose of the City's sign regulations are "to facilitate an easy and pleasant communication between people and their environment." Because of the existing mature landscaping on the site which would obstruct any second floor line signage, there is no "easy and pleasant communication" between vehicular traffic /visitors and employees. By approving this request and allowing the signs to be placed on the tower element, the applicant would be able to provide the proper sigange to identify the building and direct visitors there in a safe fashion, as is the intent of the City's sign regulations. The tower feature is also an attractive location for signage for the building. 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'� .i- a s.. !Y. � t '�. a'. v. . r: ,. . `a ,.^� . i r ���� � �;�i� � ` �.,rj�silJ�` � '�i' .Sri_ C S �.' r �,��I'", t�zr- aY? z � w, - 'kx a � ^. .�� z i k, :� - �' Q r'�` a� r a „ � r . � f � � .:, w ��. f'L:,��� _ ��1R'f� _ �r � -. � i ,�.,y+ � ��`s }� ' l� � ; G sr '` •.'A;. x �,' T ,> � .s IFS ^x.�. r� '.,.z � •�:, S � d ? tom... _ �.. ��' r: �'_ .c • MEMORANDUM • TO: Jackie Holloman, AICP Planner FROM: Marty R.A. Minor, AICP Project Planner DATE: November 29, 2006 wi Urban Design Urban Planning Land Planning Landscape Architecture RE: LYDIAN BANK SIGNAGE MISCELLANEOUS PETITION - PHOTOS FROM SITE Pursuant to our conversation, below are a series of photos from the City Centre Planned Unit Development with regards to our Lydian Bank Signage Miscellaneous petition. Please include this as part of our discussion and justification of the two signage waivers we are requesting. 1. View from PGA Boulevard. In this view, you can see the northern elevation of the tower on which the requested signage will be located. Please note the considerable vegetation around the Lydian Bank building. A View from PGA Boulevard /U.S. Highway 1 intersection. In this view, the northern view of the tower is barely visible because of the existing vegetation and the eastern view is not visible. After walking along the PGA Boulevard and U.S.1 frontages, there is no view which will show both proposed signs. p R f+ 477 S. Rosemary Avenue Suite The Lofts at West Palm Beach, FL 33401 Place 561.366.1100 561.366.1111 fax jtN 3 www.UDSonline.com LCC35 AANNING & ZONING V. • • • 3. View from eastern parking lot of Lydian Bank. Directly east of the Lydian Bank Building is the first - clear view of the location for the proposed signage from the U.S.1 frontage. r Y 4. Existing Tenant Signage at Lydian Bank Building. This is the only existing signage on the building to date. 5. Building D within City Centre PUD. Building D with is located directly northwest of the Lydian Bank Building. Please note that Building has signage above the second floor and on the tower. Also, wall signage was approved, through the adoption of Ordinance 11, 1999, at the third floor line elevation of six -story Building F, which has been approved but not constructed. • r � L_J • 6. Additional second floor signage on Building D. This view shows the additional second story signage permitted on Building D within City Centre. In summary, the requested signage for the Lydian Bank tower is designed to direct motorists and pedestrian from the adjacent major arterial roadways to the bank. As shown above, the both sign faces will not be able to be viewed at the same time because of the existing vegetation on the site. In addition, the signage proposed is consistent with the signage approved for Buildings D and F within City Centre. Please note that the requested Lydian Bank signage is smaller than the 36- inch high letters permitted for Buildings B and D. Should you have any questions, please feel free to contact me at any time. • • • PBGSGIS22045576450.png Page 1 of 1 s Cr VJ' L1i J 12/18/2006 May 15, 1997 Ordinance 26, 1997 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SIGN PACKAGE FOR THE CITY CENTRE PLANNED UNIT. DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Centre Planned Unit Development, located on the southwest corner of U.S. Highway One and PGA Boulevard, was approved by Ordinance 15, 1997, which was adopted on April 17, 1997, and which required as Condition No. 15 under Section 2 that "Applicant shall return with a complete sign package for City Council approval within 30 days of the adoption of the Ordinance;" WHEREAS, the City has received an application to approve the sign package for the City Centre Planned Unit Development; and WHEREAS, the City's Planning and Zoning Department has determined that said approval is consistent with the City's Code requirements and the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: • Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves the sign package for the City Centre Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One. Section 2. Said approval shall be consistent with plans filed with the City's Planning and Zoning Department as follows: 1. May 1997, City Centre Signage and Graphics by M.T. Fuller Designs, Inc. 1 Sheet. Section 3.This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS �& Y OF 1997. PLACED ON SECOND READING THIS jt-DAY OF 1997. PASSED AND ADOPTED THIS SAY OF 1997. • • • • ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: AYE MAYOR RUSSO ✓ VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN _.7, COUNCILMAN CLARK ,/ A MONROE J UNCILMEMBER DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY NAY BA SENT Ordinance 26, 1997 Page 2 • • 1A. rl- cr) cr) 00 4 L v v O E • � V •� O lu 's p ZN p C 0 V H li I � � F C E O E OP Api C: (D V p p' N V >EEE`.v u' 0 C C to p X-Cµ ixi" N p p O V _ NO V O._ p Q Q 9.Q NQ _O. ar°�a94 f !q'daarjaid� •fMa•W°M °wp • •� 9NY°VIY.I•pq � � � 'Y40rw 6 --J� V C.: 0. 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Public Hearing and Recommendation to City Council: A request by Kevin McGinley of Land 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 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. [Xj Recommendation to APPROVE with 7 requested waivers. ( ] Recommendation to DENY. Reviewed by: Originating Dept.: FINANCE: N/A PZAB Action: Growth Management: [ ] Approved Division and Zoning Division Director: �j /� Principal Planner: Finance Administrator: [ J App. w/ conditions [ ]Denied Todd Miller, AICP Talal Benothman, AICP [ ] Rec. approval Allan Owens [ ] Rec. app. w/ coeds. City Attorney: [ ] Rec. Denial [ ] Quasi — Judicial Cliristuie Tatum [ ] Building Accountant [ ] Continued to: [X] Public Hearing By Finance N/A K. Labossiere Attachments: Advertised: Fees paid: [ ] - Code Compliance Table Development Compliance: [X] Required Date: - Project Narrative [ ] Not Required - Waiver Request Bahareh Keshavarz- Wolfs. Budget Acct. #: - Resolution 43, 1992 AICP N/A - Site Plan Growth Management - Landscape Plan Adm' ustrator: - Architectural Elevations Kara Irwin Approved By: City Manager Affected Parties: [X] Notified [ ] Not Required Ronald M. Ferris Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • BACKGROUND A building permit was issued for the existing building on February 2, 1968. No other zoning actions occurred pertaining to the site until the site received site plan approval to convert the service bays into a convenience store in 1981. Twenty years later, on April 5, 2001, the City Council approved Ordinance 6, 2001 rezoning the subject property from CGI to a PUD Overlay with underlying CGI zoning to allow the redevelopment of the existing gas station. The project was granted approval based upon a buildout of December 31, 2004. Although Section 78 -61 of the City Code permits the Cn•owth Management Administrator to grant administrative extensions to Development Order approvals of up to three years, the applicant did not apply for an extension. Therefore, the PUD approval expired on December- 31, 2004. Currently the applicant has submitted a new application to rezone the property fi-om CGI to PUD and Conditional Use with an underlying CG1 zoning, including all necessary fees and documents. The applicant has changed very little of the originally approved application and plans. LAND USE AND ZONING The subject site is currently zoned PUD with an underlying zoning of General Commercial (CG -1), has a future land -use designation of Commercial (C), and is listed as Commercial on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, please see Table 1 below. The attached Table 2 at the end of this report examines the consistency of the proposed project • with the City Code. EXI;STSNCi ZONING i \ND LAND USE (:�ESIC tlAi3C�N t`acisting Use Zoning Lased U Subject Property Speedway Service Station General Commercial Commercial North Harbor Financial Center General Commercial Commercial General Commercial South Planned Unit Prosperity Centre Development Overlay Shopping Plaza Zoning Commercial West PGA Plaza General Commercial Commercial General Commercial East Planned Unit Prosperity Centre Development Overlay Shopping Plaza Zoning Commercial PGA Boulevard Corridor Overlay •This site is subject to the requirements of the PGA Boulevard Corridor Overlay. This is not a prohibited use as defined in Section 78 -221 of the Land Development Regulations and the amendments thereof, as described in Ordinance 25, 2006. Ordinance 25, 2006 permits convenience stores with 2 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 gasoline sales within the PGA Overlay as a major conditional use. In addition, the site is not subject to • the 55 -foot setback, as defined in Section 78 -221 because it is located east of Prosperity Farms Road, thus falling outside the defined limits of the requirement (all lands west of Prosperity Farms Road). CONCURRENCY The petitioner received concurrency certification on March 6, 2006, with a buildout date of December 31, 2008 fi-om the County and the City for a gas station with 12 pumps and a 2,500 sf convenience store. PROJECT DETAILS Site Location and Existing Conditions The existing site is a .80 acre parcel at the southeast corner of Prosperity Farms Road and PGA Boulevard. The site is surrounded on the east and south by Prosperity Centre Shopping Plaza, to the north by the Harbour Financial Center, and to the west by the PGA Plaza Shopping Center. The existing convenience store building is 2,177 square feet in size. There are six gasoline - pumping stations on site, with a total of twelve (12) pumps (two per station). Waiver Request • The applicant is requesting the following eight (7) waivers_ (7)leasc sec affached ivaiver justrfrcalion) Code Section Section 78 -153 - Frrml, S� ih, -i(* Section 78 -153 - tvlin. Sid €, Section 78-154 - Min, PUD Size Section 7P,-_185 - tN<Z!I Signs Section 78 -310 Min Candscahe BLrffer Section 78 -320 Min: f=oundation Plantings . .: Required Provided, Waiver iarr ReGOrni 50 feet 25.76 feet 24.24 feet Support 15 feet 6.5 feet 8.5 feet Support 1 acre 0.80 acre .20 acre Support 1 wall sign per building 3 signs 2 signs Support 8 feet 6.5 feet 1.5 feet Support 5 feet wide adjacent to vehicular areas None. 5 feet Support j Section 78 -364 -- Loading spaces 1 space per 10,000 sf 0 1 space Support See explanation below Section 78 -153 of the City Code — Waiver to reduce the front setback by 24.24 feet. Applicant's Justification: "This waiver will result in the construction of a new canopy that is located approximately the same distance from Prosperity Farms Road as is an existing canopy (which is actually 27.5 feet from the right -of -way). However, the approval of this waiver will allow the removal of two existing canopies and their replacement by a single canopy that eliminates a non - conforming setback on PGA Boulevard. One of the existing canopies is • located only 11.5 feet from the PGA Boulevard right -of -way. The new canopy will be setback 65 feet fi-om PGA Boulevard, which exceeds the Code requirement. Consequently, approval of 3 • • Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 this waiver request will bring the site much closer to compliance with current standards with respect to canopies than is currently in place." Staff Recommendation: As the western property line abutting Prosperity Farms Road is the shortest property line, it is, by definition, the front lot line. Therefore, all structures and buildings must meet the minimum required 50 foot fi-ont setback off of Prosperity Farms Road, or obtain a waiver. Staff notes that the existing building and canopies do not meet the required fi-ont setback. The western canopy is within approximately 21 feet of the western property line. While the applicant's proposal still does not meet the required 50 foot setback fi-om Prosperity Farms Road, it will increase the canopy setback fi-om 21 feet to 25.76 feet, and locates the building 65.51 feet from the western property line, exceeding the minimum required setback. Therefore, based upon the reduction of the number of canopies, the lessening of the setback encroachment, and the improvement to the PGA Boulevard and Prosperity Farms Road streetscape, staff recommends approval of the requested waiver. 2. Section 78 -153 of the City Code — Waiver to reduce the required side setback by 8.5 feet. Applicant's Justification: "The current building meets the required interior side setback, but the existing canopy violates the street facing side setback (PGA Boulevard), with a setback of only 11.5 feet. Approval of this waiver accommodates the redevelopment of the site with a conforming setback along PGA Boulevard, enables the site to have appropriate vehicular circulation and accommodates the required number- of parking spaces (which the existing facility does not). Further, this waiver allows the applicant to provide substantially increased landscaping along PGA Boulevard. The applicant is mitigating this waiver by providing very substantial landscaping improvements between the building and the south property line. Currently, the area between the building has minimal landscaping. Further, it should be noted that the area adjacent to the south side of the subject site is an area used by the Prosperity Center for parking ands a loading area for Barnes & Noble. Therefore, the reduction of normal setback will have no land use impact." Staff Recommendation: Staff's calculations indicate the existing and proposed building and canopies setbacks are as follows: Front (west property line /Prosperity Farms Road) 21' * 25' ** Side Corner (north property line /PGA Boulevard) 6' * 67' (50' from Ultimate ROW) Interior Side (south proerty line) 89' 6.5' Rear (east property line) 35' 24' Noncontormulg setback. ** Waiver has been requested. Based upon these calculations, the existing building and canopies do not meet the minimum required fi-ont or side corner setbacks, but do exceed the requirements for the interior side and rear setbacks. The interior side (south property line) and rear (east property line) both abut the vehicle use areas of the adjacent commercial development (Prosperity Center). The fi-ont and side corner- lot lines are both adjacent to major arterial roadways. Thus, the existing development does not meet the minimum required setbacks on the most visible sides of the site. 4 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • However, the applicant is proposing a revised site plan which meets the minimum required setbacks on the rear and side corner (PGA Boulevard) sides, but does not meet the minimum required setbacks on the front (Prosperity Farms Road) and interior sides (adjacent to the vehicle use area for Prosperity Center). Therefore, the applicant has maintained the same number- of nonconforming setbacks. However, the applicant has met the required setback along PGA Boulevard (the most visible property line), and is increasing the setback along Prosperity Farms Road. Based upon the applicant's efforts to bring the site into greater conformance with Code, and lessening of the visual impact of the building on the PGA Boulevard and Prosperity Farms Road streetscape, staff recommends approval of the requested waiver. 3. Section 78 -154 of the City Code — Waiver to reduce the minimum PUD size to .80 acre. Applicant's Justification: "The subject site is a long existing free standing property of .80 acre. The property is bounded on two sides by arterial highways, and on two sides by the existing Property Center shopping center. The site is currently fully developed with the same uses being proposed by this application. Consequently, approval of this waiver will not facilitate the introduction of a new commercial use on a parcel that does not meet current size requirements. Approval will allow the redevelopment of the site in a way that is more conforming to current standards than presently exists." Staff Recommendation: Since the subject property currently operates as a service station, and the petitioner is primarily trying to improve the property and bring the site into greater • compliance with City Code, staff is in support of the requested waiver. 4. Section 78 -285 of the City Code — Waiver to permit a total of 4 wall signs. Applicant's Justification: We are requesting that a waiver to allow 4 wall signs. These signs include: 1 sign on the north canopy face, 1 sign on the west canopy sign face, 1 sign on the east canopy face, and a logo sign ( "S" logo) centered over the door non the north building face. The other three signs only spell out the name "Speedway ". The placement of the signs is to allow identification the facility on the east, west, and north. NO signs are being proposed on the south side of the facility. As a gas station, it is important that the facility type or brand be identifiable. Although a large portion of a gas station's business is from passerby traffic , many consumers area loyal to a specific brand or company. The placement of the additional sign is to allow fro brand identification when approaching the station form the adjacent roadways. Staff Recommendation: The wall sign on the primary building has limited visibility due to the obstruction of the canopy. Also, the building and canopy are located at the intersection of two major arterials roadways. Based upon those facts, staff does not consider the four wall signs excessive or intrusive. Therefore, in consideration of the overall site improvement and right - of -way dedication, staff is in support of the requested waiver. 5. Section 78 -319 of the City Code — Waiver to reduce the required landscape buffer by 1.5. Applicant's Justification: "This request is to allow a 6.5 foot buffer (1.5 foot waiver) for the • portion of the south boundary of the site adjacent to the proposed building. This area constitutes an area approximately 74 feet long. The balance of the south property line will 5 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • substantially exceed the code requirement. In fact, if the Code allowed buffer width averaging, the proposed buffer substantially exceed code requirement. It should be noted that the existing site currently violates this Code provision along three of the four property lines, including both rights -of -way buffers. Both rights -of -way buffers and the eastern buffer- are being brought into conformance on the proposed plan. This partial waiver is necessitated by the location of the new building, which has been discussed above. As noted above, the reduction of this buffer enables the applicant to comply with buffer standards along the roadways, which we believe will provide a significant aesthetic improvement and a public benefit." Staff Recommendation: Currently there does not exist any landscape buffers along either road fi•ontage (PGA Boulevard or Prosperity Farms Road), and the buffer along the east property line does not meet the minimum required width of 8 feet. The only landscape buffer which currently meets code is the buffer- along the southern property line. The proposed site plan provides landscape buffers which meet the Code required minimum widths along all property lines (including the road fi-ontages) except the southern property line. Therefore, the applicant has brought the site into greater- conformance with the Code with regard to landscape buffers. In consideration of the applicant's efforts to create conforming buffers along all property lines except the southern property line, the dedication of additional right -of -way, and the commercial nature of the adjacent use to the south, staff is in support of this waiver request. 6. Section 78 -320 of the City Code — Waiver to reduce the foundation plantings. • Applicant's Justification: "This waiver is to allow the elimination of this requirement on the north side of the structure. This request is necessary in order to provide the required number of parking spaces and handicap accessibility. Due to the use of the subject site as a redevelopment of a convenience store with gas sales with limited size and depth, inclusion of a foundation planter on the north side of the building would significantly impact circulation on the site. A difference of 5 feet adjacent to the fi-ont of the building would ultimately result in additional waivers for setbacks and landscaping adjacent to the right -of -way for PGA Boulevard. It should be noted that the current development does not provide any foundation planting. In addition, the use of foundation planters in fi•ont of the particular type of use existing and proposed for this site is not desirable. Due to the canopy overhang which extends from the building and the screening of the front of the structure by pump islands, both the maintenance and the visibility of landscaping in this area would be severely limited. Further, the high volume of pedestrian traffic using the walkway in fi•ont of the building would result in constant damage to the plant materials and the use of the planting area by customers as a trash depository." Staff Recommendation: As the petitioner has noted, the existing site does not include any foundation plantings adjacent to the building. Furthermore, the applicant is providing the required buffers adjacent to the roadways. Thus staff notes the applicant is not increasing the nonconformity with regard to foundation plantings, and is in fact reducing the existing nonconformities with regard to landscape buffers. In light of the reduction of landscaping nonconformities on site, the proposed improvements, and the dedication of additional right -of- way, staff is in support of this waiver request. roll Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -09- 000011 • 7. Section 78 -364 of the City Code — Waiver to delete the requirement for a loading space. Applicant's Justification: "A loading area which meets code requirements was provided at the northeast end of the site. However, the Planning and Zoning and Appeals Board requested that a point of cross- access be established with the property to the east, eliminating the area which was designated for loading. Although the formal loading space must be removed to provide the cross- access, the area adjacent to the dumpster can serve as an adequate loading area without interfering with parking and circulation. Since loading can be controlled by the operator of the facility, the need for an exclusive striped loading area is not necessary. It makes sense to allow the dumpster approach area to serve a dual function, especially since refuse pick -up and deliveries are both infi•equent activities which do not conflict with each other." Staff Recommendation: Currently there is no designated loading space on site. Previously the applicant had included a designated loading space on site. However, during the review of the previous application in 2001, the Planning, Zoning, and Appeals Board recommended the loading space be eliminated, a cross access point be substituted in its place, and the applicant request a waiver to the loading space requirement. At that time the applicant heeded the Board's recommendation and made the changes. Continuing the same proposal, the applicant is once again requesting a waiver to the requirement to provide a loading space per the previous Board's recommendation. Staff notes that the provision of a cross access point between the shopping center to the east and the service station will alleviate the amount of traffic trying to access Prosperity Farms Road and PGA Boulevard in order to travel between the shopping • center and the service station. In consideration of the provision of an alternative means of ingress /egress and alleviation of traffic on PGA Boulevard and Prosperity Farms Road, staff is in support of the requested waiver. Proposed Building The petitioner is proposing to demolish the existing 2,177 square -foot building, canopy and pump islands, and to construct a new 2,337 square foot building and canopy. The building and canopy will utilize a concrete block stucco system and barrel tile roof combination so that the architecture will be consistent with the surrounding development. The petitioner shall maintain six pump stations with twelve pumps total (two per station). Art in Public Places The petitioner has been informed of the Art in Public Places program. Should the cost of development exceed $1,000,000, the petitioner must provide for ail in public places. Si na e The petitioner is proposing three wall signs and one monument sign on site. The petitioner has requested waivers from the maximum number of wall signs allowed and the setback requirements for ground signs. Staff has recommended approval of the waiver for additional signs, and has recommended denial of the sign setback waiver request. (See waiver section). • 7 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • Landscaping and Buffering The site currently has minimal landscape buffering. The petitioner is proposing to bring the site into greater compliance with Code landscaping requirements. However, the petitioner has not been able to accommodate the required width of landscape buffer at the southern property line, not- any foundation plantings along the north elevation. Specifically, along the southern property line the petitioner is proposing a 6.5 foot landscape buffer, and requesting a waiver of 1.5 feet fi-om this requirement. In addition, the city code requires five feet of foundation plantings around all sides of a building. However, the petitioner has not provided any foundation plantings along the north elevation of the proposed building, and instead is requesting a waiver to the code requirement to eliminate the foundation plantings at that location. Staff has reviewed the waiver requests and has determined that the upgrading of landscape buffers justifies the 1.5 foot landscape buffer- waiver request and the request to eliminate the five feet of foundation plantings along the north elevation. (See waiver section above) PGA Boulevard Overlay Corridor Requirements This site is subject to certain PGA Corridor Overlay requirements set forth in the Comprehensive Plan and Section 78 -221 of the LDRs. Staff has reviewed the requirements of the Overlay, and has determined that the application meets the minimum requirements thereof. Parkr • The LDRs require one parking space per 200 square feet of convenience store with gas sales. The petitioner is proposing a 2,337 square -foot building, which equates to 12 parking spaces required. The petitioner has provided 12 spaces, one of which is handicap accessible. The petitioner has also provided one bicycle parking space. However, the petitioner has not provided the one loading space required by Section 78 -364 of the City Code. Instead the petitioner is requesting a waiver fi-om Section 78 -364 based upon the need to provide cross access to the adjacent shopping center to the south and east (Prosperity Centre), as recommended by the Planning Zoning, and Appeals Board at the previous public hearing in 2001. Site Access and Circulation The existing site has several nonconforming drive aisles that intersect with both Prosperity Farms Road and PGA Boulevard. These drive aisles are non - conforming in that they exceed the maximum width allowed by the LDRs, and do not provide for adequate stacking distances. The proposed plan includes one entrance off PGA Boulevard and one entrance off of Prosperity Farms Road, both of which meet code requirements for width. However, neither of which meets the code requirement for stacking distance. Therefore, the petitioner is requesting a waiver to the stacking distance requirements. The petitioner shall also provide for internal access into the adjacent shopping center (Prosperity Centre) to the south of the site. This access is important to alleviate trips onto Prosperity Farms Road. There is also a condition of approval fi-om the Prosperity Centre development order (Resolution 43, 1992) which states: • "The petitioner shall provide cross access to the out parcel ( Fina (Speedway) Gas n. Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -09- 000011 • Station) at the southwest corner of Prosperity Farms Road and PGA Boulevard, if it is possible to provide such access in negotiations with that property owner." Staff has requested that the petitioner obtain a letter fi-om the property owner of Prosperity Centre allowing for such access to occur at time of redevelopment of this site, as is required by the Resolution 43, 1992 condition of approval. The petitioner has made provisions on the site plan for the future expansion of PGA Boulevard, which will require the taking of 17.5 feet fi•om the northern boundary of the site. The petitioner has demonstrated that the site meets the requirements of the LDRs without this strip of land included. Previously the applicant was requested a waiver from Section 78 -344 of the City Code to reduce the required stacking distance from 50' and 67'. However, the Code permits the City Engineer to accept stacking distances less than the Code required 100'. As part of their review, the City Engineer requires the applicant to provide a justification for the reduced stacking distance. Therefore, the applicant has provided the following justification. Applicant's Justification: "As previously stated, the site is currently fully developed with the same uses being proposed by this application. The existing development, as compared to the proposed redevelopment is significantly more non - conforming, including parking and stacking. The applicant has been able to provide the number of parking spaces required by code for the redevelopment, but cannot meet the required stacking due to the limited size of the parcel. Consequently, we are requesting to be allowed to reduce the stacking (49.93 and 67.01 feet) below the 100 foot minimum to • allow the redevelopment to proceed. It should be noted that approval of this request is a significant improvement from the parking and stacking configuration which currently existing for the site." The City Engineer has reviewed the provided stacking distance and the applicant's justification, and has accepted the reduced stacking distance. Drainage This site shall outfall via overflow to the existing storm drainage system within the PGA Boulevard right -of -way along the property's northern boundary. The petitioner is proposing five inlets with one exfiltration trench and a small on -site drainage pond to provide for adequate drainage control and water quality. The City's consulting engineer has reviewed the proposed drainage, and supports staff recommendation for approval. Lijzhtin The petitioner is proposing a maximum of 110 footcandles under the pump canopy. Section 78 -182 of the LDRs allows for a maximum of 60 footcandles in "service station canopy" areas. The petitioner had requested a waiver fi•om the previous code requirement of a maximum of 10 footcandles, and is continuing to request a waiver from the new code requirement of 60 footcandles maximum. However, staff has indicated to the petitioner- that the 60 footcandles maximum is a new regulation which takes into consideration the lighting necessary for visibility and security at the pump stations at night. • Therefore, staff informed the applicant that they would have to meet the new lighting regulations. As a result, staff is not in support of the requested waiver fi•om the lighting regulations. 9 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -09- 000011 • Legal Nonconformities There are several legal non - conformities on site that are being addressed with the proposed site plan modifications. Any element of the site plan which will remain non - conforming after redevelopment have been addressed with waiver requests. Platting The petitioner will plat and record this parcel, consistent with the approved site and master PUD plan, prior to the issuance of the first building permit. Phasin The petitioner has indicated that the development will be constructed in one phase. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. STAFF RECOMMENDATION • Staff recommends APPROVAL of Petition PPUD -06 -09- 000011 and the 7 requested waivers, subject to the conditions of approval listed below. Planning & Zoning (1) Prior to the issuance of the first infi-astructure permit, the applicant shall execute and record a Warranty Deed with the City for the dedication of the approximately 17 foot wide additional right -of -way along PGA Boulevard identified on the site plan. (Engineering, Planning & Zoning) (2) "Food and drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soda drinks, which customers must select and purchase without assistance, preparation or assembly by the employees of the service station." (Planning and Zoning). (3) Prior to the issuance of the first building permit, the property shall be platted. (Planning & Zoning) (4) Prior- to issuance of the first building permit, the applicant shall comply with Section 78 -262 of the City Code relative to Art in Public Places. The applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the applicant is providing public art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy, or as approved by the Art in Public Places Advisory Board. (Planning & Zoning) (5) Prior- to initiation of vertical construction, the Applicant shall install a six -foot tall construction fence with a privacy tarp around the entire property line. Closure of the existing sidewalk shall be • coordinated with the Growth Management Department. (Planning & Zoning) (6) Corporate colors shall not be permitted on the canopy or the building except for approved and N Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • permitted signage, and on the gasoline pump stations. Enineerin>; (7) Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape and place stormwater- management features within their respective utility easements (City Engineer). (8) Prior to construction plan approval, the applicant needs to call out the curb transitions on the site plan and provide a detail for the curb transitions at the entranceways (City Engineer). (9) Prior to the issuance of a Certificate of Occupancy, the applicant shall utilize lighting shields or other similar mechanics on lights located under the canopy to minimize the lighting glare emanating fi-om the site (Planning and Zoning, Building). (10) Provide a Boundary and Topographic Survey identifying existing contours at one -foot intervals extending 100 feet beyond the parcel boundaries in accordance with the LDR Section 78 -46. The applicant shall satisfy this comment prior to the scheduling of meeting before City Council. (11) Prior to City Council approval, revise the waiver justification statement to reflect the current City of Palm Beach Gardens Land Development Regulations (LDR). (12) Prior to the issuance of any land clearing permits, the applicant shall revise the approved plans, as follows: a. Revise the location of the stop sign shown at the northwest corner of the proposed building on all plans. The proposed stop sign shall be placed outside of the five -foot sidewalk. • b. Clarify on all plans if the cross access to /fi-om Prosperity Center will be provided along the east property boundary, and provide a stop sign and stop bar for the ingress fi•om Prosperity Center into the Sunoco site. (13) Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) (14) Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) (15) Prior to issuance of the first land alteration permit, the applicant shall prepare a plat, which shall be approved by the City and recorded. (City Engineer) (16) Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide cost estimates in accordance with LDR Section 78 -309 and 78 -461 and for on -site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. (City Engineer) (17) The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) (18) Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated • construction plans (paving /grading /drainage and water /sewer) and all pertinent calculations for review and comment. (City Engineer) Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06- 09- 000011 • (19) Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (City Engineer (20) Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre - permit meeting with City staff. (City Engineer) (21) Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization fi•om the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) (22) In accordance with LDR Section 78- 441(c) the applicant shall prepare and submit a boundary plat for subject site for review and approval by the City. The boundary plat shall be approved by the City Council and placed in the Official Records of Palm Beach County prior- to the issuance of the first land alteration permit for the subject property. (City Engineer) (23) Applicant shall notify the City's Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City of Palm Beach Gardens. In the case of a city right -of -way, the applicant has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right -of -way and the subject development site. (Public Works) Police (24) Lighting locations shall not conflict with landscaping (to include long term tree canopy growth). • (25) Lighting on building shall be around perimeter of all sides and on pedestrian walkways surrounding the building. (26) Metal Halide lighting shall be used for parking lot and pedestrian walkways. (27) Install convex mirrors and keep signs and shelves low, where they don't obstruct employee view. (28) Install a drop safe. Have signage indicating that little cash is kept on hand. (29) Install video surveillance equipment and closed circuit TV (CCTV) to deter robberies by increasing the risk of identification. (30) Install silent alarms to notify police in the event of a problem. (31) Lock doors not in use. (32) Limit access into the store during late night hours by installing bullet - resistant enclosures with pass - through windows. (33) Put height markers on exit doors to help witnesses provide more complete descriptions of assailants. (34) Use door detectors to alert employees when persons enter the store. (35) Control access to the store with door buzzers for nighttime use or closing hours. (36) The City of Palm Beach Gardens Police Department encourages the use of the following safe business practices: a. Have adequate lighting within and outside the establishment to make the store less appealing to a potential robber by making detection more likely. b. The parking lot /gas pump area of the store should be well lit during nighttime hours of operation. c. Landscaping should not obstruct view of windows and walkways so employees and • patrons are able to see their surroundings. 12 Date Prepared: December 11, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -09- 000011 • d. Bathrooms should be located in a conspicuous location where there will be a high volume of pedestrian traffic. Additionally, bathroom doors should be eliminated and replaced with what has been termed as a "maze" entry /exit. Having this design allows for quick escape in and emergency situation. A roll down shutter can be used to secure the bathrooms during closing hours. e. Telephone kiosks should be placed in convenient and conspicuous locations, but not in close proximity to businesses. Many times having a telephone kiosk close to businesses provides a legitimate location to conduct illegitimate activity. By having telephone kiosks away from businesses it will help to prevent and / or eliminate potential illegitimate activity. f. Cashier station area should be centrally located or rear of the store for good visibility. For enhanced natural surveillance fi-ont glazing should be fi-ee of signs. Shelf orientation should not prevent clerks from observing customers. g. If location is to have an eating area it should be located at the fi•ont of the store utilizing small seat and table design to attract adult customers. ,7 • 13 • Compliance with Land Development Regulations • is Table 2 Consistency with Chapter 78 CG -1 Regulation Code Requirement Proposed Plan Consistent? Min. Building Area 1 acre 0.80 acre No Min. Site Width 100 feet 194 feet Yes Max. Lot Coverage 35% 6.69% Yes Max. Building Height 36 feet 23.5 feet Yes Front Setback 50 feet 25 feet No Side Setback 15 feet 6.5 feet No Street Side Setback 40 feet 67 feet (50 feet from Ultimate ROW Yes Rear Setback 15 feet 24 feet Yes Minimum Size 1 acre .80 acre No Minimum Open Space 15% 30.84% Yes • is JUSTIFICATION STATEMENT • REZONING AND SITE PLAN APPROVAL FOR PROPOSED REDEVELOPMENT OF EXISTING SPEEDWAY SERVICE STATION FACILITY AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS ROAD The purpose of this application is to accommodate the demolition of an existing Speedway gasolene station/convenience store located on a 0.8 acre property located on the southeast corner of PGA Boulevard and Prosperity Farms Road, and the construction of a new facility that dramatically improves the appearance, functional efficiency, safety and conformity with land development Zoning & Engineering) and building codes. The existing facility was constructed in approximately 1968 as a gas station and automotive repair facility. In 1968 the City approved the conversion of the service bays into a convenience store. The building and site improvements are extremely non- conforming with respect to the standards set by.current codes. The existing 2,177 square foot building is antiquated in its appearance and does not conform to current setback requirements. The site has essentially open access, has insufficient parking and poor queuing arrangement at the pump islands, and virtually no landscaping. The objective of this project is to remove the existing, seriously non - conforming facility, and replace it with a very attractive new facility of essentially the same size (the new building will be 2,339 square feet, which will result in a floor /area ratio of only 6.69 %), that will be a significant aesthetic • enhancement to the surrounding area. Although several waivers from normal site development standards will b necessary, the proposed site plan for the new facility will result in greater setbacks along PGA Boulevard, provide properly functional pump islands, introduce significant landscaping on all sides of the site, will reduce access to two well defined external driveways (one on Prosperity Farms Road and one on PGA Boulevard), and will create cross access with the shopping center adjacent to the south. Further, the new building and canopy constructed on the site will be very attractive and will be consistent with the architectural character that the City encourages for the PGA Boulevard corridor. The building will be contemporary in design, and will utilize a barrel tile full hip roof. The canopy will have a pitched facade and will incorporate barrel tiles, as well. All new construction will fully comply with contemporary building construction standards. The intended redevelopment of the subject property is entirely consistent with the goals and objectives of the Comprehensive Plan. The Property is designated as commercial on the Future Land Use Map and is zoned CG -1, which permits gas stations and convenience store facilities. However, the property is located in the PGA Boulevard Overly District, which requires that new commercial development must rezone to PUD. This application requests such rezoning. The proposed project will be developed as soon as permits can be obtained. No phasing is contemplated. A 17 foot wide area has been provided along the property's northern boundary for future right -of -way for PGA Boulevard. The project's landscape buffer along PGA boulevard complies with the City standard, exclusive of this area. • • Speedway justification statement Southeast corner of PGA Blvd. & Prosperity Farms Road Page 2. As noted above, the proposed project is entirely consistent with the Future Land Use Element of the City's Comprehensive Plan, which designates he site for commercial development. The project is also consistent with the Transportation Element in that it will not impact traffic issues, since it is a redevelopment project that essentially replaces an old facility with a new one that is essentially the same size. The project has no relevance to the Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space or Capital Improvement elements of the Plan. There are no Comprehensive Planning issues related to this application. The issues for this project are simple site planning issues. The proposed redevelopment of the site will not result in any change to the land use for the property, and the size and intensity of the use of the property will not noticeably change. However, the property will be dramatically aesthetically improved and will function much better. Further, the ne improvements will be fully compliant with the current building Codes. The alternative for the property, should this request not be approved, would be to continue to operate indefinitely in its current condition. "NING & URBAN PLANNING RKET RESEARCH & ANALYSIS ENVIRONMENTAL ASSESSMENTS LAND RESEARCH MANAGEMENT, INC. 2240 PALM BEACH LAKES BLVD. - SUITE 103 WEST PALM BEACH, FLORIDA 33409 TEL: (561) 686 -2481 - FAX; 681 -1551 JUSTIFICATION STATEMENT WAIVER REQUESTS FOR PROPOSED REDEVELOPMENT OF EXISTING SERVICE STATION AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS ROAD The owner /applicant for this project is requesting eight (8) waivers from the normal development standards of the Zoning Code, as part of the redevelopment of an existing service station and convenience store. Although several waivers are being requested, the new facility will be far closer to compliance with the current requirements of the Code than the existing facility. Each of the waivers was previously approved by the City Council but the approvals have lapsed The requested waivers are as follows: • A waiver from the provisions of Sec. 87 of the Zoning Code that require a • minimum parcel size 1 acre for commercial properties zoned PUD. The subject site is a long existing free standing property of 0.80 acre. The property is bounded on two sides by arterial highways and on two sides by the existing Prosperity Center shopping center. The site is currently fully developed with the same uses being proposed by this application. Consequently, approval of this waiver will not facilitate the introduction of a new commercial use on a parcel that does not meet current size requirements. Approval will allow the redevelopment of the site in a way that is more conforming to current standards. • A waiver from the requirements of Sec. 87 of the Zoning Code for front setback (Prosperity Farms Road): to allow a setback of 25.75 feet, rather than the normally required 50 feet. This waiver will result in the construction of a new canopy that is located approximately the same distance from Prosperity Farms Road as is an existing canopy (which is actually 27.5 feet from the right -of -way). However, approval of this waiver will allow the removal of two existing canopies and their replacement by a single canopy that eliminates a non - conforming setback on PGA Boulevard. One of the existing canopies is located only 11.5 feet from the PGA Boulevard right -of -way. The new canopy will be set back 65 feet from PGA Boulevard, which exceeds the Code requirement. Consequently, approval of this waiver request will bring the site much closer to compliance with current standards with respect to canopies - than is currently in place. CITY Of PAIM BCH GDNS NOV 17 2006 • Justification Statement Page 2 • A waiver from the requirements of Sec. 87 of the Zoning Code for interior side setback (south side), to allow construction of the proposed new building 6.5 feet from the property line, rather than the 15 feet normally required. The current building meets the required interior side setback, but the existing canopy violates the street facing side setback (PGA Boulevard), with a setback of only 11.5 feet. Approval of this waiver accommodates the redevelopment of the site with a conforming setback on PGA Boulevard, enables the site to have appropriate vehicular circulation and accommodates the required number of parking spaces (which the existing facility does not). Further, this waiver allows the applicant to provide substantially increased landscaping along PGA Boulevard. The applicant is mitigating this waiver by providing substantial landscape improvements between the building and the south property line. Currently, the area between the building and the property line has minimal landscaping. Further, it should be noted that the area adjacent to the south side of the subject site is an area used by the Prosperity Center for parking and a loading area for Barnes & Noble. Therefore, the • reduction of normal setback will have no .adverse land use impact. • A waiver from Sec. 160(A), Landscape Buffer requirements (south side), which require an 8 foot wide perimeter buffer. This request is to allow a 6.5 foot buffer (1.5 foot waiver) for the portion of the south boundary of the site adjacent to the proposed building. This area constitutes an area approximately 74 feet long. The balance of the south property line will substantially exceed the code requirement. In fact, if the Code allowed buffer width averaging, the proposed buffer would substantially exceed code requirements. It should be noted that the existing site currently violates this Code provision along three of the four property lines, including both right -of -way- buffers. Both right -of- way buffers and the eastern buffer are being brought into conformance on the proposed plan. This partial waiver is necessitated by the location of the new building, which has been discussed above. As noted above, the reduction of this buffer enables the applicant to comply with buffer standards along the roadways, which we believe will provide way significant aesthetic improvement and a public benefit. • A waiver from Sec. 161(4)A.2., Foundation Planting (north side) is being requested. This provision requires a 5' wide foundation planter along each side of the building adjacent to a vehicular use area. This waiver is to allow the elimination of this requirement on the north side of the structure. This • request is necessary in order to provide the required number of parking spaces and handicap accessibility. Due to the use of the subject site as a • Justification Statement Page3 redevelopment of a c -store w/ gas sales with limited size and depth, inclusion of a foundation planter on the north side of the building would significantly impact the circulation of the site. A difference of 5 feet adjacent to the front of the building would ultimately result in additional waivers for setbacks and landscaping adjacent to the right -of -way for PGA Boulevard. It should be noted that the current development does not provide any foundation planting. In addition, the use of foundation planters in front of the particular type of use existing and proposed for this site is not desirable. Due to the canopy overhang which extends from the building and the screening of the front of the structure by pump islands, both the maintenance and visibility of landscaping in this area would be severely limited. Further, the high volume of pedestrian traffic using the walkway in front of the building would result in constant damage to the plant materials and the use of the planting area by customers as a trash depository. • A waiver from the requirements of Sec. 136(a), Permanent Signs is being requested. This section of the code allows for a maximum of 1 wall sign on • the north canopy face, 1 sign on the west canopy face, 1 sign on the east canopy face and a logo sign centered over the door of the north building face. The other three signs will only spell out the name of the fuel provider. The placement of the signs is to allow identification of the facility on the east, west and north. No signs are being proposed on the south side of the facility. As a gas station, it is important that the facility type or brand be identifiable. Although a large portion of a gas stations business is from passerby traffic, many consumers are loyal to a specific brand or company. The placement of the additional signs is to allow for brand identification when approaching the station from the adjacent roadways. • A waiver from Sec. 185(A), Loading, is being requested. The Code requires 1 loading space which we are requesting to be waived. A loading area which meets code requirements was provided at the northeast end of the site. However, the Planning and Zoning Board requested that a point of cross - access be established with the property to the east, eliminating the area which was designated for loading. Although the formal loading space must be removed to provide the cross - access, the area adjacent to the dumpster can serve as an adequate loading area without interfering with parking and circulation. Since loading can be controlled by the operator of the facility, the need for an exclusive striped loading area is not necessary. It makes sense to allow the dumpster approach area to serve a dual function, especially since • refuse pick -up and deliveries are both infrequent activities which do not conflict with each other. • Justification Statement Page 4 A waiver from the provisions of Sec. 179(h) of the Zoning Code that requires a minimum 100 feet of off street stacking distance from the right -of -way to the nearest parking space. As previously stated, the site is currently fully developed with the same uses being proposed by this application. The existing development, as compared to the proposed redevelopment is significantly more non - conforming, including parking and stacking. The applicant has been able to provide the number of parking spaces required by code for the redevelopment, but cannot meet the required stacking due to the limited size of the parcel. Consequently, a waiver request to allow reduced stacking (49.93 feet and 67.01 feet) below the 100 foot minimum is required to allow redevelopment to proceed. It should be noted that approval of this request is a significant improvement from the parking and stacking configuration which currently exists for the site. Although the applicant is requesting several waivers, approval of the proposed redevelopment will bring the site significantly closer to compliance with current development standards. Further, the proposed modernized facility will aesthetically • improve both the subject site and the area. • uo:ulp Bien Hanks Cons Engs 9547528869 p.2 Department of Engineering and Public Works P.U. box 21229 West Palm Bcach, FL 33416 -1229 (561) 684.4000 www.phrynv.rnm Palm Beach County Board of County Commissioners Tony Mn.silotd, ('linirman Addio L, Greene, Vice Chairperson isKarcn T. Marcus Jeff Koons Wnrrr,.n 1.1, Nrwr.11 Mary McC arry Burt narunsun County Adminiscrator Roberc wei-,min An L•'quuf Opportunity iativc Action (:ntpfoytr- prinfod on rocyclou pupur March 6, 2006 Ms, Judy A, T. Dye Assistant City Engineer City of Palm Beach Gardens - LBFH Inc. 3550 S.W. Corporate Pkwy. Palm City, FL 34990 RE: PGA / Prosperity Farms Road Gas Station Expansion TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Judy: The Palm Beach County Traffic Division has reviewed the traffic statement for the proposed convenience store expansion project entitled PGA-/ Prosperity Farms Road Gas Station, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: SE Corner of the intersection of PGA and Prosperity Farms Road. Municipality: Palm Beach Gardens Existing Uses: Gas Station with 12 Fuel Positions, and 2,177 SF Convenience Store. Proposed Uses: Addition of 323 SF Convenience Store (Total 2,500 SF)_ New Daily Trips: 238 New PH Trips: 22 AM and 17 PM Build -out: 2008 Based on our review, the Traffic Division has determined that the proposed expansion project meets the Traffic Performance Standards of Palm Beach County_ No building permits are to be issued by the City, after the build -out date, specified above, The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding the above comments, please contact me at 684 -4030. Sincerely, OFFICE OF THE COUNTY ENGINEER Masoud Atefi, MSC Project Reviewer - Lie-Division CC: Glen Hanks Consulting Engineering, Inc. File' General - TPS Mun_ Traffic Study Review F:I TRAFFIC 1maWdminkApprovals1060227.doc .,J May 11, 1992 is development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Resolution 35, 1992 is hereby amended by setting forth the following terms and conditions required and in full legal effect for the development of the "PROSPERITY CENTRE ", a Planned Unit Development, in addition to the requirements contained in Resolution 35, 1992: 1. The permitted usage shall be and the same is hereby designated as those usages set May 21, 1992 • RESOLUTION 43, 1992 District. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 2. The sale of alcoholic beverages, under a OF PALM BEACH GARDENS, FLORIDA, AMENDING Florida SRX license, or any subsequent RESOLUTION 35, 1992, SETTING FORTH ALL OF THE designation, in the use of the premises TERMS AND CONDITIONS CURRENTLY IN EFFECT FOR is hereby approved. A variance to the DEVELOPMENT OF "PROSPERITY CENTRE ", A PLANNED distance requirements set forth in the UNIT DEVELOPMENT, IN ADDITION TO THE TERMS AND Palm Beach Gardens Code between premises CONDITIONS AS SET FORTH IN SAID RESOLUTION 35, upon which alcoholic beverages are sold 1992, PERTAINING THERETO; AND, PROVIDING FOR is hereby granted. THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS AND PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, "PROSPERITY CENTRE ", a Planned Unit Development, was created by Ordinance 32, 1988, on October 20, 1988; and WHEREAS, said Planned Unit Development has been subsequently amended, the latest amendment being made on April 16, 1992, by Resolution 35, 1992; and, WHEREAS, the City Council has directed that this administrative Resolution be prepared and adopted to set forth all terms and conditions for development of the Planned Unit Development, which are not set forth in said Resolution 35, 1992, • in order that there shall be no confusion as to requirements for is development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Resolution 35, 1992 is hereby amended by setting forth the following terms and conditions required and in full legal effect for the development of the "PROSPERITY CENTRE ", a Planned Unit Development, in addition to the requirements contained in Resolution 35, 1992: 1. The permitted usage shall be and the same is hereby designated as those usages set forth in CG -1 General Commercial District. 2. The sale of alcoholic beverages, under a Florida SRX license, or any subsequent designation, in the use of the premises is hereby approved. A variance to the distance requirements set forth in the Palm Beach Gardens Code between premises upon which alcoholic beverages are sold is hereby granted. 1 res43.92 3. No building permit shall be issued, until • the drainage and paving plans for development of the Planned Unit Development shall be approved by the City Engineer and all other building requirements of the Palm Beach Gardens Code and requirements of other governmental entities shall be met. 4. A performance bond, letter of credit or cash funded escrow agreement shall be posted with the City in requisite form approved by the City Manager in a sum of money necessary to assure completion of paving and drainage together with utility improvements; and, Petitioner's pro -rata share (at least one -half) of the P.G.A. Boulevard median improvements as shown on Exhibit "D ", attached to Ordinance 32, 1988, and improvements to Floral Lane, prior to issuance of a building permit. 5. Signage, both temporary and permanent, and any amendments to the approved landscape plan, in the event necessary, shall be reviewed and approved by the City Council by subsequent Resolution. The intervention or review by the Planning and Zoning Commission, or the Site Plan Review Committee, shall not be required nor shall a public hearing or publication in a newspaper of general circulation be required prior to adoption of such Resolution. • 6. No outside speakers shall be used in the Planned Unit Development. 7. Lighting on site shall be of low level intensity and shall not spill over onto residential areas. All lighting on the East and South sides of the property shall have a height no greater than six (6) feet. 8. No deliveries shall be made to the Planned Unit Development between the hours of 8:00 P.M. and 7:00 A.M. 9. No live or taped music shall be permitted outside any building within the Planned Unit Development. All internal music shall be background type music usually associated with restaurant dining. 10. In the event the Florida Department of Transportation shall authorize and permit a traffic signal in the P.G.A. Boulevard median described in Exhibit "D" of Ordinance 32, 1988 prior to October 20, 1993, Petitioner shall within twenty (20) days of written request for payment by the City, shall pay to the City the cost of such signal and installation thereof. 11. All current requirements of the Palm Beach Gardens Code shall be met by Petitioner prior to issuance of a • building permit. res43.92 12. The Petitioner shall provide cross - access • to the outparcel (Fina gas station) at the southwest corner of Prosperity Farms Road and PGA Boulevard, if it is possible to provide such access in negotiations with that property owner. 13. Signage at the ingress /egress points from where left -turn out only and right -turn in only shall be provided to avoid motorist confusion as approved by the city or its engineer. 14. The .20 acre area designated as a "Garden" on the south side of the Planned Unit Development shall be maintained as open space by the developer. 15. All roof mounted equipment including but not limited to antennas shall be properly screened so that said equipment shall not be visible in the line of sight within 1,000 feet of the base line of the building upon which same shall be mounted. 16. No construction traffic shall be permitted on Kidd Road side of project. 17. No site work shall proceed until City Forester has flagged trees on site to be protected. Section 2. All Ordinance or Resolutions or parts thereof, in • conflict herewith, are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 21st DAY OF MAY, 1992. MAYOR MICHAEL MARTINO ATTEST: !/ )fCk,/ /1 . M. RIEF i (ACTING DEPUTY CITY CLERK VOTE: AYE NAY ABSENT MAYOR MARTINO ✓ VICE MAYOR RUSSO _;�- COUNCILMAN ALDRED - V COUNCILWOMAN MONROE .7— COUNCILMAN KISELEWSKI 3 res43.92 .. ", CITY OF PALM BEACH GARDENS • 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410.4698 ♦ (407) 7758200 May 26, 1992 Mr. Larry Smith Gary, Dytrych & Ryan, P.A. 701 U.S. Highway #1 North Palm Beach, Florida 33408 Dear Mr. Smith: Enclosed please find copies of . 35 and 1992, which were approved by the City Council at its regular Wing on April 16, 1992, and May 21, 1992, respectively. Enclosures: as stated • • Sincerely, J ckie G. Holloman Administrative Secretary CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD • Agenda Cover Memorandum Date Prepared: December 15, 2006 Meeting Date: January 9, 2007 Petition: LDRA- 06 -12 -10 • • Ordinance 5, 2007 Subject /Agenda Item: LDRA- 06- 12 -10: Code Amendment to Section 78 -159, Amending Chart of Permitted Uses Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Cotleur and Hearing, Inc. on behalf of Turtle Beach, Ltd. for approval of a text amendment to Section 78 -159, Code of Ordinances, entitled "Chart of Uses." The applicant requests to include Bank/Financial Institution with two drive- through facilities as a major conditional use within the Professional Office (PO) zoning district and to include special provisions for such a use. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB Action: Growth Management: [N /A] Approved Planning Manager Project Costs: $ N/A [N /A] App. w/ conditions 4 / Manager Total [N /A] Denied Braiseman d W Stephen Mayer P Y [ X ] Rec. approval City Attorney Sr. Planning $ N/A [ ] Rec. app. w/ conds. [ ] Quasi - Judicial Christine Tatum, Esq. Current FY [ ] Rec. Denial [ X ] Legislative [N /A] Continued Development Compliance [ X ] Public Hearing Funding Source: to: NA Advertised: Attachments: Bahareh Wolfs, AICP [ ]Operating 0 Ordinance 5, 2007 P &Z Division Date: 12/29/06 Director �'^ Y Paper: PB Post [X] Other N/A Talal Benothman, AICP [X] Required Growth Management Budget Acct. #: Administrator NA Kara Irwin, AIC Approved By: Ronald M. Ferris Affected parties: [ ] Notified City Manager [X] Not Required • • Date prepared: December 15, 2006 Meeting Date: January 9, 2007 Petition: LDRA- 06 -12 -10 Ordinance 5, 2007 BACKGROUND The applicant is requesting an amendment to the Land Development Regulations (LDRs), specifically to the chart of permitted uses in Section 78 -159, in order to allow banks or financial institutions with drive - through facilities as a major conditional use in the Professional and Office (PO) zoning district. Currently, the LDRs do not allow drive - through facilities in the PO zoning district. The applicant proposes to include two provisions in order to maintain the integrity of the professional and office setting: the drive - through facilities will be limited to two (2) and will be located in the rear of the building. Additionally, staff recommends that the drive - through facilities be set -back 50 feet from adjacent residential districts. CITY CODE AMENDMENT Staff recommends approval of a text amendment in which Section 78 -159 is amended to state the following: (Deletions are stfue1E, new language is underlined): Table 21: Permitted, Conditional and Prohibited Use Chart PO CN CG1 CG2 Automatic /Self- Serve Car C P P Wash Bank/Financial Institution C* C C C 29 w /Drive Through Bank/Financial Institution w/o P P P P Drive Through Banquet C* C* C* C* 30 Facility Modification of Note 29: (29) Bank or financial institution. Bank eial institution with more than four- a.i:'e through b" win dews xh 11 be a conditional , Bank or financial institutions with drive - through facilities located on a property within a PO zoning district shall- 0 o Be limited to a maximum of two (2) drive - through facilities, excluding the required by-pass lane. .7 Date prepared: December 15, 2006 Meeting Date: January 9, 2007 Petition: LDRA- 06 -12 -10 Ordinance 5, 2007 • Have drive - through facilities that do not front upon adjacent rights -of -way. • Have the location of the drive-through facilities set -back 50 feet from any propert y line adjacent to a residential property_ Bank or financial institutions with drive-through facilities located on property within the CN, CG1 and CG2 zoning districts with more than four drive - through facilities shall be considered a major conditional use. STAFF ANALYSIS The City's Land Development Regulations define the intent of the Professional and Office zoning district below: Sec. 78 -145. PO -- Professional and office district. (a) Composition and intent. The PO professional and office district is intended to provide suitable space for professional offices. It is intended that these districts are used as a transition between more intensive commercial uses and residential development. These districts are designed to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards as described in this section be met. • Due to the intended use of the PO district as a transitional zone staff is sensitive to the nature of the zoning district and if banks or financial institutions with drive - through facilities are permitted as a major conditional use in PO, staff strongly encourages the recommended provisions that will safeguard the character of the office environment, as well as adjacent residential zoning districts. Staff has analyzed several local municipal codes in an effort to determine if drive - through facilities are allowed in professional office zoning districts. Staff notes in Table 1 (please see next page) that Palm Beach Gardens is the only municipality in the area that prohibits drive - through facilities in the professional office zoning district. Furthermore, several municipalities consider banks and financial institutions as use -by -right (UBR) in their comparable professional office zoning districts. The Village of North Palm Beach considers banks and financial institutions as a conditional use in professional office zoning districts. This research indicates that allowing banks and financial institutions with drive - through facilities in the professional office zoning district is consistent with comparable municipalities. Furthermore, please note that the City of West Palm Beach uses a provision that requires banks or financial institutions with drive - through facilities to be at least 50 feet from a residential zoning district. Staff proposes to include this provision, in addition to the aforementioned provisions. 3 • C7 • Date prepared: December 15, 2006 Meeting Date: January 9, 2007 Petition: LDRA- 06 -12 -10 Ordinance 5, 2007 Table 1: Comparative Studv of Municiaal Code Municipality In PO zoning Maximum lanes Other requirements permitted Permitted? Permitted Use distinction of drive - as... through facilities? Palm Beach Yes Conditional Yes None None Gardens use Boca Raton Yes UBR No No limit None Jupiter Yes UBR No No Iimit None West Palm Yes UBR No 2 (3 including All drive - through Beach ATM) facilities must be 50 feet from residential district North Palm Yes Conditional No Up to 3 None Beach Use Lake Park Yes UBR No No Limit Drive - through facilities not permitted in Downtown Overlay Northlake Yes UBR No No limit, but Must have adequate Overlay (Conditional allowed as a buffering from (NBOZ) Use with conditional use residential areas, have more than 3 adequate ingress, egress lanes) and access and must have proper vehicular stacking, circulation and turning movements If adopted, the proposed text amendment provides opportunities for financial institutions with drive - through facilities to locate in Professional Office zoning districts if approved by the City Council as a Major Conditional Use. Staff notes that the proposed stricter provisions on the location of drive - through facilities for the PO zoning district will not create additional non - conforming structures, as banks with drive - through facilities are currently not permitted in the PO zoning district. Consistency with Comprehensive Plan Future Land Use Element Objective 1.1.5: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Stafffinds that the inclusion of banks orfinancial institutions with drive - through facilities within the PO zoning district is in keeping with sound planning principles as illustrated in the comparative study, and due to the provisions added, will ensure the desired community character. 2 Date prepared: December 15, 2006 Meeting Date: January 9, 2007 Petition: LDRA- 06 -12 -10 Ordinance 5, 2007 • Objective 1.1.7.2: Regulations for buffering incompatible land uses shall be set forth in the City's land development regulations. Staff finds that PO land uses are ideally located to buffer more intense commercial land use from residential districts; therefore, staffanticipates residential land uses to be commonly located adjacent to PO land uses. Staff recommends a provision that requires the drive - through facilities to be set back 50 feet from residential zoning districts in order to buffer incompatible land uses. STAFF RECOMMENDATION Staff recommends approval of petition LDR- 06 -12 -10 C, • Date Prepared: December 20, 2006 40 ORDINANCE 5, 2007 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA RELATED TO PERMITTED USES IN 6 THE PROFESSIONAL OFFICE (PO) ZONING DISTRICT; 7 AMENDING SECTION 78 -159, CODE OF ORDINANCES, ENTITLED 8 "PERMITTED USES, MINOR, AND MAJOR CONDITIONAL USES, 9 AND PROHIBITED USES "; PROVIDING FOR CODIFICATION; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, Section 78 -159 provides a chart of permitted uses, minor and major 14 conditional uses, and prohibited uses; and 15 16 WHEREAS, Section 78 -159 currently prohibits bank or financial institutions with 17 drive - through lanes in the Professional Office (PO) zoning district; and 18 19 WHEREAS, the City Council has determined that it is necessary to amend 20 Section 78 -159; and 21 22 WHEREAS, this Land Development Regulations amendment petition (LDR -06- 46 12 -10) was reviewed by the Planning, Zoning, and Appeals Board as the duly constituted Land Development Regulations Commission at a public hearing on January 25 9, 2007, which recommended its approval by a vote of _ -_; and 26 27 WHEREAS, the City Council has determined that adoption of this Ordinance is in 28 the best interest of the residents of the City of Palm Beach Gardens. 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF PALM BEACH GARDENS, FLORIDA that: 33 34 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 35 36 37 SECTION 2. Section 78 -159, Code of Ordinances entitled "Permitted uses, 38 minor and major conditional uses, and prohibited uses" is hereby amended to read as 39 follows (deleted language is StFiGken thr Q }; new language is underlined): 40 41 42 43 44 71. 3 4 5 6 7 8 09 - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 R2 3 Date Prepared: December 20, 2006 Ordinance 5, 2007 Table 21: Permitted, Conditional and Prohibited Use Chart PO CN CG1 CG2 CR M1 M1A M2 P &I CONS PDA NOTE Automatic /Self- C P Serve Car P Wash Bank /Financial Institution C* C C C 29 w /Drive — Through Bank /Financial Institution w/o P P P P Drive Through Banquet C* C* C* C* 30 Facility (29) Bank or financial institution. Bank or financial institutions with drive - through facilities located on a property within a PO zoning district shall: o Be limited to a maximum of two (2) drive - through facilities, excludina the required by -pass lane. • Have drive - through facilities that do not front upon adjacent rights -of -way. • Have the location of the drive - through facilities set back 50 feet from any property line adjacent to a residential property. Bank or financial institutions with drive - through facilities located on property within the CN, CG1, and CG2 zoning districts with more than four drive - through facilities shall be considered a major conditional use. SECTION 3. Codification of this Ordinance is hereby authorized and directed. SECTION 4. This Ordinance shall become effective immediately upon adoption. 2 L, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 71 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 LA PASSED this day of PASSED AND ADOPTED this second 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: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY YS Christine P. Tatum, City Attorney Date Prepared: December 20, 2006 Ordinance 5, 2007 , 2007, upon first reading. day of , 2007, upon FOR AGAINST ABSENT G: \attorney_share \ORDINANCES \permitted uses - ord 5 2007.doc 3 CITY OF PALM BEACH GARDENS • PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum is • Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 Subject/Agenda Item: Petition PPUD 06 -08 -009, 2006: Turtle Beach PGA PUD — Parcel B Public Hearing and Recommendation to City Council: A request by Don Hearing of Cotleur and Hearing, on behalf of Turtle Beach, LTD, for approval of the Turtle Beach PGA Planned Unit Development (PUD) — Parcel B and rezoning of the property from Residential Medium (RM) to Planned Unit Development/ Professional Office (PUD/PO), to allow for the construction of a 5,150 square -foot financial institution with two drive- through facilities on a 1.01 -acre site. The Turtle Beach PGA PUD is located on the south side of PGA Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons PUD Phase III. [X] Recommendation to APPROVE with 2 waivers [X] Recommendation to DENY 1 waiver Reviewed by: Originating Dept.: Finance: PZAB Action: Growth Management: ( ] Approved Planning Manager — Brad Wiseman project S Administrator: [ ] App. w/ conditions Mana er g [ ]Denied Allan Owens City Attorney Stephen Mayer [ ] Rec. approval Christine Tatum Sr. Planner [ ] Rec. app. w/ conds. Development Building Accountant: [ ] Rec. Denial Compliance [X] Quasi – Judicial [ ] Continued to: By: K. Labossiere Bahareh Keshavarz - Wolfs, [ ] Legislative AICP [ X ] Public Hearing Fees Paid [Yes] P &Z Division per memo 12/26/06 Advertised: Attachments: Director 1 [X] Required • Applicant Narrative Talal Benothman, AICP [ ] Not Required Funding Source: • Reduced Plans Growth Manage nt Date: 12/29/06 [ ]Operating • Resolution 156, 2001 Administrator Paper: Palm Beach Post [X] Other NA Kara Irwin, AICP Budget Acct. #: Approved By: Ronald M. Ferris NA Affected parties: [X] Notified City Manager [ ] Not Required Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • BACKGROUND The applicant is proposing a new Planned Unit Development (PUD) for the subject parcel, located west of the Suntrust Bank building on PGA Boulevard (Parcel A). The subject petition is a request to develop a 5,150 square -foot financial institution with two drive - through facilities on a 1.01 acre site. On January 21, 1982, the City Council approved the DiVosta PGA PUD, through the adoption of Ordinance 32, 1981 and thereafter amended by Resolution 72, 1990. The original PUD did not include Parcel B (the subject parcel). The City approved a site plan for Parcel A, designed with a shared entrance to PGA with Parcel B, and approved a 48,700 square -foot building including a bank with 3 drive - through facilities ( SunTrust Bank). The City approved a Future Land Use Map amendment on October 5, 1995, through the adoption of Ordinance 10, 1995, which amended the Future Land Use Map designation on Parcel B from Residential Medium (RM) to Professional Office (PO). The zoning of the property remained RM, Residential Medium Density. LAND USE & ZONING The subject site has Future Land -Use and Vision map designations of Professional Office (PO). • The subject site is included within the PGA Overlay with an underlying zoning of Residential Medium Density (RM). The applicant is requesting a PUD zoning designation with an underlying zoning of PO, consistent with the future land use of PO. Please note, a Land Development Regulation amendment is being requested concurrent with this application because a financial institutional with drive - through facilities is not permitted in the PO zoning district. Prior to the final adoption of the PUD application by City Council, the proposed Land Development Regulations amendment which would allow drive - through facilities would also need to be adopted. • CONCURRENCY The subject site received concurrency approval for 5,150 square feet of financial institution with drive - through facilities on February 7, 2005. The applicant was required to file for an extension of the build -out date with Palm Beach County Traffic Division concurrent with this petition and received the build -out date revision on December 5, 2006. The approved build -out date is now December 2011. PROJECT DETAILS The subject petition is a request to develop a 5,150 square foot financial institution with two drive - through facilities, located on the south side of PGA Boulevard, adjacent to the existing SunTrust Office building on the southwest corner of Military Trail and PGA Boulevard. 2 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • Site Access The vehicle access will be located off of PGA Boulevard. The entry is one lane in and two lanes out, separated by a landscape island. This entry currently serves as access for the existing SunTrust Office Building site to the east of the subject property. Staff supports the proposed shared access as it encourages connectivity of commercial activities along the PGA Boulevard corridor, consistent with City Code Sec. 78- 211(f). Staff finds that the proposed widths of the drive - through lanes (8 feet) are not adequate for proper vehicular circulation. For reference purposes, drive - through lanes have been approved as narrow as 8.5 feet for the SunTrust Bank and Bank of America at the Mirasol Walk PUD. In keeping with recently constructed banks in the City, staff recommends that the applicant increase the size of the drive- through lanes to 8.5 feet. Architecture The proposed bank consists of a Mediterranean architectural style, accentuated with a barrel tile roof, decorative banding, window treatment and door ornamentation with keystones. The architecture includes articulated rooflines, decorative ornamentation, canopied windows and cast stone bandings. The east and north elevations include a dominant entrance feature, which further enhances the elevation. The colors of the building are compatible with the surrounding buildings: Light Beige and Cream (Sea Sand and Willow Twig) for the walls; Emerald Green (Scarab •Luster) for the accents; and Off White (White Mist) for the trim. In accordance with City Code Section 78 -221, PGA Boulevard Corridor Overlay, the drive - through facilities do not face PGA Boulevard and are located on the south elevation. Landscaping The landscape plan provides planting materials and quantities consistent with City Code. The perimeter of the site contains specimen oak trees, with greater emphasis placed at buffering the residential property to the south and a 55 -foot landscape buffer along PGA Boulevard. Ornamental Ligustrum trees are dispersed with a row of 10 Live Oak trees are proposed on the southern landscape buffer. The applicant is proposing a berrn and pedestrian amenities within the PGA Boulevard buffer. Staff notes that the applicant is not proposing landscaping on the western perimeter of the property because the adjacent property (PGA Commons) has provided a hedge and specimen oak trees. In lieu of a perimeter of landscaping, the applicant is providing a 10' utility easement for the city to utilize for any future irrigation plans. At the northern property line, the applicant has included a two -foot high landscaping berm as requested by staff. This buffer and berm includes Royal Palm trees to assist in screening the adjacent drive - through facilities. Along the perimeter of the building, a large landscaped area includes trees such as Royal Palm, Ligustrum, Crepe Myrtle, Saba] Palmetto and shrubs such as, Indian Hawthorne, Dwarf Cocoplum, Dwarf Podocarpus and Dwarf Yaupon Holly accented with European Fan Palm and Red Crinum Lily. Foundation plantings are proposed for the bank consistent with City Code Section 78 -320 and include Royal Palm and Alexander Palm trees and Boxwood shrubs. • City Code Section 78 -313 requires 1,979.2 landscape points; whereas 3,425 landscape points have been provided. 3 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 0 Parkin City Code Section 78 -345 requires one parking space per 250 square feet for banks. The total parking required for this site is 19 spaces, whereas, the applicant is proposing 26 parking spaces. The City Code allows developments to exceed the minimum parking requirement by 10 %, which in this case is equal to two additional parking spaces (21 spaces total permitted on- site). The applicant is requesting a waiver to allow for seven additional parking spaces. Section 78 -345 (d) (4) permits additional parking spaces if. a) additional open space is provided at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area; and b) the additional open space and landscaping is utilized to enhance the visual appearance of the improved site. The additional required open space to justify this waiver request is 1,196 square feet, which has been reflected on the site plan. 1,266 square feet of open space has been provided as an enlarged landscape island, located south of the drive - through facilities, which enhances the visual appearance of the site. Connectivity On November 1, 2001, City Council adopted Resolution 156, 2001 (please see attached), which supports the "Summary of Results" in the North Palm Beach County Traffic Summary, final report. This resolution serves as a policy statement to be utilized by staff in the review of development applications. Lack of connectivity was identified as one of the top five problems with regards to traffic patterns. Staff is concerned that an opportunity to alleviate current and is potential vehicle trips utilizing PGA Boulevard will be missed if the City does not require connectivity between the subject parcel and the PGA Commons Phase III. Staff finds that the potential for cross access will eliminate vehicular trips from PGA Boulevard by providing optional routes that provide direct access to Military Trail and avoid double tracking on PGA Boulevard. Please note that if this connectivity is made, vehicular traffic access will be possible from the SunTrust Bank to PGA Commons Phase II without the need to utilize PGA Boulevard. is Signal City Code Section 78 -285 permits one ground sign for the first 300 lineal feet of right -of -way. The applicant does not have the required initial 300 feet to allow a ground sign; therefore, the applicant is requesting a waiver to allow for one ground identification sign. The sign is proposed on the north side of the property, located near the entrance. The ground sign is 42 square feet in copy area, six feet in height and has a 10 -inch letter height. Section 78 -285 permits a 60- square foot sign, with a maximum height of 10 feet. The applicant is also proposing two building identification signs, a flat /wall sign for principal structure and a flat/wall sign for a ground floor tenant. They are located on the north and east elevation. The principal tenant sign (the north elevation) has a 36 -inch letter height and is 78 square feet in copy area. The secondary tenant sign (the east elevation) has a 24 -inch letter height and is 24.8 square feet in copy area. Section 78 -285 permits a 24 -inch letter height and a copy area of 39 square feet for the east elevation and a 36 -inch letter height and 73 square feet of copy area for the north elevation. 4 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • Site Lighting The applicant has provided a photometric plan as required by City Code Section 78 -182. There are no instances of off -site light spillage. The average luminance is 3.18 foot - candles (fc), with a maximum of 7.7 prevalent near the drive through lanes and a minimum of 1.0 fc in the vehicular areas. The applicant is not requesting a location for an ATM at this time. Drainage This project has received drainage concurrency. The project site lies north of an east -west canal running along the northern border of the PGA National Golf Estates. The site will utilize the onsite exfiltration trench to provide water quality pretreatment required by City Code and discharge into the PGA National Golf Club Estates canal system. The onsite stormwater drainage system consists of a conventional inlet catch basin and culvert type system to direct runoff to exfiltration trenches. CPTED Compliance The petitioner shall comply with the Crime Prevention through Environmental Design ( CPTED) principles included by staff as conditions of approval (Please see conditions of approval). Waivers • The applicant is requesting the following three waivers: Code Section Required Provided Waiver Discussion Section 78 -285: 1 ground sign for the 1 ground sign for Reduction of 55 (1) Permitted Signs first 300 lineal feet first 245 lineal feet lineal feet of Approve of right of way of R.O.W frontage to allow a stand alone bldg to have adequate signage Section 78 -345: 19 parking spaces 26 parking spaces 5 parking spaces, or (2) Increase in required minimum 19% additional Deny 21 parking spaces parking greater than or equal to 10% maximum Section 78 -362: Size 1 loading space 0 Absence of loading (3) and location of spaces Approve loading spaces 1) The applicant is requesting a waiver from City Code Section 78 -285 to allow for a ground sign for the first 245 lineal feet of R.O.W, which is a reduction of 55 feet of frontage necessary to permit a ground sign. The parcel is a stand alone infill site that will not have an opportunity for a ground sign without this waiver. A ground sign is beneficial • to the public as it delineates two parcels that share a common entrance, the SunTrust 5 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • parcel from the subject parcel. Otherwise, it would appear as one common site. Also, staff notes that the applicant's proposed sign is located approximately 350 feet west of the proposed PGA Commons Phase III ground sign. Therefore, staff finds that this waiver will not create unnecessary signage clutter along PGA Boulevard. Staff recommends approval. 2) The applicant is requesting a waiver from City Code Section 78 -345, which limits additional parking to 10% of the City Code requirement to allow for five additional parking spaces. Due to connectivity to the adjacent SunTrust PUD to the east of the property, the applicant deems it necessary to have these five additional parking spaces for overflow and alleviate a parking concern for the SunTrust site. The applicant has provided the additional 1,196 square feet of open space within the site that is required by Section 78 -345 (d) (4) for justification of this waiver. For reference purposes, this waiver has also been granted to the SunTrust Bank and Bank of America at the Mirasol Walk PUD. However, staff does not support the waiver, because the applicant proposes that the additional parking will be on the site of a separate PUD. Staff encourages the applicant to provide connectivity with the PGA Commons parcel to the west (please see condition of approval), which is in keeping with sound planning principles and would therefore qualify as a public benefit. Staff finds that a 24 -foot drive aisle connection is possible, and would support a parking waiver if the connection is made. Staff recommends denial. 3) The applicant is requesting a waiver from City Code Section 78 -362, which requires one • loading space for this site. The applicant has indicated that banks of this nature in the area have not had a need for a loading space. The applicant has stated that the armored trucks will utilize regular parking spaces and do not need a separate loading space. Therefore, the applicant is requesting a waiver for the absence of a loading space. In -lieu of the required loading space, the applicant is providing in excess of 511 square feet more than the additional open space required for waiver #2 and #4. For reference purposes, this waiver was also granted to the Bank of America and SunTrust banks at the Mirasol Walk PUD. Staff recommends approval. STAFF RECOMMENDATION Staff recommends approval of petition PPUD 06 -08 -09 with two waivers, denial of the waiver for additional parking, and subject to the following conditions: Planning & Zoning 1. Prior to issuance of the first building permit, the Applicant shall post escrow or make payment in -lieu for Art in Public Places in accordance with City Code. If the Applicant is proposing art on -site, an application for art approval shall be submitted prior to issuance of the first building permit and the art shall be approved prior to issuance of the first Certificate of Occupancy. If the art is not approved prior to issuance of the first Certificate of Occupancy, the City shall have the option of withdrawing the escrow. • (Planning & Zoning) 6 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 40 2. At no time shall staging of construction vehicles and/or service vehicles occur within a public right -of -way. (Planning & Zoning) 3. Prior to issuance of the first building permit for vertical construction, the Applicant shall install a six -foot tall construction fence with a privacy tarp around the entire property line. Closure of the existing sidewalk shall be coordinated with the Growth Management Department. (Planning & Zoning) 4. Prior to City Council review, the applicant shall revise the width of the drive- through lanes to 8.5 feet. (Planning & Zoning) 5. All tenant signage shall consist of the same style and color. (Planning & Zoning) 6. Prior to City Council review, the applicant shall relocate the bollards located in the pedestrian area so that they are flush with the vehicular parking area. (Planning & Zoning) 7. All on -site lighting shall be cast downward and shall be shielded from adjacent residential properties. (Planning & Zoning) 8. All on -site lighting shall be metal halide or equivalent lighting approved by the Police Department prior to the issuance of the first building permit, and consistent with the fixtures utilized at the neighboring developments. (Planning & Zoning) • 9. Prior to City Council review, the applicant shall include a 6 -foot wall along the residential canal, or the entire south boundary of the property. The wall shall be constructed of the same material and color as the one currently located on the PGA Commons site. (Planning & Zoning) 10. Prior to City Council review, the applicant shall provide a revised site plan showing connectivity between the subject parcel and the PGA Commons Phase III parcel to the west. (Planning & Zoning) Engineering 11. Prior to construction plan approval and issuance of the first land alteration permit, a public access easement shall be granted for all public sidewalks within the property boundary. (City Engineer) 12. Prior to construction plan approval and issuance of the first land alteration permit, the applicant shall provide written authorization from the appropriate utility companies (easement holders) allowing landscaping within their respective existing and/or proposed easements. (City Engineer) 13. Prior to the issuance of the first land alteration permit, the applicant shall provide a cost • estimate for public infrastructure, landscaping, and irrigation. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of 7 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • Florida. The cost estimate shall be based on 110% of the total combined approved cost estimates and shall be posted with the City, prior to the issuance of the first building permit. (City Engineer). 14. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide cost estimates in accordance with LDR Section 78 -309 and 78- 461 and for on -site project improvements, not including public infrastructure, landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. (City Engineer) 15. The applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities (City Engineer). 16. Prior to issuance of the first land alteration permit, the applicant shall submit signed and sealed construction plans with all pertinent calculations to the City Engineer for review and approval. (City Engineer). 17. Prior to construction plan approval, the applicant shall schedule a pre - permit meeting with City staff. (City Engineer). is18. Prior to issuance of the first land alteration permit, the applicant shall prepare. a plat, which shall be approved by the City and recorded. (City Engineer) 19. The applicant shall furnish to the City copies of all complete permit applications, certifications, and approvals for the project, to and from all regulatory agencies. (City Engineer) 20. The applicant shall provide written authorization from all applicable utilities agencies for construction of the landscaping, light poles, or drainage facilities within their utility easements. (City Engineer) 21. Prior to issuance of the first land alteration permit, the applicant shall submit signed, sealed and dated construction plans (paving, grading & drainage and water & sewer) and all pertinent calculations for review and comment. (City Engineer) 22. Prior to the issuance of the first land alteration permit for vertical construction, documents identifying the cross access and maintenance agreement and restrictions as necessary shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Engineer) is 23. The construction, operation and /or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 • any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities." (City Engineer) 24. Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 25. Applicant shall notify the City's Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City of Palm Beach Gardens. In the case of a city right -of -way, the applicant has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right -of -way and the subject development site. (Public Works) Landscaping and Maintenance 26. The Plat shall indicate a 55 -foot PGA Boulevard landscape buffer easement, including a public access for sidewalk location as approved in the referenced site plan. (City Forester) • 27. The existing irrigation of the 55 -foot PGA Boulevard parkway shall be taken off of reclaimed water and put on a private system prior to issuance of the first Certificate of Occupancy (City Forester) • 28. Any part of the PGA roadway shoulder shall be irrigated and landscaped as approved in the referenced landscape plan and maintained by the applicant, successors and assigns. (City Forester) 29. The applicant, successors and assigns shall be responsible for the maintenance of the median of PGA Boulevard adjacent to the property. The City may enter into a maintenance agreement with the applicant, successors and assigns at any time in the future for the maintenance of PGA Boulevard medians, including irrigation and landscape maintenance. (City Forester) 30. All utilities shall be located underground, and all utility boxes shall be screened from the PGA Boulevard parkway. (City Forester) Crime Prevention Through Environmental Design 31. Prior to issuance of the first Certificate of Occupancy for the building, lighting locations and building addresses shall not conflict with landscaping, including long -term tree canopy growth. (Police Department) 9 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 is 32. Prior to issuance of the first Certificate of Occupancy for the building, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near entryways and adjacent sidewalks for said building. (Police Department) 33. Prior to the issuance of the first building permit, the applicant shall provide a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5" X 11" map format. (Police Department) 34. Prior to issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non - compliance with the approved security and management plan may result in a stop - work order. (Police Department) 35. Prior to issuance of the first Certificate of Occupancy for the building, all numerical addresses shall be placed at the front of the building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi- directional visibility from the roadway (when applicable), shall consist of 8 inches in height and shall be a different color than the color of the surface to which they are attached. (Police Department) Miscellaneous 36. Prior to the issuance of the first building permit for each phase, digital files of the approved • plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase. (GIS Manager, Development Compliance Officer) • 37. The Applicant shall be required to notify the City's Public Works Division via fax at least 10 working days prior to the commencement of any work/construction activity within any public right -of -way within the City. In the case of a City right -of -way, the property owner has at least five working days to obtain a right -of -way permit. Right -of -way permits may be obtained at the Building Division. Failure to comply with this condition may result in a stop -work order of all work/construction activity within the public right - of -way and the subject site. (Public Works) 10 is 0 Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Residential, Medium Professional Office Density (RM) North Mixed Use (MXD) Mixed Use Borland (Midtown) South Residential Low Density -2 Residential Low Golf Club Estates North (RL2) @ PGA National Planned Community District (PCD) West Mixed Use (MXD) Mixed Use PGA Commons East General, Commercial Commercial SunTrust Building (CG1) Planned Unit Development (PUD) is • • Date Prepared: December 26, 2006 Meeting Date: January 9, 2007 Petition PPUD 06 -08 -09 TABLE 2 CONSISTENCY WITH THE CODE Code Requirement Proposed Plan Consistent? Site = Minimum Site Width 245 feet Yes 100 feet: Maximum Building Lot 11.51% Yes Coverage: 35% Maximum Building Height: 36 feet Yes 36 feet Setbacks: Yes Front: 50 feet Front: 55' Side: 15 feet Rear: 55' Side Street: 40 feet Side (S): 15.4' Rear: 15 feet Side (N): 125' Parking Required: 19 26 spaces No, (Waiver Parking Allowed: 21 Requested for 5 additional spaces) 12 3 October 19, 2001 i, RESOUTION 156, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE RESULTS OF THE NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM BEACH GARDENS ON MARCH 30 AND 31, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has taken a leadership role in addressing existing and potential traffic congestion in Palm Beach Gardens and adjacent areas; and WHEREAS, in coordination with Palm Beach County and the Town of Jupiter, the City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on March 30 and 31, 2001, which was attended by local officials representing various local governments and other groups in northern Palm Beach County and southern Martin County; and WHEREAS, the City of Palm Beach Gardens formally supports the recommended policies that resulted from the traffic summit and is working with the other communities in • this area to implement those policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: • Section 1. The City Council hereby supports the "Summary of Results" from the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit "A." The top four problems identified in these results are connectivity, land -use patterns, level of service and modes of transportation. Section 2. The City Council hereby acknowledges that the above problem areas are conceptual and have different relevance to individual projects based on the design parameters of the specific project. Section 3. The results of the traffic summit shall be used as a planning tool and policy statement, but neither the adoption of this document by the City Council nor the inclusion of any statement within this document is intended to amend, alter or modify the existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such changes necessary to implement the results of the traffic summit would require subsequent adoption in accordance with the applicable procedures required by the City Charter and Florida law. Section 4. This resolution shall become effective upon adoption. Resolution 156, 2001 October 19, 2001 • PASSED AND ADOPTED THIS DAY OF U,-c k 2001. ATTEST: - J. CA"RQ.L�G:OLD' 14C 'CITLERI ",� VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN i • COUNCILPERSON CLARK i COUNCILPERSON FURTADO COUNCILPERSON SABATELLO / • gAs6resoRtrafsumm it Resolution 156, 2001 2 P RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN CITY ATTORNEY NAY ABSENT Ll • • EXHIBIT "A" NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT SUMMARY OF RESULTS SUMMARY All traffic problems discussed fell into five categories: Community Character Connectivity Land Use Patterns Level of Service Modes of Transportation The five top problems identified in each category were as follows: Community Character: Lack of Connectivity Mass transit not used or accepted Existing power lines Lack of pedestrian bike paths between neighborhoods No intergovernmental coordination Connectivity: Gated communities with single entry Lack of pedestrian paths between neighborhoods Lack of optional routes Resistance to connectivity Not enough east /west corridors Land Use Patterns: Connectivity Disincentives for collaborative work Resistance to connectivity General separation of land uses Low - density development creates greater distances Level of Service Uniform countywide level of service encourages sprawl Constricted roadway at lower level of service (CRALLS) Lack of connectivity Disincentives for collaborative work Defining reasonable standards for capacity Modes of Transportation Lack of funding Lack of meaningful bus service Lack of optional routes Cars needed to perform routine tasks Mass transit not used or accepted NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT, MARCH 30& 31, 2001 FINAL REPORT Cotleur & Hearing February 1, 2005 Revised March 19, 2005 PGA o ffice Parcel Statement of Use (Development Application and Rezoning Request) Introduction Turtle Beach, Ltd., (the `Applicant') is requesting development approval for an approximately 1.01 -acre site in the City of Palm Beach Gardens. The parcel is zoned RM / PGA Overlay, with an underlying Professional Office land use designation. The property is located on the south side of PGA Boulevard, adjacent to the west side of the SunTrust Office Building, which is located at the southwest corner of Military Trail and PGA Boulevard. The parcel is west of Military Trail and I -95. Located in the PGA Overlay District, the sits is subject to the specific regulations of that district. Concurrent with the development application, the Applicant is requesting to rezone the property from • RM to a PUD, in order to mainatin consistency with surrounding parcels and properties. Project Contacts All correspondence in connection with this request should be directed to: Cotleur & Hearing Inc. Donaldson Hearing, ASLA / Kimberly Thaler, Land Use Planner 1934 Commerce Lane, Suite l Jupiter, Florida 33458 Phone: (561) 747 -6336 Ext. 202/227 Fax: (561) 747- 1377 Email kthaler @cotleur- hearing.com GOOF PsG Alf, OUj NNING •0IV0 �I tVG "C zCo Hearing � 93c Cor,vrrce we Sine 1 Jjpne; -"ido 37456 50 7e7 036 Fm 747 1377 PGA Office Parcel Site Plan Application DiVosta PGA Office/ Bank Building Project Team • Property Owner / Developer Turtle Beach, Ltd. 4500 PGA Boulevard, Suite 207 Palm Beach Gardens, Florida 33418 Tel: (561) 691 -9050 Fax: (561) 622 -1851 Contact: Phil Brandt Civil Engineer Lawson, Noble & Webb, Inc. 420 Columbia Drive West Palm Beach, Florida 33409 Tel: (561) 684 -6686 Fax: (561) 684 -1812 Contact: Bob Lawson Traffic Engineer Pinder- Troutman Consulting, Inc. 2324 S. Congress Avenue, Suite 1 -H West Palm Beach, Florida 33406 Tel: (561) 434 -1644 • Fax: (561) 434 -1663 Contact: Kahart Pinder • Land Planner and Landscape Architect Cotleur & Hearing, Inc. 1934 Commerce Lane, Suite l Jupiter, Florida 33458 Tel: (561) 747 -6336 ext. 113 Fax: (561) 747 -1377 Contact Donaldson Hearing / Kimberly Thaler Surveyor Lawson, Noble & Webb, Inc. 420 Columbia Drive West Palm Beach, Florida 33409 Tel: (561) 684 -6686 Fax: (561) 684 -1812 Contact: Bob Lawson Cotleur Healing 1934 Ccrtx &c a tw e. Suue I JUPMe!, : VM 33458 SCI 747 6336 Fcp- 747 13;7 2 PGA Office Parcel Site Plan Application General Project Description • The Applicant is requesting approval of a development application for 2,650 SF of office space and 2,500 SF of branch bank, with a two lane drive thru. The site is a 1.01 -acre parcel located on the south side of PGA Boulevard, adjacent to the existing SunTrust Office building (southwest corner of Military Trail and PGA Boulevard). Zoning /Land Use The underlying land use designation for the project site is Professional Office. The property lies within the RM / PGA Boulevard Corridor Overlay District, and would therefore be subject to the regulations outlined for both districts in the Palm Beach Gardens Land Development Regulations. The Applicant is requesting the parcel be rezoned to PUD in order to accommodate the proposed development program and for consistency with the surrounding land uses. Vehicular Access and Circulation There is one point of vehicular ingress / egress from the site, directly off of PGA Boulevard. The entry is one lane in, and two lanes out, separated by a landscaped island. The proposed point of access for the site is existing, and is one of two access points that service the SunTrust Office Building to the east. The shared entry is consistent with Section 78- 221(f) of the Land Development Regulations which states that neighboring • properties in the PGA Overlay District "are encouraged to link their parking lots together and to share common driveways ". Vehicular circulation throughout the site is two -way, and is divided into two primary parking areas. A total of forty-one (41) parking spaces are provided on -site, including two (2) handicap spaces which are required by Code and are located at the front of the property to provide a direct route into the proposed building and to the sidewalk / pedestrian system along PGA Boulevard. The Applicant has proposed parking spaces which do not meet the minimum dimension requirements of 10'- 0" x 18'-6". The proposed parking stalls (not including handicap) are 9' -0" x 18' -6 ". The Applicant is requesting a waiver for the reduction in the parking space dimension. The site has been intentionally underdeveloped and "overparked" in order to accommodate for the parking deficiency on the adjacent site to the east, which is home to some of the City's largest employers, including DiVosta, Inc. and SunTrust Bank. The applicant has provided additional open space to accommodate for the reduction in paved area, as specified in Section 78 -344 (1)(2)(a). • Pedestrian Circulation The Applicant has provided pedestrian connections from the proposed building to the front and rear parking lots, as well as to the existing 6' concrete sidewalk which runs along PGA Boulevard. The Applicant has adequately linked the proposed office building with the PGA Boulevard pedestrian system. A pedestrian courtyard amenity has also been added to the street side of the building, which includes palm plantings, a bicycle rack, trash receptacles and benches. -otleur Hearing 1932 Gomme•ce Lose, SdIe 1 J,0"e•, ialtla 33468 661 i476336 Foa 747 1377 3 �J • • PGA Office Parcel Site Plan Application Site Program / Compatibility The proposed mix of office and bank use on the site is compatible with surrounding land uses and the overall character of this portion of PGA Boulevard, west of Military Trail. The proposed service component of the bank and drive thru is particularly appropriate for this area, as it fits in with the desired "Main Street" character of PGA Boulevard. The site plan accomplishes many of the City's goals as defined in the regulations for the PGA Boulevard Corridor Overlay, including providing ample open space and encouraging pedestrian amenities such as well - designed walking paths, generous plantings, etc. Setback Requirements Section 78 -221 (4)(a)(1) of the City's Zoning Code states that all lands west of Prosperity Farms Road that front onto PGA Boulevard are subject to a special setback requirement that does not allow for structures or paved areas for motor vehicles to be installed within 55 feet of the road right -of -way. The proposed building is setback +/- 57' from the southern right -of -way line of PGA Boulevard, however, the northernmost parking area is setback only 15' from the PGA Boulevard right -of -way line. When the 55' easement was originally established, and dedicated to the City by the MacArthur Foundation, the subject property and the adjacent property to the east, were not included, as they were under separate ownership. The City constructed a sidewalk along the north property line of the site, without obtaining an easement, and at that time, agreed to work with the property owner in the future to develop their parcel. The subject property would essentially be un- developable if improvements were not permitted within the proposed 55' buffer. The proposed configuration of the subject site respects the 55' setback with respect to building placement, with only parking areas located within the 55' area. The subject property provides a transition to the site to the east, which does not adhere to the 55' setback, as originally agreed upon by the City. Landscape and Buffer Bountiful landscaping has been provided along the PGA Boulevard Corridor in order to achieve the City's vision of "greening" the corridor and creating the desirable feeling of expansive open space. Substantial landscape buffers have been incorporated along the western and southern boundaries, providing adequate screening between the subject site and the mixed use development to the west and the residential development across the canal to the south. Architecture The architecture for the proposed building is timeless and classic in style, and is scaled proportionately to existing, surrounding uses. Harmony is achieved through an appropriate use of scale, proportions; form, materials, texture and color. All building elevations are treated equally, with the same care and consideration given to style and details on the northern, street -side fagade and the south, east and west facades which face parking areas or adjacent developments. Details, such as awnings, have been added to the fagade to achieve a more personal, pedestrian- oriented scale. �otleur Hearing 1934 Cortrre ce Lose Salle I Jjpft&' =b4tlo 33458 5! 1 747 0330 Fox 147 1317 4 PGA Office Parcel Site Plan Application Waiver Requests • The Applicant is seeking City Council approval of four (4) waivers, as ermitted b the P Y City of Palm Beach Gardens Land Development Regulations (LDR) Section 78 -158, to allow relief from the following site development regulations. Waiver Request 1 - Parking Stall Width SECTION 78 -344 (])]a — Decrease in Width of Parking Stall The Applicant is requesting a waiver from the required minimum width of a parking stall for an office use. According to the Palm Beach Gardens Code, off - street parking spaces are required to be 10' -0" in width and 18' -6" in length. However, subject to City Council approval, reduced spaces are permissible for office uses. The Applicant is requesting a variance to allow for a reduction in the parking stall width, to allow for 9' -0" stalls. The waiver is being requested to provide for consistency with the adjacent property to the east, which was approved and developed with parking spaces that measure 9' -0" in width. The drive aisles have been subsequently widened to 26' -0" to accommodate for this reduction. Waiver Request 2 — Required Off - Street Loading Spaces SECTION 78 -364, Table 35 — Reduction in Required Number of Loading Spaces Section 78 -364, Table 35, states that one (1) loading space is required for structures • containing 0 — 10,000 SF of professional office space. The Applicant is requesting a variance from this Code requirement, as they have not proposed any loading spaces on their site plan. The variance is justified in that the mix of professional office space and a drive thru bank use will not typically have any need for a loading space, in association with the uses occurring in the building. There is adequate on -site parking and there are sufficient vehicular mobility options throughout the site. • Waiver Request 3 — Wheel stops SECTION 78 -344 (e) — No wheel stops in parking spaces The Applicant is requesting a waiver from the requirement to provide wheel stops, bumper stops or non - mountable concrete curbing within all parking spaces. Wheel stops have not been proposed in any parking spaces on the site. Wheel stops, when present, create safety issues and take away from the aesthetic quality of the site. The purpose of the wheel stop, to avoid encroachment into landscape areas and to avoid conflicts and encroachment into pedestrian facilities, remains satisfied with this waiver request. Parking stalls are proposed to be 16' -0" in length, with 2' -6" overhangs, which do not overlap with any pedestrian routes or required landscape buffers. Cotleur Heanng 1934 Comm,Fte Lo-e. Suite I Ai", :0-ioo 33456 561 747 030 RD 47 1311 PGA Office Parcel Site Plan Application Waiver Request 4 — Parking Stall and Bay Dimensions • SECTION 78 -344 (L)(3) — Reduction in paved area of parking space • • The Applicant is requesting a waiver to allow for a reduction in the required paved parking space area, to allow for parking spaces which measure 16'-0" in length, with unpaved 2' -6" vehicle overhangs. The Applicant is requesting the reduced parking space depth for the purpose of reducing the amount of paved and impervious area throughout the site. Also, the Applicant is requesting a waiver from the requirement prescribing wheel stops for all parking stalls. The proposed parking configuration is clean and hazard free, and adjacent landscaping will be located so as to eliminate any potential conflicts with parked vehicles. Waiver Request Table The following table briefly summarizes the waivers being requested by the Applicant. WAIVER APPLICABLE REQUIREMENT / PROPOSED DEVIATION REQUEST CODE ALLOWANCE SECTION Parking Stall Sec. 78- Off - street parking Off - street parking 12" from the typical Width 344(I)la spaces should be a stalls which measure parking space width minimum of 18'6" by 910" by 18'6" 10'0" Off - Street Section 78 -364, One (1) loading space No loading space One (1) less loading Loading Table 35 for 0 - 10,000 SF of space than required by proposed office use Code Wheel Stops Section 78 -344 Wheel stops required No wheel stops are Reduction of wheel (e) in all parking spaces proposed in on -site stops in parking spaces parking spaces Parking Stall Section 78 -344 Entire minimum 16' of paved parking Reduction of paved and Bay (1)(3) dimension of parking space length; with area for parking space Dimensions space should be paved 2' -6" unpaved by 2' -6" vehicle overhang Conclusion The Applicant is requesting Site Plan Review for the development of 5,150 SF of professional office and branch bank space on a 1.01 -acre parcel on the south side of PGA Boulevard, west of Military Trail, in the City of Palm Beach Gardens. The proposed mix of uses is allowed by right within the CG1 Zoning District, and is compatible with surrounding development. The development meets the County's Traffic Performance Standards (TPS). The Applicant is looking forward to providing a high quality development along the visible PGA Boulevard Corridor. - .otleur Heanng 1734 Cmvrerce LOW Wfe I Jx0w. :066 `Y16 5:17476336 faai47137i 6 • • —,,,„ CITY OF PALM BEACH GARDENS ' MEMORANDUM TO: Craig Kunkle, PZAB Chairman DATE: 01/03/2007 FROM: Richard Marrero, Planner 0%r(\,. THRU: Kara Irwin, AICP, Growth Management Administrator Brad Wiseman, Planning Manager IdN SUBJECT: PUD- 04 -03, Legend's at the Gardens (Walgreens) CC: Christine P. Tatum, City Attorney File The above - referenced petition is scheduled to be heard at the January 9, 2007, Planning, Zoning and Appeals Board meeting. The applicant has requested that the petition be continued to a later date 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 January 9, 2007, Planning, Zoning and Appeals Board agenda to the February 13, 2007 agenda. )an 03 07 07;01 p Vms Ltd Jw)uary 3, 2007 Mr. Richard Mamro Planner City of Pal m Beach Gardens 10500 North Military Trail Palm Beach Gardens,l'L 33410 -4696 Re. Legends at the Gardens (Walgreens) PUD -04 -03 • Planning and Zoning card Meeting Postponement CH Project 03 -0913 Dear Richard: 7727814498 p,2 Please accept this letter as your written authorization requesting postponement of the Legends at the Gardens (Walgreetis) PUD agenda item from the January 9, 2007, Planning and Zoning Bard meeting to the January 23, 2007, Board meeting. The project team would like to take this additionai time to resolve any final issues that Staff may have with the application. We hope to move forward to the January 23, 2007, Planning and Zoning Board meeting with support from Staff. Please feel free to co3atact me if you have any questiotLS or concerns. Thank you ror your cooperation in this matter. Sincerely yours. `foe l Prince, Applicant rel ephone: 772 -530 -4800 Fax: 772 -781 -4498 JP:ds • c: D. yl,earing "ffm = duvoPar,slwdW o 4*1 a LUt'4'*-1,1- 6.i dea1PRZ P-(9-11 LAN ttegrn� 1.4111 Kee AfiW—JAK • A new approach to developing treatments for Alzheimer's disease: progress and possible spin -offs Malcolm A. Leissring, Ph.D. S C R I P PS F L 0 R I D A T II K. SCH I PI'S RESEARC II INSTI']1YI'E • History of Alzheimer's disease Alois Alzheimer 1964 -1915 • "Auguste D." 1950 -1906 • ALZHEIMER'S DISEASE IN 2006 • Most common cause of dementia • Affects 3 -4 million Americans, 15 -20 million worldwide • Accounts for > $100 billion in annual costs in the U.S. alone • No cure or effective treatment 0 is .7 P-amyloid (AP) • primary constituent of senile plaques a short protein fragment (37 to 43 amino acids) very "sticky ", especially the longer forms • produced naturally by all of us • people with inherited forms of Alzheimer's produce too much P- amyloid • • 3 B- amyloid precursor protein (APP) B- secretase iei6 � Life history of amyloitl 0- protein (AR) B- amyloid precursor protein (APP) go N RVI� B- secretase ��It�•- �,++rrMw�r�+wi Life history y-secretase of amyloid =* mom B- protein (AB) B- amyloid precursor protein (APP) d1F B- secretase r«.w�lb1 c Life history y- secretase of amyloid a B- protein (AR) aggregation B- amyloid precursor protein (APP) B- secretase Life history y- secretase of amyloid B- protein A aggregation WO P proteolytic�; r¢ degradation � 1 rd.1� B- amyloid precursor protein (APP) '' wo 1!iMMMIM� B- secretase Life history y- secretase of amyloid A clearance" B- protein AD) aggregation e�f1r proteolytic �R+� degradation �r��, w r,���••■'rc),,,�, proteolyt� degrad tion AR- degrading proteases • Insulin- degrading enzyme (IDE) • Neprilysin (NEP) • endothelin- converting enzyme 1 and 2 • Others — Plasmin • t -PA • u -PA — Cathepsin D — Angiotensin- converting enzyme — MMP -2, MMP -9 "unclogging the drain" can completely prevent Alzheimer's disease in mice No treatment + AR- degrading protease Leissring of al.. Neuron 2003 • • Peripheral AR d • Peripheral and central pools of �� are in dynamic equilibrium ; - Peripheral All- binding compounds reduce brain Ali • Proteases have advantages that may render them ideal therapeutics catalytic irreversible ff • This means Alzheimer's can be treated without drugs ever entering the brain ! • AR- degrading proteases • Insulin- degrading enzyme (IDE) • Neprilysin (NEP) • endothelin- converting enzyme 1 and 2 • Others — Plasmin • t -PA • u -PA — Cathepsin D — Angiotensin- converting enzyme — MMP -2, MMP -9 18 • roam * Vol 443110 DdAw M061M'k10o1Rl��Ws403W LETTERS Structures of human insulin- degrading enzyme reveal a new substrate recognition mechanism Yuequan Shen, Andrzej Joachimiak', Marsha Rich Rosner' & Wei -Jen Tang' Yd 44x1 %x JUy 2006 NEWS & VIEWS STRUCTURAL BIOLOGY Enzyme target to latch on to Malcolm A. LeiSSring and Dennis J. Selkoe • Insulin- degrading enzyme (IDE) EC 3.4.24.56; a.k.a. insulysin, insulinase • closed rrrr open �J d, \ n i4N'' closed open • . . ' I 1 in � ay ':,� •`"- �`,`'�� � r �; ys. Inc: • We have discovered small molecules that activate insulin- degrading enzyme 350 300 250 200 � _ I 150 100 50 p — - -- �W 1 10 100 1000 [Activator 11 (uM) 1? • The "spin- off ": IDE inhibitors • a badly needed tool for investigating IDE's role in Alzheimer's • currently only very poor inhibitors are available • may hold therapeutic potential in diabetes... ...and wound healing ...and chicken pox / shingles ...and life -span extension? • Mice lacking IDE have elevated insulin levels 2.0 ,-. 1.5 (A J S E E 1.0 3 � N N 0.5 0.0 IDE +/+ IDE-/- p < 0.01 l� • IDE inhibitors enhance effects of insulin 100 0.5 u/N 1•0 u/K A BO u O 8 60 M z 40 u W �1 SALINE ° !0 1. - -� L HIUITOR 0 , 0 I S HOURS AFTER INSULIN Mirsky, Science 1955 • A known inhibitor of IDE (bacitracin) promotes wound healing £! /ertive, LongLo1L/ng lnfcdlon protedlon a «y nn. a.«r .ems..• OR.�N' we have designed inhibitors that are 1,000,000 times more potent 14 • IDE inhibitors increase the action of insulin within cells insulin: + - + - IDE inhib: - - + + phospho -p175 ► IRS-1/2 Insulin Degrading Enzyme Is a Cellular Receptor Mediating Varicella- Zoster Virus Infection and Cell -to -Cell Spread Ong— U,' Mir A. All,' aril Jeffrey I. Cohen'' ,M.d -I Nrdoay Smbm. l�rab, d C1k 1Iriocl­ Dam Nat bml Imttt to at HealN. BeVOSda, MD. 20892 USA 'CmWc Of_iO "nn ga, Colo 1016/1�1200B08046 IDE inhibitors prevent chicken pox and shingles ! 0 I • Inhibition of IDE in worms enhances lifespan ! Bacteria Mean lifespan Vector (pAD12) 29 ds daf -16 (pAD43) 15 ds F44E7.4 36 ds CO2G6.1 34 ds CO2G6.2 51 ds Y7005C.1 35 ds • • 16 • CND: LDDN: Dennis Selkoe Ross Stein Greg Cuny John Bruning Li -An Yeh Xuechau Choi Wes Farris Jake Ni Camille Caclin Todd Logan Malwina Huzarska Alice Chang Others: Scott Wu Frank LaFerla Ben Turk Lei Cai Lennart Mucke Lewis Cantley John Hogenesch Paul Saftig Alan Jacobson Alice Lu Cynthia Kenyon Andy Dillin Dominic Walsh Marta Gaglia Ehud Cohen Dave Teplow Mike Wolfe Support: Chittaranjan Das Alzheimer's Association Mike Bowman NIA Jennifer Busby NINDS • so S C R I P P S 0 I,,,,I , Thank you !!!! Jimmy Zhao Kendall Nettles Peter Hodder Lilly Li John Bruning Tim Spicer Anna Leech Jeff Habel Louis Scampavia Malwina Huzarska Maria Rodriguez John Hogenesch Charles Weissmann Nagi Ayad Josephine Harada Vittorio Verzillo Scott Simanski Trey Sato Tony Smith Amanda Kuber James Tam Mark Gosink Yi -An Lu Jennifer Busby Valerie Cavett Mike Chalmers Emily Wu and staff Jeremiah Tipton Pat Griffin Tammy Richmond Candy Walker Stephan Schurer Patty Doherty AJ Brockman The Unforgettable Fund • 17 J Scri s and its Spin -Offs: The Business of Science Palm Beach Gardens, Nov. 9, 2006 Claes Wahlestedt, M.D. Ph.D. Professor and Director (Neuroscience Discovery) The Scripps Research Institute - Florida The Scripps Research Institute: Mission s Perform high impact basic biomedical research s Improve the human condition by fostering translation of scientific discoveries into useful products s Enable the highest quality graduate scientific education and post graduate scientific training i • Building a biotech spin -off company: it takes a campus Universitv or Research Institute + favorable environment- Mass. Inst. Technol. (MIT) in Cambridge, MA Nate. Inst. Health (NIH) in Bethesda, MD Stanford in Palo Alto, CA Univ. Calif. San Diego / Scripps / Salk in La Jolla, CA Scripps in Jupiter, FL • Scripps Florida Status 11 /06) Florida Atlantic Universe y, Jupiter Campus Phase I (Feb, 2005) 41,000 sq ft lab space Trailers (3) T t 1 190 people: 152 scientists including 25 faculty Phase II (Sep, 2006) n1!Mw' 33,000 sq ft lab space milli® Additional trailers (2) R Rp Phase III (early 2009) -W �ISillil I� 310,000 sq ft lab space 40,000 sq ft admin space • • Building a biotech spin -off company: types of inventions • Service: fast, low risk but low return • Diagnostic; tools: medium risk, return • Drug: slow, high risk but high return • Medical Devices: comparable to diagnostic tool • Biotech's Global -ness Begins Day 1 • Science /technology • Intellectual property /patents • People • Capital • Markets -- diseases know no borders • Even the smallest biotech is a global player 3 Major Biotech Initiatives Not Just in US /Europe, but also... • Japan • China • Russia /Eastern Eur. • Cuba • India • Brazil • Malaysia • Thailand 0 • Korea • Singapore Israel • Bahrain /Dubai /Middle East • South Africa • Canada • Australia /New Zealand Top 5 US Pharma vs. Biotech Market Cap „W Top US Pharma soon � ssao i v s.ao Total Biotech Market Cap s— s2m siao YWI —2 m3 1Wa 2— • 51 Building a biotech spin -off industry: a few recent year 2006 numbers LICENSOR LICENSEE UP -FRONT MILESTONES Building a biotech spin -off company: sources of seed - financing • Family and Friends • Business "Angels" • Federal grants • Venture capital investors • Public seed funding • 5 (up to) Regeneron Bayer $75M $275M Intermune Roche $60M $420M Infinity Medimmune $70M $430M ChemoCentryx Glaxo $63.5M $1,500M Actelion Roche $75M $555M Human Genome Novartis $45M $507.5M Building a biotech spin -off company: sources of seed - financing • Family and Friends • Business "Angels" • Federal grants • Venture capital investors • Public seed funding • 5 • Feel Good /Feel Better Drugs Product For Company •Lipitor Lowers Cholesterol Pfizer •Propecia Male Pattern Baldness Merck •Renova Wrinkle Remover JNJ •Celebra Arthritis Pain Pfizer -Sonata Insomnia Wyeth •Evista Osteoporosis Eli Lilly •Detrol Incontinence Pfizer •Viagra Male Impotence Pfizer • Chronic Disease • 125 million Americans have 1 or more chronic conditions (e.g. congestive heart failure, diabetes, Alzheimer's) • Chronic diseases account for 75% of all health care expenditures • Current costs for chronic diseases is approaching $1 trillion • These expenditures are not delivering what is possible 0 lei • Aging ... Is it a disease? • About 1.4 million Americans are in their 90s, and another 64,000 are 100 years old or older • Baby boomers represent 30% of the total US population • Per person, seniors consume about five times the drugs of their working -age counterparts • By 2030, 20% of US population will be over 65 years of age • • 7 Big "new" markets • Alzheimer's /memory • Anti -aging • Obesity /diabetes • Wellness (preventative /predictive cure) 0 r NOBELSTIFTELSR 1 -be Nobel Foundation a 2006 Nobel Conference: "The Functional RNA World" (C. Wahlestedt, Chair) Andy Fire & Craig Mello, Physiology or Medicine, 2006 Roger Kornberg, Chemistry, 2006 • I • • What we eat plays a big part in how long we'll live, and how healthy we'll be in the process .DICALBULLETIN I • Human Diversity Genome variation Difference R Difference • 10 I • The genetic basis for the variation in health among human beings 0 Alzheimer's depression, schizon renia, autism, addictions Genes : 6o -80% DNA ` Amino Adds „ e Cell s f j1 afn, -+ it III, PROTEIN is II �tE) �' Nuclear a �e II RNA �e Is Membrane RiGosorne Environment: 20 -40% N • 11 • What you eat — "or what your mother ate" can determine our health! . ;YiEu f Genetically identical mice from genetically identical mothers were fed different amounts of specific nutrients during pregnancy • Future: Tailor Made Medicines 12 Please Print Name: —7L Address: _ City: Subject: I COMMENTS FROM THE PUBLIC Request to Address City Council N N U J � O �co v a d a U _O m n V Q E U W N a Q LL Q 0 c r c c rn2 me cQ ' r U m m Em `L o r O D yRCcL qoE c Q m EL a n ' 7 J J � a the City Council during the "Comments by the Public" Hearings ". This Request to Address the City .3ublic 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Cl (iL�%y I P P� �C Address: U City: P B 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: r 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 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. Please Print Name. Address City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council �- cV - V-� C-1- J �- q o f 0 o l r 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. Please Print Name: Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: I j tl ,-1 L . d Address: q Ll 0 14 City: 1p 06 Subject: /3 (� 1414 h /, Z�r/ C1/4,t (,",( . 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: C� R o L 4 VU Address: 715 4 U P50 /1) D City: 1 � • Subject: Vq�-LI(n 1Z�AC. V G 1� R r F I) A l 6 R S C ttoL,7 L, 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: M A& N O L i A S T City: � �m �/� � W �� Q�� P � S Subject: ���� s-► ���U� ��-�✓�� V(ZTLI� �� Ch1 1 �� 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. Major Projects 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 See Attachment for Approved projects within the city PALM BEACH GARDENS 3, 300 0 3, 300 6,600 9,900 13,200 Feet A Signature City - 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 Major Prop CIS Concurrency Concurrency Certification DRC� DRC Certification Planning &Zoning City Council Concurrency Build out Dade 4 Submittal Date O (Dec 31) 31 Central Park (Parcel December 26, 2000 January 3, 2003 December 9, 2004 January 10, 2006 JB 31.06 131.07) MarLb 20,2i102 Rezoning from PDAto fjnJ use . hati,E e fr -4n Rif b M XDIPUD Contact:Tara•Lynn Patton; tilt/ Workshop 775 -2120 2005 Moved Use Project 85,000 sq ft neighborhood cornrnercia I 115000 sgft off ice, 200 multi - famity units. 38 Cimarron Cove March 28, 2003 April 18, 2005 May 13,2004 September 23, 2003 Nowmber6,2003 TB (Parcel 31.04MXD) M3y21,2003 LUdimgeMXDtoRH MXDtoR11,PH Owner: Gardens 96 Limited Lind uve:haw,,fran IfA1,v Public Hearing RecloCC ls`Readng Rif December 4,2003 Contact: Urban Design June 18, 2003 June 28,2005 N1 XD toRti,p11 Studio; 366 -1100 Workshop 2ndRead►g 10,000sgft0ffice,12,000sq Nowrnber8,2005 December18,1003 ft Drugstore, 4,000sgft Public Hearing MXDtoR11,p11 2007 Bank, 15,000 sq ft Restau- lice' R' CC nd ReQdig rant, 11, 600sgftRetail, 252 Townhouse Units 43 Hood Rd & ALT A1A December 9, 2004 JC Annexation September 22, 2005 Owner: Hudson Comoamv Contact: Jennifer Morton, Land Design South, (561) 478 -8501 71,650 soft, Neighborhood 2008 Co mmercial, 18 dN elling units, 13,050sgft Employ- ment Center 45 Gardens Pointe November 8, 2005 BW (Parcel 27.09) Workshop Owner: Gardens Point LLC January 10, 2006 Contact: UDS366 -1100 It "rA+ilop 2009 240 Multi- farruly units 47 Doubletree N. PUu BW Owner: E &J PROPERM LLC Contact: UDS 366 -1100 Redesignate Commercial to Mixed Use PUD. 89,000 sq ft sell- storage building, two 7,500 sq-ft restaurants, and 3.100 sq-ft bank 48 Hilltop Residential December 8, 2005 MS Owner: Westbrooke Hom Contact: Km berry GW- Castro, (561) 838 -4542 180 Tow nhouse units Source Growth Management Department Palm Beach Gardens, FL Printed 1/062006 $8 00 per copy .tw." Major Projects within the City of Palm Beach Gardens (Map Addition) Approved Projects era soon Mlow MsJor Projects Area Usage (Square fast and Units) Ordinance /Resolution Build out Data 196,496 square feet Commercial A Parcel 4.0214.04 Donald Ross Village 9000 square feel Business Office Ordinance 53, 2002 December 31. 2007 156 Multifamily Dwelling Units Resldent'lal Development: 245 2 and 3 Story Ordinance 14. 2005 December 31. 2008 g Southani plan IPe rcel ]1.021 T ownhouses Resolution 48, 2005 Units Ordinance 4. 2001 December 31. 2007 C Frenchman's Roserve 530 Dwelling D San Millar. 995 Apartments Resolution 50, 2001 December 31 2004 E Harbour Oaks 225 Townhouses Resolution 81. 2003 December 31. 2009 26,000 square feel neighborhood F Downrown at the Gardens commercial 220,745 square feel retell /restaurant Resolution 91. 2003 67,690 square feet cinema December 31, 2009 20,000 square feel professional office G Parcel 12 04 M %D Banyan Tres PUD 25,000 square feet office 5,000 square feet Restaurant Ordinance 41. 2001 December 31, 2006 Phase III 2,780 square feet Bank 450 multifamily units H Gables al NOrlhlake 200 Single family units Ordinance 3. 2002 December 31, 2007 146 essisled living units Old Palm Golf Club 333 Single Family Unlls Ordinance 32. 2002 December 31, 2008 J Ball School 50.203 square feel Private School Ordinance 16. 2002 December 31. 2007 K San Michele 90 Single family Ortlinence 4, 2000 December 31, 2004 19.375 square feet Business Office 19,375 square feet Neighborhood Ordinance 7, 2003 December 31, 2007 L Legends at the Gardens r 186 Multifamily units Resolution 196. 2003 January 16. 2009 M The Landmark (Percel 27 13) 166 Unit Condo Development Rebid Project: 57,036 square is grocery store Ordinance 24, 2003 42.689 square feel general store Resolution 168, 2003 December 31. 2007 N MiresOl Walk (Parcel 30 02) 3.925 square feet gas station and Convenience store 10,000 re feel Two Banks 0 105,000 Sq it Office and 15,000 Sq ft Retail Resolution 194. 2003 December 31, 2007 Mirasol Town Square F Parcel 34 01 EAST Retail Project. 131,839 Sq it Retail Building Resolution 135, 2004 December 31, 2006 Noll hlake Square East PUD Mixed Use Development. 69,000 SF office. Resolution 129, 2004 December 31. 2007 Q Legacy Place Commercial 399,000 SF retail Mixed Use development. 47.200 Sq ft Office Space, 15.075 W It Commercial, 17.550 Sq Resolution 217, 2004 December 31. 2007 R Gardens Station MxD It Medical use 2,500 Sq fl Financial use Ordinance 43. 2004 Mixed use project: 150,000 Sq. ft. of retail, Ordinance 44. 2004 S PDA Design Center (Parcel 5B) 100.000 sq. ft . of office. and 50,000 Sq fl. of Resolution 216. 2004 December 31. 2007 industrial Mixed Use Project. 249 multi- family units. Ordinance 39. 2004 December 31, 2007 T Peloma (Parcel 318) 220 single family units Resolution 196, 2004 Mixed -use project: 225 residential units. 64,533 Sq. it of Borland Center /Church, Ordinance 13. 2004 L1 Borland CentelffWdl nl 64,025 Retail, 19950 Sq It Restaurant, Resolution 92, 2004 December 3t. 2007 10,900 Sq If Professional Office Professional Office Buildings. V Hood Road Contra Building 1: 1 story. 10,050 Sq ft Office Resolution 78.2004 Building 2: 2 story, 18, 232 Sq It Office W University MRI Phase 11- 9,455 Sq ft Medical Office Use Resolution 115, 2005 Ordinance 29, 2 005 29.2 X it r , . r. .� i,.i _.. i� 22.932 Sq ft Professional office Space Resolution 005 Ordinance 78.2005 Ordinance 19. 2005 December 31, 2006 Y Ci��� "' -'•' 157.358 SF expansion. 20 acr.S Resolution 83, 2005 Resolution 84, 2005 Z Tho Pointe 150,000 sq ft Professional office Ordinance 37, 2005 Resolution 175, 2005 December 31. 2006 Ordinance 32. 2005 10,000 Sq It Commercial, 260 Multifamily Resolution 152, 2005 AA Fnncftman'a yacht Club units Resolulbn 162. 2005 PGA Corporate Center (Parcel SA 240.000 Sq. ft of office and 600,000 Sq il. of Ordinance 34, 2005 'industrial 42.000 so It of December 31, 2008 BB Business Perk PCDI space. includes Resolution 166. 2005 commercial • n 0 C z 2 G7 0-0 ORO r 0 4 C m D z C) m D r v m z U) m n r r D r r 0 0 G) G) :c > X 0 0 M oz OU) C) m C:;u ;u m > Z C) r m _,v ummi MOM, tz 0 O �z z n 10 M 0 P r m D D v m z U) on O C �J m D Z C) 2 m m n r r D 0 CD b CD x 0 0 7'f+' C W mt n mp m mmp 9. r D= m m L� 0 3o v �� m iT Vol r 7 4J c CANAL RIGHT- OF -WAY -J PER O.R.B. 2225 PAGE 33e PROSPERITY FARMS ROAD o ULTIMATE R/W = 110' ' - _- (124' EXISTING R /W -85 - - - - - - - -� 111 ROAD R/W + 39' CANAL R/W) 3 �a =m° -- - - — - — - - — - — - — - — 31 M' `J Oil FI � his Q Z 0 C Z ) M nG�0 �m ro 0m K O 1 m� m .Tl _7.1 Cm — lo P� 8� z a, I I mP r . wi1 I Z� v 32.17 CONCRETE MEDIAN II II II ^o II II II II 49. rallic ligllta I I N QQ$Qg gg� FF__ 36' ° /03.96• a is I u 1 g� Q� I u _ jj • _ �� � I 4 74.5' C CAWY ci I o I .. j A I 4S I I 13�� I I e 0-. b 'a r. 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Rubins Joy Hecht 0-" Aft.) Amir Xanel (z ^1 .alt.) Economic Development Advisory Board Agenda Thursday: January 11, 2007 at 8:30 a.m. Council Chambers, City Hall 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Elections of Officers a. Chair b. Vice -Chair 5. Approval of Minutes from November 9, 2006 6. Council Update 7. Land Development Petitions a. None Ken Kahn, Chair Municipal Services Coordinator Members Mayor Russo 8. New Business • a. SWOT Analysis from 2003: The Baseline b. Data and Analysis Update included in ED Development Element of City's Comprehensive Plan (What have we achieved ?) 9. Next Meeting Date February 8, 2007 10. Public Comment 11. Adjourn n U Dolores Key, Economic Development and Marketing Director Economic Development Advisory Board Minutes November 9th, 2006 The Economic Development Advisory Board called to order by the Chairperson, Kenneth the Municipal Complex, located at 10500 Ne and opened with the Pledge of Allegiance. 1. Roll Call Members Present Kenneth Kahn Chair Lou Gaeta Vice Chair Elaine Beers Sandra Foland Mark Murnan Steve Cohen 1 St Alternate Members Absent Casey Steinbacher James Kissel Also Present: Joseph Russo, Mayor and Council Liaison • Dolores Key, Economic Development Dire Talal Benothman, Planning Manager and Kara Irwin, Growth Management AdMinisti met on November 9th, 2006. The meeting was Kahn, at 8:40 a.m. in the Council Chambers of rth Military Trail, Palm Beach Gardens, Florida, II. Approval of Minutes The Board approved t4 minutes from the October 12th, 2006 meeting. q i . III. Council Update Mayor Russo reported oo.the planning charrettes where they discussed the height limitations with approximately 100 residents and developers. There were two sessions held on consecutive W6driesday nights, October 25, 2006 and November 1, 2006. At the first meeting there, was one small group that consisted of two to three members who stated that they did not want`�to not allow anything over one story. He reported that the meetings flowed from sml ,grQUps of residents and developers who at first met all at one table but later the group" :isbur -sed into various teams who decided buildings with greater heights even up to 12 stories ``'would be okay as long as concurrencies and traffic issues were met. Mayor Russo stated that the charrettes were a great success. Mayor Russo explained to them that concurrency had to be met or else you can't build. From an Economic Development standpoint, they were still trying to get things accomplished and trying to be compatible with the wishes of the residents. Finally, Mayor Russo was pleased to have this all behind him because there had been one group of residents who had wanted to do a referendum on this and he didn't think that was the way to govern. But if they had had a petition, he would have supported it. Finally, Mayor Russo stated that they were still working on parts of 5A (Biotech Economic Development Advisory Board Minutes 110906 Page 1 tt, xt jt II. Approval of Minutes The Board approved t4 minutes from the October 12th, 2006 meeting. q i . III. Council Update Mayor Russo reported oo.the planning charrettes where they discussed the height limitations with approximately 100 residents and developers. There were two sessions held on consecutive W6driesday nights, October 25, 2006 and November 1, 2006. At the first meeting there, was one small group that consisted of two to three members who stated that they did not want`�to not allow anything over one story. He reported that the meetings flowed from sml ,grQUps of residents and developers who at first met all at one table but later the group" :isbur -sed into various teams who decided buildings with greater heights even up to 12 stories ``'would be okay as long as concurrencies and traffic issues were met. Mayor Russo stated that the charrettes were a great success. Mayor Russo explained to them that concurrency had to be met or else you can't build. From an Economic Development standpoint, they were still trying to get things accomplished and trying to be compatible with the wishes of the residents. Finally, Mayor Russo was pleased to have this all behind him because there had been one group of residents who had wanted to do a referendum on this and he didn't think that was the way to govern. But if they had had a petition, he would have supported it. Finally, Mayor Russo stated that they were still working on parts of 5A (Biotech Economic Development Advisory Board Minutes 110906 Page 1 B- amyloid precursor protein (APP) B- amyloid precursor protein (APP) p ���m t3- secretase Life history secretase i y- of a1'{'1yloldsxr". B- protein aggregation { �., p B- amyloid precursor protein (APP) p ���m 8- arnyloid precursor protein (APP) B- secretase Life history gg[[ secretase` y- of amyloid O- protein ( i��p, aggregation a proteolytic 0 MOO degradation 4, B- amyloid precursor protein (APP) B-amyloid precursor protein (APP) B- secretase Life history► secretase y- of amy►loid O- protein { (AB)aggregation B- amyloid precursor protein (APP) 1�1 u • • • Ali- degrading proteases • Insulin- degrading enzyme (IDE) • Neprilysin (NEP) • endothelin- converting enzyme 1 and 2 • Others — Plasmin • t -PA • u -PA — Cathepsin D — Angiotensin- converting enzyme — MMP -2, MMP -9 J "unclogging the drain" can completely prevent Alzheimer's disease in mice No treatment + AR- degrading protease Leissring et al., Neuron 2003 • 7 u Peripheral AR • AR- degrading proteases • Insulin- degrading enzyme (IDE} • Neprilysin (NEP) • endothelin- converting enzyme 1 and 2 • Others — Plasmin - t -PA - u -PA — Cathepsin D — Angiotensin- converting enzyme — MMP -2, MMP -9 is E • ^� x . �:.. x. �.... ; .., _:. r +.. �� < ., ., .r• *�i4�f'44 ._�, An1;.�1.'#�8' �. 5xaa , LETTERS Structures of human insulin - degrading enzyme reveal a new substrate recognition mechanism Yuequan Shen, Andrzej loachimiak-,, Marsha Rich Rosner' & Wei -:en Tang' vd aaxixx mr 2006 STRURURA L BIOLOGY Enzyme target to latch on to Malcolm A. Leissringand Dennis I Selkoe • nature NEWS & VIEWS Insulin- degrading enzyme (IDE) EC 3.4.24.56; a.k.a. insulysin, insulinase • 9 • • • 10 1 closed open • S C R I P P S F L O R I D A T I1 F. Sf.NiPl'S Ne$e.afl f.}.. \3T.T. • We have discovered small molecules that activate insulin- degrading enzyme • 12 rI The "spin- off ": IDE inhibitors • a badly needed tool for investigating IDE's role in Alzheimer's • currently only very poor inhibitors are available • may hold therapeutic potential in diabetes... ...and wound healing ...and chicken pox / shingles ...and life -span extension? Mice lacking IDE have elevated insulin levels 2.0 3 ^ 1.5 c ._ E E 'EMMME" 1.0 i C N N 0.5 0.0 IDE +/+ IDE -/- * p < 0.01 C7 13 • IDE inhibitors enhance effects of insulin 160 0.5 ,/R S.0 o/Ic n m � z f —t 3ALINE :o INHIBITOR 0 6 1 II ) i 0 1 2 3 HOURS AFTER WlUUN Mirsky, Science 1955 • A known inhibitor of IDE (bacitracin) promotes wound healing we have designed inhibitors that are 1,000,000 times more potent • 14 • Insulin Degrading Enzyme Is a Cellular Receptor Mediating Varicella- Zoster Virus Infection and Cell -to -Cell Spread Ong—U.' Mir A. AN,' .0 J.Hr y L Cot —' * ' MM—f Odo y 5-0— ittbo Mn of Gl—W 4rtectDw D...x N. W-J I.M0 o d Health, Bettor J. MU, nW2 USA 'CmWc jcoa @,iuid,Vq, v DO] 10.1016!j. M.U6.08.046 IDE inhibitors prevent chicken pox and shingles ! W • Inhibition of IDE in worms enhances lifespan ! Bacteria Mean lifespan Vector (pAD12) 29 ds daf -16 (pAD43) 15 ds F44E7.4 36 ds CO2G6.1 34 ds CO2G6.2 51 ds Y7005C.1 35 ds • • 16 • Thank you !!!I CND: Dennis Selkoe Wes Farris Todd Logan Alice Chang Scott Wu Lei Cai Alice Lu Dominic Walsh Dave Teplow Mike Wolfe Chittaranjan Das Mike Bowman • LDDN: Ross Stein Greg Cuny Li -An Yeh Xuechau Choi Jake Ni Camille Caclin Others: Kendall Nettles Frank LaFerla Ben Turk Lennart Mucke Lewis Cantley Paul Saftig Alan Jacobson Cynthia Kenyon Andy Dillin Marta Gaglia Ehud Cohen Support: Alzheimer's Association NIA NINDS S C R I P P S Thank you !!!! F L O .li. I D A y Jimmy Zhao Kendall Nettles Peter Hodder Lilly Li John Bruning Tim Spicer Anna Leech Jeff Habel Louis Scampavia Malwina Huzarska Maria Rodriguez John Hogenesch Charles Weissmann Nagi Ayad Josephine Harada Vittorio Verzillo Scott Simanski Trey Sato Tony Smith Amanda Kuber James Tam Mark Gosink Yi -An Lu Jennifer Busby Valerie Cavett Mike Chalmers Emily Wu and staff Jeremiah Tipton Pat Griffin Tammy Richmond Candy Walker Stephan Schurer Patty Doherty AJ Brockman The Unforgettable Fund 17 • Scripps and its Spin -Offs: The Business of Science Palm Beach Gardens, Nov. 9, 2006 Claes Wahlestedt, M.D. Ph.D. Professor and Director (Neuroscience Discovery) The Scripps Research Institute - Florida The Scripps Research Institute: Mission • Perform high impact basic biomedical research • Improve the human condition by fostering translation of scientific discoveries into useful products • Enable the highest quality graduate scientific education and post graduate scientific training 1 • Building a biotech spin -off company: it takes a campus University or Research Institute + favorable environment: Mass. Inst. Technol. (MIT) in Cambridge, MA Natl. Inst. Health (NIH) in Bethesda, MD Stanford in Palo Alto, CA Univ. Calif. San Diego / Scripps / Salk in La Jolla, CA Scripps in Jupiter, FL • Scripps Florida Status 11/06) Florida Atlantic Universi y, Jupiter Campus Phase I (Feb, 2005) 41,000 sq ft lab space Trailers (3) 190 people: 152 scien including 25 faculty Phase 33,00( Additi Phase III (early 2009) 310,000 sq ft lab space 40,000 sq ft admin space • 2 • Building a biotech spin -off company: types of inventions • Service: fast, low risk but low return • Diagnostic tools: medium risk, return • Drug: slow, high risk but high return • Medical Devices: comparable to diagnostic tool Ll Biotech's Global -ness Begins Day 1 • Science /technology • Intellectual property /patents • People • Capital • Markets — diseases know no borders • Even the smallest biotech is a global player • 3 0 Major Biotech Initiatives Not Just in US/Europe, but also... • Japan • China • Russia/Eastern Eur. • Cuba • India • Brazil • Malaysia • Thailand 0 • Korea • Singapore • Israel • Bahrain/Dubai/Middle East • South Africa • Canada • Australia/New Zealand Top 5 US Pharma vs. Biotech Market Cap 2 ,2 2001 202 2003 2004 2005 10 ........ . . ... ... ... - -- ___,, ----- - - - - - Top US Pharma Total Stotech Market Cap 2001 202 2003 2004 2005 10 • L Building a biotech spin -off company: sources of seed - financing • Family and Friends • Business "Angels" • Federal grants • Venture capital investors • Public seed funding k Building a biotech spin -off industry: a few recent year 2006 numbers LICENSOR LICENSEE UP -FRONT MILESTONES (up to) Regeneron Bayer $75M $275M Intermune Roche $60M $420M Infinity Medimmune $70M $430M ChemoCentryx Glaxo $63.5M $1,500M Actelion Roche $75M $555M Human Genome Novartis $45M $507.5M Building a biotech spin -off company: sources of seed - financing • Family and Friends • Business "Angels" • Federal grants • Venture capital investors • Public seed funding k • • Feel Good /Feel Better Drugs Product For Company •Lipitor Lowers Cholesterol Pfizer •Propecia Male Pattern Baldness Merck •Renova Wrinkle Remover JNJ •Celebra Arthritis Pain Pfizer -Sonata Insomnia Wyeth •Evista Osteoporosis Eli Lilly •Detrol Incontinence Pfizer •Viagra Male Impotence Pfizer Chronic Disease • 125 million Americans have 1 or more chronic conditions (e.g. congestive heart failure, diabetes, Alzheimer's) • Chronic diseases account for 75% of all health care expenditures • Current costs for chronic diseases is approaching $1 trillion • These expenditures are not delivering what is possible I M411 IL4 ... 1Z_') IL 0 U 1 OK:;aJC : 0 • Big "new" markets • Alzheimer's /memory • Anti -aging • Obesity /diabetes • Wellness (preventative /predictive cure) CJ A 2006 Nobel Conference: "The Functional RNA World" (C. 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Leissring, Ph.D. S C R I P P S F'L0R I DA. TtjF Scxwrs RFSFAHCII INSTITUTE History of Alzheimer's disease Alois Alzheimer "Auguste D." 1964 -1915 1950 -1906 0 1 A • A new approach to developing treatments for Alzheimer's disease; progress and possible spin -offs Malcolm A. Leissring, Ph.D. Q-(lp S C R I P P S F L O R T D A TIIY, Schipi,s I ESEAMAI INSTITUTE • History of Alzheimer's disease Alois Alzheimer "Auguste D." 1964 -1915 1950 -1906 • • • • ALZHEIMER'S DISEASE IN 2006 • Most common cause of dementia • Affects 3-4 million Americans, 15 -20 million worldwide • Accounts for > $100 billion in annual costs in the U.S. alone • No cure or effective treatment 2 • P-amyloid (AR) • primary constituent of senile plaques • a short protein fragment (37 to 43 amino acids) • very "sticky ", especially the longer forms • produced naturally by all of us • people with inherited forms of Alzheimer's produce too much P- amyloid • 3 B- amyioid precursor protein (APP) us asssysusu B- protein (AID) C7 • Human Diversity 0 m • The genetic basis for the variation in health among human beings L • 11 • What you eat — "or what your mother ate" can determine vour health! Genetically identical mice from genetically identical mothers were fed different amounts of specific nutrients during pregnancy Future: Tailor Made Medicines • 12 IAINI Economic Development Advisory Board What have we achieved? Economic Development Advisory Board January 11, 2007 Meeting V The objective: .-:.n PALM BEADtI GARDENS A Signanar G?y Provide the citizenry with value -added employment opportunities through the recruitment of new industries and expansion of existing companies to /in the City of Palm Beach Gardens. — Citizens with a variety of employment options enjoy a better quality of life. — Municipalities with a diverse range of corporate citizens reap a broader financial base and more stable economy. — Regardless of an individual, public, private or non - profit perspective, revenue flow is vital. Why an Economic Development Advisory Board? In the capacity of a Board of Directors model, the EDAB is an independent advisory group to City staff. • Although the City Council, as elected representatives, sets policy and approves funding, the Board provides private sector insight and makes recommendations based upon their areas of expertise. _ Vr 2003 SWOT Analysis In a traditional SWOT Workshop, strengths and weaknesses are usually considered to be internal, whereas, opportunities and threats are external. • The parameters of the workshop were altered slightly to take advantage of the expertise of the participants. • Strengths and weaknesses were defined as present conditions; opportunities and threats were considered as future expectations based on current knowledge. Strengths - 2003 Weather Growth Potential 7 Quality Reputation g Low Crime Rate g Italics Indicate Descriptors Votes Up -Scale Demographics 11 Profession of work -force 5 Education level of citizens 6 New g Buildings not old/ dilapidated 1 Airport Access - Public & Private g Location 7 Weather Growth Potential 7 Quality Reputation g Low Crime Rate g Italics Indicate Descriptors +I Strengths - 2003 (continued) Education Opportunities 5 Private, public & higher education 4 Quality of schools in North County 1 I.T. Infrastructure 4 Aviation Sector I Medical Device Manufacturing 3 Pro - Active Public Sector 3 Medical Facilities 1 However, only 1 in municipality Low Density Rate Business Infrastructure Diversity of Manufacturing & Services Italics Indicate Descriptors +I °!" „1 Weaknesses - 2003 d i 77, _ 1 «A Weaknesses - 2003 (continued) Votes Traffic Distribution & Transportation 12 Mass Transit, Roads, Infrastructure 5 Workforce Availability 9 Education - Quality is Low - K -12+ 7 Inter - Connectivity 7 High Cost of Real Estate 6 Commercial & Housing Impact Fees 3 Land Costs Affordability of Housing 6 italics indicate Descriptors d i 77, _ 1 «A Weaknesses - 2003 (continued) Votes Availability of Land 5 Perception of non - business friendly environment 5 Adverse regulatory climate Lack of University Programs Workforce Quality 4 Fail credit checks Lack of Marketing the City 3 Collateral Materials, Website Escalation Insurance Rates 3 Italics Indicate Descriptors Weaknesses - 2003 (continued) Votes Medical Facilities 2 Will not accommodate growth potential Support Industries - Lack Of 2 Printers, marketing firms, etc. Taxes - Property & Business = High 2 Lack of "Brand Name" Companies 1 Italics Indicate Descriptors �T Opportunities - 2003 Promotion department for City. Attract high -wage I high -skill industries. Corporate park I facilities. Utilization of western lands. Redevelopment of Northlake Boulevard Incubators for small business. Corridor. Internet supply beneficiary. Annex Lake Park. Re -zone current land uses to New turnpike interchange & expand PGA achieve goals. Boulevard exit. Control of North County Airport Mobile Free Trade Zone at the Port of Palm property. Beach. FAU - Jupiter Campus. Mobile Free Trade Zone at the PBIA, d 1 Taxable Value of Propertv in Palm Beach Gardens 2000 2001 2002 2003 2004 Threats — 2003 Residential Purchase of products ( supplies via Disappearing developable land. Internet. Insurance costs. Predetermined build -out. Growth rate of Jupiter. Anti - Growth residents. Congestion = traffic gridlock. Retention of the workforce. Lack of quality workforce. Taxes. Growing mix of retirees & second home Lack of City services (for owners. businesses). Retail mix: too much focus on high end Degradation of existing housing retailers. stock. Lack of Redevelopment mind set & planning. 1 Taxable Value of Propertv in Palm Beach Gardens 2000 2001 2002 2003 2004 2005 Residential 2,540,399,001 2,766,844,320 3,200,667,064 3,901,073,902 4,560,597,118 5,552,606,427 Commercial 1 836,907,664 840,896,976 891,592,721 960,726,785 1,068,583,139 1,143,990,666 Other 54,003,368 53,300,036 54,448,021 56,841,851 58,639,528 61.346,64411 Industrial 36,493,830 32,349,431 33,784.092 32,684,073 31,022,658 51,516,597