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iW arch 6, 2007
RandoCph Hansen
Dennis SoComon
Craig XunkCe
NichaeCPanczak
Douglas PenneCC
Barry Present
Jonathan D. Rubins
I t
Joy Hecht (1st Aft.)
Amir XaneC(z^d Att.)
•
0
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, March 6, AT 6:30 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
• APPROVAL OF MINUTES: February 13, 2007
PLANNING, ZONING AND APPEALS BOARD
Regular Members: Alternates:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Barry Present
Randolph Hansen
Dennis Solomon
Michael Panczak
Jonathan D. Rubins
Joy Hecht (I" Alt.)
Amir Kanel (2"d Alt.)
Planning, Zoning and Appeals Board
March 6, 2007
• Ex Parte Communication (Public Hearing) (Quasi Judicial)
1. Ordinance 6, 2007 and Resolution 17, 2007: 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. The
Applicant proposes a rezoning of the property from Residential Medium (RM) to Planned
Unit Development/Professional Office (PUD/PO), to allow a major conditional use for
the construction of 2,500 square feet of financial institution with two drive - through lanes
and 2,650 square feet of professional office 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 smaver(aabsflcom (799 -4217)
Ex Parte Communication (Public Hearing) (Legislative)
1. LDRA- 07 -01- 000011: Code Amendment, creating Section 78 -193, entitled
"Employer Sponsored Housing" and amending Section 78 -751, entitled "Definitions ".
Public Hearing & Recommendation to City Council: A request by Stephen Mathison on
behalf of Frenchmen's Creek, Inc., for approval of a text amendment to Chapter 78, Code
• of Ordinances, Article V, Supplementary District Regulations, Division I, General
Standards, by creating Section 78 -193, entitled "Employer Sponsored Housing" and
amending Section 78 -751, entitled "Definitions" in order to increase the number of
persons not related by blood or marriage to be allowed in a three- bedroom unit or a two -
bedroom unit with a den from four to five.
Project Manager: Stephen Mayer, Senior Planner smayer(a)pb¢fl.com (799 -4217)
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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.
16 Common/pz agenda 3- 6- 07.doc
2
P
NASON YEAGER GERSON
WHITE rraj DOCE, P.A. �c
ATTORNEYS AT LAW
MELLON UNITED NATIONAL BANK TOWER
1645 PALM BEACH LAKES BOULEVARD ' 1
SUITE 1200
WEST PALM BEACH, FLORIDA 33401
DOMENICK R. LIOCE
E -MAIL ADDRESS:
dlioce@nasonyeager.com
owl.,.
DIRECT DIAL:
TELEPHONE (561) 68'6 -3307 . FACSIMILE (561) 686 -5442 (561) 656 -6550
www.nasonyeager.com FAX NUMBER:
(561) 682 -3419
February 1, 2007
Craig Kunkle, Chairman
Planning & Zoning Appeals Board
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Walgreens /Office Building/Legends at the Gardens
Dear Mr. Kunkle:
As you know, I have been a long -time resident and former Planning Board Member of the City
of Palm Beach Gardens. I have reviewed the plans for the Walgreens /Office Building/Legends
at the Gardens project. I think this is a beautiful project, and it is obvious that the developers
have gone to great lengths to design an attractive and functional project.
I give this project my wholehearted support.
H: \08Pers\DRL \LKunklePB G02- 01- 07DRL /ssm
Sincerely yours,
NASON, YEAGER, GERSON,
WHITE & LIOCE,
Domenick R. Lioce
CITY OF PALM SCH GDNS
FEB 16 2007
PLARNING Z4�'1INC DI`f
5
f
l�
CITY OF PALM) BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
MEMORANDUM
DATE: March 6, 2007
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, March 6, 2007 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, March 6, 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.
K a Irwin, AICP
Growth Management Administrator
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
1
MEMORANDUM
DATE: March 6, 2007
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, March 6, 2007 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, March 6, 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.
VAka___ -
K6 Irwin, AICP
Growth Management Administrator
•
• PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
February 13, 2007
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:30 P.M. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the Flag.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR:
Growth Management Administrator Kara Irwin advised that the City Council had approved
Latitudes at the Gardens, the non - residential portion of Cimarron Cove PCD, the waiver to
change the Cobb movie theater signage with the color changed to silver, and the Ordinance
that created the addressing committee for the City.
APPROVAL OF MINUTES
Mr. Kanel suggested important points made by the board should be included in the minutes;
Ms. Irwin indicated she would discuss this with the City Clerk's office. Mr. Hanson made a
motion to approve the minutes of the January 9, 2007 meeting. Mr. Pennell seconded the
• motion, which carried by unanimous 7 -0 vote. Mr. Pennell made a motion to approve the
minutes of the January 23, 2007 meeting. Mr. Hanson seconded the motion, which carried by
unanimous 7 -0 vote.
ROLL CALL:
Debbie Andrea, Public Information Coordinator, called the roll for the Planning, Zoning and
Appeals Board:
Present Absent
Craig Kunkle, Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Jonathan Rubins
Joy Hecht, I" Alternate
An* Kanel, 2nd Alternate
40
Planning, Zoning, and Appeals Board Meeting Minutes
February 13, 2007
Page 2
• SWEARING IN
All those intending to offer testimony in any of tonight's cases were sworn in.
Public Hearin and Recommendation to City Council.
Ex Parte Communication(Public Hearing) (Quasi Judicial)
L Petition PUD- 04 -03: Legends at the Gardens AM PUD Amendment
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
Chair Kunkle announced that this item had been rescheduled, and declared the public hearing
open. There were no comments from the public.
MOTION:
Mr. Solomon made a motion to continue the public hearing for Petition PUD- 04 -03:
Legends at the Gardens MXD PUD Amendment, to a date certain of February 27, 2007.
• Mr. Pennell seconded the motion, which carried by unanimous 7 -0 vote.
ExParte Communication (Public Hearing)(LeFislative)
LDRA- 01 -12: Amendment to the Land Development Regulations Relating to Height
Restrictions A City - initiated request to amend the Palm Beach Gardens Land
Development Regulations providing limitations to height waivers for single-family and
multi family residential buildings.
Growth Management Administrator Kara Irwin presented the staff report for the proposed
amendment, answered questions from the Board regarding the current process, and clarified
that even in a Planned Community Development or Planned Urban Development with
underlying zoning of residential height the limit would be 56 feet. Comments from the Board
included this would be too restrictive, did not take into account other factors, would stifle
creativity, and was unnecessary. Mr. Kane] indicated he agreed with the amendment, but
would like to see the areas excluded where in the charrette, residents had indicated more
height could be desirable.
Chair Kunkle declared the public hearing open. Jeff Marshall, Catalfumo Construction,
commented he had provided a letter to the Board regarding this matter, and agreed with
comments by the Board that the language was too restrictive, especially in Mixed Used
Development Projects, and expressed concern with specific projects.
•
Planning, Zoning, and Appeals Board Meeting Minutes
February 13, 2007
Page 3
U
MOTION:
Mr. Solomon made a motion to recommend to City Council denial of Petition LDRA-
01-12 and requested staff prepare bullet -type items of the Board's discussion to help
City Council understand the Board's reasoning, to include Mr. Marshall's points and
the fact there would have to be other governmental regulations to make some of the
changes. Mr. Rubins seconded the motion, which carried by unanimous 7 -0 vote.
OLD BUSINESS
There was no old business to come before the Board.
NEW BUSINESS
Mr. Solomon expressed concern with traffic around the area of Downtown at the Gardens,
and requested additional traffic lights or stop signs. Ms. Irwin advised the City Engineer was
already reviewing that and had requested additional traffic lights in three locations in the
entire development of regional impact.
•
Planning, Zoning, and Appeals Board Meeting Minutes
February 13, 2007
Page 4
• ADJOURNMENT
There being no further business, the meeting was adjourned at 7:08 p.m. The next regular
meeting will be held February 27, 2007.
APPROVED:
Craig Kunkle, Jr., Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
• Douglas Pennell
Michael Panczak
Jonathan Rubins
Joy Hecht
Amir Kanel
Debbie Andrea, Public Information Coordinator
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
• verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk's office.
CITY OF PALM BEACH GARDENS
• PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
•
•
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
Subject /Agenda Item:
Ordinance 6, 2007 and Resolution 17, 2007: 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. The Applicant proposes a rezoning of the property from
Residential Medium (RM) to Planned Unit Development/ Professional Office (PUD /PO), to
allow a major conditional use for the construction of 2,500 square feet of financial institution
with two drive- through lanes and 2,650 square feet of professional office 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.
1X] Recommendation to APPROVE with 4 waivers
I ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Finance:
PZAB Action:
�f i
yV
Growth Management:
[ ] Approved
Planning Manager
Project
AcQ uu'tant:
[ ] App. w/ conditions
Brad Wiseman
Manager
'
1
[ ] Denied
y: K..L ossiere
City Attorney
Stephen Mayer
[ ] .Rec. approval
Christine Tatum
Sr. Planner
Fees Pai J Yes ]
[ ] Rec. app. w/ coeds.
Development '
per memo 2/26/07
[ ] Rec. Denial
Compliance g �✓
[X) Quasi — Judicial
[ ] Continued to:
Bahareh Keshavarz- Wolfs,
[ ] Legislative
Funding Source:
AICP
[ ] Public Hearing
P &Z Division
[ ] Operating
Advertised:
Attachments:
Director
[ X ] Required
[X] Other_NA
• Applicant Narrative
Talal Benothman, AICP
[ ] Not Required
• Major Conditional Use
Growth Maria ge> >
Date: 2/24/07
Budget Acct. #:
Analysis
Administrator
NA
Y Reduced Plans
Kara Irwin, AICP
i Resolution 17, 2007
• Ordinance 6, 2007
Approved Jay:
Affected parties:
Ronald M. Ferris
[ X ] Notified
Not Required
City Manager
•
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
EXECUTIVE SUMMARY
The subject petition is a commercial Planned Unit Development (PUD) request for Divosta
PGA /Turtle Beach, which is located at the south side of PGA Boulevard, approximately 500 feet
west of Military Trail and east of PGA Commons PUD Phase III. The proposed Divosta
PGA /Turtle Beach PUD consists of a major conditional use for 2,500 square feet of financial
institution with two drive - through lanes and 2,650 square feet of professional office, on a 1.01 -
acre site. On January 9, 2007, the Planning, Zoning, and Appeals Board voted 4 -3 to
recommend approval of the subject petition to the City Council. Staff recommends approval of
Ordinance 6, 2007 and Resolution 17, 2007 with four waivers and the conditions provided
therein.
BACKGROUND
The Applicant is proposing a new Planned Unit Development (PUD) for the subject parcel with a
major conditional use, located west of the Suntrust Bank building on PGA Boulevard (Parcel A).
The subject petition is a request to develop a 2,500 square feet of financial institution with two
drive - through lanes and 2,650 square feet of office 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
ban]( with three drive - through lanes (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, which is inconsistent with the current land use designation.
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 Boulevard Corridor Overlay and has a zoning
classification of Residential. Medium (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 an amendment to the Land Development Regulations is being requested concurrent with
this application because a financial institutional with a drive - through facility 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 banks with drive -
through facilities as a major conditional use in PO, needs to be adopted first.
2
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
• CONCURRENCY
The subject site received concurrency approval for 2,500 square feet of financial institution with
a drive - through facility and 2,650. square feet of professional office on February 7, 2005. The
Applicant was required to file for an extension of the build -out date with the Palm Beach County
Traffic Division concurrent with this petition and received a revision to the build -out date on
December'5, 2006. The approved build -out date is now December 31, 201. 1..
PROJECT DETAILS
The subject petition is a request to develop 2,500 square feet of financial institution with two
drive - through lanes and 2,650 square feet of professional office on a 1.01 -acre site, 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. Please note that with the adoption of a
concurrent amendment to the Land Development Regulations, a financial institution with two
drive- through lanes is considered a major conditional use in the Professional Office zoning
district.
Maior Conditional Use Analysis
The Applicant has submitted a major conditional use analysis (please see attached) that
addresses the criteria outlined in Section 78 -52 of the City Code. Staff supports granting a major
• conditional use based on the justifications provided. In staff's professional opinion, the
Professional Office land use designation is compatible with financial institution use with two
drive - through lanes in this location. The location of the site is surrounded by commercial and
mixed -use properties to the north, east and west. The use is consistent with the uses that exist
along the PGA Boulevard Corridor. Also, the use does not contribute excess .noise, glare or odor
nuisances to the area and will not require outdoor storage of merchandise or vehicles. The
proposed one -story building will not require roof mounted mechanical equipment visible to the
neighboring properties. Although it is abutting residentially zoned property to the south, it is
separated by a 100 -foot canal. The property is accessed by a major arterial and is providing
onsite traffic circulation, parking and a safe and effective means of pedestrian access.
Ful•thermore, the Applicant has mitigated potential impacts to the residential property to the
south by placing the drive - though facility as far away from the residential property line as
feasible and providing more landscaping than required. Specifically, the Applicant is providing
a 10 -foot buffer with a six -foot wall and a large landscaped island with a 2 -foot berm.
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 finds that the proposed
widths of the drive - through lanes (8.5 feet) are adequate for proper vehicular circulation. In
accordance with Section 78 -373, a bypass lane has been provided that is separated from the
• drive - through lanes with a minimum width of ten feet, however, the mininium width of a drive-
through lane is not specified in the City's LDRs. For reference purposes, drive- through lanes
3
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
• have been approved as narrow as 8.5 feet for the SunTrust Bank and Bank of America at the
Mirasol Walk PUD.
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 maximum building height is 23.66 feet, measured from the hip of
the roof. 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 facility does not face .PGA Boulevard and is
located on the south elevation.
Landscapin.o
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 a 55 -foot
landscape buffer along PGA Boulevard and in buffering the residential property to the south with
a 10 -foot landscape easement and 6 -foot wall. Ornamental Ligustrum trees are dispersed with a
• row of 1.0 Live Oak trees are proposed on the southern landscape buffer. Because of site
restraints and the need to maintain the easement at the edge of the canal, there are no trees on the
south side of the wall; rather, the applicant is planting a hedge on either side of the wall. The
applicant is proposing a berm 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.
At the northern property line, the applicant has included a two -foot high landscape berm as
requested by staff. The buffer and berm include 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.
Parkin,
City Code Section 78 -345 requires one parking space per 250 square :feet for banks and one
space per 300 square feet for professional office. The total parking required for this site is 19
spaces, whereas, the applicant is proposing 24 parking spaces. The City Code allows
developments to exceed the ininimum parking requirement by 1.0 %, which in this case is equal to
• two additional parking spaces (21 spaces total permitted on- site). The Applicant is requesting a
Nvaive.r to allow for three additional parking spaces. Section 78 -345 (d) (4) permits additional
11
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
• 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 1,387.5 square feet [((18.5 feet x
10 feet) x 5 spaces) x 1.5 = 1,387.5 square feet]. The Applicant must also provide an additional
702 square feet due to the reduction in parking space depth [((.5 feet x 1.8.5 feet) + (2 feet x 10
feet)) x 24 spaces = 702 square feet]. 756 square feet of open space has been provided as an
enlarged landscape island with a berm, located south of the drive- through facility, which
enhances the visual appearance of the site. The applicant has also provided 1,796 square feet of
open space by providing landscaped divider at the entrance for a grand total of 2,552 square feet,
which is 462.5 square feet more than the total 2,089.5 square feet required.
Si�anaa e
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 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, seven feet wide and has a 10 -inch letter height. Section 78 -285 pen-nits a 60-
square foot sign, with a maximum height of 1.0 feet. The applicant is also proposing two
building identification signs, a wall sign for a principal structure and a wall sign for a ground
Floor tenant. They are located on the north and east elevations. 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 78 square feet of copy area for the north elevation.
1�1
Site Lighting
The Applicant has provided a photometric plan as required by City Code Section 78 -182, which
indicates no off-site light spillage. The average luminance is 3.18 .foot - candles (fc), with a
maximurn of 7.7 prevalent near the drive- through lanes and a minimum of 1.0 fe in the vehicular
areas. The City Code requires the average luminance of the parking area to be at least 1.5 fc and
a maximum of 10 fc. The Applicant is not requesting a location for an ATM at this time.
Drairlag
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 on-
site exfiltration trench to provide water quality pretreatment required by City Code and discharge
into the PGA National Golf Club Estates canal system. The on -site stormwater drainage system
consists of a conventional inlet catch basin and culvert type system to direct runoff to exf ltration
trenches.
5
• CPTED Coinpliance
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
The Applicant shall comply with the Crime Prevention through Environmental Design (CPTED)
principles included by staff as conditions of approval (Please see conditions of approval).
Waiver -s
The aDDlicant is reauestine the followine four 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
of right of way
of R.O.W
frontage to allow a
Approve
stand alone bldg to
have adequate
signage
Section 78 -345:
19 parking spaces
24 parking spaces
3 parking spaces, or
(2)
Increase in required
minimum
15% additional
Approve
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
Section 78 -1.53
Additional perimeter
54 feet
Reduction of 21 feet
(4)
Table 12:
or boundary setback
fi•om typical setback
Nonresidential
of 75 feet when
from residential
Approve
zoning district
abutting a residential
districts
regulations
district
1) The Applicant is requesting a waiver from City Code Section 78 -285 to allow for a
U
round 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 parcel fi-om 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
recornrnends approval.
2) The Applicant is requesting a waiver from City Code Section 78 -345, which limits
additional parking to 1.0% of the City Code requirement to allow for three 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 three additional parking spaces
for overflow and alleviate a parking concern for the SunTrust site. The Applicant has
. provided more than the additional 756 square feet of open space within the site that is
required by Section 78 -345 (d) (4) for justification of this waiver. For reference
6
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
• purposes, this waiver has also been granted to the SunTrust Bank and Bank of America at
the Mirasol Walk PUD. Staff recommends approval.
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 annored
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 462.5 square
feet of open space more than the additional open space required for waiver #2. For
reference purposes, this waiver was also granted to the Bank of America and SunTrust
banks at the Mirasol. Walk PUD. Staff recommends approval.
4) The Applicant is requesting a waiver from City Code Section 78 -153, Table 12, which
requires a setback of 75 feet when abutting a residential zoning district, to allow for a
setback of 54 feet for structures abutting a residential district. Please note that the
abutting residentially zoned property is a 1.00 -foot wide canal. When taking into account
the 100 -foot wide canal and the 54 -foot building setback, there will be a 154 -foot setback
between the nearest residential property and the closest structure. Therefore, staff finds
that this waiver meets the intent of this code provision. Staff recommends approval.
SUMMARY OF PLANNING, ZONING & APPEALS BOARD COMMENTS
• The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on January 9, 2007, and voted 4 -3 to recommend approval to the City Council. The
PZAB members that voted in support of the project commended the architecture and were in
favor of providing a cross - access connection to the PGA Commons Phase III property as
requested by staff. Please note the following:
The Applicant has revised the plans being requested to reflect the cross- access connectivity.
Staff notes that two additional waivers are due to the revision of the plans resulting from the
cross - access connection. The Applicant is requesting a ivoiver from Section 78 -373, which
requires a ten foot pass-l?)) lane, and a waiver to Section 78-315, which limits the number of
parking spaces that are allowed between landscape islands. Staff is in. support of both waivers,
as they are necessary for providing a 25-foot chive aisle to connect with PGA Commons Phase
111, and to make up for the loss of one parking space on the applicant's original site plan. It is
staff's professional opinion that the pass -by lane is no longer necessary now that the applicant
has provided the cross-access connection. Please note that motorists ma'v now leave the option.
to continue thorough. the cross - access connection in -lieu of entering the drive - through facility.
The dissenting votes were cast by Commissioners Barry Present, Michael Panczak and Dennis
Soloman, The Commissioners expressed concern about the traffic circulation of the site and
stated that the site was too small for the proposed floor plan. As such, these members suggested
revising the site plan to reflect a smaller floor plan or possibly a two -story buildings with smaller
• a foot print.
7
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
• SUMMARY OF CITY COUNCL COMMENTS
On February 15, 2007, the City Council voted 5 -0 to pass Ordinance 6, 2007 onto second
reading. The City Council recommended that the connectivity be removed from the site plan in
order to reduce the activity that may potentially impact the site. Please note that the Applicant
has revised the site plan accordingly.
Due to the changes in the site plan and waiver requests, staff has requested that the petition be re-
heard at the Planning, Zoning and Appeals Board. The Applicant has submitted new plans
which have modified the site circulation and as a result, withdrawn two waiver requests. Staff
notes that the Applicant has also submitted the required major conditional use analysis, which
was previously not included as part of the subject petition.
Staff also notes that the Applicant requires an additional waiver request due to the discovery that
the canal abutting the southern property line has a residential zoning designation. Therefore, the
property must meet a 75 -foot setback pursuant to Section 78 -153, or request a waiver. Please
note the Applicant has requested this waiver and staff has analyzed this request and
recommended its approval (please see waiver- section). It is important to note that as a result of
the aforementioned withdrawn waiver requests, and the new waiver request, the Applicant is
requesting four waivers in -lieu of five.
STAFF RECOMMENDATION
• Staff recommends approval of Ordinance 6, 2007 and Resolution 17, 2007 with the four waivers
and conditions provided therein.
1.1
•
C
•
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
TABLE 1
EXISTING. 0NING AND; LAND USE DESIGNATIONS
EXISTING USE
ZONING
LAND USE
Subiect Property
Residential, Medium
Professional Office
Density (RM)
North
Mixed Use (MXD)
Mixed Use
Midtown (f.k.a Borland)
South
Residential Low Density -2
Residential Low
100 -foot wide canal
(RI-2)
Planned Community
District (PCD)
Golf Club Estates North
RI-2
@ PGA National
PCD
Residential Low
West
Planned Unit Development
Mixed Use
PGA Commons
(PUD)
Phase III PUD
Mixed Use (MXD)
East
Planned Unit Development
Commercial
SunTrust Building
(PUD)
General Commercial
(CG1)
•
•
Date Prepared: February 26, 2007
Meeting Date: March 6, 2007
Ordinance 6, 2007 and Resolution 17, 2007
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:
23'8" feet
Yes
36 feet
Setbacks:
No, (Waiver
Front: 55 feet
Front: 55'
requested for rear
Side: 15 feet
Side (W): 15.3'
setback)
Rear: 75 feet
Side (E): 125'
Rear: 54'
Minimum Parking
24 spaces
No, (Waiver
Required: 19
requested for three
Maximum Parking
additional spaces)
Allowed: 21
10
CotIeur &
r� Hearing
February 1, 2005
Revised March 19, 2005
PGA office 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
SunTrast 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
1t OF PB
A It►(JS _
tANNUV�
zoN[
D1V1S1Q
. CotIeur Hearing
1934 0 % -_ Ce l 33 6 1
J.uNle; =Writln 3 ?45S
SCI 7470336 R. 747137?
PGA Office Parcel
Site Plan Application
DiVosta PGA Office / Bank Building Project Team
i�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: Kahan Pinder
•
Land Planner and Landscape Architect
Cotleur & Hearing, Inc.
1934 Commerce Lane, Suite l
Jupiter, Florida 33458
Tel: (561) 747 -6336 ext. 1 l 3
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
Cotlew Healing
1934 comme•ce to--e. Wit- 1
Jupne% :10Ade 33458
5[17476336 for 7471371
2
I
PGA Office Parcel
Site Plan Application
General Project Description
i• 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
i • rack, trash receptacles and benches.
Cotleur Hearing
1932 Commute Loie, Suite I
JoDhe•, �iorW 33x58
861 747 6336 FW 747 1377
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 facade to achieve a more personal, pedestrian- oriented scale.
- .otleur Heanng
1934 Comm,e!ce lose. SAle 1
3jone'. -lDwo 33456
5617476336 Fla 1411377
4
PGA Office Parcel
Site Plan Application
- - --
... ..... ....------- ..... - - -- _.... —.._.. _...._ _ ..._.
Waiver Requests
The Applicant is seeking City Council approval of four (4) waivers, as permitted by the
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.
-otlew Hearing
1934 Com .&ce lose. SO* �
JuPW =Ioedo 3:456
5617476336 fm 7471377
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
i •
•
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(1)la
spaces should be a
stalls which measure
parking space width
minimum of 18'6" by
9'0" 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 CGl 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.
Cotleur Hearing
1934 Comr,ece We S-iie 1
Jmhe,.:10600 334:6
5e17476336 !m. %471;;;7
6
Wednesday, July 26, 2006
(Revised 2 -22 -2007)
(Revised 2- 28 -07)
Divosta PGA Bank /Office Site
Conditional Use — Bank w/ Drive Through in a PUD/ PO Zoning District
Introduction:
The Turtle Beach, Ltd, (the "Applicant ") is requesting a Conditional Use approval from
City Council for the development of a +/- 2,500 square foot branch with drive through
facility. This conditional use bank comprises approximately half of the proposed building
which will also support +/- 2,650 square feet of Professional Office use. This request is
necessary as banks with drive through teller facilities are designated as Conditional Uses
in the Professional Office (PO) Zoning District. This site was originally designated to be
a commercial use at the time of the approval for the Master Plan for the PUD associated
with the SunTrust Bank building, and the shared drive was designed as part of that
approval to accommodate the eventual buildout of this second and final phase of the
property's development.
Bank with Drive Through Teller Use Within the PGA Corridor and Over /ay:
Banks with Drive Through Teller facilities are designated as Conditional Uses within
• every applicable Commercial zoning category within the City of Palm Beach Gardens
Land Development Regulations, (Section 78- 159(i) Table 21) and are being included in
the Professional Office (PO) zoning district by way of a recently submitted zoning text
amendment petition. Conditional Use Banks with Drive Through Tellers are permitted
within the Neighborhood Commercial (CN), Commercial General 1 (CG1) zoning district
and Commercial General 2 (CG2) within Planned Development Overlay Districts as part
of a development order approved by City Council. PGA Boulevard exists as the City's
principal east -west corridor which contains a wide range of land uses. At the location of
the subject site, a Bank Use is an appropriate use and is consistent with the mix of
retail, professional office, banking and residential uses that exists in close proximity to
the site. The proposed conditional use Bank has been expertly sited and integrated into
the small and odd shaped site given numerous constraints imposed by the PGA overlay
district regulations.
The Applicant has worked tirelessly with staff to reorganize the building, parking,
landscaping, and site circulation to provide for a superior design that respects the
existing adjacent uses and provides numerous pedestrian amenities.
Compliance with Code Section 78.159;Table 21, Note 29:
"Bank or financial institution. Bank or financial institution with more than four drive
through windows shall be a conditional use. "
The Applicant has been advised by Staff that the petition for a Bank with only two (2)
drive through teller windows remains a conditional use to be applied for as part of the
rezoning to the Professional Office use. Note 29: Banks with more than four drive
through tellers shall be a conditional use
•
Cotleum
•
Hearing.
1934 Commerce lane , Sultt 1 • Jupiter, Fl - 33458
561,747,6336 - 561,747.1377
Wednesday, July 26, 2006
(Revised 2 -22 -2007)
(Revised 2- 28 -07)
Divosta PGA Bank /Office Site
Conditional Use — Bank w/ Drive Through in a PUD/ PO Zoning District
Introduction:
The Turtle Beach, Ltd, (the "Applicant ") is requesting a Conditional Use approval from
City Council for the development of a +/- 2,500 square foot branch with drive through
facility. This conditional use bank comprises approximately half of the proposed building
which will also support +/- 2,650 square feet of Professional Office use. This request is
necessary as banks with drive through teller facilities are designated as Conditional Uses
in the Professional Office (PO) Zoning District. This site was originally designated to be
a commercial use at the time of the approval for the Master Plan for the PUD associated
with the SunTrust Bank building, and the shared drive was designed as part of that
approval to accommodate the eventual buildout of this second and final phase of the
property's development.
Bank with Drive Through Teller Use Within the PGA Corridor and Over /ay:
Banks with Drive Through Teller facilities are designated as Conditional Uses within
• every applicable Commercial zoning category within the City of Palm Beach Gardens
Land Development Regulations, (Section 78- 159(i) Table 21) and are being included in
the Professional Office (PO) zoning district by way of a recently submitted zoning text
amendment petition. Conditional Use Banks with Drive Through Tellers are permitted
within the Neighborhood Commercial (CN), Commercial General 1 (CG1) zoning district
and Commercial General 2 (CG2) within Planned Development Overlay Districts as part
of a development order approved by City Council. PGA Boulevard exists as the City's
principal east -west corridor which contains a wide range of land uses. At the location of
the subject site, a Bank Use is an appropriate use and is consistent with the mix of
retail, professional office, banking and residential uses that exists in close proximity to
the site. The proposed conditional use Bank has been expertly sited and integrated into
the small and odd shaped site given numerous constraints imposed by the PGA overlay
district regulations.
The Applicant has worked tirelessly with staff to reorganize the building, parking,
landscaping, and site circulation to provide for a superior design that respects the
existing adjacent uses and provides numerous pedestrian amenities.
Compliance with Code Section 78.159;Table 21, Note 29:
"Bank or financial institution. Bank or financial institution with more than four drive
through windows shall be a conditional use. "
The Applicant has been advised by Staff that the petition for a Bank with only two (2)
drive through teller windows remains a conditional use to be applied for as part of the
rezoning to the Professional Office use. Note 29: Banks with more than four drive
through tellers shall be a conditional use
•
Turtle Beach Ltd. Office II
Conditional Use Bank w/ Drive Through
2/28!2007
• Response: The proposed bank with drive through teller facilities is proposing only
two (2) drive through tellers and one (1) by -pass lane. The petition is less intense than
the minimum threshold typically used for larger banks having drive through services. As
the petition is only requesting two (2) teller lanes the petition falls below the minimum
criteria threshold of four (4) lanes which further supports the granting of a conditional
use for this proposed use.
Compliance with Code Section 78 -52 (d)
Criteria for Major Conditional Use Approval
(1) Comprehensive plan. The proposed use is consistent with the comprehensive plan.
The proposed condition use is consistent with the City's Comprehensive Plan. The
underlying commercial land use of the site is the only appropriate designation for a drive
thru bank.
(2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
The drive thru bank is consistent with all applicable requirements of this chapter.
(3) Standards. The proposed use is consistent with the standards for such use as
provided in section 78 -159.
• The drive thru bank is consistent with the standards in section 78 -159; a recently
submitted text amendment will permit banks with a drive thru in the Professional Office
zoning designation.
is
(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;
The proposed site plan has provided for safe and effective means of pedestrian access
from PGA Boulevard and within the site.
b. Providing for a safe and effective means of vehicular ingress and egress;
The proposed site plan has provided for safe and effective means of vehicular ingress
and egress from PGA Boulevard and through out the site.
c. Providing for an adequate roadway system adjacent to and in front of the site;
The proposed site plan has provided for oriented its frontage and entranc %xit on PGA
Boulevard, an adequate roadway system. The property is landlocked by existing
development on the south, east and west boundaries.
d. Providing for safe and efficient onsite traffic circulation, parking, and overall control;
and
P: \Project Doc uments \DIVOS'I'A \PGA Office Parcel Phase II \Conditional USI 6?8.OG \C'ondit ion; ilUsc l3anl<C'riteria02- 28- U7.doc
Turtle Beach Ltd. Office II
Conditional Use Bank w/ Drive Through
2/28/2007
• The proposed site plan provides for safe and efficient onsite traffic circulation, parking
and overall control by ensuring connectivity through out the site, signage and street
markings.
e. Providing adequate access for public safety purposes, including fire and police
protection.
The proposed site plan provides for access for public safety purposes by designing drive
aisle with a sufficient width and large turning radii.
(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 impacts 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;
i. Visual impact; and
j. Hours of operation.
• The proposed site plan has been designed to ensure that nuisances such as the above
listed are limited if not non - existing. The use will not contribute to additional noise,
glare, or odor to the area. The use will not require roof mounted mechanical equipment
visible to the street or neighboring properties. The use will not require outdoor storage
of merchandise or vehicles. The proposed site plan has been designed to incorporate
screen the lighting, waste disposal, recycling area and signage consistent with City Code
requirements. The hours of operation will be consistent with most banks in the
immediate area.
0
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
The proposed site and engineering plan does not propose any utilities within adjacent
properties. The connection to utilities will be provided by PGA Boulevard to the north.
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirements required by the chapter.
The proposed site plan indicates that the site dimensions are abiding all sections of this
chapter.
(8) Neighborhood plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
I- .project Documents \DIVOSTA\PGA Office Parcel Phase II\Condilional USED. 28. 06\ ConditionalUscBankCri lei ia02- 28- 07Acic
Turtle Beach Ltd. Office If
Conditional Use Bank w/ Drive Through
2/28/2007 4
• The proposed site plan is conducive to the PGA Corridor Overlay plan. The required
buffers, setbacks, pedestrian amenities and landscape have been provided.
•
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character of area development,
The commercial property is surrounded by commercial uses to the north, east and west.
The property is adjacent to residential use to the south but a financial institution seems
to be an appropriate buffer to be located between the residences and an arterial
roadway.
(10) Patterns of development. The proposed use will result in logical, timely, and
orderly development patterns.
The proposed use will result in a logical, timely and orderly development pattern. It is
currently the only vacant property within the immediate area.
(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.
The proposed use is in harmony with the purpose and intent of the land development
chapter of Palm Beach Gardens Code of Ordinances and the goals, objectives, and
policies of the city.
(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.
The proposed design of the use, a one -story bank building, will not have any adverse
impacts to the site or adjacent properties.
(13) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impacts on environmental and natural resources
including air, water, storm water management, wildlife, vegetation, and wetlands.
The subject site is located in an urban environment where all surrounding properties
have been previously developed. The property itself is cleared and has no environmental
significance. The use proposed for the site will not directly increase impacts on air,
water, storm water, wildlife, vegetation or wildlife.
Conclusion:
The proposed Bank with Drive Through Teller Facilities use is consistent with the goals
and objectives of the Comprehensive Plan; complies with the overall purpose and intent
of the land development regulations and is compatible with existing surrounding land
uses on the adjacent properties to the west, north and east of the site.
The Applicant is requesting the approval of this request for Conditional Use as the
petition as presented does not meet the threshold for being considered a Conditional
Use Bank with Drive through Teller.
I :\Project Documents \DIYOSTA \PGA Office Parcel Phase II\Conditional USIi6 2 8. 06\ ConditionaIUselbiik C'riteria02- 28- 07.doc
Date Prepared: January 24, 2007
1 ORDINANCE 6, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
5 GARDENS, FLORIDA RELATING TO REZONING; REZONING A PARCEL OF
6 LAND CONSISTING OF 1.01 ACRES, LOCATED ON THE SOUTH SIDE OF
7 PGA BOULEVARD, APPROXIMATELY 500 FEET WEST OF MILITARY TRAIL
8 AND EAST OF PGA COMMONS PHASE III, AS DESCRIBED MORE
9 PARTICULARLY HEREIN, FROM RESIDENTIAL MEDIUM (RM) TO PLANNED
10 UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING OF
11 PROFESSIONAL OFFICE (PO) TO BE KNOWN AS THE DIVOSTA
i12 PGA/TURTLE BEACH PUD; PROVIDING FOR REVISIONS TO THE ZONING
s13 DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, the City received petition PUD- 06 -08 -09 from Don Hearing of Cotleur &
17 Hearing, Inc., agent for Turtle Beach, LTD., for a rezoning from Residential Medium Density (RM)
18 to Planned Unit Development (PUD) Overlay with an underlying zoning of Professional Office (PO)
19 to be known as the Divosta PGA /Turtle Beach PUD, on a 1.01 -acre site located on the south side
20 of PGA Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons Phase
21 III, as more particularly described herein; and
22
23 WHEREAS, the subject site is currently zoned Residential Medium (RM) and has a land
4 use designation of Professional and Office (PO); and
26 WHEREAS, the Growth Management Department has reviewed said petition, has
27 determined that it is sufficient, and has recommended its approval; and
28
29 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on January 9,
30 2007, and has recommended approval of the rezoning to the City Council with a vote of 4 -3; and
31
32 WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens,
33 Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's
34 Land Development Regulations, is authorized and empowered to consider petitions related to
35 zoning and land development orders; and
36
37 WHEREAS, the City Council has considered the evidence and testimony presented by the
38 Petitioner and other interested parties and the recommendations of the various City of Palm
39 Beach Gardens and Palm Beach County review agencies and staff; and
40
41 WHEREAS, the City Council has determined that adoption of this Ordinance is in the best
42 interest of the citizens and residents of the City of Palm Beach Gardens, Florida; and
43
44 WHEREAS, the City Council has determined that this Ordinance is consistent with the
45 City's Comprehensive Plan based on the following findings of fact:
J
Date Prepared: January 25, 2007
Ordinance 6, 2007
1 1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an
underlying zoning of Residential Medium (RM) is consistent with the future land -use
designation of RM.
5 2. The proposed rezoning is in harmony with the general purpose and intent of the
6 Comprehensive Plan and the Land Development Regulations, and is compatible with
7 the intensity and density of the surrounding, existing, and future land uses.
8
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
11 BEACH GARDENS, FLORIDA that:
12
13 SECTION 1. The zoning of the following described property is hereby changed from RM to
14 PUD with an underlying zoning of PO:
15
16 LEGAL DESCRIPTION
17
18 A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
19 THE CITY OF PALM BEACH GARDENS, FLORIDA, BEING MORE PARTICULARLY
20 DESCRIBED AS FOLLOWS;
21
22 COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST ONE - QUARTER
23 OF SECTION 12; THENCE, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
2 QUARTER, NORTH 88 037'35" WEST, A DISTANCE OF 572.33 FEET; THENCE, DEPARTING
SAID NORTH LINE, SOUTH 01 022'25" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON
2 THE SOUTH RIGHT —OF— WAY LINE OF PGA BOULEVARD AND THE POINT OF BEGINNING;
27
28 THENCE, FROM THE POINT OF BEGINNING, SOUTH 01 033'11" WEST, A DISTANCE OF
29 128.86 FEET TO A POINT ON THE NORTH LINE OF PLAT NO. 1 PGA NATIONAL GOLF CLUB
30 ESTATES, AS DESCRIBED IN PLAT BOOK 27 AT PAGE 206 OF THE PUBLIC RECORDS OF
31 PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT OF A NON -CURVE
32 WHICH A RADIAL LINE BEARS SOUTH HAVING A RADIUS OF 150 FEET FROM WHICH A
33 RADIAL LINE BEARS SOUTH 09 059'20" EAST; THENCE WESTERLY, ALONG THE ARC OF
34 SAID CURVE, AND ALONG SAID NORTH LINE, THROUGH A CENTRAL ANGLE OF 12 022'29 ",
35 A DISTANCE OF 32.40 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 67 °38'11"
36 WEST, A DISTANCE OF 234.32 FEET; THENCE, DEPARTING SAID NORTH LINE, NORTH
37 01 °33'11" EAST, A DISTANCE OF 232.93 FEET TO A POINT ON THE SAID SOUTH LINE,
38 SOUTH 88 037'35" EAST, A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING.
39
40 CONTAINING 43,891.49 SQUARE FEET OR 1.008 ACRES, MORE OR LESS.
41
42 SECTION 2. The City Manager is hereby authorized and directed to make appropriate
43 changes on the zoning district map of the City to effectuate the purpose of this Ordinance.
44
45 SECTION 3. This Ordinance shall take effect immediately upon adoption.
3
U
0
Date Prepared: January 25, 2007
Ordinance 6, 2007
1 PASSED this day of , 2007, upon first reading.
6 PASSED AND ADOPTED this day of _
4 reading.
5
6
7 CITY OF PALM BEACH GARDENS FOR
8
9 BY:
10 Joseph R. Russo, Mayor
11
12
13 Jody Barnett, Vice Mayor
14
15
16 Eric Jablin, Councilmember
17
18
19 David Levy, Councilmember
20
21
22 Hal R. Valeche, Councilmember
23
AATTEST:
27
28 BY:
29 Patricia Snider, CMC, City Clerk
30
31
32 APPROVED AS TO FORM AND
33 LEGAL SUFFICIENCY
34
35
36 BY:
37 Christine P. Tatum, City Attorney
38
39
40
41
42
43
44
45
46 G: \attorney_share \ORDINANCES \divosta pga- turtle beach rezoning - ord 6 2007.doc
•
i3
2007, upon second and final
AGAINST ABSENT
Date Prepared: January 24, 2007
1 RESOLUTION 17, 2007
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING THE DIVOSTA
6 PGA/TURTLE BEACH PLANNED UNIT DEVELOPMENT (PUD),
7 WHICH IS LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD,
8 APPROXIMATELY 500 FEET WEST OF MILITARY TRAIL AND
9 EAST OF PGA COMMONS PHASE III, TO ALLOW THE
10 DEVELOPMENT OF 2,500 SQUARE FEET OF FINANCIAL
11 INSTITUTION WITH DRIVE - THROUGH FACILITIES AND 2,650
12 SQUARE FEET OF OFFICE USE ON AN APPROXIMATELY 1.01-
13 ACRE PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN;
14 PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
15 APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
16
17
18 WHEREAS, the City Council, as the governing body of the City of Palm Beach
19 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
20 Statutes, and the City's Land Development Regulations, is authorized and empowered
21 to consider petitions related to zoning and land development orders; and
22
isWHEREAS, the City received a request (PPUD- 06- 08 -09) from Don Hearing of
Cotleur & Hearing, Inc., on behalf of Turtle Beach, LTD, for approval of the Divosta
25 PGA /Turtle Beach Planned Unit Development (PUD) to allow for the development of
26 2,500 square feet of financial institution with two drive - through lanes and 2,650 square
27 feet of office use on a 1.01 -acre parcel, which is located on the south side of PGA
28 Boulevard, approximately 500 feet west of Military Trail and east of PGA Commons III,
29 as more particularly described herein; and
30
31 WHEREAS, the subject site has been rezoned by Ordinance 6, 2007 to a
32 Planned Unit Development (PUD) with an underlying zoning of Professional and Office
33 (PO). The subject site has a future land -use designation of Professional and Office
34 (PO); and
35
36 WHEREAS, the Growth Management Department has reviewed the application,
37 has determined that it is sufficient, and has recommended its approval; and
38
39 WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
40 its January 9, 2007, public hearing and recommended its approval by a vote of 4 -3; and
41
42 WHEREAS, the City Council has considered the evidence and testimony
43 presented by the Applicant and other interested parties and the recommendations of
44 the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: January 24, 2007
Resolution 17, 2007
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
4 OF PALM BEACH GARDENS, FLORIDA that:
5
6 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
7
8 SECTION 2. The Planned Unit Development (PUD) application of Don Hearing of
9 Cotleur & Hearing, Inc., on behalf of the Applicant, Turtle Beach, LTD, is hereby
10 APPROVED on the following described real property, to allow the development of 2,500
11 square feet of financial institution with two drive - through lanes and 2,650 square feet of
12 office use on 1.01 acres of land to be referred to as "Divosta PGA /Turtle Beach PUD,"
13 generally located on the south side of PGA Boulevard, approximately 500 feet west of
14 Military Trail and east of PGA Commons Phase III, subject to the conditions of approval
15 contained herein, which are in addition to the general requirements otherwise provided by
16 ordinance:
17
18 LEGAL DESCRIPTION
19
20 A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
21 EAST, THE CITY OF PALM BEACH GARDENS, FLORIDA, BEING MORE
22 PARTICULARLY DESCRIBED AS FOLLOWS;
0 5 3
COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST ONE -
QUARTER OF SECTION 12; THENCE, ALONG THE NORTH LINE OF SAID
26 NORTHWEST ONE - QUARTER, NORTH 88 037'35" WEST, A DISTANCE OF 572.33
27 FEET; THENCE, DEPARTING SAID NORTH LINE, SOUTH 01 022'25" WEST, A
28 DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH RIGHT —OF— WAY LINE OF
29 PGA BOULEVARD AND THE POINT OF BEGINNING;
30
31 THENCE, FROM THE POINT OF BEGINNING, SOUTH 01 033'11" WEST, A
32 DISTANCE OF 128.86 FEET TO A POINT ON THE NORTH LINE OF PLAT NO. 1
33 PGA NATIONAL GOLF CLUB ESTATES, AS DESCRIBED IN PLAT BOOK 27 AT
34 PAGE 206 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
35 POINT ALSO BEING A POINT OF A NON -CURVE WHICH A RADIAL LINE BEARS
36 SOUTH HAVING A RADIUS OF 150 FEET FROM WHICH A RADIAL LINE BEARS
37 SOUTH 09 059'20" EAST; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE,
38 AND ALONG SAID NORTH LINE, THROUGH A CENTRAL ANGLE OF 12 022'29 ", A
39 DISTANCE OF 32.40 FEET TO THE POINT OF TANGENCY; THENCE SOUTH
40 67 038'11" WEST, A DISTANCE OF 234.32 FEET; THENCE, DEPARTING SAID
41 NORTH LINE, NORTH 01 033'11" EAST, A DISTANCE OF 232.93 FEET TO A POINT
42 ON THE SAID SOUTH LINE, SOUTH 88 037'35" EAST, A DISTANCE OF 245.00 FEET
43 TO THE POINT OF BEGINNING.
44 CONTAINING 43,891.49 SQUARE FEET OR 1.008 ACRES, MORE OR LESS.
45
LJ
I
Date Prepared: January 24, 2007
Resolution 17, 2007
1 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
IS hereby approves the following fib four 4 waivers:
3
4 1. Section 78 -285, Permitted- signs, to allow for -one ground sign. - -
5
6 2. Section 78 -345, Number of parking spaces required, to allow for six
7 additional parking spaces.
8
9 3. Section 78 -362, Size and location of loading spaces, to allow for the
10 absence of a loading space.
11
12 4. Section 78 -153, Table 12, to allow a reduction in the boundary setback
13 when abutting a residential zoning district.
14
15 4. d , Required pass-by lane, to allow the abSeRGe of a pass
16 by
17
18 ,
19 without a landSG@pe ffiSland and FefleGted en the site plan-.
20
21 SECTION 4. This approval is subject to the following conditions, which shall be
22 the responsibility of the Applicant, its successors, or assigns:
3
Planninq and Zoning
5
26 1. Prior to the issuance of the first building permit, the Applicant .shall post
27 escrow or make payment in lieu for Art in Public Places in accordance with
28 the City Code. If the Applicant is proposing art on site, an application for art
29 approval shall be submitted prior to the issuance of the first building permit,
30 and the art shall be approved prior to the issuance of the first Certificate of
31 Occupancy. If the art is not approved prior to the issuance of the first
32 Certificate of Occupancy, the City shall have the option of withdrawing the
33 escrow. (Planning & Zoning)
34
35 2. At no time shall staging of construction vehicles and /or service vehicles
36 occur within a public right -of -way. (Planning & Zoning)
37
38 3. The permitted uses shall consist of bank with drive - through lanes (2,500
39 square feet) and accessory professional office (2,650 square feet). The
40 bank with drive- through lanes use shall not exceed 2,500 square feet,
41 unless a traffic impact analysis is reviewed and approved by the City
42 Engineer and Palm Beach County, and adequate parking is provided for,
43 consistent with the City Code. (Planning & Zoning)
44 4. Prior to the issuance of the first building permit for vertical construction, the
45 Applicant shall install a six -foot tall construction fence with a privacy tarp
0 around the entire property. Any closure of the existing sidewalk shall be
9
Date Prepared: January 24, 2007
Resolution 17, 2007
1
appropriate utility companies (easement holders) allowing landscaping
coordinated with the Growth Management Department for review and
3
26
approval. (Planning & Zoning)
4
5.
All tenant signage shall consist of the-same style and color. (Planning &
5
29
Zoning)
6
shall be based on 110% of the total combined approved cost estimates and
31
7
6.
All on -site lighting shall be cast downward and shall be shielded from
8
adjacent residential properties. (Planning & Zoning)
9
35
alteration permit, the Applicant shall provide cost estimates in accordance
10
7.
All on -site lighting shall be metal halide or equivalent lighting approved by the
11
38
Police Department prior to the issuance of the first building permit, and
12
shall be signed and sealed by an engineer and landscape architect
consistent with the fixtures utilized at the neighboring developments.
13
41
(Planning & Zoning)
14
12. The Applicant shall comply with all Federal Environmental Protection
43
15
City
Engineer
16
17
8.
Prior to construction plan approval and the issuance of the first land
18
alteration permit, a public access easement shall be granted for all public
19
sidewalks within the property boundary. (City Engineer)
20
21
9.
Prior to construction plan approval and the issuance of the first land
22
alteration permit, the Applicant shall provide written authorization from the
3
appropriate utility companies (easement holders) allowing landscaping
5
within their respective existing and /or proposed easements. (City Engineer)
26
10. Prior to the issuance of the first land alteration permit, the Applicant shall
27
provide a cost estimate for public infrastructure, landscaping, and irrigation.
28
The cost estimate shall be signed and sealed by an engineer and
29
landscape architect registered in the State of Florida. The cost estimate
30
shall be based on 110% of the total combined approved cost estimates and
31
shall be posted with the City, prior to the issuance of the first building
32
permit. (City Engineer)
33
34
11. Prior to construction plan approval and the issuance of the first land
35
alteration permit, the Applicant shall provide cost estimates in accordance
36
with LDR Sections 78 -309 and 78 -461 and for on -site project
37
improvements, not including public infrastructure, landscaping, and
38
irrigation costs for review and approval by the City. The cost estimates
39
shall be signed and sealed by an engineer and landscape architect
40
registered in the State of Florida and shall be posted with the City prior to
41
the issuance of the first land alteration permit. (City Engineer)
42
12. The Applicant shall comply with all Federal Environmental Protection
43
Agency and State of Florida Department of Environmental Protection permit
44
requirements for construction activities. (City Engineer)
45
i�
U
0
Date Prepared: January 24, 2007
Resolution 17, 2007
1
13.
Prior to the issuance of the first land alteration permit, the Applicant shall
esubmit
signed and sealed construction plans with all pertinent calculations
3
to the City Engineer for review and approval. (City Engineer)
4
5
14.
Prior to construction plan approval, the Applicant shall schedule a pre -
6
permit meeting with City staff. (City Engineer)
7
8
15.
Prior to the issuance of the first land alteration permit, the Applicant shall
9
prepare a plat, which shall be approved by the City and recorded by the
10
Applicant prior to the issuance of said alteration permit. (City Engineer)
11
12
16.
The Applicant shall furnish to the City copies of all complete permit
13
applications, certifications, and approvals for the project, to and from all
14
regulatory agencies. (City Engineer)
15
16
17.
Prior to the issuance of the first Certificate of Occupancy, documents
17
identifying the cross access and maintenance agreement and restrictions
18
as necessary shall be furnished by the Applicant to the City Attorney for
19
review and approval prior to such documents being recorded in the Public
20
Records of Palm Beach County. (City Engineer, City Attorney)
21
22
18.
The construction, operation, and /or maintenance of any elements of the
23
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
5
determined by the City that any of the surrounding areas are experiencing
26
negative drainage impacts caused by the project, it shall be the Applicant's
27
responsibility to cure said impacts in a period of time and a manner
28
acceptable to the City prior to additional construction activities. (City
29
Engineer)
30
31
19.
The Applicant shall provide all necessary construction zone signage and
32
fencing as required by the City Engineer. (City Engineer)
33
34
20.
The build -out date for Divosta PGA /Turtle Beach shall be December 31,
35
2011, unless extended per City Code Section 78 -61. (City Engineer)
36
37
38
39
40
41
•
5
Date Prepared: January 24, 2007
Resolution 17, 2007
0
City Forester
3
21.
Prior to the issuance of the first Certificate of Occupancy, all landscape
4
27
buffers and the wall shall be installed in accordance with the approved
5
Police Department
landscape plan. (City Forester)
6
30
27. Prior to the issuance of the first Certificate of Occupancy, lighting locations
7
22.
The Plat shall indicate a 55 -foot PGA Boulevard landscape buffer
8
33
easement, including a public access for sidewalk location as approved in
9
28. Prior to the issuance of the first Certificate of Occupancy, the Applicant
the referenced site plan. (City Forester)
10
36
near entryways and adjacent sidewalks for said building. (Police
11
23.
Prior to the issuance of the first Certificate of Occupancy, the existing
12
39
irrigation of the 55 -foot PGA Boulevard parkway shall be taken off of
13
street address system depicting street names and numerical addresses for
reclaimed water and put on a private system. (City Forester)
14
42
11 " map format. (Police Department)
15
24.
Any part of the PGA roadway shoulder shall be irrigated and landscaped as
16
45
approved in the referenced landscape plan and maintained in perpetuity by
17
the Applicant. (City Forester)
18
19
25.
The Applicant shall be responsible for the maintenance of the median of
20
PGA Boulevard adjacent to the property. The City may enter into a
21
maintenance agreement with the Applicant at any time in the future for the
22
maintenance of PGA Boulevard medians, including irrigation and landscape
3
maintenance. (City Forester)
5
26. All utilities shall be located underground, and all utility boxes shall be
26
screened from the PGA Boulevard right -of -way. (City Forester)
27
28
Police Department
29
30
27. Prior to the issuance of the first Certificate of Occupancy, lighting locations
31
and building addresses shall not conflict with landscaping, including long -
32
term tree canopy growth. (Police Department)
33
34
28. Prior to the issuance of the first Certificate of Occupancy, the Applicant
35
shall provide a timer clock or photocell sensor engaged lighting above or
36
near entryways and adjacent sidewalks for said building. (Police
37
Department)
38
39
29. Prior to the issuance of the first building permit, the Applicant shall provide a
40
street address system depicting street names and numerical addresses for
41
emergency response purposes. Address system depiction shall be in 8.5" X
42
11 " map format. (Police Department)
43
44
45
U
no
Date Prepared: January 24, 2007
Resolution 17, 2007
1
30.
Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
3
the Police Department. Non - compliance with the approved security and
4
management plan may result in a stop -work order. (Police Department)
5
6
31.
Prior to the issuance of the first Certificate of Occupancy, all numerical
7
addresses shall be placed at the front of the building. Each numerical
8
address shall be illuminated for nighttime visibility, shall provide bi-
9
directional visibility from the roadway (when applicable), shall consist of 8
10
inches in height, and shall be a different color than the color of the surface
11
to which they are attached. (Police Department)
12
13
Miscellaneous
14
15
32.
Prior to the issuance of the first building permit, digital files of the approved
16
plat shall be submitted to the Planning and Zoning Division, and approved
17
civil design and architectural drawings, including floor plans, shall be
18
submitted prior to the issuance of the first Certificate of Occupancy for each
19
phase. (GIS Manager, Development Compliance Officer)
20
21
33.
The Applicant shall be required to notify the City's Public Works Division via
22
fax at least 10 working days prior to the commencement of any
23 work /construction activity within any public right -of -way within the City. In
0 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
26 at the Building Division. Failure to comply with this condition may result in a
27 stop -work order of all work /construction activity within the public right -of -way
28 and the subject site. (Public Works)
29
30 SECTION 5. This Planned Unit Development (PUD) amendment approval shall
31 be constructed in compliance with the following plans on file with the City's Growth
32 Management Department:
33
34 1. Turtle Beach Office Building Site Plans and Site Details, Sheets 1 through
35 3 of 5, by Cotleur & Hearing, Inc., last revised on February 20, 2007,
36 daRuary1,2007: and received and stamped by the City on February 21,
37 2007. january 26, 2007.
38
39 2. Turtle Beach Office Building Landscape Plans and Landscape Details,
40 Sheets 4 and 5 of 5, by Cotleur & Hearing, Inc., last revised on February 20,
41 2007, jaRuary - 18, 2007, and received and stamped by the City on February
42 21, 2007.JaRuary 26, 2007.
43
44
45
•
7
Date Prepared: January 24, 2007
Resolution 17, 2007
1 3. Turtle Beach Office Building Architectural Elevations, Sheet A1, by Kelly
• Design & Architectur'e, Inc., last revised on May 5, 2006, and received and
3 stamped by the City on May 11, 2006.
4
5 4. Turtle Beach Office Building Photometric Plan, Sheet PHM -1 of 1, by E & C
6 Engineers, Inc., last revised on September 25, 2006, and received and
7 stamped by the City on October 17, 2006.
8
9 5. Turtle Beach Office Building Boundary Survey and Topographic, Sheet
10 A977, by Lawson, Noble & Webb, Inc., last revised on April 18, 2006, and
11 received and stamped by the City on October 17, 2006.
12
13 SECTION 6. This approval shall be consistent with all representations made by
14 the Applicant or Applicant's agents at any workshop or public hearing.
15
16 SECTION 7. This Resolution shall become effective immediately upon adoption.
17
18
19 (The remainder of this page left intentionally blank)
20
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30
31
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Date Prepared: January 24, 2007
Resolution 17, 2007
1 PASSED AND ADOPTED this day of , 2007.
•
3
4 CITY OF PALM BEACH GARDENS, FLORIDA
5
6
7 BY:
8 Joseph R. Russo, Mayor
9 ATTEST:
10
11
12 BY:
13 Patricia Snider, CMC, City Clerk
14
15
16 APPROVED AS TO FORM AND
17 LEGAL SUFFICIENCY
18
19
20 BY:
21 Christine P. Tatum, City Attorney
22
16 VOTE: AYE NAY ABSENT
25
26 MAYOR RUSSO
27
28 VICE MAYOR BARNETT
29
30 COUNCILMEMBER JABLIN
31
32 COUNCILMEMBER LEVY
33
34 COUNCILMEMBERVALECHE
35
36
37
38
39
40
41
42
43
44
45 G: \attorney_share \RESOLUTIONS \divosta pga- turtle bay - reso 17 2007.doc
U
we
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
• Agenda Cover Memorandum
•
•
Date Prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
Subject/Agenda Item:
LDRA- 07 -01- 000011: Code Amendment, creating Section 78 -193, entitled "Employer
Sponsored Housing" and amending Section 78 -751, entitled "Definitions ".
Public Hearing & Recommendation to City Council: A request by Stephen Mathison on behalf of
Frenchmen's Creek, Inc., for approval of a text amendment to Chapter 78, Code of Ordinances,
Article V, Supplementary District Regulations, Division I, General Standards, by creating Section
78 -193, entitled "Employer Sponsored Housing" and amending Section 78 -751, entitled
"Definitions" in order to increase the number of persons not related by blood or marriage to be
allowed in a three- bedroom unit or a two - bedroom unit with a den from four to five.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
PZAB Action:
Growth Management:
[N /A] Approved
Planning,a ager
Project
Manager
Bui t bcountant:
[N /A] App. w/ conditions
[N /A] Denied
Brad Wiseman
Stephen Mayer p Y
[ ]Rec. approval
By: K. L ossiere
City Attorney
Sr. Planner
Fees Paid [Yes]
[ ] Rec. app. w/ conds.
[ ] Quasi - Judicial
Christine Tatum, Esq.
per memo 2/21/07
[ ] Rec. Denial
[ X ] Legislative
[N /A] Continued
Development Compliance
[ X ] Public Hearing
Costs: $ N/A
to:
NA
Bahareh Wolfs, AICP
Total
Attachments:
Advertised:
P &Z Division � j�,
Date: 2/23/07
$ N/A
0 Applicant's narrative
Director l �
Paper: PB Post
Current FY
0 Ordinance 10, 2007
Talal Benothman, AICP
[X] Required
• Notice of Public
Hearing
Growth Managem
Funding Source:
Administrator
Kara Irwin, AICP
[ ] Operating
Approved By:
Ronald M. Ferris
[X] Other—N/A
Affected parties:
[ X ] Notified
City Manager
Budget Acct. #:
NA
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
•
BACKGROUND
The Applicant is requesting an amendment to the Land Development Regulations (LDRs) to create
Section 78 -193 and add a definition to Section 78 -751, in order to provide for an employer sponsored
housing program. Employer sponsored housing is a private sector venture initiated when an
employer voluntarily provides living quarters for their employees with property they have purchased.
Employer sponsored housing is a growing trend within private sector employers, such as, exclusive
service markets (Golf Clubs, Hotel or Conference Centers) and large corporate offices and
headquarters. Currently, the City Code allows a maximum occupancy rate of four persons not
related by blood or marriage in a dwelling. The Applicant proposes an Employer Sponsored Housing
(ESH) program that would allow an employer to house up to five employees not related by blood or
marriage in a three bedroom unit or a two bedroom unit with a den. The Applicant proposes to limit
the program to multi - family developments and have proposed qualifications linked to an annual
management plan that reflects to maintain the integrity of the residential communities. In
consultation with the applicant, staff has revised the proposed code amendment for clarity and
included additional regulations to further protect the public health, safety and welfare.
CITY CODE AMENDMENT
The following language is proposed by staff, hereby creating Section 78 -193: (Deletions are std,
• new language is underlined):
Sec. 78 -193. Employer Sponsored Housing.
(a) Purpose. Employer Sponsored Housing, pursuant to the criteria and limitations
provided herein, will assist in meeting housing needs in the City by allowing the
implementation of an approved management plan for providing employee living
quarters at appropriate locations.
Permitted Locations. Employer Sponsored Housing programs shall be limited to a
multi- family development with a minimum of 500 dwelling units.
(c) Criteria. The Applicant shall demonstrate compliance with the following criteria at
time of application:
The application shall be submitted by a single employer whose place of
business is located within the City of Palm Beach Gardens.
U The application shall be solely for providing employee living_ quarters.
The property subject to the application shall be in a multi - family development
with a minimum of 500 dwelling units.
•
2
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA -07 -01- 000011
Ordinance 10, 2007
(4 ) Occupancy shall be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit or a two (2) bedroom unit with a den. The
altering of existing floor plans is prohibited.
fL The Applicant shall be the owner or lessee of a minimum of ten (10) dwelling
units within the multi - family development, and there shall be no more than an
aauregate maximum of five percent (5 %) of the units in said development
participating in the program. If the owner is not the Applicant the Applicant
shall submit a notarized affidavit indicating _the owner's consent to participate
in the program.
Management Plan. At time of application, the Applicant shall provide a management
plan, which at a minimum shall contain the following elements:
Documentation that demonstrates that the application meets the criteria for
the program.
Provision for a single point of contact responsible for the program.
M A plan for transportation of employees to and from the place of employment.
• (4 ..) Estimated fife of Employer Sponsored Houshigg, program.
Estimated turnover of occupancy of employees, .i.e. minimum months' stay
for each employee.
Examples of any additional elements to the management plan that would
benefit employees and /or mitigate potential impacts to the community as
requested by the City.
If a iwo bedroom unit with a den is used in the program, the Applicant shall
demonstrate that adequate parking is being provided by meeting the
minimum requirements in accordance with City Code, or by restricting the
number of parking spaces used to two spaces.
An affidavit of notice to the applicable HOA or POA which includes the
proposed managemem Allan.
(e) Review Approval and Appeal. Al] Employer Sponsored Housing applications shall
be reviewed by Growth Management Staff and shall be approved in writing by the
Growth Management Director only pon demonstration by the Applicant of
• compliance with Sections (b) (c) and (d) above. Upon denial of an application the
Applicant may appeal the Growth Management Administrator's decision in
•
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
accordance with City Code. Upon approval of the application, the Applicant shall
maintain the Employer Sponsored Housing program for a minimum of five (5) ears.
(f ) Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, the Applicant shall provide an annual
report on the anniversary of gpproval, demonstrating continued compliance with
Sections (b), (c), and (d) above. Should the Applicant continue the Employer
Sponsored Housing program beyond the minimum five (5) year period the said
Applicant shall file with the Growth Management Director annual reports
demonstrating such compliance until the Employer Sponsored Housing program is
tenninated, either by the Applicant or as set forth in Section (g) below.
Revocation /Termination. An approved Emplover Sponsored Housing program shall
be revolted or terminated upon the following_
The Applicant's failure to maintain the Employer Sponsored Housing
program in accordance with Sections (b) (c) and (d) provided herein
including, but not limited to, compliance with all aspects of the approved
nnanaaement plan.
• The Applicant's failure to file an annual report as required herein or the
Applicant's failure to demonstrate continued compliance with the approved
program in an annual report.
The sale of any dwelling unit included in the plan.
Effect of RevocationlTermination. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the approved
plan shall be limited to a maximum of four (4) unrelated persons or as otherwise
provided for in the Code of Ordinances.
Sec. 78 -751 Definitions.
Add the following definition to Section 78 -751:
Employer sponsored housing means a multi - family dwelling approved by the City as part of the
Employer Sponsored Housing program designed solely to house employee living quarters at a
maximum occupancy of 5 persons not related by blood or marriage living together as a single
housekeeping unit in a three bedroom or a two bedroom with a den.
U
•
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
STAFF ANALYSIS
The purpose of the Employer Sponsored Housing (ESH) program is to create opportunities for
employers within the City to provide living quarters for their employees. The Applicant is requesting
that the City raise the maximum occupancy by one additional non- related person for housing units
approved as part of the ESH program. The City Code allows a maximum occupancy of four persons
not related by blood or marriage in a single housing unit. This is based on the definition of family,
which states, "...The term shall also include a group of not more than four persons not related by
blood or marriage, living together as a single housekeeping unit in a dwelling." The Applicant has
expressed that allowing up to five persons not related by blood or marriage would assist City
employers in housing their employees.
It is staff's professional opinion that the goal. of assisting City employers in meeting their employees
housing.needs would be beneficial to the City. Staff notes that the Palm Beach County median
income has not kept pace with the cost of housing, which is especially problematic for employees
making below the median income level. As a result of this trend, meeting the housing needs of said
individuals has become increasingly difficult. Please note that according to the updated "Data and
Analysis" for the City's Comprehensive Plan, written in May 2006, "a booming housing market has
widened the gap for the working class to purchase a home." In that report, it is noted that the
County's housing costs have increased more than 1.50 percent between 1994 . and 2004. Meanwhile,
• income levels .have been relatively stagnant; the median wage did not change in a two -year period
between 2005 and 2006.
Staff supports the Applicant's proposed criteria in order to enter the ESH program. Staff supports
lirniting the program to a single employer whose place of business is located within the City of Palm
Beach Gardens. This ensures responsive and direct control over the employers living quarters and
eliminates the need for multiple points of contact. The program is only intended for employers to
provide living quarters and the floor plan of the units would not be allowed to be modified. Staff
supports the use of a den or flex- space, but the Applicant must demonstrate that the use of the den as
a bedroom will have adequate parking required by code, or the multi - family dwelling will be limited
to two parking spaces. Staff notes that parking is not required for a den, but City Code requires each
bedroom to be parked at I space per bedroom. Therefore, the use of a den as a bedroom will increase
the required parking by one additional parking space for each conversion, unless the ESH.
management plan restricts the number of parking spaces that will be used to two spaces.
It is staff's professional opinion that the program should be limited to multi- family developments
with a minimum of 500 dwelling units. In order to ensure a substantial commitment by the
employer, staff recornmends that the ESH Applicant be the owner or lessee of a minimum of ten (10)
dwelling units within a multi- family development. Staff recommends that no more than an aggregate
maximum of five percent (5 %) of the total units in any development may have units included in the
program. The staff reasoning for recommending the limitation is to ensure the home ownership of a.
• community is not controlled by a single employer .for the purpose of providing living quarters and to
ensure the program is not concentrated to one development in the City.
5
•
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
As shown in the table below, four individual multi - family developments have more than 500 units,
and therefore are eligible for the program. Please note that the program is only eligible for multi-
family developments that have over 500 units, and does not include, as an example, a cumulative
count of more than one multi - family development within a Planned Community Development. Staff
notes that developments such as Union Square are rental units and not condominium products.
These developments .would be eligible for the program; however, staff would require consent from
the owner of the property.
Development Name
# of M.F
Units
Union Square*
542
Garden Lakes
584
Westwood Gardens
698
San Matera
995
* Rental developments
Staff finds that the minimum threshold of 500 multi - family units is large enough to limit the program
to only those developments that have the infrastructure and size to support the additional occupancy
per housing unit. Please be advised that San Matera is the largest single multi- family project in the
• City at this time.
Ballenlsles (1547 multi- fainily units) and PGA National Resort Community (2984 multi- family
units) are communities with multi - family housing units clustered in "pods" that are adjacent to and
surrounded by single - family residential. These two developments are not eligible for the program,
because the proposed regulations require a single multi - family pod with over 500 multi- family
dwelling units to be eligible. Staff notes that many of the other large communities with a mix of
single and multi- family units (Ballenlsles, PGA National, Southampton, Evergreene, Old Palm,
Frenchman's Reserve and Frenchmen's Creek) do not have a single development with over 500
multi - family units.
Staff recommends that a management plan be submitted with the initial application and on an annual
basis. The required management plan and annual updates must provide staff information that will
assist in determining if the program minimizes the potential impact of the program on the residential
neighborhood it is located. The plan must provide documentation that demonstrates that the
application meets the criteria for the program.. The plan must also contain reference information,
such as, a single point of contact in case of any Code violation; plans for transportation of
employees; an estimated length of the Employer Sponsored Housing program; an affidavit of the
notice to applicable HOA or POA which includes the proposed management plan; and the estimated
turnover of occupancy of employees (i.e. minimun months' stay for each employee). Finally, staff
recommends that the Applicant provide examples of any additional elements to the management plan
. that would benefit employees and /or mitigate potential impacts to the community.
I
•
Date prepared: February 21, 2007
Meeting Date: March 6, 2007
Petition: LDRA- 07 -01- 000011
Ordinance 10, 2007
Consistency with Comprehensive Plan
Housing Element:
Policy 3.1.1.1.: The City shall continue to provide information, technical assistance, and incentives to
the private sector to maintain a housing production capacity sufficient to meet the projected demand.
In staff's professional opinion there is demand for employer sponsored housing and allowing an
increase in the maximum occupancy rate would create reasonable opportunities for employers to
provide this type of housing. The proposed regulations would be beneficial to the City by aiding
employers' efforts to house employers within the City.
Policy 3.1.1.3.: The City shall ensure proposed ordinances, codes, regulations, and changes to the
permitting process do not create excessive requirements, and the City shall continue to amend or add
other requirements in order to maintain or increase private sector participation in meeting the housing
needs, while continuing to insure the health, safety, and welfare of the residents.
The proposed amendment to the City Code does increase private sector participation in meeting a
specific housing demand for employer sponsored housing, while creating a management plan that
• insures the health, safety and welfare of the residents.
Policy 3.1.1.4.: The City shall maintain development regulations which include site selection criteria
for the location of housing which shall consider accessibility, convenience, and infrastructure
availability.
Staff considered site selection criteria by ensuring that the program is limited to large scale multi-
family housing developments. Please note that these, large scale multi family housing developments
are generally located in areas that are accessible by major arterials and areas that may accommodate
mass transit facilities in the future. As a result, employer sponsored housing is limited to areas that
may accommodate the specific needs of the program.
Policy 3.1.3.3.: The City shall maintain and continue to evaluate additional incentives to encourage the
production of housing for persons with special needs including the elderly, the handicapped, and those
in need of affordable housing.
As noted in the staff analysis, the increase in the maximum occupancy rate.for employer sponsored
housing is an incentive,for the private sector to meet housing needs of their employees.
PUBLIC NOTICE
Although City Code does not require mail notice for a Land Development Regulation Text
• Amendment, staff has mailed notices to the narrow list of affected parties, specific to the proposed
text changes. Please note that staff mailed a brief explanation of the proposed text amendment to the
7
01/23/2007 12:11 5616240036 STEPH S MATHISON PA PAGE b1 /bj
STEPHEN S. MATHISON, P.A.
. ATTORNEYS AT LAW
Stephen S. Mathison, P.A.
Of Counsel
Frederic T. AeHon, Jr., P.A.
VIA EMAIL - smttvej&_bg -eom
VIA FACSIMILE @ 561 -799 -4281
January 23, 2007
Stephen Mayer, Senior Planner
City of Palm Beach Gardens
Planning & Zoning Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
P.G.A. Concourse Building
5606 PGA Boulevard, Suite 211
Palm Beach Gardens, FL 33418
Telephone: (561) 624.2001
Telecopier: (561) 624 -0036
Re: Frenchman's Creek, Inc. - Employer Sponsored Housing (Our File #1905.10)
Dear Stephen:
• Following up on our conference of last week, I have prepared proposed LDR language for the
above - referenced matter. Please review the proposed language carefully and critically. I
welcome your comments and suggested changes.
Kind regards,
l);.. r
',• :,tt-rt hl.r:► not r ^cd ±. : ?j►
EsiL
Stephen S.
SSM /st
Attachment
cc: client
z:\ does \Frenchman'sCreek \S anMatera \Mayer.le
CITY OF PALM BOH GI)NI
. jAN 2132007
PLA��� ING � ZONING �,�I��
01/23/2007 12:11 5616240036 STEPH S MATHISON PA PAGE 02/03
• PROPOSED LDR PROVISION
The Applicant, FRENCHMAN'S CREEK, INC., would propose to add an additional
provision to ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 1.
GENERAL STANDARDS, as follows:
Sec. 78 -193. Employer Sponsored Housing.
(a) Purpose. Employer Sponsored Housing, pursuant to the criteria and limitations
set forth below, will assist economic development needs of employers in the City
by permitting implementation of an approved management plan for providing
employees living quarters at appropriate locations.
(b) Permitted Locations. No Employer Sponsored Housing program may be
implemented other than in a multi - family development with a minimum density of
250 dwelling units.
(c) Criteria. The Applicant must demonstrate compliance with the following criteria
at time of application:
(1) Application must be from single employer whose place of business is
located within the City of Palm Beach Gardens.
• (2) Application must be solely for providing employees living quarters.
(3) Property subject to application must be a multi - family development with a
minimum density of 250 dwelling units,
(4) Occupancy must be limited to a maximum of five (5) unrelated persons
occupying a three (3) bedroom unit (including den which can be converted
to a bedroom, i.e. by installation of a door and not by altering existing
floor plans).
(5) Applicant must be the owner or lessee of a minimum of ten (10) dwelling
units within the multi - family development; and may own or lease no more
than a maximum of twenty percent (20 %) of the units in said development.
(d) Management Plan. At time of application, Applicant shall provide a management
plan, which at a minimum shall contain the following elements:
(1) Provide a provision for a single point of contact in case of any Code
violation.
(2) Provide a plan for transportation of employees.
• z:\ docs\ FrenchmansCreek \SonMatera \LDRProvision
01/23/2007 12:11 5616240036 STEPH S MATHISON HA HAUL e,jiej
• (3) Provide estimated life of Employer Sponsored Housing program.
(4) Provide estimated turnover of occupancy of employees, i.e. minimum
months' stay for each employee.
(5) Provide examples of any additional elements to the management plan that
would benefit employees and /or mitigate potential impacts to the
community.
(e) Review, Approval and Appeal. All Employer Sponsored Housing applications
shall be reviewed by Growth Management Staff and shall be approved in writing
by the Growth Management Director only upon demonstration by Applicant of
compliance with Sections (b), (c), and (d) above. Upon denial of an application,
the Applicant may appeal the Growth Management Director's decision to the City
Council. Upon approval of the application, Applicant shall maintain the
Employer Sponsored Housing program for a minimum of five (5) years.
(f) Annual Report. For a minimum period of five (5) years after approval of the
Employer Sponsored Housing application, Applicant shall provide an annual
report on the anniversary of approval, demonstrating continued compliance with
Sections (b), (c), and (d) above. Should Applicant continue the Employer
Sponsored Housing plan beyond the minimum five (5) year period, Applicant
shall file with the Growth Management Director annual reports demonstrating
• such compliance until the Employer Sponsored Housing program is terminated,
either by Applicant or as set forth in Section (g) below.
(g) Revocation /Termination. An approved Employer Sponsored Housing plan shall
be revoked or terminated upon the following:
(1) Applicant's failure to maintain the Employer Sponsored Housing plan in
accordance with Sections (b), (c), and (d) above, including, but not limited
to, compliance with all aspects of the approved management plan.
(2) Failure of the Applicant to file an annual report as required herein, or
failure of the Applicant to demonstrate in the annual report continued
compliance with the approved plan.
(3) Sale of any dwelling unit included in the plan.
(h) Effect of Revocation /Termination. Upon revocation or termination of an approved
Employer Sponsored Housing plan, occupancy of any units included in the
approved plan shall be limited to a maximum of five (5) unrelated persons as
otherwise provided for in applicable City of Palm Beach Gardens Land
Development Regulations.
• z:\ docs\ FrenchmansCreek \SanMatera \LDRProvision
2
CITY OF PALM BEACH GARDENS
• NOTICE OF PUBLIC HEARING
BY THE
PLANNING, ZONING, AND APPEALS BOARD
AND CITY COUNCIL
CITY OF PALM BEACH GARDENS, FLORIDA
PLEASE TAKE NOTICE that the PLANNING, ZONING AND APPEALS
BOARD of the City of Palm Beach Gardens, Florida will conduct a Public
Hearing on March 6, 2007, at 6:30 p.m., and the CITY COUNCIL will conduct
Public Hearings on April 5, 2007 and April 19, 2007, at 7:00 p.m., or as soon
thereafter as can be heard, at the City Hall Building located at 10500 North
Military Trail, Palm Beach Gardens, Florida regarding:
Ordinance 10, 2007 — EMPLOYER SPONSORED HOUSING
Public Hearing Request: A request initiated by Stephen Mathison on behalf of
Frenchmen's Creek, Inc., for an amendment to the Land Development Regulations
(LDRs), in order to provide for an Employer Sponsored Housing program in the
City of Palm Beach Gardens. Employer sponsored housing is a private sector
• venture initiated when an employer voluntarily provides living quarters for their
employees with property they have purchased. An employer, such as Frenchmen's
Creek, may utilize the program to house their employees in multi - family
developments with over 500 -nits. Currently, the LDRs allow a maximum
occupancy rate of four persons not related by blood or marriage in a dwelling.
The Applicant proposes an Employer Sponsored Housing program that would
allow an employer to house up to five employees not related by blood or marriage
in a three bedroom unit or a two bedroom unit with a den. In consultation with the
Applicant, staff has proposed protections to maintain the integrity of the
residential communities and included additional regulations to further protect the
public health, safety and welfare. Please note that the following large multi - family
developments, Garden Lakes, Westwood Gardens, Union Square and San Matera,
would be eligible for the program if the City Council adopts the LDR amendment
as proposed. However, the total number of units in each development dedicated to
employer sponsored housing is limited to five percent of the community.
All members of the public are invited to attend and participate in said public
hearing. All documents pertaining to said request may be inspected by the public
in the Growth Management Department (561- 799 -4243) located at the Municipal
Complex Building during regular business hours, Monday through Friday, 8:00
a.m. - 5:00 p.m., except for holidays.
•
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes
• to appeal any decision made by the Planning, Zoning and Appeals Board with
respect to any matter considered at this public workshop, such interested persons
will need a record of the proceedings and may need to ensure that a verbatim
record is made, including the testimony and evidence upon which the appeal is to
be based.
In accordance with the Americans with Disabilities Act and Section 286.26,
Florida Statutes, persons with disabilities needing special accommodations in
order to participate in this proceeding are entitled to the provision of certain
assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later
than 5 days prior to the public hearing if this assistance is required. For hearing
impaired assistance, please call the Florida Relay Service Numbers: 800 - 955 -8771
(TDD) or 800 - 955 -8770 (VOICE).
U
•
Date Prepared: January 30, 2007
1 ORDINANCE 10, 2007
0
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA, RELATING TO EMPLOYER -
6 SPONSORED HOUSING; CREATING A NEW SECTION 78 -193,
7 CODE OF ORDINANCES, TO BE ENTITLED "EMPLOYER -
8 SPONSORED HOUSING "; AMENDING SECTION 78 -751, CODE OF
9 ORDINANCES, ENTITLED "DEFINITIONS "; PROVIDING FOR
10 CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, Section 78 -751, Code of Ordinances, defines family as including a
14 group of not more than four (4) persons not related by blood or marriage, living together
15 as a single housekeeping unit in a dwelling; and
16
17 WHEREAS, the City has received a request (LDRA- 07 -01- 000011) from Stephen
18 Mathison on behalf of Frenchman's Creek, Inc. for approval of an amendment to the
19 land development regulations to create provisions for an Employer- Sponsored Housing
20 program; and
21
22 WHEREAS, the Growth Management Department has reviewed said application,
23 has determined that it is sufficient, and has recommended its approval; and
WHEREAS, this Land Development Regulations amendment petition (LDRA -07-
26 01- 000011) was reviewed by the Planning, Zoning, and Appeals Board at a public
27 hearing on March 6, 2007, which recommended its approval by a vote of _ -_; and
28
29 WHEREAS, the City Council has determined that adoption of this Ordinance is in
30 the best interest of the residents of the City of Palm Beach Gardens.
31
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
34 OF PALM BEACH GARDENS, FLORIDA that:
35
36 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
37
38 SECTION 2. Section 78 -193, Code of Ordinances, to be entitled "Employer -
39 Sponsored Housing" is hereby created to read as follows (deleted language is StFqGken
40 h; new language is underlined):
41
42
43
44
45
Date Prepared: January 30, 2007
Ordinance 10, 2007
1
Sec. 78 -193
Employer- Sponsored Housing.
0
persons occupying a three (3) bedroom unit or a two (2) bedroom
26
(a)
Purpose. Employer-Sponsored Housing, pursuant to the criteria and
4
limitations provided herein, will assist in meeting housing needs in the City
5
(5)
by allowing the implementation of an approved management plan for
6
providing employee living quarters at appropriate locations.
7
be no more than an aggregate maximum of five percent (5 %) of the
8
(b)
Permitted Locations. Employer- Sponsored Housing programs shall be
9
limited to a multi - family development with a minimum of 500 dwelling
10
units.
11
12
(c)
Criteria. The Applicant shall demonstrate compliance with the following
13
management
criteria at the time of application:
14
elements:
15
M The application shall be submitted by a single employer whose
16
M
place of business is located within the City of Palm Beach Gardens.
17
criteria for the program.
18
(2) The application shall be solely for providing employee living
19
(2)
quarters.
20
21
(3)
(3) The property subject to the application shall be in a multi - family
22
development with a minimum of 500 dwellina units.
a1
u
2
(4)
Occupancy shall be limited to a maximum of five (5) unrelated
persons occupying a three (3) bedroom unit or a two (2) bedroom
26
unit with a den. The altering of existing floor plans is prohibited.
27
28
(5)
The Applicant shall be the owner or lessee of a minimum of ten (10)
29
dwelling units within the multi - family development, and there shall
30
be no more than an aggregate maximum of five percent (5 %) of the
31
units in said development participating in the program. If the owner
32
is not the Applicant, the Applicant shall submit a notarized affidavit
33
indicating the owner's consent to participate in the program.
34
35
(d) Management
Plan. At the time of application, the Applicant shall provide a
36
management
plan, which at a minimum shall contain the following
37
elements:
38
39
M
Documentation that demonstrates that the application meets the
40
criteria for the program.
41
42
(2)
Provision for a single point of contact responsible for the program.
43
44
(3)
A plan for transportation of employees to and from the place of
45
employment.
u
2
Date Prepared: January 30, 2007
Ordinance 10, 2007
1 IA � Estimated term of existence of the Employer- Sponsored Housing
program.
4 (5) Estimated turnover of occupancy of employees, i.e., minimum
5 months' stay for each employee.
7 L6) Examples of any additional elements to the management plan that
8 would benefit employees and /or mitigate potential impacts to the
9 community as requested by the City_
10
11 (7) If a two (2) bedroom unit with a den is used in the program, the
12 Applicant shall demonstrate that adequate parking is being
13 provided by meeting the minimum requirements in accordance with
14 City Code, or by restricting the number of parking spaces used to
15 two spaces.
i[:
17
(8) A notarized affidavit that the applicable HOA or POA has been
18
notified of the application.
19
20
(e)
Review, Approval and Appeal. All Employer- Sponsored Housing
21
applications shall be reviewed by Growth Management Staff and shall be
22
approved in writing by the Growth Management Director only upon
23
demonstration by the Applicant of compliance with Sections (b), (c), and
(d) above. Upon denial of an application, the Applicant may appeal the
Growth Management Director's decision in accordance with City Code.
26
Upon approval of the application, the Applicant shall maintain the
27
Employer- Sponsored Housing program for a minimum of five (5) years.
28
29
(f)
Annual Report. For a minimum period of five (5) years after approval of
30
the Employer- Sponsored Housing application, the Applicant shall provide
31
an annual report on the anniversary of approval demonstrating continued
32
compliance with Sections (b), (c), and (d) above. Should the Applicant
33
continue the Employer- _Sponsored Housing program beyond the minimum
34
five (5) year period, the said Applicant shall file with the Growth
35
Management Director annual reports demonstrating such compliance until
36
the Employer- Sponsored Housing program is terminated, either by the
37
Applicant or as set forth in Section (g) below.
38
39
Lq�
Revocation /Termination. An approved Employer - Sponsored Housing
40
Droaram shall be revoked or terminated upon the followina:
a
42 (1) The Applicant's failure to maintain the Employer- Sponsored
43 Housing program in accordance with Sections (b), (c), and U
44 provided herein, including, but not limited to, compliance with all
45 aspects of the approved management plan.
0
Date Prepared: January 30, 2007
Ordinance 10, 2007
1 (2) The Applicant's failure to file an annual report, as required herein,
or the Applicant's failure to demonstrate continued compliance with
the approved program in an annual report.
4
5 (3) The sale of any dwelling unit included in the plan.
6
7 (h) Effect of Revocation/Termination. Upon revocation or termination of an
8 approved Employer- Sponsored Housing plan, occupancy of any units
9 included in the approved plan shall be limited to a maximum of four (4)
10 unrelated persons or as otherwise provided for in the Code of Ordinances.
11
12 SECTION 3. Section 78 -751, Code of Ordinances entitled "Definitions" is hereby
13 amended to read as follows (deleted language is StFiGkeR thFough; new language is
14 underlined):
15
16 Sec. 78 -751 Definitions.
17
18 Employer- sponsored housing means a multi - family dwelling approved by the City as
19 part of the Employer- Sponsored Housing program, designed solely to house employee
20 living quarters at a maximum occupancy of five (5)_ persons not related bV blood or
21 marriage, living together as a single housekeeping unit in a three (3) bedroom or a two
22 (2) bedroom with a den.
23
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
26 SECTION 5. This Ordinance shall become effective immediately upon adoption.
27
28
29
30 (The remainder of this page left intentionally blank)
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
El
11
1
PASSED this day of
0
PASSED AND ADOPTED this
4
second and final reading.
5
6
7
CITY OF PALM BEACH GARDENS
8
9
BY:
10
Joseph R. Russo, Mayor
11
12
13
Jody Barnett, Vice Mayor
14
15
16
Eric Jablin, Councilmember
17
18
19
David Levy, Councilmember
20
21
22
Hal R. Valeche, Councilmember
23
QATTEST:
26
27
28
BY:
29
Patricia Snider, CMC, City Clerk
30
31
32
APPROVED AS TO FORM AND
33
LEGAL SUFFICIENCY
34
35
36
BY:
37
Christine P. Tatum, City Attorney
38
39
40
41
42
43
44
45
r-111
Date Prepared: January 30, 2007
Ordinance 10, 2007
1 2007, upon first reading.
day of , 2007, upon
FOR AGAINST ABSENT
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COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: E ( e e_ A,-) -�—L) C (� e k.._
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.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print /�
Name: 0') C A (e-1 01 k 0O k t P
Address: IS
City: en �
Subject. --1) 2A I
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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:
City:
Subject:
,e-o t e-tj
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 Pri t
Name: -Tw */ 41`J 0,C
Address:
City:
Subject: V
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
,e-o t e-tj
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 Pri t
Name: -Tw */ 41`J 0,C
Address:
City:
Subject: V
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.
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kellq design & architecture, inc.
J 11331 AVERY ROAD PALM REACH GARDENS FLORIDA 33410.3402
TELEPHONE: 1561) 691.0403 PAX, 16011626.6051 EMAIL: KELLYCOM®MINDSPRING.COM
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