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Home My WebLink AboutAgenda P&Z 081407C�t�y c�� P�� Be,�cb Gwdeims, - August 14, 2007 Rando ph Hansen Dennis Solomon Craig Xunkle -%f ichael Panczak Douglas PenneCC Barry Present Jonathan D. Rubins Joy Hecht (e Aft.) Amir XaneC(z ^' A t.) �+ Mr CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 • MEMORANDUM DATE: August 14, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, August 14, 2007 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, August 14, 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 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. 44 Kara L. Irwin, AICP Growth Management Administrator is AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, AUGUST 14, 2007 AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN APPROVAL OF MINUTES: JULY 12" & JULY 24`h, 2007 PLANNING, ZONING AND APPEALS BOARD Reiular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan D. Rubins Alternates: Joy Hecht (1" Alt.) Amir Kanel (2nd Alt.) Planning, Zoning and Appeals Board August 14, 2007 Recommendation to City Council: 1. Ex Parte Communication (Quasi - Judicial) (Public Hearing) Petition SPLA- 07 -06- 000005: BallenIsles Clubhouse Site Plan Amendment A request by Mr. Don Hearing of Cotleur and Hearing, on behalf of BallenIsles Country Club Inc., for approval of a site plan amendment to the clubhouse facility at the BallenIsles Planned Community Development (PCD). The Ballenlsles PCD is located at the southeast corner of PGA Boulevard and the Florida Turnpike. Project Manager; Richard Marrero, Planner nnanrro(n:ghgl]_com (799 -4219) Recommendation to City Council: 2. Ex Parte Communication (Quasi - Judicial) (Public Hearing) Petition MISC- 07 -06- 000034 - Gardens Station West - Signage Waiver A request by Cotleur & Hearing, Inc., agent, on behalf of PGA Development Associates, Inc., for approval of an amendment to the approved Master Signage Program for the Gardens Station PUD to permit a third monument sign, to add two lines of copy to the sign design, and for a waiver to allow a third (3) monument sign which is to be located at the RCA Boulevard entrance to the site. The project is located at 11025 RCA Center Drive. Project Manager: Todd Miller, Principal Planner tmillerii)phgfLcom (799 -4236) Appeal of Administrative Determination — Zoning Confirmation for "Noche Restaurant" — Harbor Shops Petition ADAP- 07 -08- 000001: An appeal by Mr. F. Martin Perry, of Perry & Taylor, P.A., on behalf of Carmine and Sheila's, Inc., doing business as "Noche" of an administrative determination by the City's Planning and Zoning Division, wherein it was determined that the proposed primary use of a night club and lounge is not a use permitted within the PGA Boulevard Corridor Overlay (the "Overlay "). Project Manager: Richard Marrero, Planner (799 -4219) 4. OLD BUSINESS 5. NEW BUSINESS 6. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Stange 28616, persons with disabilities needing special uccornnmdutions 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 -4110 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 firom the files in the Growth Management Department. Common/pz agenda 8- 14- 07.doe CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD • Agenda Cover Memorandum • • Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 Subject/Agenda Item: SPLA- 07 -06- 000005: BallenIsles Clubhouse Site Plan Amendment Recommendation to City Council: A request by Mr. Don Hearing of Cotleur and Hearing, on behalf of BallenIsles Country Club Inc., for approval of a site plan amendment to the clubhouse facility at the BallenIsles Planned Community Development (PCD). The BallenIsles PCD is located at the southeast corner of PGA Boulevard and the Florida Turnpike. [X] Recommendation to APPROVE with 2 waivers [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: PZAB Action: Growth Management: [ ] Approved City Attorney Christine Tatum Project ] App. w/ conditions Manager "Labossire [ ] Denied Richard J. Manero By: [ ] Rec. appro val Planner Fees Paid [Yes] [ ] Rec. app. w/ conds. Development [ ] Rec. Denial Compliance Bahareh Wolfs, AICP [X] Quasi — Judicial [ ]Continued to: [ ] Legislative Funding Source: Growth Manage [ ] Public Hearing Advertised: Attachments: Administrator [ ] Operating Kara Irwin, AICP [X] Required [X] Other NA -- 0 Applicant Narrative 0 Reduced Plans [ ] Not Required Paper: Palm Beach Post Budget Acct. #: Date: 8/3/07 NA Approved By: Ronald M. Ferris Affected parties: [X] Notified City Manager [ ] Not Required Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 EXECUTIVE SUMMARY • The subject petition is a request to amend the site plan for the existing clubhouse facility at the BallenIsles Planned Community Development (PCD). This site plan amendment consists of expanding the existing clubhouse by 12,370 square feet; replacing the existing 15,652 square - foot tennis /fitness building with a 54,142 square -foot sports complex; 264 additional golf cart parking spaces; a net increase of 37vehicle parking spaces; realignment of the detention pond; and associated site and landscape plan modifications. Staff recommends approval of the subject petition with two waivers. BACKGROUND The BallenIsles PCD was originally approved by the City Council on May 18, 1989, through the adoption of Ordinance 8, 1989 for 2,384 dwelling units on approximately 1,312 acres. The 27- acre clubhouse facility received site plan approval with the PCD approval. Since the initial approval, the clubhouse facility has been significantly modified five times. On June 21, 1990, the City Council granted approval for the existing clubhouse facility to be replaced with a new 66,100 square -foot clubhouse; a 5,400 square -foot tennis center; a 25,500 square -foot fitness center; and a 3,200 square -foot snack bar through the adoption of Resolution 85, 1990. On April 1, 1993, the City Council adopted Resolution 30, 1993, which provided for a 29,128 square -foot expansion of the clubhouse. On April 7, 1994, the City Council approved Resolution 42, 1994, which provided for the replacement of the existing clubhouse facility with a new 79,818 square - foot clubhouse and a 14,324 square -foot expansion of the tennis and fitness facilities. • Subsequently, on June 15, 1995, the City Council approved minor modifications to the clubhouse and adjacent landscaping, parking, and traffic circulation through the adoption of Resolution 70, 1995. Finally, on October 7, 1999, the City Council approved Resolution 117, 1999, which allowed for a 1,328 square -foot addition to the tennis /fitness facility. Currently, the existing recreational site consists of three main buildings: a 70,843 square -foot clubhouse; a 15,652 square -foot tennis /fitness facility; and a 4,033 square -foot administrative office building. Approval of the subject petition will result in the following square - footages: an 83,213 square -foot clubhouse; a 54,142 square -foot sports complex; and a 4,033 square -foot administrative office building (unchanged. LAND USE & ZONING The subject site has future land -use and Vision Map designations of Golf (G). The site is zoned Planned Community District (PCD) Overlay. CONCURRENCY According to the Applicant, all external club memberships will be phased out by October 31, 2007. Therefore, the proposed square- footage increases will only serve BallenIsles residents and not any existing or future non -PCD residents. The City Engineer has reviewed the traffic statement submitted by the Applicant and has determined that the proposed amendments are 0 2 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 consistent with the trips vested for the BallenIsles Planned Community Development (PCD). • PROJECT DETAILS Site Location & Access The BallenIsles PCD is located at the southeast corner of PGA Boulevard and the Florida Turnpike and is accessed via PGA Boulevard, Military Trail, and Northlake Boulevard. The clubhouse facility is centrally located in the PCD, approximately 2,250 feet south of PGA Boulevard. Proposed Improvements The applicant is seeking approval for an expansion of the clubhouse building by 12,370 square feet. This clubhouse expansion will provide additional square footage for the kitchen/dining areas, card rooms, living room, and the golf pro shop. In order to facilitate this expansion, the applicant is proposing modifications to the parking /vehicle use areas, sidewalks, and the relocation of the refreshment stand. The applicant is also proposing to replace the existing 15,652 square -foot tennis /fitness building with a new 54,142 square -foot sports complex. The new sports complex will include expanded kitchen/dining areas, spa, exercise rooms, administrative offices, game rooms, and lounge areas. Additional improvements consist of a 756 square -foot tennis equipment storage building with • restrooms; tennis viewing stands; additional pedestrian pathways; and a 4,787 square -foot pool expansion with a covered gazebo. The new sports complex will necessitate the modification of the adjacent parking /vehicle use areas; relocation of the children's play area; the reconfiguration of the lake and tennis courts; and the elimination of three tennis courts. Parking The City's Land Development Regulations (LDRs) require that the Growth Management Department determine parking requirements for accessory recreational uses. For this site, staff has determined that each individual use provide parking at the rate included in the LDRs. Therefore, the total parking required for the site is 950 spaces, whereas 985 spaces have been provided (690 vehicle spaces and 295 golf cart parking spaces). Due to the fact that the clubhouse facility is located within a golf course community, it is staff's professional opinion that the utilization of golf cart parking spaces towards required parking will provide a sufficient supply while reducing impervious surfaces. All new and previously approved parking spaces are nine feet wide. The applicant has demonstrated on the landscape plan the 1.5 additional square feet of open space for each square - foot of reduced pavement through the utilization of smaller spaces. Please note that the LDRs allow the width of parking spaces to be reduced to nine feet subject to City Council approval. Please note that the applicant is proposing a net increase of 37 additional vehicular parking • 3 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 spaces and 264 new golf cart parking spaces with the subject petition. • Architecture The proposed sports complex building, the existing clubhouse, and proposed additions maintain an Old Florida architectural style. Both buildings incorporate unifying architectural treatments such as tower elements, columns, and aluminum railings. All buildings are consistent in color (light yellow). Landscaping The total landscape points required for the clubhouse facility is 143,687 and 231,667 points have been provided. Foundation landscaping has been provided in accordance with City Code Section 78 -320. Additional landscaping is proposed around the vehicular and golf cart parking areas including Ligustrums, Hong Kong Orchids, Mahogany trees, and Coconut, Queen, Royal, and Sabal palms. Please note that the applicant is requesting a waiver from City Code Section 78 -115, which requires one landscape island per every nine parking spaces (please see waiver section). Site Lighting The applicant is required to provide a photometric plan prior to review and approval by the City Council. • Siknage There is no signage requested with this petition. Drainage Outfall from this site will be accomplished by several catch basins that will connect to the existing storm water management system on -site. Please note that the existing detention pond is being reconfigured with this application; however, there is no net loss in lake area. The City Engineer has reviewed and accepted the drainage statement for the project. (The remainder of this pie left intentionally blank) • 4 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 Waivers isThe applicant is requesting the following two waivers: Code Section Required Provided Waiver Recommendation Section 78 -141: 36' Maximum 54' Sports Complex 18' Approve (1) Building Height Section 78 -315: 1 island per every 9 1 island per 1,2,3,6 spaces Approve (2) Landscape Islands spaces 10,11,12,15 spaces (1) The applicant is requesting a waiver from Section 78 -141, which limits maximum building height in residential low zoning districts to 36 feet. The applicant is requesting a building height of 54 feet for the sports complex building. Please note that the proposed sports complex building is surrounded by golf course and is over 650 feet away from the closest residential unit and over 2,000 feet away from the closes public right -of -way. Due to its location, this facility will not be seen beyond the boundaries of the PCD. It is also pertinent to note that the sports complex building will further increase the recreational amenities available to the residents of BallenIsles. Therefore, it is staff's professional opinion that this waiver has been adequately justified. Staff recommends approval. (2) The applicant is requesting a waiver from Section 78 -315, which states that one • landscape island is required for every nine contiguous parking spaces. The applicant is proposing more than nine parking spaces in a row in several locations. There is one landscape island per every ten parking spaces in 13 locations; one island per every 11 spaces in four locations; one island per 12 spaces in five locations; and one island per 15 spaces in one location. As previously stated that landscape plan far exceeds the requirements of the LDRs for landscaping. It is staff's professional opinion that the proposed site design provides for an efficient use of area for parking without compromising aesthetics. Staff recommends approval. STAFF RECOMMENDATION Staff recommends approval of Petition SPLA- 07 -06- 000005, with the two waivers and the following conditions of approval: Planning & ZoninQ 1. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide a fountain including aeration within the wet detention area. (Planning & Zoning) 0 5 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 City Forestry • 2. Prior to the issuance of each Certificate of Occupancy, all associated landscaping and p g irrigation shall be permitted, inspected, and accepted by the City Forester and the Landscape Architect. (Planning & Zoning) Police Department 3. Prior to the issuance of the first Certificate of Occupancy for each building, all associated on -site lighting shall be installed. All exterior pedestrian walkway lighting shall utilize 12 foot pedestrian scale light poles, and all on -site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and, shall not conflict with planted landscaping. (Police Department) 4. Prior to the issuance of the first Certificate of Occupancy for each building, the Applicant shall provide for photocell sensor engaged lighting above or near entryways and adjacent sidewalks for said building. (Police Department) 5. Prior to the issuance of the first Certificate of Occupancy for each building, all entry doors(non -glass single /double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all exterior /interior doors with a minimum one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed- switch or signal locking is device to open the door when in the locked position. Exterior doors should have a holding force of at least 10001bs. Door hinges shall employ non- removable hinges, and the main entries to the clubhouse and sports complex shall be wired for closed - circuit digital camera surveillance system. (Police Department) 6. Prior to the issuance of the first building permit for vertical construction, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a stop -work order for the project. (Police Department) 7. Prior to the issuance of each Certificate of Occupancy, numerical address shall be placed at the front of the building. The numerical address shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source, shall consist of twelve (12) inch high numbers, and shall be a different color than the color of the surface to which it is attached. (Police Department) 8. Prior to the issuance of the first Certificate of Occupancy for each building with elevators, member elevator cab interiors which are not completely visible when the door is open shall have shatter resistant mirrors placed in a location approved by the Police Department. (Police Department) 0 6 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 9. Prior to the issuance of the first Certificate of Occupancy for the clubhouse and sports • complex, roof top numbers shall be placed parallel to the addressed street, only visible from the air. The numerals should be blocked lettered, weather resistant material, four feet in height and 18 inches wide. (Police Department) 10. Prior to the issuance of the first Certificate of Occupancy for each building, interior stairwells doors shall have glazing vision panels, five inches wide by 20 inches in height.(Police Department) City Engineer 11. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan, or provide the same on the engineering plans. (City Engineer) 12. The Applicant shall provide the City Engineer with copies of all correspondence to and from regulatory agencies regarding issues on the BallenIsles Clubhouse facilities. (City Engineer) 13. Prior to the commencement of construction, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) • 14. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a cost estimate and surety in accordance with LDR Sections 78 -309 and 78 -461, and a cost estimate for on -site project improvements, not including public infrastructure or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and /or a landscape architect licensed in the State of Florida. (City Engineer) 15. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 16. Prior to construction plan approval, the Applicant shall schedule a pre - permit meeting with City staff. (City Engineer) 17. Prior to the issuance of the first land alteration permit, the Applicant shall provide construction plans, including, but not limited to, paving, grading, and drainage plans along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) 18. Prior to the issuance of the first land alteration permit, the Applicant shall provide a • 7 Date Prepared: July 20, 2007 Meeting Date: August 14, 2007 SPLA- 07 -06- 000005 letter of authorization from the utility companies allowing landscaping within their . easements. (City Engineer) 19. The construction, operation, and/or maintenance of any elements of the BallenIsles Clubhouse facilities shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of said project, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) • • 8 • • CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799 -4243 Fax (561) 799 -4281 Request: _Planned Community Development (PCD) _Planned Unit Development (PUD) X Amendment to PCD, PUD or Site Plan _Conditional Use _Amendment to the Comprehensive Plan _Administrative Approval _Administrative Appeal Project Name: BALLENISLES COUNTRY CLUB Owner: BALLENISLES COUNTRY CLUB, INC. Applicant (if not Owner): Applicant's Address: _Annexation _Rezoning _Site Plan Review _Concurrency Certificate _Time Extension _Miscellaneous _Other Date Submitted: 100 BALLENISLES CIRCLE, PBG, FL 33418 Telephone No. Agent: DONALDSON HEARING / BRIAN CHEGUIS - COTLEUR- HEARING, INC. Contact Person: BRIAN CHEGUIS E -Mail: bcheguis @cotleur - hearing.com Agent's Mailing Address: 1934 COMMERCE LANE, SUITE 1, JUPITER, FLORIDA 33458 Agent's Telephone Number: (561) 747 -6336 X 127 Fax Number: (561) 747 -1377 FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received Application $ Receipt Number: Engineering $ Architect: BRIAN IDLE - PEACOCK & LEWIS ARCHITECTS Phone Number: 561 626 BCH(1A IC DNS Engineer: MAZIR KESHAVARZ - KESHAVARZ & ASSOCIATES Phone Number: 561 689 -8600 JUN 27 2007 Planner: BRIAN CHEGUIS - COT_ LEUR- HEARING INC. Phone Number: (561) 747 -6336 X 127 PLANNING & 70NING DID` Landscape Architect: DONALDSON HEARING Phone Number: (561) 747 -6336 X 102 • Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: APPROXIMATELY o.25 MILES WEST OF CENTRAL BLVD ON THE SOUTH SIDE OF PGA BLVD. Address: 100 BALLENISLES CIRCLE, PALM BEACH GARDENS. FLORIDA 33418 Section: SECTION 11 Township: TWNSHP 42S Range: RANGE 42E Property Control Number(s): 52 - 42 - 42 - 11 - 19 - 000 - 0010 Acreage: 27.49 ACRES Current Zoning: PCD Requested Zoning: PCD Flood Zone C Base Flood Elevation (BFE) — to be indicated on site plan Current Comprehensive Plan Land Use Designation: GOLF Existing Land Use: GOLF CLUBHOUSE Land Use: GOLF Proposed Use(s) i.e. hotel, single family residence, etc.: • ACCESSORY USES TO THE GOLF CLUBHOUSE AND ACCESSORY SPORTS COMPLEX - INCLUDING INCREASED CARDROOMS, LIVING ROOM, POOL AREA, REDEVELOPED SPORTS COMPLEX & ASSOCIATED PARKING Proposed Square Footage by Use: TOTAL ADDT'L SQ. FT. CLUBHOUSE +12,370SF / SPORTS COMPLEX + 39,818 SQ. FT. Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Justification Information concerning all requests (attach additional sheets if needed.) {Section 78 -46, Application Procedures, Land Development Regulations} 1. Explain the nature of the request: THE 1B AT BALLENISLES IS SEEKING A SITE PLAN AMENDMENT WITHIN A PCD FOR THE RENOVATION AND UPGRADE TO THE EXISTING FACILITIES AND SERVICES OFFERED FOR THE CLUB MEMBERS. THE SPECIFIC CLUBHOUSE RENOVATIONS INCLUDE THE ADDITION OF A THE EXPANSION OF AN EXISTING LOUNGE AND MAIN DINING FACILITY. WITH THESE UPGRADES, THE CLUB SHALL INCLUDE ADDITIONAL HANDICAP PARKING SPACES AND GOLF CART PARKING SPACES. OTHER UPGRADES IN .l UDF THE FXPANSION OF THE EXISTING SPORTS COMPI EX FACILITY • WITH INCREASED POOL AREA AND COVERED WALKWAY AND GRILL AND DINING AREAS. ADDITIONAL TENNIS COURTS AND SUPPORT BUILDINGS ARE INCLUDED IN THIS REQUEST AS WELL AS FUTURE AeCE33ORY USES TI IAT ARE 13EIHE3 REaUF3TEE) FOR APPROVAL WiTI f fl "a PETITION BUT THAT WILL BE IMPLEMENTED IN THE FUTURE. 2. What will be the impact of the proposed change on the surrounding area? • NONE - THE CLUBHOUSE SPORTS COMPLEX AND ASSOCIATED PARKING MODIFICATIONS WILL NOT BE VIEWED FROM OFF -SITE ADJACENT RESIDENTIAL USES. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. NOT APPLICABLE TO THIS REQUEST • 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78 -301, Land Development Regulations)? NOT APPLICABLE TO THIS REQUEST / THIS IS A PREVIOUSLY DEVELOPED SITE 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? NOT APPLICABLE TO THIS REQUEST / THIS IS A PRIVATE CLUB WITHIN A RESIDENTIAL DEVELOPMENT. CHAPTER 78 -261 IS NOT APPLIED TO RESIDENTIAL DEVELOPMENTS OR PODS WITHIN RESIDENTIAL PCDs • 6. Has project received concurrency certification? • YES Date received: Levi Description of the Subiect Property (Attach additional sheets if needed) Or see attached deed for legal description. • Location The subject property is located approximately 0.25 mile(s) from the intersection of PGA BLVD. AND CENTRAL BLVD , on the _ north, _east, xsouth, _west side of PGA BLVD. IN THE CITY OF PALM BEACH GARDE'Otreet/road). • • Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared HYMIE SCHWARTZ who, being by me first duly sworn, on oath deposed and says: • 1. That he /she is the fee simple title owner of the property described in the attached Legal Description. 2. That he /she is requesting SITE PLAN AMENDMENT APPROVAL WITHIN A PCD in the City of Palm Beach Gardens, Florida. 3. That he /she has appointed DON HEARING /BRIAN CHEGUIS OF COTLEUR- HEARING to act as authorized agent on his/her behalf to accomplish the above project. Name of Owner- BALLENISLES COUNTRY CLUB, INC. HYMIE SCHWARTZ, VICE PRESIDENT Signature of Owner By: Name/Title 10 0 BALLENISLES CIRCLE Street Address P. O. Box • Telephone Number PALM BEACH GARDENS, FLORIDA 33418 City, State, Zip Code City, State, Zip Code Fax Number • • E -mail Address 7 Sworn and subscribed before me this X / 6tday of 2� h CCU 7 'Votary Public My Commission expires: NOTARY PUBLIC -STATE Of FLORIDA Victoria L. Blackburn Commission # DD400889 Expires: MAR. 12, 2009 Bonded Thru Adandc Bonding Co., Inc. • is • Applicant's Certification I /We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I /WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my /our knowledge and belief. Further, I /we understand that this application, attachments, and a lication filing fees become a part of the ,pp official records of the City of Palm Beach Gardens, Florida, nd are not returnable. Applicant is: of _Owner BRIAN CHEGUIS, SENIOR LAND PLANNER Print Name of Applicant Optionee 1934 COMMERCE LANE, SUITE 1 Street Address _Lessee JUPITER, FLORIDA. 33458 City, State, Zip Code //,-X' 01—Agent (561) 747 -6336 X 127 Telephone Number _Contract Purchaser (561) 747 -1377 Fax Number bcheguisUcotleur- hearing.com E -Mail Address Cotleur & Hearing dscape Architects and Planners Environmental Consultants Friday, June 22, 2007 (Revised Monday, July 23, 2007) Ballenlsles Clubhouse Modification Site Plan Amendment Application Narrative General Project Description Ballenlsles Country Club, Inc. (the "Applicant ") is seeking approval of an amendment to the Clubhouse and accessory use buildings and recreational facilities located within Parcel 28 the "Clubhouse" Pod of the Ballenlsles PCD. The Applicant shall provide additional improvements to the existing Clubhouse which includes the addition of a living room that overlooks the 18th hole of the golf course, expanded card rooms, main kitchen and dining areas (summarized below). The Sports Complex will be demolished and rebuilt with additional amenity space, covered promenade, expanded pool amenities and future expansion considerations, (summarized below): Proposed Clubhouse Modifications: • 1,476 sq. ft. main kitchen and dining room area expansion • 904 sq. ft. of covered terrace (north side) expansion • 3,833 sq. ft. women's card room expansion • 1,176 sq. ft. men's card room and meeting room expansion • 2,108 sq. ft. pro -shop addition • 260 additional golf cart parking spaces (northwest, north side, southeast side) • Relocation and additional handicapped parking spaces (total of 15 spaces provided) • 30 additional parking spaces (at east side of parcel 28) • Reconfigured and additional pedestrian sidewalks and paths from parking lots to Clubhouse building • Relocation of existing refreshment stand Future Clubhouse Modification Considerations: • 3,400 sq. ft. living room (north side) Proposed Sports Complex (Tennis Facility) Modifications: • Demolition of existing 14, 324 sq. ft. facility, to be replaced with updated 54,142 sq. ft. facility (new facility to include expanded kitchen, dining, spa, exercise, administrative office, game rooms, and lounge areas) • Reconfigured detention pond — no loss of lake area (southeast corner) • 59 additional golf cart parking spaces around the Sports Complex • Reconfigured drive aisle leading to Sports Complex • 4 physically - challenged parking spaces in and around the Sports Complex • Reconfigured exhibition tennis court and associated viewing stands i • Additional pedestrian paths added between existing tennis courts • 756 sq. ft. tennis equipment storage building and bathrooms 4 plewood Professional Center 4 Commerce Lane — Suite 1 iter, Florida 33458 Lic.# LC- C000239 561 - 747 -5336 FAX 561 - 747 -1377 ECOPY Ballenlsles Parcel 28 Site Plan Amendment Application Narrative Page 2 of 8 • • 19 additional parking spaces at south east corner of tennis courts Future Sports Complex (Tennis Facility) Modifications: • Two additional tennis courts at south end of the field of the existing courts • 4,787 sq. ft. pool expansion with center island feature • +/ -1.058 sq. ft. covered gazebo on the pool deck • Relocation of children's play area to northwest corner of pool deck & new golf cart parking spaces Background Ballenlsles, Planned Community Development (PCD) was originally approved by way of Ordinance 8, 1989 for the overall 1312.85 acre community. As part of that original approval, Parcel 28 was designated at the "Clubhouse" pod within the development. Over the past two decades the Clubhouse parcel has been the subject of a number of amendments which include the following petition approvals: 1. Resolution 94, 1989: Approval of temporary tennis facilities 2. Resolution 85, 1990: Demolition of existing clubhouse-, addition of new clubhouse /tennis & fitness center 3. Resolution 30, 1993: Approval of clubhouse expansion from 75,530 sf to 104,104,658 sf 4. Resolution 42, 1994: Approval for 14, 324 sf expansion to tennis & fitness facilities 5. Resolution 137, 1994: Provision of additional trailer for office space & retail golf pro -shop • 6. Resolution 70, 1995: Approval for minor changes to clubhouse & corresponding landscaping, parking & traffic circulation patterns 7. Resolution 25, 1996; Resolution 84, 1997 & Admin 97 -28; approved temporary trailers 8. Resolution 117, 1999:Addition of 1,328 sf of second floor area tennis & fitness facility, awnings on the clubhouse and two open air pavilions • Development Approval Requested This petition contains one (1) specific request: 1. Site Plan Amendment with Approval of a Temporary Off -site Parking Program Development Review Fees Base Fee Site Plan Amendment in a Planned Community Development $2,250.00 Engineering Consultant Escrow $1,000.00 Traffic Engineering Consultant Escrow $1,000.00 Legal Escrow $1,000.00 Total Submittal Fees $5,250.00 f 1Project Documents107 -0505 Ballenlsles Country Club Parcel 28%Correspondence Out tApplicNarrative7- 23- 2007.doc Ballenisies Parcel 28 Site Plan Amendment Application Narrative Page 3 of 8 • Project Contacts All correspondence in connection with this request should be directed to: Cotleur & Hearing Inc. Attn: Brian Cheguis, Senior Land Planner 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Phone: (561) 747 -6336 Ext. 127 Fax: (561) 747 -1377 Email bcheguisCcDcotleur- hea ring. com Site Design The Applicant has minimized the impacts to the existing parking, circulation and open space areas throughout parcel 28 to effectively integrate the requested modifications to the buildings and site (See Master Plan Pg. 1 Of 7 and Affected Area Plan Pg. 1 of 1). All changes proposed are occurring within Parcel 28 or across a parcel boundary that is adjacent to the golf course. No off -site visual impacts will be generated from the requested modifications. The additional services, parking, pathways and expanded facilities will better serve the members of the private club exclusively, as all outside memberships (100 remaining outside members) shall be eliminated by October 3151, 2007. Additional golf cart parking spaces have been provided in convenient locations in and around key activity areas, which include adjacent to the golf course, •the club house, the Sports Complex, the Pool Deck and the Tennis Courts. Additional parking has been added to the existing parking areas, and handicapped spaces have been added and /or relocated to more convenient locations for the benefit of those special needs members. In order to provide appropriate enhancements to the redesigned and redeveloped Sports Complex, the main drive leading to it will be treated with specialty pavers or stamped concrete. The Sports Complex incorporates more covered walkways between the Pool Deck area and Tennis Courts and contemplates future expansion to the Pool and an addition of a Pool Building. A Tennis Storage and Bathroom building is being proposed at the southeast area of the site adjacent to the field of Tennis Courts. Future expansion to that building has been identified on the plan if it is determined additional storage area (to serve the Tennis facilities) is needed. Architecture The new additions to the Clubhouse shall blend with the existing architecture and the colors, materials and treatments shall match to create a seamless appearance. The internal upgrades include the reorganization of existing spaces which will allow for more amenities for the members and plan for the future integration of additional gathering /living room and card room space. The Sports Complex is an extensive renovation to the existing building and replacement with additional member services and amenities. The Applicant is not proposing any new commercial uses as prescribed in Section 2, Condition #8 of Resolution 42 -1994. All uses exist and will be expanded for the convenience of the members. The existing spa is being expanded and will include a hair and nail salon. The existing grill and dining area will be expanded to provide more indoor seating. An exhibition tennis court with additional viewing stands has been • F \Project Documents \07 -0505 Ballenisles Country Club Parcel 28 \Correspondence OuMpplicNarrahve7- 23- 2007 .doc Ballenisles Parcel 28 Site Plan Amendment Application Narrative Page 4 of 8 • integrated at the east end of the new facility. The style of architecture is Old Florida and incorporates exceptional detailing. The future expansions which include the Pool Gazebo structure have been designed to blend with the current proposed changes. Landscape and Hardscape Program The Applicant has to the greatest extent possible minimized affecting the existing mature landscaping around buildings and throughout the site. Where new foundation plantings and buffering material is required the Applicant shall maintain an Old World planting theme consistent with the existing theme throughout Parcel 28. A conceptual Master Landscape Plan has been developed that indicates where existing plantings are located and the locations of new material. The Applicant shall adhere to the City's preferred plant list and will utilize native plantings to the greatest extent possible. Parking Program The Petitioner has increased the number of golf cart parking spaces on the Club House Tract (Parcel 28) to the benefit of members who typically access the golf course and recreation facilities by way of private golf carts. The elimination of outside memberships has also reduced the effective number of traditional car trips to the golf course facility from surrounding developments. To encourage existing and new members'' (`internal to the PCD) to access the site utilizing alternative modes of transportation (golf carts), the Petitioner has provided up to 4.8 golf cart spaces per golf course hole (54 hole course). The location of these parking spaces is convenient for those accessing both the golf course facilities or those accessing other recreational services at the main club house and /or the new recreational facility. A 2.7:1 standard parking space to golf cart space ratio exists to provide members who do not utilize golf •carts to access the services by way of traditional motor vehicle parking. As evening functions and functions in inclement weather would be accessed by car, this ratio would provide enough standard parking (as access to golf would not occur during these times). Additional golf cart parking is provided in abundance at the north end of the Golf Club parcel to access the course. Additional cart parking has been conveniently provided at the southwest corner of the clubhouse, adjacent to the front of the recreational building and adjacent to the west end of the tennis facility (see revised Site Plan as prepared by Cotleur & Hearing, Inc.). The Ballenlsles recreational facility has been in existence for well over ten (10) years and the facility has had no parking issues to -date and the proposed modifications have been programmed to continue to provide sufficient parking with the proposed site and building modifications. Consistency with City's Comprehensive Plan Future Land Use Goal 1.1 Ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens' natural and manmade resources while minimizing any threat to the health, safety, and welfare of the City's citizens that is caused by incompatible land uses and environmental degradation. The revisions to the existing Clubhouse and Sports Complex will ensure that residents within Ballenlsles, who are members, will have access to the most up -to -date services and amenities within the development and further the Club's initiative to keep members from having to leave Ballenlsles for such conveniences and services. This initiative is consistent with the City's goal • of ensuring a high quality of life for the residents within Ballenlsles and reduces potential traffic FAProject Documents \07 -0505 Ballenlsles Country Club Parcel 28 \Correspondence Out\ApplicNarrahve7 -23- 2007. doc Ballenlsles Parcel 28 Site Plan Amendment Application Narrative Page 5 of 8 • outside of the development to the benefit of surrounding residential and commercial developments. Transportation Goal 2.1 The transportation system in Palm Beach Gardens shall be convenient, safe, and efficient for all persons living in and traveling through the city. The proposed project is fully vested under the original development order. The addition of Clubhouse and Sports Complex amenities and services will not increase outside traffic to the development as the Applicant is finalizing the phasing out of all outside memberships, (see attached letter), by October 31, 2007. These uses will serve the resident members of Ballenlsles for their exclusive use No off-site traffic impacts are expected as a result of these requested modifications. Housing Goal 3.1 The provision of an adequate mix of safe and sanitary housing which meets the needs of existing and future Palm Beach Gardens' residents. This element is not applicable because the project is a recreational pod within the Ballenlsles PCD and contains no residential units. • Infrastructure Goal 4.A.1 Provide adequate central sanitary sewage faculties for residents and commercial development in the City. The property is fully serviced by sanitary sewer facilities and will be able to be accommodated with the additional square footage. Goal 43.1 Provide access to solid waste management and disposal facilities for the City of Palm Beach Gardens through the planning period of Year 2015. The site will be serviced by waste management and the applicant has provided the necessary disposal facilities on site. Goal 4.B.2 Develop and implement a hazardous material management plan for the City This goal is not applicable to this site or the requested modifications. Goal 4.C.1 • Provide adequate city-wide drainage and stormwater management for all property in the City. FAProject Documents \07 -0505 Ballenlsles Country Club Parcel 28\Correspondence Out \ApplicNarrative7- 23- 2007.doc Ballenisles Parcel 28 Site Plan Amendment Application Narrative Page 6 of 8 • A drainage /stormwater management I a n has been develo p ed and a drainage statement furnished with this request. Goal 4.D.1 The provision of a safe, healthy and dependable potable water supply to all residents and businesses in the City. Not applicable, the property is already connected to Seacoast Utility Authority, Goal 4.D.2 The conservation and protection of public drinking water supplies. The applicant will conserve and protect the public drinking water by implementing best management efforts throughout the development process. Goal 4.E.1 Increase groundwater recharge where practicable. No impact to groundwater shall occur with the requested modifications. • Coastal Management Goal 5.1 Ensure social, economic, and environmental resources of the Palm Beach Gardens coastal area are maintained and enhanced through the regulation of development activities that would damage or destroy such resources, or threaten human life and cause unnecessary public expenditures in areas subject to destruction by natural disasters. • This element is not applicable because the project location is not within a coastal area. Conservation Goal 6.1 The natural resource of the City of Palm Beach Gardens shall be preserved or managed in a manner which maximizes their protection, functions, and values. This element is not applicable as this is an existing developed property. The applicant is proposing to add significant amounts of native vegetation to the site by following the Cl" landscape code. Recreational and Open Space Goal 7.1 Adequate recreation and open space facilities and areas offering a broad range of activities, convenient access, appropriate improvements, and sound management shall be provided to all F. \Project Documents\07 -0505 Ballenisles Country Club Parcel 28 \Correspondence Out\ApplicNarrative7- 23- 2007 .doc Ballenlsles Parcel 28 Site Plan Amendment Application Narrative Page 7 of 8 • citizens of Palm Beach Gardens with active and passive recreation opportunities in the interest of personal health, entertainment, and constructive use of leisure time. This element is not applicable due to the site being privately owned and utilized by way of membership access. All remaining outside memberships (100 total) shall not be renewed and the club will become fully private as of October 31, 2007. Intergovernmental Coordination Goal 8.1 Establish effective coordination measures among all pertinent public and quasi - public entities so to best maintain Palm Beach Gardens' quality of life and efficient use of resources. The applicant will need to request project review by Palm Beach County, Seacoast Utility Authority and other pertinent public and quasi public entities to assist the City's approval. Capital Improvements Goal 9.1 Palm Beach Gardens shall use sound fiscal policies to provide adequate public facilities to all residents within its jurisdiction. Fiscal policies must protect investments in exiting facilities, maximize the use of existing facilities, and promote orderly, compact development. • The applicant will pay impact fees based on the proposed use and size of the project. These fees will be put towards public facilities for the residents of the City. Public Safety Goal 10.1 Continue to provide adequate facilities to ensure the provision of an effective public safety program. The applicant plans to abide by all public safety requirements issued by the City, including CPTED and Fire Services requirements. Public School Facilities Element Goal 11.1 It is a goal of the City of Palm Beach Gardens to assist in providing for future availability of public school facilities consistent with the adopted level of service standards. This goal shall be accomplished recognizing the constitutional obligation of the school district to provide a uniform system of free public schools on a countywide basis. This element is not applicable because the project is a recreational pod within a PCD. • Economic Development F' \Project Documents \07 -0505 Ballenlsles Country Club Parcel 28\Correspondence OutlA+pplicNarrahve7 -23- 2007. doc Ballenlsles Parcel 28 Site Plan Amendment Application Narrative Page 8 of 8 • Goal 13.1 The economic goal of the City of Palm Beach Gardens is to achieve a balanced and diversified economy which is compatible with the City's quality built environment and protects important natural resources. • 40 This element is not applicable because the project is a recreational pod within a PCD. Conclusion The Applicant has provided all necessary drawings, reports and ancillary documentation for the purpose of obtaining approval of a Site Plan Amendment within a PCD request. The project team has worked diligently to incorporate high quality upgrades to the existing buildings and associated landscaping and hardscaping. The improvements have been initiated to improve the amenities and services within the PCD for the private members of the Club. A result of these improvements will be a reduction in external trips coming to the Club due to the abolition of public memberships. Another result will be less trips from Ballenlsles to other developments with the improvements to the services already offered on -site. The Applicant is anxious to work closely with Growth Management Staff to ensure the request can be processed as expeditiously as possible and is available should Staff require additional information from any of the design consultants. F \Project Documents \07 -0505 Ballenlsles Country Club Parcel 28 \Correspondence OutlApplicNarrative7- 23- 2007.doc Page 1 of I Richard Marrero • From: Brad Sent: Wednesday, July 25, 2007 10:44 AM To: Richard Marrero Subject: FW: Ballenlsles Refreshment Stand relocation Attachments: 07013`CE02- 03_PLAN CO2 (1).pdf Uuid v t/ ae � Planning Manager Growth Management Dept. 10500 N. Military Trail Pahn Beach Gardens, FL 33410 Phone: (561) 799 -4235 _ From: Rebecca Williams [mailto:rwilliams @cotleur- hearing.com] Sent: Wednesday, July 25, 2007 10:37 AM To: Brad Wiseman; bgregg @sua.com Cc: bcheguis @cotleur- hearing.com Subject: BallenIsles Refreshment Stand relocation •Please find attached a PDF of page 2 of the engineering plans, showing the relocated refreshment stand. After my meeting with Bruce on Monday, we noticed that the refreshment stand was not the required 15' from the easement and the engineering plans did not reflect the site plan relocation. Please review the PDF and understand that the change has been made on the engineering plans as well as the site and landscape plans. Thank you in advance. • Rebecca Williams Cotleur & Hearing, Inc. 1934 Commerce Lane, Suite 1 Jupiter, FL 33458 561 - 747 -6336 ext. 113 Visit Our New Website! www.cotleurhearing.com 7/25/2007 • • • PLOT DATE: Jul 25. 2007 TIME: 10:01am BY: jhand DRAWING: Y: \2007 \07 -013 BallenIsles Sports Comp7ex \dw9\07013_CE02- 03_PLAN.dwg LAYOUT: CO2 Ir 00 00 - O r / / / / / / / / /m / / x ;\ \ \e \\ Dx N S 05'37 42.83 7M7 o I h `Y -2 1 �p 1 L- " I I 1 i•� :�� :� :.� :1 � N - • �•ie o I x'11 \R ! s ■ ,`\`' I a�`� • \� \ \t\ \ \ \�`7��\ \ \ \� �\ • • MN §Z.4 I IRIF IN 1 r L- " I I 1 i•� :�� :� :.� :1 � N - • �•ie W / 777' _- Y ••�• If r 1 _ �\ II II'•IILL ♦ N �,m I♦� r- x'11 \R ! s ■ ,`\`' I a�`� • \� \ \t\ \ \ \�`7��\ \ \ \� �\ • • MN §Z.4 I IRIF IN 1 tiH 2 _ m s $ r ` ` o • r i 1 I 1 i•� :�� :� :.� :1 � N - • �•ie Y ••�• �\ II II'•IILL ♦ N �,m I♦� \ ` \- Z' a tiH 2 _ m s $ r ` ` o • r • - • • ti.JJ� 1 i•� :�� :� :.� :1 • �•ie s ER T A "Al s VII w 3 0 I k�^j' / / / )r / • t • c • • 1 K • � .tt, � IL � - 777144 • r ; - QIAL WE R dw Iy _ �� •t `phi _ i - / �Ct -*�== � ?' — '� �,:' •74096, r r as i mw � t; sue. rt t Ballen /s /es Country Club a o_ Palm Beach Gardens, Florida d R �• � Oro "t 0 0 0 r.4•.� �. t e'►eee� �eeri�e"e� l IOVP iA ee♦ '� r x'11! �-i►♦ ww- � � J � �eee airr`�" "A� .� �. �ee.►' w� , . �ws`�'i1� i► � ,!� '`t � �� ' t 1eM i�� ►111 OL �.. � '\ �•� `iii � �, it t � � \ \ \ 1 1 \ �V F I ' 1 1 1a \ 1 w t � ;Q �A i i i i i • sdi Sallen /s /es Country Club a Palm Beach Gardens, Florida d m n �• i�� 0 0 0 z � �T f r ' WA 1 { � i i a &*s. 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If I - xs�— 1 Tj � _ I �; II ' 'I`I __' __ —`—_— _ -� —I III 1. _ _ _ -_ _ j T I I 4 It 4- ®- _ ..- 1 I I I f r II II I 41— 1 I - -7, t: PLANTER BOX +j _70'. ct n1lifili, II Zz It'd fI O c 5 I fII �72�tw c$ n d v_ �'_'pD, �s �.� o 50 > Z • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum • • Date Prepared: July 10, 2007 Meeting Date: August 14, 2007 Petition No: MISC- 07 -06- 000034 Subject /Agenda Item: Petition MISC- 07 -06- 000034 - Gardens Station West - Signage Waiver Recommendation to City Council: A request by Cotleur & Hearing, Inc., agent, on behalf of PGA Development Associates, Inc., for approval of an amendment to the approved Master Signage Program for the Gardens Station PUD to permit a third monument sign, to add two lines of copy to the sign design, and for a waiver to allow a third (3) monument sign which is to be located at the RCA Boulevard entrance to the site. The project is located at 11025 RCA Center Drive. [ X ] Recommendation to APPROVE ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, & Growth Management: N/A Appeals Board Action: City Attorney: Project Allan Owens Manager: Administrator [ ] Recommend Appvl. Todd Miller, AICP [ ] Rec. Approval with/ Christine P. Tatum, Esq. Principal Planner Building Accountant: conditions Development Compliance: [ ] Recommend Denial Ketty Labossiere [ ] Continued to: N/A [ X ] Quasi - Judicial Fees Paid: [ X ] Yes Bahareh K. Wolfs, AICP [ ] Legislative [ ] Public Hearing Growth Management Funding Source: Advertised: No Attachments: Ad inist tor: A - Applicant's Request Date: w /Sign Details & Site Plan Paper: [ X ] Not Required [ ] Operating [XI Other NA B —Resolution 153,2005 & Resolution 38, 2007 Kara Irwin, AICP Public Notice: Approved By: [ ] Yes Budget Acct. #: City Manager: [ X ] Not required NA Ronald M. Ferris Date Prepared: July 10, 2007 Meeting Date: August 14, 2007 Petition No: MISC- 07 -06- 000034 • EXECUTIVE SUMMARY The subject petition is a request to amend the Master Signage Program for the Gardens Station PUD to permit a third monument sign and to add two lines of copy to the sign design, and requesting an additional waiver from Section 78 -285 of the Land Development Regulations to allow a third monument sign. The applicant proposes to place the third monument sign on RCA Boulevard, west of the Gardens Station West building. The proposed monument sign has a copy area of 14 square feet, and will have sign copy that says "Gardens Station ", "Anchor Commercial Bank ", and a third tenant name. The proposed monument sign is of the same size as the two approved monument signs. Section 78 -285 of the City's LDRs allows one monument sign for property with at least 300 feet of road right -of -way frontage. Properties may have an additional monument sign for each additional 700 feet of road right -of -way. However, the subject property has 906.68 linear feet of road right -of -way frontage. This includes frontage for both the Gardens Station West and Gardens Station East portions of the PUD. Approval of the waiver would permit two monument signs for the Gardens Station West portion of the PUD alone. BACKGROUND •On October 20, 2005, the City Council adopted Resolution 153, 2005, which approved a Master Signage Program for the Gardens Station Planned Unit Development (PUD). Two years later, the City Council adopted Resolution 38, 2007, which approved an amendment to the Master Signage Program to permit an additional principal tenant sign on the west elevation of the Gardens Station West building, and to permit the replacement of the name "Gardens Station West" on the east elevation of the west building with the name of the principal tenant, "Anchor Commercial Bank ". LAND USE AND ZONING The subject site is located between RCA Center Drive and RCA Boulevard. The site has a future land -use designation of Mixed Use (MXD). The zoning district classification is Mixed Use Planned Unit Development (MXD /PUD). SIGNAGE REQUEST PGA Development Associates, Inc., the applicant, is seeking approval of an amendment to the Master Signage Program to permit a third monument sign and to permit two additional lines of copy on the sign, as well as a waiver from Section 78 -285 to allow a third monument sign within the Gardens Station PUD. The proposed sign is to be located at the entrance into the PUD from RCA Boulevard. The copy for the sign will read "GARDENS STATION ", "Anchor Commercial Bank ", and one other tenant name. The monument sign • will have a copy area of 14 square feet. Currently, there are two approved monument signs for the PUD. One sign is located on 2 • • Date Prepared: July 10, 2007 Meeting Date: August 14, 2007 Petition No: MISC- 07 -06- 000034 the east side of RCA Center Drive for the Gardens Station East portion of the PUD. The other monument sign is located on the west side of RCA Center Drive for the Gardens Station West portion of the PUD. Both of the two approved monument signs are of the same dimensions as the proposed monument sign, but do not have tenant signage. Waivers Requested The applicant is requesting the following waiver for the additional monument sign proposed along RCA Boulevard: (1) Staff Analysis: Section 78 -285 of the City's Land Development Regulations (LDR) permits one ground sign for properties with at least 300 feet of road right -of -way frontage. Properties are permitted one additional ground sign for every additional 700 linear feet of road right - of -way. The intent of this provision of the City's LDR is to prevent a proliferation of ground signs along any right -of -way, thereby minimizing visual clutter along the streetscape. However, the subject property has two road right -of -way frontages. Furthermore, the proposed sign is to be located along RCA Boulevard, on which the subject property does not currently have any ground signage. In addition, the buildings on the subject property are located approximately 440 feet away from the RCA Boulevard right -of -way. As a result, the subject property has only limited visibility from RCA Boulevard, and the additional ground sign will provide for a means of identifying the property and for patrons to find their way to the premises. STAFF RECOMMENDATION For the reasons stated above, staff recommends APPROVAL of Petition MISC- 07 -06- 000034. G: \tmiller \Case Files \Miscellaneous Petitions \Gardens Station - Monument Signs \Staff report PZAB.doc 3 Staff pity' Code J :A ,pprove d Ma ster Waiver Recommendation Prograrri Requested /Master Sign program Amendment Section 78 -285, 1 sign for parcels with 2 monument signs for 1 additional Monument Approval (1) Table 24: at least 300 linear feet a parcel with 906 linear Sign (for a total of 3) Permanent of R.O.W. feet of ROW Signs: 1 sign for each additional Ground Sign 700 linear feet of ROW (1) Staff Analysis: Section 78 -285 of the City's Land Development Regulations (LDR) permits one ground sign for properties with at least 300 feet of road right -of -way frontage. Properties are permitted one additional ground sign for every additional 700 linear feet of road right - of -way. The intent of this provision of the City's LDR is to prevent a proliferation of ground signs along any right -of -way, thereby minimizing visual clutter along the streetscape. However, the subject property has two road right -of -way frontages. Furthermore, the proposed sign is to be located along RCA Boulevard, on which the subject property does not currently have any ground signage. In addition, the buildings on the subject property are located approximately 440 feet away from the RCA Boulevard right -of -way. As a result, the subject property has only limited visibility from RCA Boulevard, and the additional ground sign will provide for a means of identifying the property and for patrons to find their way to the premises. STAFF RECOMMENDATION For the reasons stated above, staff recommends APPROVAL of Petition MISC- 07 -06- 000034. G: \tmiller \Case Files \Miscellaneous Petitions \Gardens Station - Monument Signs \Staff report PZAB.doc 3 C o r l e u r& ATTACHMENT A HearingLandscape Architects I Land Planners I Environmental Consultants • 1934 Commerce Lane • Suite 1 • Jupiter, Florida - 33458 • Ph 561.747.6336 • Fax 561.747.1377 • Lic. #LC- C000239 June 19, 2007 Garden Station Master Signage Plan Miscellaneous Petition Introduction PGA Development Associates, Inc is seeking approval for a Miscellaneous Petition request for the Garden Station Master Signage Program. The applicant is requesting a modification to the plan, first approved by City Council on October 20`', 2005 by way of Resolution 153 -2005 and then amended by City Council most recently on April 24, 2007 by way of Resolution 38 -2007 for a modification. The modification included a revision to a Condition of Approval as well as an additional sign for the site. The applicant is currently requesting a modification to the approved Master Signage Program to permit a third monument sign provoked by the three street frontages that the subject site comprises. The Applicant is requesting this item be expedited through the process for final consideration by Staff, the Planning, Zoning and Appeals Board, and City Commission. 1110 Specific Requests and Fees Miscellaneous Petition (Base Fee) $1,500.00 Total Fees $1.500.00 CIS OF PAL11y'l BCH GDNS Modification to the Approved Plan The proposed changes to the approved signage plan include the following: JUN 2607 PONING & ZONING DIV 1. Request for a third monument sign for the entrance located off of RCA Drive 2. Modify sign copy to read "Gardens Station ", "Anchor Commercial Bank ", and future tenant name. 3. Add a waiver to the PUD to permit a third monument sign with less then the required linear frontage �.J U Garden Station Master Signage Program Miscellaneous Petition June 19, 2007 Page 2 of 3 Justification The applicant is requesting an amendment to the Master Signage Program for the addition of a third monument sign. The purpose of this sign is to notify potential patrons driving on RCA Boulevard that Garden Station can be accessed from the RCA entrance. Currently, there are two monument signs approved and installed on the site. One sign is located on the east side of RCA Center Drive and the other is located on the west side of RCA Center Drive. Although there are three entrances to the site, only two have monument signs to identify them. The RCA drive entrance has no signage posted to identify itself with Garden Station or Anchor Commercial Bank, the anchor tenant. There is no visibility of the existing two monuments signs from the RCA entrance. This justifies the need for the third monument sign. The applicant would like to note that the proposed sign has consistently been on the City's approved site plan for Garden Station. This amendment will update the Master Signage Program to be consistent with the approved site plan on file with the City. The applicant would also like to take this opportunity to modify the name to appear on the monument sign to include "Gardens Station ", "Anchor Commercial Bank ", the anchor tenant for Garden Station, and a third line of copy for a future tenant. The applicant feels that the two existing monument signs address the name of the center; therefore the proposed sign should identify the development, and acknowledge the bank and other tenant within the building. • The applicant must request a waiver for this third sign because the total linear frontage of the site required for three monument signs does not meet the requirement of the code. The site has a total of 957 feet of linear frontage and the code requires 1,700 feet for three monument signs. The applicant would like to point out that the code does not address sites with three separate frontages, like Garden Station. • Project Team DEVELOPER PGA Development Associates, Inc. Attn: Jim Griffin 3950 RCA Boulevard, Suite 5000 Palm Beach Gardens, Florida 33410 P: 561- 627 -7551 F: 561 - 625 -9230 AGENT / PLANNER / LANDSCAPE ARCHITECT Cotleur & Hearing, Inc. Attn: Don Hearing / Alessandria Kalfin 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 P: 561- 747 -6336 ext. 128 F: 561- 747 -1377 FAProject Documents \03 -0428 Gardens Station West \2007_06_MISC. PETITION \030428_MP2_NARRATIVE.doc Garden Station Master Signage Program Miscellaneous Petition June 19, 2007 Page 3 of 3 • Conclusion • • The requested modification to the approved Master Signage Plan is consistent with the City Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed changes are consistent with the surrounding uses both interior and exterior to the site. No overall increase in square footage or entitlements will occur as a result of the signage changes associated with this development. Development of the site as proposed by this application will maintain consistent with the desired development of this parcel by the City of Palm Beach Gardens. The Applicant is looking forward to working closely with Staff throughout the review process for this Miscellaneous Petition for the Garden Station Development. FAProject Documents \03 -0428 Gardens Station West \2007_06_MISC. PETITION \030428_MP2_NARRATIVE.doc O v e a RCA Or : I o' I I : I , I I I i I I I ■ r .. s r n 0 0 R I . b i I D : An 0 0 o �i I I I I N a o 1, Z m I� I ° Gardens Station West w N T i n = n r O CD 0 ° Free Standing Signage Locations m� Y • • • .-+ � z CD 0M(DM0 mo � m 3 M cD CD 0"C/) 0C�� 0 =no S �--� -0 0 —� m o m =(c 0 o- Q x v v 0 n~ CD 3 w CD —. CD cn Co m ,-+ CD N 0- r co cn C: ' ♦ ° *� ►f+ pro ldzal v •--� 0 �'* ►,,t . +gam .may +�►►�¢ CD x O 4+1$ tai L4 ih O ,bzv O CD 0 ',�, ► -- fir +'E CD (D —h Z �z�• +P ti � � — -� -r a� 3 d► JD' — � . V4 4.. ai CD • ' O � .off. o pa�►t O JIM �►�►� O 0 � A C/) � x'31'1 � �'� � ,�-►- AA p.tr +y N) JAW �. . r-4 �.. a* td Vti • -Ak a ON- el • 4 ., _ Z l J Nei �s' Gardens Stationa�� CD s Monument Sign d �' a !ii N - ATTACHMENT B Date Prepared: September 20, 2005 • 1 RESOLUTION 153, 2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MASTER SIGN 6 PROGRAM FOR THE GARDENS STATION PLANNED UNIT 7 DEVELOPMENT (PUD), GENERALLY BOUNDED BY THE RCA 8 CENTER PUD TO THE NORTH, LOEHMANN'S PLAZA TO THE 9 WEST, THE HILDA FLACK INTERIORS AND HAMPTON INN 10 PROPERTIES TO THE SOUTH, AND THE FEC RAILWAY TO THE 11 EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; 12 PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF 13 APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 16, 2004, the City Council adopted Ordinance 43, 2004 and Resolution 217, 2004 providing for a rezoning and master plan approval for the Gardens Station Planned Unit Development (PUD), respectively, allowing for the development of a mixed -use project consisting of two (2) buildings containing 15,075 square feet of general commercial use, 17,550 square feet of medical office use, 47,200 square feet of professional office use, and 2,500 square feet of financial use; and i4)i►i k3 WHEREAS, the City has received a request by Kimberly Thaler of Cotleur & 4 Hearing, on behalf of PGA Development Associates, Inc., for approval of a Master 25 Signage Program for the 7.6 -acre Gardens Station Planned Unit Development (PUD), 26 generally bounded by the RCA Center PUD to the north, Loehmann's Plaza to the west, 27 the Hilda Flack Interiors and Hampton Inn properties to the south, and the FEC Railway 28 to the east, as more particularly described herein; and 29 30 WHEREAS, the subject site has a Mixed -Use Planned Unit Development 31 (MXD /PUD) Overlay zoning designation with a Mixed -Use (MXD) underlying zoning 32 designation and future land -use designation; and 33 34 WHEREAS, the Growth Management Department has reviewed said application, 35 has determined that as conditioned it is sufficient and is consistent with the City's Land 36 Development Regulations and the City's Comprehensive Plan, and has recommended 37 approval thereof; and 38 39 WHEREAS, the City Council has considered the evidence and testimony 40 presented by the Petitioner and other interested parties and the recommendations of 41 the various City of Palm Beach Gardens review agencies and staff; and 42. 43 WHEREAS, on July 12, 2005, the Planning, Zoning, and Appeals Board 44 reviewed the subject application and recommended its approval with a vote of 7 -0, as 45 recommended by staff; and 46 • Date Prepared: September 20, 2005 Resolution 153, 2005 • 1 WHEREAS, the City Council has determined that adoption of this Resolution is in 2 the best interest of the citizens and residents of the City of Palm Beach Gardens. 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6 OF PALM BEACH GARDENS, FLORIDA that: 7 8 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 9 10 SECTION 2. The request by Kimberly Thaler of Cotleur and Hearing on behalf of 11 PGA Development Associates, Inc., for approval of a Master Signage Program for the 12 Gardens Station Planned Unit Development (PUD) is hereby APPROVED on the 13 following described real property, subject to the conditions of approval provided herein, 14 which are in addition to the general requirements otherwise provided by resolution: 15 16 LEGAL DESCRIPTION: 17 18 TRACT A 19 20 BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 21 43 EAST, PALM BEACH COUNTY, FLORIDA; DESCRIBED AS FOLLOWS: 22 BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS 3 RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM 4 BEACH COUNTY, FLORIDA; THENCE 88 008'18" WEST, ALONG THE NORTH LINE 25 OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET; THENCE NORTH 26 01 050'34" EAST, A DISTANCE OF 356.19 FEET; THENCE SOUTH 88 008'18" EAST, A 27 DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C. 28 RAILROAD RIGHT -OF -WAY; THENCE SOUTH 13 136'46" EAST, ALONG SAID WEST 29 LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING. 30 31 CONTAINING 162,799 SQUARE FEET OR 3.737 ACRES, MORE OR LESS. 32 33 TRACT B 34 35 BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 36 43 EAST, AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM 37 BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS 38 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA 39 PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE 40 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88 °08'18" W, 41 ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30 42 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF 43 THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES: 44 1. N 88 008'18" W, A DISTANCE OF 308.47 FEET; 2. N 88 010'56" W, A DISTANCE OF 45 217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N 46 10 013'44" W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S 0 2 Date Prepared: September 20, 2005 Resolution 153, 2005 • 1 88 008'18" E, A DISTANCE OF 178.00 FEET; THENCE N 0 050'34" E. A DISTANCE OF 2 166.36 FEET; THENCE S 88 °08'18" E, A DISTANCE OF 388.29 FEET; THENCE S 3 0 050'34" W, A DISTANCE OF 356.19 FEET TO THE POINT OF BEGINNING. 4 5 CONTAINING 168,57.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS. 6 7 SECTION 3. Said Master Signage Program is approved subject to the following 8 conditions, which shall be the responsibility of the applicant, its successors, or assigns: 9 10 East Buildinq: 11 12 1. Signage containing two (2) lines of copy shall be limited to a letter height of 13 six (6) inches per line. Signage containing a single line of copy shall be 14 limited to a letter height of eight (8) inches. (Planning & Zoning) 15 16 2. Each tenant sign shall be directly affixed to the elevation of the tenant 17 space. (Planning & Zoning) 18 19 3. Only one (1) sign per tenant for ground floor tenants shall be permitted. 20 Second floor tenants shall not be permitted to have signage. (Planning & 21 Zoning) 22 a3 4. Wall signs shall not exceed more than 70% of the immediate vertical and 4 horizontal surface area to which they are affixed. (Planning & Zoning) 25 26 5. The wall signs depicted on the elevations are indicative only of possible 27 locations for wall signs. The number of signs shall be determined by the 28 number and location of tenants. (Planning & Zoning) 29 30 6. No signage shall be located on the second story. (Planning & Zoning) 31 32 West Building: 33 34 7. The height of the letters of the building identification sign on the east 35 elevation of the West Building shall not exceed twenty -four (24) inches. 36 Said building identification sign shall contain only the building identification: 37 "Gardens Station West ". (Planning & Zoning) 38 39 8. Tenant signage on the west elevation containing two (2) lines of copy shall 40 be limited to a letter height not to exceed twelve (12) inches per line. 41 Tenant signage on the west elevation containing a single line of copy shall 42 be limited to a letter height not to exceed twenty (20) inches. (Planning & 43 Zoning) 44 45 9. The height of the wall signs shall not exceed 50% of height of the area to 46 which they are affixed. (Planning & Zoning) • 3 Date Prepared: September 20, 2005 Resolution 153, 2005 • 1 Overall: 2 3 10. Each building, tenant, and numerical address sign shall be bronze in color 4 and consist of individually mounted channel letters. (Planning & Zoning). 5 6 11. All signage shall be mounted flush with the wall; no raceways are permitted. 7 (Planning & Zoning) 8 9 12. All signage shall be constructed in the "Times New Roman" font. (Planning 10 & Zoning) 11 12 13. All wall signage shall not exceed two (2) lines of copy. (Planning & Zoning) 13 14 14. By (thirty (30) days from the effective date of this Resolution), the 15 Applicant shall submit a revised Master Signage Program that includes a 16 sheet restating all of the conditions of approval listed herein. (Planning & 17 Zoning) 18 19 SECTION 4. The signage within the Gardens Station PUD shall be constructed 20 in compliance with the following plans on file with the City's Growth Management 21 Department: 22 3 1. Master Signage Program, prepared by Baron Sign Manufacturing, 11 sheets 4 total (excluding cover), received and stamped by the City on September 20, 25 2005. 26 27 SECTION 5. Said approval shall be consistent with all representations made by 28 the Applicant or Applicant's agents at any workshop or public hearing. 29 30 SECTION 6. This Resolution shall become effective immediately upon adoption. 31 32 33 34 35 (The remainder of this page left intentionally blank) 36 37 38 39 40 41 42 43 44 45 •46 4 101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 *3 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 &7 Date Prepared: September 20, 2005 Resolution 153, 2005 PASSED AND ADOPTED this d0l"� day of oc-i-b6a , 2005. CITY OF PALM BE ATTEST: BY: Patricia Snider, CMC, Cit lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FLORIDA Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO ,/ VICE MAYOR JABLIN I/ COUNCILMEMBER LEVY ,✓ COUNCILMEMBERVALECHE ✓ COUNCILMEMBERBARNETT ✓ G:\attorney _share \RESOLUTIONS\gardens station - master sign program - reso 153 2005.doc �1 Date Prepared: April 20, 2007 • 1 RESOLUTION 38, 2007 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, AMENDING THE MASTER 6 SIGNAGE PROGRAM FOR THE GARDENS STATION PLANNED 7 UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED BY THE 8 RCA CENTER PUD TO THE NORTH, LOEHMANN'S PLAZA TO 9 THE WEST, THE HILDA FLACK INTERIORS AND HAMPTON INN 10 PROPERTIES TO THE SOUTH, AND THE FEC TRACKS TO THE 11 EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; 12 PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; 13 AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on December 16, 2004, the City Council adopted Ordinance 43, 17 2004 and Resolution 217, 2004 providing for a rezoning and master plan approval for 18 the Gardens Station Planned Unit Development (PUD), respectively, allowing for the 19 development of a mixed -use project consisting of two (2) buildings containing 15,075 20 square feet of general commercial use, 17,550 square feet of medical office use, 47,200 21 square feet of professional office use, and 2,500 square feet of financial use; and 22 3 WHEREAS, on October 20, 2005, the City Council adopted Resolution 153, 2005 4 approving a Master Signage Program for the 7.6 -acre Gardens Station Planned Unit 25 Development (PUD), generally bounded by the RCA Center PUD to the north, 26 Loehmann's Plaza to the west, the Hilda Flack Interiors and Hampton Inn properties to 27 the south, and the FEC Railway to the east, as more particularly described herein; and 28 29 WHEREAS, the City has received a request by Alessandra Kalfin of Cotleur & 30 Hearing, on behalf of PGA Development Associates, Inc., for an amendment to the 31 approved Master Signage Program for the Gardens Station PUD; and 32 33 WHEREAS, the subject property has a Mixed -Use Planned Unit Development 34 (MXD /PUD) Overlay zoning designation with a Mixed -Use (MXD) underlying zoning 35 designation and future land use designation; and 36 37 WHEREAS, the Growth Management Department has reviewed said application, 38 has determined that as conditioned it is sufficient and is consistent with the City's Land 39 Development Regulations and the City's Comprehensive Plan, and has recommended 40 approval thereof; 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 the 44 various City of Palm Beach Gardens review agencies and staff; and 45 0 46 Date Prepared: April 20, 2007 Resolution 38, 2007 • 1 WHEREAS, on April 24, 2007, the Planning, Zoning, and Appeals Board 2 reviewed the subject application and recommended its approval with a vote of 7 to 0, as 3 recommended by staff; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The request by Alessandra Kalfin of Cotleur and Hearing, on behalf 15 of PGA Development Associates, Inc., for an amendment to the approved Master 16 Signage Program for the Gardens Station Planned Unit Development (PUD) is hereby 17 APPROVED on the following described real property, subject to the conditions of 18 approval provided herein, which are in addition to the general requirements otherwise 19 provided by resolution: 20 21 LEGAL DESCRIPTION 22 03 LAND DESCRIPTION: GARDENS STATION TRACT A AND TRACT B 24 25 ALL PARCELS INCLUDED WITHIN GARDENS STATION ACCORDING TO THE 26 PLAT THEREOF AS RECORDED IN PLAT BOOK 105 PAGES 21 THROUGH 22 OF 27 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 28 29 SAID LANDS SITUATED LYING AND BEING IN THE CITY OF PALM BEACH 30 GARDENS, PALM BEACH COUNTY, FLORIDA. CONTAINING 331,059 SQUARE 31 FEET (7.60007 ACRES), MORE OR LESS. 32 33 TRACT A 34 35 BEING—A—PARCE"F— LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RAIsW=1E 36 43 EAST PALM BEACH COUNTY, FLORIDA; DESCRIBED AS FOLLOWS 37 BEGINNING AT T. E NORTHE CORNER OF THE PLAT OF RCA PARK, AS 38 RECORDED IN PLAT BOOK 83, PAGE 63 OF- THE PUBLIC; RECORDS OF PAW 39 BEACH COUNTY, FLORIDA; THENCE 88'08'18" EST�Ohl(—', THFE NIORTH—L4NE 41 01050',34" EAST, A DISTANCE OF 356.19 FEET; THENG OUTH 88108'18" EAST,—A DISTANCE OF . . POINT IN T_ . OF 44 L4NE—A4XSTANCE OF • • FEET TO THE POINT OF BEGINNING. 0 46 CONTAtNtNG 162,799 1-1,11,1RE FEET OR 3.7-a7—ACPE—&,—MORE—OPt—ES&. 2 Date Prepared: April 20, 2007 Resolution 38, 2007 01 TRACT -B 2 3 B€4 , RANGEi 4 43 EAST ANO SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM 5 BEACH COUNTY, FLORIDA AND BEING MGRF= PARTICULARLY DEiSCRIBED AS 6 7 PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 GF THE 8 ° 9 ALONG T14E NORTH LINE OF SAID PLAT OF RGA PARK, A DISTANCE OF 596.30 10 FEET TO THFm POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF 11 . 12 88098'18" W A DISTANCE OF 308.47 FEET 2. N 88010'56" W A DISTANCE OF 13 217.18 FEET TO A POINT I"�,-: -THE EAST LINE OF RGA -BOULEVARD,! THENCE N 14 10013' 4" VVi ALONG SAID EAST LINE A DISTANCE OF 194 30 CC�'�LICNCE S -,v-, -err � -�c-vr SAID 'c-�r�v v-rc THENCE ' 15 88- 008'18A- DISTANCE OF 178.09 FEET THENG€-N 0059'34" E A DSTANGE OF 16 166 36 CELT• THENG€- 89108'18" .29 FEE�i4 CE S -rvcT v-r-�Z r -,—rT� , 17 356.1940 THE POINT OF BEGINNING-. 18 19 GONTAI ING 168,57,225 SQUARE FEET 0 63 ACRES, MORE OR LESS. 20 21 SECTION 3. Said Master Signage Program is hereby amended as indicated 22 below with strikeouts and underlines, and subject to the following conditions, which shall 03 be the responsibility of the Applicant, its successors, or assigns: 4 25 East Building: 26 27 1. Signage containing two (2) lines of copy shall be limited to a letter height of 28 six (6) inches per line. Signage containing a single line of copy shall be 29 limited to a letter height of eight (8) inches. (Planning & Zoning) 30 31 2. Each tenant sign shall be directly affixed to the elevation of the tenant 32 space. (Planning & Zoning) 33 34 3. Only one (1) sign per tenant for ground floor tenants shall be permitted. 35 Second floor tenants shall not be permitted to have signage. (Planning & 36 Zoning). 37 38 4. Wall signs shall not exceed more than 70% of the immediate vertical and 39 horizontal surface area to which they are affixed. (Planning & Zoning) 40 41 5. The wall signs depicted on the elevations are indicative only of possible 42 locations for wall signs. The number of signs shall be determined by the 43 number and location of tenants. (Planning & Zoning) 44 45 6. No signage shall be located on the second story. (Planning & Zoning) •46 3 Date Prepared: April 20, 2007 Resolution 38, 2007 01 West Building: 2 3 7. The height of the letters of the building identification sign on the east 4 elevation of the West Building shall not exceed twenty -four (24) inches. 5 Said building identification sign shall contain only the Principal Tenant 6 name. (Planning & Zoning) budding identifiGatien: "Gardens StatiOR W86V 7 8 8. Tenant signage on the west elevation containing two (2) lines of copy shall 9 be limited to a letter height not to exceed twelve (12) inches per line. 10 Tenant signage on the west elevation containing a single line of copy shall 11 be limited to a letter height not to exceed twenty (20) inches. (Planning & 12 Zoning) 13 14 9. The height of the wall signs shall not exceed 50% of the height of the area 15 to which they are affixed. (Planning & Zoning) 16 17 Overall: 18 19 10. Each building, tenant, and numerical address sign shall be bronze in color 20 and consist of individually mounted channel letters. (Planning & Zoning). 21 22 11. All signage shall be mounted flush with the wall; no raceways are permitted. K3 (Planning & Zoning) 4 25 12. All signage shall be constructed in the "Times New Roman" font. (Planning 26 & Zoning) 27 28 13. All wall signage shall not exceed two (2) lines of copy. (Planning & Zoning) 29 30 14. By (thirty (30) days from the effective date of this Resolution), the 31 Applicant shall submit a revised Master Signage Program that includes a 32 sheet restating all of the conditions of approval listed herein and consistent 33 with Attachment 3. (Planning & Zoning) 34 35 SECTION 4. The signage within the Gardens Station PUD shall be constructed 36 in compliance with the following plans on file with the City's Growth Management 37 Department: 38 39 1. Master Signage Program, prepared by Baron Sign Manufacturing, 11 sheets 40 total (excluding cover), received and stamped by the City on September 20, 41 2005, as amended by Attachment 3. 42 43 SECTION 5. This approval shall be consistent with all representations made by 44 the Applicant or Applicant's agents at any workshop or public hearing. 45 46 SECTION 6. This Resolution shall become effective immediately upon adoption. 1! 01 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 26 29 30 31 32 33 34 35 36 37 36 39 40 41 42 43 44 45 06 7 Date Prepared: April 20, 2007 Resolution 38, 2007 PASSED AND ADOPTED this Y3 day of tjQq- , 2007. ATTEST: BY: X;;)�A Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine 15. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT CITY OF PALM BEACH G AYE NAY ABSENT G:\attorney_share \RESOLUTIONS \gardens station sign - reso 38 2007.doc 5 Russo, Mayor LORIDA 10U CITY OF PALM BEACH GARDENS PLANNING, ZONING & APPEALS BOARD • Agenda Cover Memorandum • • Date Prepared: August 7, 2007 Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 SUBJECT /AGENDA ITEM ADAP- 07 -08- 000001: Appeal of Administrative Determination — Zoning Confirmation for "Noche Restaurant" — Harbor Shops An appeal by Mr. F. Martin Perry, of Perry & Taylor, P.A., on behalf of Carmine and Sheila's, Inc., doing business as "Noche" of an administrative determination by the City's Planning and Zoning Division, wherein it was determined that the proposed primary use of a night club and lounge is not a use permitted within the PGA Boulevard Corridor Overlay (the "Overlay "). [X] Recommendation to DENY the Appeal of the Staffs Determination Reviewed by: Originating Dept.: FINANCE: N/A PZAB Action: Growth Management: [ ] Approved City Attorney Christine Tatum Project Costs: $ N/A [ ] App. w/ conditions Manage g Total [ ] Denied Finance N/A Richard J. Marrero [ ] Rec. approval Ketty Labossiere, Planner $ N/A [ ] Rec. app. w/ conds. Accountant Current FY [ ] Rec. Denial [ ] Quasi —Judicial Development ( ] Legislative [ ] Continued to: Compliance N/A [ ] Public Hearing Funding Source: Attachments: Bahareh Keshavarz - Wolfs, AICP Advertised: [ ]Required ( ]Operating • Applicant's Narrative pp [X] Not Required [X] Other NA dated May 24, 2007 Growth Manage • Floor Plan Administrator. Vil • Stipulation Agreement Kara L. Irwin, AICP dated February 5, 2007 Budget Acct.#: • Zoning Confirmation N/A Letter dated July 25, 2007 Approved B PP y: City Manager Affected Parties: • Appeal of Zoning [ ] Notified Confirmation Letter [X] Not Required dated August 2, 2007 • Ordinance 18, 2004: Ronald M. Ferris PGA Boulevard Corridor Use Regs. Date Prepared: August 7, 2007 Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 • SYNOPSIS OF APPEAL TO ADMINISTRATIVE DETERMINATION On July 25, 2007, the City's Planning and Zoning Division forwarded a letter (attached) to the applicant in response to a request for written confirmation from the City that the proposed primary use of a night club and lounge were permitted conditional uses within Harbor Shops (the "Property "). It is important to note that the Property lies within the boundaries of the PGA Boulevard Corridor Overlay (the `Overlay') and is subject to the regulations thereof. The letter prepared by the City states that the proposed primary use of night club and lounge is not a use included in the list of permitted uses within the Overlay. City Code Section 78- 221(d)(1)(a) states, ...some uses shall be prohibited within the Overlay which might be permitted in other zoning districts which are not subject to the Overlay." Furthermore, it is the City's policy that if a use is not listed under the list of permitted uses for a particular zoning district /overlay, said use is not permitted within said district/overlay. Therefore, it is staff's determination that a night club and lounge is not a use permitted within the Property. The applicant is, by way of the subject request, appealing the determination by the Planning and Zoning Division that night club, bar or lounge is a prohibited use within the Overlay because the underlying zoning district of General Commercial (CG -1) lists night club and lounge as a major conditional use. The applicant's justification letters are attached hereto for reference. HARBOR SHOPS — PERMITTED USES Harbor Shops PUD was granted site plan approval on June 5, 1984 and is currently zoned General •Commercial (CG -1) and has a future land use designation of Commercial. Harbor Shops was not approved with specific uses to the site like many of the City's newer developments, therefore, the uses that are permitted for the site are those uses specifically listed within the Overlay. CARMINE AND SHEILA'S INC. (D.B.A. NOCHE) On October 16, 2006, Carmine and Sheila's Inc., fled an occupational license application with the City requesting to change the name of their business at Harbor Shops (f.k.a. Carmine and Sheila's Steakhouse) to "Noche" restaurant (please see attached application). The Division of Alcoholic Beverages and Tobacco (the "AB &T ") regulates the licenses for all establishments that sell alcoholic beverages. "Noche" obtained a 4 -COP SRX (consumption -on- premises specific for restaurant) license which requires the business to derive 51 % of their annual gross sales to be derived from the sale of food. The applicant has stated that the proposed principle use of night club would be generating more than 50% of the gross revenue, therefore, the restaurant use would be the accessory use to the night club (please see attached letter). Carmine Giardini, President of Carmine and Sheila's Inc., signed a stipulation agreement with the City stating that he acknowledged that the City's zoning approval in no way authorizes the operation of a nightclub and lounge. Furthermore, he agreed to maintain 51 % of "Noche's" gross sales derived from the sale of food. The stipulation agreement is attached hereto for reference. ORDINANCE 18, 2004: PGA BOULEVARD CORRIDOR OVERLAY — PERMITTED, CONDITIONAL, & PROHIBITED USES •During the drafting of the above - referenced Ordinance 18, 2004, staff took into consideration (1) the language existing at that time in the LDR's relating to permitted, conditional, and prohibited uses within the Overlay; (2) past precedent set by the City Council for the same; and (3) Section 78- 2 Date Prepared: August 7, 2007 Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 .221(b) of the City's LDR's, entitled Purpose and Intent (of the PGA Boulevard Corridor Overlay). Said section in the LDR's contains language relative to the scope of uses that should exist within the Overlay such as: "The City seeks to encourage the development of specific commercial retail and office uses along PGA Boulevard because it is the City's `Main Street. "' "The planning and design guidelines are intended to .... regulate uses within the corridor which will create a specific character and aesthetic quality for the corridor. " "Use regulations. The use regulations in this division are intended to create an urban environment that displays the highest quality private and public- sector development. " Also considered by staff during the drafting of Ordinance 18, 2004 was whether each use would be appropriate within a highly visible building that fronts immediately upon PGA Boulevard such as, for example, the `La -Z -Boy' building in Parcel 27.05/.06 immediately east of the Gardens Mall. The uses of night club and lounge was not considered by staff to be included in the ordinance because staff did not feel that night club and lounge use promoted the "Main Street" character of PGA Boulevard. Taking into consideration all of the above, it was staff's opinion that a "night club and lounge" was not a use that was appropriate along PGA Boulevard. Therefore, staff intentionally excluded the use from the list of uses recommended by staff to the City Council to be •permitted within the Overlay during the preparation of Ordinance 18, 2004. The City Council supported staff's recommended list of permitted, conditional and prohibited uses for the Overlay through the adoption of the above - referenced Ordinance 18, 2004. STAFF ANALYSIS The applicant's justification for the subject appeal calls attention to the fact that Table 21 does not prohibit night club, bar, or lounge use. The applicant states "The night club, bar or lounge use is not a prohibited use because it does not fit the definition of a prohibited use and is not identified with a blank space in Table 21 ". Furthermore, the Applicant feels they are entitled to file a conditional use application with the City for approval of a night club, bar, or lounge use. While the applicant is correct that the use is a major conditional use within the underlying zoning district, it is the PGA Overlay that staff has determined prohibits the use. Based on the information contained above, as well as the attached documents, it is staff's professional opinion and the City's policy that a principle use of a night club, bar or lounge are prohibited within the Overlay. Furthermore, staff is obligated to analyze the overall nature of a use when determining whether such use is permitted within a specified location, versus looking at whether each individual component of the use is permitted. If the overall nature of a use is not listed in the list of permitted uses for the applicable property /zoning district, it is not permitted within said property /zoning district. • The basis for staff's denial is that the subject use is a "night club and lounge," which is not a use included in the list of permitted uses within the Overlay. In fact, said use was intentionally excluded from the list of uses permitted within the Overlay by staff during the preparation of 3 Date Prepared: August 7, 2007 Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 • Ordinance 18, 2004, as previously stated. • • ROLE OF THE PLANNING, ZONING AND APPEALS BOARD Staff feels that it is important to advise the Planning, Zoning and Appeals Board (the "Board ") of its role with regard to the subject petition, that which is to determine whether the determination of the Growth Management Administrator should be upheld and the proposed use is consistent with the terms of Ordinance 18, 2004, the list of permitted, conditional, and prohibited uses within the Overlay. It is important to note that if the subject use is deemed by the Board to be consistent with the terms of the Overlay, then a precedent will be set that would allow any and all such `night club, bar or lounge' uses to apply for conditional use approval, to locate within any property along PGA Boulevard. The role of the Board is not to determine whether the specific use is appropriate within Harbor Shops, nor is it to determine whether the specific use, a `bar, night club, or lounge,' is appropriate within the Overlay, as this determination was discussed and expressly excluded by the City Council through the adoption of Ordinance 18, 2004. STAFF RECOMMENDATION Staff recommends that the Board uphold the determination by the Planning and Zoning Division. 0 • ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD CITY OF PALM BEACH GARDENS PETITION NO.: ADAP- 07 -08- 000001 RE: Appeal of Administrative Determination — "Noche "— Harbor Shops LEGAL DESCRIPTION: BEING A PARCEL OF LAND IN THE NORTHEAST ONE - QUARTER (NE 1/4) OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY OF P.G.A. BOULEVARD (A.K.A. S.R. 74), AS SAID NORTHERLY RIGHT -OF -WAY IS SHOWN ON THE PALM BEACH COUNTY, FLORIDA ENGINEERING DEPARTMENT RIGHT -OF -WAY MAP FOR STATE ROAD NO. 74, SAID RIGHT -OF -WAY MAP IS RECORDED IN PLAT BOOK 5, PAGES 189 AND 190, OF THE PUBLIC RECORDS OF PALM BEACH • COUNTY, FLORIDA, WITH THE EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD, AS SAID EASTERLY RIGHT -OF -WAY LINE IS SHOWN ON THE PALM BEACH COUNTY, FLORIDA ENGINEERING DEPARTMENT MAP FOR THE ULTIMATE RIGHT -OF -WAY PROSPERITY FARMS ROAD, DRAWING NO. 3 -70- 001 -RW, SHEETS 6 AND 7, OF 11 DATED 6/70, SAID MAP BEING UNRECORDED; THENCE NORTH 01 DEGREES 32 MINUTES 52 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROADS, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREES 32 MINUTES 52 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD, A DISTANCE OF 1185.82 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD (A.K.A. COUNTY ROAD NO. 7) SAID POINT BEING SHOWN ON SAID DRAWING NO. 3 -70 -001 RW; THENCE SOUTH 87 DEGREES 48 MINUTES 23 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD, A DISTANCE OF 500.91 FEET TO A POINT ON THE CENTERLINE OF A 24 FOOT ROADWAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 2668, PAGE 1424, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 26 MINUTES 13 SECONDS WEST ALONG SAID CENTERLINE, A DISTANCE OF 107.90FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 90.00FEET AND A CENTRAL ANGLE OF 38 • DEGREES 10 MINUTES 34 SECONDS; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 59.97 FEET TO THE POINT OF Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 • TANGENCY; THENCE SOUTH 39 DEGREES 36 MINUTES 47 SECONDS WEST, A DISTANCE OF 53.18 FEET TO A POINT ON A LINE PARALLEL WITH AND 206.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO SAID SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD; THENCE NORTH 87 DEGREES 48 MINUTES 23 SECONDS WEST, ALONG SAID PARALLEL LINE AND DEPARTING FROM SAID CENTERLINE, A DISTANCE OF 243.17 FEET TO A POINT ON A LINE PARALLEL WITH AND 206.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, SAID EASTERLY RIGHT - OF -WAY LINE OF PROSPERITY FARMS ROAD; THENCE SOUTH 01 DEGREES 32 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 808.52 FEET TO A POINT ON A LINE PARALLEL WITH AND 256.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER (NE %) OF SAID SECTION 5, SAID SOUTH LINE ALSO BEING THE BASELINE OF SURVEY FOR P.G.A. BOULEVARD, AS SHOWN ON THE PREVIOUSLY MENTIONED RIGHT -OF -WAY MAP FOR P.G.A. BOULEVARD; THENCE SOUTH 88 DEGREES 26 MINUTES 17 SECONDS EAST, ALONG THE LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 343.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 133.81 FEET; THENCE EASTERLY AND NORTHEASTERLY 61.98 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26 DEGREES 32 MINUTES 15 SECONDS • TO A POINT OF TANGENCY; THENCE NORTH 65 DEGREES 10 MINUTES 28 SECONDS EAST, A DISTANCE OF 184.64 FEET; THENCE SOUTH 01 DEGREES 32 MINUTES 27 SECONDS WEST, A DISTANCE OF 289.52 FEET TO A POINT ON THE PREVIOUSLY MENTIONED NORTHERLY RIGHT -OF- WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD, A DISTANCE OF 349.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 11,405.16 FEET, THENCE WESTERLY CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 76.64 FEET, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 23 MINUTES 06 SECONDS; THENCE NORTH 82 DEGREES 24 MINUTES 48SECONDS EST, A DISTANCE OF 100.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH FROM WHICH THE RADIUS POINT BEARS NORTH 00 DEGREES 56 MINUTES 38 SECONDS EAST, A DISTANCE OF 11,393.16 FEET; THENCE WESTERLY 122.91 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 37 MINUTES 05 SECONDS; THENCE NORTH 88 DEGREES 26 MINUTES 17 SECONDS WEST, PARALLEL WITH AND 12.00 FEET NORTH OF SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD, A DISTANCE OF 102.09 FEET; THENCE NORTH 43 DEGREES 26 MINUTES 43 SECONDS WEST, PARALLEL WITH AND 8.48 FEET NORTHEASTERLY OF, MEASURED AT • RIGHT ANGLES, SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD, A DISTANCE OF 35.35 FEET TO THE POINT OF BEGINNING. 2 Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 • NOTE: BEARINGS SHON HEREIN ARE BASED ON SAID BASELINE OF SURVEY OF P.G.A. BOULEVARD, LYING EAST OF P.I. BASELINE STATES 439 + 38.19, AS SHOWN ON THE PREVIOUSLY DESCRIBED RIGHT -OF -WAY MAP BEARING NORTH 88 DEGREES 26 MINUTES 17 SECONDS WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. ORDER DENYING APPEAL THIS CAUSE came to be heard upon the above application, and the City of Palm Beach Gardens Planning, Zoning, and Appeals Board having considered the testimony and other evidence presented by the applicant, city staff, members of the public, and other interested persons at a properly called hearing, hereby makes the following findings of fact: 1. The Property has a zoning designation of General Commercial (CG -1) and a future land use designation as Commercial (C). 2. The Property is within the boundaries of the PGA Boulevard Corridor Overlay (the "Overlay ") and is subject to the regulations thereof. 3. On May 24, 2007, the Applicant, Mr. F. Martin Perry, of Perry & • Taylor, P.A., on behalf of Carmine and Sheila's Inc., doing business as "Noche" in a letter made part of said application on file with the Planning and Zoning Division of the City of Palm Beach Gardens (the "Division "), requested a written determination from the Division on whether the principle use of a night club, bar or lounge was a legally permitted use on the Property pursuant to the City's Land Development Regulations. 4. On July 25, 2007, the Division, in a letter made part of said application on file with the Division, issued a letter in response to said request stating that the proposed night club, lounge or bar use was inconsistent with the provisions of the Overlay and, thus, was not a use permitted within the Property. 5. On August 2, 2007, the Applicant, Mr. F. Martin Perry, of Perry & Taylor, P.A., on behalf of Carmine and Sheila's Inc., doing business as "Noche" in a letter made part of said application on file with the Division for an appeal to an administrative determination by the City's Planning and Zoning Division, wherein it was determined that the proposed primary use of a night club, bar or lounge is not a use permitted within the PGA Boulevard Corridor Overlay (the "Overlay "). 6. The applicant seeks an appeal of said determination pursuant to Sections 78 -23 and 78 -85 of the City's Land Development Regulations. • 7. Under the provisions of such regulations, the Planning, Zoning, and 3 Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 i• Sections 78 -23 and 78 -85 of the City's Land Development Regulations. 7. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board has the right, power and authority to act upon the application herein made. 8. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines that night club, bar or lounge use is consistent with the provisions of the Overlay and, thus, is a permitted use within the Property. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: 1. The determination made by the Planning and Zoning Division that night club, bar or lounge is not a use permitted within the Property is hereby OVERTURNED. The subject tenant, Noche, shall be permitted to file a major conditional use application for a night club, bar or lounge use with the Division within the Overlay and within the Property. DONE AND ORDERED this 14th day of August 2007. Craig Kunkle, Chair Planning, Zoning, and Appeals Board City of Palm Beach Gardens ATTEST: • Deborah Andrea, Recording Secretary 4 • ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD CITY OF PALM BEACH GARDENS PETITION NO.: ADAP- 07 -08- 000001 RE: Appeal of Administrative Determination — "Noche "— Harbor Shops LEGAL DESCRIPTION: BEING A PARCEL OF LAND IN THE NORTHEAST ONE - QUARTER (NE %) OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY OF P.G.A. BOULEVARD (A.K.A. S.R. 74), AS SAID NORTHERLY RIGHT -OF -WAY IS SHOWN ON THE PALM BEACH COUNTY, FLORIDA ENGINEERING DEPARTMENT RIGHT -OF -WAY MAP FOR STATE ROAD NO. 74, SAID RIGHT -OF -WAY MAP IS RECORDED IN PLAT BOOK 5, • PAGES 189 AND 190, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WITH THE EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD, AS SAID EASTERLY RIGHT -OF -WAY LINE IS SHOWN ON THE PALM BEACH COUNTY, FLORIDA ENGINEERING DEPARTMENT MAP FOR THE ULTIMATE RIGHT -OF -WAY PROSPERITY FARMS ROAD, DRAWING NO. 3 -70- 001 -RW, SHEETS 6 AND 7, OF 11 DATED 6/70, SAID MAP BEING UNRECORDED; THENCE NORTH 01 DEGREES 32 MINUTES 52 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROADS, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREES 32 MINUTES 52 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD, A DISTANCE OF 1185.82 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD (A.K.A. COUNTY ROAD NO. 7) SAID POINT BEING SHOWN ON SAID DRAWING NO. 3 -70 -001 RW; THENCE SOUTH 87 DEGREES 48 MINUTES 23 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD, A DISTANCE OF 500.91 FEET TO A POINT ON THE CENTERLINE OF A 24 FOOT ROADWAY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 2668, PAGE 1424, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 26 MINUTES 13 SECONDS WEST ALONG SAID CENTERLINE, A DISTANCE OF 107.90FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST • HAVING A RADIUS OF 90.00FEET AND A CENTRAL ANGLE OF 38 DEGREES 10 MINUTES 34 SECONDS; THENCE SOUTHERLY ALONG THE Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 • ARC OF SAID CURVE, A DISTANCE OF 59.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 39 DEGREES 36 MINUTES 47 SECONDS WEST, A DISTANCE OF 53.18 FEET TO A POINT ON A LINE PARALLEL WITH AND 206.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO SAID SOUTHERLY RIGHT -OF -WAY LINE OF IDLEWILD ROAD; THENCE NORTH 87 DEGREES 48 MINUTES 23 SECONDS WEST, ALONG SAID PARALLEL LINE AND DEPARTING FROM SAID CENTERLINE, A DISTANCE OF 243.17 FEET TO A POINT ON A LINE PARALLEL WITH AND 206.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, SAID EASTERLY RIGHT - OF -WAY LINE OF PROSPERITY FARMS ROAD; THENCE SOUTH 01 DEGREES 32 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 808.52 FEET TO A POINT ON A LINE PARALLEL WITH AND 256.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER (NE' /4) OF SAID SECTION 5, SAID SOUTH LINE ALSO BEING THE BASELINE OF SURVEY FOR P.G.A. BOULEVARD, AS SHOWN ON THE PREVIOUSLY MENTIONED RIGHT -OF -WAY MAP FOR P.G.A. BOULEVARD; THENCE SOUTH 88 DEGREES 26 MINUTES 17 SECONDS EAST, ALONG THE LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 343.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 133.81 FEET; THENCE EASTERLY AND NORTHEASTERLY 61.98 FEET ALONG THE ARC OF SAID CURVE, • THROUGH A CENTRAL ANGLE OF 26 DEGREES 32 MINUTES 15 SECONDS TO A POINT OF TANGENCY; THENCE NORTH 65 DEGREES 10 MINUTES 28 SECONDS EAST, A DISTANCE OF 184.64 FEET; THENCE SOUTH 01 DEGREES 32 MINUTES 27 SECONDS WEST, A DISTANCE OF 289.52 FEET TO A POINT ON THE PREVIOUSLY MENTIONED NORTHERLY RIGHT -OF- WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 89 DEGREES 56 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD, A DISTANCE OF 349.11 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 11,405.16 FEET, THENCE WESTERLY CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 76.64 FEET, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 23 MINUTES 06 SECONDS; THENCE NORTH 82 DEGREES 24 MINUTES 48SECONDS EST, A DISTANCE OF 100.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH FROM WHICH THE RADIUS POINT BEARS NORTH 00 DEGREES 56 MINUTES 38 SECONDS EAST, A DISTANCE OF 11,393.16 FEET; THENCE WESTERLY 122.91 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 DEGREES 37 MINUTES 05 SECONDS; THENCE NORTH 88 DEGREES 26 MINUTES 17 SECONDS WEST, PARALLEL WITH AND 12.00 FEET NORTH OF SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD, A DISTANCE OF 102.09 FEET; THENCE NORTH 43 DEGREES 26 MINUTES 43 SECONDS WEST, • PARALLEL WITH AND 8.48 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES, SAID NORTHERLY RIGHT -OF -WAY LINE OF P.G.A. Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 is BOULEVARD, A DISTANCE OF 35.35 FEET TO THE POINT OF BEGINNING. NOTE: BEARINGS SHON HEREIN ARE BASED ON SAID BASELINE OF SURVEY OF P.G.A. BOULEVARD, LYING EAST OF P.I. BASELINE STATES 439 + 38.19, AS SHOWN ON THE PREVIOUSLY DESCRIBED RIGHT -OF -WAY MAP BEARING NORTH 88 DEGREES 26 MINUTES 17 SECONDS WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. ORDER APPROVING APPEAL THIS CAUSE came to be heard upon the above application, and the City of Palm Beach Gardens Planning, Zoning, and Appeals Board having considered the testimony and other evidence presented by the applicant, city staff, members of the public, and other interested persons at a properly called hearing, hereby makes the following findings of fact: 1. The Property has a zoning designation of General Commercial (CG -1) and a future land use designation as Commercial (C). 2. The Property is within the boundaries of the PGA Boulevard Corridor Overlay (the "Overlay ") and is subject to the regulations thereof. 3. On May 24, 2007, the Applicant, Mr. F. Martin Perry, of Perry & Taylor, P.A., on behalf of Carmine and Sheila's Inc., doing business as "Noche" in a letter made part of said application on file with the Planning and Zoning Division of the City of Palm Beach Gardens (the "Division "), requested a written determination from the Division on whether the principle use of a night club, bar or lounge was a legally permitted use on the Property pursuant to the City's Land Development Regulations. 4. On July 25, 2007, the Division, in a letter made part of said application on file with the Division, issued a letter in response to said request stating that the proposed night club, lounge or bar use was inconsistent with the provisions of the Overlay and, thus, was not a use permitted within the Property. 5. On August 2, 2007, the Applicant, Mr. F. Martin Perry, of Perry & Taylor, P.A., on behalf of Carmine and Sheila's Inc., doing business as "Noche" in a letter made part of said application on file with the Division for an appeal to an administrative determination by the City's Planning and Zoning Division, wherein it was determined that the proposed primary use of a night club, bar or lounge is not a use permitted within the PGA Boulevard Corridor Overlay (the "Overlay "). 6. The applicant seeks an appeal of said determination pursuant to 3 Planning, Zoning, and Appeals Board Meeting Date: August 14, 2007 Petition: ADAP- 07 -08- 000001 is Appeals Board has the right, power and authority to act upon the application herein made. • 8. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines that night club, bar or lounge use is not consistent with the provisions of the Overlay and, thus, is not permitted use within the Property. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: 1. The determination made by the Planning and Zoning Division that night club, bar or lounge is not a use permitted within the Property is hereby UPHELD. The subject tenant, Noche, shall not be permitted to operate as a night club, bar or lounge within the Overlay nor within the Property. DONE AND ORDERED this 14th day of August, 2007. Craig Kunkle, Chair Planning, Zoning, and Appeals Board City of Palm Beach Gardens ATTEST: BY: Deborah Andrea, Recording Secretary 4 1r �, u • is F. MARTIN PERRY SUSAN L. TAYLOR May 24, 2007 Law Offices Perry & Taylor, P.A. 2401 PGA Boulevard, Suite 110 Palm Beach Gardens, FL 33410 Kara Irwin, Director Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Carmine and Shiela's, Inc. (dba Noche) 2401 PGA Boulevard, Suite 160 Dear Kara: TELEPHONE (561) 721 -3300 FAX (561) 721-2111 As you know, this firm represents Carmine and Shiela's, Inc. relative to the operation of the above referenced property, which is currently operating as a quality restaurant and fine dining establishment that also offers entertainment in the form of music and dancing during the later evening hours for its dining patrons. Noche is a well received and popular restaurant, and although they will continue to operate as a quality restaurant, they wish to pursue a conditional use approval to supplement the approved restaurant use in the event that they fall short of the requirement to provide at least 51% in food sales. Pursuant to our recent discussions regarding the possibility of seeking a conditional use approval allowing the use of the property as a night club and lounge, I have reviewed and analyzed the City's Land Development Regulations (LDR) and offer the following analysis for your review. The PGA Boulevard Corridor Overlay sets out certain permitted and prohibited uses within the overlay. Although a night club /lounge is not listed as a permitted use in Section 78- 221(d)(1)b.l., it is likewise not specifically listed as a prohibited use in Section 78- 221(d)(1)b.3. That section states that "prohibited uses shall consist of those prohibited uses in the underlying zoning district ..." You have expressed a concern that this provision may prevent my client from seeking a conditional use approval as it may be considered a prohibited use. A closer examination of the LDR indicates that a conditional use approval cannot be equated to a prohibited use as they are separately defined and categorized. Letter to Kara Irwin May 24, 2007 • Page 2 of 2 The subject property is located within the CG1 zoning district. Table 21, found in Section 78 -159 of the LDR, indicates that a night club, bar or lounge in the CG1 zoning district is a Major Conditional Use, which is defined in Section 78- 159(c)(1) as: "Any use that may be allowed, subject to review and consideration by the planning, zoning and appeals board and city council as provided in this chapter." A prohibited use is separately defined in Section 78- 159(d) as: "Any use not listed as a permitted use, minor conditional use, or a major conditional use in Table 21, and not recognized as a similar use, is a prohibited use and shall not be established." Emphasis supplied. As further noted in the key to Table 21, prohibited uses are identified as those that are left blank under a specific zoning category (see key, which indicates "Blank= Prohibited "). The night club, bar or lounge use listed in Table 21 is clearly not a prohibited use as it does not fit the definition of a prohibited use and is not identified with a blank space in Table 21 for the CGl zoning district. In light of the foregoing, I believe my client is entitled to file an application for a • conditional use approval for a night club, bar and lounge. I shall appreciate your review and confirmation of same. Best wishes. Very truly yours, F. Martin Perry Cc: Christine Tatum, Esq. via email Carmine Giardini via email • ER -1 5-, :7 MON 03:'34 P1 PERRY & TAYLOR, P. A. FAX NO. 561 721 2111 �, 12 . -- rat gig Yi a � m ,f - - - -:_ _- ED •/7 �! � LCD � `. _'1 r 00 0 00 0 04p 0 1 � r V `� ® ,.T -I • J w ifi or .Ulf tins Cw n k,+, CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698 February 5, 2007 Carmine Giardini Carmine & Sheila's, Inc. (dba Noche) 2401 PGA Boulevard, Suite 280 Palm Beach Gardens, FL 33410 Dear Mr. Giardini: This letter is written in connection with the City of Palm Beach Gardens Code Enforcement Case Number 06-11-000317 for the business at 2401 PGA Boulevard, Suite 160, currently operating as Noche. The City of Palm Beach Gardens is the zoning authority governing your location, and therefore the City must be assured that your business meets the City's zoning requirements governing permitted uses. By letter January 25, 2007, you were notified of a violation relative to the use and operation of Noche. By signing below, you hereby acknowledge that the City's zoning approval in no way authorizes the • operation of a lounge, bar, or nightclub in your current location, and that your business will continue to operate as a restaurant, with at least 51% of annual gross sales derived from the sale of food. Additionally, only that area designated as a dance floor on the attached sketch shall be allowed for use as a dance floor. You agree to submit to the Occupation Licensing Division of the City each September a notarized statement from your accountant confirming the annual gross sales from the business together with the occupational license renewal application. You will continue to prepare food items for consumption on premises, and will offer full menu service at all times while Noche is open for business. You further acknowledge that your failure to comply with the foregoing will place you in violation of both the City Code of Ordinances and the development order applicable to your business location, thereby subjecting you to any and all appropriate remedies for enforcement of the same. Sincerely, Brad Wiseman Planning Manager I hereby acknowledge and concur with the foregoing: Carmine Giardini, President Carmine & Sheila's, Inc. • CITY OF PALM REACH GARDENS • 10500 N. MILITARY TRAIL - PALM BEACH GARDENS, FLORIDA 33410 -4698 July 25, 2007 F. Martin Perry Perry & Taylor, P.A. 2401 PGA Boulevard, Suite 110 Palm Beach Gardens, FL 33410 Re: Zoning Confirmation Letter: Carmine and Shiela's, Inc (dba Noche) This letter is in response to your request for a written determination on whether Noche, described in a letter prepared by you, dated May 24, 2007, as a night club and lounge, is a use permitted as a conditional use within the Harbor Shops Planned Unit Development (the "Property "). Pursuant to the City's Land Development Regulations, the uses permitted therein are those uses permitted within the PGA Boulevard Corridor Overlay (the "Overlay "). Section 78- 221(d)(1)b., of the City's Land Development Regulations (attached) establishes those uses that are permitted within the Overlay. The proposed primary use, • the night club and lounge, is not a use included in the list of permitted uses within the Overlay. It is the City's policy that if a use is not listed under the list of permitted uses for a certain zoning district/overlay, said use is not permitted within said district /overlay unless it is ancillary to a use that is specifically permitted within the Overlay (i.e. the operation of a quality restaurant that maintains 51% in food sales). Therefore, it is hereby determined that a night club and lounge is not a use permitted within the Property. Please be advised that any appeal to this determination is required to be made to the Planning, Zoning, and Appeals Board. Staff shall require a letter requesting such appeal and a fee of $1,000.00. The request shall be processed to the next available Planning, Zoning, and Appeals Board meeting agenda. Should you require any additional information relating to the subject matter, please feel free to contact me at (561) 799 -4243. Sincerely, Kara L. Ir�',4� , P Gr owth Management Administrator C. Christine Tatum, City Attorney • Nancy Stroud, Assistant City Attorney Richard Marrero, Planner • Law Offices Perry & Taylor, P.A. F. MARTIN PERRY 2401 PGA Boulevard, Suite 110 SUSAN L. TAYLOR Palm Beach Gardens, FL 33410 August 2, 2007 Kara Irwin, Director Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Appeal of Zoning Confirmation Letter dated July 25, 2007 Dear Kara: TELEPHONE (561) 721 -3300 FAX (561) 721-2111 Pursuant to your letter, referenced above, please allow this to serve as our appeal relative to the matters noted therein. • Carmine and Sheila's, Inc., doing business as Noche, is currently operating as a quality restaurant and fine dining establishment that also offers entertainment in the form of music and dancing during the later evening hours for its dining patrons. Noche is located in the Harbour Financial Center at the northeast corner of PGA Boulevard and Prosperity Farms Road. u Noche is a well received and popular restaurant, and although they will continue to operate as a quality restaurant, they wish to pursue a conditional use approval to supplement the approved restaurant use in the event that they fall short of the requirement to provide at least 51 % in food sales. On May 24, 2007, the applicant submitted a request for a code interpretation to the Growth Management Department relative to whether this objective could be achieved through a conditional use approval application. The request is attached as Exhibit "A ". Your response, which is the subject of this appeal, is attached as Exhibit "B ". The applicant respectfully appeals your interpretation and hereby reiterates, as the grounds for appeal, our interpretation of the relevant Land Development Regulations ( "LDR ") as set forth in the applicant's request for interpretation found in Exhibit "A ". The PGA Boulevard Corridor Overlay sets out certain permitted and prohibited uses within the overlay. Although a night club /lounge is not listed as a permitted use in Section 78- 221(d)(1)b. l ., it is likewise not specifically listed as a prohibited use in Section 78- 221(d)(1)b.3. That section states that "prohibited uses shall consist of those prohibited uses in the underlying zoning district ..." The LDR indicates that a conditional use approval cannot be equated to a prohibited use as they are separately defined and categorized. IIYOF PALM BCH CDNS Or, - 2 2007 uN & ZONING blot Kara Irwin • Zoning Confirmation Letter Appeal August 1, 2007 Page 2 of 2 The subject property is located within the CG1 zoning district. Table 21, found in Section 78- 159 of the LDR, indicates that a night club, bar or lounge in the CG1 zoning district is a Major Conditional Use, which is defined in Section 78- 159(c)(1) as: "Any use that may be allowed, subject to review and consideration by the planning, zoning and appeals board and city council as provided in this chapter." A prohibited use is separately defined in Section 78- 159(d) as: "Any use not listed as a permitted use, minor conditional use, or a maior conditional use in Table 21, and not recognized as a similar use, is a prohibited use and shall not be established." Emphasis supplied. As further noted in the key to Table 21, prohibited uses are identified as those that are left blank under a specific zoning category (see key, which indicates "Blank= Prohibited "). The night club, bar or lounge use listed in Table 21 is clearly not a prohibited use as it does not fit the definition of a prohibited use and is not identified with a blank space in Table 21 for the CG 1 zoning district. • In light of the foregoing, we believe that the applicant is entitled to file an application for a conditional use approval for a night club, bar and lounge, and, therefore, the applicant appeals the interpretation of the Growth Management Department and requests a determination by the Planning, Zoning and Appeals Board authorizing the applicant to apply for a conditional use approval. i We request that this item be placed on the August 14, 2007 Planning, Zoning and Appeals Board Agenda. Thank you for your attention to this matter. Sincerely, Ca;kine Giardini Christine Tatum, City Attorney IT' OF PALM BCH RNS "UG - 2 2007 PLANN01111 8 ZONING DI 4 (9'0� 6-ct ❑ NEW City of Palm Beach ardens •❑ f..ANGE OF ADDRESS 10500 N. Military Trail [CHANGE OF NAME Palm Beach Gardens FL 33410 ❑ CHAN E OF OWNERSHIP Phone: (561) 799 -4162 Fax: (561) 799 -4281 B sines e ��li a I kv-� APPR VAL OF APPLICATION �}//((RE REQUIRES A MIN MUM F 10 BUSINESS DAYS BEFORE ISSUANCE Q City of Palm Beach Gardens Occ M16 l i�ensing Date IO t: Method of Payme t Ck A &�7 a Cash ❑ Credit ❑ Mastercard ❑ Visa Business Name Iaymi -yv E. 5ke -1Ic,'.s Z(nL. Li A/C'- Primary Address a y o Mailing Address a 'fU i P A 81iJd 5� 172- put m 32r k.Ll Gozdens Phone Number S(O 1' (a1' 3 �- SS Fax Number_ S � I-j? 6' J j � Cell Phone Email Address Web URL Federal ID or Social Security Number '20 ;Z aJ Start of Business Date (commercial offices only) 1 Type of Business (Please be specific) �CS) mil) (Ctf) i Number of Employees 145 Do the employees reside in the home (Home -based businesses only)? Yes No Use of Residence (Home -based businesses only) Do you currently hold an occup tio711' cense with the City of Palm Beach Gardens? ?(Home -based businesses only) Square Footage of Occupancy: (This information is required by Growth Management and Fire Department) State License Professionals (Commercial Offices Only) Name Profession 1. 2. 3. 4. Individual the City can contact if we have any questions regarding your application Name Address Phone 2. Emergency Contacts (People who can respond after hours if needed, commercial businesses only) Name Address Phone 1. w.tV'L Gitw rn.f .56 (x&5-377 2. Hazardous Materials Do you store hazardous materials or flammable materials? Yes No Insurance Type Policy tl Certificate Number Issuer Expiration Date Specialty License Information Cosmetology/Barber Shop/Tanning Salon: No of Chairs/Beds Restaurant/Movie Theaters: No of Seats Hotels /Apartments : No of Units Stockbrokerage: Number of Stockbrokers Number of Machines Retail and Wholesale Merchants (Average Yearly Inventory at your cost) isImportant: Read and Sign Below I certify I have read this pp ication and the statement contained herein are true and correcyjoo he bes of mowledge. Signature L/ Title C �W , l Printed Name / Date 0-1(0 —Qfo Page 1 of I • Palm Beach County Tax Collector 10/30/2006 3:03:43 PM Occupational License License year :2005 License number :18165 Fee Class : ORO12 Status: ACTIVE Business Name: CARMINE & SHEILAS Owner Name: GIARDINI CARMINE STEAKHOUSE CARMINE & SHEILAS INC • Business Address : 2401 PGA BLVD #160 City: PALM BEACH GARDENS State : FL ZIP : 33410 Phone : (561)472 -7900 City Limits: YES Fee Period : One Year Orig Issue : 03/29/2005 Delq Pers Prop : Type Of Business: RESTAURANT (140 SEATS) Print Back Mail Address: 2401 PGA BLVD #160 City: PALM BEACH GARDENS State : FL ZIP :334103516 Phone : (561)472 -7900 State Cert : Exp Date : 09/30/2006 Number Of: 140 http: / /www.co.palm- beach. fl. us/ tc_pubaccess /occ /lic_detail _print.asp ?lyy= 2005 &licno =18165 10/30/2006 Division of Corporations C, is Document Number G06291900240 Expiration Date 12/31/2011 Total Pages 000000001 NOCHE 2401 PGA BLVD STE 172 PALM BEACH GARDENS, FL 33410 Status Date Filed ACTIVE 10/18/2006 Current Owners County 000000001 PALM BEACH Events Filed FEI Number 000000000 20- 1272314 No Filing History , ba qNqL W ��Sl S. Sm'Y MZR N LY Owner Information Name & Address i1 FEI Number Charter Number CARMINES AND SHEILA'S INC 2401 PGA BLVD STE 172 IF 20- 1272314 P04000086867 PALM BEACH GARDENS, FL 33410 Page 1 of 1 Document Images Listed below are the images available for this filing. 11G06291900240 -- No image available THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www.sunbiz.org /scripts /ficidet.exe? action= DETREG &docnum= GO6291900240 &rdocnum= GO62... 10/20/2006 Licensing Portal - License Details i • Ghanc View.1 Licensee Details Page I of I :15 M 101301200( Name: CARMINE & SHEILA'S I;NC (primary Name) N.00HE (DBA Name) Main Address: =2401 PGA BLVD STE ,172 PALM BEACH GARDENS Florida. 33410 County: PALM BEACH License Mailing: LicenseLocation: 2401 PGA BLVD STE 172. PALM BEACH GARDENS FL 33410 County: PALM BEACH License Type: Rank: License Number: Status: Licensure. Date: Expires: Permanent food Service Seating SEA6013823 Current,Active 03/29/2605 12/01/2006 No Plan .Review 01/06/2.005 'View Related License Information 'View License Complaint Mew Recent Inspections Terms of Use I I Privacy Statement littps: / /www,myfloridalicense. con -i/LicenseDetail.asp ?SID = &id= 2977195 10/30/2006 . • ��ti:Atfti,�jjfi:L'•• •S� Auu,,nN�n.��aU .A th. �: r•. ,hN'Fiy';4�1; ••1•'; °:tt�: +qty Carmine's Gourmet Market, La Trattoria, Noche and Ocean Grill Restaurants 2401 PGA Blvd. Suite 172 Palm Beach Gardens, Fl. 33410 561- 627 -3855 Monday, December 04, 2006 Kenthia White 10500 North'Militery Trail Palm Beach Gardens, FL 33410 Dear Ms White, We recently opened Noche Restaurant at 2401 PGA Blvd 5uite 160. We understand that in order to operate as a restaurant our foods sales must be maintained at a minimum of 50% of our total sales. Please contact. me or Cathy Ali my controller at 561- 627 -3855 ext 27 if you have any additional questions or concerns, Sincerely, Ca mine Giardini President . E10 -3 RUNE 089 -1 -W0H3 ZL :6Z 90 , -60 -ZL Please Print Name: Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council E, I,- G 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: COMMENTS FROM THE PUBLIC Request to Address City Council I P�,V ",V, z 151 Address: Z� 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: Address: /8 3 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 4,A <CkW qOZT-7 Name: Address: City: R4 Cw 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. -rw. City of Palm Beach Gardens Ballenlsles Clubhouse Site Plan Amendment Petition No. SPLA- 07- 06- 000005 Planning, Zoning and Appeals Board August 14, 2007 [A ( ir I icahlig J v� v° 3 s 1�1 Ballenlsles Site Plan mendment ..�IT4 • The subject request is for approval of an amendment to the clubhouse facility at the BallenIsles PCID • The request includes: - Expanding the existing clubhouse by 12,370; replacing the existing 15,652 square -foot tennis /fitness facility with a 54,142 square -foot sports complex; 264 additional golf cart parking spaces; realignment of the detention pond; and associated site and landscape plan modifications. 1w �• lubhouse Facility eques ..�IT4 • Currently, the existing recreational site consists of three main buildings: a 70,843 square -foot clubhouse; a 15,652 square -foot tennis /fitness facility; and a 4,033 square -foot administrative office building. • Approval of the subject petition will result in the following square- footages: an 83,213 square- foot clubhouse; a 54,142 square -foot sports complex; and a 4,033 square -foot administrative office building (unchanged). ... 4 Requested Waivers The Applicant is requesting two waivers from the LDRs: 1. Section 78 -141 limits the building height in residential low zoning districts to 36 feet. The Applicant is requesting a building height of 54 feet for the sports complex. Please note that this is a two -story building. Please note that the sports complex building is surrounded by golf course and is over 650 feet away from the closest residential unit and over 2,000 feet away from the closest right -of -way. Staff supports the requested waiver. aivers (continued) mom 2. Section 78 -315 states that one landscape island is required for every nine contiguous parking spaces. The Applicant proposes more than nine spaces in a row in several locations. — Please note that the landscape plan far exceeds the requirements of the LDRs for landscaping. Staff believes that the proposed site design provides for an efficient use of the parking area without compromising aesthetics. Staff supports the requested waiver. Staff Recommendation • Staff recommends approval of Petition No. SPLA- 07 -06- 000005. -rw. Gardens Station PUD Petition MISC 07- 05- 000031 City of Palm Beach Gardens Planning, Zoning, and Appeals Board August 14, 2007 ii �I Y r +� C 1 � 1 U) D G A RdENS S TA LION w NORTiI'CORP CEN .sz TION EAST a 4 i J w iy,p';•rQht (c-:0' C'17 Crty-of P.31m Beach Garrden�., FL 0 f2-3 ff =t ol f1 jYPTAC i i i i i 0 ;� I+ t Cotleur Hearing laoaswo<a,crvren�xe v—sy. c—w cwwq Dn o<sp. 1934 c.mm.,u< sane i d, ., F.- 7N58 W 747-63M F.n141.1377 W o �v 06/22/07 PARCEL 58 1 I 1 1 1 I - I. I 1 1 1 1 1 ' 1 1 1 1 1 PARCEL 58 O I 1 I 1 1 L4NDUSE.• MXD ZONING; MI p / I jJ, I 0 Gar ns Station 6 � 4 Stories j 1 1 48,000 s I Detention =J:r - I 1 - I _ _.._.._....._.._.._.._.._.._. ._.._.._.._.._.._.._.._..J._._: - 1 HAMPTON INN a e e e — — I LANDUSE• INDUSTRIAL _ ZONING: POO ` — 0 Monument Sign -- Cotleur Hearing laoaswo<a,crvren�xe v—sy. c—w cwwq Dn o<sp. 1934 c.mm.,u< sane i d, ., F.- 7N58 W 747-63M F.n141.1377 W o �v 06/22/07 MONUMENT DETAILS Font: Goudy Catalog BT Letter Color: match building Roof Tile Color(terracotta) Letter Height: 8" and 6" Letters will be set 1/2" out from wall. NOTE: Copy area is approximately 14 SF Copy area does not exceed the 60 SF maximum - 10 1/2' allowed by code. ARDENS STATION- 91 A ANCHOR COMMERCIAL BANK TENANT NAME IL " -jo- i 6' 9 giver equest • The applicant is requesting a waiver from City Code requirements. Code Section Section 78 -285, entitled Permitted Signs Required One ground sign for properties with a minimum of 300 feet of road right -of -way. Provided Three ground signs for a property with 906 feet of road right -of -way frontage. Recommendation Approval (1) rw MON giver Justifications The subject property has two road right -of -way frontages, and has access to the site via both roads. However, there is only one sign approved for the RCA Center Drive ROW. The applicant notes that the majority of traffic will first approach the building from RCA Boulevard, yet there is no ground signage to direct the traveller from that ROW. ta ecommendation • Staff recommends approval of MISC 07- 05- 000031 based upon the two road frontages and the building's setback from RCA Boulevard. Rio- BALLENISLES -1w w. i 0 fIarcel ZL \� 1 Coil\ irr t� r 111 =-rl I`, %Fr, 1 � IFIrl'-01 ro 7 we,-, I I it 10 :j Cotleur Hearing 3 v v� H C J collcur � Ilcaring �a►Illlank.11em, - P 70 n,cr- Al'Ellul 0 Cotleur Hearing Collcur SL I learing i:1�c II II Il O r r= i �Fe,- r fi G 4 I learing �aiIIIIank.IIart - P 2V Cotleur CRL 11 C aring r J' 11 r II I► 4 I■ II 0 I wj t fi G 4 Cotleur CRL I learing �aiIIIIank.IIart - P 2V I learing 8IlllQ, Mi ��sll W-, = P a- iK� e- gll �� Xls -ig F-jaCtIllitle .,t in TO-)RtC-AL BA\C--, 1 ��,1�0WINJD ❖Parcel 28 was originally approved on May 18, 1989 through the adoption of Ordinance 8, 1989. The existing Clubhouse was approved in 1994 through the adoption Resolution 42, 1994 The most recent amendment occurred by way of resolution 117, iggg to allow for a small ansion to the tennis facilities. 'r Q---- 0,Illl�nr�ll��- JP�,rrr6--' l l P?r-rio-)iect, linfloirunatflo-)n SITE AREA: 27 ACRES LAND USE: GOLF ZONING: PCD OPEN SPACE: >45% USE: RECREATION SIZE: 143,454 SF Club House 83,213 SF Sports Complex 54042 SF PARKING: 985 SPACES Car Parking 690 Golf Cart 295 Ilk- M--A4 :flit: '1 �E yz �• 1 1 I. .10 11 es- Parcel 2� e Plan I , -`, V. vo '��'�-- �.\ /�� } />* l.�•' S31SIN3llVS Cotleur 1 Icaring 2 v v �N � c :flit: IL y es -Pares 0 it 3AR1a S31SIN3llV8 Coil\ irr t� :flirrrMr: Ira si Nk Ab -Parcel 2� ?Ian IWO COt1CL11' I letaring 14 a hot 3allenisles- Parcel z� Club House W r �tri • � e Coil\ Lrr t� 3allenisles-Parcel zE OR-0191 I RICO lj-FF,j COtICLIr I lctaring rr�J-r 3allenisles-Parcel zE OR-0191 I RICO \IV r) F �o op I letaring COtICLIr Salle es- Parcel z�. 30 Ar T 4 COtI Lily (�c I letaring :flit: H• °s- Parcel 2� Complex AST � I 'I � I II �_■ jWWI ww I IJ 7 cotleiIr I lctaring :flit: H• °s- Parcel 21E Complex 1\1 0 lr-",-f IF] IF] wwwmom WNW rm-1 rm-1 r, al 991wrvm;rll-1 =,-Mz* A Cotleirr I lctaring II 1 - r fS Imo# � , If��: 'ATI rTG City Code Allow,, Proposed Waiver Requested T colletir SL I Icaring Raillilanklis%. Prvairreall 2V .�Ufliclitnig "Jefig cotleur CRL I learing 11 r -qj, r i j,�) J 1J I' y rrd Ir1J PI �� r� di r) g , -7-60 r),j r) g D r �J 'A !.J J u � r � I %r , , u J 7 r0rVvDr r dP-,d I r 'for rrDrrl rf)p that proposed prJm�-:jr`/ !Jse of D niciht club,, lourlg� (�r barr were ;permitted rJTJr.jtJonr -:d � Slez) I Pte -Ise FI(�re r- - prJpe. rra/ 11e-D. vvi1 Ji j r�1�1.jl � }�}F� �� 1F} � } �-�r��t�r��sr�r�'r��sr- ��t�r��r ja�� f -`E � -, r eapaF�tee "Plight club, bar or lounge -vva-S) ronSJZ-)telnt tl AppJJ c- DC F J, tjj Df- jc) p ear I J, f i cj ej deterf F) jn�rjtj 0 n E) y th ej l ��t�� r ��Lr i �� r ��1 j�r�r � �,�.r r,�1 �l�.r.��► �.� .I � .� TlOct 0Jr, �0�� D, �Jrrrllr��11�1`� ]r1 rrIe e1r p'151Sr1rJ -1 -re, Ir ra r r� 1\1 0 r rJ e , itjrI thDf- r S 010 Dr the,r derived rrom thei �� Jr 'fDo P 'r d--L EI;I rp (- i�.1IE_rriE [Lt 'I III rL rir\/ 11ri�l rr�e DiAS'lor] Or AlcohDIir E)e- ver:jge d i r r��r�l!Jr]r1r,. r�ugusr �, which all � r r +C, 'r P r " r r pr r,p~ vVith'in thel Overlay -Jes fr1! J T rJrrl �i_Jrlri irr--- ,ri(iri ri F rdIrlPlr) rF� I �r rr "Hight �J!a�, ��r �)r JS) ��ll� �r��I� r�r�J�JJ1,f��J rrJrr� J J��r r vvithIn rri e durir)g rdrf-i ri ) n ur J rrl�lr rl rJJ��Jr �' J;_:Ar Dr our)(- 1� r1 r l perrr)lrrerJ u e vVithiT1 thej Over bur l!J Staff no- rejel that S)Uch ! J:-:)r_-,.j:s - Jpprgp rJ:.-),rp NiyI hin the, Ov�rl:,-j`1 d(i- r)�r r_hej PJ:f-)Jri Jrr�r' rJrJr��rr ��rrJ��rJr`� r!JrrTJr>'Tlr�, �JrJr�lJrJrl rJrrJrJ /� Ciro/ vvi con,ci>` u e c� r J r� lr]�l r rrJ r r�i rJril��J char ] e -r or e �!J1e. v :,-) f o r r i c r, grid r_ D rrJ�!-, erl ) ff)ej U rJ�]JI rip prohIJIr-Ej(J vVithJr) thEjj ovprjEq which rrJJ JTJr JrrrJlrr 1rJ �rr1r iJr1JrJ �" tri subjecr m the Ovprl-)y, PsplirJrl�,�r�rJJJJr�I lrl rTl��rJa'/ �Jrld J rJr the Property -j ri rl I\ I ooh e -f] D u �1 J rl rl rl �1 to r 0r 10UfJg -el UJe J rea-rf " \ f I a I \/S wrie -M detperrrJinin v v h Cr rTie over;E111 riE:i i- Jr r �1 !.J� ' J rl r �JIr �J 1rl rI liar �r rrrll rr�1 LjJe� ror rrl ppJJrll r �rry !of)Jrl f-*rfj Cr, J 1, F)g,r pp rf111 rr� \jVl*rr�Jr] S Dr- jd prop eirr °1 /%OrJ1rl dJS)rrJrr, e,� I a- Ei -�F, f ��— " r pterr ine, ��lF�ller Mie- 1Jr} Jar rr e Pl,�rlrlrjjr)g Dr fld / r>jr)g Divisior) sj^ ould be Upheld or Dvejr urrl d , �l r rrr�Jr� vvh ether �rfl � � i ri � r�r� ��r) r JJ 1 \1 aj� \jvhe er rT�� rjrjr t1 'r�� rJr r1��J, r acp r rrTl l rl �e- l�di o rl Wa S) Pzprp� -� �-Wl r-- C--,4 �� L- � �!�i i :r]d0pdiorl Of C) r�JJrJ��l��re 18 , 10C) s I E f - � �F' f p Z"r �. r,") . P -i �VD!Jjjr - -�j - J1 -r' th-p-, SuTbje��t t en ;-::) F I �- Overlay, th'n r1rl% DrlcJ X11 J!l�rl 'rlJ��lr �,l�_a�, brar o r r Jar r ��j -r Irl r Fjy propprry TOT] I v;-:lrr a J rya1''� r sound course ur r i e �iE)1rd0rl, I,f night (Club, b:e-jr Jr J J :r-)Fl apprJprlate i�ls�lj \jvl,rrl~JTl rrl� l r02rJJjrP Elrl P-, cri Ally l rm o rl vv �) u l d D, rrl e rl r 9 r- rj-� F- �' a= F- � C-'.90 - 9-'---2L 4 441 ' Io lrlgp,' �J:-::) �l r0rlj1r1Jrl :r) I !1)P permit ejd vv h'if) th-P, 07l� rte y I �� tF'r�r� � lrrlJr� SlrI rl ,lr J` 'l J r r�l lr 'rJr , I r ��! h)i ��lr )r Ling, r� r J J r� r!-.r�