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HomeMy WebLinkAboutAgenda P&Z 030111� ` J �.}�y * * . _ ���+�'{ * �■ �� '�i:'- � ,�;:.:.� � •�', ��': �G� AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, MARCH O1, 2011 AT 6:00 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE DIRECTOR OF PLANNING AND ZONING: NATALIE WONG • APPROVAL OF MINUTES: Ol/11/11 PLANNING, ZONING AND APPEALS BOARD Regular Members: Michael Panczalc Randolph Hansen Joy Hecht Amir Kanel Roma Josephs Douglas Pennell Charles Hathaway Alternates • Howard Rosenkranz (1 St Alt.) Robert Savel (2°d Alt.) 1. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING PUDA-11-01-000027 - Frenchman's Crossing requesting a PUD Amendment for additional signage at 4019 Hood Road (Veterinary Hospital) A request by Compassionate Veterinary Care P.A., for an amendment to the development arder for Frenchman's Crossing PUD to allow for an additional flat wall sign for the tenant located at 4019 Hood Road, Suite C112-116, within Retail Building "C". The ten-acre parcel, known as Frenchman's Crossing Planned Unit Development (PUD) is located on the northwest corner of Hood Road and Alternate A 1 A Project Manager: Richard Marrero, Senior Planner, rmarrero@pbgfl.com Planning, Zoning and Appeals Board March O 1, 2011 2. Recommendation to City Council (Public Hearing) LDRA-11-01-000037- A City-initiated amendment to the City's Land Development Regulations in order to revise and clarify project build out determination criteria; to amend the list of permitted uses, minor and major conditional uses, and prohibited uses to incorporate "places of assembly;" and to amend related definitions. Project Manager: Martin Schneider, Planner, msclmeider@pbgfl.com 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accordance with the Americans with Dasabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than.five days prior to the proceedirag, at tedephone number (561) 799-4120 for asszstance; if hearing impaired, telephone the Florida Relay Service Numbers (800J 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 ensuve that a verbatim record of�the proceedzngs is made, which record includes the testimo�ay and evadence upon whzch the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth Management Department. Common/pz agenda 03.01.11 2 1 CITY OF PALM BEACH GARDENS 2 PLANNING, ZONING AND APPEALS BOARD 3 REGULAR MEETING 4 JANUARY 11, 2011 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 L CALL TO ORDER The regular meeting was called to order at 6:00 p.m. by Chair Michael Panczak. II. PLEDGE OF ALLEGIANCE III. ROLL CALL Members Present: Chair Michael Panczak, Vice Chair Randolph Hansen, Charles Hathaway, Joy Hecht, Roma Josephs, Douglas Pennell, Howard Rosenkranz (first alternate sitting for Amir Kanel). Members Absent: Amir Kanel. Also Present: City Attorney R Max Lohman; Director of Planning and Zoning Natalie Wong, Senior Planner Richard Marrero, Planner Martin Schneider. IV. ADDITIONS, DELECTIONS, MODIFICATIONS None. V. REPORT BY DIRECTOR OF PLANNNING AND ZONING: NATALIE WONG None. VI. APPROVAL OF MINUTES Jov Hecht made a motion to approve the December 14, 2010 minutes. Douglas Pennell seconded. Motion passed 7-0. ' VII. PUBLIC HEARINGS 1. Recommendation to Citv Council (Public Hearing) CPTA-10-11-000019 — Text Amendment to the Capital Improvements Element (CIE) - Ordinance 2, 2011 A City-initiated amendment to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan providing updates to the CIE consistent with the current City budget in accardance with Chapter 163.3177, Florida Statutes. Staff Presentation: Senior Planner Richard Marrero. Chair Panczak opened the public hearing. Public Comment: None. Chair Panczak closed the public hearing. Randolph Hansen made a motion for approval of CPTA-10-11-000019. Joy Hecht seconded. Motion passed 7-0. 2. Recommendation to City Council (Public Hearing) LDRA-10-12-000036 — Amendment to the City's Land Development Re�ulations providin� for an Architectural Review Exemption — Ordinance 3, 2011 A City-initiated amendment to the City's Land Development Regulations to allow a residential Planned Community Development (PCD) to apply for an administrative exemption from the architectural review process for minor architectural modifications under certain circumstances. Staff Presentation: Planner Martin Schneider. Chair Panczak opened the public hearing. Public Comment: None. Chair Panczak closed the public hearing. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 01•11• 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Discussion ensued. Charles Hathaway made a motion for approval of LDRA-10-12-000036. Roma Josephs seconded. Motion passed 7-0. IX. OLD BUSINESS None. X. NEW BUSINESS None. Chair Panczak acknowledged the passing of former Councilmember Lauren Furtado. (The remainde� of this page intentionally left blank.) � e PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 01•11• 11 Page 2 1 2 3 4 5 6 7 8 9 10 ii i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 XI. ADJOURNMENT Chair Panczak adjourned the meeting at 6:24 p.m. The next regular meeting will be held February 8, 2011. APPROVED: Michael Panczak, Chair Randolph Hansen, Vice Chair Joy Hecht Amir Kanel � � ATTEST Roma Josephs Douglas Pennell Charles Hathaway Donna M. Cannon Municipal Services Coordinator �, Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note: All those preparing to give testimony were sworn in. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3 01•11• 11 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEqLS BOARD Agenda Cover Memorandum Meeting Date: March 1, 2011 Petition No. PUDA-11-01-000027 Subject/Agenda Item: PUDA-11-01-000027: Frenchman's Crossing PUD Recommendation to City Council: A request by Compassionate Veterinary Care P.A., for approval of an amendment to the development order for Frenchman's Crossing PUD to allow an additional flat wall sign for the tenant located at 4019 Hood Road, Suite C112-116, within Retail Building "C". The ten-acre parcel, known as Frenchman's Crossing Planned Unit Development (PUD), is located on the northwest corner of Hood Road and Alternate A1A. [X] Recommendation to APPROVE with 1 waiver [ ] Recommendation to DENY Reviewed y Director of I �ng & Zoning Natalie . ong, AICP City Attorney R. Max Lohman, Esq. Development�% � Compliance ((j Bahareh Wolfs, AICP Resource � Manager : Allyson Black Approved By: City Manager Ronald M. Ferris Originating Dept.: Planning & Zoning: Project � Manager Richard J. Marrero Senior Planner [X] Quasi — Judicial [ ] Legislative [X] Public Hearing Advertised: [X] Required Date: 02.18.2011 Paper: Palm Beach Post Affected parties: [X] Notified [ ] Not Required FINANCE: PZAB Action: �ni �Acco�unt,ant � � Tresha Thomas Funding Source: [ ] Operating [X] Other N_ A Budget Acct.#: NA [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: • Development Application and Project Narrative • Resolution 15, 2009 • Resolution 95, 2009 • Building "C" Location Map • Reduced Plans Meeting Date: March 1, 2011 Petition: PUDA-11-01-000027 Page 2 of 6 EXECUTIVE SUMMARY The subject request is for approval of an amendment to the development order for Frenchman's Crossing PUD to allow an additional flat/wall sign for the tenant located at 4019 Hood Road, Suite C112-116, within Retail Building "C". Currently, the approved master sign program allows tenants located within the retail buildings a maximum of two (2) flat/wall signs per tenant space or bay. The ten-acre parcel, known as Frenchman's Crossing Planned Unit Development (PUD), is located on the northwest corner of Hood Road and Alternate A1A. BACKGROUND On March 19, 2009, City Council adopted Ordinance 12, 2009, which approved the annexation of the ten-acre parcel from unincorporated Palm Beach County. Following approval of the annexation, the City Council adopted Ordinance 10, 2009 and Resolution 15, 2009, which approved the rezoning of the property to General Commercial (CG-1) zoning designation with a Planned Unit Development (PUD) overlay, and allowed for the development of a 46,031 square-foot retail grocery store and 16,600 square feet of general commercial uses on the parcel. On November 5, 2009, City Council adopted Resolution 95, 2009, which approved an amendment to the development order for Frenchman's Crossing PUD for the following modifications: (1) Delete condition #7 and #8 of Resolution 15, 2009, which removes all requirements associated with extending the length of the westbound left-turn lane at the median opening on Hood Road west of the median opening for the project; (2) amend the language of condition #18 to allow for the Applicant to plat the site prior to issuance of a building permit for vertical construction; and (3) minor changes to the site and landscape plans. LAND USE & ZONING The site currently has a General Commercial (CG-1) zoning designation with a Planned Unit Development (PUD) overlay and a Future Land Use designation of Commercial (C). The zoning and land-use designations of adjacent properties are as follows: (The remainder of this page intentionally left blank.) Meeting Date: March 1, 2011 Petition: PUDA-11-01-000027 Page 3 of 6 ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS PROJECT DETAILS The subject request is for approval of an amendment to the development order for Frenchman's Crossing PUD to allow an additional flat/wall sign for the tenant located at 4019 Hood Road, Suite C112-116, within Retail Building "C". City Code Section 78-285, entitled, Table 24: Permanent Signs, allows for one (1) flat/wall sign per tenant space or bay. Frenchman's Crossing PUD was approved through the adoption of Resolution 15, 2009, which approved a waiver to allow for an additional wall sign for tenants located within the retail buildings. Currently, the approved master sign program allows tenants located within the retail buildings a maximum of two (2) flat/wall signs per tenant space or bay. The tenant, an emergency veterinary clinic, will be occupying three (3) bays within Retail Building "C", which is located on the east corner of the property (please see attached location map). The elevations of the tenant space are visible from Alternate A1A and Hood Road, as well as the parking field to the north. It is important to note that the veterinary clinic has submitted building permit applications for signage to be located on the south and east elevations of Retail Building "C". The third sign, if approved, would be located on the north elevation of the building, which faces the internal parking field of the development. Site Access No changes to the site's existing access points are proposed with this amendment. Meeting Date: March 1, 2011 Petition: PUDA-11-01-000027 Page 4 of 6 Site Plan & Desi.qn No changes are proposed to the site plan with this amendment. Architecture No changes to the architecture are proposed with this amendment. The proposed signage is compatible with the architecture of the retail building, and is of a scale that is proportionate to the fa�ade to which it is attached. Landscaping, Bufferin.q, & Open Space No changes to the landscape, buffering, or open space are proposed with this amendment. However, the applicant has been advised that as the landscape buffer on the east side of the property matures, the sign's visibility may be reduced due to long term tree growth. Parkin No changes to the parking requirements are proposed with this amendment. Site Liqhting No changes to the site lighting are proposed with this amendment. Waivers The following waiver is being requested for the Frenchman's Crossing PUD: Code Section(s) Code Requirement Proposecl Waiver Staff Supports 78-285, Table 24, 1 flaUwall sign per *3 flat/wall signs Permitted Signs tenant space or bay 1 flat/wall sign (1) Approval *Note: The project previously received a waiver from City Code to allow for two (2) flat/wall signs per tenant space or bay. STAFF ANALYSIS 1. Applicant's Justification: The applicant is requesting a waiver from the Code Section that allows one (1) flat/wall sign per tenant space or bay. Two (2) flat/wall signs previously approved per the master signage program for the parcel. The applicant is proposing one (1) additional flat/wall sign for the easternmost tenant bay located within Retail Building "C". The applicant states the proposed retail buildings are unique in design and have been designed to have dual frontages. The tenant's most visible storefronts are located on the south fa�ade oriented Meeting Date: March 1, 2011 Petition: PUDA-11-01-000027 Page 5 of 6 toward Hood Road, east facing Alternate A1 A, and on the northern fa�ade oriented toward the interior of the site. The applicant believes signage is warranted to provide clear identification for the emergency veterinary clinic, which will make it easier for people with pet emergencies to locate the tenant in the shopping center. Staff's Recommendation: The waiver request to allow for one (1) additional flat/wall sign, in addition to the previously approved two (2) flat/wall signs allowed for the tenant space located at 4019 Hood Road, Suite 112-116 has been adequately justified by the applicant. The subject tenant space is unique in that it is the only bay within the development with exposure to the Alternate A1A thoroughfare. The tenant requests one (1) additional flat/wall sign in order to provide exposure on all three (3) elevations of the tenant space. The additional sign proposed for the veterinary clinic will be consistent with the project's master sign program and the City's Code requirements for ground floor tenants. Letter height will not be more than 24 inches high and the copy area will not exceed 5°/o of the total square footage of the tenant area to which the sign is attached. The subject waiver request is fairly common for developments that contain buildings designed to have two (2) or more storefronts and corner elevations located on larger thoroughfares. Furthermore, similar waiver requests have been approved for other retail plazas such as, Midtown PUD, CVS at Prosperity Centre, and Doubletree North PUD. The proposed signage does not negatively impact the architecture of the building, nor does it cause any adverse impacts on the adjacent communities. Staff believes the importance of visibility of tenant signage from the adjacent rights-of-way and the vehicular parking areas are integral components to the economic viability of both the tenants and the shopping plaza as a whole. Staff recommends approval of the waiver. DEVELOPMENT REVIEW COMMITTEE (DRC) On February 16, 2011, a Development Review Committee (DRC) meeting was held for the subject request. No issues or concerns were raised by the DRC regarding the petition. STAFF RECOMMENDATION Staff recommends approval of Petition PUDA-11-01-000027 with one (1) waiver to allow an additional flat/wall sign in addition to the two (2) flat/wall signs approved for the tenant located at 4019 Hood Road, Suite 112-116 with the following condition of approval: 1) Flat/wall signage on the north elevation of the easternmost bay within Retail Building "C" shall not exceed twenty-four inches in height, and shall be consistent with the master sign program for the development. The twenty-four inch height limitation shall also apply to corporate logos. (Planning & Zoning) CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATI4N Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, �'L 33410 (561) 799-4243 Fax (561) 799-4281 Request: Planned Community Development (PCD) Planned Unit Deve(opment (PUD) Amendment to PCD, PUD or Site Plan Canditional Use it to the Comprehensive Plan tive Approval tive Appeal �ning Plan Review �urrencv Certificate Extension Date Suhmitted: January 18, 2011 Project Name: Frenchman's Crossing Owner: Live Oak Land Hood Road LLC Applicant (if not Owner): Compassionate Veterinary Care P.A. (Veterinary Speciaity Hospital) Applicant's Address: 4019 Hood Road Agent: Atlantic Land Management Contact Person: Jeff Zito Telephone No. �61-629-3359 E-Mail: jzito@atianticland,com Agent's Mailing Address: 400 Columbia Drive Suite 1QD West Palm Beach, FL 33409 Agent's Telephone Number: 561-537-4545 I Petition Number: IApplication $ _ Receipt Ntunber: FOR OFFICE USE ONLY Date & Time Received: Engineering $ fl Wiener and Associates Caulfield and Wheeler Engineer: Land Design South of Florida, Inc. Plarmer: Land Design South of Florida, Inc. Landscape Architect: Site Information: Note: Petitioners shall submit electronic digital �les of approved projects. See attachment for details. IVorlhwest comer of Hood Road and Altemate A1A General Location: 4063 Hood Road (Affected area 4019 Hood Road) Address: 36 Section: 41 Township: _ 42 Range: _ Oa-42-41-36-00-000-1030 Property Control Number(s): 1Q.QQ GG-1 PllQ �/A Acreage: Current Zoning: Requested Zoning: _ Flood Zone Base Flood Elevation (BFE) — to be indicated on site plan Current Comprehensive Plan Land Use Designation: G Exisring Land Use: � Requested Land Use; N�A Retail Proposed Use(s) i.e. hotel, single family residence, etc.: Existing Retail = 62,031 S.F. Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): n/a Justification 2 Information concerning all requests (attach additional sheets if needed.) {Section �8-46, Application Procedures, Land Development Regulations} 1. Explain the nature of the request: Please see attached justification statement 2. What will be the impact of the proposed change on the surrounding area? Please see attached justification statement. No effect on the surrounding area is anticipated. 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, Infi-astructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. N/A - Please see attached justification statement. 4, How does the proposed project comply with City requirennents for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? 3 NfA 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? NIA 6. Has project received concurrency certification? Yes. Date received: NOVembet' 19, 2008 Le�al Description of the Subiect Property (Attach additional sheets if needed} Or see attached deed for legal descripHon. Location The subject property is located approximately � mile(s) from the intersection af Hood Road and Alternate A1A � on the�✓ north�ast�outh ✓�vest side of the intersectian (street/road). Statement of Ownershin and Designation of Authorized Asent Before me, the undersigned authority, personally appeared Joseph D Lelonek who, being by me first duly sworn, on oath deposed and says: ►� . Applicant's Certification UWe affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further ceriify that the statetnents or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, Uwe understand that this application, attachments, and ap lication filing fees become a part of the official records of the City of Palm Beach Garde , lori�nd �e not returnable. Applicant is: ✓�Jwner ❑Optionee o� b�s�nr�.S �Lessee 0� �� �e5 � Agent ❑Contract Purchaser ucheler, Compassionate Veterinary Care PA Name of Applicant 4019 Hood Road Street Address PBG, FL 33410 City, State, Zip Code 561-629-3359 Telephone Number Fax Number jorgvet@comcast.net E-Mail Address 0 Pafrn D��CI� G�rtiens Gro4vtfa Mana,yenr�n! C7c��einm�nl fa900 Nc�rif� Nfilitary Trail, Paln� Beach Gar�lens, FL 33410 56'f - 7t?9- 42,30 �(?Ytlllt � N/f'l Fin��n�ial R�s� c�nsibiliti Farrn Th� Qwn�r understand5 ft�at a!! Gity�inaurr�d prof��sior�al fees and ��p�nses assn�iat�d +�iiti tl�e processing of #his appiieattt�a� requ�st �sre ��1#imaieiy tl�e respc�nsibility r�# the cawrre�. A s�curity d�posit �h�l] b� cicposit�ci in ari int�rest-bcarir7� accouni witi� any �ccru�d 'tnterest to be r�;tained by thQ Gity ot F�afm B�ach G�rd�ns. Ttte awn�r �ndlor c�esic�r��e sl��(I t�� inv�ic�d i�n �a montl�ly b�sis far pr�fcs:siora�rl fees such �s, but not Ii�rl�ited �o, cansultant �ngi�eerin� ��rv�ic��, lec��i services, �dv�rt�sinc� costs, andlr�r any other costs attribut�ble ia k}�e �rocessing ofi tt�� �err7�it for whicl� the �ity inc��rred durin� the previous month. `I`lie c�wner anci/or desi�nee s#��li reit�nb�.�rse the City wi#hin thirty (30) d�ys from date af invrai�.c�. if p�yrnerit is nc�k reaeiued, �tfie �ity rn�y utili��; tl�e s�ecurity deposit far r�-imburs�i�enk purposes. AI! ��tiviti�� r��ated fc� ihe p�nd�nt� p�rm�kt{�} wi[I cea�� t�nfil any o��ts#anc�ing invaic�s are ��id. 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C:u, State of �t-l�r�� My Cc�rnmissior� expires: Atlantic Land 400 Columbia Drive, Suite 1 PH: 561-478-0115 January 18, 2011 Revised February 16, 2011 Richard Marrero City of Palm Beach Gardens Senior Planner Palm Beach Gardens, FL 33410 Managernent, Inc. 00 • West Palm Beach, F� 33409 � FAX: 561-478-5012 Re: PUD Amendment Application for Frenchman's Crossing — Request for Additional Sign at 4019 Hood Road (Veterinary Hospital Tenant) Dear Mr. Marrero, As you may be aware, the Frenchman's Crossing project, located on the Northwest corner of Hood Road and Alternate A1A, has recently completed site construction. Publix and the liquor store have opened for business along with a few of the other retail tenants. Currently, the remaining tenants in the shopping center are under construction. The few tenants that leased space later in the process will be opening early this spring. The shopping center is completely leased and the tenants are excited and eager to serve the neighboring communities. In terms of the enclosed application, the applicant is respectfully requesting an additiona� Tenant Wall Sign for Bay C112-116 which is the eastern most bay of Building C, 4019 Hood Road. This is where the Veterinary Specialty Hospital leased 2,900 square feet. The tenant has received building permit approval and started working on their build out construction last week and is currently preparing a sign permit application for two signs on the facades facing Alternate A1A and Hood Road as allowed per the approved signage program and Land Development Regulations. This would leave the North fa�ade facing Publix with no wall signage which will make it difficult for people with pet emergencies to locate the tenant in the shopping center. Although being very visible from the external roads, once you enter the project, this tenant's bay is tucked into the southeast corner, away from the view of the front door of Publix. Additional signage would help the public to find the tenant once they are in the parking lot. As you may recall during the original approval of the shopping center, the applicant received approval for an additional wall sign since the architecture was designed to be four sided or have the appearance of no "back of house". At this time no tenants had been leased other than Publix and it was envisioned of having several smaller tenants in this space instead of one larger tenant who takes up a third of the building square footage. If this was the case, there would be a total of 6 signs allowed, one on the North fa�ade and one on the South fa�ade, for each of the three tenants who would have most likely filled those retail bays. With the current scenario having the larger tenant fill that space, there would only be 2 signs allowed per the approval, 3 if an additional sign is approved with this application. If approved, we feel that there will not be a negative effect on the overall PUD or neighboring communities and would actually be a benefit to both the tenant and community if an additional sign is approved. In addition to the below justification of the waiver criteria, please find the enclosed sketch showing where the signage is being proposed on all three sides of the space. Please note that Page 1 of 4 Atlantic Land Management, Inc. 400 Columbia Drive, Suite 100 • West Palm Beach, FL 33409 PH: 561-478-0115 � FAX: 561-478-5012 ----------- - — ----- ---------- ------ --_..__. _.__ the tenant has received trademark approval for their logo through the State of Florida. A copy has been included for your records. WAIVER REQUEST #1 ---------------- ------- - ---- _--- ----_ _- ._ _ --- ------ - _._ _. DEVELOPMENT PROPOSED REQUIRED REGULATION STANDARD STANDARD DEVIATION 1 Flat/Wall Signs for Ground Three (3) flat/wall One (1) flat/wall Increase of one Floor Users signs for sign per tenant (1) flat/wall sign LDR Sec. 78-285 Table 24: easternmost space or bay (per for easternmost Permanent Signs tenant bay ONLY approved waiver) tenant bay ONLY in building C in building C (waiver request) 1. The request is consistent with the city's comprehensive plan. The requested wall sign waiver is consistent with the proposed future land use and in not in conflict with any section of the City's Comprehensive Plan. 2. The request is consistent with the the purpose and intent of this section. The requested sign waiver is consistent with the intent of the code. As identified on the site and architectural plans, the proposed retail buildings have been designed to have dual frontage. The buildings will have storefront located on the south fa�ade oriented toward Hood Road, as well storefront on the northern fa�ade oriented toward the interior of the site. Due to this unique building configuration, signage is warranted to provide clear identification of the building for all site users and to eliminate confusion for users internal to the site. Due to the specific nature of the vet emergency use, signage in the proposed locations is a benefit to the community as the additional signage will aid both the tenant and user of the site in identifying the proposed use in the event of an emergency. The waiver is considered to be consistent with the intent of the code to provide safe and orderly site design. 3. The request is in support of and furthers the city goals, objectives, and policies to establish development possessing architectural significance, pedestrian ameneties and linkages, employment opportunities, reductions in vehicle trips, and a sense of place The site plan was designed to include the above mentioned elements to objectives for creating projects with a strong sense of place. Due to the unique the site, the requested sign waiver supports the architectural significance of providing clear identification of the uses for all users of the property. meet the City's configuration of the structure by 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUD's. The applicant has worked closely with staff to provide an innovative site design with exceeds code requirements in many areas including setbacks, landscape materials, open space, and Page 2 of 4 Atlantic Land Management, Inc. 400 Colurnbia Drive, Suite 100 • West Palm Beach, FL 33409 PH: 561-478-017 5 � FAX: 561-478-5012 architectural design during the site plan approval process over the last several years. The requested waiver will support the enhanced architectural design as the building's unique orientation would be complemented through the inclusion of the requested signage to provide clear identification of the use for all users of the site 5. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The requested signage waiver will serve as a public benefit as it will aid users of the site in identifying site uses once they have entered the site, and are utilizing the northern storefront entrance. Without the inclusion of the requested sign waiver, internal users of the site would not be provided with identification of uses to aid in navigating to the correct business location. As such the requested waiver serves as a public benefit as it will diminish confusion by providing clear identification of site uses. 6. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. Throughout the design process, the applicant has worked with staff to provide a site design which exceeds code requirements for open space, landscape material, architectural treatment and setbacks, while providing an innovative site design solution. Through the use of dual storefront retail buildings the applicant was able to locate the retail buildings to engage Hood Road, while still providing strong pedestrian connections and linkages throughout and between all site uses. Through the inclusion of the wall sign waiver the proposed buildings are clearly identified for all site users thus enhancing the overall design solution. 7. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage, and rechard areas, and coastal areas. The requested sign waiver will not negatively affect the above mentioned items. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The applicant does not anticipate that any adverse impacts will be created through inclusion of the requested sign waiver as the sign faces the parking lot and the Southern Fa�ade of Publix. As mentioned previously, the sign waiver has been requested to provide identification of the proposed vet use due to their specialized use. 9. The request is not based solely or predominately on economic reasons. The waiver request in not based solely upon economic reasons, rather the waiver has been requested to provide clear identification of the uses which will aid users of the site in navigating Page 3 of 4 Atlantic Land Management, Inc. 400 Columbia Drive, Suite 100 • West Palm Beach, FL 33409 PH: 561-478-0115 I FAX: 561-478-5012 --._— _ _. to the desired location. Through this request it is the applicant's intent to provide a safer site for all users. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The requested waiver will be compatible with the existing and potential land uses and will r�ot result in any adverse impacts to such. The signage would be consistent with adjacent retail bays including Publix. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injuriuos to the area involved or otherwsie detrimental to the public health, safety, and welfare. The waiver request will not be injurious to the area involved or detrimental to the health, safety, and welfare of the general public. The request will allow for a sufficiently identified project thus benefiting the general public and the development's users by providing clear identification of site uses thus aiding in safe navigation of the site accordingly. The applicant, Compassionate Veterinary Care PA, respectfully requests approval of an additional third sign for the easternmost retail bay in Building C as described above. If you have any questions or comments, please do not hesitate to contact our office. Sincerely, Jeff Zito Project Manager, Atlantic Land Management Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION 15, 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE FRENCHMAN'S CR4SSING PLANNED UN1T DEVELOPMENT (PUD) TO ALLOW FOR A 46,031-SQUARE-FOOT RETAIL GROCERY STORE AND 16,600 SQUARE FEET OF GENERAL COMMERCIAL USES ON A 1Q-ACRE PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN; PROViDING WAtVERS; PROVIDING CONDITIONS C?F APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15 WHEREAS, the City Council, as the governing body of the City of Palm Beach 16 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florrda 17 Statutes, and the City's Land Development Regulations, is authorized and empowered 18 to consider petitions related to zoning and land development orders; and 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City received application PPUD-07-08-000018 from Jennifer Tighe on behalf of Live Oak Land Hood Road LLC for approval of a rezoning to Planned Unit Development (PUD) Overlay with underlying General Commercial (CG-1) zoning district and site pian approval allowing the development of a 46,031-square-foot retail grocery store and 16,600 square feet of general commercial uses on a ten-acre parcel located at the northwest corner of Hood Road and Alternate A1A, as more particularly described herein; and WHEREAS, the subject site Planned Unit Development (PUD) Commercial (CG-1). The subject site (C); and has been rezoned by Ordinance 1 Q, 2009 to averlay with an underlying zoning of General has a future land-use designation of Commercial WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its January 13, 2009, public hearing and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendatians of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Cauncil has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach G�rdens. Resolution 15, 2009 1 NOW, THEREFORE, BE IT RES�LVED BY THE CITY COUNCIL 4F THE CITY 2 4F PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. Application PPUD-07-08-000018 for the Frenchman's Crossing 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Planned Unit Development (PUD) is hereby APPROVED to allow rezoning to Planned Unit Development (PUD) Overlay with underlying General Commercial (CG-1) zoning district and site plan approval allowing the development of a 46,031-square-foot retail grocery store and 16,600 square feet of general commercial uses on a ten-acre parcel located at the northwest corner of Hood Road and Alternate A1A, as more particularly described herein: LEGAL DESCRIPTION ALL THAT PORTION OF SAID SECTION 36 LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILWAY; NORTH OF NORTH RIGHT- OF-WAY L1NE OF HOOD ROAD AS LAID OUT AND IN USE (SAID RIGHT-OF-WAY LINE ALSO BEING DESCRIBED IN DEED BOOK 1083, PAGE 141, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); EAST OF A LINE PARALLEL W1TH AND 660 FEET WEST OF, AS MEASURED AT RIGHT ANGLES T0, SAID WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; AND SOUTH OF A LINE PARALLEL WITH AND 660 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES T0, THE SAID NORTH RIGHT-OF-WAY LINE OF HOOD ROAD. LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. CONTAlNING 435,619 SQUARE FEET OR 10.000 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Section 78-285, Permitted signs, Table 24, to allow for two {2) additianal principal tenant flat/wall signs for the grocery store building. 2. Section 78-344(e), Construction maintenance, wheel stops, to allow for the elimination of wheel stops for non-curbed parking spaces. 3. Section 78-285, Permitted signs, Table 24, to allow for one (1) additianal flat/wall sign per tenant space or bay that fronts both Hood Road and the internal parking lot �� Resolution 15, 2009 4. Section 78-153, Non-residential zoning districts regulations, Table �2, to allow for a building height of 40 feet on the west and south gracery store building facades. SECTION 4. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Planninq & Zoninq 1. Prior to the issuance of the first building permit, the Applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places. The Applicant shall provide art on site or make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. If the Applicant is providing public art on site, the art shafl be installed prior to the issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (Planning & Zoning) 2. Prior to the issuance of the Certificate of Occupancy for each building, al1 roof- top mechanical equipment shall be screened from view. (Planning & Zoning) 3. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. (Planning & Zoning) 4. Prior to the issuance of the first land alteration permit, or as determined by the Growth Management Administrator, the Applicant shall install a minimum six-foot tall construction fence around the perimeter of the property. The fence shall includ� privacy tarps covering each section. The tarps shall be green or bfack in color and signage shall adhere to the regulations provided in Section 78-290. (Planning & Zoning) 5. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the closing of any public sidewalk. (Planning & Zoning) 6. All on-site lighting sha11 be cast downward and shielded from adjacent properties in accordance with city code. (Planning & Zoning) 7. Prior to the issuance of a building permit, the property owner shall provide a five-year surety bond or letter of credit, in a form acceptable to the City Attorney, to extend the length of the westbound left-turn lane at the median opening on Hood Road west of the median opening for the project. K ,. Resolution 15, 2009 8. Each year for a period of five years after completion of the project, the property owner shall submit a traffic study, including peak season demands, in a methodology acceptable to the City's Engineering Department. Should the results of the study warrant the extension of the left-turn lane due to vehicle queuing obstructing the westbound through lane of Hood Road, the property owner shail be responsible for all costs associated with the extension of the left-#urn lane. (Planning & Zoning) 9. With the exception of bread deliveries, no deliveries for the property shall commence prior to 6:00 a.m. nor occur after 11:00 p.m. (Pfanning & Zoning, Code Enforcement) Citv Forester 1 �. Prior to the issuance of #he firs# land alteration permit, the Applicant shall remove all prohibited and invasive non-native plants from the subject site. (City Forester) 11. Al! site landscaping shall be completed prior to the issuance of the last Certificate of Occupancy. (City Forester) 12. The Applicant, successors, and assigns shall be responsible for the landscape maintenance (including irrigation) of the Hood Road road shoulder, their fair share of the Hood Road median from the eastern property terminus to the western property terminus, and their fair share of the Alternate A1A median from the northern property terminus to the southern property terminus. (City Forester) 13. Prior to the first Certificate of Occupancy, the Applicant, successors, and assigns shall install the road shoulder and median landscaping and irrigation along Hood Road from the eastern property terminus to the western property terminus, and the 55-foot parkway buffer, as indicated on the approved plan. (City Forester) 14. All vacant building pads shall be sodded and irrigated within one month of notice by the Growth Management Department. (City Forester) Enqineerinq 15. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signing plan, or provide same on the engineering plan. (City Engineer) � Resolution 15, 2009 16. The Applicant shall copy to the City all permit applications, permits, certifications and approvals for the subject site. (City Engineer) 17. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 18. Prior ta the issuance of the first land alteration permit, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances in accordance with LDR Section 78-446 for City Council approval. (City Engineer, Planning & Zoning) 19. Prior to construction plan approval and the issuance of the first land alteration perrnit, the Applicant shall provide a cost estimate and surety in accordance with LDR Sections 78-309 and 78-461 and a cost estima#e for on-site project improvements, not includinq public infrastructure, or landscaping and irrigation casts for review and approva� by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) 20. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant's responsibility to cure the impacts in a period of time and a manner acceptable to the City prior to additional canstruction activities. (City Engineer) 21. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and water/sewer) and all pertinent calculations for review and comment. (City Engineer) 22. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 23. Prior to the issuance of the first land alteration permit, the Applicant shall provide to the City letters of authorization from the applicable utility campanies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 15, 2009 24. The Applicant shall notify the City's Public Warks Division at feast ten working days prior to the cammencement of any work/construction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the Applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/constructian activity within the public right-of-way and the subject development site. (Public Works} Police 25. Prior to the issuance of the first Certificate of Occupancy, a11 on-site lighting shall be installed. All e�erior lighting shall utilize 12'- 25' light poles, and all on-site lighting shall consist of inetal halide or equivalent lighting approved by the Police Department, and shall be field located not to conffict with planted landscaping. Luminaire-type fixtures shall be utilized to optimize light distribution and minimize glare and up-lighting. (Police Department) 26. Landscaping shall not obstruct the view from windows or walkways. Ground cover shall not exceed 36" in height and high-branched trees should have a clear trunk up to seven feet to provide for clear site lines. (Police Department) 27. Prior to the issuance of the first Certificate of Occupancy for each building, the Applicant shall provide photocell sensor engaged "dusk to dawn" lighting above or near entryways and adjacent sidewalks for said building. (Police Department) 28, Prior to the issuance of the first Certificate of Occupancy for the retai! gracery building, all entry doars (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 doors with a minimum one-inch thraw or mechanical interlock. Glass exterior doors shall have a holding force af at least 1000 Ibs. Daor hinges shall employ non- removable hinges. The main entries, loading dock, and drive-thru pharmacy lane to the building shall be equipped with closed-circuit digital wide-angle camera surveillance system. (Pofice Department) 29. Prior to the issuance of the first building permit, construction site security and management plan the Police Department. Noncompliance with management plan may result in a Stop Work � Department) the Applicant shall submit a for review and approval by the approved security and )rder for the PUD. (Police 30. Prior to the issuance of the first Certificate of Occupancy for the retail grocery building, numerical addresses shall be placed at the west and south sides of the building. Each numerical address shall be illuminated for L•� Resolution 15, 2009 1 nighttime visibility, with an uninterruptible A.C. power source, shall consist af 2 twelve-inch high numbers, and shall be a different color than the color of the 3 surface to which it is attached. The rear door of the building shall have an 4 illuminated six-inch number on or alongside the door. (Police Department) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 31 Prior to the issuance of a Certificate of Occupancy for the building, the following security measures shall be installed and approved by the Police Department: a. Buildings shall have an alarm system. b. Doors shall mechanism. c. retail grocery reviewed and be equipped with metal plate over threshold of the locking lnterior doors to offices/meeting rooms shall have viewers or a vision panel. d. Case hardened commercial grade dead-bolt locks shall be installed on all exterior doors with a minimum of ane-inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum af five-pin tumblers. e. Doors secured by electrical operation shall have a key-pad switch to open the door when in a closed position or by a signal locking device. f. Glazing in interior doors, or 40 inches within of any locking device, shall be rated burglary-resistant glazing. g. Restrooms shall be placed in central areas with maze entrances; avoid double-door entry systems. h. Exterior/interior pedestrian doors which provide access into parking lots shall be solid core, and where applicable, emergency doors shall have no exterior handles. Panic hardware shall have a seff-locking mechanism, shall have three locking poin#s, and shall have a protective astragal attached to the exterior of the door, which will cover the opening between the door and frame, and it should extend one inch beyond the edge of the door to which it is attached. i. A high-resolution color digital wide-angle video camera system with monitoring and DVR capabilities shall be installed. Cameras shall be above exit doors, checkaut counters, loading dock, product aisles, pharmacy, and any other area deemed necessary to provide for maximum coverage. The camera user should be able to pan, tilt, and zaom the recorded videa after the fact. 7 Resolution 15, 2009 1 32. The Automated Teller Machine (ATM) shal! comply with the requirements of 2 Sectian 655-965, Florida Statutes, as follows and be approved by the 3 Growth Management Department: 4 5 6 7 8 9 10 11 12 93 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. b. Shall install high-resolution color digital video camera system. c. Shall have high illumination of both the ATM and the walkway leading to and from it. Lighting should be positioned so as not to cause glare of videa recording. d. A convex mirror shal{ be strategically placed and installed to a11ow the aperator of the ATM to identify any approaching person(s) and/or potential suspect. SECTION 5. This Planned Unit Development is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof, as fo(lows: Exhibit 1. Site Plan, by Land Design South, Sheets SP-1 through SP-10, dated and received by the City on January 15, 2009. Exhibit 2. Landscape Plan, by Land Design South, Sheets LP-1 through LP- 17, dated and received by the City on January 15, 2009. Exhibit 3. Master Signage Program, by Glen Welden & Associates, L�C, Sheets 1 through 13, dated December 21, 2008, updated January 12, 2009, and received by the City on January 15, 2009. Exhibit 4. Photometric Plan, by Mains#reet Engineering, Sheets PH-9, dated and received by the City on January 15, PH-1 through 2009. Exhibit 5. Floor Plan and Elevations, by Marc Weiner, Sheets A1.01 thraugh A1.04 and Sheets A2.01 through A2.03. SECTION 6. Any and all future amendments to the Frenchman's Crossing PUD shall be approved by resolution of the City Councif, except as otherwise provided in the Palm Beach Gardens Code of Ordinances. SECTI�N 7. This Resolution shall become effective on the effective date of Ordinance 12, 2009, and this approval sha{1 be subject to and consistent with all previous approvals, if any, except as modified herein : 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 �3 44 45 46 PASSED AND ADOPTE[� this ��day of /'�� , 2009. ATTEST: BY: Resolution 15, 2009 CITY OF PALM BEACH GARDENS �:� CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY / BY: _ . ,. , ;r � �, � . Max,� an, �. VOTE: MAYOR RUSSO VICE MAYOR LEVY Interim City Attorney C�UNCILMEMBER JABLlN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO AYE NAY ABSENT ✓ � f ✓ � G:�attorney_share�RESQLUTIONS�2009U2esolution 15 2009 - frenchmans crossing pud.docx � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2q 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 85, 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DEVELOPMENT ORDER FOR FRENCHMAN'S CROSSING PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHWEST CORNER OF HOOD ROAD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREfN, TO PROVIDE FOR MINOR SITE AND LANDSCAPE MODIFICATIONS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, on March 19, 2009, the City adopted Resolution 15, 2009, thereby approving the master site plan for the Planned Unit Development (PUD), consisting of a 46,031-square-foot retail grocery store, and 16,600 square feet of general commercial uses on a ten-acre parcel located at the northwest corner of Hood Road and Alternate A1A, as more particularly described herein; and WHEREAS, the subject site has been rezoned by Ordinance 10, 2009 to Planned Unit Development (PUD) overlay with an underlying zoning of General Commercial (CG-1), and has a future land-use designation of Commercial (C); and WHEREAS, the City Cauncil, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, F/orida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the Growth Management Department has received application PUDA-09-08-OOQ022 from Jennifer Tighe on behalf of Live Oak Land Hood Road LLC for approval of an amendment to the Frenchman's Crossing PUD for the following modifications: (1) delete Conditions 7 and 8 of Resolution 15, 2009, to remove all requirements associated with extending the length of the westbound left-turn lane at the median opening on Hood Road west of the median opening for the project; (2) amend the language of Condition 18 to allow for the Applicant to plat the site prior to the issuance of a building permit for vertical construction; and (3) make minor changes to the site and landscape plans; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its October 13, 2009, public hearing and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council deems approval of this interests of the health, safety, and welfare of the resident Palm Beach Gardens and the public at large. Resolution 95, 2009 Resolution to be in the best s and citizens of the City of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORtDA that: SECTION 1. The foregoing recitals are hereby a�rmed and ratified. SECTION 2. Application PUDA-09-08-000022 for the Frenchman's Crossing Planned Unit Development (PUD) amendment is hereby APPROVED to allow for the following modi�cations: (1) delete Conditions 7 and 8 of Resolution 15, 2009, which removes a!1 requirements associated with extending the length of the westbound left- turn lane at the median opening on Hood Road west of the median opening for the project; (2) amend the language of Condition 1$ to allow for the Applicant to plat the site prior to the issuance of a building permit for vertical construction; and (3) make minor changes to the site and landscape plans on the following described real property: LEGAI. DESCRIPTION ALL THAT PORTION OF SAID SECTION 36 LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILWAY; NORTH OF THE NORTH RIGHT-OF-WAY LINE OF WOOD ROAD AS LAID �UT AND IN USE (SAID RIGHT-OF- WAY LINE ALSO BEING DESCRIBED IN DEED BOOK 1083, PAGE 141, OF THE PUBLIC RECURDS OF PALM BEACH COUNTY, FL()RIDA); EAST OF A LINE PARALLEL WITH AND 660 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, SAID WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; AND SOUTH OF A LINE PARALLEL WITH AND 660 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID N(?RTH RIGHT-OF-WAY LlNE OF HOOD ROAD. LANDS SITUATE IN THE GITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. CONTAINING 435,619 SQUARE FEET OR 10.000 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. SECTION 3. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: PlanninA & Zoninq 1. Prior to the commencement of construction, the Applicant shafl schedule a pre-construction meeting with City staff. (Director of Engineering) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 95, 2009 2. Prior to construction plan approval, the Applicant shall provide a cost estimate and 5urety in accordance with the LDR, and a cost estimate for on- site project improvements, not including public infrastructure (please see the definition of public infrastructure within the City code) or landscaping and irrigation costs for review and approval by the City. 7he cost estimates shall be signed and sealed by an engineer and/or a landscape architect licensed in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (Director of Engineering) 3. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. (Director of Engineering) 4. Prior to the issuance of the Certificate of Completion, the Applicant shall provide copies of the required FDOT testings for City review and approval. (Director of Engineering) 5. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for constructian activities. (Director of Engineering) 6. There shall not be any Certificates of Occupancy issued for the project until the median modification is complete and open to vehicufar traffic. (Pianning & Zoning) 7. Prior to the issuance of the building permit for vertical construction, the Applicant shall plat the site to include all existing and proposed easements and like encumbrances in accordance with �DR Section 78-446 for City Council approval. (Planning & Zoning, Director of Engineering) SECTION 4, This Planned Unit Development is hereby approved subject to strict compliance with the Exhibits attached hereto and made a part hereof, as follows: Exhibit 1. Site Plan by Land Design South Sheets SP-1 thraugh SP-10, revised October 4, 2009. Exhibit 2. Landscape Plan by Land Design 17, revised October 4, 2009. South, Sheets LP-1 through LP- Exhibit 3. Master Signage Program by Glen Welden & Associates, LLC, Sheet 12, revised January 12, 2009. Exhibit 4. Floor Plan and Elevations by Marc Weiner, Sheets A1.01 through A1.04 and Sheets A2.01 through A2.03, revised July 23, 2009. Exhibit 5. Color Palette by Marc Weiner, 1 Sheet. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 96 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 95, 2009 SECTION 5. All previous conditions of approval shall remain in full force and effect except as modi�ed hereinabove. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this S� day of �vov�Qe,t , 2009. C1TY OF PAL '� ATTEST: BY: ider, CMC, City Clerk APPROVED AS TO FURM AND LEGAL SUFFICIENSa' BY: � R. Ma 1 VOTE: MAYOR RUSSO man, City Attorney VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO !� DENS R. Russo, Mayor AYE NAY ABSENT � � � � � G:�attorney_share\RESOLUTIONS�2009\Resolution 95 2009 - amending frenchmans crossing pud.doc � Frenchman's Crossing Pianned Unit Development (PUD) � ----.-,,,.x2�:� ��aE,�E 905 5 YGt.E FAMILI" UNiTS I)5 F1lJLT1�FAMI:Y UYI � S EvERGRENE 9pi 5!NGiE FAMILY VYITS i 35 FIU.'f1-FN11�T UNITS ' '—i*WBY' �� ''��.."" c� a-«.0 �— --�1_—�tr �l I I It I � �` � —..�� I� __»w � I ! lo FRE�ICHMAN'S CROSSIRIG A NEIGHBORHOOb COMMERCIAL DEVELOPMENT CITY OF PALM BEACH GARDENS, FLORIDA DEVELOPMENT TEAM SHEE7 INDEX �AND PLANNING _ S�TF. PlAN SP I� SP 9 LANDSCAPE ARCHI7ECTURE RF.GULATING PLAN SP 5- SP 7 TRAPFIC CONSULTANT THOROUGHFARE PIAN SP 8 ENVIRONMEN7AL CONSULT�NT _` OP[N SPACE PLl�N SP 9 LAND UESIGN SOUTH 2101 C[NTRf.PAIiK DRIVE WEST, SUITE 100 REVISIONS WEST PALM BEACH, FL 73409 PH�.561A78.6501 AIiCHffEC�P WIENEk & ASSOCIATES 33 SE FOURTH STftGET, SUITE 101 60CA RATON, FL 73532 ._ _ PFI: SGI JSOA I I I civa eNCwe�n LOCATION MAP SURVEY00. CAUFl[LD AND WHE[LER J 7301A W. PALMETTO PARK RD., IOOA �,��� a��ssq�. ��.7.5. 60CA RATON, FL 33433 � PH: SG 1.392.1991 PHOTOM[TRIC CONSULTANi _ - MUNIQPAL lIGH71NG SYSTEMS �ozo s. s�rFi nve., i�zoi LAKE WORTN, fL 33q63 �'� PH:561.641.5301 HOODAOAU � N — �. APPROVAL STAMPS ��i:', �`� LAND DESIGN SOUTH r1�nn•ng �.�nasCape ArdtilecMe En�vo. onta15c«'ites i�onspat�fion m}I.1 f.cr��efr��,t wc�i P..o.S-�'c iQ mPC�a_n.rt )N✓3 I�c.�.l.u:..: SSI.e)dAiJl .fn� SSi.�ld'AI2 Rctaiil "li" � "'C" Soutii �Icvation _. _. _ __ _ Retail "B" �k "C° ( Nc,�rth Elev�ition Wcst Elevation LAN D Planning Landscape Arch4tecf�re DES I G N Environmental Services Transportation S O U TH ��01 Contrpp�rk W C S xi P N� 3eccn fL 334^�9 r�em�o�e. se.. �s a.a: • c�.. se .un w z L�, c�i � Courtyard Elcvatic>n v„ . o,,���,�,:�i :sd� Ei�,,:,��„„ .,��::,�<:�u,,,� �� �,ni�: .�,�F,� «r„�,t�„»r„�«-��>«�,. o„i, �«,,, ,�;�u >�,.,�„ �,: � i,.�,�„�,. ,ai,,,�<�. �� Architocr. Marc Wiener AIA ARCHITECTURE/ PLANNING ���. 33 Southcast Fourth Strcet, 6oca Raton �3432 �Gl-T 0-4111 East Etcv�ation Ei�virunmctual Graphii Dcsign: h °� "' �'°"^ Glen Welden & Associates, LLC ' "' "" . � E.KOLLWOOD DFIVE �� � . �,, 1\l. ER�O� '.��IiTH (:AFOLI\ 1 �aF_i i i ` � i : , : I '�.+h4 n3.til'._C d�..��i.GAb.a..����!.c„m i.i �tu:e�:��i'.w � .� � � � .� :� U � U . r, .5.: �1. CC s. � t-� CC � .� a � r_ .� � � � r � � S U r "— � Retail "B° �C °C° Sou[h Elevativa NOTE: 3 signs per business (North, South, and East) allowed for the easternmost bay ONLY. .a,.su�: v� _��.wl ��. L�GI. �,:1.-�- _ �'' '�;I_ �� � -� � �, ,:;.:' : � --- — . . Retail "13" & "C" i !�lurth Elc�•�itiun NOTE: 3 signs per business (NOrth, South, and East) allowed for the easternmost bay ONLY. Wcsc Elcvt3tion _ _ _ LAND Pianning Landscape Architecturs DES I G N Environmental Services Transportation SOUTH �,o,<<.,,,��M� � ,5, �.��.,P,m�� . � ,,a� I e..i6 +i6A.`J' + F,n 5.'lf2 Ci>urtvard EIc� �tion Marc Wiener AIA A RCHITECTURE/ PLANVI V G 33 Suu[heast Foiirth Street, Boca Ra[on +3�132 �61-7?0-Alll East Elcvation NOTE: 3 signs per business (NOrth, South, and East) allowed for the easternmost bay ONLY. Ei�� in�nux•ncal GraF�hic D�sien: Glen Welden & Associates, LLC � f:XOLL\C (\'17 ) DRIF E 1\C�R>il\ IL:H(::1��1L1VA:�)b_'i �l4 �i).i�,.>C .I�.i,l�Ci�k \ Ct�IY'. c� .� v � .� U u � � CL S-i S-. � � .� � bn, r �� � � � C m ,� � 1 U r � ,�:�, �. � , ,�� : �� 4 „ ,,,... , �i,:riu.:::e.�� i _._ '.l.11!':1��::1'�'� I � V 44" 10'-3 314" VETERINARY � / ��.'`V M vsH� HOSPITAL � EQ 8'-0 5/8" EQ ,� FRONT ELEVATION SCALE: 3/8"=1'-0" DESCRIPTION: CHANNEL LETTERS: ONE (1) SET OF WHITE L.E.D. INTERNALLY ILLUMINATED CHANNEL LETTERS WITH REMOTE TRANSFORMERS. WHITE PLEX FACES WITH DAYINIGHT PERFORATED VINYLAPPLIED TO FIRST SURFACE.1" BLACK TRIMCAPAND BLACK RETURNS. LETTERS TO BE FLUSH MOUNTED TO BUILDING. FONT IS BOOKANTIQUA BOLD. CABINET: SINGLE FACE CABINET WITH LEXAN FACES & VINYL COPYAPPLIED TO FIRST SURFACE. INTERNALLY ILLUMINATED WITH H.O. FLUORESCENT LAMPS AND ELECTRONIC BALLAST. 2 PROPOSED SOUTH TOWER ELEVATION NOT TO SCALE 3 EXISTING CONDITIONS NOT TO SCALE L� NOTTO SCALE Boxed Sq Ft: 52.77 5" VARIES S 1'1P� SPECIFICATIONS: PLEX FACE CHANNEL LETTERS WITH REMOTE POWER SUPPLY. MATERIAL DESCRIPTION Mi ALUMINUM REfURNS ANO BACKS. FINISH TO BE BLACK INSI�E OF LETTERS TO BE WHITE. M2 1" BLACK JEWELITE TRIM-CAPS. M3 1/8" WHITE PLASTIC FACES WITH TRANSLUCENT PERFORATED VINYL APPLIEO TO FIRST SURFACE. M4 WHITE L.E.�. $TRIPS MOUNTED INSIDE OF LETTERS. M5 FLEX CONDUIT OR PASS THRU-SYSTEM. M6 L.E.�. STRIPS TO BE MOUNTE� TO RETURNS OR BACKS OF CHANNEL LEffERS WITH V.H.B. TAPE ANO SILICONE. M7 1/4" WEEP HOLES AS REQUIRE� (EXTERIOR LOCATIONS ONLY�. M8 MOUNTING HARDWARE �TYPE TO BE �EfERMINED BY WALL CONSTRUCTION�. M9 1120 VOLT) L.E.�. POWER SUPPLIES BEHIN� WALL. M10 �ISCONNECTSWITCH. M11 PRIMARY ELECTRICAL LEA�S, POWER TO SIGN BY OTHERS. CIRCUITS REQUIRE�: ONE (1 � 20 AMP. 120 VOLT CIRCUIT OEDICATE� TO SIGN ONLY. r-' '� BENNETT LIGHTING MAINTENANCE 4645 SOUTHERN BLVD., SUITE J WEST PALM BEACH, FL. 33415 PH:561-688-1511 FAX:561{SB-5752 Client: Veterinary Specialty Hospital Date: January 04, 2010 Drawing Number: Veterinary Hospital-SouthTower_R3 Revisions: DATE: DESCRIPTION: 01-07 WaIlCabinet 01_18 CabinetandChannelLetters 01-24 Centered"HOSpital' - 00-00 NR NR 00-00 NR • 00-00 NR 00-00 NF � 00-00 NR ' 00-00 � 00-00 NR Sales Person: JOHN BUCHANAN Scale: AS NOTED Drawn by: P. NAUDE CLIENT/LANDLORD APPROVAL ❑ APPROVED ❑ APPROVED AS NOTED ❑ REVISE AND RESUBMIT Signaiure: rne: oi.ex�ia�s ox�xrs� o wimcee r�.,.0 svrcixc.naxs exo THIS IS AN OflIGItUL OHFWING PROVIDEO AS PFHT OF F PLRNNED PRQIECT pND IS NOT TO BE EXHIBITE�. COPIE� Op NEPNODUCEO WITHOUT THE WNITTEN PERMISSION OF INTERNATIONAL SIGN COMPRNY ON IT'S AU7HOflIZEOAGENT$. RLLRIGNTSRESERVEO. PflIMANY ELECTRICAL POWER TO SIGN TO BE BY OTNEHS. pLL POWEfl TO BE 120 VOLT UNLESS OTHEHWISE STATED. ELECTRICFL TO USE U.L. LISTED COMPONENTS U� ANUSHpLLMEETALL � N.E.C. STANOFHDS SIGN MUST BE Gfl011NDED IN COMPLIANCE WITH RflTICLE 600 OF THE NATIONAL ELECTPIC CO�E. SHEET NO. 101 40'-10" � '7n / Boxed Sq Ft: 81.67 N� � VETERINARY SPECIALTY HOSPITAL � ,� FRONT ELEVATION SCALE: 3/16"=1'-0" DESCRIPTION: ONE (1) SET OF WHITE L.E.D. INTERNALLY ILLUMINATED CHANNEL LETTERS WITH REMOTE TRANSFORMERS. WHITE PLEX FACES WITH DAY/NIGHT PERFORATED VINYL APPLIED TO FIRST SURFACE. 1" BLACK TRIMCAP AND BLACK RETURNS. LETTERS TO BE FLUSH MOUNTED TO BUILDING. FONT IS BOOKANTIQUA BOLD. �'r ��� �rv. ��:y �-'� � � �� �-� � i� . _ ---.�.�--_,� � VETERINARY S� � � .. �� �li � - -_.. � ��,,..... , � � � �� 2 PROPOSED NORTH ELEVATION NOT TO SCALE TY HOSPITAL 1 �► �►�� �P� °`'��-G: ::� � � �` � , ��� .,,. -�� i NORTH ELEVATION � �' _� � � � � ��� �ollcs�. ._ fR�9 7Pr[�#' . � �, rl� .. m a_ �� � �'.`� 3 EXISTING CONDITIONS NOT TO SCALE 5" VARIES 4 nP� NOT TO SCALE n SPEqFICATIONS: PLEX FACE CHANNEL LETTERS WITH REMOTE POWER SUPPLY. MATERIAL DESCRIPTION Mi ALUMINUM REfURNS AN� BACKS. FINISH TO BE BLACK INSIDE OF LEffERS TO BE WHITE. M2 1" BLACK JEVJELITE TRIM-CAPS. M3 1/8" WHITE PLASTIC FACES WITH TRANSLUCENT PERFORATE� VINYL APPLIED TO FIRST SURFACE. M4 WHITE L.E.O. STRIPS MOUNTE� INSIDE OF LETTERS. M5 FLEX CON�UIT OR PASS THRU-SYSTEM. M6 L.E.D. STRIPS TO BE MOUNTE� TO RETURNS OR BACKS OF CHANNEL LETTERS WITH V.H.B. TAPE ANO SILICONE. M7 1/4" WEEP HOLES AS REQUIRED (EXTERIOR LOCATION$ ONLY�. M8 MOUNTING HARDWARE (TYPE TO BE DEfERMINED BY WALL CONSTRUCTION�. M9 (120 VOLT) L.E.D. POWER SUPPLIES BEHIND WALL. M10 DISCONNECTSWITCH. Mi 1 PRIMARY ELECTRICAL LEA�S, POWER TO SIGN BY OTHERS. CIRCUITS REQUIRE�: ONE (1 � 20 AMP. 120 VOLT CIRCUIT DE�ICATED TO SIGN ONLY. `' ' i BENNETT LIGHTING MAINTENANCE 4645 SOUTHERN BLVD., SUITE J WEST PALM BEACH, FL. 33475 PH:561-688-1517 FAX:567-688-5752 Client: Veterinary Specialty Hospital Date: December20,2010 Drawing Number: Veterinary Hospital-North ROVislOns: DATE: DESCRIPTION: 00-00 NR 00-00 NR 00-00 NR • 00-00 NR NR 00-00 NR • 00-00 NR 00-00 NR � 00-�� NR . oo_oo � 00-00 NR Sa/es Person: JOHN BUCHANAN Scale: AS NOTED Drawn by: P. NAUDE CLIENT/LANDLORD APPROVAL ❑APPROVED ❑APPROVED AS NOTED ❑ flEVISE AND RESUBMIT sioiurvxe.eave auowumes TM.,.0 sveeiric.naxs r,xo omFxaioxs ax ix[u oxnWixes �xe uxoexs*000 �xo caw�er. THIS IS 11N OHIGINM1L URpWING PHOVIDE� AS PART OF F PLIINNFD PNQIECT ANO IS NOT TO BE E%HIBRED, COPIE� Oq flEPfl00UCEU WITHOUT THE WRITTEN PEPMISSION OF INTERNATIONAL SIGN COMPANY Ofl li'S AUTHORIZEORGENTS. pLLflIGHTSflESENVEO. PHIMARY ELECTflICAL POWER TO SIGN TO BE BY OTHEHS. ALL POWEH TO BE 720 VOLT UNLESS OTHERWISE STFTE�. ELELTflICAL TO I1SE U� LLL. LISTEO COMPONENTS � AN� $HRLL MEET RLL x.e.c. sraxoanos SIGN MUST 6E GROIINDED IN LOMPLIRNCE WITH FflTICLE 600 OF THE NRTIONpL ELECTfiIC COOE. SHEET NO. 101 14'-3 3/8" M � VETERINARY M � EMERGENCY � FRONT ELEVATION SCALE: 3/16"=1'-0" DESCRIPTION: ONE (1) SET OF WHITE L.E.D. INTERNALLY ILLUMINATED CHANNEL LETTERS WITH REMOTE TRANSFORMERS. WHITE PLEX FACES WITH DAY/NIGHT PERFORATED VINYL APPLIED TO FIRST SURFACE. 1" BLACK TRIMCAP AND BLACK RETURNS. LETTERS TO BE FLUSH MOUNTED TO BUILDING. FONT IS BOOK ANTIQUA BOLD. , _ _ � 5'-0" � � Z : 5^ � r � �.__...,. .., o� VETERINARY �� �' EMERGENCY ,/ - -.�_ .. .�IP'� a 2 PROPOSED NORTH ELEVATION NOT TO SCALE ._.���:� �._ �� 3 EXISTING CONDITIONS NOT TO SCALE Lc.�. �ci ic NOT TO SCALE n Boxed Sq Ft: 46.87 5" VARIES S neC SPECIFICATIONS: PLIX FACE CHANNEL LETTERS WITH REMOTE POWER SUPPLY. MATERIAL OESCRIPTION M1 ALUMINUM REfURNS AN� BACKS. FINISH TO BE BLACK INSIDE OF LEffERS TO BE WHITE. MZ 1"BLACKJEWELITETRIM-CAPS. M3 1/8" WHITE PLASTIC FACES WITH TRANSWCENT PERFORATED VINYL APPLIED TO FIRST SURFACE. M4 WHITE L.E.O. STRIPS MOUNTED INSIDE OF LETTERS. M5 fLEX CON�UIT OR PASS THRU-SYSTEM. M6 L.E.�. STRIPS TO BE MOUNTE� TO REfURNS OR BACKS OF CHANNEL LEffERS WITH V.H.B. TAPE AN� SILICONE. M7 7/4" WEEP HOLES AS REQUIRED (EXTERIOR LOCATIONS ONLY�. MS MOUNTING HARDWARE (NPE TO BE DEfERMINED BY WALL CONSTRUCTION�. M9 (120 VOLT) L.E.D. POWER SUPPLIES BEHIN� WALL. M10 OISCONNECTSWITCH. M11 PRIMARY ELECTRICAL LEA�S, POWER TO SIGN BY OTHERS. CIRCUITS REQUIREO: ONE (1 � 20 AMP. 120 VOLT CIRCUIT DEOICATED TO SIGN ONLY. r BENNETT LIGHTING MAINTENANCE 4645 SOUTHERN BLVD., SUITE J WEST PALM BEACH, FL. 33415 PH:561-688-1517 FAX:561�88-5752 Client: Veterinary Specialty Hospital Date: December 20, 2010 Drawing Number: Veterinary Hospital-NOrthEast Revisions: DATE: DESCRIPTION: 00-00 NR E7 nn nn Nft 00-00 NR 00-00 NR NR 00-00 NR 00-00 NR 00-00 NR oo_� NR oa_oo NF Sales Person: JOHN BUCHANAN Sca/e: AS NOTED Drawn by: P.NAUDE CLIENT/LANDLORD APPROVAL ❑APPROVED ❑APPROVED AS NOTED ❑ PEVISE AND RESUBMIT THIS IS AN ORIGINAL �fl11WING PROVIDE� AS PRHT OF F PLANNED PROJECT AND IS NOT TO BE EXNIBITE�, COPIE� OX REPfl00UCE� WITHOUT THE WRITTEN PENMISSION OF INTEflNATIONRL SIGN COMPPNY OH IT'S 11UTHOHIZEO RGENTS. ALL flIGHTS RESEflVEO. PRIMARY ELECTRICAL POWEHTO SIGN TO BE BY OTHENS. ALL POWER TO BE 120 VOLT UNLESS OTHERWISE STRTEU. ELECTflICRL TO USE u�U.L. LISTEO COMPONENTS � AND SHALL MEET ALL N.E.G STANOFHUS SIGN MUST BE GXOUNOEO IN COMPLIANCE WITX pNTICLE 600 OF THE NFTIONPL ELECTRIC COOE. SHEET NO. 101 -. ' �`�-_� �1 LI FLORIDA DEPARTMENT OF STATE Division of Corporations November 18, 2010 JORG BUCHELER, DVM COMPASSIONATE VETERRINARY CARE, I'.A. 4019 HOOD ROAD PALM BEACH GARDENS, FL 33410 The mark registration far VSH & DESIGN OF A RED CROSS CONTAINING AN EKG TRACE, UNDERNEATH 1 CAT AND 2 DOGS was filed on November 15, 2010, and assigned document number T1 0000001 21 2. Piease refer to this number whenever corresponding wiih this office. Please note if the address of the owner changes, it is the responsibility of the owner to notify this office in writing of such change. It should be noted that registration of a mark by the Florida Department of State is a ministerial act intended solely to provide public notice of the registranYs ownership rights. The right of ownership of any mark is based on the use of a mark in the ordinary course of trade and is not based on a grant by the Florida Department of State. Further, it is the responsibility of the owners of an existing mark, not the Florida Department of State, to defend it in cases of infringement. Please be aware if the owner's address changes, it is the responsibility of the owner to notify this office. To facilitate processing, pfease refer to the trademark's registration number on your change of address notice. Enclosed please find your certification. Should you have any questions regarding this matter, please telephone (850) 245- 6918, the Trademark Section. Nanette Causseaux Document Specialist Supervisor Division of Corporations Letter number: 410A00027125 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 � \ lh�,. � . � 1 � -�3� �, .. � ° � � ��� .��i'� C� Y�i. Z'X'3\ .: �"� � k!^" �� `"�� i�a`� ° � e `�.�J, '�Ty\�*�� s���� �s,.'' i a.a�`afk �\\ ° r �sa. � � V�l ERI(�AF�1` �P��IALT�' i-IC1��ITAL � -���ti�� �w��.. ,,�.�, ftniTe Cti'�IdrS: b5t{..�Cuf9slilcExtexitticstlTw� f�l�ck;t(I((�E C�{'�>-3SIm V�tcrvnr�y;piGl�i�yHaSpital.Univier55v:lt(r713''rWartinntalSLalc (i�d:lUO �.4�tir.nf�n»tIiPO`:LYrlluw CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: March 1, 2011 Petition No. LDRA-11-01-000037 SubjectlAgenda Item: LDRA-11-01-000037: Amendment to Code Section 78-61 to simplify the City's build out determination process; to Code Section 78-159 to incorporate "Places of Assembly" use into the permitted use table; and to Section 78-751. Definitions. Public Hearing & Recommendation to City Council: A City-initiated request to amend the City's Land Development Regulations in order to revise and clarify project build out determination criteria; to amend the list of permitted uses, minor and major conditional uses, and prohibited uses to incorporate "places of assembly;" and to amend related definitions. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: PZAB Action: Direct r of Planning & Planning & Zoning: Accountant [] Approved Zoni Project Manager N/A [] App. w/ Conditions , Sarah Varga [ ] Denied N t � M. Wong, AICP ��� �" [] Rec. Approval Martin Schneider, Fees Paid: N/A [] Rec. App. w/ City Attorney AICP Conds. Planner Funding Source: �] Rec. Denial R. Max Lohman, Esq. [] Continued to: [ ] Quasi — Judicial � ] Operating [X] Legislative [X] Other N/A Development Compliance �X] Public Hearing v-�� Bud et Acct.#: Attachments: Bahareh Wolfs, AICP Advertised: 9 [X] Required N/A • Current LDR Section 78-61. [] Not Required . Current LDR Section Resource Manager Date: Feb. 18, 2011 78-159. Table 21. � Paper: Palm Beach • Current LDR Section Post 78-159, note # 49. Allyson Black Approved By: City Manager Affected parties: [ ] Notified [X] Not Required Ronald M. Ferris Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 2 of 12 EXECUTIVE SUMMARY This City-initiated amendment to the Land Development Regulations (LDRs) will amend two sections of the code, and certain related definitions. The first revision simplifies the build out determination process and adjusts timeframes for vesting purposes, while continuing to guarantee surety for all improvements. The second revision will modify the permitted uses, minor and major conditional uses, and prohibited uses to incorporate a "Places of Assembly" use, which will replace the "Churches and Places of Worship," "Auditorium, Public or Private," and "Club or Lodge, Private" uses. The revision will also designate appropriate zoning regulations for "Places of Assembly" uses using a tiered system based on size and potential community impact. The revision will allow small "Places of Assembly" to be a permitted use, rather than a Major Conditional Use, in nearly all zoning districts, while maintaining conditional use requirements for higher capacity uses. I =�_ � �7 : ( rl : Z � 1 � 1 � I �. 1. Build out determination Currently, the City's build out determination process has various requirements for determining if a project is built out depending on the type of development, which can be unnecessarily confusing. In addition, the current process requires 100 percent of infrastructure to be installed, which can be a substantial burden for developments, especially for phased projects. The revised process will allow build out determinations to vest projects in an earlier timeframe, while continuing to ensure all development order conditions are met, and all required improvements remain guaranteed by performance securities. The purpose of this revision is to simplify the City's build out determination process. The proposed revision does not eliminate development order conditions that require monitoring, enforcement, or annual reports, but allows projects that meet the revised timeframes to vest their projects sooner, and with less overlap with other regulatory requirements. Currently, the City's LDRs have five different sets of requirements for determining build out, depending on whether the development is a: 1) Planned Unit Development (PUD), 2) Nonresidential Planned Community Development (PCD), 3) Residential PCD, 4) Pod within a PCD, or 5) Site plan that is not within a PUD or PCD. The proposed amendment will revise the LDRs to refer to either: 1) Nonresidential; or 2) Residential projects; or 3) Mixed Use. Detail about whether a project is a PUD, a PCD, a pod within a PCD, or a site plan not located within a PUD or PCD is not necessary. The proposed amendment will base build out determinations on the build out date set by the traffic impact analysis. Plat recordation is already regulated and enforced by the Division 10, Subdivisions section of the City's LDRs, specifically Section 78-427. Enforcement, violations and penalties. The other requirements listed within the current build out determination processes can be met by establishing final installation of improvements, or providing guaranteed surety for the improvements. Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 3 of 12 City staff also reviewed Palm Beach County's build out period requirements, and utilized similar build out determination language, thresholds, and timeframe terminology. The proposed amendment provides revised timeframes that will allow developers to vest their projects sooner, with less overlap of other regulatory requirements, while maintaining the guaranteed performance securities needed to ensure adherence to development conditions and installation of required improvements. 2. Places of Assemb Currently, the City has three different use categories that all fall under the description of "Places of Assembly." The current categories are: "Churches and Places of Worship," "Auditorium, Public or Private," and "Club or Lodge, Private." Although there may be some variation among these uses, for zoning purposes they all serve as gathering places, and can all be regulated as "Places of Assembly." The purpose of this code change is to simplify the LDRs, while ensuring the City is consistent with Religious Land Use and Institutionalized Persons Act (RLUIPA) requirements. RLUIPA is a Federal law designed to ensure that governments do not impose or implement land use regulations that create a substantial burden on the religious exercise of a person, including religious assemblies or institutions. Part of RLUIPA states there shall be no restriction that "unreasonably limits religious assemblies." Another portion of RLUIPA requires that government regulations of religious institutions are to be "the least restrictive means" of furthering governmental interest. To revise the City's LDRs to ensure the intentions of RLUIPA are met, the amendment proposes to remove "Churches and Places of Worship" as a distinct use category. This will allow the City to regulate all "Places of Assembly" the same, regardless of whether the use is public or private, or secular or religious. Currently, all three "Places of Assembly" type uses are permitted as Major Conditional Uses in the zoning districts in which they are allowed. This means that regardless of size or potential impact on their surroundings, any of these uses would be required to go through the Major Conditional Use process, which requires meeting various review criteria and receiving City Council approval. "Churches and Places of Worship" are allowed as a major conditional use in all zoning districts, except Conservation (CON). "Auditoriums, Public or Private" are allowed as a major conditional use only in Professional Office (PO), and all commercial zoning districts, except Neighborhood Commercial (CN). "Club or Lodge, Private" is allowed as a major conditional use only in CN, Commercial General (CG1), and Intensive Commercial (CG2). Therefore, the use of "Churches and Places of Worship" is actually less restrictive than "Auditoriums, Public or Private" or "Club or Lodge, Private" uses in the City's current code. However, none of these uses are permitted as of right in any zoning districts. The proposed amendment creates three "Places of Assembly" tiers, based on size and level of impact (see table of uses below). Small "Places of Assembly" (less than 100 seat capacity), which have less impact, would be allowed as of right as a permitted use in all zoning districts, except for Conservation (CON). Medium sized "Places of Assembly" (from 101 to 500 seat capacity) would be allowed as a Minor Conditional Use in most Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 4 of 12 Commercial, Office, Industrial, and Residential districts, otherthan Low Density Residential zoning (e.g., single-family neighborhoods) where they would be Major Conditional Uses. Large, intensive "Places of Assembly" (capacity of 501 seats or more) would still be required as a Major Conditional Use in most Commercial, Office, Industrial, and Residential districts. The amendment combines gathering places into a three-tiered "Places of Assembly" use category based on capacity. This change eliminates differentiating uses based on whether they are religious or secular, or public or private. It also allows small assembly uses by right, rather than requiring a Major Conditional Use process. Therefore, the amendment will not only simplify the code, but also reduces the potential for possible RLUIPA challenges. (The remainder of this page intentionally left blank) Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 5 of 12 PROPOSED CITY CODE AMENDMENT 1. Build out determination — proposed code revisions: Staff recommends approval of a text amendment to the following Code Section. The text amendment revises LDR Section 78-61. (d), which regulates project build out determinations (Deletions are �I�, new language is underlined): ARTICLE III. DEVELOPMENT REVIEW PROCEDURES DIVISION 2. EFFECTIVE PERIOD OF DEVELOPMENT ORDERS Sec. 78-61. Effective period of development orders and enforcement of conditions. (a)-(c) (These paragraphs shall remain in full force and effect as previously adopted.) (d) Determination of project build out � � ■ � � � � � � u � � � � • � � � � � � � � • � � � • � ��. . �• • . • .� � ■ . . . . . . . � . . � � . . " . � � � � u u . . • � � . . . . � � � . . . � � � � � . � � � � � . � . . 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[NOTE: The proposed amendment eliminates the unnecessary differentiation based on type of development (i.e., PUDs, PCDs, etc.), and replaces them with categories based on use (i.e., non-residential, residential, or Mixed Use).] (1) A non-residential project shall be deemed built out when the build out date established in the development order is met based upon the required traffic impact analysis, and: a. Buildinc�permits have been issued for interior tenant improvements for 40 percent of the qross leasable area; and b. All required development improvements, includinq, but not limited to, on- site infrastructure common area landscaping (includinq all perimeter buffer and entranceway landscapinq) and traffic impact mitiqations, have been installed. The followinq improvements may be quaranteed by performance security: Traffic siqnals or other traffic improvements that have not been warranted; 2. Interior common area landscapinc� 3. Second lift of asphalt; and/or 4. Certain non-essential infrastructure improvements (such as street liahts or entrance features in inactive areas or future phases) that do not interfere with the overall desiqn function of the development as determined by the Director of Growth Manaqement or the Citv Enqineer. �2) A residential proiect shall be deemed built out when the build out date established in the development order is met based upon the required traffic impact analysis, and: a. 50 percent plus one of the total project units as set forth in the master plan or site plan as applicable have been issued buildinq permits, and 80 percent or more of the total lots have been platted; and b. All required development improvements, includinq, but not limited, to on- site infrastructure common area landscapinq (including all perimeter landscape buffers and entrance ways), and traffic impact mitiqations, have been installed. The following improvements may be quaranteed by perFormance security: Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 7 of 12 1. Traffic siqnals or other traffic improvements that have not been warranted; 0 3 Interior common area landscaping; Second lift of asphalt; and/or 4. Certain non-essential infrastructure improvements (such as street liqhts or entrance features in inactive areas or future phases) that do not interfere with the overall desiqn function of the development, as determined by the Director of Growth Management or the City En_ ic�neer. (3) A Mixed Use project shall be deemed built out when the build out date established in the development order is met based upon the required traffic impact analysis and the requirements of subsections (1) and (2), above, are met for the respective non-residential and residential portions of the project. [NOTE: The revised language vest projects earlier than the previous process, as long as the build out date established in the development order is met based upon the required traffic impact analysis, and certain improvements are either installed or guaranteed by performance securities. The revised language eliminates the requirement for 100 percent of infrastructure to be installed, which can be a substantial burden for developments, especially for phased projects, and replaces it with appropriate development thresholds as long as all unbuilt improvements are guaranteed by performance security.] 2. Places of Assemblv / Churches — proposed code revisions: Staff recommends approval of a text amendment to the following Code Section. The text amendment revises LDR Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses, and Section 78-751. Definitions. (Deletions are ����cl�, new language is underlined): ARTICLE IV. ZONING DISTRICTS Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited uses. (a) —(i) (These subsections shall remain in full force and effect as previously enacted.) Sec. 78-159. Table 21. Permitted uses, minor and major conditional uses, and prohibited uses. (The remainder of this page intentionally left blank) Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 8 of 12 (Please note that P= Permitted Use, C= Minor Conditional Use, C* = Major Conditional Use, Blank = Prohibited) CATEGORY/USE RE RR10 RR20 RL1 RL2 RL3 RM RH RMH PO CN CG1 CG2 CR M1 M1A M2 P&I CONS PDA Note '�""�` (The previous rows of Table 21 have been onzitted for bi�evity, and shall i�enzain in full fo�°ce a�d effect as pf•evioarsly enacted.)�`** PUBLIC AND INSTITUTIONAL 6hdrsbes-apd G 6` G G G G G G G G S' 6'- 6'- 6'- 6'- G S'- �'- G 4� Wases ef-WersNip Places of P P P P P P P P P P P P P P P P P P P 49 Assemblv (capaciiv 100 or less Places of C` C' C` C C C C C C C C C C C 49 Assembly — — — — — — — — — — — — — — — �caqaciN 101 to 500 Places of C" C" C" C' C' C" C' C' C' C' C' C' C' C' 49 Assembly — — — — — — — — — — — — — — — (capacitv 501 or more ***(Intervenr.'ng rows of Table 21 have been omitted for bi°evity, an�d shall re��zain in firll force an�d effect as pi�eviousl�� enacted.) �'�"�` CULTURAL, ENTERTAINMENT, AND RECREATIONA� Art Gallery and C C P P P P Museum, Public or Private Auditeriva�;-Pu�lic � E' G G 6'- er-�wate 61� er-L-s�ge; 6"- G G �rwate Golf Course, C' C' C' C' C' C` C` C` C� C� C' C' C' Public or Private Park, Public P P P P P P P P P P P P P P P P P P C` P 55 Recreation Center, C" C* C" C" C" C` C" C` C" C' C` C' C' P P C' P Public Recreation, C` C� C* 56 Commercial - Indoor Recreation, C* C` C' 57 Commercial - Outtloor Stadium or Arena, C� C` C� C" Public or Private Theater, Indoor C' C' C� Zoo, Pubiic or C� C" C' Private *** (Followir�g �•oias of Table 21 have been onartted f'or brevr.'ty, and shall renanin in fu�ll for•ce and effecl� as previoi�sly enacted.)**'�` [NOTE: The revision to the Table 21 removes Churches and Places of Worship; Auditoriums, Public or Private; and Club or Lodge, Private with three tiers of Places of Assembly, based on capacity. Small Places of Assembly (less than 100 capacity) are permitted in nearly every zoning districts as of right. Medium sized Places of Assembly (101 to 500 capacity) are primarily allowed as Minor Conditional Uses. Large Places of Assembly (capacity of 501 or more) are primarily allowed by Major Conditional Use.] Meeting Date: March 1, 2011 LDRA-1 1-01-000037 Page 9 of 12 (j) Additional Standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (1) —(48) (These subsections shall remain in full force and effect as previously enacted.) (49) . Places of assembly shall comply with the standards provided below. . . . ... ._ .. ._. - -- - -- : .. ._ . _: .. � . . . . • - • . � - . . . . . . . . . . . � . . .' '. . r.t�.� � 1/ � • � ��� �� •• �� • � � � � �� � •• �� � �� u � � � � � • ' • � ' � � � � � � 1 I 1 1 1 � � 1 I a. Reqardless of size, all places of assemblv shall meet City parking requirements and traffic performance standards. �t1�rs7 : _ . . . . _ . : : _ - e • - • : - - - . . .. b. Typical accessorv uses shall include: 1. Sanctuaries, assembly halls, or similar large meeting rooms �rk�e�r-e rolininiic cor�iinoc oro holrJ• 0 2. Community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; 3. Offices utilized for administrative purposes related to the operation of the ' facilitv; q�or,,,,,,,� mornhorirJico „r Y.-.Merchandise related to the operation of the �e-ef�� facilitv may be sold in an accessory retail facility; 5. Playgrounds and athletic fields; and 6. Rectory or similar residence for religious officials, limited to one per place of �er-s�+p assemblv. - • . . . .- •-• . . . .. . ..- -- - . � . • � � � • . � � � � � � • � � r � i � � � � i � � � � � � � � � � / � / � � � Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 10 of 12 1. School, elementary or secondary; 2. Day care, child; 3. Day care, adult; 4. Assisted living facility; and 5. Monastery or convent. e: d. Additional standards applicable to ^h� �r�hoc ���, p�aces of-�uer-sk�+� assemblv are provided below. 1. Up to 50 percent of required parking may be grassed consistent with section 78-373 of this chapter. � i . .. .. . . � 2. ' Places of assembly with more than a,989 500 seats or approved capacity shall be located on and provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. 4. 3. Lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts. �- 4. All day care centers, elementary or secondary schools, monasteries or convents, or assisted living facilities shall provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. � e. Temporary uses such as special events, outside services, seasonal sales, seasonal displays, other events of a limited nature may require a special events permit or approval as required in section 78-187. [NOTE: The revised language: eliminates religious references, and replaces them with generic terms; emphasizes that parking and traffic performance requirements must continue to be met, regardless of size; removes the minimum lot size of two acres, since small assembly uses may be able to locate in existing storefronts or on small lots; and reduces the capacity from more than 1,000 to more than 500 for places of assembly to provide vehicular access on major roadways.] Section 78-751. Definitions. Place of assembly means a buildinq or portion of a buildinq in which facilities are provided for civic, educational, political, religious, or social purposes. Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 11 of 12 [NOTE: The new definition creates place of assembly definition that can be used for religious and non-religious uses.] STAFF ANALYSIS 1. Build out determination The proposed amendment will simplify the project build out determination process, and make it more efficient by eliminating a number of unnecessary specifications regarding the development types. Basically, all nonresidential developments are reviewed the same way, and all residential developments are reviewed the same way, regardless of whether the project is a PCD, a PUD, a pod within a PCD, or a site plan not located within a PUD or PCD. Mixed use projects are reviewed using the residential criteria to determine build out for the residential portions of the development, and nonresidential criteria to determine build out for the nonresidential portions of the development. If a single building or lot has both residential and nonresidential uses, that portion of the development would need to meet both the residential and nonresidential criteria for build out. The proposed amendment will vest projects earlier, which will benefit the development community, while maintaining the protections to ensure that all development conditions are met and all required improvements are installed or guaranteed through perFormance security. 2. Places of Assemblv By combining gathering places for public, private, secular, and religious uses into one "Places of Assembly" use category, and creating tiers to mitigate impacts based on seating capacity, the amendment will not only simplify the code, but also reduce the potential for possible RLUIPA challenges in the future. By creating a tiered approach, small "Places of Assembly," (capacity of 100 or less) which are not likely to create negative impacts on surrounding properties, will be a permitted use. This will make the process more efficient for applicants and staff, and less costly for small religious organizations, clubs, or auditoriums trying to find or build a place to meet. It is important to note, that even when a use is permitted by right in a zoning district, it must still meet all City regulations for that zoning district, such as traffic and parking requirements. In addition, all new buildings still require site plan approval, which ensures potential impacts, such as noise, lighting, and buffering, will still be reviewed and approved by the City. "Places of Assembly" with higher capacities will not only need to meet zoning and site plan requirements, but will also require conditional use approval. The conditional use process requires the applicant to demonstrate compliance with criteria designed to ensure protection of the public welfare, screening and buffering, and compatibility with surrounding uses and neighborhoods. Minor conditional uses are required by medium-sized "Places of Assembly" (capacity of 101 to 500). Major conditional uses are required by "Places of Assembly" with the largest capacities (capacity of 501 or more). Minor conditional use Meeting Date: March 1, 2011 LDRA-11-01-000037 Page 12 of 12 proposals go through staff review and final determination by the Development Review Committee (DRC), while Major conditional use proposals require staff review, DRC review, Planning, Zoning, and Appeals Board (PZAB) review, and final approval by City Council. Both conditional use processes also require public notice, including mailing to property owners with 500 feet of the proposed site, and have opportunities for community input at public hearings. Uses, which may be associated with religious institutions or other organizations, such as daycares, schools, monasteries, or assisted living facilities, will require separate Major Conditional Use approval, regardless of whether the primary use is a small, medium, or large "Place of Assembly." This provides sufficient protections to surrounding areas and existing neighborhoods from the potential negative impacts that can occur if a site has multiple uses. Through this tiered approach, the amendment will make the process less burdensome for small "Places of Assembly," while ensuring that all potential impacts to the surrounding community continue to be reviewed by the City and mitigated as necessary. STAFF RECOMMENDATION Staff recommends approval of Petition LDRA-11-01-000037. � -�;. �: ,� 4� {,: LAND DEVELOPMENT REGULATIONS � 78-61 (6) Notwithstanding the criteria above, a company may qualify for the targeted expedited permitting program if the company is a sanctianed project by the State of Florida or other officially sanctioned economic developnlent organization (OTTED, Enterprise Florida, or Business Develapment Board of Palm Beach County). (c) Benefits. Com�anies that have been accepted into the targeted expedited permitting program shall receive the following benefits: (1} The city rnanager or economic development director shall appoint a single point of contact at the city who shall be kept apprised of all developments relating to the review of the project by the city's development review commiitee in order to keep the project on txack and provide a periodic status report to the company's project manager; and (2) The growth management department shall establish the necessary steps required for project approval in a pre-application meeting, and subsequently, prepare an itemized timetable for the project's coinpletion of the development review process; and (3) The project shall receive priority at every phase of the review process by city staff, including face-to-face meetings; and (4) Tl�e city's development review committee shall review and provide comments relative to the project not to exceed five business days of submission of plans by the applicant; and (5) In the case that major issues arise at any point during the development review �rocess, a face-to-face meeting of all eoncerned parties will be called within two business days so that a resalution may be found in a timely and efficient manner; and (6) An economic section will be ineluded in the staffreport for the project for the planning, zoning, and appeals board and city council hearings. (Ord. No. 1, 2006, § 2, 2-2-06) Sees. 78-58-78-60, Reserved. DIVISION 2. EFFECTIVE PERTOD OF DEVELOPMENT ORDERS Sec. 78-61. Effective period of development orders and en%rcement of conditions. (a) Intent and purpose. The intent and purpose of this division shall be the items listed below: (1) Growth management act. In canformity with and in furtherance of the purpose of Chapter 183, Part II, entitled "the Local Government Comprehensive Planning and Land Development Regulation Act," referred to in this chapter as the Act, this division establiahes and implements time limitations upon the initiation and completion of development to ensure that public facilities and services shall be available concurrent with the impacts of development. This division is intended to ensure the efficient and equitable distribution of capital facilities and services to proposed developments. The approval of proposed developments has caused the city to budget far and to reserve Supp. No. 23 CD78:54.5 § 78-61 PALM BEACH GARDENS CODE capacity for capital facilities and to plan for the delivery of services to the proposed development within the time prescribed. In order to ensure development has been initiated and is proceeding consistent with this division, the city shall monitor and review approved development orders to ensure consistency with the intent and purpose of this division and to further the goals, objectives, and policies af the city's comprehensive plan by: a. Increasing the availability of capital facilities and services for future develop- ments by removing capacity reserved for approved developments that do not meet the rec�uirements of this division by initiating and completing development withrn the time prescribed by this chapter or development appraval; b. Minimizing the creation of an inventory of residential, commercial, and indus- trial development which is artificially inflated; c. Enhancing the value and use of land within the city by identifying and providing a system to revoke or amend development orders which have not been fully executed; and d. Ensuring compliance with conditions of development approval. (b) Suspension of deuelopment orders. Suspension of development orders may occur upon failure to comply with one or more time requirements or failure to comply with a condition of development approval. (1) Expiratian af tinie periods. Upon expiration of any time period established by this chapter or failure to comply with, or continued violation af, a condition of development approval, no new development orders affecting the property shall be issued by the city, and no action which inight tend to vest the development order shall be permitted, until a final determination is made pursuant to subsection (g) of this section. This suspension of development rights shall not preclude the property owner from filing a new petition for the subject property to amend or supersede an existing development order, or the city council or planning, zoning, and appeals board from approving this Supp. No. 23 CD78:54.6 �":.;. �.!; ij� :�" y.�'.�- ,�✓,. .,�y �:: ,.. (2} LAND DEVELOPMENT § 78-61 petition. If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process, except the development order which approves the petition. Effect of suspension. This suspension of development rights shall have the following effect on new petitions and code enforcement action: a. If the property owner files a new petition, no new development orders shall be issued until the completion of the zoning process except the development order � which approves the petition. If the city council or the planning, zoning, and appeals board directs staff to cite the property owner for violating the provisions of the development order, new development orders shall not be issued until the alleged violation has been ruled upon by the code enforcement board and any enforcement action is completed or penalty is satisfied. This shall not, however, preclude compliance with the specific condition after the city council or planning, zoning, and appeals board has directed the code enforcement division to cite the property owner for noncompli- ance with that condition. (c) Time limitations. Every development order shall include a time limitation by which build out of the project shall occur. (1) Variances. Unless the planning, zoning, and appeals board determines otherwise, an owner of record or successors or assigns shall commence construction of the improve- ment or improvements which are the subject of the variance within 12 months from the date of approval. 'I`ime extensions for such a development approval shall not be granted. If implementation of an approved variance is not initiated within such time �frame, the approval shall be null and void. (2) Conditional uses. Such uses shall be initiated and placed in continuous use within two years or as otherwise provided in the development order approving such use. (3) Planned unit developments (PUD). An approved planned unit development shall have a build out date established in the development order, which date shall be based upon the required traffic impact analysis for the PUD. (4) Planned community districts (PCD). An approved PCD and each parcel within an approved planned community district shall have a build out date established in the development order, which date shall be based upon the required traffic impact analysis for the PCD. (5) Site plans not within a PCD or PUD. Site plans shall have a build out date established in the development order, which date shall be based upon the required traff'ic impact analysis for the site plan. Supp. No. 16 CD78:55 § �s-s1 PALM BEACH GAR.DENS CODE (6) Development of regional impact.'I�me limitations pursuant to development orders for developments of regional impact which have been approved after August 18, 1994, shall be governed by the development order rendered for the project, as required pursuant to Section 380.06(15)(c) 2 and 3, Florida Statutes. (7) Development orders approved prior to November 20, 2003. a. If a build out date established in a PUD, PCD or site plan development order has expired, or will expire before December 31, 2004, the build out date shall be deemed extended to December 31, 2004. b. If no build out date was established in a PUD, PCD, or site plan development order, the build out date shall be December 31, 2004. (d) Determination of project build out (1) A PUD shall be deemed built out when (a) all plats for the PUD have been recorded; (b) all on-site infrastructure within the PUD (roads, sewer, water, and drainage) has been completed; (c) all common area landscaping for the PUD has been installed or guaranteed; and (d) all traffic impacts have been mitigated or guaranteed by performance security. (2) (3) A non-residential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been completed; (b) building permits for square footage generating 85 percent of the total average daily trips as determined by the concurrency approval have been issued; (c) all traffic impacts have been mitigated or guaranteed by performance security; and (d} all common area landscaping for the PCD has been installed or guaranteed by performance security. A residential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been completed; (b) all plats for the PCD ha�e been recorded; (c) all traffic impacts have been mitigated or guaranteed by perfor- mance security; and (d) all common area landscaping for the PCD has been installed or guaranteed by performance security. (4) An individual pod within a PCD may be deemed built out if the pod has been platted and all other criteria in subsection (2) for non-residential pods or subsection (3) for residential pods have been met for the individual pod. (5} Site plans not within a PUD or PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been completed; (b) building permits for square footage generating 85 percent of the total average daily trips as determined by the concurrency approval have been issued; and (c) all traffic impacts have been mitigated or guaranteed by performance security. (e) Accountability. It shall be the responsibility of the owner of record at the time of the approval or successors or assigns to monitor and adhere to the time limitations imposed by this division. Failure of the owner of record or successors or assigns to request an extension within such time frame shall render the development approval null and void. Supp. No. 16 CD%H:56 � :,�� �,,, ,� , : , � �' ,,:, . �i �`, �� ,, �J LAND DEVELOPMENT § 78-61 (f� Notifictttion. Notwithstanding that it is the responsibility of the owner of record, successors, or assigns to monitor and adhere to the time limitations imposed by this division, the city may, at its sole discretion and without further responsibility, provide the owner of record, successors, or assigns with a written courtesy notice of the pending expiration of a development approval. This notification is not intended to supplement state law or to form the basis for a property owner to allege that the owner's rights to notice or due process have been violated or abridged if the owner does not receive a timely courtesy notice or any courtesy notice whatsoever. (g) Extensions of time limitations. The following procedure shall govern the review of an application to extend the time limit for a development order or conditions of approval: (1) Minor administrative extensions of time. The department may issue one 90-day minor administrative extension for the recordation of a plat, installation of all infrastructure, and/or the installation of common landscaping prior to the build out of a residential development; or for the completion of a nonresidential development, in its entirety, as referenced in subsection (c) of this section, for a project that has reached a point of substantial completion, but will not be completed prior to the expiration date of the development order. This extension is subject to the owner's satisfaction of all criteria listed below; a. �a The submission of a complete application, together with the appropriate fee, at least 60 calendar days prior to the build out of a phase or the build out of the development. Fees and submission of all receipts evidencing payment to the city for the following, as applicable: 1 2 3 4 Plan review; Building permit; Engineering approval; and An executed potable water and sanitary sewer service agreement. (2) Administrative extension of time. The growth management administrator may ap- prove a one-time extension of up to three years. Notice of all time extensions approved pursuant to this section shall be given to the city council. The time extension may be granted provided the following items have occurred 30 days prior to the expiration of the approved build out date: a. An appropriate application has been submitted. The application must include (i) a schedule for completion of all infrastructures, landscaping, and traffic ameni- ties required in the approved development order; and (ii) a revised sales pro forma describing anticipated annual sales for the project and the number of units left to sell for residential property and anticipated sales or leasing of square Supp. No. 16 footage for non-residential property. CD78:57 § 78-61 PALM BEACH GAR,DENS CODE b. The owner of record at time of approval or successors or assigns has completed or secured all traffic mitigation requirements of the approved development order and traff'ic concurrency approvals. c. The owner of record at time of approval or successors or assigns has either paid all city road impact fees or received impact fee credits for the entire approved project provided in the development order. d. The owner of record at time of approval or successors or assigns has (i) dedicated and conveyed to the city any public road rights-of-way required in the original development order or (ii) conveyed or dedicated any perpetual public access easements required in the original development order. (3) Additional time extensions. The growth management administrator may approve two additional consecutive one-year time extensions after the administrative time exten- sion, provided that the following items have occurred 30 days prior to the expiration of the previously extended build out date: a. An appropriate application has been submitted. The application must include a revised sales pro forma describing anticipated annual sales for the project and the number of units left to sell for residential property and anticipated sales or leasing of square footage for non-residential property and any additional infor- mation requested by the growth management department. b. The owner of record at time of approval or successors or assigns shall have completed the recordation of all plats. c. The owner of record at time of approval or successors or assigns shall have completed the installation of all common landscaping required in the develop- ment order. (Ord. No. 17-2000, § 33, 7-20-00; Ord. No. 10-2003, § 2, 11-20-03; Ord. No. 17-2004, § 5, 6-3-04) Secs. 78-62-78-70. R,eserved. DIVISION 3. CONCUR.RENCY Sec. 78-71. Seope. The method of ensuring concurrency shall be known as the concurrency management system. The system is based upon the city camprehensive plan, especially the capital improvements element and adopted level of service standards. The system is designed to ensure that the adopted levels of service for specific public facilities will be maintained upon issuance by the city of any development order. The system also includes a monitoring program for determination of the availability of adequate capacity of public facilities to meet the adopted level of service standards concurrent with project impacts. (Ord. No. 17-2000, § 34, 7-20-00) Supp. No. 16 CD78:58 . �. s � `�' � �t ��, 1� .' § 78-159 PALM BEACH GARDENS CODE , �„ .;ti� Table 21: Permitted, Conditional, and Prohibited Use Chart P= Permitted Use C= Minor Conditional Use C* = Major Conditional Use Blank = Prohibited PUDs and PCDs = Permitted Uses by Development Order Approved by City Council RESIDENTiAI. Dwelling, Single Family P P P P P P P P P Dwelling, Mobile Home P P P P P P P P P Dwelling, Multifamily P P Dwelling, �vo-Family P P Home Occupation P P P P P P P P P HoteUMotel, Boarding, or P P Rooming Hoixse Mobile Home Park P Residence Hall or pormi- tory Community Residential P P P P P P P P Home, Type I(6 ar lesa residente) Community Reaidentia] P P C C Home, Type II (7-14) Assisted Living Facility C* C* C* C* (1 or more residents) B.ETAIL &c COMMERCIAL Adult Entertainment C* Antique Shop P P P Appliance and Electron- C P P ica Store Auto Repair, General C* R-- Automobile Dealerehip P Auto Rental, Accessory C C Auto Service Station and C* P Minor Repairs Supp. No. 17 - CD78:116 f7 ��� �., �., ��. Ii 1 2 � � � 3 C 4 �i 5 6 9 9 10 11 ,� � '3. ' , I.AND DEVELOPMENT REGULATIONS § 78-159 � � �� ���F ��wl d�\�£� �t � ~Y � � a� ° �G �-\�3•� G��x(�l�� 1�1�1 utiF�t't�� 21Ra'�i ���Z �c. �Y ;G., �'x ..�L � z ` \� . . �'�?0`. ���� '�'� a � :. �y? x ��5. , t ..� `�� � �?r � � � � �� i�� � �� 3� S�� `�� � �. � c �� a .� F. Za-@ 'an •.t➢' c'Y� �. ` � �` > y� � `'1F`".. +.� °yk � �N t � � � hsu��`R � ' � .�a`� �� �, � c% r� a 2 ��. T �?1�7 �� � �. �° i1� �C �� �.( � Lma�� . �e a '�+ +� � D�a` "Y � \ � 1g �4 � f '2 jMy: � <�' k6� �� »> � x' � '0� . � l . .�. �' � 'y� '"\k. ��f' £ ¢ ,� � ��� Vi �.,a �(•i �r� Z �,��, i� � � e �M.� � � cf. �a� � �F�� � ' , `�f �� S�4 r � ' � � 3 � ' L �' t °� � � �n\aM � ">��� �'i. �� T�x� ��.�`�a ��w ta1y� �.'r� R:.l� �m�o ��Q � �: � �,�: �. �i„�, a .�j. � k x.:..., y., �i'sv... z. ,. ...Y,i . . t.. , lr\� c,, z+i ...c�i'.�.T � ��ar:. `�_A`� z'�o.� azp �''� :3o�:.A� �1� �' .,r`�..i3��`. Auto 'I`ire Sales and In- C* P 12 stallation Bakery P P p BarberBeauty Supplies P P p and Equipment Sales Bicycle Sales and Repair p P p p p Boat and Marine Sales p Boad, Watercraft, and C* 12.1 ATV Sales, Ancillary Bookstore P p p Car Wash/Auto Detailing C P Clothing and Accessory P P P Store Consignment Shop F P Convenience Store w/Gas C C 13 Sales Convenience Store w/o P P 14 Gas Sales Department Store p p Discouut Department P 15 Store Drugstore or Pharmacy, C P P General Drugstore or Pharmacy, C P P P Limited Farm Equipment and P P p Sales Feedstore p p p Floral or Florist Shop P P p Fruit and Vegetable mar- C P P ket Gift and Card Shop P P p Grocery Store, Retail C P P Supp. No. 22 CD78:117 § 78-159 PALM BEACH GAR;DENS CODE , } �j�y`i�: ,5:, .�.�. � Q. � f N � F .. i . � . \ ��y ' . < � • �.`i`�. .3:�.i.��. :�;, ��r�. S .s� ..�. .:.; Hardware, Paint, Glass, C P P 16 Wallpaper and Floor cov- ering 5tore Hobby, Fabric, and Graft P P P Shop Jewelry Store, including P P P Repaii of Jewelry and Clocks Landacape, Nursery, and P P P Garden Supplies Lawn Mower Sales and C P P P Repair Lumber Yard and Build- P P ing Materials Machinery, lbols, and P P Construction Equipment Sales and Service Medical and Dental sup- C P P P P ply Sales Motoreycle Sales and P P Service Nightclub, Bar, or C* C* Lounge Pet Grooming Shop P P P P P Pottery Shop P P P 17 Recreational Vehicle C* 18 Park Restaurant, General C P P P P 19 Restaurant, Fast Food C* C* 20 (with or wLo Drive- through) Restaurant, Specialty P P P 21 Restaurant, Quality P P P 22 Restaurant, Take Out P P 23 Retail, General P P 24 Showroom, General C C 25 Supp. No. 22 CD78:118 � �`,� \� I LAND DEVELOPMENT REGULATIONS § 78-159 3f> tb C S� �1 r � \'3 �, 1���4P'�!.' � iv. W aY' "�'"� � �, a '� t - r o Hq ° �'✓ � �- s . � ' :> A `�C'�" YC�'',i a ..� � �c�"' Z D<'�' t�Z: �'�'+ :�� \ i& � C � �b�'� at<p s;�r.� `. � x<�r a4��'✓Z,`R ) ��'��'r � '�> i � � � � . Fj,� . n > s , a aL M � i > 'C.v �n�`t i i� A „�t, �,�vl,��' � o"� N. Y' y EM ''x`` S"'E M. � �y. T`� �� �c.� � � ' h�v. .,� � ��e ��,y ^�'4oi2N�'�p 3R "�"Y �'Z> 7 "a i ��'�t �j'y� : � �, �� F.( d � '� t "�i ��'ti{ h�ii '� "t�" ,�, '�',,: �� , CV' �i ( �kx T`'� �� �,�-�� i'�t � � � � � � � � �. � � �� � � �:� T� C} 3(� ` � �4 .,w":,+,o<S.$..��-s3�,�`'�T ....n.��a."'S ..� : t,.�- � � � � .-,A,��t c �-� �, ����� �. > .. a ;�.;2� 9� ia , ➢�.,. Studio, Instructional P P C 44.1 St,udio, Professioual P P P C P 44.2 Thrift and Used il�Ier- C C C 26 chandise Store I'ERSQNAL SER,YICES Animal Boarding Kennel C C C C 27 Auto/'I4�uck Fleet Mainte- p nance Shops and Ga- rages AutoP14•uck Bod,y Repair p p 28 Sliop Automatic/Self-Seroe Car C p p Wash Bank/FinancialInstitu- C'�' C C C 29 tion w/Drive Through $az�k/I'inancialInstitu- P P � p tion w/o Drive Through Banquet Facility C" C" C"' C"` 30 BarberBeauty Sllops p p p Blueprinting p p Boat Repair P 31 Business, 'I'rade and Vo- p p cational Schools Catering Service p p Celnetery and Mauso- C�` C" Ca` C"` C" C"' C� C�` Ca` C"` leutn Clinic, Medical or Dental P p p Cold Storage Faeility p p Cantractor's Storage C C 33 Yard Data Processuig Sez�vice P P P P 34 Day Care, Cl�ild and C"' C� CA' C"' 35 Adult Day Care, Famil,y P P P P P P 3g Supp. No. 23 CD78:119 ,��' 78-159 PALM BEACH GAR,DENS CODE 1 �J� ��i.s">��+3 � )<°li�k � � � Jx 2� � l ' t y < y�vY � � ?�2� £ or. t > ♦ ' a d 2iz Y,> �Y,� S T' , i �:-> s ». SC � w� Y \ � i <� �i �, i � a . w �r a � av.. 4� . � ;�. � Z eaa� � S', ', t s �T m F a< %03�. �s � x �, ,� �. b � r � �t Fii - i �, y .. ''v::F <�� ; �i r <S < <' A. � � �2 h � � � >yV',� t � ..1 n/ �F � � k- � �'�'`t` � a � �� � r� t� ��' S �i '�st x � r � b k c qs �n� a� vr}��.. 2 , ��'�is�t3 s C� 'Q� u t�kx� sk j� � e^1� � a 'C' � ' �i � � � � xd� i �' � �'x i`�� S'� ��W - 3' � ' +ec r` �,E < ry,� /jyV�} � 'C �{ c � � 1\ (�, � A � �' \ �� c t � � �l � Y � � � v � � � ""( � ( � � � � � �+� � �� � � � "Z� t � �'� � bc��; r� h �� ' ^� �i : ? .. > . � 1. ' � � � �,.� : .a�� , �l_, a �i? �', , y,• ;a ,� �r€�. .,a /ti� �<�...A.� ����R "v�?3a.`e�a1 �.:� io .,ti� » �p -` Dry Claaning P P P P 37 Electronic fZe�air P P P P 38 Emergency Health Care P P P 39 Express or Parcel Deliv- P P ery Office Express or Parcel Deliv- P P ery Distribution Center Extermination Service P P Funeral i3ome P P Health, Physical Fitness, C P P C Weigl�t Reduction, and Spa Housekeeping and Jani- P P P toi�ial Services Laboratoiy, General P P Laboratory, Deiital or P P P Medical Laundry, Self Service P P P Laundry �nd dry-clean- P P P ing Pickup Station Laundry, Linen Supply P P a�id Cleaning Service Locksmith P P P Maeliine Sl�op C C Mail and Packing Store, P P Private Marina, Commercia] C* C� 40 Marin�, Private Mooring C••' C'" or pock Massage Therapist P P 41 Motion Pioture Studio P P P Nursing Hon�e or Conva- G" Ca' Ca` P 42 lescent Facility Supp. No. 23 CD78:120 � �� - ,> LAND DEV�LOPIVIENT � 7g-15J i ;- � � x?�N't�` �n�'^"j,jr�W.A �. h �.� e �ig i ylj �` �,F 4'^�r+4{ '�� h >' . * � 2 � f . t?� ` �4� ,�. af t:YC:� Y .t�" . q dk� e� ++51� � iP .� �s �'.� i •v- �:; u+� a Y. rc^� ���, X-iJrh x-V. i tk.R "'w v" x� ' i i.,4. �g' e E� � m':� E'�{�.t TK �v x . � Li s,c.,4-,�, �i`;?-C�' �s,. � ��.� K'�'S . i� Q,* `�,.� S i �p ,�"� t AR w..w y-�:e r �,8,. �n W�� 7: ' ^a� L' ^� Y--� a � t''v'(mu•s, i [k� y.4 is t -' '. 2 � �k,�,, w �� ¢ .. h°. � �M�'� S'�ji`! ��`'t ,�':*,w4k ��'� .,,r �S'Ef � � �}'.�" �w �..: w� bi; � �S�i�ie'?���+�v�� ��fl F'�'�"t�',�S��g�� s. ' . �-�`�` �' . � t � 4 �� �� �� `�� qe �1}j'� �,j' � ��d Y.�. ��`4r'k�; �} ; 4 �,,{°° � ��� � � �.::� �`t�A �.�•�'����.�&a� .�"v,'�o� G.'a...'i1ro+£ ..�n :`rV � 4�. �.., :','�+)�wu �.��.,{ ..{�.,�^';,L .�S',..hi��wn 6y:��.'.��,w�.•j[rsj r�l. �S��v<, ti��� mR . a �s' �t eK �t Painting a7id Decorating P T,' Contrictor Personal Services y p p PicCure Fr�iining P P P I' P F'IioCo Studio and Pro- (; C (; — cessing Yrint ShoP C C P P 43 Self Service Storagr, r� C°� C� C* qq Shoe Repair p p y Studio, Instructional j� p Studio, Professional p p p p Tailor Shop p p -- Travel tl�ency P P P p — Video Game and Amnse- p p 1� menG �Parlor Vicleo Rental and S��l�s P P P OF�IQE — 13usiness Incubator p p F:mployinenl:0{'fice P p h6 lntc;rior Design, includ- P P P 9�7 i�lg Sales Of�'ice, Meclicttl oi• De�it�al P 1' I' P 47,7 Officc�, Pirofessional and T' P P P P P I' Business Optical, Optician or Op- p p � to.metrist OPfices Veterinary Office and P P Y P C C (; 4$ Clinic PUI�LIC AND INSTIT[7`P�QNAL Ch�u•ches and F']aces o(' C'° C;,i: �.:� ��a: C,: �,:r. C:�: c:,: c:r. �,:,: C;.i: Ca: C:i: ��:i: c:r. C::: c:�: C"` C"` �9 Worship College or University, C:�: (;� --- I'ublic or PrivaCe s��p. N��. 2� c��s:121 ti 78-159 F'AT�M BEACH GARD�NS CODL z'z� Y z � { L � St K �a �s � '� i4r � "rv""' c t : v ti �.ti � ti, `" "� y,✓ . -il'Riv � x i k�`,'`.� "„ i ca 4 " ,n �3 �' i� (Q : 'v �i S '4: 4 ti`i �' i q' 4 ( R k �.` 'S �`iC'. v � �Fx� 4 hm `�T'^ >�.�a ` t V. v � 6',i g+a�x. L� � �o ��' � 7�' v3^'E h� � ,d25 tF x�y�' � �';y� �� ::� �� s yt.�i ?:u+.Q h 5S A4� � 1`K°.� %� �sr .� �, b�1� �' qk i-t � '. aw. mi. i ti a�' � �'i'G. �' ix'drkj�^tiG '+.�'�`c3'v y�i,,.� �;'v i� , ikij 4 '^ "',. ��1va � "�v {�''�i `!H K ���} °S' a �2r� � a .�� � 'k ``+N; "..'" )�'`� '` '+t������i`�'� {� "9a n � ^+4 �'.,} M D )$ ' i '�.,"�h�.." �i P" ��'�.2`ib�i`� tg��i^ t� � V Eix''$ L ���� ' �� � ��� '�� '4� -0� .. � �� �� „',f� � � �1� 4:yL� �M�f '.` i� `y�• , . (� � h� �• ( i \y>�. I' P't`'mi E l9ti :Z.. a . H �,.,.'a;i ..:_ v`�^.,.t; Mi"sr,y.�if v �-'1�= �'�.°, ' . '�i. :�ts�? . .. Q: ,�." to- � r ta�. :. � �",. ''4 ! �s` � iR .s,. kt � _ G Fi ; � k 7 i "�i`. �a$ �- c,�� � . n a .,,r�s: w e99 > ,� 4 �F -a� �s u, 3-v. ZA�.. "C - Governnx:ntal Uses C* C"' C'� �0 T�tospital, Public or Pi'i- C"' C;"` C'" Y 51 vat��� Post Of'tice C, y C r C� C' P C' C* 52 Post Office, Aca�ssoiy P I' [� 1' P P P 63 Satellite College or tJni- C C C C C C versit,y Scllaois, Public and Pri- C� C� C� C7° C' Cr Ca t,� C� C+ C` ('n C� 54 val.e C,ULTURAL, ENTFTtTAINMENT, AND REGREATIONAL Art Gallery ttnd Mu- C.; C P P P P seum, Public or Private Auditoriiun, I'ublic or ��-,: L:' <%" ��:i: �:�: Priv�Yte Clul� or Lod�;e, Private L: C� �%` Golf (JoursE:, 1'ublic or C'" C' C n G* C"' C"' C' C,' C• � C- � C` C' C,� 1'rivate Park, Public P P Y P P P Y I' P I' P]' P I' P��' V F' C" T' �5 ItecreaCion CE>nter, Pub(ic C* C" C' C' C' C"` C'" C' C' C C;'� C r (;" p p C° p Recreation, Commercial - C"' C' C"' 56 Incloor Recreal:ion, Commercial - C'0 C" C"' u7 Outdoa� Stadium or Aren�r, Public (%" (�" ('• ` L' or Yrivate 1'hc;a�er, I��dooi• �%'�� C��` C"` 'Loo, F'ubiic or I'rivt�tie C' C�b C* WHOLESAL,F Builtling Supply, Wliol�- P �' sale. ]�'lorist P P P 1�'ood ProducYs, Whole- f' P sale Storage and Sriles _ Supp. No. 25 GD78:122 , � � ( � �' �1:s:r. „4q�.%r �.,:��. •. . LAND DEVELQPIVIENT REGULATIOiVS § 78-159 t' �.�a3 rv �-�.. r.�+. -L a�7 n-a�.r' 1', K' �°ro.tiF"7`s:,sN t' S c4iE �cK n a "k 4 ^.. n t . tv'`- . � S s Tt �v" � x 4`s� 3Y �e� -7 [n �� 3�4',: �-.�' �'y'ti. �.1� N 3 Ry � f.;�i k��` '� e� r t z�C f i ! s xk r f::4� ''- ::.;� � E <o..+i�'��`s .�,�r�� 4 g��,.F� �' �f.ir.��, hi��4 � H� w y�..vs�, ��: va^' ..'�r �° �� -•.. S f5 i''r:�sLa ���r���ti� yye���c�.�h. t.:f't'^�3 � )".' t �' e'*t�� . '�. �i� "�°c4 v� i-�"ttr p � [ �C,L � a„ i' Syti k. � -.ii �v c j - e° > � ti . �. P �'� t �� y{'i �. v e y e �r �r' e � c S ��' � w5 ��9 i tiY. i .� �.'1 � `� �+�i�i� G�. �s �'� •„Y Y`+`�i �r,�4 i' t c- .� �;. ��4k .y. � y . v �•y$ .�.a� '�^�. ix i>�� � 3�� a �h+Tt< "Y< � � to ^. � i>'� i � R^•M � Y's i` h cr9$f� r�'a Wa i�,�e �.< il.tia � C � F'�{'�bfv,��` � t`�� �.>�+�� v1 � . t e�1 �k;Jr'�e� j�7y"tS �`v'-E .e�{. 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' � 1 _ � " """""' ' � � � , .. .... ...�� . ���.. .. .... ...���. ���.. ....... ....��... ° • a � � , .�. ...... .... �. � � 1 L .. .. � ■ . ..� . .� � . ... .. . , '1 ��, ' ' I� �' I � 1 � � � ee emem�memoeeeemo m�� Supp. No. ZG CD78:123 § 78-159 PALM BEACH GARDENS CODE �t �,'� .i.:}om�h'.ifr �:- x'^` e � ,1��� �-'� � t � �i �<f��7i�, a,.^uy �itK`v�F��,,��'iq gi'�{'`'�1 '4�'{�� �'tt243'3�<�'i�H�H2" P�+'� .�'�"`F;� - E4�''§[�R' . ���. .�. �'��.i� .._ Yr ,—�`,` ����.��, ,� ��K�y� � t.,�`h �1-P;�,y Y,�Sy�,�1 '"`�7��u3��0�. {��a�c� ����.°�a°�:„�.4 � � e r��...'�� t�-0.I)ts.. ,?� '-%C� 5.5. 3ti h,a �r < ..r �`t ?' - : � 3 r.-� �"' C1�'� .�n's �'�- '�T� P-''' 1{a �.i . # ��� �... r[ , � s.y��,�„i'�j��' c, � �� r �' � r�� � ep2{K��� i i� . �F ynio�.F � � S✓ P'f 4 j.� 2� ry.i..� . Y6 �r �4�_,�',.. `}`� � x o( �` iti �:-�#ti �� �L� l"�!. 5� l� t i"' �-�C S C` I` vR E\''�~ ��$�l \g >>'1,�}�°` d e� 35 Y.' 1 4s.ic^ 4 f a . ot 2! ,1.-. , F G> a, .�: tC .� � �[ 4 EG7 3-g. t.� �. S y x 2'- ys. 9 g t x . -c 4x a( �,, a. : i� c` kr f �� s' n � i r � t t�,� f�: o{ C c �i 3�'c� e i� s�t d� ��. x k�, '�.j� R �• . t. [ � h YtL �t� ., S"{� [i� ! 1 x x f n3t i F ��. C r � R p1�.°e �!p� � 1� ^�� � � 3 2 1' e ,t� .�,t^+C�. �5 `+� �r n{�C3 J�' �t}� �. 4C M.Y;.�7 ���a '7? qi'S; y�1�s .. c:< �' �. ) 54�rt.��'`;��t4._v?��F .`�ix"K �at 1.}M1e f1� .t"�� ,.. t��, �"114'�r�'vy'� �"��'���W�`Vti.".�i � "t R f..���a'��.���� �;�� �,?.v1�3'�' l�� 'L��.aa�:-.:4s u,.iz,,,..,<.?k.t�.,.._ t...... ,.2i....�r r.r..�.! C,.,.a:'�v....1�a,A.ri..::g.� .i..cFa�.:�1�� � �Li.i�Y. s,aa,..,..�c ��z... &..-rss+�4ti... �A .YS_ x'cs:.� �_.a.:;� t*��u-' 1� I � � � • •, ' ' ' �� ����� �� � • ~ • oe e a ��.......�........ ..�� • � • � . � „"„"""1„' �,��I � ��-���0 ���oA00� �■� ��00� '�■ ■�■00 ■ �0m s ' � �� ��� ■ ■ �� � � . ' r � . � • ������ , • �1 �' , ��� • � ���0 � �� �. • �� r � �� �������..� � �e eee oee �����m (j) Ac�dr,tion�.l standcr.rds. The following standards apply to specifc uses as indicated in the "Note" coluinn of `t'able 27.. (1) I��ome Occupations. Home occupations are commercial, or occupational uses performed in a residential dwellin.g unit by a resident or fam.i].y meinber. Hoi»e occupations are subject to the standards listed Ue.low. a. On.ly lawfu.l residents of the dwelling un.it sl�all be engaged in the occupation. b. The use of the premises for the home occup�tior� sha.11 be clearly iilcidental and subocclii.�ate to its Lise fo.r resi�lenti.al purpases by its �ccupants. Tlie use shall not change the residential cha�acter of tihe premises. c. There sl�all be no ch:znge in the outside appearance of the building or premises, or otizer visible evidence of the cc�nduct of' the home occupai;ion. d. I�o.tn.c occt�patiolas sha11 not be conducted in auy accessory buildir,�g o�r.� str.ucture, or ai�,y open po:r•ch oi• carport which is attached to and part of the princi��al �tructure. e. lIome oc�upation sliall not occupy znore t.han 15 percent of the floor arca of' the dwelling unit, excluding a1.1y open porclz, attached garage, or similar space not su.ited. or in{;endeci for occupancy as living qu,arters. f. Traffic shall. not be generat�d by the hoine occupation in greater voluilles than would normally be expeci;ed in a resiciential neighborliood. supp. tvo. 2s CD78:124 :'z;;'4 �: .:k; ":;.�;;: ,�:. �, % - �- , �"" .� LAND DEVELOPMENT � 78-15J 2. A pharmacist or health care practitioner wilen administering a cantrolled substance to a patient or resident i•eceiving c�zre as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care Eacility for tl�e developtnentally disabled which is licen�ed by the state. 3. A health care In•actitioner when administering a controlled substance in the emergency room of a licensed hospital. 4. A liealth caz•e practitioner when administez•ing or dispensizlg a controlled substance to a persoi� under the age of' 1.6. 5. A health cai•e practitioner when dispensing a one-time, 72-hour emergency resu�ply of a control.led substance to a patient. b. Addi.tionally, the health care practitioner responsible fc�r the operatic�n and/or supervision of ai1,y medical or dental off`ice shall execute an affidavit acknowledg- ing the regulations set f'orth hereinabove prior to payment of the required business tax, and annually thereafter upon renewal of same prior to the issuance of a business tax rec�ipt. I�'ailure or refusal to execute the required aff davit shal] constitute prima facie evidence that the suUject medical or dental office is operating in vi.olation of tlie Code of Ordinances, which may result in code enforcement action, revocation of' business tax z•eceipt, and/ar any other actions permitted by law. (48) Veterinaiy office and clinic. Veterinary offices and clinics with kennels and/or over- nigl�t boarding facilities 5ha]] not be allawed w7less soundproofed and approved as <� nzinor conditional use. (49) Churches and places of wc�rshi_p shall comply with the staildards provided below. a. Less than 1,000 permanent seats or. approved capacity may be located as a major conditional use in any residential zoning district, and in CG-1, CG-2, ancl P&I zonin.g disti'icts. b c Supp. N<�. 2�i 1VIore than 1,000 permanent seats or approved capacity may be locatecl as a major conditional use in tl�e followiaig distiricts: CG-]., CG-2, PI, M-1, M-lA, and M-2. Typical uses associated with churches and places of worship include the follow- i ng: l.. Sanctuaries, assem�bly }�alls, or sim�ilar large ineeti_ng rooms where reli�ious services are held; 2. Conzmunity centers or fellowsl�ip halls, wl�icl� may be tlie site of'religious services, but also used f'or community, athletic, fi�aternal, social, civic, charitable, and recreational programs; 3. Of%ices utiliaed for administrative purposes related to the operatiqn of tlic church or place of worship; 4. Religious merchandise ox• inerchandise related to the operation of thc� hotise of worship may be solcl in an accessory retail f'acility; CD78:144.1 � 78-159 5 � 6. PALM B�ACI-i GARDENS CC)DE Playgrounds and athletic fields; and Rectcrry ar similar residence fc�r reli�,rious officials, limited to ane per place of worship. cl �I,l�e foll�wing uses m�y be included within any major conditional use approval �;ranted by the city council to establish a church or p1aCe of� worship, or as an adcliti�nal major conditional use operating as part of the facility: c. 1 z 3 4 5 � Sc(1ool, elementiary or seconclary; Day care, child; Day care, adult; 1lssisted living facility; and Monasteiy or canvent. Additional standards applicable to clrurches and places of worship are pravided below. 1. Up to 50 percent of'required parking may be �ri•ass�d consistent with sec�ion 78-373 of this chapter. 2. Minimum lot size is two acres. 3. Churches and places of warship with mc>i•e than 1,000 seats or approved capacity shall be located on and provide primary velzicular _access from the lollowing roadways: city collector, county minor arterial, state minor arte- rial, st�te, or state principal arterial. Supp. No. 25 CD78:i44.2 f. . � ; , installed or guaranteed; and (d) all traffic impacts have been mitigated or guaranteed by performance security. (2) A nonresidential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantiallv completed, except for second lift of asphalt which may be auaranteed; (b) building permits for square footage generating 85 more than 50 percent of the total average daily trips as determined by the concurrency approval have been issued; (c) all traffic impacts have been mitigated or guaranteed by performance security; and (d) all common area landscaping for the PCD has been installed or guaranteed by performance security. (3) A residential PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantiallv completed, except for second lift of asphalt which may be guaranteed; (b) all plats for the PCD have been recorded; (c) all traffic impacts have been mitigated or guaranteed by performance security; and (d) all common area landscaping for the PCD has been installed or guaranteed by performance security. (4) An individual pod within a PCD may be deemed built out if the pod has been platted and all other criteria in subsection (2) for nonresidential pods or subsection (3) for residential pods have been met for the individual pod. (5) Site plans not within a PUD or PCD shall be deemed built out if (a) installation of all infrastructure (roads, sewer, water, and drainage) has been substantially completed, except for second lift of asphalt which may be guaranteed; (b) building permits for square footage generating 85 more than 50 percent of the total average daily trips as determined by the concurrency approval have been issued; and (c) all traffic impacts have been mitigated or guaranteed by performance security. COMMENTS FROM THE PUBLIC Request to Address City Council I Please Print A ~ Address: 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.