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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
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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
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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.)
�
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
01•11• 11
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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
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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
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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
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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:
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4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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6 SECTION 2. Application PPUD-07-08-000018 for the Frenchman's Crossing
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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
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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)
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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)
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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:
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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
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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
✓
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G:�attorney_share�RESQLUTIONS�2009U2esolution 15 2009 - frenchmans crossing pud.docx
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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
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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)
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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.
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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
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CITY OF PALM BEACH GARDENS, FLORIDA
DEVELOPMENT TEAM SHEE7 INDEX
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MATERIAL DESCRIPTION
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M2 1" BLACK JEWELITE TRIM-CAPS.
M3 1/8" WHITE PLASTIC FACES WITH TRANSLUCENT
PERFORATED VINYL APPLIEO TO FIRST SURFACE.
M4 WHITE L.E.�. $TRIPS MOUNTED INSIDE OF LETTERS.
M5 FLEX CONDUIT OR PASS THRU-SYSTEM.
M6 L.E.�. STRIPS TO BE MOUNTE� TO RETURNS OR
BACKS OF CHANNEL LEffERS WITH V.H.B. TAPE
ANO SILICONE.
M7 1/4" WEEP HOLES AS REQUIRE� (EXTERIOR
LOCATIONS ONLY�.
M8 MOUNTING HARDWARE �TYPE TO BE �EfERMINED
BY WALL CONSTRUCTION�.
M9 1120 VOLT) L.E.�. POWER SUPPLIES BEHIN� WALL.
M10 �ISCONNECTSWITCH.
M11 PRIMARY ELECTRICAL LEA�S, POWER TO SIGN BY
OTHERS.
CIRCUITS REQUIRE�:
ONE (1 � 20 AMP. 120 VOLT CIRCUIT OEDICATE� TO SIGN ONLY.
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BENNETT LIGHTING MAINTENANCE
4645 SOUTHERN BLVD., SUITE J
WEST PALM BEACH, FL. 33415
PH:561-688-1511 FAX:561{SB-5752
Client:
Veterinary Specialty Hospital
Date:
January 04, 2010
Drawing Number:
Veterinary Hospital-SouthTower_R3
Revisions:
DATE: DESCRIPTION:
01-07 WaIlCabinet
01_18 CabinetandChannelLetters
01-24 Centered"HOSpital'
- 00-00 NR
NR
00-00
NR
• 00-00
NR
00-00
NF
� 00-00
NR
' 00-00
� 00-00 NR
Sales Person:
JOHN BUCHANAN
Scale:
AS NOTED
Drawn by:
P. NAUDE
CLIENT/LANDLORD APPROVAL
❑ APPROVED
❑ APPROVED AS NOTED
❑ REVISE AND RESUBMIT
Signaiure:
rne:
oi.ex�ia�s ox�xrs� o wimcee r�.,.0 svrcixc.naxs exo
THIS IS AN OflIGItUL OHFWING PROVIDEO
AS PFHT OF F PLRNNED PRQIECT pND IS NOT
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WITHOUT THE WNITTEN PERMISSION OF
INTERNATIONAL SIGN COMPRNY ON IT'S
AU7HOflIZEOAGENT$. 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"
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Boxed Sq Ft: 81.67
N� � VETERINARY SPECIALTY HOSPITAL �
,� FRONT ELEVATION
SCALE: 3/16"=1'-0"
DESCRIPTION:
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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.
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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
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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" �
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NOT TO SCALE
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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:
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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
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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
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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
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Meeting Date: March 1, 2011
LDRA-11-01-000037
Page 6 of 12
:__. _• •: . ... . _ :__. .. .. -: - - - -- - �
--.. .. .
[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�.�
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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.
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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
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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
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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
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§ 78-159
PALM BEACH GARDENS CODE
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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
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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
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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
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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
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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
�
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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;
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�} ; 4
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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
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( 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
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LAND DEVELQPIVIENT REGULATIOiVS § 78-159
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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' . ���. .�.
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(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
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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. .
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;
,
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.