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AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JULY 20, 2010 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR:
NATALIE WONG
• APPROVAL OF MINUTES: 06/29/2010
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Craig Kunkle
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Joanne Koerner
Alternates •
Vacant (lst Alt.)
Roma Josephs (2"d Alt.)
1. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
MISC-10-01-000065: A request by Donald Ross Military LLC, for approval to locate
one (1) flat wall sign above the second floor-line on the north elevation of Building H,
and re-orient two (2) monument signs located along Donald Ross Road. The Donald
Ross Village PUD is approximately 45-acres and is located along the south side of
Donald Ross Road between Military Trail and Central Boulevard.
Project Manager, Richard Marrero, Senior Planner, rmarrero@pbgfl.com
Planning, Zoning and Appeals Board
July 20, 2010
2. Recommendation to City Council (Public Hearing)
LDRA-10-03-000029: City initiated request to amend the LDR's to revise the sign
Code
A City-initiated request to amend the City's Land Development Regulations
("LDRs") in order to comprehensively amend the sign regulations regarding the
purpose and intent, permitted signs, prohibited signs, other related issues, and certain
definitions.
Planning Manager, Martin Schneider, Planner, mschneider@pbgfl.com
3. Recommendation to City Council (Public Hearing)
LDRA-10-04-000031: Land Development Regulations changes to Section 78-187 for
Special Events, Section 78-191 for Outdoor Seating, Section 78-290 for Temporary
Signage, and Section 78-751 for Definitions
A City-initiated request to amend the City's Land Development Regulations ("LDRs") in
order to clarify and revise the special events, outdoor seating, temporary signage, and
definitions sections.
Project Manager, Allyson Black, Resource Manager, ablack@pbgflcom
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance with the Americans with Disabilities �ct 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 proceecling, at telephone number (561)
799-4120.for assr�stance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a person deczdes to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Ageney, or Land
Development Regulations Commission, mith 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 ensuYe that a verbatzm record of the pi°oceedings zs made, which recor-d includes the testimoyry and
evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growl�h
Management Department.
Common/pz agenda 07.20.2010
2
i CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
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JUNE 29, 2010
I. CALL TO ORDER
The regular meeting was called to order at 6:00 p.m. by Vice Chair Michael Panczak.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Members Present: Vice Chair Michael Panczak, Randolph
Amir Kanel, Joanne Koerner, Roma Josephs (Second Alternate
Members Absent: Chair Craig Kunkle.
Also Present: City Attorney R. Max Lohman; Staff Liaisc
Administratar Natalie Wong; Planner Kathryn Wilson; Planner P
IV.
None.
MODIFICATIONS
V. BOARDS AND COMMITTEE ORIEN'
Presented Item: City Attorney R. Max Lohman.
VI. REPOR�
Interim Growth
21 Hood Road/Florida Turnpike Parcel Voh
22 Use Amendment, City-Initiated Land Use
23 Parce131.04 Condition of Approval.
24 VII. APPROVAL OF MINUTES
25 Randoluh Hansen
26 Roma Josephs sec�
27 Motion passed 7-0.
2s VIII. PUBLIC H
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No ex parte
1. SWl
All those offering
2. Reeomme
approve tha June 8, 201
irry Present, Joy Hecht,
Craig Kunkle).
Management
IINISTRATOR
n� reported City Council approved the
and the companion Large Scale Land
, City-Initiated Text Amendments, and
quasi judicial hearings were sworn in.
33 PVAR-10-05-A00008: Setback Variance for 118 Via Florenza — A request by Mr. Kenneth
34 and Ms. Rebecca,Riso, applicants and owners, for approval of a variance from the rear and side
35 yard setback regulations in order to allow the construction of a screen enclosure with a rear
36 setback of one (1) foot and a western side setback of three (3) feet where Resolution 71, 2000
3� requires pool and screen enclosures to be setback three (3) feet and five (5) feet, respectively.
38 The subject property ,is 'located in Parcel 5 of the Mirasol Planned Community Development
39 which is north of PGA Boulevard and west of the Florida Turnpike.
4o Presented Item: Kenneth Riso.
4z Staff Presentation: Planner Pamela Chanitze
42 Vice Chair Panczak opened the publac hearang.
43 Public Comment: None.
44 Vice Chair Panczak closed the public hearing.
45 Randolph Hansen made a motion to deny.
46 Roma Josephs seconded.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
06•29• 1Q
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Motion passed 7-0.
3. Recommendation to City Council (Public Hearin�) (Quasi-iudicial Hearin�)
PCDA-10-06-000009: PGA National Planned Community Development (PCD) Amendment
A request from PGA National Property Owners Association, Inc. to amend the development
standards for residential properties within the PGA National PCD in order to address certain
inconsistencies with the community's architectural guidelines. The subject site is located on the
southwest corner of the intersection of PGA Boulevard and the Florida Turnpike. The site is
bordered by PGA Boulevard to the north, Northlake Boulevaxd to the south, the Florida Turnpike
to the east, and the G18 Canal to the west.
Vice Chair Panczak opened the public hearing.
Presented Item: Property Owners Association Mana�er Dawn Le�instein.
Staff Presentation: Planner Kathryn Wilson.
Public Comment: None.
Vice Chair Panczak closed the public hearing.
Amir Kanel made a motion to approve.
Randolph Hansen seconded.
Motion passed 7-0.
VIII. OLD BUSINESS
None.
IX. NEW BUSINESS
Barry Present, variances, laptop computei
communities that do not meet current code;
end of the baseball fields and near the socce
of this
not
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
06•29° 10
� Kanel, other established
for the playgrounds at the
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X. ADJOURNMENT
Vice Chair Panczak adjourned the meeting at 7:23 p.m.
The next regular meeting will be held July 20, 2010.
APPROVED:
AT'
Craig Kunkle, Chair
Donna lOil, Canrzon
Municipal Services (:oord°anatox
Note: These minutes are prepared in cam�lfance 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
06•29• 10
Page 3
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: July 20, 2010
Petition No. MISC-10-01-000065
Subject/Agenda Item:
Petition No. MISC10-01-000065: Donald Ross Village PUD — Requesting approval
of an additional flatlwall sign on the north elevation of Building H and
modifications to ground signage
Recommendation to City Council: A request by Marty Minor, on behalf of Donald
Ross Military LLC, for approval to locate one (1) flat/wall sign above the second floor-
line on the north elevation of Building H, and re-orient two (2) monument signs located
along Donald Ross Road. The Donald Ross Village PUD is approximately 45-acres and
is located along the south side of Donald Ross Road between Military Trail and Central
Boulevarde
[X] Recommendation to APPROVE with two (2) waivers
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: PZAB Action:
Growth Management: [ ] Rec. Approval
City Attorney ,;
R. Max Lohman Project �r� .'� ,�` Senio�r_.Accountant: [] Rec. App, w/ conditions
Manager �v'�!� ' ;' / ':- j �-,'= '
, �,_� �'C=:; t"� [ ] Rec. Denial
Developmentt.¢• Richard J. Ma�rrero Tresha Thomas [] Continued to:
Compliance �� Senior Planner
Bahareh Wolfs, AICP
[ X] Quasi — Judicial Fees paid [Yes]
Interim Growth M nt �] Legislative
Administrator: [ X] Public Hearing Funding Source:
Natalie M. Wong, ICP Advertised: Attachments:
Paper: Palm Beach �] Operating • Project Application and
Resource �,�?�-�� Post [X] Other NA Narrative
Manager--��-�- • Graphics
Date: N/A Resolution 7, 2007
Allyson Black �
[ ] Required . Site plan
Approved By: [X] Not Required Budget Acct.#:
N/A
Affected Parties:
City Manager [ ] Notified
[X] Not Required
Ronald M. Ferris
Meeting Date: July 20, 2010
Petition No. MISC-10-01-000065
Page 2 of 5
EXECUTIVE SUMMARY
The subject petition is a waiver request to locate one (1) flat/wall sign above the fifth
floor-line of Building H, currently occupied by Hilton Homewood Suites Hotel, which is
located within the Donald Ross Village Planned Unit Development (PUD). Currently,
one (1) principal tenant sign is located above the fifth floor-line on the west elevation of
the building facing Central Boulevard, and one (1) tenant sign is located on the ground-
floor facing Donald Ross Road. The applicant requests approval to locate the ground-
floor tenant sign above the fifth floor-line on the north side of the building. The applicant
is seeking a waiver because flat/wall signs are required to be located below the second
floor-line. Staff recommends approval of the subject waiver request.
In addition to the tenant sign request, the applicant proposes to re-orient two (2)
monument signs along Donald Ross Road to provide for better visibility for tenant
signage and the project entrance. By repositioning the signs to be perpendicular to
Donald Ross Road, the applicant is requesting approval of a waiver to encroach into the
required setback from the property line. Staff recommends approval of the subject
waiver request.
BACKGROUND
On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the
development order for ponald Ross Village Mixed-Use (MXD) Planned Unit
Development (PUD). The master plan was divided into two (2) phases of development.
Phase I of the Donald Ross Village MXD PUD was approved for 9,000 square feet of
professional office, a 3,236 square-foot convenience store with gas sales, a 4,000
square-foot bank, a 14,873 square-foot drug store, 13,000 square feet of restaurant
space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use,
and 156 multi-family dwelling units.
On November 18, 2005, the City Council adopted Resolution 210, 2004, which
approved an amendment to the Donald Ross Village MXD PUD for phase II of the
subject site with a 93-room hotel, a 13,500 square-foot retail building, an 18,387 square-
foot medical office building, and a 20,000 square-foot fitness center.
On June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an
increase in the size of the signage on the west elevation of the hotel from 36 square feet
to 53 square feet (Building H) and approved a waiver to allow one additional flat/wall
sign for each tenant located in buildings A, B, C, D, I, J, and K within the PUD.
On Januarar 9, 200$, the City Council adopted Resolution 22, 2008, which approved an
amendment to the development order to re�rnove all conditions of approval associated
with shared parking requirements. Through a previously approved administrative
amendment to the PUD, the applicant had reduced the amount of proposed office and
retail uses and introduced a bank instead of the previously approved restaurant to be
located on out parcel "D". As a result of the reduction in square footage, the approved
site plan provides more parking than required pursuant to the City's LDRs. Thus, the
conditions of approval related to the provision of shared parking no longer applied.
Meeting Date: July 20, 2010
Petition No. MISC-10-01-000065
Page 3 of 5
LAND USE AND ZONING
The subject site is within the Donald Ross Village development and has a future land-
use designation of Mixed-Use (MXD) and Commercial (C). The zoning district
classification is Planned Unit Development (PUD) Overlay with an underlying zoning of
Mixed-Use (MXD).
PROPOSED SIGNAGE AMENDMENT
Hotel Signaqe
The applicant is requesting approval to locate one (1) flat/wall sign on the north
elevation of the five-story hotel building located at 4700 Donald Ross Road. City Code
Section 78-285, Table 24, entitled "Permanent Signs", allows for one (1) flat wall sign for
each principal structure or principal tenant. Currently, one (1) tenant sign exists on the
north elevation and is located above the porte cochere, and one (1) principal tenant sign
is located on the west elevation. The hotel building received approval of a principal
tenant sign on the west elevation of the building in 2007, through the adoption of
Resolution 4, 2007. Therefore, the applicant requests approval of a waiver to allow for
an additional principal tenant sign.
The hotel building's signage only has visibility from Central Boulevard, which does not
have the amount of passerbys as the north elevation facing Donald Ross Road. The
applicant believes that Donald Ross Road is the gateway to three (3) municipalities
(Palm Beach Gardens, Jupiter, and Juno Beach), and would provide the most signage
exposure for motorists driving through the Donald Ross corridor. The applicant has
committed to staff that should the second sign be approved that it will conform to all of
the City's requirements for principal tenant/flat wall signs, and be consistent with the
color and font of the existing signage on the west elevation. A graphic submitted by the
applicant depicting what the sign would look like on the north elevation is on the next
page.
(The remainder of this page left intentionally blank)
Meeting Date: July 20, 2010
Petition No. MISC-10-01-000065
Page 4 of 5
STUDIOSw� Juneib,2ot0
Monument Si.qnaqe
In addition to the hotel signage request, the applicant requests approval of modifications
to the project's two (2) monument signs located along Donald Ross Road. Currently, the
existing signage is located parallel to Donald Ross Road, and is not readily visible to
vehicular motorists due to their paralle� orientation to the road and concave design. The
subject request is to re-orient the monument signs to be perpendicular to Donald Ross
Road, which will allow for greater visibility for the project's tenants (please see attached
photos of proposed and existing ground signs).
To avoid impacting the upland preserve area, which
the applicant is requesting approval of a waiver to
northern portion of both ground signs. City Code
is immediately adjacent to the sign,
allow for a five-foot setback for the
Section 78-285, Table 24, entitled
Meeting Date: July 20, 2010
Petition No. MISC-10-01-000065
Page 5 of 5
"Permanent Signs", requires ground signage to be setback a minimum of fifteen feet
from the right-of-way. Therefore, the applicant requests approval of a waiver to allow for
a setback of five (5) feet from the property line to the edge of the ground sign. It is
important to note that if the sign is setback as proposed, 20-25 feet of landscaping will
remain between the edge of the sign and the Donald Ross Road right-of-way.
STAFF RECOMMENDATION
The intent of Division 7, entitled "Signs", located within the City's Land Development
Regulations is to "...authorize the use of signs, provided they are compatible with their
surroundings, appropriate to the activity that displays them, expressive of the
identity of the individual activities and the community as a whole, and legible in the
circumstances in which they are seen." City staff has worked diligently with the applicant
to process the subject signage requests and is in favor of both waiver requests for the
following reasons:
1. The proposed signage on the north elevation of the hotel building is consistent
with the existing signage on the building and the approved Master Signage
Program for the Donald Ross Village PUD;
2. The ground signage's visibility would greatly be improved by re-orienting the
signage to be perpendicular to the road so that vehicular motorists can easily
identify the project's entrance and tenant signage; and
3. Approval of both waiver requests is compatible and consistent with the high
aesthetic quality of the City and the development for which it is located in.
Staff recommends APPROVAL of petition MISC-10-01-000065 with two (2) waivers and
the following conditions of approval:
1. Prior to the issuance of any sign permit associated with the monument signs
approved with this petition, the applicant shall install protective barriers
acceptable to the City at the edge of the adjacent preserve areas, and
maintain the barriers during the construction process to prevent
encroachment into the preserve areas.
2. Prior to a certificate of completion for either monument sign approved with
this petition, the applicant shall restore any preserve area if damage occurs,
and landscaping shall be completed in accordance with the approved plan,
and inspected and accepted by the City Forester or designee.
k(.
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June 16, 2010
Mr. Richard Marrero
Senior Planner
urban
ae5ign
ki I da
STUDIOS
Growth Management Deparhnent
City of Palm Beach Garden, Florida
10500 North Military Trail Urban Planning and Design
Landscape Architecture
Palm Beach Gardens, Florida 33410 Communication Graphics
RE: REVISED PUD AMENDMENT REQUEST FOR IMPROVED VISIBILITY
OF SIGNAGE FOR DONALD ROSS VILLAGE MIXED USE PUD
Dear Mr. Marrero:
Please accept this amended request, on behalf of Donald Ross/Military, LLC., to revise
the signage program for the Donald Ross Village Mixed Use Planned Unit Developinent.
This let�er and its attachments officially amends the cunent Donald Ross Village PUD
amendment petition. As you know, the petition originally requested a building sign at the
top of the Hoinewood Suites Hotel on its north elevation facing Donald Ross Village.
This revision to the petition requests the re-orientation of two monument signs along the
project's inain entrances on Donald Ross Road. Currently, these sign are located parallel
to Donald Ross Road and are difficult to safely view. The sign's parallel oriei�tatiozi has
prevented the sign from functioning properly, much to the impainnent of the project and
its tenants. The request to re-oi�ient the signs to be perpendicular to Donald Ross Road
will allaw for greater visibility to the project and its tenan:ts without iinpacting the quality
and aesthetics of the project.
Graphics of each of the proposed revised sigi7s are attached for your review. Also,
landscape plans for the revised monument sign orientation is also included. A revised
development application and justification statement, with waiver requests, are also
attached for your review.
Should you have any questions about this request, please feel fiee to contact me at any
time.
Sincerely,
Urban Design Kilday Studios
�� i
`
Marty R.A. Minor, AICP
Senior Project Plaruler
H:IJOBS\Donald Ross Village_10-0301N. American Dev Grp_A,4_.00O1DocumentslApplications\Cover
Letter.doc
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477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
CITY OF PALM BEACH GA�2_DENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beac11 Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request•
❑Planned Community Development (PCD)
aPlanned Unit Development (PUD)
aAmendment to PCD, PUD or Site Plan
aConditional Use
�Annendment to the Comprehensive Plan
Adminisirative Approval
aAdminist�•ative Appeal
DAnnexation
�Rezoning
nSite Plan Review
Certificate
e Extension
cellaneous
�ther
Date Submitted:
Project Name: Donald Ross Viliage Signage Amendment
Owner: DONALD ROSS MILITARY LLC
Applicant (if not Owner):
01-15-10/06-10-10
Applicant's Address: 4650 Donald Ross Road, Suite 200 Telephone No. (561) 684-1040
Agent: Urban Design Kilday Studios
Contact Person: Marty Minor E-Mail: mminor@udkstudios.com
Agent's Mailing Address: 477 So. Rosemary Ave., Suite 225, West Palm Beach, FL 33401
Agent's Telephone Number: (561) 366-11000
IPetition Number:
Application $ _
,Receipt Number:
FOR OFFICE USE 4NLY
Date & Time Reeeived:
Engineering $
1
Architect: N/A
N/A
Engineer:
Urban Design Kilday Studios
Planner:
Urban Design Kilday Studios
Landscape Architect:
Site Information: Note: Petitioners shall submit elect�-onic digital files of
approved projects. See attachment for details.
South side of Donald Ross Road, east of Central Boulevard, west of Military Trail
General Location:
4700 Donald Ross Road, Palm Beach Gardens, FL 33418
Address:
25 41 42
Section: Township: Range:
52-42-41-25-14-003-0010 & 52-42-41-25-14-003-0070
Property Control Number(s):
45.37 acres PUD/MXD
Acreage: Current Zoning: Requested Zoning:
X500
Flood Zone Base Flood Elevation (BFE) — to be indicated on site plan
Current Comprehensive Plan Land Use Designation: Commercial/MXD
Mixed Use Project Commercial/MXD
Existing Land Use: Requested Land Use:
No Change
Proposed Use(s) i.e. hotel, single family residence, ete.:
Proposed Square Footage by Use: No change.
Proposed Number and Type of Dwelling Unit(s) i.e. single fainily, multifamily, etc. (if applicable):
N/A
Justiiication
2
Infornnation conceming all requests (attach additional sheets if needed.}
{Section 78-46, Application Procedures, Land Development Regulations}
Some of the existing signage within the Donald Ross Village PUD
1. Explain the nature of the request:
are not readily visible and does not communicate a message safely and effectively to passing
motorists. The applicant is seeking to modify to existing manument signs to make them readable.
In addition, the applicant is seeking approval for a Homewood Suites signs on the northern elevation of the
hotel. This building sign would be located on the fifth floor so it may be readabfe to passing motorists.
For more information, please see the Project Narrative and Justification Statement.
2. What will be the impact of the proposed change on the surrounding area?
There will be no impact to the surrounding property.
3. Descrzbe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Consezvation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
Not applicable.
4. How does the proposed project comply with City requirements for presezvatzon of natural resources
and native vegetation (Section 78-301, Land Devclopment Regulations)?
3
5. How will the proposed project comply w'rth City requirements for Art in Public Places (Chapter 78
261, Land Development Regulations)?
NIA
6. Has project received conctu7eiicy certification?
Yes
Date received:
JLe�al Descri�tion of the ��biect Pro�er�
(Attach additional sheets if needed)
Ox see attached deed for legal desc�ption.
Location
The subject property is located approxirnately 1/4 mile(s) fiom the uztersection of Donald
Ross Rd., on the �ortll,�t,ast,��th.❑ vest side of
Cent�al Blvd. —
(str•eet/road).
�
Befare me, the undersigned authoi7ty, personally appeaz•ed Andxew Brocic
who, being by me first duly swoin, on oath deposed and says:
�
r
2.
3,
�.u- �
That he/she is the fee simple title owner of the property described in tl�e attached
Legal Descz�ption.
Attached
That he/she is requesting Signage Request �
City of Palm Beach Gardens, Florida.
That he/she has appointed Andrew Brock
as authorized agent on his/her behalf to accomplish the above project.
4700 Donald Ross Road
Street Address
P. 0. Box
1) 684-Ip40
andrewb(cr�,bro ckdevelopmentcoi�.cozn
E-inail Address
Andrew Brock, Ownex
By: Name/Tit1e
Pa1m Beach Gardens, FL 33418
City, State, Zip Code
City, State, Zip Code
S61) 686-9940
Fax Number
Sworn and �.ibsciibed before me this �� in day of J ti�Q,yt� ,��Pl�
My ComYriission expires:
lpyl-!U
.��
_'�_�J'>"�.
; =;ti....r;�,c: SANDRA A. RUDDEROW
*; .� MY COMMISSION Ik DD 590.515
� �- EXPIRES: Oc(ober 1 2010
�%fpf��,qp��, 6ondedThmNotaryPublicUndenvrilers
the
to act
Applicant's Certification
I/We affirm and certiiy that Uwe understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that tl�e statements 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 application filing fees become a part of the
official records of the City of Palm Beacli Gardens, Fj�irida, and are not returnable.
Applicant is:
,�• � '
�Optionee
�Lessee
❑✓ Agent
❑Contract Pt�rchaser
Signature of Applicant
Marty Minor
Print Name of Applicant
477 So. Rosemary Ave, Suite 225
Street Address
West Palm Beach, FI 33401
City, State, Zip Code
(561) 366-11 QO
Telephone Number
(561) 366-1111
Fax Number
mminorQ udkstudios.com
E-Mail Address
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Palm Beach Gar•de��s Growth ManagementDepartn:ent
10500 Nortli Milita� y Trail, Palm .8each Gardens, FL 33410
561-799-4230
Permit #
Financial Responsibilitv Form
The owner understands that all City-Incurred professionai fees and expenses associated with the
processing of this application request are ultimately the responsibitity of the owner. A security
deposit shall be deposited in an interesfi-bearing account with any accrued interest to be retalned by the
Cfty of Palm Beach Gardens.
The owner and/or designee shall 6e Involced on a monthly basis for professional fees such as, but not
Iimlted to, consultant engineering services, legal services, advertlsing costs, and/or any other costs
attributable to the processing of the permit for whlch the Clty Incurred during the prevlous month. The
owner and/or designee shall reimburse the City within thirty (30) days from date of (nvolce. If payment is
not recefved, the City may utiffze the security deposit for relmbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner/designee fu
completed form,
Management De
during the appJ��
Owner
Owner printed name
DESfGNEE/BILL TO:
STATE OF
COUNTY OF
r understands that transfer of this responsibility shall require a
nofarized by the responsible party, and delivered to the City Growth
fle name and/or address of the responsible party changes at anytime
w process.
'��i�2� jv�/2��;�
% - �� — !l�
Date
52-42-41-25-14-003-0070
Property Control Number
Designee Acceptance Signafure
NOTARY ACKNOWLEDGEMENT
_�1or��IC2
(��m ,��each
2 ereby certiFy that the foregoin
��� Zar; e v
to me or h s praduced
g instrument w s acknowledged before me this /2�ay of
f�)1 CbICuJ � �a"� He or she is personallv known
__ as identi ication.
•� /
Notary public signature
Printed name
State of �i �,�.[,L at-large
SANQRA A. RUODEROW
KY COMMISSION 8 QD 590515
EXPIRES: Oclaber 1, 2010
Gnnclsd Thm Nolary Puhllc Underv�rileie
My Commission expires: I n-/-/t.7
��
E-��MEW�C�D
SLd ITLS
-- IiiIton
Paim Beach Gardens
January 11, 2010
Homewood Suites by Hilton
4700 Donaid Ross Road
Palm Beach Gardens, Fl. 33418
Dear City Council Members;
I arn writing this letter on behalf of the ab�ve mentioned, Homewood Suites by Hilton Palm Beach
Gardens to request your attention to a certain matter.
As a public facility, it is of utmost importance that not only our location be 1<nawn by a physical address,
but as well, by proper signage.
We currently have the Hi(ton Homewood Brand approved signage located on the west side of the
building which faces Central Blvd. TrafFic flow on Central Blvd goes north/south, but as you know
Central B(vd is not a major thorough-way.
The I-95 exit, Donald Ross Road is the major through access going east/west for the Jupiter, 7equesta &
Juno townships, as it is for visitors to these areas.
We are requesting that you grant permission to the Homewood Suites by Hilton Palm Beach Gardens to
affix a secondary brand and City approved signage which will help to dissipate most, if noi all of the
complaints that we are receiving abaut inadequate signage, which results in numerous lost patrons
hence, lost business.
I arn available at your convenience for questions or comments you may have.
Sinc
�
Liz (
General Manager
Direct Line: (561) 207-2661
Email: liz.oliver@hilton.com
T11eHiltonFaxzvly Homewood Suites by Hilton° 0 4700 Donald Ross Rd, o Palm Beach Gardens, FL 33418
Tel (561) 622-7799 � Fax (561) 622-7734 o homewoodsuites.com � 1-800-CALL-HOME�
PROJECT NARRATIV�
Donald Ross Village
Planned Unit I)evelopment
Miscellaneous Application
To Amend Project Signage
June 16, 2010
�s
�r� : . !
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Urban Planning and Design
Landscape Architecture
Communication Graphics
Request/Location
The request, on behalf of Donald Ross/Military, LLC., is for an amendment to the signage
package for the Donald Ross Village Mixed Use Planned Unit Development. The request is to
place a building sign at the top of the Homewood Suites Hotel on its north elevation facing
Donald Ross Road and the main parking area for the project. Also, two of the project's
monument signs along Donald Ross Road are proposed to be re-orientated in their current
locations. Currently, these sign are located parallel to Donald Ross Road and are difficult to
safely view. The sign's parallel orientation has prevented the sign from functioning pi•operly,
much to the impaument of the project and its tenants. The request to re-orient the signs to be
perpendicular to Donald Ross Road will allow for greater visibility for the project and its tenants
without impacting the quality and aesthetics of the project and streetscape.
The overall site has a zoning designation of Planned Unit Development (PUD) and a Future
Land Use Designation of Commercial and Mixed-Use. To the south is the William T. Dwyer
Community High School, to the north is the Abacoa Shopping Center, to the east is the
Evergrene PCD, and to the west is Legends at the Gardens PUD.
History
The Donald Ross Village MXD PUD was approved on April 10, 2003, through the adoption
Ordinance 53, 2002, for 156 inultifamily residential units, a 93-room hotel, 9,000 square feet of
professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot
bank, 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of
outdoor restaurant seating and 88,987 square feet of retail use. Within the approval, monument
sign locations were identified, but no signage program was proposed. A year later, the City
adopted Resolution 210, 2004, which amended the PUD and, among other things, adopted a
inaster signage program for the project. The approved signage program identified eight (8)
monument signs along the project's periineter. Two of the approved monument signs, at the
Central Boulevard and Military Trail intersections with Donald Ross Road, were provided as
City welcome signs. The remaining six monuments sign identify the project and some of its
tenants. Resolution 210, 2004 also approved the construction of the 93-room Homewood Suites
Hotel by Hilton. The approved elevations included signage for the building, including a sign on
the western elevation of the hotel at the fifth floor level. In 2007,
Resolution 7, 2007 was adopted which increased the size of the hotel's
western elevation sign from 36 square feet to 53 square feet.
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
H:\JOBS\Donald Ross Village_10-030\N. American Dev Grp_AA_.000\DocumentsWpplications\PROJECT
NARRATIVE.doc
Compliance/Land Use
The subject PUD has a Commercial (11.13 acres) and Mixed Use (34.24 acres) land use
designation. The approved Mixed Use Planned Unit Development is consistent with the
underlying land use. The proposed administrative time extension is consistent with the
underlying land use and the original Planned Unit Development.
Egistin Zonin and Land Use Desi nations & Site Anal sis
EXISTING USE ZONING FUTURE LAND USE
SUBJECT PROPERTY:
Commercial/ MXD PUD C& MXD
TO THE NORTH: DRI MXD
ABACOA DRI
TO TI3E EAST: PCD RM
Evergrene PCD
TO THE SOUTH: P/I P
Dwyer H.S.
TO THE WEST: PUD MXD
Legends At The Gardens
Signage and Waiver Requests
The award-winning design of the Donald Ross Village Mixed Use PUD has created a unique
environment for its residents and patrons. However, the project's signage and signage program
has not achieved its purpose of identifying the project and its tenants and directing motorists
safely into the site. With the petition, the applicant is seeking to correct this situation. In order to
use the signage in its most effective manner while maintaining the aesthetic quality of the
project, waivers are being requested for the signage. The requested waivers are for minimum
deviations from the City Sign Code in order to allow for the project signage to function properly.
Hotel Buildin� Si�n
Waiver to allow additional Building Sign and to place Building Sign on fifth floor level —
Section 78-285 of the City's Land Development Regulations allow for buildings to have sign that
identifies the tenant or use of the building. In addition, the City's signage regulations also allow
for signage per tenant space or bay. Within Donald Ross Village, the five-story, 93-room
Homewood Suites Hotel by Hilton has two signs: a building identiiication sign at the top of the
building on its western elevation iacing Central Boulevard; and, a tenant identification sign
above the porte cochere to identify the hotel's entrance.
The request is to allow an additional Building Identification sign at the top of the hotel's north
elevation, which faces the project's internal parking area and Donald Ross Road. As indicated in
the attached letter from the Hotel's General Manager Liz Oliver, the hotel has received nuinerous
complaints from patrons about the hotel's inadequate signage. As a result, business has been lost
as potential patrons were unable to locate the hotel.
It is coinmon for a hotel in the City of Palm Beach Gardens to have multiple Building
Identiiication signs. Multiple Building Identification signs are used at the Doubletree Hotel,
Marriot Hotel, Einbassy Suites Hotel and Hampton Inn within the City. Hotels, by definition,
serve out-of-town patrons who may be visiting the City for the first time and may be unfarniliar
with roadways and area. Appropriate and functional signage would assist in directing motorists
safely to the hotel where they had placed their reservations. The requested sign on the north
elevation would also assist in directing inotorists within the project to the building. There is
currently no signage identifying the building from the center's parking area and this has caused
confusion among patrons seeking to visit the hotel from the main entrance to the project froin
Donald Ross Road.
The proposed hotel signage would comply with all applicable signage regulations with regards to
letter size and size of the overall sign. The requested sign will be consistent with the existing
hotel sign, as indicated in the attached graphic. The sign request also coinplies with the criteria
for granting waivers founding in Section 78-158 of the Land Development Regulations.
Monument Signs Re-Orientation
Waiver to allow monument sign at five feet from public right-of-way. Section 78-285 of the
City Sign Code regulates the location of monument signs to be a ininimum of 15 feet from public
rights-of-way. Donald Ross Village has three monument signs along Donald Ross Road. The
westernmost monument sign identifies the existing gas station and the federally-required pricing
information. This sign is not proposed to be amended. The other two monument signs, located
at the project entrances off of Donald Ross Road, identify the project and some of the tenants.
These signs are located 15 feet froin the property line and are parallel to the roadway. The
orientation of these signs has prevented the sign from functioning properly, much to the
impairment of the project and its tenants. The request to re-orient the signs to be perpendicular
to Donald Ross Road will allow for greater visibility to the project and its tenants without
impacting the quality and aesthetics of the project.
To avoid impacting the upland preserve area which is immediately adjacent to the sign, the
applicant is requesting a waiver to allow for a five-foot setback for the northern portion of these
perpendicular signs. Donald Ross Road, which carries up to 30,000 vehicles daily, is a six-lane,
divided arterial roadway that is not proposed to be expanded. Currently, there is approximately
20 to 25 feet of landscaped r•ight-of-way area between the Donald Ross Road curb and the
Donald Ross Village property line. If the sign setback is modified as proposed within the
options, the sign would still be more than 25 feet from the Donald Ross Road back of curb. As a
result, the requested sign re-orientation will be aethetically similar to other monument signs
within the City while allowing the signs to be readable to passing motorists. The re-oriented
signs will be in compliance with the approved project signage program and with the City's sign
ordinance with regards to font, color, height, width and sign area.
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Proposed Signage
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ZONING (PCD)
FLUP (RM)
Evergrene PCD
12' Esmt
Additional 12' ROW
for Tum Lane
ruwre �anu use rian ue5iynauon t,im�u
Parcel 4.02 11.13 AC - Commercia�
Farcel 4.04 34.24 AC - MXD
Township 41 S Section 25 Range 42E
MXD PUD
Total 5ite Area 45.37 AC
Development Program
Commercial
Retail 45,000 SF
�rugstore 14,873 SF
Restaurant, 5,000 SF
Outdoor Seating 2,400 SF
"riealth, Physicai Fitness 20,000 SF
Medical Office 18,387 SF
8ank 8,587 SF
Gas/ Convenience Store 3,236 SF
Induding 16 Gas Pump Station
Total 115,083 SF
Professional Offce
Office 9,000 SF
i-iotel (estimated @ 70,000 SF)_93 Rooms
Totai 79,000 SF
Res'sdential
Dwelling Units 156
Area 20 AC
Density 7.8 DU/AC
Upi�nd Preserve Required (25%) 9.26 AC
Provided (25%) 9.69 AC
Including 6.6 acres on site
Including 3.09 acres of oRslle mltlgation
Lake Area Required 5.0 AC
(per 5chaefer Fagan Engineers)
Provided 5.0 AC
Parking Required 742 SP
Perrc�itted Signage - a,033.8 LF of ROW 6 Signs
(1 for First 300 LF, t for each additional 700 LF)
Proposed Signage 6 Signs
Building Setbacks:
Donald Ross Rd. Min. 100'
Military Trail Min. 55'
Central Bivd. Min. 100'
Southern Property Line Min. 100'
*Two Story Building Character
Two Story Chersaer requlrement 51%X 111,260 sL NeighbpRippd Commerdal =56,742 sf.
Provbed:53%X171,260=58,8B7sf (BUldirgsA,l&J)
DONALD ROS3. VILLAGE PARKING BREAKDOWN
PARCELN USE AREA
Shopping Center/Mixed Uses
A Relail 18,000 s.f.
General Offce 9,000 s.f.
Outdoor Sealing 1,200 s.t.
B Relell 13,500 s.t.
O��tdoor Seating 1200 s.f.
C fiestaurant 5,000 s.f.
D Fank w/o drivs�thru5,087 s.t.
E Phartnacy 14,873 s.f.
F Bank wl drive-thru 3,500 s.t.
G Gss Slalion 3,23fi s.f.
I Retail 13,500 s.f.
J h�edical ORce 18 387 s.f.
K Fealih, Phys. Fitness 20 000 s.f. Reouired Provided
TOTAL 128,483s.(. 1/2009.t. 632.41speCes
Hdel/Empbymont Center
H holel 93 rooms 1.1 per room 102.3 spaces
700 s.f. Cor�ference 1/100 s.t. 7 spaces
ToUi Parking ftaqulred 741.7 OR 742 Spaces
Tofal Parkinq I'rovidad 770 Specea
Parcel 4.04 - MXD - 34.24 AC
MXD LAND ALLOCATION MXD HEIGHT
OPEP! SPACE COMMERCIAL
MIN. 15.0%5.14AC MAX. �fLOORS
PROPOSED 15%5.14AC PROPOSED-4PLOORS
RESIDENTIAL HIGH'
COMMERCIAL MAX, L FLOORS
MIN. 0.0%OAC PROPOSEO-3FLOORS
M�� 30.0%102AC EMPLOVMENTCENTER
PROPOSED-24.5%8.40AC MA%. qfLOOR3
PROPQSED_ p FLOORS
RESIO MIR�HIGH' p�6.8AC MXD LOT COVERAGE
MAX. 60.0% 20.5 Ac
PROPOSEO- 58.4%20.OAC COMMERCIAL
M�+%. 70.0%
EMPIOYMENTCENTER PROPoSEO 28.9%
MIN. ppy„�pL RESIDENTIALHIGH
MAX. 30.0% 10.2 Ac M�. �.�'
PROPOSEO 2%,70AC PROPOSED 27.8%
EMPLOVMENTCENTER
MA%. 70.0%
PROP0.SE0 29.5%
Y��
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I PLAN SECTION Y��•
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I ZONING (PCD)
� FLUP (RM) .__
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Notes
• BOUN0.V!! GN' VNFD 6! BENCIII!!X
� NILVOAAFA4XtThN�SYP�TN9911E WEIDN'cllISNOlEONOYAKA
M11aE U�0 UY �ES qeN1MN h9 M1ED CM PN1.
BEfEtDN'J115IEOR1/.WOLMRKYSNTHIII,ITiEi
• AN:MIUIVx 15' WND.'h0 SE16�CK MYtBE V.v�il.v�"c0 fRM SEYLlSI lwES.
• N18Rf YA6MO6�GNlIXY.iIIXUS i0 BERfli�'.mBY RNCLTExGwfE0.
• 9iW flW wM1t BEMNIIE P�VE0.90N T£iMWA9TCM�5RNLi.
� CVRB:`IiCEfFL9tOY51YM'XpMdGHEEXMCOtI51PVC�MFVXS
� ue era»er�uxa wna wnreww�rcxoa ucrore.
. annovxa»u,rawwnox.wov�.nsua�am�roa �roar.��lu
NEPoYTMCMVTM
E VAF�FMAYS AVp iHE S WAllt iHMEUlCEABFITME
• CVXCEVf�u11N INNIIE AW ME 6UtlJfLi iOfF1D11MI5iAENI6.
WNOM.V PNM�W SYY5314LL1 BE PIACE00EHW 1HE SfF//NXIH MtA9
ERE SA'1EN'.W(IdV�4lME 6'�ALLM9pV�5fETETVJM9A1V1F It Vl�
FW! �vENKW' MFA WMEIIE WFEASfOi6 ME NJiPIVIrJEO.
Key
r�c,�r �
Urban Planning & Design
Landscape Architecture
Communication Graphics
The Lofts at Ciry Place
477 S. Rosemary Ave., Suite 225
West Palm Beach, FL 33401
561.366-1100
Pax 561.366. N 11
� Email CAO@udsonline.com
��
na �a�,, �w�,. ��„��. e�a a��,
�eprofeMeG by Nle tlraxinp em anieE by
ene me c�wro a u,a easq�r. ene wem
aeabE for tlw e[duelw uae a Xa spxifietl
,�wd.,,� �,. �, g�a�re«���
o. qa�a ew� �x ce �..a M. v asao�a
b enY P¢rson� Nm. a wrporetla� WTON
� me vn�am remmeepn ame tlatlarer.
JmNumber. 19014.01 P.M.oG
CA�DFlIe: eo-1t.13.0I.C.w
DMe Oravm By
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Scale: 1"= 100'-0"
0 50' 100' 200'
{
�
�'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: May 1, 2007
RESOLUTION 7, 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS
VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW AN
INCREASE IN THE SIZE OF THE SIGNAGE ON THE WEST
ELEVATION OF THE HOTEL FROM 36 SQUARE FEET TO 53
SQUARE FEET (BUILDING H) AND APPROVING A WAIVER FROM
SECTION 78-285, CODE OF ORDINANCES, TO ALLOW FOR ONE
ADDITIONAL FLAT/WALL SIGN FOR EACH TENANT LOCATED IN
BUILDINGS A, B, C, D, I, J, AND K WITHIN THE DONALD ROSS
VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD
TO THE NORTH, CENTRAL BOU�EVARD TO THE WEST, AND
MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DAT E.
WHEREAS, on April 10, 2003, the City Council adopted Ordinance 53, 2002,
thereby approving the master site plan for a planned unit development (PUD),
consisting of 256 multi-family residential units, a 93-room hotel, 9,000 square feet of
professionai (business) office, 3,236 square feet of gas/convenience store, 4,000
square feet of bank, 88,987 square feet of general retail, 13,000 square feet of
restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square
feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross
Road to the north, Central Boulevard ta the west, and Military Trail to the east; and
WHEREAS, the City Council approved an area of Reserve Preserve on the
master site plan that the Applicant was permitted to develop contingent upon off-site
mitigation being provided within the City limits; and
WHEREAS, on July 1, 2004, the City Council approved the transference of the
rezoning, site plan approval, and the conditions related thereto to a separate Ordinance
and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by
Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were
transferred to Resolution 125, 2004; and
WHEREAS, o� Juiy 1, 2Q04, the �ity Council adop#ed Resolution 125, 2004,
which approved the off-site mitigation parcel and a waiver to reduce the width of the
upland preserve areas along Central Boulevard and Military Trail to provide for utility
easements; and
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Date Prepared: May 1, 2007
Resolution 7, 2007
WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004,
which approved a waiver to eliminate the lake maintenance easement along the south
side of the 5.09-acre lake on site; and
WHEREAS, on November 18, 2004, the City Council adopted Resolution 210,
2004, which approved the development of Phase II of the Donald Ross Vi{lage PUD
consisting of a 93-room hotel, 18,387 square feet of inedica! office, 13,5Q0 square feet
of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP};
and
WHEREAS, the City has received a request (PUDA-07-02-000004) from Mr.
Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., for
approval of an amendment to the Donald Ross Village PUD to allow for an increase in
the size of the signage on the west elevation of the hotel from 36 square feet to 53
square feet (Building H) and to allow for one additional flat/wall sign for tenants located
in Buildings A, B, C, D, 1, J, and K that have two or more elevations facing a right-of-way
or primary entrance; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; 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
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
N�W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The development plans for the Donald Ross Village Planned Unit
Development as amended by application PUDA-07-02-000004 are hereby APPROVED on
the following described real property, subject to the conditions of approval cantained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS
RECORDED IN PLAT BOOK 98. PAGE 157. OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA.
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Date Prepared: May 1, 2007
Resolution 7, 2007
� _ ! _ � � � � � � � � � _ � � � � � � � � � _
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- . _ w � �� �.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the fof{owing waivers:
1. Waiver from City Code Section 78-153, Nonresidential zoning districf regulations,
to allow a five-story hotel building (Building H).
2. Waiver from City Code Section 78-285, Signage, to allaw identification signage on
the top of the fifth floor western elevation of Building H.
3. Waiver from City Code Section 78-344 (I) (1), Parking stall and bay dimensions, to
allow for 9.5-foot wide parking stalls for the area adjacent to the hotel building.
4. Waiver from City Code Section 78-344 (I) (1), Parking stall and bay dimensions, to
allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use.
5. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on
the west elevation of Building H.
6. Waiver from City Code Section 78-285, Signage, to allow for an additional building
identification wall sign on Building J.
7. Waiver from City Code Section 78-5�3, Lake maintenance tracts, to allow
encroachments within the lake maintenance easements.
8. Waiver from Citv Code Section 78-285. Sipnaqe, to allow for one additional flatlwall
siqn for tenants that have two or more elevations facing a riqht-of-way or primary
entrance, which are located in buildinQS A. B, C, D, I, J, and K.
SECTION 4. This Planned Unit Development is approved subject to the following
conditions, which shall be the responsibility of the Applicant, its successors, or
assigns:
Buiid-Out Date
1, Pursuant to the terms of Ordinance 10, 2003, the build-out date for this
develapment is December 31, 2004. All infrastructure and common-area
landscaping shall be completed for the commercial and residential uses prior to this
date. (Planning & Zoning) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 20�7
Temqararv Trailers
2. Any trailers used on site for construction, security, or marketing/sales purposes
shall meet the requirements set forth in Section 78-159 of the Land Development
Regulations. {Planning & Zoning)
Temporary Siqns
3. The Applicant shall be permitted one 36 square-foot temporary development sign
per right-of-way frontage {for a maximum total of three (3)). Any additional
temporary development signs shall require separate approval by the City Council.
(Planning & Zoning)
Master Si�n Plan
4. Prior to the issuance of the first Certificate of Occupancy for any structure on site,
the Applicant shall submit an application for and receive approval from the City
Cauncil for a detailed master sign package for both the residential and non-
residential portions of the site. The master sign plan shall include wall signs and
monument signs proposed for the commercial uses on site, as well as entry
features, address numbers, and building numbers for the residential uses on site.
The master sign plan shall also include directional signs, traffic regulatory signs,
and building directory signs. Neon signs and internafly illuminated aluminum
channel wall signs shall not be permitted. Backlit reverse channel wall signs and
soffit signs may be permitted. {Planning & Zoning) (COMPLETED)
Gatewav Sipn
5. If the City Council makes a decision on the specific location(s) and design of the
City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall
file an administrative amendment petition with the Growth Management
Department to modify the location(s) of the proposed monument signs at the
Donald Ross Village PUD in accordance with the City Council decision. The
specific locations may include the southwest corner of Donald Ross Road and
Military Trail and the southeast corner of Central Boulevard and Donald Ross Road
within the Donald Ross Village PUD property. The Applicant shall construct and
maintain said entryway sign(s} within 12 months of the City Council's approval of
the entryway sign plan. (Planning & Zoning) (COMPLETED)
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Date Prepared: May 1, 2007
Resolution 7, 2007
Future Site Plans for Phase il
6. Future site plans for the Hotel and Future Retail Development Area shall be
reviewed as major amendments to the Planned Unit Development, in accordance
with Section 78-49(b)(7) of the Land Development Regulations. A minor change of
up to 5% #o the approved allocation of uses for the commercial and office buildings
shall require administrative review and approval of a parking and traffic equivalency
analysis by the Planning and Zoning Division. Any major modifications (greater
than 5%) to the allocated uses shall require review and approval by City Council.
(Planning & Zoning)
7. Future site and architecture plans for parcels within Phase II shall comply with the
architectural guidelines set forth by this Ordinance, attached hereto and
incorporated herein as Exhibit "B." (Planning & Zoning) (COMPLETED)
8. Future site plans for parcels within Phase II shall substantially comply with "build-to
streetline" standards (building footprint having a zero-foot setback to spine road
sidewalk), attached hereto and incorporated herein as Exhibit "C", to enhance
"main street" environment in this location. (Planning & Zoning) (COMPLETED)
Art in Public Places
9. The Applicant shall be required to provide Art in Public Places should construction
costs exceed $1 million, pursuant to the Land Deveiopment Regulations. All public
art shall be reviewed and approved by the Art in Public Places Advisory Board. If
the Applicant is proposing to provide art on site to meet the Art in Public Places
requirement, then the art shall be approved and installed prior to the issuance af
the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning)
(COMPLETED)
Riaht-of-Way Landscapina
10. The median and adjacent shoulder landscaping and irrigation
Road, Military Trail, and Central Boulevard shall be installed and
six (6) months from the issuance of the first clearing permit.
(COMPLETED)
for ponald Ross
completed within
(City Forester)
11. The Applicant, successors, and assigns shall be responsible for their fair share of
the landscape, irrigation, and maintenance of the median and adjacent roadway
shoulder landscaping for ponafd Ftoss Road, Military Trail, and Central Boulevard
per Ordinance 36, 2002 (afk/a Roadway Beautification Plan). {City Forester)
(C)NGOING}
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Date Prepared: May 1, 2007
Resolution 7, 2007
12. Detailed Landscape Plans referenced in Condition #10 shall be prepared by the
Applicant based on the City Roadway Beautification Plan, and shall be submitted to
the City for staff review no later than ninety (90) days after the effective date of this
Development Order. (Planning & Zoning) (COMPLETED)
13. Prior to the issuance of the first building permit, #he Applicant shall place monies, in
an amount equal to 110°/a af the cost of the landscape improvements referenced in
Condition #10, in an escraw account established by the Applicant to be used by its
successors or assigns to complete the project. In the event the City of Palm Beach
Gardens or another entity forms a special district pertaining to the landscape
maintenance of contiguous rights-of-way, then the Donald Ross Village property
owners association, successors, or assigns shall automatically become a member
of such special district. This condition may be amended at any time by a separate
agreement between the Applicant and the City Palm Beach Gardens. (Planning &
Zoning} (COMPLETED)
Envi ronmental
14. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2)
disturbed wetlands located at the nor#hwest corner and southeast corner of the
subject site. (Planning & Zoning) (COMPLETED)
15. No land alteration/clearing shall be allowed until all issues have been satisfied with
the Florida Fish and Game Commission regarding the relocation of Gopher
Tortoises on or off site. (Planning & Zaning) (COMPLETED)
16. All preserve areas, native vegetation, and trees to be preserved shall be identified
with protective fencing. The Growth Management Department shall conduct a site
visit prior to commencement of land alteration or clearing to confirm that such
areas are identified and protected pursuan# to City Code. (Planning & Zoning)
(COMPLETED)
17. Prior to the platting of the preserve areas, an upland preserve maintenance plan
shall be submitted to the City for review and approval by the City Engineer, City
Attorney, and the City Forester. (Planning & Zoning) (COMPLETED)
Dedications and Improvements
18. All sidewalks within the parkway easements not located within the road rights-of-
way shall be dedicated as public access easements and shall be maintained by the
master property owners association prior to the issuance of the first commercial
Certificate of Occupancy. {Planning & Zoning)
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Police Deqartment/CPTED Desipn
19. Numerica
visibility.
Date Prepared: May 1, 2007
Resolution 7, 2007
I addresses shall be located on all buildings and illuminated for nighttime
(Planning & Zoning, Police)
20. Parkway and preserve paths shall maximize natural surveillance of the pedestrian
users through the selective vegetative management practices. Adjacent to
parkway and preserve multi-use pathways, ground cover shall be no higher than 24
inches, and trees having a minimum of 7-foot clear trunk space shall create a
natural surveillance. Additional measures may be required by the Police
Department per CPTED. (Planning & Zoning, Police)
21. Prior to the issuance of the first non-residential Certificate of Occupancy, all multi-
use pathways and/or sidewalks adjacent to preserves shall be reviewed and
approved by a CPTED certified police officer with the City. (Planning & Zoning,
Police} (COMPLETED)
22. All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot-
candles with 14-foot high pedestrian scale lighting, to be of similar design to the
parkway lighting used within the Mirasol/Jog Road parkway corridor. (Planning &
Zoning, Police)
23. Prior to the issuance of the Certificate of Occupancy for the financial institution, a
CPTED certified police officer shall inspect the structure for compliance with
CPTED principles, as outlined in the Police Department memorandum dated
February 1, 2002, attached hereto and incorporated herein as "Exhibit D."
(Planning & Zoning, Police) (COMPLETED)
24. Prior to the issuance of the first residential building permit, a CPTED certified police
officer shall review construction plans for compliance with CPTED principles,
including, but not limited to, strike-hardened doors, peep holes, telephone line
� connection box within the garage, building lighting, and lighted address and
building numbers. (Planning & Zoning, Police) (COMPLETED)
25. The height of all light poles along the parkway buffer shall not exceed 14 feet in
height and shall be metal halide. All lighting shall not conflict with landscaping.
(Planning & Zoning, Police)
Fire Department
26. Prior to the issuance of the first Certificate of Occupancy for three-story residential
buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as
required by City Ordinance. (Fire) (COMPLETED)
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Date Prepared; May 1, 2007
Resolution 7, 2007
Service Station Liqhtinp
27. Lighting for the service station canopy shall be recessed and shielded or shail
contain a cutoff luminaire within the structure or fixture in which it is located. The
lighting source shall not be visible from adjacent properties or rights-of-way. The
maximum average foot-candle for the service station shall be 55. (Planning &
Zoning)
Uses Permitted
28. Uses permitted within the non-residential buildings an site shall be consistent with
the permitted use table attached here#o and incorporated herein as "Exhibit E."
Any use hereby not approved which is identified as a conditional use by the City's
LDRs must undergo conditional use analysis and review and be approved by the
City Council. Any medical office use on site shall be required to undergo an
administrative review, including a parking analysis and a traffic equivalency
statement consistent with the approved traffic concurrency, to be approved by the
Growth Management Administrator. (Planning & Zoning)
29. Prior to the issuance of each building permit for interior renovations of any non-
residential use approved on site, the Applicant or its agent shall submit a
breakdown by use of the gross square footage for lease of all buildings containing
non-residential uses for approval by the Planning and Zoning Division. The
Applicant shall conform to the approved non-residential uses, the percentages
thereof, and the total square footage of each approved use for Parcel 4.04 of the
PUD as reflected in Exhibit "G," attached hereta and incorporated herein.
(Planning & Zoning) (ONGOING)
30. The total square footage allocated for restaurant use shall not exceed 25°/a of the
total approved square footage for the entire PUD, excluding the square footage
approved for the two restaurants located at Buildings C and D. (Planning &
Zoning) �
Disclosure
31. Prior to the issuance of the first residential building permit, except model homes,
the master property owners association documents and restrictions shall be
furnished by the Applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney) (COMPLETED)
32. Prior to the issuance of the first building permit, the Applicant shall submit to the
City Attorne�r and the Plannin� and Zoning Division documents demonstrating unity
of control by the Applicant or the property owners association over the entire PUD.
(City Attorney, Planning $� Zoning) (COMPLEiED�
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Date Prepared: May 1, 2007
Resolution 7, 2007
33. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant
shall provide ta the City Attorney the master property owners association
documents containing language disclosing the proximity of the residential area to
the commercial buildings, including buildings H and J. (City Attorney)
(COMPLETED)
Residential Siqnaae, LiqhtinA, and Accessory Buildinqs
34. By July 9, 2003, the Applicant shall submit for City Council review and approval an
application including details and site plans of the residential sign program, entry
features, and all accessory buildings, including gazebos, and lighting for the
residential portian of the PUD. (Planning & Zoning) (COMPLETED)
Temporary Dumpsters
35. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H
to allow for refuse collection for Buildings A and B. The temporary dumpster
locations shall be removed upon construction of the access roads on this parcel or
no later than twelve (12) months after the issuance of the final certificate of
occupancy for the non-residential portion of Phase I, whichever comes first, at
which time the dumpsters shall be relocated to the permanent location indicated on
the master site plan or as amended with the Phase II site plans for Buildings H and
J. The dumpsters shall be screened with a material consistent with the architecture
of Buildings A and B and shall be located in a landscaped area. (Planning &
Zoning)
Drv-Model Permits Prior ta Plattinq
36. The Applicant shall post surety prior to the issuance of a building permit for the
model homes for the purposes of demolition and lien protection to remain in effect
until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3
of the hard costs of construction of all of the proposed modeis, as depicted on the
master plan, attached hereto and incorporated herein as Exhibit "C." No more
residential permits shali be issued until the residential portion of the PUD is platted.
(City Engineering) (COMPLETED)
Off-Site Mitipation
3i. No land alteration/clearing shall be allowed for the hotel site and 43 parking spaces
adjacent to the Parkway Preserve between the central and eastern Donald Ross
Road entrances until the City has approved an off-site mitigation plan. (Planning &
Zoning)
38. Should the Applicant pursue off-site mitigation far the upland preserve, said off-site
mitigation shall be approved by a separate instrument. (Planning & Zoning)
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Date Prepared: May 1, 2007
Resolution 7, 2007
PHASE 11
Enqineerinq
39. Prior to the issuance of the first building permit, the Applicant shall provide
construction plans sufficient to construct the project and meet all applicable ADA
and FDOT requirements for handicapped access. (City Engineer) (COMPLETED)
40. The Applicant shall comply with any and all Palm Beach Caunty Traffic Division
conditions as outlined in the PBC Traffic Division equivalency and concurrency
approval letter dated March 21, 2001. (City Engineer)
41. The Applicant shall post surety prio� to the issuance of the building permit for the
model homes for the purposes of demolition and lien protection which surety shall
remain in effect until the plat is recorded. The amount of the surety shall equal a
total of 1/3 of the hard costs of construction of all of the proposed models, as
exhibited in Exhibit "C", Ordinance 53, 2002. No more residential permits shall be
issued until the residential portion of the PUD is platted. (City Engineer)
42. Priar to the issuance of the first building permit for any structure, the Applicant shall
provide surety, acceptable to the City, for the construction of the public
improvements. The Applicant shall provide an annual evaluation and adjustment of
the surety for the public improvements to accaunt for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed each
year prior to the anniversary of the Development Order approval. (City Engineer)
(ONGOING)
43. Commencing with the date of approval of this amended Development Order and
continuing through substantial completion of construction, the Applicant shall bi-
annually provide the City with a status report on all the approved elements of the
PUD, including a summary of completed construction and schedule of proposed
construction over the remaining fife of the Development Order. (City Engineer)
44. Six (6) months after the issuance of the first residential building permit and
semiannually thereafter until issuance of the final certificate of occupancy, the
Applicant, successors, or assigns shall submit a report showing the number of
approved permits and certificates of occupancy issued to date for review and
approval by the City Engineer. (City Engineer) (ONGOING)
45. The App9icant shall provide all necessary construction zone signage and fencing as
required by the City Engineer. (City Engineer)
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Date Prepared: May 1, 2007
Resolution 7, 20Q7
CPTED
46. Meta! halide lighting shall be used along streets, pedestrian walkways, parking lots,
multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways
and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth
Management, Police)
47. Non-glare building lighting shall be installed around the entire building perimeter
and on pedestrian walkways. (Police)
48. Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits, including emergency exits. (Police)
49. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide pedestrian-scale lighting on the sidewalks adjacent to the property within
the adjacent rights-of-way, unless said fighting is already being provided as part of
another construction project. (Planning & Zoning)
Parkinq
50. The Applicant shall submit, at its cost, an annual parking study to determine the
actual parking demand on site. The observed demand will be compared to the
existing parking supply to determine if the provided parking is adequate to
accommodate existing demand plus expected demand generated by the uses that
have not yet been issued Certificates of Occupancy. This calculation will include
an appropriate buffer between the parking supply and demand as recommended
by either the Institute of Transportation Engineers, Urban Land Institute, or other
recognized published traffic engineering organizations or resources. The first
annual parking study must be submitted when Certificates of Occupancy for 80% of
the project's approved square footage have been issued. The parking study will be
performed on an annual basis for a period of five (5) years. Said study shall be
performed by an independent prafessional traffic engineer mutually selected by the
Applicant and City staff. The precise methodology shall be agreed upon by both
the Applicant and City staff at the time that the study is initiated. At a minimum, the
study is ta be performed during the peak season and during the peak operating
hours on a Thursday, Friday, and Saturday (with the exception of the Christmas
and Thanksgiving holidays), or as determined by the Growth Management
Administrator. (City Engineer) (ONGOING)
51. Should the parking study conclude that the available on-site parking is 90% or
more occupied, then the Applicant shall provide a permanent (perpetual) solution to
increase parking supply for the project. The solution may include (1) the
construction of a parking garage, so long as the elevations are designed to have
the appearance of a building other than a garage that is architecturally consistent
with the rest of the site; or (2} other viable alternative means as approved by the
City Council. When the on-site parkin� is determined to be 90% or more occupied,
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Date Prepared: May 1, 2007
Resolution 7, 2007
the shared parking study provided by the Applicant shall be considered null and
void, and the Applicant shall construct the required parking based on the number of
spaces recommended by the above-referenced parking study, or as otherwise
determined by the City Council. (City Engineer)
52. Prior to the issuance of any Certificates of Occupancy, the Applicant shall transfer
any surety for completed public improvements and post additional surety as
necessary to secure 110% of the cost of construction of the additional parking
spaces referenced in Condition No. 51 as approved by the City Council. The City
shall release neither the surety posted by the Applicant for public improvements
nor the additional surety to be paid by the Applicant after completion of said
improvements for a period of five (5) years from the date the project receives
Certificates of Occupancy for 80% of the approved square footage for the subject
site. (Planning & Zoning) (ONGOING)
53. Construction of or provision for additional parking spaces by a permanent
(perpetual) alternative means for the project shall be completed within one (1) year
of the determination that the on-site parking is 90% occupied. {City Engineer)
54. Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require
all employees to park within the shared parking areas within the Planned Unit
Development in order to reserve the parking in Parcel J for hotel guests. The
Applicant shall install appropriate signage in the Parcel J parking lot that
designates the parking is for hotel guests only. (Planning & Zoning)
Siqnaqe and Occupational Licenses
55. Prior to the issuance of each occupational license or building permit for interior
renovations of tenant spaces, the Applicant or its agen# shall submit a tabular
breakdown by use of the gross square footage for lease, for approval by the
Planning and Zoning Division. The fabie shall include the approved square
footages for the retail/mixed-use buildings, which are designated as Buildings A, B,
I, and J on the master site plan. The Applicant shall include the existing uses that
have been issued occupational licenses in order to verify that the requested uses
do not exceed the allowances approved for professional office {9,000 square feet),
medical office (18,387 square feet), retail (45,000 square feet), and restaurant
(13,000 indoor dining, 2,400 square feet outdoor dining). (Planning & Zoning)
(ONGOING)
� r • - - S • - • � 0 �• - �• G � �: � 0 • • - - - - - . - . . . . . � . . .
.• . � �� � � � � � � � � - � � � � � �� • - a • • � • • . � r � � • � � �
. ' '. - • �i' • ' • � • � �• •' '� _'
. ' " ' . . _" _ � _ � � �
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Date Prepared: May 1, 2007
Resolution 7, 2007
57. The waiver granted for Building J(medical office) shall be contingent upon the
Applicant iimiting the size of the additional sign on the east elevation of the
building. 1t shall be smaller in size by 25% than the north elevation sign. (Planning
& Zoning)
58. All tenant signage (ground-floor users, excluding principal (single-tenant buildings)
tenants) shall be limited to a letter height of not more than (NMT) 24". (Planning &
Zoning)
59. Each tenant siqn shall be directiv affixed to the elevation of the tenant space or bav
that the sian identifies. No tenant shall be allowed more than one (1) tenant siqn
on the same elevation. (Planninq & Zoninc,�
60. Prior to the issuance of the building permit for the siqn on the west elevation of the
hotel (Buildin4 H), the Applicant shall submit a landscape plan for the PUD's
monument sians to ensure adeauate screeninq of the rear of the siqns and
aesthetic compatibility with the site. The submitted landscape plans shall be
approved bv the City Forester. (City Forester)
Miscellaneous
�961. Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIS Manager, Development Compliance Officer}
6962. Prior to the issuance of the first building permit, the master property owners
association documents and restrictions shall be furnished by the Applicant to the
City Attorney for review and approval prior to such documents being recorded in
the Public Records of Palm Beach County. (City Attorney) (COMPLETED)
6�-63. Prior to issuance of the first building permit, the Applicant shall submit to the City
Attorney and the Planning and Zoning Division documents demonstrating unity of
control by the Applicant or the property owners association over the entire site.
(City Attorney) (COMPLETED)
&�64. Striped awnings shall not be permitted within the Planned Unit Development.
(Planning & Zoning)
SECTION 5. This Planned Unit Development shall be constructed in compliance
with the following plans an file with the City's Growth Management Department:
1.
2
PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets.
Paving & Drainage Plans, Schaefer Fagan, Q8.26.2004, Sheets 1— 20 (20 sheets).
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:
Date Prepared: May 1, 2007
Resolution 7, 2D07
Parking Contingency Plan, Urban Design Studia, 08.18.04, 1 sheet.
Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1
sheei).
Building H, OGS&P, 07.03.03, 1 sheet.
Building I, OGS&P, 08.11.04, 1 sheet
Building K, OGS&P, 04.05.04, 1 sheet.
Building J, OGS&P, 04.05.04, 1 sheet.
9. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-1
through L-12 (12 sheets).
10. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages.
11. Hilton Homewood Suites Siqn Graphic, Kieffer & Co., Inc.. 01.19.07. 1 sheet.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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PASSED AND ADOPTED this o2 � Sr day of �'u�, e.
ATTEST:
BY:
Pa ricia S ider, CMC, Ciky Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
:�
CITY OF PALM
BY:
V4TE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
�
Date Prepared: May 1, 2007
Resolution 7, 2007
, 2007.
H�AR NS�LORIDA
��
� ` ` .Y
t. �rrsso, Mayor
AYE NAY ABSENT
��
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_..,�
✓
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
SubiectlAqenda Item
Ordinance 21, 2010/Petition LDRA-10-03-000029: Code Amendment to Section 78,
Division 7. Signs
Public Hearing and Recommendation to City Council: A City-initiated request to amend
the City's Land Development Regulations ("LDRs") regarding the purpose and intent,
permitted signs, prohibited signs, other related issues, and certain definitions.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: N/A PZAB Action:
R. Max Lohman
Growth Management: Costs: [] Rec. approval
Martin Schneider, � N�A [] Rec. app. w/ conds.
City Attorney AICP Total [] Rec. Denial
�jQ [ ] Continued to:
r��
Bahareh Wolfs, AICP Planner $ N/A
N/A
Development Compliance Current FY
[ ] Quasi-Judicial Funding Source:
Allyson lack [ X ] Legislative
sF . ;; �� [ X ] Public Hearing [ ] Operating
� [X l
Resource Manager Other N/A
Natali ong, AICP Budget Acct.#:
Advertised: N�q Attachments:
Date: July 9, 2010 • Ordinance 21, 2010
Paper: Palm Beach
I terim rowth Post
Management Administrator � X ] Required
Approved by:
Ronald M. Ferris Affected parties
Notified:
[ ] Notified
City Manager [ X] Not Required
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 2 of 26
EXECUTIVE SUMMARY
The subject petition is comprised of various amendments to the City's sign code (Division
7. Signs). The City's sign regulations were last updated in 2000, as part of the rewrite to
the entire Land Development Regulations. City Council has mentioned the need to revisit
the sign regulations, and requested that staff research sign issues during several City
Council meetings. Staff has also received general comments from the business
community and residents regarding signage regulations. In addition, staff has had a
number of internal
various personnel
improved.
discussions on Sign Code issues, including review meetings
of other departments to see how the Code could be updated
with
and
Staff is proposing a number of amendments to the Code for technical or regulatory
reasons. In addition, a number of proposed revisions are recommended to the permitted
signs regulations. These amendments are intended to provide clarity and simplification to
the Code, and reduce the number of PCD/PUD waiver requests for signage. Staff received
direction from City Council on these proposals at the June 17t", 2010, City Council meeting.
The proposed amendments are detailed below in the Proposed City Code Amendments
section.
PROPOSED CITY CODE AMENDMENTS
Staff recommends approval of a text amendment to the following Code Sections:
(Deletions are �I�, new language is underlined):
DIVISION 7. SIGNS*
*Editor's note: Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
Sec. 78-271. Intent and purpose.
� The purpose of this division is to create the legal framework for a comprehensive
and balanced system of signage to facilitate
„o„n�o onrJ +hoir o,,,,;r�,,,,,on+ the effective use of siqns as a means of communication in
the citv and to avoid the visual clutter that is potentially harmful to traffic and pedestrian
safety, property values, business opportunities and community appearance. With these
purposes in mind, it is the intent of this division to'�'+hnri�o �ho „�a „f �,nn� r�rn�iirio� +hov
, ,
,
,I��l'�li'1I� ;,, +ho �.r-�u-�,rr,�+,�-�-��� �„ ,�, �E;�—#-�e�a���n enable the fair and consistent
enforcement of these sian reaulations and to aromote the implementation of the citv's
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 3 of 26
comprehensive future land use plan. Additionallv, this division provides for regulations to
achieve the followinq:
(1) Property value protection. Siqns should not create a nuisance to the occupancv or
use of other properties as a result of their size, height, briqhtness or movement. Thev
should be in harmony with buildings, the neiqhborhood and other conforminq signs in
the area.
(2) Communication. Siqns should not deny other persons or qroups the use of sight
lines on public riqhts-of-way, should not obscure important public messages and should
not overwhelm readers with too many messaqes. Signs can and should help
individuals to identif and understand the 'urisdiction and the character of its subareas.
(3) Preservation of communitv's beauty. Cities such as this which include larqe
landscapinq buffers and numerous planned developments, consisting of small and
larqe office, retail, residential and industrial uses, rely heavily on their natural
surroundinqs and beautification efforts to retain theireconomicviability. This concern is
reflected bv the active and objective regulations of the appearance and desiqn of signs.
(b) Re.pulations strictiv enforced. It shall be unlawful for any persons to post, display,
chanqe or erect a siqn or siqn structure that requires a permit without first havinq obtained
a permit therefore in accordance with section 78-276. Siqns or sign structures erected
without a valid permit shall be deemed in violation of this chapter and it shall be mandatorv
to obtain the applicable permit, or remove the sign or siqn structure immediatelv. All siqns
not expressly permitted bv this chapter are strictly prohibited.
[Note: The modification will clarify the purpose and intent language, in order to
enforce the sign regulations and issue violations on failure to comply with permitting
requirements.]
Sec.78-272. Application.
The regulations of this division shall apply to all signs within the city.
Sec. 78-273. Nonconforming signs.
(a) Retention of existing signs. Every legal sign existing as of o-�^� �°r�� ��,� QQ� new
adoption datel, and which is a type of sign not permitted in this division or is not consistent
with the requirements of this division may be continued or retained until dan�ar,,�-??�89
six years from adoption date, except as may be provided otherwise by the city council.
(b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in
subsection (a) above, all affected signs shall be removed immediately by the property
owner. Signs exempt from this requirement are listed below.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 4 of 26
(1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or
site plan within a PCD.
(2) Flat wall signs. Existing flat wall signs below the third floor of a multiple story
building or the roof line of two-story office buildings shall be allowed to remain
indefinitely. However, these signs are subject to the nonconforminq structure
provisions of section �� 78-715.
(3) Residential development signs. Signs located within residential zoning districts
which indicate the name of a residential subdivision or development.
(4) Certain nonconforming signs. Signs made nonconforming by sign regulation
revisions adopted by � r�'. ��,TEe-��� °Q°. Ordinance 21, 2010 are subject to the
nonconforminq structure provisions of section �� 78-715.
(5) Annexation.
a. Any permanent sign existing on property annexed into the city, not permitted
under this division but lawful at the time of annexation, shall be removed no later
than six years from date the city comprehensive land use plan change affecting
the property is adopted by the city council.
b. Temporary signs which are not permitted by this division shall be removed within
60 days from the date of adoption of the comprehensive land use plan
amendment which pertains to such property.
(c) Amortization. The time period provided in this subsection is for the purpose of
amortizing the costs of a sign created or existing on or prior to adoption of the ordinance
from which this section originally derived by virtue of lease of location or sign space, or
through annexation into the city.
[Note: This provides new dates and timeframes for retaining signs made
nonconforming by the sign code amendments, and refers to the correct
nonconforming structure provisions.]
� • . .... ..
, .,_,�_:_,....�_�...,__...._�:�
r _ .. - - - . , :n.�. _ . . . _ .. _ .■:e�:�rs:n�rr� .n:ra:�i■. - -�.r.rr_r . . . .
... ._ - - - - -
,.._..._,..,�..��..�.�:�...�._...�s�...._ -
[Note: This section is obsolete. Its purpose was to ensure all temporary signs that
existed when the sign regulations were adopted in 2000 would need to be removed
within 30 days of the newly adopted regulations.]
Sec.78-274. Reserved.
Sec.78-275. Addresses.
All residential and nonresidential structures shall post the building address in a location
viewable, readable and unobstructed from the adjacent public or private right-of-way. The
size of residential address numbers shall not be less than four inches or exceed six inches
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 5 of 26
in height or as otherwise approved by the addressinq committee based on setback from or
width of riqht-of-way. The size of nonresidential address numbers shall not be less than
eiqht inches or exceed 12 inches in height, or as otherwise approved by the addressing
committee or the master signage program based upon the specific height of the building to
which the numbers and letters are attached, or setback from or width of riqht-of-way. In
cases where there is no adjacent riqht-of-way, or for other reasons of public health, safetv,
or_welfare, the addressing committee may use its discretion to determine the appropriate
location and size of addresses.
All nonresidential structures with flat roofs, which have a building footprint over 10,000
square feet and are constructed after f new adoption datel, shall have the building address
posted on the rooftop. The address numbers shall be block letters of at least four feet in
height with a minimum of 18 inch letter width, and be made of a reflective material with a
color that contrasts with the roof color, and shall be permanently affixed to or painted on
the roof.
[Note: This sets a minimum number size for residential and non-residential
addresses, and gives the Addressing Committee more flexibility to determine
address number size depending on setback, right-of-way width, and other health or
safety reasons. It also adds a requirement for rooftop addresses for new, non-
residential buildings.]
Sec. 78-276. Permits required, fees, and revocation.
(a) Building permit required. It shall be unlawful for any person to erect, repair, alter,
relocate, or maintain any permanent sign defined in this division without obtaining a
building permitl and paying the required fee.
(b) Revocation. The building official is authorized to revoke any building permit if a sign
is erected or installed that does not comply with the requirements of this division.
(c) Maintenance and inspection.
(1) Maintenance. All signs for which a permit is required, together with all supports,
braces, guys, anchors, sign faces, and other structural and nonstructural members,
shall be maintained in good condition and appearance, and in compliance with
applicable building codes. The ' City may order the removal of any
sign that is not maintained in accordance with this section. The removal shall be at
the expense of the owner or lessee. Examples of unacceptable maintenance and
repair include the following:
a. Cracked, ripped, or peeling paint present on more than ten percent of the
surFace area of a sign;
b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or
other appendages;
c. Partial illumination for more than 14 days;
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 6 of 26
d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative
matter; and
e. Maintaining a position that is more than 15 degrees from vertical for more than
ten successive days.
(2) The building official and/or Code Enforcement shall reinspect all signs erected
within the city as often as deemed necessary. T�.���"-�al—b�—�°��°�o;
,-o�n�no�+�.,h
[Note: This clarifies who may order removal of signs, since it may be a City official
or the magistrate deciding on a Code Enforcement hearing. It also clarifies who may
reinspect signs, and allows the City to charge for reinspection costs if needed.]
Sec. 78-277. Design requirements.
All permanent signs shall be designed and constructed in compliance with applicable
building codes. All electric wiring shall be installed underground, within building walls, or
otherwise located so as not to be visible.
Sec.78-278. Variances.
(a) Variance allowed. The ��4PZAB, consistent with the requirements of section 78-
53, may grant a variance from the strict application of this division.
- �-� -- - •- •• - - • -- •._..:- - •- ' � • -- -- --
- - . . . . . ..
{s} � Exceptions.
(1) PUDs and PCDs. The city council may, at time of development order approval or
development order amendment, grant one or more waivers to the requirements of
this division applicable to a PUD, PCD, or site plan within a PCD.
(2) Compliance with intent and purpose. The city council may vary the size, setback
requirements, and number of permitted signs in a PUD, provided the city council
determines a PUD application complies with the general intent and purpose of this
division.
[Note: This corrects the name of the Planning, Zoning, and Appeals Board (PZAB),
and eliminates the vote count. The variance process is outlined in Section 78-53.
Variance Requests., and voting requirements are already described in Section 2-95.
Quorum and Required Vote.]
Sec. 78-279. Removal of abandoned signs.
Any sign which no longer is used to advertise a licensed business or a product sold on-
premise shall be removed by the owner of the property, building-1 or structure upon which
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 7 of 26
the sign is located within ten days after written notification from the building official. Upon
failure to comply with the notice within the time specified in the order, the building official is
authorized to cause removal of the sign. Any expense associated with the sign removal
shall be paid by the owner of the property, building, structure, or premises to which the sign
is attached or on which the sign is located.
[Note: Scriveners error corrected.]
Sec. 78-280. Removal of unsafe signs.
If the building official determines any sign regulated in this division is unsafe, insecure, a
menace to the public health, or constructed, erected, or maintained in violation of this
division, a written notice of such determination shall be provided to the property owner. The
owner of the property has ten days following receipt of the written notice to remove, repair
or otherwise alter the sign so as to comply with this division. If the sign is not removed,
repaired or otherwise altered to comply, the necessary removal or improvements shall be
carried out by the building division at the expense of the owner of the property. The
building division shall cause any sign which is an immediate peril to persons or property to
be removed summarily and without notice.
Sec. 78-281. Owner to be charged for cost of removal by city.
When the city has caused or paid for the removal of a sign, the actual cost of the removal
shall be paid by the owner of property on which the sign is located. The cost of removal
shall include accrued interest at the rate of ten percent per annum from the date of the
completion of the work.
[Note: Scriveners error corrected.]
Sec. 78-282. Lien for costs of removal.
If the full amount due the city for sign removal is not paid by the owner within 60 days after
the removal of such sign, the city shall cause to be recorded in the official record books a
lien against the property. The lien shall remain in full force and effect for the amount due in
principal and interest, plus costs of court, if any, for collection, until final payment has been
made.
Sec. 78-283. Obstructions.
Signs shall not be erected, installed, constructed, attached, or maintained so as to serve as
an obstruction as noted below.
(a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or
opening used as a means of ingress or egress.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 8 of 26
(b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed
in such manner as to interFere with any opening required by the building code for
ventilation.
(c) Visibilitv trian.qles. A sign shall not be placed in such a manner as to obscure siqhtlines
within the visibility trianqle at the intersection of two roads or a road and a private
drivewav in accordance with the citv's intersections reaulations in Sec. 78-508 (dl. No
sign located within a visibility trianqle shall exceed 30 inches in heiqht as measured
from the surface of the nearest vehicular traffic area.
{�} � City properfy. Signs shall not be allowed on city property or rights-of-way within the
city unless specifically authorized by the city council. Any signs not authorized on city
property or rights-of-way shall be immediately removed by the city, and the costs of
such removal shall be borne by the parties responsible for the installation.
{�} � Othergovernmental agencies. Other governmental entities which have jurisdiction
or control of public right-of-way may install signs within such rights-of-way. Any signs
that are not authorized on such rights-of-way shall be immediately removed by the city
or governmental agency, and the costs of such removal shall be borne by the parties
responsible for the installation.
[Note: Visibility triangles at intersections are added as areas within which signage
shall not be located in such a manner as to obscure sightlines. While "obstruction
of vision" is listed as a Prohibited Sign (Sec. 78-284(d)), it does not define visibility
triangles or give specific language for what is allowed. More precise language
provided within Sec. 78-283 will help ensure that this public safety issue is not
overlooked by
applications.]
applicants submitting sign petitions or by staff reviewing signage
Sec. 78-284. Prohibited signs and prohibited sign locations.
(a) General. The signs described below, unless otherwise provided in this section, are
prohibited and shall not be installed or constructed within the city.
• • . - . • - e . • - - . . ... • . . - . . . -• � ,-
-- • - -- - -••- - - •-•. _. .. - ---- --
- -. ._ . .._. .. . . ._ .. . _.
(c) Traffic control signs. Any sign which resembles, is similar to, or may be confused with
any sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited.
(d) Obstruction of vision. Any sign installed or erected in a location, or at a street
intersection, or in any street right-of-way so as to obstruct free and clear vision is
prohibited.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 9 of 26
(e) Prohibited sign characteristics. Only passive-type signage shall be permitted. Signs
which incorporate animation, bright or flashing lights, movement or motions caused by
the wind, electrical, or mechanical means, flashing or electronic messages, or other real
or apparent forms of motion are prohibited.
(f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating,
revolving, oscillating techniques is prohibited.
. - . .. . ._ ._ . ._.. .. .- - - -- -- - - -- -- - - -
- - - -- - .. . _.
{-t�-}� Other prohibited signs. In addition to the prohibited signs indicated above, the
following signs are prohibited in the city:
(1) Awning signs, unless otherwise provided herein;
(2) Bunting, pennants, streamers, and other similar signs or devices normally but not
always installed in a series, designed to move with the wind, and usually attached
to buildings, trees, ropes, poles, and similar structures; provided, however, the use
of pole-mounted banners may be permitted in accordance with Section 78-292.
(3) Murals, unless approved by City Council;
(4) Painted wall signs;
(5) €-��-��riess�t#e^^�,�;��a�l�°�,—�eEt�e^ ���; Signs created by colored
illumination or shadow castinq;
(6) Changeable copy signs, e�c��,�c-b� ��;� nc rel��°��t��',�
�a�elir�e with the exception of the following which may be displaved as set forth in
this division:
a. Gasoline price signs located on pump islands or on monument siqns;
b. Menu pricing siqns;
c. Building director�gns; and
d. Ground signs for municipalities, public schools, and/or state colleqes located
in Public/Institutional zoninq districts.
(7) Signs with extruded figures or elements;
(8) Portable signs;
;Q1 [?nnf cinn��
{�-9}� Balloons� e� balloon signs or inflatable shapes or fiqures with or without copy;
{�� Copies or imitations of official signs;
, , , , ,
II/Yh�lY1/Y Inn�+o� ir� I�nrJcn�r�orl oro�o
7
�4} � Beacons or searchlights;
{�} � Signs attached to an accessory structure;
{�} � Signs which emit sounds;
{-a-�} � Exposed neon tubing, �neon signs1 and LED siqns, unless otherwise
provided herein;
{�-�} 15 Signs which emit visible smoke, vapor particles, or odor;
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 10 of 26
{�-�-} � Sandwich board or "A" frame signs and pole siqns, unless otherwise provided
herein;
{�9} � Signs which exhibit obscene or illeqal written or graphic messaqes or
material;
f2a-} � Snipe signs ^r °imil%�r +omr�nr�r�i �,ryn attached, posted or located on or to
any,trees, light poles, utility poles, street liqht, sidewalk, curb, fire hydrant, bridqe
or any other public property, except for public utility, convenience and warninq
S� nS nr cimilor o�n �r+}� �roc•
e
�} � Signs placed upon benches, bus or transit shelters, or waste receptacles,
unless specifically approved by contract with the city�+�;
{-�3} � Interior merchandise displays visible through glass windows and oriented to
the outside, and located within three feet of a window; and
{�4} � Any other sign, device, or equipment `"'h�nh �++r�„+� ���on+inn o.,,.�,,,�;,,n
,
not specifically permitted by this division.
(h) Severability. Should anv provision of Section 78-284 or any portion thereof, any
paraqraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder of Section 78-284.
[Note: Revisions to clarify signage types, eliminate duplication, and describe certain
exceptions. A Severability clause is included to ensure if this Section is challenged,
the rest of the Division will not be invalidated.]
(The remainder of this page intentionally left blank.)
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 11 of 26
Sec. 78-285. Permitted signs.
Permanent signs shall be permitted as provided in Table 24.
Table 24: Permanent Signs
TABLE INSET:
Max. Maximum
Permitted Size of Max. Maximum Siqn
Sign Type Zoning COpy Sign Number of Structure Other Limits
Districts Area (�q: Faces Siqns Dimensions
�#} (1)
•Requires solid base
not less than three
feet high w/out sign
copy, except for
leasing information
as requlated by Sec.
78-290. Temporarv
Signs.
•1 for first 300 •Sign copy not to
lineal feet of exceed building
Height: 10 identification and
Ground Sign es dential'" sOuare 2 •1 for each feet Width: #k�ee five tenants not
�2� feet additional 700 15 feet including leasinq
lineal feet of informationl.
ROW •Min. 8 inch letter
height•
•Uniform color.
•Min. 15 feet setback
from ROW.
•Min. 50 feet setback
from non-ROW
property lines.
1 for parcel with
at least 100 •Sign letters shall not
lineal feet of exceed 36 inches in
ROW; A height.
building with •Sign for building and
frontage on I-95 tenant identification
or the Florida purposes.
Turnpike may •NMT one name or
Flat/Wall Sign have a siqn message may be
for Principal Non {3} 90 facinq I-95 or included.
Structure or sauare 1 the Florida None •Each principal
Principal residential feet Turnpike in structure is allowed a
Tenant � addition to its flat or wall sign.
siqn facing its •Wall sign cannot
primary street. exceed more than 70
The siqn facinq percent of the
I-95 or the immediate vertical
Florida Turnpike and horizontal
may be located surface area to which
above the attached. {-�}
second floor.
Flat/Wall Sign Non- NMT 5% 1 1 per tenant None •Sign must face ROW
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 12 of 26
for Ground residential of area of space or bay or primary entrance.
Floor elevation Pls�e •Uniform type, color,
Users � of tenant material, shape &
space or style.
bay. In no •Letters NMT 24
case shall inches.
copy •Max. 2 lines of copy.
exceed •Signs shall not be
70 square located above second
feet. floor line or above
building parapet.
NMT 5% •Sign must face ROW
of area of or primary entrance.
elevation •Uniform type, color,
of tenant material, shape &
Flat/Wall Siqn space or style.
for second Professional b��n 1 per tenant •Letters NMT 24
st� no case 1 None
Office space or bay inches.
professional shall •Max. 2 lines of copv.
office tenants cOpy
exceed •Allowed above the
�� qround floor.
spuare •Only allowed for
feet. second story tenants.
NMT 5%
of area of
elevation •A roof sign is
of tenant permitted only as a
space or substitute for a wall
bav• In siqn, not in addition
no case to a wall siqn.
Roof signs for shall •Only for principal
one storv cOpy 1 per tenant tenants or tenants
Non- exceed with over 5,000 with over 5,000 gross
buildinqs with 1 None
mansard or residential 90 qross leasable leasable square feet.
hip roofs square square feet •Siqn letters shall not
feet for exceed 36 inches in
rinci al heiqht for principal
tenants, tenant; 24 inches for
or 70 other tenants.
S�� •Siqn must face ROW
feet for or primarv entrance.
other
tenants.
•NMT �20% of total
glass area allowed #e�
n�+me hn� irc
_rram�rtvcrr.r
Lesser of � �
100 rorrlc R. #olonhnr�o
sq.-uare � �or�T +���s to be
covered by window
Window Sign Non- feet or 1 ��+s+ness; e� None siqns.
residential 20 /o of None o
gross �
glass
area_
e#fered-
•Not more than 50%
of any sinqle window
or qlass door mav be
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/0rdinance 21, 2010
Page 13 of 26
covered bv siqns.
•All sign materials
must be permanent.
•Paper, cardboard,
etc., are prohibited.
•Siqns allowed in
qround floor windows
onlv.
•One illuminated siqn
of 3 square feet or
less is permitted as
lonq as it is not
visible from the public
right-of-way.
•Must be attached to
wall.
•Must be framed or
matted.
•Not included in area
Menu Sign for window signs.
(Wall- Non- 4 square � 1 per None •Enclosed in frame or
mounted) residential feet restaurant casing compatible
with building design
and color.
•Casing shall not
project more than 2
inches from wall.
1 per •Constructed of
restaurant. durable materials.
•May be pole
Additional signs mounted, "A" frame,
permitted if or sandwich board.
Menu Sign 15 outdoor seating
Non- Height: 5 feet •May include name,
(free- residential s�c uare 2 areas are �/yfdth:3 feet hours, credit card,
standing) feet either:
separated by 6 menu, and price
feet high wall or information.
not visible to •Must be stored
each other. inside restaurant
when closed.
1 per
building or 1
directional siqn
Building •Max. 4 feet above
Directional Non- 4 square 2 per 10,000 Height: 4 crown of paving or
g residential feet s�c uare feet of feet.
Si n total buildinq road.
square footage
in proiect.
•Max. 3 feet above
crown of paving or
road. Signs located
within a visibilitv
Exit and 1 per triangle shall not
Non- 4 square approved Ne�e Heiqht;
Entrance residential feet 2 entry or 3 feet exceed 30 inches in
Signs heiqht measured from
exit.
the surface of the
nearest vehicular
traffic area.
•Min. 2 feet from
Meeting Date: July 20, 2010
Petition LDRA-10-03-0000291Ordinance 21, 2010
Page 14 of 26
property line.
•Copy limited to EXIT,
ENTRANCE, EXIT
ONLY, etc.
•Internal illumination
only.
•Shall be �located in
landscaped area.
•Drive-through
restaurants only.
•Internal illumination
only.
•May include
chanqeable copv.
•Must be landscaped
consistent with
20 Height: 5 feet division �8 of article
Menu Board es dential square 2 restaurant W�dth: None V,
feet •Located NMT 100
feet from principal
building.
•May have remote or
electronic service.
•Shall not be located
adjacent to
residential zoning
districts.
•May include
changeable copy.
•May be integrated
Gasoline � 5 into another sign.
Price Sign square 2 1 None •Sign with price
feet integrated shall not
exceed permitted
sign size.
•May be suspended
from soffit or eave.
•Must be parallel to
soffit or eave.
Occupant •Min. clearance of 8
Non- 6 square feet from bottom of
Identification residential feet 2 1 None sign to top of
Sign
walkway.
•Located at main
entrance.
May be externally
illuminated.
•2 or more buildings
1 per building on same parcel or
with tenant or development.
business •Internal illumination
Building 18 Height:6 feet only.
Directo s uare 1 spaces not �/idth: None •
ry q Located within a 25
Sign feet directly feet radius of main
accessible from
building entry to building.
exterior •May be a
changeable copy
sign.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 15 of 26
•Shali be placed in
landscaped area.
•Vehicle pull-off may
be required.
•Only time and
NMT temperature may be
Time and o Permitted only
Non- 25 /o of displayed.
Temperature residential total sign 1 as part of a wall None. •Size to be included
Sign area or flat sign. within overall size of
principal sign
Commercial
and/or Mixed •Meet all
21 1 per light pole 3 feet width
Pole-mounted Use requirements in
Banner and/or square 2 and/or by 7 feet Section 78-292
Public feet pedestrian pole length
Institutional
� ^°� �^-,-,�"-.:F:'�; ;- •Letters may not
"°� 2�er exceed 24 inches in
Perimeter communitv height.
Wall or Entry entrancewav (1 •Illumination limited to
Feature siqn on either backlighting with
Ground Residential� 60 1; or 2 for siqn side of opaque letters or
Signs for Mixed Use f e�are �n median entrance; or 1 None. ground lighting for
Residential siqn in center letters.
Development median of •Residential entry
� communitv feature signs #e shall
entrance be approved by city
drivewa . council.
• Only allowed for
municipal buildinqs,
public schools, and/or
state colleges in
Changeable Public/ Institutional
copy/digital zoninq districts.
d�� Public/ 60 Height: 10 •Requires solid base
qround sign Institutional square 2 1 feet Width: not less than three
� feet 15 feet feet hiqh w/out siqn
cOpV•
•Min. 15 feet setback
from ROW.
•Min. 50 feet setback
from non-ROW
property lines.
Notes to Table 24.
*Non-residential �includes commercial portion of residential PUDs or PCDs.
ROW = Public road right-of-way.
NMT = Not more than.
(1) Height measured from average grade unless otherwise noted. ",-:vtes-t^��'��
� Ground sign must be landscaped as provided below.
a. Front: minimum width shall be not less than the height of the sign.
b. Side: minimum width shall be not less than the height of the sign.
c. Rear: minimum width shall be three feet.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 16 of 26
- •- - - --
:� . .
: � � � � � � � � � � � � � � � • � � ► � � � : � � • � � r • � � • �
� � : � � • � � • . � � � • � • � � � �
• � ' ' • � � ' ' : � � • � � � � � � � • � � � �
� • ' � . • ' . ' • . . . . �
• • ' . ' . � • ' . • • • • • • ' � • ' . • '
• � • . • . • • � • . . • � . • . . ' . • � ' • • �
• . • � ' . � • • . • . • � � • ' ' . ' ' . • • • • • . • • . �
• ' •. � . • . � . '• ' �.
[Notes for Section 78-285. Permitted Signs section]:
1. Ground signs:
a. Permits leasing information on the bottom three feet of a ground sign.
b. Allows an increase from a maximum of three to a maximum number of five with the
caveat that the maximum total size of the copy area remains unchanged at 60
square feet.
c. Adds a minimum of 8-inch high lettering to maintain readability.
2. FIatlWall Sign for Principal Structure or Principal Tenant:
a. Simplifies the maximum size to 90 square feet.
b. Allows one additional sign facing Interstate 95 (I-95) or the Florida Turnpike for
buildings directly adjacent to these limited access roadways. In addition, these
additional signs may be allowed above the second floor.
3. FIatlWall Sign for Ground Floor Users
a. Clarifies sign area size by restricting total size to 90 square feet.
4. FlatlWall Sign for Second Floor Professional Office Tenants:
a. Allows additional tenant signage for office tenants on the second floor. The
restrictions for size, number, and uniformity are similar to ground floor tenants.
5. Roof Signs for One Story Buildings with Mansard or Hip Roofs:
a. Allows roof signs as a substitute for a wall sign in one-story structures with mansard
or hip roofs. Roof signs would not be listed as a prohibited use, but would be
permitted as described in the permanent sign table. The signage size and other
regulations are similar to the flat/wall signs currently allowed.
b. Allowed only for principal tenants or tenants with over 5,000 gross leasable square
footage.
6. Window signs (Window signs currently have specific size requirements based on
content. Currently, sign regulations allow not more than 5 percent of total glass area
for name, hours, open/closed, credit cards, and telephone numbers, and not more than
15 percent of total glass area for goods and services offered.)
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 17 of 26
a. The proposal allows not more than 20 percent of total glass area to be covered by
window signs. (This will remove regulating content, while maintaining the same total
percentage of window coverage.)
b. The modification also removes the restriction of one window sign per tenant or bay,
but adds a requirement that not more than 50 percent of any single window or glass
door may be covered by signs.
c. Only allowed for ground floor windows.
d. One illuminated sign of 3 square feet or less is also permitted in a window, as long
as it is not visible from a public right-of-way.
7. Building Directional Signs (Currently building directional signs are limited to one per
building. However, shopping centers or institutional uses, such as hospitals and
churches, with one or two large buildings with several points of access often need more
directional signage.)
a. The proposed modification would add the following language: "Maximum number of
directional signs can be one per building, or one per 10,000 sq. ft. of total buildinq
square footaqe in project."
8. Exit and Entrance Signs
a. Adds height restriction of three feet.
b. Adds further restriction that signs located in visibility triangle shall not exceed 30
inches in height from the surFace of the nearest vehicular traffic area, in order to be
consistent with engineering requirements.
9. Menu Board
a. Allows changeable copy.
b. Updated to correct division number of landscaping regulations.
10. Perimeter Wall or Entry Feature Signs for Residential Development
a. Requires landscaping around base of sign.
b. Adds Mixed Use to the Permitted Zoning District
c. Clarifies number of faces based on whether sign is placed in entry median or not.
d. Increases number of signs from one to two signs per entranceway; one sign on
either side of the entrance, or one sign with two faces in the median.
e. It is important to note that all residential entry feature signs will still require City
Council approval.
11. Changeable Copy/Digital Display Ground Sign (Currently changeable copy signs
are not allowed, except for gasoline sales, menu signs, building directory, and traffic
control/traffic information. This would allow permanent, changeable copy signs for
public information purposes to be located on public/institutional zoned land.)
a. Same size, setback, and landscaping requirements as Ground Signs.
b. Only one per property.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 18 of 26
12. Notes to Table 24 (the notes to the permitted sign table have been modified as
follows):
a. Scriveners Error -#2 was missing from the Ground sign landscaping provisions.
This has been corrected.
b. Old note regarding maximum size requirements was eliminated. The maximum size
requirement has been simplified to 90 square feet only and moved into the table.
The remaining restrictions were eliminated as unnecessary.
c. A new note (#3) is added. This note allows commercial retail, or commercial
portions of projects within Mixed Use land use designations, that front directly on a
major roadway (arterial or collector) with no front parking, one additional sign on the
rear elevation of buildings. This is allowed as long as the building's primary access
is from the rear and customer parking is located in the rear. This will eliminate a
waiver to allow a second sign, which is needed to help patrons identify store names
from the rear parking lot.
[End of Notes for Section 78-285. Permitted Sign Section.]
Sec. 78-286. Illumination.
(a) Permitted illumination.
(1) Nonresidential zoning districts. Ground, flat, orwall signs shall be illuminated utilizing
the following: backlighting, internal lighting, or permanently fixed and encased lighting
from below, and external to, the sign surface. External lighting greater than 15 watts is
prohibited unless properly shielded to prevent glare upon adjacent public rights-of-way
or adjacent property. The department may require � 'e photometric or other
studies to ensure sign lighting will not adversely affect the public health, safety, and
welfare.
(2) Residential zoning districts. Only backlighting with opaque lettering and permanently
fixed and encased face lighting from below the sign surFace shall be permitted in
residential zoning districts.
(b) Neon signs_and LED sic�ns. Neon or LED signs are permitted within a building,
provided such signage is not visible from a public right-of-way, except as may otherwise
be provided herein.
�_ .. .. .... .. �. - -- -. ._.. .. .. ._ . . _. .. ._ . _ ...
e - -- - - - - ._ . . .. :.
•- -- • -- -- • -
._ .. . ._ .. -- - •- - - • •-
._ .. .. _. .. -- - •- -- e : -:-• -- - •- : : - - -
. .
(c) Permitted LED s�gns. LED siqns may be displayed and mav be visible from a public
riqht-of-wav subject to the followinq restrictions:
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 19 of 26
(1) The subject sign must satisfy the definition of a"Traffic control/traffic information"
siqn as set forth in Sec. 78-289;
(2) The purpose of the sign shall be limited to public convenience, public utilitv, public
safet�public warninqs; and
(3 The siqn has been placed, located or installed bv or at the direction of the Citv
Palm Beach County, state, federal or other public aqencies.
[Note: LED signs are added to neon signs as illuminated signs permitted within
buildings. These signs shall not be visible from any public right-of-way. Permitting
internal neon "open" signs is eliminated, because it is content based. Illuminated
"open" signs are still permitted as internal illuminated signs, but shall not be visible
from public rights-of-way. New LED sign regulations are proposed to allow their use
as "traffic control/traffic information" signs in the public right-of-way for public
safety and public information uses.]
Sec. 78-287. General standards.
The following standards are applicable to all permitted signs.
(a) Sign materials. All lettering, logos and other such identification markings on signage
shall be permanent and not interchangeable, unless otherwise proved herein.
(b) Residential property. A permitted non-residential sign shall not be located within
100 feet of property possessing a residential zoning designation.
(c) Landscaping. Ground signs shall be landscaped. The minimum landscape area
dimensions are indicated below.
(1) Front: minimum width of the landscape area shall be the height of the sign.
(2) Side: minimum width of the landscape area shall be the height of the sign.
(3) Rear: minimum width shall be three feet. Landscape areas associated with
ground shall be irrigated, unless waived by the growth management department,
and shall be maintained as required by section 78-329.
(d) Flags. Not more than three flags and three flag poles shall be located on any single
property.
, , ,
. , .
„or„-,;++o,� f��ry Flag poles shall not exceed 25 feet in height. One flag per pole is
permitted. The area of a flag shall conform to the requirements listed below.
Additionally, no flaq pole shall be located any closer to anv property line than the heiqht
of the flaq pole as installed The number, size, and heiqht of flaqs and flag poles may
be increased with Citv Council approval.
TABLE INSET:
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 20 of 26
Height of Maximum Maximum
Flag Pole Flag Area Dimensions
20 to 25 Feet 4� 40 square feet 5 feet by � 8 feet
Less than 20 Feet � 24 square feet 4 feet by 6 feet
(e) Logos. Logos or any federally registered trademark may be permitted as part of a
sign as follows:
a-� If designed as an integral part of the advertising copy;
�-� If consistent with an approved color scheme of the master sign plan; and
�� If displayed as registered.
GRAPHIC LINK:Figure 13a
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Figure 13a
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(f) Calculation of sign area.
(1) Sign area. Sign area shall be calculated as illustrated in Figure 13a and 13b. The
area of a sign face shall be calculated by means of the smallest rectangle that will
encompass the entire area of a sign, including all letters, numbers, characters,
logos, emblems, information, or other display. The sign area shall include any
materials or colors utilized to differentiate the sign from the backdrop or structure on
which it is placed, including all materials to form the cabinet or other structural
members of the sign. Sign area shall not include any supporting framework, bracing,
or decorative fence or wall when such wall is consistent with the requirements of
section 78-285.
GRAPHIC LINK:Figure 13b
(The remainder of this page intentionally left blank.)
r--- ----1
� � f
� opo swu� I
I
1_..._ .._.....1
��
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 21 of 26
� ono sww�
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� MULTIPLE T V � ^ _ _ T _ ^ � �
�
iELEMENTS ��o �
l--------- _..._._ _ ....__J
�----•–.—____ �,�.._..� _... _.._�..._._..-�-
Figure 13b
(2) Sign area of multi-faced signs. Sign area for multi-faced signs shall be calculated as
indicated below and in Figure 14.
a. The area of a double faced sign with sign faces that are parallel or the interior
angle of the two faces is 15 degrees or less shall be calculated using the area of
only one sign face.
GRAPHIC LINK:Figure 14
1S D�gn�r a L�r�
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'1S ° OR UNDER
Vllf7ff� x HCIGHI = $�G1� 1�FiC�I
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Figure 14
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b. The area of a double faced sign with sign faces having an interior angle of more
than 15 degrees, the area of both sign faces shall be added together to
determine total area of a sign.
c. The sign area of multi-faced signs is calculated based on the principle that all
sign elements that can be seen at one time or from one vantage point should be
considered in measuring that particular sign face.
� , , , ,
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 22 of 26
- - - -: - - - -. ._ .. :.. .- - - -- - -. . .
. _. . : .. .. - - - .. ._ - •- - - -- .._..._ -
- --
[Note: Signage restrictions near residential areas are clarified to regulate "non-
residential" signage. Flag setbacks are added, and flag dimensions are revised.
The number, size, and height flags and flag poles may be increased with City Council
approval. Fence or wall sign area calculations are deleted because the same issue
is covered in Sec. 78-287 (�(1).]
Sec. 78-288. Sign program.
The growth management department may require any development order application for a
PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master
sign program shall indicate location, number, size, font, type of siqn, landscaping, and
illumination of proposed signs.
[Note: Master sign program requirements are clarified.]
Sec. 78-289. Exempt signs.
� The signs listed below are permitted signs, and are exempt from the requirements
of this division.
(1) Mailboxes. Roadside mailboxes.
(2) Residential identification signs. Residential building identification, displaying the
name or property occupant or street address, provided such sign is less than
four square feet.
�3� ��n�� �„�".�+",��� Warninq signs. Signs prohibiting peddlers or solicitors, indicating
security such as burglar alarms, or "beware of bad animal" signs. Signs of this
nature shall be located at the entrance of the building or residence, or adjacent
to fenced areas.
(4) Traffic control/Traffic information. Traffic control, directional, and ublic
information/warninq signs placed in public rights-of-way byfederal, state, county,
city, and other public agencies or at the direction of or as required by same.
(5) Interior signs. Signs located within a building, and not visible from a public right-
of-way.
(6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard,
provided such signs are not visible from a public right-of-way, parking lot, or
abutting residential zoning district.
(7) Vehicle advertising. Motor vehicles with business names, business addresses,
telephone numbers, contractor certification numbers, logos, and similar
information painted or embossed on vehicle surFaces, when otherwise permitted
or required by law. Parking of such vehicles shall be limited as provided below.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 23 of 26
a. Motor vehicles including but not limited to trucks, vans, and automobiles1
and anv trailer towed bv such vehicles, with business signage shall not be
parked in off-street parking areas forthe purpose of advertising a business or
service.
b. Such vehicles shall be parked in off-street parking areas that are located_in
the rear or side yards so °� �^+ +^ "° that the siqnaqe is not �e� visible
from any public street right-of-way.
c. __Legal tenants of commercial properties are exempt from Sec. 78-289(a)(7)b.
for th__e purpose of parkinq such vehicles on-site.
[Note: "No soliciting" signs are broadened to "Warning" signs to provide a clearer
description. "Traffic information" is added to "Traffic Control" signs, because these
signs can also be used to provide public information. The amendment to vehicle
advertising would allow vehicles with advertising to park at a commercial location, if
the company to which the vehicle belongs is a tenant at that location. This will
prevent companies from having to find off-site or screened parking locations for
company vehicles.]
Sec. 78-290. Temporary signs allowed.
[THE TEMPORARY SIGNS SECTION IS BEING REVIEWED AND REVISED
SEPARATELY AS PART OF ORDINANCE 19, 2010.]
Sec. 78-291. Non-commercial messages.
� Notwithstanding anything in this article to the contrary, any sign erected pursuant to the
provisions of this article may, at the option of the applicant, contain either a non-
commercial message unrelated to the business located on the premises where the sign
is erected or a commercial message related to the business and located on the
business premises pursuant to the following regulations:
(1) The non-commercial message may occupy the entire sign face or portion thereof.
(2) The sign face may be changed from commercial to non-commercial messages as
frequently as desired by the owner of the sign, provided that the following is true:
a. The size and design criteria conform to the applicable portions of this article;
b. The sign is allowed by this article;
c. The sign conforms to the requirements of the applicable zoning designation; and
d. The appropriate permits are obtained.
(3) For the purpose of this sign code, non-commercial messages shall never be
deemed off-premises signs.
(The remainder of this page intentionally left blank.)
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 24 of 26
Sec. 78-292. Pole-mounted banner criteria.
Pole-mounted banners shall only be permitted in public institutional, commercial, or mixed-
use zoned areas for the limited purposes of brand identification or as a holiday decoration;
provided the following conditions are met:
(a) A miscellaneous plan approval by city council is required for all pole-mounted
banner programs, except those installed on city property by the city. Any additional pole-
mounted banners, graphics, locations, or increase of sign square footage other than what
was previously approved by city council requires a new miscellaneous plan review
approval. As part of the application process, the applicant must complete a detailed sign
program to include:
1. A copy of a current site plan showing all the proposed locations where the
pole-mounted banners are to be placed;
2. The light pole detail upon which the pole-mounted banner is to be located;
3. The pole-mounted banner's copy shall be limited to the name of the
development, the development's logo, and development's branding, which does not
include any individual business name, tenant, or individual business' logo.
4. All graphic designs, variations, and/or seasonal sets of the banners must be
provided for city council review and approval in accordance with the criteria set forth
herein. City council may prescribe specific time periods during which a particular
seasonal set of banners may be displayed if approval of more than one set of
banners is sought by the applicant.
(b) The program must satisfy the following requirements:
1. Pole-mounted banners must be located on an existing light pole;
2. One (1) pole-mounted banner per light pole may be permitted;
3. Pole-mounted banners on light poles shall be two-sided with the identical
design on each side;
4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes
or accepted maintenance standards in order to facilitate the placement of any
banners;
5. Banners shall not interfere or block any existing or future traffic or pedestrian
controls or signage;
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 25 of 26
6. Within 24 hours of announcement of a tropical storm or hurricane watch by the
National Hurricane Center, which places the city within the "3-day cone of
probability," all pole-mounted banners shall be removed;
7. The city may require the removal of any pole-mounted banner should the city
find that the pole-mounted banner is in a state of disrepair or is not being
maintained appropriately with respect to accepted maintenance standards (e.g., not
faded, free from rips and tears, properly attached, untattered, and generally in a
state of good repair). The applicant shall either remove or replace the banner within
ten (10) calendar days of being noticed;
8. All poles holding or supporting pole-mounted banners shall require a building
permit in order to verify the safety and wind loads of the banners;
9. Pole-mounted banners shall only be interior to a particular site or development
and shall not be placed in an area immediately adjacent to a public right-of-way;
10. Light poles with pole-mounted banners shall be a minimum of fifteen (15) feet
from the property line, and no portion of the pole-mounted banner shall extend into
or be visible from a public right-of-way immediately adjacent to the property or
development upon which such pole-mounted banners are located;
11. The minimum clearance of banners above the finished grade shall be eight (8)
feet;
12. Non-rectangular pole-mounted banners shall conform only to the maximum
banner area criteria providing that a minimum clearance of eight (8) feet above the
finished grade is maintained;
13. Banner Size:
a. Pole-mounted banners on light poles shall meet the following dimensions:
Height of Maximum Maximum
Light Pole Banner Area Dimensions
20 to 25 Feet 21 square feet 3 feet width by 7 feet
length
Less than 20 4.5 square feet 1.5 feet width by 3
Feet feet length
b. A banner's highest point shall not exceed the highest point of the pole upon
which it is mounted.
Secs.78-293--78-300. Reserved.
Meeting Date: July 20, 2010
Petition LDRA-10-03-000029/Ordinance 21, 2010
Page 26 of 26
OTHER IMPACTED SECTIONS:
Section 78-751. Definitions.
Surface area means the area of the fa�ade upon which a sign is located and includes the
rectangle created by vertical walls or buildinq edges and architectural features such as
doors, windows, bandinq, or other architectural elements located above or below the
proposed siqn area.
Visibilit tY rian.gles (aka: safe site distance trianqles) the area at the corner of two
intersectinq roadways or a roadwav and driveway where placement of visual obstructions,
such as landscapinq or signs shall be limited.
[Note: Two new definitions related to the sign code are proposed for the Definitions
section.]
STAFF ANALYSIS
The purpose of proposed amendments described above is to bring the City's sign code up
to date, and to make the regulations and their enforcement more effective. The
modifications will also reduce the number of waiver requests by allowing additional signage
for types of signs commonly granted waivers. This will simplify some of the more common
signage requests from residents and business community, and make regulating, enforcing,
and processing requests for signs more efficient for staff.
In addition to the sign regulations amended by this proposed ordinance, the temporary sign
code was also reviewed. Temporary signs are being revised through Ordinance 19, 2010,
which is also on the agenda for PZAB consideration.
STAFF RECOMMENDATION
Staff recommends approval of Petition No. LDRA-10-03-000029/Ordinance 21, 2010 to
amend Section 78, Article V, Division 7. Signs, and Section 78, Article VIII. Definitions, of
the City's Land Development Regulations.
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ORDINANCE 21, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT REGULATIONS, ARTICLE V., DIVISION 7. SIGNS, BY
AMENDING SECTION 78-271. INTENT AND PURPOSE; SECTION 78-
273. NONCONFORMING SIGNS; SECTION 78-275 ADDRESSES;
SECTION 78-276. PERMITS REQUIRED, FEES, AND REVOCATION;
SECTION 78-278. VARIANCES; SECTION 78-279. REMOVAL OF
ABANDONED SIGNS; SECTION 78-283. OBSTRUCTIONS; SECTION 78-
284. PROHIBITED SIGNS AND PROHIBITED SIGN LOCATIONS;
SECTION 78-285 PERMITTED SIGNS; SECTION 78-286. ILLUMINATION;
SECTION 78-287. GENERAL STANDARDS; SECTION 78-289. EXEMPT
SIGNS; AND SECTION 78-291. NON-COMMERCIAL MESSAGES;
DELETING SECTION 78-274. TEMPORARY SIGNS; AMENDING
CHAPTER 78. LAND DEVELOPMENT REGULATIONS, ARTICLE VIII.,
SECTION 78-751 DEFINITIONS IN ORDER TO UPDATE AND MODIFY
THE SIGN REGULATIONS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND
DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
EFFECT AS
CLAUSE, A
PROVIDING
WHEREAS, the City of Palm Beach Gardens sign regulations were last updated in
2000, as part of the rewrite to the entire Land Development Regulations; and
WHEREAS, the City Council has determined that a need exists to update and modify
the signage regulations in the City of Palm Beach Gardens; and
WHEREAS, City staff has initiated an amendment (Petition LDRA-10-03-000029) to
the City's Land Development Regulations amending Chapter 78. Land Development, Division
7. Signs, in order to address the City Council's concerns; and
WHEREAS, on June 17, 2010, the City Council discussed and provided direction
based on proposed amendments provided by staff as well as input from the public; and
WHEREAS, on July 20, 2010, the Planning, Zoning, and Appeals Board, sitting as the
Local Planning Agency, conducted a public hearing and recommended approval and
adoption of the proposed amendments to the City Council with a vote of x-x; and
45 WHEREAS, the City Council deems approval of this Ordinance to be in the best
46 interests of the health, safety, and welfare of the residents and citizens of the City of Palm
47 Beach Gardens and the public at large.
48
Page 1 of 4
Ordinance 21, 2010
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
2 PALM BEACH GARDENS, FLORIDA that:
3
4 SECTION 1. Chapter 78. Land Development Regulations of the Code of Ordinances
5 of the City of Palm Beach Gardens, Florida is hereby amended by amending Chapter 78,
6 Article V., Division 7. Signs, and amending Chapter 78, Article VIII., Definitions, as shown in
7 Exhibit A.
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SECTION 2. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 3. Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 4. Specific authority is hereby given to codify this Ordinance
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 2 of 4
PASSED this day of
PASSED AND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
Ordinance 21, 2010
, 2010, upon first reading.
day of , 2010, upon second
FOR
Page 3 of 4
AGAINST ABSENT
Ordinance 21, 2010
EXHIBIT A
Page 4 of 4
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: July 20, 2010
Petition LDRA-10-04-000031/Ordinance 19, 2010
Subiect/Aqenda Item
Ordinance 19, 2010/Petition LDRA-10-04-000031: Land Development Regulation
changes to Sections 78-187. Special Events, Section 78-191. Outdoor Seating,
Section 78-290. Temporary Signs Allowed, and Section 78-751. Definitions.
Public Hearing and Recommendation to City Council: A City-initiated request to
amend the City's Land Development Regulations ("LDRs") in order to clarify and revise
the special events, outdoor seating, temporary signs allowed, and definitions sections.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: N/A PZAB Action:
R. Max Lohman Growth Management: Costs: [] Rec. approval
N/A Allyson Black � N�A [] Rec. app. w/ conds.
City Attorney Total [] Rec. Denial
[ ] Continued to:
Bahareh Wolfs, AICP Resource Manager
$ N/A
���, Current FY
Develop ent Compliance � �
Quasi-Judicial Funding Source:
[ X ] Legislative
[ X ] Public Hearing � � Operating
Nat li M. W ng, AICP
[X ] Other N/A
I erim Growth Budget Acct.#:
Management Administrator N/A
Advertised: Attachments:
Date: July 9, 2010 • Ordinance 19, 2010
Paper: Palm Beach
Post
[ � � EZequired
Approved by:
Ronald M. Ferris Affected parties
Notified:
N/A [ ] Notified
City Manager [ X] Not Required
Page 2 of 23
LDRA-10-04-000031/Ordinance 19, 2010
EXECUTIVE SUMMARY
As requested by City Council, the following is a City-initiated Land Development
Regulations code amendment for the sections related to: special events; outdoor
seating; Temporary signs allowed; and Definitions. The major changes to the sections
include:
78-187. Special events.
• Requiring the applicant to include locations of any outdoor music or
entertainment and to submit of a sound management plan.
• Amending the signage for special events to only one on-site sign per 50' linear
feet, for a maximum of three signs, adding regulations regarding the variable
message boards, removing off-site signage and creating criteria for right-of-way
banners for national and regional events and traffic control signage.
• Increasing the number of events from three to four events every calendar year
and increasing the number of events for commercial/office plazas with 10 tenants
or less from five to eiqht events per year and those with 11 or more tenants from
ten to twelve events per calendar year.
• Adding additional language about the use of vendors for special events, allowing
them to display the merchandise provided it is not for sale and the displays are
on-site and not blocking public access.
78-191. Outdoor Seating.
• Adding criteria for exemption of casual seating without service and allowing for
outdoor seating with service for a maximum of two tables or no more than 100
square feet, whichever is less, for service provided all accessibility standards are
met and is outdoor furniture.
• Removing the notice requirements.
• Requiring the applicant to provide the alcohol license, if applicable, and providing
the type of storage being proposed for the outdoor furnishings.
• Amending the fencing and screening so that it is reviewed as a per case basis
versus as a requirement.
• Requiring outdoor storage tarps to be solid dark colors for cleaner appearance
also clarifying that outdoor heaters and seasonal equipment shall not be visible
from the right-of-way when not in use.
• Changing the hours of operation to Sunday through Wednesdav 7:OOam to
10:30pm and Thursdav through Saturday 7:OOam to 11:30pm.
• Prohibiting all live entertainrr�ent, music and/or speakers located outside
beginning at 10:OOpm every night of the week, unless specified by a special
event permit.
78-290. Temporary Signs Allowed.
• Decreasing the setbacks to 8 feet versus 15 feet from the right-of way.
• Creating a yearly permit for rental, lease and sale of non-residential buildings and
standards for the temporary sign.
• Creating standards for temporar�r signage for consistency.
• Allowing the possibility of leasing information to be placed on the project's
Page 3 of 23
LDRA-10-04-000031/Ordinance 19, 2010
monument sign, if provided.
78-751. Definitions,
• Amending the special events definition to provide for more clarification on the
definition of special event.
• Creating the following definitions:
o Right-of-way banner
o National Event
o Regional Event
o Event Signage
o Outdoor bar
o Development and clarifying development as it pertains to art
BACKGROUND
As requested by City Council, staff made efforts to gather input from the Northern Palm
Beach County Chamber of Commerce (Chamber) and the PGA Corridor Association
(Association) concerning issues from both the business community and City residents
regarding Special Events, Outdoor Seating, and Temporary Signage Code Regulations.
In addition, Staff presented the business community's recommendations to the City
Council on June 6, 2009, where the City Council requested that staff meet with the
residents regarding the existing code regulations and any specific issues. City staff held
two (2) public workshops for citizen input on November 19, 2009 and December 3,
2009. During the two meetings, a total of nine (9) residents attended to provide
comments on the changes to the Code as proposed by the business community or
general comments on the existing Code regulations.
On April 15, 2010, Staff proposed recommendations based on input from the business
community as well as the residents to the City Council for direction. The proposed
amendments include the changes that City Council directed staff to move forward on as
well as some minor changes for consistency and clarification.
PROPOSED CITY CODE AMENDMENTS
Staff is proposing the following text amendments to the following Code Sections
(deletions are �sl�, new language is underlined):
SECTION 78-187. SPECIAL EVENTS.
(a� Permit �equired for special event. No person, firm, group, corporation or institution
shall participate in, advertise for or in any way promote, organize, control, manage,
solicit, or induce, participation in a special event, as defined in section 78-751, unless a
special event permit has first been obtained from the city as provided herein. No person,
firm, group, or corporation shall violate any terms of a special event permit issued under
this article, nor in any manner interfere with the progress or orderly conduct of a special
event.
Page 4 of 23
LDRA-10-04-000031/0rdinance 19, 2010
Any person, firm, group, corporation or institution seeking to conduct a special
event in the city shall file a complete application for a special event permit with the
�„o^;�� °�i°n+� planner as designated by the growth management director, or desianee.
on forms provided by the city. Unless waived by the growth management director, or
desianee. for good cause and for the public interest of the city, a complete application
for a special event permit shall be filed on or before the following deadlines prior to the
event to allow sufficient time for the review process:
TABLE INSET:
Expected attendance Minimum advance time required to file
Less than, or equal to, 1,000 persons one month
1,001 to 5,000 persons two months
5,001 to 50,000 persons four months
More than 50,000 persons six months
The applicant shall provide all information solicited on the special event permit
application form, unless waived by the °�°^�°' °��°��� planner, upon finding that such
information is not necessary.
�NOTE: These are administrative changes.]
(b) Permit requirements
(1) Authority. Notarized evidence the property owner/managing agent
authorizes the use on the site for the special event reflected on the special event permit
application.
(2) Site plan. A detailed site plan for the event, including but not limited to,
property boundaries; road access; location of trash receptacles, sanitary facilities, tents
or other structures; location of rides if applicable; location of parking; location of
temporary dwellings, offices, and equipment; location of anv entertainment. outdoor
music or staaes: and proposed setbacks of activities, fences, tents, booths, etc. from
adjacent properties.
�NOTE: Clarifies and reminds the applicant to present any entertainment
proposed for the special event.]
(3) Statement of use. A detailed statement of use, including but not limited to
sponsor(s), vendors(s), band(s) and/or other musicai operations, planned activities,
duration of event, hours of operation, anticipated attendance, temporarar lighting to be
provided on-site, security, utilities, and use of generators.
(4) Signage. Signs are permitted only if related to a special event.
a. On-site signs:
� I_ nni" nno nn�Ttps,j�n_qor or�oni�l o�ior�� ic r�ormi#orl � ir�loco
.. .r. y. . �.
Page 5 of 23
LDRA-10-04-000031/0rdinance 19, 2010
+�t�;�,°�- ^�+��. One (1) on-site sian is permitted for each side of the
proqertv that fronts a public riaht-of-wav for no less than 50' linear feet. ua
to a maximum of three (3) sians. However. in all cases at least one (11 on-
site sian per event shall be permitted.
�ii. Any on-site sign related to a special event shall be illustrated
in a detailed on-site sign plan, including, but not limited to the proposed
location, size, type, copy area, graphics, and color, including the dates of
installation and removal of the sign for with the event in accordance with
section 78-290: Temporary signs allowed.
�(��. R�i'zrir�r.��f�n "n��c r���jcr! �eii��� ciirn�no r�l�ri m��i
p� ..�Y����_rl��r�n���o c�r+ori�l a�ien�c r�l�nnor. NO SIgnS
shall be permitted in the safe site visibility triangles as described in section
78-315(i): Visibility triangles.
4 iv. Traffic control sian, as set forth in section 78-289, mav onlv be
..___ —_
used for purposes to direct traffic and/or as deemed necessarv for the
safetv of the public, and/or for public events held bv the citv. and approved
bv the arowth manaaement director. or desianee.
�NOTE: Creates set criteria for the signage; provides clarification regarding the
traffic control signage.]
b. ���e�s Riaht-of-wav banners:
�—i. Any °rrt�.�T�--�n/ \ innl��rlinrr .��r°�a'ar�ir�r�.��vi� h°�a�m°�.r
f�„���es+�^-�^,�,�;�ag;� riaht-of-wav banners related to a reaional or
national, citv or citv co-sponsored special event or at the discretion of the
qrowth manaaement director shall be illustrated in a detailed e#-si�e sign
plan that shall indicate on a site plan the location, copy area, graphics,
size, type, and colors of the sign(s) for the event. Such plan shall be
submitted with the special event permit. All sians located on aublic
propertv or riaht-of-wav other than citv aropertv shall be submitted with the
authorization of the applicable aaencv. and aaaroved bv the arowth
manaqement director, or desianee.
.. - -• - •: -- -- •• -- -- : - - ---. .. _
-• e -- -- - - - ---- e -- - e .- . . . ,._.
. ._ ... _. . ._ .: .. . ._ :. . _ ._.
�. -- .. ._ . . _. .. ... . . . -..
- - - - - �• - - - -- - e - - . . . .. � - - •• - - - • • e
' �� . ' •' .. � • � •' ' '. .- � � .� • •• • �-."'
. � � •• - • ..- .• �• � � •- .� . � � � �•
. . � � � � - ' . � � • � • � � � . � . � � � � �
•• •- 0 � • � � 0 •� � • • . •. - - �• �
Page 6 of 23
LDRA-10-04-000031/0rdinance 19, 2010
reaional or national event mav be disalaved no more than 30 calendar
davs before the scheduled event and must be removed within two
calendar davs after the conclusion of the event.
4 iii. No ^n�:° °�;g„� ri ht-of-wav banners shall be permitted in
the safe site visibility triangles as described in section 78-315Q); Visibility
triangles.
iv. Installation and removal. The applicant shall be responsible for
the maintenance and restoration of the citv facilities and/or citv maintained
liaht aoles durina the installation and removal of riaht-of-wav banner.
.. .. _. . _... _. . .r_�._ .. . .
.. .. . ._ . ._ ._ .. _. ._ . .. . ._ . ....
.. . ._..-• - - - - - - •- - - -- ee e ' • -• - --
. . .. ._ . ..._ .- - -. .. . .. . ..
' .'. _. � .. . _' .• ' ' ' .'_. . .. . . .- . .
' '.-. . .- ... .-' • •_ •' " ' '- " '
'
c. Traffic Control sianaae related to a special event shall be permitted at
the discretion of the arowth manaaement director, or desianee, subiect to
the review and aaaroval of an traffic control sian qlan illustratina the
number. copv area, location, and araphics of all sians proaosed. All sians
located on public aropertv or riaht-of-wav other than citv propertv shall be
submitted with the authorization of the aqplicable aaencv.
�NOTE: Prohibits off-site signage in conjunction with section 78-284(b) however,
it provides for right-of way banners with criteria for regional, national, city and/or
city co-sponsored special events and permits traffic control signage for public
safety and traffic control during special events.]
(5) Food service. If food service will be available at the event, the applicant
shall provide a complete list of food service vendors, their respective Palm Beach
County mobile occupational license permit if applicable, Florida State health certificates,
and a list of the type of food service proposed.
(6) Alcohol. Applicants may provide alcoholic beverages in accordance with
chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit
issued from the Florida Department of Beverages and Tobacco is attached to the
special event permit application,
7) Live Entertainment. Anv special event that is aroaosina to include live
entertainment shall adhere to the followina:
1. Submit a sound manaaement pfan as a part of the special event application for
review,
2. The special event must meet the reauirements of section 78-661(bl. Noise.
Page 7 of 23
LDRA-10-04-000031/Ordinance 19, 2010
3.The arowth manaaement director, or desianee, mav reauire the applicant to
_._._ __
hire an acoustical enaineer or the apalicant mav be reauired bv the citv to hire code
enforcement personnel consistent with the fees and charaes schedule to monitor the
__--
noise levels for comqliance.
�NOTE: Provides criteria for review of live entertainment and noise impacts
during the special event.]
{�} �8 Insurance. The operator of an event shall provide evidence of insurance
acceptable to the city in an amount of at least $1,000,000.00, and shall provide the city
with a certificate of insurance showing the city as additional insured. Events with an
expected attendance over 10,000 people shall submit a certificate of insurance
evidencing coverage of at least $2,000,000.00, with the city named as an additional
insured. Proof of additional insurance may be required by the city. Insurance shall not
be cancelled or re-issued without a 20-day written notice to the city
{�} �9 Bond. A refundable security bond, or similar financial pledge acceptable
to the city, will be required, at the discretion of the c�°^�°� �„�„+� r�l�nnor r���
manaaement director, or desianee, to ensure that any damage is repaired and the
premises returned to its previous condition prior to the event, including the removal of
any signs or banners within two calendar days of the event.
�Note; This is an administrative change.]
{-�} 10 Indemnification. The applicant shall submit an indemnification
agreement, as approved by the risk manager and the city attorney, including any and all
such claims, suits, actions, damages, or causes of action arising as a result of the
special event, or of the condition of the premises on which the special event is held
including any personal injury or loss of life, or damage to or loss of property, and from
and against any order, judgments, or decrees which may be entered, and from and
against any costs, attorneys' fees, expenses and liabilities incurred in and about the
defense or settlement of any claims, and the investigation thereof.
{�8} 1�1 Other materials. Other materials and documentation as may be
required by the growth management director, or desianee.
(c) Review:
(1) n# �"—R,�;�T�#ae��t�.���,�� ���'�� All special events permits,
includina citv co-saonsored events. � shall be reviewed by the Development
Review Committee (DRC) in accordance with section 78-46 (d1): Application
�rocedures.
� --- - -- - - .- - - -: .•. . -• • - .
- - .• • -- - •- - - -. . _ . :. _ _ . .
� � � � � • � � • • � ' ' � ' � � • � � � � � � � � u � • • • •
.' . � �' ' • � � ••
Page 8 of 23
LDRA-10-04-000031/Ordinance 19, 2010
�NOTE: These are administrafive changes and clarifications for the process of
city and city co-sponsored events.]
(d) General standards:
(1) Location. Special events may occur only on properties possessing the
following non-residential zoning district designations: CN, CG-1, CG-2, CR, P/I, M-1, M-
1A, M-2, �G9, PDA, and P0�9. In residential zoning districts, or residential
portions of PUD�, PCDs, or MXDs overlavs, special events may occur on public or
private schools, churches and houses of worship, public parks, and public or private
property.
(2) Duration. A special event shall not exceed seven consecutive days. The
growth management director, or desianee, may authorize one administrative time
extension of up to three days for good cause and for the public interest of the city. Any
event more than ten days in length must be submitted to the city council for approval.
Pumpkin sales and Christmas tree sales shall not exceed 30 days.
�NOTE: These are administrative changes.]
(3) Number per year.
a. No more than #-k��e four special events every calendar year shall be
held by any applicant at one location, unless otherwise approved by the city
council following a recommendation by the growth management director, or
desianee.
b. No events shall occur consecutively, except for those with city council
approval, and if approved shall require a separate permit and fee for each event.
c. Tenants located in commercial/office plazas, are permitted #-b-�ee four
special events per tenant each calendar year; however, this number of permitted
special events shall exclusively apply to each tenant, and cannot be transferred
to another tenant or party.
d. Sub-tenants within commercial/office plazas are not permitted any
special events.
e. Commercial/office plazas with ten tenants or less shall be limited to a
maximum of #+ve eiaht events per calendar year. Commercial/office plazas with
11 tenants or more are permitted #� twelve special events per calendar year.
f. Anchor tenants are each permitted three events per calendar year
exclusive of the limitation in subsection e. above.
g. No more than two special events at any given time may occur
simultaneously at any commercial/office plaza. Special event applications will be
reviewed and approved by the city on a first-come, first-serve basis.
Page 9 of 23
LDRA-10-04-000031/Ordinance 19, 2010
h. City-sponsored and city co-sponsored events are hereby exempt from
the limitation on the number of events per year.
�NOTE: Increases the number of events per calendar year for individuals as well
as commercial/office tenants and plazas.]
(4) Access. With the exception of block parties, all efforts shall be made to
provide vehicular access from a collector or arterial roadway.
(5) Traffic control. Use of city police or acceptable alternative to direct and
control traffic may be required.
(6) Sanitation. Plans for sanitation including temporary bathroom facilities,
inspection of food facilities, drainage, garbage and litter control, and recycling shall be
approved by the growth management director.
(7) Compliance. If a violation occurs at an event permitted by the city, the
growth management director may deny permits to the operator for future temporary
events for a period of no more than 18 months.
81 Vendors. Outdoor sales are prohibited notwithstandina seasonal sales such
as Christmas trees, pumqkin sales, sparklers and flower sales for specific holidav
celebrations. The disqlav of inerchandise bv a sponsor for a special event mav be
allowed. provided the merchandise is not for sale. the disalavs are shown on the site
plan, and it does not block public access.
�NOTE: Clarifies and allows outdoor sales for specific special events as well as
the display of sponsor merchandise during a special event.]
(e) Denial of special event permit. A special event permit shall be denied under the
following conditions:
(1) The application is not complete in all material respects accurate within the
knowledge of the °�°^�°' °.,°n+° planner. The °„°^�°' °��°n�c planner may allow for any
additional materials to be submitted within seven days of the denial notification by the
planner.
�NOTE: These are administrative changes.]
(2) All of the conditions
requirements imposed by the city,
set forth in section 78-187 and all contractual
if any, have not been met.
(3) The special event will interfere with or unduly burden municipal services
including but not limited to police, fire, and emergency medical protection, water and
sanitary sewer service and solid waste removal.
(4) The public benefit has not been demonstrated.
Page 10 of 23
LDRA-10-04-000031/Ordinance 19, 2010
(5) The permit fee has not been paid.
(fl Conditions for granting a special event permit. All special event permit applications
approved pursuant to this article shall be subject to the following conditions:
(1) The public areas utilized shall be cleaned within two calendar days up
following any special event, and in all respects restored to its former condition.
(2) All city ordinances, rules or regulations applicable to the special event shall
be observed unless indicated in such section or waived by the growth management
director, or desianee, for good cause and the public interest of the city.
(3) The special event permit may be revoked by the city if any conditions listed
in (f� arise anytime after the issuance of the permit and prior to or during the special
event.
(g) Exemption of public right-of-way closures. Any special event or block party that is
temporarily blocking off, fencing, or in any way appropriating any publicly dedicated
street, sidewalk, or alley within the city for a special event or block party is hereby
exempt from section 62-2 of the city code of ordinances; however, such permit
application shall be subject to review in accordance with section 78-187(d). Closure of
any public right-of-way not within the city's jurisdiction shall require approval from the
appropriate authority. A"block party" is defined in section 78-751; a majority of
residents must consent to closure, and the event must be sponsored solely by such
residents and not be for any commercial or for-profit purpose.
(h) Special event contract and city service fees. The city may require, as a condition of
a special event permit, that the applicant enter into a contract with the city relative to the
duties and responsibilities of the permit holder as a condition of the special event. By
such contract, the city shall require that the applicant pay to the city the municipal costs
in providing services in support of the special event. The city may require that the
applicant pay to the city a user fee for the use of public property.
(i) Police services. The police department shall review the permit application and
assess the need for police services. If police services are required, the applicant will be
informed of such and will take the responsibility for contacting the police department
directly. The applicant is responsible for the cost of these services. The police chief or
his/her designee is the final authority on the need for police service, including the
number of officers required and the hours assigned.
(j) Fire rescue services/emergency medical services. The fire rescue department shall
review the permit application and assess the need for fire rescue services and/or
emergency medical services. If such services are required, the applicant will be
informed of such and will take responsibility for contacting the fire rescue department
directly. The applicant is responsible for the cost of such services. The fire chief or
his/her designee is the final authority on the need for fire rescue and/or emergency
Page 11 of 23
LDRA-10-04-000031/0rdinance 19, 2010
medical services.
(k) Community services. The community services department shall review the permit
and assess the need for community services. If services of the department are required,
the applicant will be informed of such, a�nd will take the responsibility for contacting the
community services department directly. The applicant is responsible for the cost of
such services. The community services administrator, or his/her
designee is the final authority on the need for communitv services.
�NOTE: These are administrative changes.]
(I) Appeal of permit application. The applicant may appeal, by written request, the
denial of a special event permit to the city manager's office or designee within ten days
of the growth management director's decision. The written request shall specifically
state what portion of the denial is being appealed. The city manager's office shall have
30 days to make a decision and to notify the applicant. The city shall reserve the right to
charge a non-refundable filing fee to offset all, or a portion of, the costs involved in
handling the appeal.
(m) Enforcement. Any violations of any provision of this article shall be enforced by
the code enforcement special master consistent with section 78-741(b) of the Municipal
Code.
SECTION 78-191. OUTDOOR SEATING.
(a) Applicability. Outdoor seating shall
restaurant, business, or institution serving
subject to the standards listed below.
be permitted as an accessory use
food or beverages in an enclosed
to a
area,
(1) Access. The outdoor seating area is adjacent to, and has direct access
through, a doorway to that portion of the business or institution which is enclosed.
(2) Location. The outdoor seating is located directly adjacent to the restaurant
or food service establishment and is owned or leased for this purpose.
(3) General circulation. The outdoor seating can be accommodated without
impeding the access of the general public to one or more of the following:
a. the enclosed portion of the restaurant or food service establishment;
b. any other use located within the same building or structure; or
c. any common elements shared by the restaurant or food service
establishment and any other users of the same building or structure.
(4) Safety. Outdoor seating shall comply with all building, fire, and safety code
requir�mentso
(5) Parking. Parking for areas utilized for outdoor seating shall be calculated
and provided as required in division 8 of article V. Outdoor seating shall not be
established if required parking cannot be prouided onsite or if a nonconformity is
created.
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Page 12 of 23
LDRA-10-04-000031/Ordinance 19, 2010
161 Outdoor furniture. Furniture that is desianed as outdoor furniture, which can
withstand the elements of the rain and intense sun shall be used.
('NOTE: Benches for seating is proposed to be exempt from review in a further
section and clarifies the t,ype of furniture to be used as outdoor seating furniture.]
(b) Review. Outdoor seating may be included as an element of an overall application
for development order approval, or as an amendment to an existing development order.
Anv outdoor bars that are visible from anv public riaht of wav must receive approval
from citv council. In addition to any other requirements contained herein, each
application for approval of outdoor seating shall include the information listed below.
�NOTE: C/arifies the process necessary for outdoor bars as accessory structures
to restaurants.]
. . � . . . . . -. .. .. -- - - •- --
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following:
1. Site plan. A site plan, at a scale acceptable to the city, which indicates the
a. The building for which the outdoor seating is proposed;
b. The location of the restaurant or food service establishment;
c. The proposed location of the outdoor seating, including number of
tables and chairs. any fencing, screening or materials to separate the seating
area; a�
d. The location of any sidewalks or other pedestrian walkways or
passageways adjacent to or affected by the proposed outdoor seating; and the
location of all existing or additional parking to be provided for the seating.-; and
e. If applicable, a coav of a valid and current state alcoholic beveraae
license to serve alcohol where the qroposed outdoor seatina will be, or anv other
license or permit reauired bv the citv for oaeration.
{4} 2. Consent. A copy of the written consent of the individual, corporation, or
other entity that owns the property upon which the outdoor seating will be located.
{-5-} 3. Indemnification. The applicant shall provide, in a form acceptable to the
city attorney, indemnification of the city for any liability for personal injury and property
damage due to the approval or existence of the outdoor seating.
{� 4. Renderings. Photographs, renderings, elevations, samples, and other
materials as may be required by the city which illustrate the following: the style and
Page 13 of 23
LDRA-10-04-000031/Ordinance 19, 2010
color e�of all furnishings and menu boards, and the color, style, and materials�
materials used for storaae, fencing, screening, or otherwise separating the outdoor
seating.
5. Alcohol. Alcoholic beveraaes mav be consumed in the outdoor seatina area
provided the primarv operation is licensed to serve alcoholic beveraaes in accordance
with Chapter 6. Alcoholic Beveraaes.
6. Revocation. The approval of outdoor seatina is conditional at all times. An
outdoor seatina approval mav be revoked or susqended bv the citv upon findina that 2
or more code violations have occurred reaardina the outdoor seatina within a calendar
ear or that the outdoor seatina is beina operated in a manner which constitutes a
nuisance, that undulv imaedes or restricts the movement of aedestrians or that in anv
wav constitutes a liabilitv. The revocation will be in writina. settina forth specific reasons
and arovidina an effective date.
�NOTE; This provides clarification to the requirements of the application.]
(c) Minimum standards. Outdoor seating shall, at a minimum, comply with the
standard listed below.
(1) Walkways. Outdoor seating shall be arranged, when in use, in a manner that
provides a pedestrian walkway of not less than six feet in width adjacent to each table.
(2) Multiple tenants. Outdoor seating located on a pedestrian walkway which
provides access to more than one occupant of a building shall provide an unobstructed
passageway of at least six feet in width. The unobstructed passageway shall be located
adjacent to, but not through, the outdoor seating area.
(3) Location. Outd�
affected restaurant or food
adjacent to any other usE
council.
�or seating shall be located only along the frontage of the
service establishment, and shall not be located in front of or
r or tenant, unless otherwise previouslv apqroved bv citv
(4) Prohibited location. Outdoor seating shall not be located within any area
designated for parking.
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Page 14 of 23
LDRA-10-04-000031/Ordinance 19, 2010
�NOTE: This provides flexibility for the screening requirement on a case by case
basis, as not all /ocations require screening.]
(6) Compatibility. Outdoor seating, including fencing and screening materials,
shall be compatible in color and style with the exterior of the building. Signs, lettering, or
advertising, excluding permitted menu board, shall not be attached to outdoor seating.
Small labels may be permanently attached to the furnishing to identify ownership for
security purposes.
(7) Storage. Outdoor seating and furnishings shall be stored in a secure manner
when not in use. If seatina and furnishinas are stored outside, solid dark colored tarps
shall be used to cover Heaters and other seasonal eauiament shall not be visible from
the aublic riaht-of-wav when not in use.
�NOTE: Provides clarification for acceptable types of storage requirements and
allows for consistent enforcement.]
(8) Hours of operation. Excluding outdoor seating located in inner courtyards,
outdoor seating service shall comply with the hours of operation noted below.
a. Sunday through �#�s�a� Wednesdav. All sales and service of food
and beverages are prohibited between the hours of 10:30 p.m. and 7:00 a.m.
b. €-�i�a-y� Thursdav through Saturday. All sales and service of food and
beverages are prohibited between the hours of �89--�+�a- 11:30 p.m. and 7:00
a.m.
c All live entertainment, music and/or saeakers located outside are
prohibited beainnina at 10:00 p.m. on anv niaht of the week unless aermitted
specificallv bv a special event.
�NOTE: Changes the days and time for permitted outdoor seating. Also, restricts
any live entertainment, music or speakers to be located outside past 10:OOpm in
areas of outdoor seating.]
(d) Exemptions. The followina shall complv with section 78-191 (a) however, thev are
exempt from formal review of outdoor seatina
(1) Casual Seatina without service. Businesses, institutions, or uses that serve
food or beveraaes solelv inside mav have outdoor casual seatina. such as a bench or
__ __
tables, and shall meet all accessibilitv standards.
�NOTE: Allows for outside causal seating for tenants such as an ice cream shop
or a takeout restaurant to place tables or benches outside the store, provided
they meet the accessibility standards. The number of tables is contingent upon
the amount of space permitted,J
f2) De minimus Standard. Businesses, institutions. or uses that serve food or
beveraaes mav be aparoved to serve food for outdoor seatina bv a maximum of two
tables or no more than 100 sauare feet, whichever is less, arovided thev meet all
accessibilitv standards.
�NOTE: Some tenants have a sma/l area that they can serve patrons oufside
which only aLlows for one or twa tab/e. This a/lows a business that serves food a
Donald Ross Village
Signage Request
Planning, Zoning and Appeals Board
July 20, 2010
Location
Donald Ross Road
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Request
•Request for Waiver from Sign Code to allow Building Sign at the top
of the northern elevation of the existing Homewood Suites Hotel by
Hilton.
•Request to relocate existing monument signs along Donald Ross
Road so they can be readable. The relocation require a setback
waiver.
Hotel Signage
Proposed Hotel Signage
•Hotel sign on the
north elevation.
•Signage would be
visible from Donald
Ross Road and
from within the
project.
Hotel Signage
•Hotel has received numerous complaints about inadequate signage.
•Lost patrons mean lost business.
•Hotels, by definition, serve out-of-town patrons who may be unfamiliar with area.
•Multiple Building Identification signs are common for hotels in the city.
•Doubletree Hotel, Marriot Hotel, Embassy Suites Hotel and Hampton Inn feature multiple building signs.
Hotel Signage
Monument Sign Locations
•Monument Signs to be re-
oriented to be readable and
perpendicular to roadway.
•Re-oriented signs to be
double-sided.
•Signs to be 5 feet from
property line and a minimum
of 20 feet from edge of
pavement.
Monument Sign Locations
Monument Sign Locations
20 to 25 feet
Monument Sign Views
Monument Sign Views
Monument Sign Views
Monument Sign Views
Monument Sign Locations
Monument Sign Locations
15 feet
Monument Sign Views
Monument Sign Views
Request
•Request for Waiver from Sign Code to allow Building
Sign at the top of the northern elevation of the existing
Homewood Suites Hotel by Hilton.
•Request to relocate existing monument signs along
Donald Ross Road so they can be readable. The
relocation require a setback waiver.
Donald Ross Village
Signage Request
Questions?
Donald Ross Village Sign Program
•Sign
program
approved
on
November
18, 2004
through
adoption of
Resolution
210, 2004
View of Hotel from Project
View of Hotel from Donald Ross Road
Two-Sided Monument Sign
City of Palm Beach Gardens
Donald Ross Village Planned Unit
Development (PUD) Signage Waiver
Planning, Zoning, and Appeals Board
July 20, 2010
Location of Donald Ross Village
Donald Ross Village PUD
•The subject request is for approval of two
waivers related to signage.
•The request includes:
–Locate one flat/wall sign above the first floor on
the north elevation of the hotel building.
–Re-orient two monument signs along Donald
Ross Road for better visibility.
Hotel Signage Amendment
•Hotel has an existing principal tenant sign on
the fifth floor of the west elevation.
–Code allows for one principal tenant sign
–Sign proposed on north elevation would require a waiver
–Additional sign would meet Code requirements and be
consistent with existing signage.
Hotel Signage
Monument Signage Amendment
•Two monument signs for the shopping
center were approved along Donald Ross
Road.
–Applicant proposes a double sided sign
oriented perpendicular to Donald Ross Road.
–Size of new monument size will be reduced.
–New signs will be architecturally compatible
with existing monument signs.
–Code requires a 15’ setback, new signs
propose 5’ setbacks
Waiver Requests
•Hotel Signage:
–Other buildings within plaza are approved for
two tenant signs via approved MSP.
–Many hotels within the City have two signs
(i.e. Doubletree, Marriott, Embassy Suites)
–Consistent with existing colors and signage
for the PUD.
Waiver Requests
•Monument Signage:
–Existing signage not readily visible from
Donald Ross Road due to parallel orientation.
–Re-orienting the sign to be perpendicular
encroaches into the 15’ setback. However,
20-25’ of landscaped road shoulder remains
between property line and edge of sign.
Staff Recommendation
•Staff recommends approval of Petition No.
MISC-10-01-000065 with two waivers.
Proposed Sign Code
Amendments
LDRA-10-03-000029 (Ord. 21, 2010)
Planning and Zoning Department
July 20, 2010
Background
•Direction from Council to revisit sign regulations
•Input from residents, business community, and other
City departments
•Purpose of amendments:
–Clarify, simplify, and update
–Provide consistency with current policy to reduce waivers
–Include sign regulations previously not addressed
–Simplify enforcement
Technical Amendments
•Clarify Intent & Purpose
•Update Nonconforming sign dates
•Eliminate outdated Section 78 -274 „Temporary
Signs‟
•Addressing –add minimum size & rooftop
addresses
•Correct name to PZAB –correct nomenclature
(continued)
Technical Amendments (con‟t.)
•Add “visibility triangles” for public safety
•Update prohibited signs and eliminate duplication
•Add regulations for LED traffic information signs
•Amend flag setbacks and dimensions, and allow
more flags with Council approval
•Delete fence/wall sign area calculation as
duplicative
Permitted Signs Amendments
•Increase number of residential entry feature signs
•Increase number of tenants on ground signs
•Simplify maximum size of wall signs*
•Allow additional signage adjacent to I -95/Turnpike
•Simplify window signs
(continued)
Permitted Signs Amendments (con‟t.)
•Allow roof signs for one story buildings w/ mansard
or hip roofs
•Simplify internal neon and LED signs*
•Allow increase in number of directional signs
•Allow rear wall signs for retail or mixed uses
•Allow 2nd floor tenant signs for office uses
•Allow changeable copy/digital display ground signs
for Public/Institutional uses*
Residential Entranceway Signs
Residential Entranceway Signs
Double-sided sign in
entrance median
# of Tenants on Ground Signs
•Total copy area
remains 60 square feet
•Up to 5 tenant names
allowed
•Uniform color
•Minimum 8” letter
height
•Leasing information
allowed on base
Ground Signs
3’
15’ max.
SIGN COPY AREA
60 square feet
maximum
10’ max.
Leasing info.
Visibility of signs from I-95 or Turnpike
•Currently: Only 1 wall sign allowed by Code
•Proposed: Allow an additional wall sign for buildings
adjacent to I-95 or Turnpike
–Valuable visibility
–Less waiver requests
Window signs
•Currently:
–15% of window can be covered by goods & services
–5% of window can be covered by name, hours, etc.
•Proposed: Simplify to 20% coverage for total copy
•Not more than 50% of a single window may be
covered.
Roof Signs
•Currently prohibited
•New signs would need to be through waivers
•Certain facades have limited sign location options
•Only for hip or mansard roofs
•Limit to one-story buildings
•Only for Principal tenants or tenants with over
5,000 gross leasable square footage
Roof Signs
Building Directional Signs
•Currently:Limited to 1 per building
•Proposed: Allowing 1 per building or 1 per 10,000
building square footage
Signs on rear elevation
Sign fronting major
roadway
Sign on rear elevation
(customer entrance)
Signs on rear elevation
Sign fronting major
roadway
Sign on rear elevation
(customer entrance)
Wall Signs for 2nd Floor Office Tenants
Existing ground floor
tenant sign
Proposed 2nd floor
tenant sign
Wall Signs for 2nd Floor Office Tenants
Existing ground floor
tenant sign
Proposed 2nd floor
tenant sign Existing principal
tenant sign
Questions / Further Discussion
Thank you!
Extra Slides
Wall Signs
•Current code regarding size unclear:
•Lesser of the following:
a.90 square feet; or
b.3% of the affected building façade located below
the 4th floor line and above the finished floor
elevation of the 1st floor; or
c.3% of the affected building façade located 30
feet above the centerline of the adjacent public
ROW.
Wall Signs
•Other current code restrictions:
•36” max. letter height
•Max. coverage is no more than 70% of
surface to which attached
•Principle tenant wall sign is only allowed for
parcel with at least 100 feet of ROW.
•Design Guidelines state: sign face should not
exceed 80% of the vertical or horizontal surface
upon which placed
Wall Signs
•The cases when options “b” or “c” are
extremely limited and current letter height
and 70% coverage regulations should be
offer enough protection.
•Amendments:
•Simplify to 90 square feet for principal tenants
•Add maximum of 70 square feet for other
tenants
Internal Neon & LED signs
•Neon currently permitted:
–3 sq. ft. or less
–White in color
–“Open” signs only
•Proposed: 3 sq. ft. neon or LED as long as not
visible from public right-of-way
–Removes color and content
Prohibited Signs
Removed:
•References to illumination of building outlines and
landscaping [Handled in the lighting section (Sec.
78-182(d)]
•Removed reference to flags
•Removed reference to roof signs
Prohibited Signs
Added:
•Signs created by colored illumination or shadows
•Menu pricing as exception to changeable copy
prohibition
•LED signs, unless otherwise provided for
•Pole signs, unless otherwise provided for
Also Added: Severability clause
LDRA-10-04-000031
SPECIAL EVENTS, OUTDOOR
SEATING & TEMPORARY SIGNAGE
CODE AMENDMENTS
Planning Zoning and Appeals Board July 20, 2010
Background
Business Community (NPBC Chamber and PGA Corridor
Association)
November 19, 2008 –Chamber meeting with President and Association and staff
January13, 2009 –Staff met with Association on code sections and information
February 9, 2009 –Staff had follow up meeting with Association
March 13, 2009 –Staff met with Chamber Government Affairs Committee meeting
April 3, 2009 –Chambers met to discuss information
May 20, 2009 –Staff met with Association to discuss proposed changes
Residents
Public Notice -Announcements, posters, ads, flyers, website
November 19, 2009 –Public workshop for citizen input
December 3, 2009 –Public workshop for citizen input
9 residents -total both meetings
City Council
June 6, 2009-Staff presented business community recommendations to Council
April 15, 2010-Staff presented recommendations based on input from business
community and residents
Special Events (Section 78-187)
Administrative changes
Requirements for outdoor music or live entertainment –
sound management plan
Specifying the use of vendors
Increasing the number of events
Three to four events every calendar year
For commercial/office plazas with 10 tenants or less from
five to eight events per year
For commercial/office plazas with 11 or more tenants from
ten to twelve events per calendar year.
Special Events (Section 78-187)
Signage:
One on-site sign per 50’ linear feet, for a maximum of
three signs;
Adding regulations regarding the traffic control
signage as on-site signage;
Removing off-site signage
Creating criteria for right-of-way banners; and
Creating criteria for traffic control signage.
Outdoor Seating (Section 78-191)
Requirements to the application
Alcohol license (if applicable)
Type of storage for outdoor furniture
Removing the notice requirements
Criteria for exemptions from outdoor seating review
Casual seating without service
De Minimus Standard –maximum 2 tables or no more
than100 sq. feet (whichever is less)
Amending the fencing and screening to be more
flexible
Requiring City Council approval for outdoor bars that
are visible from the public right-of-way
Outdoor Seating (Section 78-191)
Changing the hours of operation to Sunday through
Wednesday 7:00am to 10:30pm and Thursday
through Saturday 7:00am to 11:30pm.
Prohibiting all live entertainment, music and/or
speakers located outside beginning at 10:00pm
every night of the week, unless specified by a special
event permit.
Intended for areas adjacent to residential
communities
Creating a criteria for the type of furniture to be
used as outdoor seating.
Temporary Signs (Section 78-290)
Decreasing the setback requirements to 8 feet versus
15 feet from the public right-of-way
Creating a yearly permit for rental, lease and sale of
non-residential buildings and standards for the
temporary sign
Creating standards for yearly temporary signage for
consistency
Allowing the possibility of leasing information to be
placed on the projects monument sign
Creating an event signage criteria for special
occasions that are not defined as a special event
Definitions (Section 78-751)
Special Events
Regional event
National event
Outdoor bar
Sign, Event Signage
Sign, Right-of-way banner
Recommendation
Staff recommends approval of
LDRA-10-04-000031/Ordinance 19, 2010
Council 072700 Hibiscus Restaurant - Laserfiche WebLink Page 2 of 2
-An~oppammityuhnzvtinArtim~oyef
Wd-Y EO. Bor 1- P~IB B& Roridr SMW-1- (560 355-#)(11 FUC tW1) 3
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me Honorable JOB msm, mor and city Council Members ciw of Palm Beach oarClem
ear Mayor RU#O t cou ncll Memt)iw.
On August 17, 2000 you MI! be dlswsslng an amendment to the HiblEcUS Retaurant Planned Unit Development to albw outdoor !maUno. As the Dlstrlct 1 County Commlssloner, tepresentrng the unlneorpo-d resCdentbl nelghborhmd dlrectly to the north of the restaurant, I would like to voice my oom to the proposed amendment.
When thlsrltewasappfoved fora rssEaurant4n 1995, several resldemtsexpressed melt opposition to the outdoor see#ng because of nom. The Gwdens‘ Clly Councll wecMs#y lorohlblted outdoor seating In mpom to meit conms. while me Hlbtows Restaurant Is not a ‘sporb bar,’ tne.addltlon of aoutdoor #wtlng wlll stlll generate nolte, not only mm m% patrons at the tables, but evety tlms tb doors to the restaurant are opened. Whlle the condltlons PeIWnlnq to nobe Will renuin In etfect, It Wrll be hard to enf me and nolse wlll be emanate from Imlde the restaurant when then Is entertainment The resident3 sdjacent to the outdoor seatlng wlll losg their prl~acy and the noise will be an lnfnngernfmt on Chair qualtty of We.
Btablkhments with outdoor seating become a code emRmment problem when taw am directly adjacent to resldentlal uses bar both the Crty and the countv. You may recall the problems the cltyand county had Wth Watmway M. ~ltnmlly, the restaurant was forced to ourcrrirre me lumes because of se many molaints and it is very dlfffwlt to coorainate me code enfonement smce the#, were unkmmmted residents also.
10500 N. MllitsW Wall Pam BWCh Gardens, FL 334196698
I hope that you WIII g!ve my conm your wous mnslderat)on.
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