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HomeMy WebLinkAboutAgenda P&Z 081010� ` J �.}�y * * . _ ���+�'{ * �■ �� '�i:'- � ,�;:.:.� � •�', ��': �G� AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, AUGUST 10, 2010 AT 6:00 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE DIRECTOR OF PLANNING AND ZONING: NATALIE WONG • APPROVAL OF MINUTES: 07/20/2010 PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle Vacant (lst Alt.) Barry Present Roma Josephs (2"d Alt.) Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Joanne Koerner 1. Recommendation to City Council (Public Hearing) CUMJ-10-07-000017 Calvary Chapel Jupiter — Major Conditional Use A request from Nathan Murrell, agent for Calvary Chapel of Jupiter, Inc., to approve Major Conditional Use for the church, located at Palm Beach Gardens High School on the northeast corner of Military Trail and Holly Drive. The proposed church use includes the use of the school's auditorium, cafeteria, and approximately seven (7) classrooms. Project Manager, Kathryn Wilson, Planner, kwilson@pbgfl.com Planning, Zoning and Appeals Board August 10, 2010 2. Recommendation to City Council (Public Hearing) MISC-10-07-000073: PGA Marina Planned Unit Development (PUD) A request from Anne Booth, the agent for PGA Marina Center, Ltd., to approve an amendment to the PGA Marina PUD to increase the number of boat storage areas, and modify the site and landscape plan. The subject site is located at the northwest corner of PGA Boulevard and the Intracoastal Waterway. Project Manager, Kathryn Wilson, Planner, kwilson@pbgfl.com 3. 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 4. 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 5. OLD BUSINESS 6. NEW BUSINESS 7. ADJOURNMENT !n accordance with the Americans with Disabilifies Act and Floricla Statute 286.26, persons with disabilities needing special accommodations to participate in thas proceeding should contact the Caty Clerk's Office, no later than five days prior to the proceeding. at telephone number (561) 799-4120 for assistance; if hearing zmpaired, telephone the Floricta Re[ay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a perso:2 deczdes to appea[ any decision made by the P[anning, Zoning and Appeals Board, Loca[ Planning Agency, or Lund Developmer�t Regulatioves Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact [ega[ description and/or survey for the cases may be obtained from the files irr the Growth Management Department. Common/pz agenda 08.10.2010 2 � 2 3 4 5 6 7 8 9 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING J�JL�' Zoy 2010 The regular meeting was called to order at 6:00 p.m. by Chair Craig Kunkle. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL 1 o Members Present: Chair Craig Kunkle, Vice Chair Michael i l Hecht, Amir Kanel, Barry Present. 12 Members Absent: Joanne Koerner. 13 Also Present: City Attorney R. Max Lohman; Planning and Zoni 14 IV. ADDITIONS, DELETIONS AND MODIFICATION � 16 None. V. REPORT BY GROWTH 17 Planning and Zonin� Director Won� reported the City 18 Planned Community Development (PCD) Amendment (Resol 19 VI. APPROVAL OF MINUTES 20 Michael Panczak made a motion to appro,ve the June 29, 201 21 Barry Present seconded. 22 Motion passed 6-0. 23 VII. PUBLIC HEARINGS 24 Those preparing to give testimony were sworn in, approved the ; 2010). Hansen, Joy Wong. National 25 1. Recommendation to Citv Council (Public Hearing)'(Quasi-Judicial Hearing) 2� MISC-10-01-000065: A request by Donald Ross Military LLC, for approval to locate one (1) 27 flat wall sign above �he second floor-line on the north:elevation of Building H, and re-orient two 28 (2) monument signs located al�ng DQr�ald Ross� Road. The Donald Ross Village PUD is 29 approximately 45-acres and' is, ]ocated a�on� the south side of Donald Ross Road between KL 31 32 33 34 35 Military Chair opened the pi �t: None. closed the pu �sen <made a n 3� Joy Hechtseconde 37 Motion passed 6-0. Kilday Studios. hearing. ►n for approval. 38 2. Recommendation to City Council (Public Hearin�) 39 LDRA-10-03-000029t Citv initiated request to amend the LDR's to revise the si�n Code: A 4o City-initiated request to amend the City's Land Development Regulations ("LDRs") in order to 41 comprehensively amend the sign regulations regarding the purpose and intent, permitted signs, 42 prohibited signs, other related issues, and certain definitions. 43 Presentation bv: Planner Martin Schneider. 44 Chair Kunkle opened the public hearin�. 45 Public Comment: Joev Eichner, PGA Corridor Association; Anne Booth, Urban Design Kilday 46 Studios. PLANNING� ZONING AND APPEALS BOARD REGULAR MEETING Page 1 07•20• 10 i 2 3 4 5 6 7 s � lo 11 12 13 14 15 16 17 18 19 20 Chair Kunkle closed the public hearing. Discussion ensued. Barry Present made a motion for postponement to date certain August 10, 2010. Michael Panczak seconded. Motion passed 6-0. 3. Recommendation to City Council (Public Hearin�) LDRA-10-04-000031: Land Development Re�ulations chan�es to Section 78-187 for Special Events, Section 78-191 for Outdoor_Seating, Section 78-290 for Temporary Si�nage, and Section 78-751 for Deiinitions: A City-initiated request to amend Regulations ("LDRs") in order to clarify and revise the spe temporary signage, and definitions sections. Presentation bv: Resource Manager Allvson Black. Chair Kunkle opened the public hearing. Public Comment: Eileen Tucker, 1045 Shady Lakes Circle, DeFrancesco, 1049 Shady Lakes Circle, Palm Beach`Gardens; Association. � ` Chair Kunkle closed the public hearing. Discussion ensued. Barry Present made a motion for postponement to date certain Au seconded. _ 21 Motion passed 6-0. 22 VIII. OLD BUSINESS 23 None. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 IX. NEW BUSINESS None. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07•20• 10 s Land Development ts, outdoor seating, Palm Joev ] 10, 2010. Gardens; Vito PGA Corridor Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 X. ADJOURNMENT Chair Kunkle adjourned the �neeting at 7:23 p.m. The next regular meeting will be held August 10, 2010. APPROVED: Alr Craig Kunkle, Chair Donna M. Cannoza IWlunicipal Sexvzces Caordinatar Note: These minutes are prepared in compfiance 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 07•20• 10 Page 3 CITY OF PALM BEACH GARDENS PLANNING & ZOIVING COMMISSION Agenda Cover Memorandum Meeting Date: August 10, 2010 Petition No. CUMJ-10-07-000017 SUBJECT/AGENDA ITEM CUMJ-10-07-000017 Calvary Chapel Jupiter — Major Conditional Use Public Hearing and Recommendation to City Council: A request from Nathan Murrell, agent for Calvary Chapel of Jupiter, Inc., to approve Major Conditional Use forthe church, located at Palm Beach Gardens High School on the northeast corner of Military Trail and Holly Drive. The proposed church use includes the use of the school's auditorium, cafeteria, and approximately seven (7) classrooms. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB Action: Planning and Zoning: City Attorney: Rec. a roval Finance L l Pp Proj�ct�Manager: Administrator: [] Rec. app. w/ cond. R. Max Lohman, Esq. `�:��' [] Rec. Denial Kate Wilson N/A [] Continued to: Development AI►an Owens Compliance: Re�ource Manager: �� f� Bahareh K. Wolfs, AICP Allyson Black Accountant: [X] Quasi — Judicial Attachments: Director of lanning and L] Legislative ❖ Resolution 28, 2007 Zo 'n : [X] Public Hearing Sarah Varga '�' Location Map ❖ Project Narrative ❖ Traffic Statement Advertised: Fees Paid: [X] �:• Sign Location Plan atalie M. Wong, AICP Date: July 28, 2010 Yes •:� Sign Exhibit Paper: Palm Beach •:� Traffic Circulation Approved By: Post Budget Acct.#: Plan City Manager [X] Required N/A [ ] Not Required Ronald M. Ferris A►ffected Parties: [X] Notified ( ] Not Required Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 2 of 9 BACKGROUND Resolution 28, 2007, approved the Palm Beach Gardens High School site plan and major conditional use for the school (see attached Resolution 28, 2007). The site is approximately 40 acres and is located on Military Trail between Lilac Street and Holly Drive (see attached Location Map). Palm Beach Gardens High School would like to allow the Calvary Chapel Church to utilize their facilities on Sunday mornings. The church will be holding one (1) service on Sunday mornings only, and will occupy the existing auditorium, which contains 850 seats. The church anticipates using a total of 400 seats on a weekly basis; however the proposed conditional use assumes the use of the total number of seats in the auditorium. In addition to the auditorium, the church would occupy the school cafeteria and various classrooms for their children's ministry. The church will only operate on the site on Sunday mornings, and will not utilize the school facilities at any other time (see attached Project Narrative). LAND USE & ZONING The subject site has a Future Land Use designation of Public (P) and an underlying zoning designation of Public or Institutional (P/I) with a Conditional Use (CU) overlay. Table 1. Existing Land Use and Zoning Designations • � � Subiect Property Palm Beach Gardens High School PUD / P/I / CU P North Golfers Village RM RM Lilac Park P/I ROS South Plat 6 RL3 RL East Plant Drive Park P/I ROS Nativity Lutheran Church RM RM W est Palm Gardens Condominiums, RM RM Garden Trail, Golf Estates Villas CONCURRENCY The proposed use was evaluated by the City's Traffic Consultant and determined to be in compliance with the Countywide Traffic Performance Standards (see attached Traffic Statement). Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 3 of 9 PROJECT DETAILS Project Site The proposed use will be located within the existing Palm Beach Gardens High School building. No site or building modifications are proposed to accommodate the use. Parkinq The approved site plan for Palm Beach Gardens High School contains 731 parking spaces. Based on the City's parking requirements, the church requires 283 parking spaces (calculation is based on 850 seats). Since the church will only occupy the school facilities on Sunday mornings when school is not taking place, the church will utilize the existing parking spaces on site, which well exceeds the church's parking requirement. The attached Traffic Circulation Plan shows the traffic flow and designated church parking area. Site Access No changes to the existing access are proposed with this petition. The site currently has two (2) vehicular access points on Lilac Street and two (2) on Holly Drive. The Applicant proposes to have two (2) police officers on site to assist in directing and monitoring the traffic flow. As shown on the attached Traffic Circulation Plan, the church patrons will enter and exit the site from Lilac Street (western most entrance). Upon exiting, southbound vehicles will be directed to turn right on Lilac Street and use Holly Drive to make a left turn onto Military Trail. Northbound vehicles will be directed to turn left on Lilac Street towards Military Trail. A condition of approval requiring the presence of at least one (1) police officer has been included to ensure the traffic is well monitored. Si.qnaqe The Applicant is proposing three (3) directional signs (see attached Sign Location Plan). All three (3) signs are temporary in nature in the sense that they will only be displayed on Sunday mornings during church operations. The signs are intended to direct the church patrons to the designated parking area upon entering on site, and into the appropriate lanes upon exiting. Sign 1 will be located at the northwest corner of the subject site along Military Trail, Signs 2 and 3 will be located internal to the designated parking area. All three (3) signs meet the standards in the City's sign code (see attached Sign Exhibits). In addition, the City will be installing a traffic directional sign on Lilac Street directing traffic exiting the site northbound and southbound on Military Trail, as shown on the Sign Location Plan. This will alleviate traffic until the intersection light is installed. Landscapin.q No changes to the existing landscaping are proposed with this petition. Phasinq The conditional use will not be completed in phases. Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 4 of 9 Drainaqe No changes to the existing drainage are proposed with this petition. MAJOR CONDITIONAL USE ANALYSIS Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Place of Worship within a P/I zoning district as a Major Conditional Use. A Conditional Use Analysis has been conducted in accordance with Section 78-52, Conditional Uses, (d) Criteria, of the Land Development Regulations. The following is Staff's analysis based on the criteria set forth in Section 78-52(d), Conditional Uses: 1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The comprehensive plan designation for this site is Public (P). The zoning designation is Public or Institutional (P/I), which is consistent with the comprehensive plan designation. The proposed use of a church is a conditional use within the P/I district. The proposed use is consistent with the City's Comprehensive Plan. 2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed major conditional use is consistent with all requirements of Chapter 78. 3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. The proposed use is consistent with the standards listed in Section 78-159, Table 21 Permitted, Conditional and Prohibited Use Chart: Place of Worship (note 49). (Note 49) Churches and places of worship shall comply with the standards provided below: (a) Less than 1,000 permanent seats or approved capacity may be located as a major conditional use in any residential zoning district, and in CG-1, CG-2, and P&I zoning districts. Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 5 of 9 (b) More than 1,000 permanent seats or approved capacity may be located as a major conditional use in the following districts: CG-1, CG-2, PI, M-1, M-1A, and M-2. (c) Typical uses associated with churches and places of worship include the following: 1. Sanctuaries, assembly halls, or similar large meeting rooms where religious services are held; 2. Community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; 3. Offices utilized for administrative purposes related to the operation of the church or place of worship; 4. Religious merchandise or merchandise related to the operation of the house of worship may be sold in an accessory retail facility; 5. Playgrounds and athletic fields; and 6. Rectory or similar residence for religious officials, limited to one per place of worship. (d) The following uses may be included within any major conditional use approval granted by the city council to establish a church or place of worship, or as an additional major conditional use operating as part of the facility: 1. School, elementary or secondary; 2. Day care, child; 3. Day care, adult; 4. Assisted living facility; and 5. Monastery or convent. (e) Additional standards applicable to churches and places of worship are provided below. � Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 6 of 9 1. Up to 50 percent of required parking may be grassed consistent with section 78-372 of this chapter. 2. Minimum lot size is two (2) acres. 3. Churches and places of worship with more than 1,000 seats or approved capacity shall be Iocated on and provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. 4. Lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts. 5. All day care centers, elementary or secondary schools, monasteries or convents, or assisted living facilities shall provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. (f) Temporary uses such as special events, outside services, seasonal sales, seasonal displays, other events of a limited nature may require a special events permit or approval as required in section 78-187. The Applicant acknowledges these requirements. Public welfare welfare by: The proposed use provides for the public health, safety, and (a) Providing for a safe and effective means of pedestrian access; No changes to the existing pedestrian access points are proposed with this petition. The parking lot and internal access provide safe and efficient pedestrian access to the existing buildings. (b) Providing for a safe and effective means of vehicular ingress and egress; No changes to the existing vehicular access points are proposed with this petition. The Applicant plans to hire police officers to assist in the monitoring and directing of traffic generated by the proposed use. In addition, the traffic directional signs proposed as part of the petition will assist in providing safe vehicular circulation. (c) Providing for an adequate roadway system adjacent to and in front of the site; Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 7 of 9 No changes to the existing points of ingress and egress are proposed with this petition. The Applicant plans to hire police officers to assist in the monitoring and directing of traffic generated by the proposed use. In addition, the traffic directional signs proposed as part of the petition will assist in providing safe vehicular circulation. (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and The Applicant has submitted a Traffic Circulation Plan that shows the manner in which the patrons will enter and exit the site and provides a designated parking area. In addition, a Traffic Statement has been included that demonstrates that the church meets the Countywide Traffic Performance Standards. (e) Providing adequate access for public safety purposes, ineluding fire and police protection. No changes to the existing site configuration are proposed with this petition. 5) Screening and bufFering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) (b) (c) (d) (e) �� �J) (h) (i) �J) Noise, Glare, Odor, Ground, wall, or roof-mounted mechanical equipment, Perimeter, interior, and security lighting, Signs, Waste disposal and recycling, Outdoor storage of inerchandise and vehicles, Visual impact, Hours of operation. The proposed use will occupy an existing school facility and will not have any negative impact on the surrounding properties. The church will utilize the school's indoor auditorium; therefore, there will be no outdoor noise generated. The use will not produce a glare or odor, does not require additional mechanical equipment or lighting, will utilize existing waste disposal and recycling, will not store merchandise or vehicles outdoors, and does not have a negative visual impact. The church has proposed signage, which was discussed above, and will only operate on Sunday mornings. Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 8 of 9 6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed use will have no impact on utilities on or off the site. 7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All applicable dimensional requirements have been met. 8) Neighborhood Plans. The proposed use is consistentwith the goals, objectives, policies, and standards of neighborhood plans. �' There is no neighborhood plan for this area. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The proposed use will occupy an existing school facility, which received a similar major conditional use approval. The use is permitted within the zoning district, is complimentary in nature to the existing use, and will not negatively affect the surrounding development. 10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed use does not require additional development. 11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. This use is complimentary in nature to the existing use, and meets the intent of this chapter. 12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The proposed use does not require additional development. 13) Environmental impact. The design of the proposed use minimizes any advers� Meeting Date: August 10, 2010 Petition: CUMJ-10-07-000017 Page 9 of 9 impacts that may be created, including impact on environmental resources including air, water, storm water management, wildlife, and wetlands. and natural vegetation, The proposed use does not require additional development; therefore, all environmental impacts were assessed with the previous approval. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On July 22, 2010, the subject petition was reviewed by the DRC committee. To date, no objections have been received. Since then, staff has been working with the Applicant to address comments related to the project through the review process. STAFF RECOMMENDATION Staff recommends APPROVAL of petition CUMJ-10-07-000017 with the following conditions: 1. The maximum number of seats permitted to be used by the church shall not exceed 850. Broadcasts to any other location outside the school auditorium intended to serve more than the 850 permitted seats in the church is prohibited. This condition shall not be construed to prohibit the broadcast or webcast of such services to other remote locations or to individual personal computers or electronic devices. (Planning & Zoning) 2. The church shall provide, at their expense, at least one (1) officer on site during the designated church hours to assist in the control of the traffic circulation. (Planning & Zoning) 3. The signage approved with the subject petition is reserved for the church use only. The church signage is permitted to be displayed only on Sunday mornings during designated church hours. (Planning & Zoning) 1 2 3 4 5 6 7 8 9 30 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: February 28, 2007 �ttt� #�tT1�C1dt7ik'I��S �'1"c�j36���i:t�}t �t;Ot�{: F�t��3`#� RESOLUTION 28, 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORlDA APPROVING THE SITE PLAN AND A MAJOR CONDITIONAL USE FOR THE 39.74-ACRE PARCEL OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF LlLAC STREET AND MILITARY TRAI�, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS THE "PALM BEACH GARDENS HIGH SCHOOL"; ALLOWING THE REDEVELOPMENT OF THE EXISTING HIGH SCHOOL; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received Petitions PPUD 06-12-000012 and CUMJ 06- 03-000003, which includes a request #or a major conditional use and site plan approval to allow the demolition of the existing high school and the construction of a new high school facility on the 39.74-acre site, generally located at the southeast corner of Lilac Street and Military Trail, as more particularly described herein, ta be referred to as "Palm Beach Gardens High School"; and WHEREAS, the subject site has a land-use designation of Public (P) and a Public or Institutional (PI) zoning classification with a Conditional Use overlay; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application at a public hearing at its January 9, 2�07, meeting and voted 7-0 to recommend its approval to the City Council; 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. NOW, THEREFOR�, 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. 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: February 28, 2007 Resolution 28, 2007 iNit::A 'en�men#:::::�ra''�s�d<Ei'€;�e:::`:E:::�s�rzf _. .: h.:.,t?� :..:::... : ::::: :s::: :,::.p::: :.:::::::::Y:::::::�Q:: �:::::::::: SECTION 2. Petitions PPUD 06-12-000012 and CUMJ 06-03-000003 are hereby APPROVED on the following described real property to allow the redevelopment of an existing high schooi, generally lacated at the southeast corner of Lilac Street and Military Trail, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PALM BEACH GARDENS HIGH SCHOOL LEGAL DESCRIPTION (PER TITLE COMMITMENT): TME NORTH 1,000.00 FEET OF THE SOUTH 1,050.00 FEET OF THE WEST 875.00 FEET OF THE EAST 1,742.22 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. T�GETHER WITH BEING A 1,000.00 FOOT BY 333.00 FOOT PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORfDA; BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY RIGHT-OF-WAY OF HOLLY DRIVE 100.00 FEET WIDE AS SHOWN IN RECORD PLAT NO. 6, CITY OF PALM BEACH GARDENS AS RECORDED OCTOBER 9, 1962 IN PLAT BOOK 27, PAGES 130, 131, AND 132 OF PALM BEACH COUNTY RECORDS, SAID POINT BEING 568.00 FEET EASTERLY (ALONG SAID NORTH RIGHT- OF-WAY OF HOLLY DRIVE) FROM THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 12; THENCE NORTHERLY, AT RIGHT ANGLES TO SAID NORTH RIGHT-OF-WAY OF HOLLY DRIVE, A DISTANCE OF 125.00 FEET TO A POINT; THENCE CONTINUING NORTHERLY, AND PARALLEL TO THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 875.00 FEET TO A POINT: THENCE EASTERLY, AND PARALLEL TO THE SOUTH LINE OF SECTION 12, A DISTANCE OF 333.10 FEET TO A POlNT; THENCE SOUTHERLY, AND PARALLEL TO AND 1,742.22 FEET FROM THE EAST LINE OF SECTION 12, A DISTANCE OF 1,000.00 FEET TO A POINT IN SAID NORTH RIGHT-OF-WAY OF HOLLY DRfVE; THENCE WESTERLY AL.ONG SAID NORTH RIGHT-OF-WAY OF HOLLY DRIVE, A DISTANCE OF 333.26 FEET TO THE POINT OF BEGINNING. TOGETHER WITN A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (1/4) CORNER OF SAID SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 28, 2007 Resolution 28, 2007 ;`it ::,;1�::;:eridmen#s:: :":�><as�d'.::°.,,< `:tia `E:<�4�f'd 1A1: h :,::t?� ::::.::,::::::::. ,:. F�t;::.P::::.: :: ::b�:.�c,:.. o :.:. .......... COMMENCE AT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 12; THENCE ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER (1/4) N00°40'21"E FOR 175.00 FEET; THENCE S89°14'29"E FOR 63.56 FEET TO THE EASTER�Y R1GHT-OF-WAY LINE OF MILITARY TRAIL PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 93600- 2608, STATE ROAD NO. S-809 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCE�; THENCE CONTINUE S89°14'29"E FOR 504.44 FEET; THENCE PARALLEL WITH THE SAID WEST LINE OF THE SOUTHEAST QUARTER {1/4) N00°40'21"E FOR 1025.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF LILAC STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY FOR THE FOLLOWING THREE (3) COURSES: (1) THENCE N89°14'29"W FOR 489.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 25.00 FEET; (2) THENCE WESTERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 12°58'40" FOR 5.66 FEET; (3) THENCE S38°01'37"W FOR 12.80 FEET TO A P�INT ON A NON- TANGENT CURVE, CONCAVE TO THE WEST, NAVING A RADIUS OF 2,924.79 FEET, WHERE THE RADIAL LINE BEARS S88°22'43"W, SAID POINT LYING ON THE SAID EASTERLY RIGHT-OF-WAY LlNE OF MILITARY TRAIL: THENCE ALONG SAfD EASYERLY RIGHT-OF-WAY FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CEN7RAL ANGLE OF 21 °7'38" FOR 117.10 FEET TO A POINT OF TANGENCY; (2) THENCE S00°40'21"W FOR 755.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2924.79 FEET; (3) THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 2°46'18" FOR 141.49 FEET TO THE POINT OF BEGINNING. TOGETHER WITH; A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 969.88 FEET OF THE WEST 50 FEET OF THE EAST 867.22 FEET OF THE SOUTHEAST '/4 OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, LESS TNE SOUTH 50 FEET THEREOF FOR HOLLY DRIVE RIGHT-OF-WAY. CONTAiNING 39.74 ACRES, MORE OR LESS. � 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 Qate Prepared: February 28, 2007 Resolution 28, 2007 V�?itf�;:A�i'eitdrri�ri#s::i�r�s :::�s�d;i:p:':;i�c�i`aqE:::�p�r<# _ :...:...:.:.:..:: ::...:...:...:.....p ........ Y........................._ SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the foliowing waivers: 1. Section 78-144, Civic and institufiona/ zoning district regulations, Table 19, waiver to increase the maximum building height by 6 inches. SECTION 4. This approval is subject to the following conditions of approval, which sha11 be the responsibility of the Applicant, its successors, or assigns: Planninq and Zoninq 1. 2 one year after completion of the school modernization improvements, perform an annual intersection analysis until the sooner of (1) five vears, ar _ ... . .. . .... .. .. ..... _ . . . . . . . _....__. ._ _ _ _ . (2) until such time as the ;: ' �pprc���l>i� t�btatr��d;. {Planning & Zoning, Police) Upon completion and opening of the new parking lot off of Lilac Street, the Citv shall be authorized to conduct periodic Traffic Operations Analvsis. the Ci (Planning & Zoning, Police) � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2Q 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 28, 2007 Resolution 28, 2007 3. Approval of the subject appiication shall grant the Applicant the authority to construct improvements for ingress and egress purposes within the property identified as "Parcel 2" within the Easement Grant between the School Board and the City of Palm Beach Gardens dated January 7, 1969. (ORB 1698; PAGE 1198) (Public Works, Planning & Zoning) 4. Alf on-site lighting shall be cast downward and shall be shielded from adjacent residential properties. (Planning & Zoning) Engineerinq 5. The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) 6. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 7. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at any time durmg the project development it is determined by the City Enq►rs�er'�nd �l�`� �ou#h� ���ar#�� �a#�r t�1lar�aq�rr�er�# C1'i���' `fi that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) 8. The Applicant shall provide a letter of authorization from the utility easement owners authorizing encroachment of the landscape buffers within their respective utility easements. (City Engineer) 9. On or before May 1, 2008, the Applicant shall provide the City with a drainage easement over the 50-foot-wide Parcel 5480, which runs along the eastern property line. (City Engineer) Police 10. Prior to the initiation of vertical construction, the (Police, Planning & Zoning) 5 icant shall 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 11. Street. Miscellaneous Date Prepared: February 28, 2007 Resolution 28, 2007 ti�it�i:;�;t?`iert�►ii:�t�#s:j�i'a `QS�d':;Ei ;;:;Sc�i'esol::�o�rzf F? ....... ......�............................ in�ress/e�ress points.off of Lilac -: <.:: < :,. ,.; :::;.:.:±:.: ::.:, ::..::: .:. :.. : ...:;;...: (Pol i ce) 12. The Applicant shall notify the City's Public Works Division at least 10 working days prior to the commencement of any work/construction activity within any public right-of-way. In the case of a City right-of-way, the Applicant has five working days to obtain a right-of-way permit from the City's Construction Services Division. Failure to comply with this condition shall result in a Stop-Work Order of all work/construction activity within the ,: public right-of-way ��-�N;�j ,,.;.,. ,;;:.. ;.:.. ';,.;. (Construction Services) 13. The build-out date for this project shall two years from the date of approval of this Resolution, unless extended per City Code Section 78-61. (City Engineer) SECTION 5. This property shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. Sheet G1-1: Site Plan, prepared by Sylla Incorporated, dated October 10, 2005, and last revised on February 12, 2007; dated and stamped by the Pianning and Zoning Division on February 22, 2007. 2. Sheets L1-1 through L1-5: Landscape Pian, prepared by Sylla Incorporated, dated August 31, 2006, and last revised on October 27, 2006; dated and stamped by the Planning and Zoning Division on February 22, 2007. 3. Sheet A4-1 through A4-11: Architectural Floor Plans and Elevations, prepared by Tercilta Courtemanche Architects, Inc., dated October 10, 2005, and last revised on February 12, 2007; dated and stamped by the Planning and Zoning Division on February 22, 2007. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshap or public hearing. SECTION 7. This Resalution shall become effective immediately upon adoption. 0 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: February 28, 2007 Resolution 28, 2007 1Nitii::Atrieit�m�i�`ts:l�i`�?:<os�d!:�i: :>Se�''t<:C� `� :'i� l? :........:....Y.....:.....4:::. G::1':: PASSED AND ADOPTED this 3'`"'� day of _� , 2007. ATTEST: BY:�� CM.� Pat icia Snider, C, City Clerk APPROVED AS TO FORM AND LEGAL SUFF[CIENCY BY: �H �./ r!.(/�1/ o � 1"- VOTE: CITY OF PALM BY: //____,� e P. Tatum, Cit�Attorney MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT AYE NAY � ✓ _� �_ �_ ABSENT G�DEN,9, FLORIDA Mayor G:lattorney_share\RESOLUTIONS\site plan approval for pbghs - reso 28 2007-revised after first readingl.doc % � r^ � � , ; LOCATION MAP Calvary Chapel Jupiter s 4 � � �'*a .-- � � Jy� �� { s''"���-�,��'"L k x _ "ea � i � � 'r �''1.,rd. . �.*�'�i :.t"aI. ��.c ¢ j ;�`� WS'r'^�,r; ^�v�,• �. � ey „,o, '� ° �'f. 4 A' � � Tt' � ,,11� . '� y ��,_ �.. 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Project Narrative Calvary Chapel Jupiter Major Conditional Use Application Description of Use Calvary Chapel Jupiter is renting the Palm Beach Gardens High school auditorium, cafeteria, and 7 classrooms by the hour on Sunday mornings. The auditorium will be used for an hour and fifteen ininute church service. The cafeteria and classrooms will be used for our children's ministry space from infant to 6t�' grade for their Sunday school classes. Our service time is Sunday froin 10:00 am to 11:15 am. The school facilities will be used by the church onlv during this time. There will be limited if any interaction with other school uses as we are meeting onlv on Sunday mornings and there is no school activity typically scheduled during this time. Once again, we are ineeting in the auditorium for the worship service, the cafeteria for KS-4t�' grade class, and in classrooms in the 300 building for our preschool space. The preschoolers are divided by 0- 6 month infant nursery, 6-12 months, 12-24 months, 2 year olds, 3 year olds, 4 year olds, and St�' and 6t�' grade in one room. We are using the full auditorium which seats 850; however, we are currently using about 400 of those seats. We are not using office space at the school, as again we are only renting by the hour for Sunday morning as an independent church with no other ties or relationship with the school. The Auditorium is approxiinately 14,000 sf (including the Lobby area). The Cafeteria is approximately 6,705 sf Each Classroom is approximately 810 sf Si�na�e We would like to have permission to place a bamler sign in a pvc frame on the corner of Lilac Street and Military Trail direction patrons to the school parking lot. In addition, we would like permission to place a sign on the gate at the actual parking lot entrance off of Lilac Street to point into the entrance (please see the attached Sign Location Plan). Both of the signs are temporary, and would only be displayed prior to the service time each Sunday morning and removed at the end of the service. Traf�c Circulation The traffic circulation and parking will no different than that typical to the use by the school. The congregants typically arrive fifteen minutes to a half hour prior to the service. They will enter from Lilac Street into the large parking lot west of the auditorium (see attached Traffic Circulation Plan). At the end of service they will exit the same direction for about the same time frame as the entry. We have already hired two (2) PBG police officers to be present each week to monitor and direct the flow of traffic in and out of the Lilac Street/Military Trail entrance. �TC __ _ ___ __ ___ _ _ _ _ _ _ _ _____ _ ___ _ ITransportation Consultants 511�4 Okcc�chohec l3oulevard, tiuitr 3I11 July 21, 2010 Ms. Kathryn Wilson City of Palm Beach Gardens, Planning & Zoning 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Calvary Chapel - #PTC10-006E Dear Ms. Wilson: Wcst Palm f3each, FL 33-11?--15U-} (>611 296-9G98 F�x 29(i-969�) www.pindertroutman.cc�m Certi(i�ate of Authc>rization Numh��r:'989 The purpose of this letter is to provide a traffic statement for the above referenced project. It is proposed to utilize portions of the Palm Beach Gardens High School for Sunday services for the Calvary Chapel. It is proposed to use the following school facilities: ❖ Auditorium •:• Cafeteria •'• Classrooms 14,000 SF 6,705 SF 5,670 SF 26,375 SF Attachment 1 provides the Sunday daily and peak hour of generator trip generation for the proposed project. It is proposed to have two (2) Palm Beach Gardens police officers directing traffic at the �ilac Street and Military Trail intersection before and after services to address traffic circulation. No weekday impacts will be generated by this development. Therefore, the proposed project is in compliance with the Countywide Traffic Performance Standards. If you have any questions, please do not hesitate to contact this office. Sincerel�v;� � , �' ' � . �'_. l ;,-� � :% 1 � 'L , p � "�� � / � / // , �� `��i� i .'i( //rG. �.� / l t.C/ �� -��.� ���nc��ea M. Troutman, .E. /z � /� FI°/ ��ida Registration #�45409 � G' ✓ AMT/Idr Attachment PinderTroutman Consulting, Inc. 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CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: August 10, 2010 Petition No. MISC-10-07-000073 SUBJECT/AGENDA ITEM MISC-10-07-000073: PGA Marina Planned Unit Development (PUD) Public Hearing and Recommendation to City Council: A request from Anne Booth, the agent for PGA Marina Center, Ltd., to approve an amendment to the PGA Marina PUD to increase the number of boat storage areas, and modify the site and landscape plan. The subject site is located at the northwest corner of PGA Boulevard and the Intracoastal Waterway. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: PZAB: City Attorney: Planning and Zoning: Finance [] Rec. Approval N/A Administrator: [] Rec. Approval with R. Max Lohman, Esq. Resource Manager: Conditions p „ N/A [ ] Rec. Denial ��h'� Allan Owens [ ] Continued to: Development Compliance: ���� Allyson Black � � Bahareh K. Wolfs, AICP Project Manager: Accountant: Director of Planning and ��r���-%/ -�_ Zon'n . Kate Wilson, Planner Sarah Varga Attachments: [X] Quasi — Judicial Fees Paid: [X] ❖ Location Map a alie M. Wong, AICP [] Legislative Yes ❖ Project Narrative [X] Public Hearing ❖ Reduced Plans Budget Acct.#: Advertised: N/A Approved By: [ ] Required [X] Not Required City Manager N/A Affected Parties: Ronald M. Ferris [ ] Notified [X] Not Required Meeting Date: August 10, 2010 M I S C-10-07-000073 Page 2 of 5 BACKGROUND Ordinance 31, 1997, approved the PGA Marina PUD to allow 264 dry storage slips, 20 wet storage slips, a 36,355-square foot boat warehouse building with an accessory 600- square foot marina store, a 2,244-square foot boat sales building, a 1,250-square foot two-story commercial building, 52,100 square feet of outdoor sales area, and 46,050 square feet of outdoor storage area. Subsequently, an Administrative Amendment was approved in 2006 to allow an increase in the number of dry storage slips on the site to allow a total of 394 dry slips, to relocate and add parking spaces, and to increase the amount of landscape open space. The subject petition includes a request to add three (3) new boat storage areas, reduce the parking stall widths, and approval of a waiver from the number of required parking spaces. In addition, the Applicant is proposing to add additional open space, enhance the existing landscaped areas, and improve the overall operations of the marina. The new boat storage areas will be used for the existing boats on site. The subject petition was initiated from a code enforcement citation, because boats were being parking in vehicular parking spaces. The petition does not propose any additional boat slips, rather provides additional boat storage areas to assist in the marina's more efficient operations. The Applicant has proposed changes to the storage areas and parking areas with consideration to the vehicular and boat traffic circulation on site. With the proposed addition of parking spaces, and pavement markings, staff believes that the marina will function more efficiently than it currently does. LAND USE & ZONING The subject site has a Future Land Use designation of Commercial (C) with a zoning designation of General Commercial (CG1) and Planned Unit Development (PUD) overlay. (The remainder of this page left intentionally blank.) Meeting Date: August 10, 2010 M I SC-10-07-000073 Page 3 of 5 Table 1. Surrounding Zoning & Land Use Designations � - � � Subject Property pUD/CG1 C PGA Marina North Marina Gardens RH/RM RH/RM Soverel Harbour Marina CG1 C Riverhouse Restaurant CG1 C South Waterway Cafe CG1 C East Seasons 52 Restaurant PUD/CG1 C West Harbour Financial Center CG1 C CONCURRENCY No additional concurrency approval is requested with the subject petition. PROJECT DETAILS Site Details and Access PGA Marina is located at the northwest corner of PGA Boulevard and the Intracoastal Waterway, and is approximately 7.2 acres. The subject site has two (2) existing vehicular access points from PGA Boulevard (see attached Location Map). The site shares vehicular access with the Riverhouse Restaurant, which is situated adjacent to the marina at the northeast corner. No change to the existing access is proposed with the subject petition. Parkin The City's parking regulations (Section78-345) requires commercial marinas to provide one (1) space per two (2) wet slips, one (1) space per five (5) dry slips, plus additional uses. This equates to 103 spaces; 87 spaces are proposed. The Applicant has requested a waiver from this requirement (see Waiver section). The Applicant has also reduced the widths of the parking stalls to nine (9) feet. Section 78-344(2a) allows for a reduction in parking space dimensions if additional open space is provided at a ratio of 1.5 square feet for each square foot of reduced paved parking area. The Applicant has met this criterion. Signape The Applicant is proposing to add pavement markings directing patrons to the Meeting Date: August 10, 2010 MISG10-07-000073 Page 4 of 5 designated parking areas; therefore, redirecting cars through the site more efficiently. In addition, one (1) directional sign will be added at the western portion of the site directing marina patrons towards the marina parking areas. Landscaping/Bufferinq The PGA Marina site currently contains 18 percent open space; 15 percent is required. The reduction of the parking stall widths requires that an additional 1,832 square feet of open space be provided. The additional open space proposed will increase the overall open space on the site to 18.4 percent. Drainaqe No changes to the existing drainage are proposed with this petition. Waiver Repuests The Applicant is requesting one (1) waiver with this petition. 1) The Applicant is requesting a waiver from City Code Section 78-345, Table 33, Required Oft=Street Parking, to allow for a reduction of 16 spaces. The Applicant is proposing to provide 87 parking spaces, which equates to a ratio of one (1) space per three (3) wet slips and one (1) space per six (6) dry slips. Based on the historical experiences of the PGA Marina, which consistently has a large number of boats in long term storage, the number of boat launches they have is below the standards that would require parking at the ratio required by the code. In addition, the marina is not setup favorable to live-aboard boaters. While many marinas contain amenities such as showers, washers/dryers, restaurants, and other recreational services, PGA Marina does not include such amenities; therefore, it is not conducive to the typical live-aboard boater. The yacht sales operation has consistently been able to utilize the wet slips for the purpose of housing the boats that they have for sale. Parking demand for brokerage boats is very limited. The reduction in the parking requirements for the wet slips reflects this continued use. Although the parking demand for these slips is substantially lower, the Applicant is only requesting a reduction of one space per boat. Based on the above conditions, the proposed increase in required landscaping, and the overall improvement of the marina's operations, staff supports this waiver request. Meeting Date: August 10, 2010 MISC-10-07-000073 Page 5 of 5 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On April 22, 2010, the subject petition was reviewed by the DRC committee. Since this time, staff has been working with the Applicant to address all comments. STAFF RECOMMENDATION Staff recommends APPROVAL of petition MISC-10-07-000073 with the following conditions: 1. All landscaping and parking lot improvements shall be completed within six (6) months from the approval date of the subject petition. (Planning & Zoning) 2. Prior to the issuance of the infrastructure permit, the Applicant shall submit signed/sealed/dated construction plans for review and approval. (Director of Engineering) 3. The Applicant shall provide a signed and sealed pavement marking and signage plan, or provide the same on the engineering plans; said plans must be reviewed and approved by the Director of Engineering prior to the issuance of the infrastructure permit. (Director of Engineering) 4. Prior to the commencement of construction, the Applicant shall schedule a pre- construction meeting with City staff. Inspections related to the infrastructure permit will not be performed until the pre-construction meeting has occurred. In addition, failure to comply with this condition could result in a Stop Work Order of all work/construction activity for the subject development site. (Director of Engineering) 5. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (Director of Engineering) 6. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant's responsibility to resolve said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. The City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (Director of Engineering) ' �., F ' . + A!� � ` I ..,, ��� ! �.S � � +•• . � a ' e i .eu �' I �-. � " i ' .� .t .t i'- I � . ��",,.� � r�� �� '� . � I ��,. �' I t+-+,.-..� v � , . � ., r�� ��} . �� �` � '' � � ��, ����� ; ` vt`� -' -. �3 f «��� �� + t { '4� � i � � e � � � � �� ���m `� � �4.� . � � J� ! ��`' '�� � ;,� ',�~= � �r� a _ �'� . _ �M .} � , ��. �4 , � �t� ��°� ti{.r i+�� . � �:. � . _� Y,:� �. �� ��yM '�� LOCATION MAP PGA Marina 2401 PGA Boulevard ��"� �}�pM� 1�Ua�,71t; i:; !� +�ry-, "�' � ' i�� � � �!.:"F f_1 .� •��` 2 ��' � I t � `��B�L�' ` S 1� `i, . � ' � 7 � � d.. � , „ � �� � !'- �, �� ;,.�(`"� , ! 4 � �t'�� ?f�.. �„.�� ....� ,.. 4 a , � -.w '..�r��- i��Fl r� � `r�� . � - a'n�d+�,� 7�'; �� �-r-+-� ' iY�"'tit•!�dJ���*� t P � -., ."�iq� t't. d r"qr r � ,� ��.�ll'-��,� �t , i �r- �' �,:;'� s �+�'�� � � exi �� "� �. � #. i�`.,a�'��s+-�iy"� � r' - �t^. ..p� s +�..: � 4;) '� � t �, � � ��. =� 4 x:..�' Subject"�_� � - �rt ��, R' 3 S l t@ "' �,f �A""� � - �'' �786 � ��'e � �� �, �� � � � ��, I � "� � _,�`�` ; ^+r-+ �,. `.,� 7-.. .� 4 �1� �3� ,... �t � . �� ��i j� ' ' . � �.,�r,�, ��� � �� , _' `ys' �'"e'r a�j )?:°�� �� � # •�'� l i . + �'L�.� � ,�� +�� ,�"�- �� ,��-wi , �? �. y n' .�� '� ' ' � � ��.� ��,� , :� . ,� � R..e : �"_- ..,-.� �,— � .+. �`' ; P�, t i � i #� �t ..z �;F.>�� �s.v.a,�� � ill... i. PROJECT NARRATI�E PGA MARINA PUD ANiENDMENT A�ril 1, 2010 Amended June 23, 2010 Amended July 13, 201�J Amended Ju/y 19, 2010 Location/Request urban ��sign ki I da STUDIOS Urban Planning and Design Landscape Architecture Communication Graphics The subject site is an approximate 7.2 acre tract of land located at the northwest corner of PGA Boulevard and the Intracoastal Waterway. The site has a zoning designation of Planned Unit Development (PUD), with an underlying zoning of CG-1, and a Future Land Use Plan designation of Commercial (C). To the north of the site are the Soverel Harbour Marina and the River House restaurant which have CG-1 (General Commercial) zoning designations and Comm�rcial Future Land Use Plan designations. To the east, are the Intracoastal Waterway and the Seasons 52 Restaurant which have a PUD zoning designation and a Future Land Use Plan designation of Commercial. To the south is the Waterway Cafe which has a CG-1 zoning designation and a Commercial Future Land Use Plan designation. West of the site is Harbour Financial Center, which also has a CG-1 zoning designation and a Commercial Future Land Use Plan designation. This request is for an amendment to the approved site plan to allow for a reduction in the number of parking spaces required per boat slip, a reduction in the width of regular parking spaces, modification to the location of parking spaces, the addition of additional open space, the improvement of site landscaping, and the designation of additional areas where boats may be stored. The proposed modifications w;ll require the approval of one waiver to allow for the reduction in the rsquired number of parking spaces, The proposed changes will not increase the number of boats that may be sfored, but will allow for the storage of I�rger, wider and taller boats at gro;�nd level thereby maintaining the height limits required by the code. History The PGA Marina PUD was approved by th� �ity Council with the adoption of Or ' ce �... 31,1997. The original approval allowed 264 dry storage slips, 20 wet storag i��� ° 36,355 s.f. boat warehouse building with an accessory 600 s.f. marina stor �q�le4�� cQ, s.f. �oat sales building; a 1,250 s.f. 2-story commercial ,; ZQ�o building., 52,100 s.f. of outdoor sales area, and 46,050 s.f. of PLANNING& outdoor storage area. ,�,A,,,,� On A ril 21, 2006, an Administrative Amendment was a roved 477 S. Rosemary Avenue p pP Suite 225 - The Lofts at CityPlace to allow an increasz in the number of dry storage slips on the West Palm Beach, FL 33401 site to allow a total of 394 dry slips, to re!ocate and add parking 561.3b6.1100 561.366.1111 fax s aces and to increase the amount of landsca e o en s ace. `""""�uakstua�os.com p P p p �cc00003s PGA Marina P�D Misc. Amendment Currently the site development program includes the following: 394 dry boat storage slips 20 wet boat storage slips 600 s.f. marina store 2,244 s.f. boat sales building 1,250 s.f. 2-story commercial building (yacht sales) 36,355 s.f. boat warehouse building/maintenance area 52,100 s.f. outdoor sales area 46,050 s.f. of outdoor storage area Phasinq All proposed improvements will be completed in one phase. Access April 1, 2010 (Amended July 19, 2010) Page 2 The two existing aceess points along PGA Boulevard will remain unchanged with this proposed amendment. PGA MARINA SITE DATA Ap roved Pl�ns Proposed Acrea e 7.2 7.2 Boat Warehouse 36,355 SF 36,355 SF Marina Ship Store 600 SF 600 SF (As accesso use to Marina) Boat Sales Commercial 2,244 �F 2,244 SF Yacht Sales Commercial 1,250 SF 1,250 SF Buildin Lot Co��era e 12.5% 12.5% Boat Slips (Dry) 394 394 (Wet) 20 20 Outdoor Sales Display 52,100 SF 52,100 SF Outdoor Stora e 46,050 SF 46,050 SF Parkin 106 87* Open Space 18% 18.4% * Waiver request Land Use The existing development is consistent with the Commercial Future Land Use Plan designation for the site. PGA Marina PUD Misc. Amendment Surroundinq Zoninq and Land Use analysis Apri! 1, 2010 (Amended July 19, 2010) Page 3 EXISTING USE ZONING DESIGNATION FUTURE LAND USE PLAN DESIGNATION SUBJECT PROPERTY: PGA Marina PUD(CG-1) Commercial TO THE NORTH: Marina Gardens, RH/RM Soverel Harbour Marina, CG-1 (General Commercial and River House Rest. Commercial) TO THE EAST: Seasons 52 Restaurant PUD (CG-1) Commercial TO THE SOUTH: Waterwa Cafe CG-1 Commercial TO THE WEST: Harbour Financial Center CG-1 Commercial Siqnaqe The proposed modifications to the site will not impact the existing signage. No ct�anges are anticipated to the existing signage of either the Marina or the River House Restaurant. The applicant is proposing to provide additional signage and pavement markings to direct marina customers to parking areas on Marina property. Landscape Plan The applicant is proposing to increase the open space and landscape planting on the site in four areas. The first area is adjacent to the northwest corner of the �roperty a�jacent to a large shade tree, the second is an area adjacent #o the Yacht Sales office, the third is an area adjacent to the northeast property !ine between the boardwalk and the parking lot, and finally an area adjacent to the eastern entrance from PGA Blvd. The applicant is also proposing to replace and enhance the landscaping along the entire length of the north/south entrance drive which leads to the marina parking area and also serves as the access drive for the restaura�t, and to extend the existing hedge to the east along the base of the bridge embankment. The first additional open space area is approximately 136.5 sf and is located east of and adjacent to an existing tree generally located in the northwest corner of the site. The plan proposes to remove the asphalt of ths adjacent parking space and convert the pavement area into open space, incorporating the additional open space area into the existing planting area. The planting area has been designed to accommodate a bench, walkway and low shrubs to create a pleasant sitting area under the existing tree. The second additional open space area is approximately 194 sf and is located west of and PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 4 adjacent to the yacht sales office. The pavement area will be removed and additional landscaping will be installed around the existing tree and adjacent to the entrance to th� building. The third area is approximately 396.2 sf and is adjacent to the north property line in the northeast corner of the site. The plan proposes to plant a hedge the length of the boardwalk between the boardwalk and the parking lot. The hedge will be broken with strategically placed crosswalks to ailow boaters acces� to the marina. The fourth area of additional open space is approximately 238 sf and is located adjacent to the parking spaces at the easternmost entrance from PGA Blvd. This area will be planted with a hedge to assist in screening the parking spaces. The existing shrub planting along the entrance arive is propcsed to be removed and replaced with a lush combination of shrubs and ground covers. Double Sabal Palms will be planted on either side of the intersection of the driveway leading to the restaurant. The site is required to provide 15%, or 47,044 sf of open space. The site currently provides 18% open space. With the additional open space being provided, the site wili have 18.4% or 57,708 sf of open space. The proposed parking stall width reduction requires that an additional 1831.5 sf of open space be provided to compensate for the reduction in pavement area for the 9' wide spaces. The site provides 10,633.5 sf of additional open space which exceeds that requirement. PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 5 SITE ANALYSI�: PGA IVlarina Miscellaneous Ap�plication Comparison Proposed/Existing Consistent to CG-1 zoning Conditions district Parking ; Waiver requested for Required 106 87 reduction in required parking Parking Space Size 10' x 18.5' spaces 9' x 18.5' spaces Additional Open Space provided Landscaping 20" Buffer along PGA 15' along PGA Boulevard Boulevard� 8' around (0' at the boat turnareund Existing Non Buffers east, west and northern area), 8' around the Conformity property lines applicable north, and west property lines WAIVER REQUESTS Boat Storage Slip Parkinq Stall ealculation (Section 78-345) The applicant is requesting a waiver from Section 78-345(a), Table 33: Required Off- Street Parking Spaces, of the City's Land Development Regulations which requires a commercial marina to provide parking at a ratio of 1 space for every two (2) wet slips, plus 1 space for every five (5) dry sl�ps. The applicant is requesting a waiver io allow a reduction in the ratio of required parking spaces to provide 1 space for every three (3) wet slips, and 1 space for every six (6) d.ry slips. The PGA Marina site has been in existence since the 1970's ard under the current ownership since January 1 A98. Over the years, the applicant has seen the trend for longer, wider and taller boats k�ecome the standard for storage. Ir� order to stay below the maximum height limit of 36' established by the LDR's, the applicant has been limited in his ability to stack the larger boats on the multi-level racks. As a result, the IargEr boats have been stored in the unused parking space areas. In an effort to bring the approved site plan into conformity with the actual needs and demands of the marina, this application is requesting a reduction in the required parking spaces to allo�v boat storage areas in the existing car parking areas. The applicant has through the years seen that the parking demand at the Marina is consistent year tc year and is much lower than the standards required by the Land Development Regulations. The applicant understands that adequate parking is important to his customers and that PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 6 a shortage of parking is counterproductive to business. The applicant has a license agreement with the owner of the adjacent restaurant which allows their customers and patro�s to park on each other's property during off hours. To address concerns regarding the applicability of this waiver request to future parking requirements, the applicant has proposed a condition of approval as follows: "If, in the future, the applicant, successors or assigns, requests approval to increase the number of boat storage slips currently allowed, the parking ratio waiver will no longer be applicable and will need to be re-evaluated. The re-evaluation of the parking ratio shall not however be more restrictive than that permitted by the current City of Palm Be�ch Gardens Land Development Regulations. The current national trend for live-aboard boaters is to moor at marinas that provide amenities such as showers, washers/dryers, and recreational amenities. There are none of those amenities for the wet slips provided at PGA Marina therefore the marina is not attractive to the typical live-aboard boating public. The yacht sales operation, however, has consistently been able to utilize the wet slips for the purpose of housing the boats that they have for sale. Parking demand for brokerage boats is very limited. The reduction in the parking requirements for the wet slips reflects this continued use. Although the parking demand for these slips is substantially lower, the applicant is cnly requesting a reduction of one space per boat. Based on the historical experiences of the PGA Marina, which consistently has a large number of boats in lona term storage, the number of boat launches they have is below the standards th�t would require parking at the ratio required by the code. The utilization of the marina parking has consistently been far below the national and international standards. Documentation of the number of times the PGA Marina staff launch a boat over the last few years are ir the attached Move/Launch re�orts. The attached "move/launch" reports reflect the number of times a boat is launched which correlates to the number of cars that need parking spaces. On average, the experience of the Marina shows a demand for 1.5 spaces p�r boat being launched. These reports reflect the maximum number of launches on the busiest days did not exceed 33 laurches in any one day. With the parking spaces provided on the marina property, there will be approximately 2.6 spaces available per boat being launched on the weekends which is the busiest time of the week. The proposed parking plan would allow 4� boats to be launched, with two cars per boat. Please note that this calculation does not include the use of the parking spaces at the restaurant. I't should also be noted that on the weekends, when the sales offices are closed, the parking ratio will meet and exceed the code requirements of 1 space per 5 boats for the dr,� slips. Establishing a standard for parking at a marina has b�en documented to be difficult at best because of the variety of variables that affect boat usage and parking demands. Accordi^g to the Brevard County report "An Overview of Marina Use and Pa�kinq �tandards" attached to this application, "there is no universal rule for parking at marine facilities and any plan needs to consider the location, types of boats berthed, and activities at the marina", and according to the "Guidelines for Car Parking at Marinas PGA N1arina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 7 and Launchinq Ramps bv Ron Stone" "the ICOMIA Marina Committee querying its members from more than 30 countries could find no nati�nal statistics anywhere for quantifying the nu.mber of parking spaces required for a marina". The difficulty in establishing a standard ratio for parking at a marina is reinforced by the attached comparison chart which documents several municipal codes, ITE, and ULI standards. The standards are not consistent or applicable to the actual uses and needs at the PGA Marina. Also attached you will find launch records from several other marinas in tre state. The widely differeni results of these records reinforce the conclusions that no two marinas seem to be consistent in their use or parking needs. The report "An Overview of Marina Use and Parkinq Standards" states that for "sites with slip counts between 125 and 452 slips that 12% of the total storage capacity was the maximum launching ability on a daily basis". This ratio applied to the dry slips at PGA Marina would indicate that a maximum of 47 launches could be made in one day. Parking demand at the marina is the highest on weekends when the yacht and boat sales offices are closed making all spaces available to boaters. Parking provided under this scenario would provide 1.85 spaces per launch. The Marina Store which is located conveniently for access to the launching area is an accessory use to the marina and does not generate traffic by itself. The patrons of the Marine Stor� are either already on site for another purpose, or they have arrived by boat and do not need parking. The launching docks or the seawalls provide temporary park�ng for that purpose and therefore on-grade parking has not been included in the calculation for the marina. Please note that the attached site plan has also been amended to include a parking space adjacent to the �,�arina Stare. In addit;on to the spaces provided on the Marina property, a license agreement with ihe property owner of the adjacent restaurant property further increases parking options. Altf�ough parking spaces on the adjacent restaurant property may not b� counted toward the required parking spaees, recognizing the ongoing cross parking agreement between the property owner of the River Hause Restaurant and the applicant is a reality in the evaluation of this waiver request. The agreements in place allow the owner of the restaurant to use the marina property at night, and allow marina �atrons the use of the restaurant parking lot during the day. This orr�oing agreement between the two property owners has been in existence since prior to the purchase of the marina by the current applicant and is mutually beneficial to both parties. Although the Marina patrons generally use the restaurant parking lot rather than the marina parking lot, the proposed parking plan provides enough parking on thz Marina property to satisfy the demand historically required by the marina patrons. PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 8 To address concerns of the adjacent property owner, the applicant has aiso agreed to the following: 1. Provide signage, directing marina customers to parking spaces on the marina property, and, 2. Send notices to the marina patr�ns with a map showing where parking is located on the marina property, and, 3. Remind marina patrons that parking their cars in the restaurant parking lot after 5:30 is not allowed, and that they may be subject to having their cars towed if they do not respect that limitation, and, 4. Provide carts near the more remote parking spaces to make it mors convenient to haul their gear to their boat, and, 5. Require marina employees to park in the more remote parking spaces. LOCATION MAP Zoning = RH/PUD LUP = RH N85°01'28'E 22.31' •NOTE: All racks are moveable to accomodate different sizes of boats. { F�+} - PROPOSED STORAGE RACKS `..J (NEV� STORAGE RACKS) w`'>, E ,���� EXISTING STORAGE RACKS /' �; �fi (TO REMAIN) � �' i� (IVP.IHC.6IGN g2''9� � / . }�, b 65��i$/ BOAT SLIPS # �1� j / / TYF. 5 N.0 � � S.F.&DEWAII( `,). / � FLOSNW.�AO41PWHILT �/ � � ryApitE ES / � � � i�/ �� � a �i � PARKINC, � � ULTI-LEVEL . 7 2 �`a>, /� CKS) ��` / ,� 1 �+'N \ / H° � � � � � / / IPING � ULTI-LEVE / / � - .�,aF. �/// // � �oeu� / / / I I RORO'NAY FAS:VEM' I ' / / (O.R6 5942. PG 397) � l. 4� ROFDN'A✓ ElSEMLNT �" (O.ft.B. 2668,Pi:1484) Zoning = CG1 6� �as, LUP = C �+=fl�F'+* rYCr COMMERCIAI BUILDING STOP STOP �: ,'-° _ Site Data T.dRT7RS'i FI il�l�/lHUfY: Vi, � , ili� BacKFl.ae e RAC 5 (MUITI-LEVEL PROrEC7oR / ��� RACKS) ' .,% •J__ Y! � i &F � I$ y�fIYORAM ���� E%ISTINO }� � EOOE Of PAVFHEM � /�-- = =12' SEA OAST UTILITY EASEAIENT J � o.e.e. �o�oo ac �n<)� �— � GENERAI rEE P^'^�++� 2°�0' BOAT OUT�OOFt SALE55TORAGE 'SIGN �� (GRAVEL) ' — — _ RIVER HOUSE SIGNS TO REMNN) :XIO',S�G�+.FAS��?ENih0q2 (MULTI-LEVELPACKSN AURINA PMKING BOATREPAI L (0. . Io70o VG i/ STORAGE w� — _ _ � NOTE:as*x+ w.a«oc�rroxecauroun.�nav TO BE COORDIIUTEO WttH 9.VA TO PROTECT Ep91iN0 UIILITES. BOAT/JIE/STOAVOU ewuxes. aooG _�–� _ IICYi � / , .�...... �.. E �t��. ---- -- BOAT OUT�OOR SALESfSTORAGE (GRAVEy N REMOVABLE � e g __ ___ „{MULTI-LEVEL RACKS) _ WHEEL ST� , : ro� REMOVABLE CFIAIN—� � . EMxorsEPUixwc °�'�''� FOFiCROSSACCESS �--a�' I � � _,_._— — — — — — — — —� ' � \/1/��/'��'�Y1i'1_i'� �ti a - � � is.ar ts.as� 1 � v� .�.a.cuoarv� LOAdNGMEA w.vruvwaHSw ,� (MULTI-LEVEL RACK ai 'o� ""�_ _ — _ — _ ' �,A�� tOk30' FPL ELSFIAEAT � ��>• i mE�PLOYEEPNMBq r'sraca+srur,ums, GEW��:';� � �� SAfE SIGH7 TRIANGLE L�_ _ � : �"', �' � � ,�.x.�..�, b. bMwt�C� W �M.✓petl1�0�M eayw. Atl. COU4n U!4 IN6 - 1 ft" S4N PVC (AM 26 .— --. -- ------�. s --�—�- — -°_-� � ucxr pp$r � � . S r5�z6'48� , E� I LB NT (MULTI-LEVI �q��� / e� 'oao�' 9 � a ^� V Y y / N e7°assa' E 700.00' UPngC CG1 P.0.8. N82°10'34"E180.55 �_ _ .� �r 5 87°45'64' H' �.7� NO6°3398"E .��. W 161.� ! 5.16' "^�'_ S 8�� � �R Pi��N)MEffR (181.59� �'1-�� WATERWAY SOVEREL HARBOUR w�sr � N RIVERHOUSE RESTAURANT (NOT INCLUDED) E �so.asr,_ i:a��a�:����a � V / J// � ° 30' U(IiRY FASENEM �� _ _ _ _ _O.F.B. J556. PC I6[I _ _ _ _ _ _ 1lbflYAGE C�ec1�M ' — — — F�oo� — — — — — — — n�� COVEREO SEATING AREA –� OGFR ���/' OGH7 � ��-9� S;NiiARY FASFMEM--_�� � I_ _ _ _ UG�'� _ _ _ _ _ _ �— / _ N "— EX15TI��G 16'�`.AI�_� =3'88'2Tf8' E46� - — — — — — UEL7ANK& - - - � .��� s� ^� �-�- I �-±� � I li �f DUMPSTER � M � cr�ucnres '� (CWVIi�LINKFENC[WRHSLATS� ' I i i I t�o oitxa,wFw �wEx.u.wsw � I t i �n rraE � cuRe �I I ( —� . .�� C+b �! � � I SALES OFFICE � en II� BOAT SALES 8 I�Id9IE7 7.80' i STOP SIGN STOP 8AR DCURB iJ:vcy��cr� 13�Z�71� �Z�P1 � 3 C k1: Ce3 MARINA F(J \ � � 20' FlRc ACCE55 iANE U71U1Y EASEYEA7 �PARKING FORTHE BOIIMDS ��Wp�iFR FASEIIEN RIVERHOUSE RESTAURANT �6• Gqt�, 5�E¢) (NOTSl18JECTTOCfTY R����.��y�q APPROVAL) � OATOUT�OORSAIESlSTORAGE � � (SINGLE LEVEL RACKS],_ _ — _ L' _ ��p' WnTF.'R ��� �� _ ��— — " I +►��""� N8�9°57'S6'_W 249.69' ,_ -..-------e`�-�°° �� .__. _ _ � — ;�'� 9 , SAFE SIGHT TRIANGLE � ��� SEM'� FASENFM SEICMST UIRI�ES (O.R.B. 1856, PG 3IJ) P.G.A. BOULEVARD ���,��o �„ RE�S - - w- - - - 'i; i - - - - - TYPE D CURB DETAIL Note: "°�m Riverhouse Restaurant valet parking Is accommodated in area designaled as Parcel B on survey as per recorded parking agreement dated 17.16.88 � ��j�� °'"` �� and license agreement dated 4.15.94. (NOt subJect to City Approval) .�„�,.o... �"�'�,.,:,.. �.�.._,. ;,1—i ..,� "'""L'" � DEVELOPMENT TEAM ;.�_. r� a�:�:�w.,�.�,.,,�,. ,....,,,.�., w.m., �o..�,��. " =` � v�.��,�,�.,� ... , r , , �- . . +,. �::... : _ . . '. � . . . _...•:.'.:EN�:MC9Erqmieiq,:hr .: _ . Type F Curb Detail Handicap Ramp ��E��«r�.,�.�,� �� t`i0i0: MYIr^mnP�u�WUnmT�n�ImMMwM��*'+� 'All sto bars shall be thertno lastic stri m. '°�''°°"""' "°"'n° `°'°'"'�""' P P P 9 a+e+U...m�w.�.mn....v�vmmrv�r a .�a���.���. � Zoning = CG1 LUP=C PARKING SPACE DETAILS � . . �� S02°14'O6"E 5.0�' NO2°40'48'W 5.00' Zoning = PO LUP = C L � � W � Q �FUELINODOCK � l ¢ J '� —N,C R9LE Q � I � ---i� � Z _ — _ — _ — � I — — — = � = � ADUITIONAL OPEN SPACE REQUIRED FOR 9' WIDE PARKING WAIVER 66 SPACES 9' WIDE REQUIRES: 1831.5 S.F. OF ADDITIONAL OPEN SPACE — 1' X 18.5' = 78.5' 18.5' X66=1221.0 1221.0�C1.5=1831.5 q .,�„ t . . ____— __ . . . F �co�� i —M ..� �urOfM� ~ :�: 4 ti � �. � :-.A.� �_ ° � .x.e,�� � ....�. � i-La . I� j . .. . . . ,�, �, � . � ..., ..... �x �uw�� � .rowve.`v�.• 10' PAftKING SPACE .. HANDICAPED PARKING SPACE HANDICAPED SIGN (TYP.� 9' PARKING SPACE N.T.S MiS N.T.S. N.i3. ki � CI� STUDIOS� Urban Planning & Design Landscape Architecture Communicadon Graphics The Lofts al City Place 477 S. Rosemary Ave., Suile 225 Wesl Palm Beach, FL 33401 P 561-386-1100 F 561-366-111i wvnv.udkstudios.com CopyrlpM AII IMGI� El�IYM� �R('WemMNrlIW WAII! npnwMatl by iM� Enwliry �rv owmtl by �M Ih� proprly d ifi� Malpn�i, aiM rvn cnetW (p iM �xdwHe uu o/Na �pctME nroAcL m.0 kNn. aukM. amnwm«�a or pe�u �NII �wt M w�d by, w tll�doaW a.�r w�o�, n�� w o«a«nia+.nnow L`.c wrHNn WrtM�alon dIM dulpMr. wa: a.atto PmJeclNO.: Gi-19T.013 DWCnW 6Y: J9 DmmBy: J9 ChackeE By: A6lSP Dale Oravm By UaW Drex� 0y Q� 0 Z� � � � � � V � � � _ � U � � ■ � C � � � l.J� ■ � � � �.�.. � � � NORTF! /� ���OF �f(� �C� . ��--� ��<_ i � ���Ns Scale: 1" = 30'- ' ���N��QJy� W c ........_. . . ,.�r�y . V � � , � � a�N,�U' of 1 MULCHAREA MULCH N65°Ot'28'E 22.31' ...,. � / / / / / / / / / FOMWAY EASGMJIi i / ' (O.R.B. 58a2, PG J9�) . ' �` RcU�WAY (C.R.B. [ 6' SFi1GQ0.S? EASEkENi (N(1T exu�eauamsaamai COMMERCIAL gx BUIL�ING � N4C sror sicn STOP BAR �- - • . • .�a • :... _ . - ... •. -.• � -.•. . .-•. ... �'. • ;�u� �.. f� �� � � Ff '' ` / lf/fr4 _.:,} � � �;}�.. v , . /���Q 3 �� I�� f�. ���. ��/ r� � 4 - I � �C�� ,���I � Q • � � : � ' Illlllllt;,�!� v `' - ,� ' � II l, � �S� I ' `. s! �• � �t�� . s. .�a , ` ll.. .. ,..,'t�,2D?�,�� � . !�`� � . � <. .,�l�k� ��%�/���/I . d. '�� �: � ' � � � ,1::rl;�..:•- • ��.,- L .:�:�..,.���� � . . .. . � .. �:v�.-.' ��y`��� �� •'• � �� � t �5c i1': 1 �1' IfiM13�}'~iiY �� . �p�((� :�� • ���• • ••. �lbi- •' �_ �___ ._ — _ -'�-- i _ _ _ _ _ n, iEX13TIN64FICU5HED0E :e��uinP�� ;��. . 11 REMOVABLE—� WHEEI S�_.... REMOVABLE CHAIN- FOR CROSS ACCESS — —� i � E%ISTINGQUEEN ���-0. O.F.B. ;�X.4� P.6. COUN�' U�lll'� 1755 ,�_�39.EmFGS'Y3•Y-'i93 � `_`L".�"=��==�,,;,.__-_-----„--- \ SAFE SIGHT TRIANGIF \ FnSEUt7Ji o.R.B. \�.F.pq�pny. 3639.PG5 190-193 E%ISTWO MAM06ANV TftEE � (NOIE: NL H.V pQViY iPFE3 ME EXAS1P431 _�_ _ �1 _ _ 1 -_ � 61GWFIES 9B' PIASTIG 0.00T BMfl1EH AS PF20NOE0 BV DEEP q00T. SEACOAST NOTES: Note: All landscaping shall conform to SUA Construction Standards and Specifications - - Section II, Item "D" Landscape Guidelines. E%ISTWGCOCONUTPALM . ""'""• (NOIE PLL �t PNH& ME EXISTMlGI LICM � � ,-.. �� � �`�: � �'` 7 `�� �� � � � O ' � � :�,'. ( � I � N 87°45'S4" E 100.00' N g2°10'3�1' E 1fi0.55' . P.O.B. S02°14'�"E ... .�'C"�- S 87°AS'5-4' W 99.78� � 5.00' ! � N 5.ifi �•� '=�„� � S 02° 01�'34" � PEry1METER (161: � ��(ZIP1��) WATERWAY SOVERELHARBOUR iz_,___ _ WOODENCIi055� � �'-.' �y �y�sn.p bn. � �EO RIVER HOUSE ''p_ � CARTSTORAGE 9 RAILROAD nES N � / RIVERHOUSE � ,� �/ RESTAURANT (NOTINCLUDED) \ � — _ _ __' — — — _ — — — � izsEwnc� �`�' ��M COVEREDSEATINGARG `PJSi � — � _ �' SWGTpkY fASflAENT��,_ � � I _ _ _ _ �K' � _ � ' — -F � — E%ISTMG 16" F.M_ °0�^q1A'°°111°'��0� - — — —i— .¢-oewr�wc-nccna�— — — -.--i-FHELTANKS-� 1, i 1 DUMPSTER N � 8'TPL.GATES �CFWN-LNkC FENCE WITH SUTS) EXISTING 6' FICUS HEDGE I I I iSAS 16Y15 I LWnIHGAAEA µw[v.Fiwcuvw I I I I !Si 7ypE 0 CURB I ' I � �i I � � o? � I MARINE SALES OFFICE 8 I I BOAT SALES . e t ,-x.c. caossixa p`,�;" , �., � e;����.��. ;U;,:�.n',F; . " ` y'''.•''. F �. �.�'���y?� ' ! �� V�'6 ��� �y �"x"� ����i�l�t����3 �� ■-.—_ � .� ;::.. -I� ... . . : .. � ROOFED OVERHANG vM� 12' F.b. COUNIY U71Litt STORE fA£kEPf! 0 R.B. 26J9, f'GS �90 � � •• u� 20' FlRE ACCESS !AM1'E r--untln' F/.SEYEMi NO2°40'40'W 5.0�� ¢ � 1 Q FUELING �OCK � J� � � �f1AC POl: � � I � —! P-� Z BJIWNS WA7FR EtSEMEfR ` — _- — .- — — � (6� GV.V. S7EEL) � FlRE HYDFPNI _ :� .. � . � . . . . _ _ _ _ _ _ _ _ . . . . -�'�a � . . .. . �,oi•r__ ____'_— — — � � ��=,yR. _ - _--- __� ` .. SAFESIGHTTRIANGLE I gEEF00TPUJ1lNi(i%NIF00.0ETqlfOYW(IU9T -mfraxmrxe. ! sucoasrununEs ro. a �5� �i P.G.A. BOULEVARD �'�,� �oF�„ �,��"� ADDITInNAL OPEN SPACE REQUIRED � — - - ff3R-9`WIDE-�ARKtN��1AIAlt/€R- - 66 SPACES 9' WIDE REQUIRES: 1831.5 S.F. OF ADDITIONAL OPEN SPACE 1' X 18.5' = 78.5' 18.5' X 66 = 1221.0 1221.0 X 1.5 = 1831.5 �.. . I �� k� I da� STUDIOS Urban Pianning 8 Design �andscape Architecture Communication Grephics The Lofts at City Place 477 S. Rosemary Ave., Surie 225 West Palm Beach, FL 330.07 P 561-366-1100 F 561-36E1111 www.udksludios.com CapyrlpM AII M�tl� N�IgMr tn�nBame111�� �M WGN r.pr...M.a nr mb amH�a.� ow�.a ny md Ilu V�W�M of th� Mkrwr� �M wv� antl�d fw tlr �roWtNS ur NIM �PwM W Praf�C. Thu� IMU� b��Yn�. u*�Mwn�i�h a pl�n� �h�ll mt M uME Oy, or dl�cbsM b mY Wnon� Ilrm� w caryw�GUii wIUaR « m. wrin.� wmm..w� aaw eo.p�.r. o.a: a.m.io Prof�dNa: B1-iB1.013 UnIpME9y: JB Onwn9y: JB Ch�ek�d6y: AB/BP Q� � � O � � � v, Q� � � � C � � a��� � � � �, �m U � � � � O��J� NORTH 0 15' 30' 60' �i�� Scale: 1" = 30'-0" LA-1 of 2 Plant Legend (On-site e=.�,= �� � ��� oo � s■ ■ �. � �...��� �::'�.�:"�m0 ... .: . . , � ■ i� O i� 1 V, � 'y �d `t ���� sMauas un svw 1B 0.'�OCi700 TW FlC �i� .� � � FJ�J�J? ��� � j �m� � ,•<•••• ��� .,.. • .,r,.•D,.,'. [{�iLf � i�� � � '/H///< �� � �� '�' MT. Sa��. nEw�aks siz �w I EH°trp 2�' JO` 3W.wM.M1abOeae.2a•o.c. 14' 11' 1pel.rqd.fuMbbw,ID'o.c ta• � te'I 3um.oxA,ftmEase.ZCOa 1�' � 16 � �YN.mM.Nlbbcea.2l'o.a 1�' � 1S � 3qd.mM..MbOwN'O.c. � . � ■ � � � � � � soo QiY PIPMNANE M. SPR I�EAWi1B 0.025 15.800 SLHqutinoFbHam Uuwkw.YqEOM1M L_J❑ •wn uN4Ym Ya'fB.Y 57 708 3 f , . - . �. �.. :� Points Required: 10,726.21 100 S� x 18 = 10,387.49 Required Points Points Provided: �3j���.� NO7E:LANDSCAPE MATERIAI BEING�:4:.%1J1E0 ON`FQOT EMBANKMENT ARE NOT INCLUOED IN PROVI�ED POINT CALCULATIONS. iRIM plY i1p5C iT010i MU[N W]Y ri nv lEVF1 R 1R[E KMIi. qMIMN 6' XCE (A � iKM lPORS. rmc. cnvxwc rx�c m x wsr+ �" x�mrcuc ar uticss m�av�sc vccvan rvuM nuxcrzx s�w� rt <msisrcxr - an.wr .w�v. ow¢s. �oosc �caTM[s. �ncx, ro uvrtrcs YP10.f MiTEM V/ 2-]/�' NIW LMIOI SlE(L W1p5 ip 140 Mi�ipi d RKE xl x�rt[ iwa Mrvw �a.P� �,�„ � �,..E.� s.n� rt wcaco w m�*mn m� Fuart Q ixc ex.a rw �xaurz n.co¢ S li v� a 16•1 VCO4 NIiCNS- s uxtxs vr r.aiw ro ww mwK. w sw. wms �v.�� •••• xMlxx J t2��1 VYA RiGCS INI.O �-6' <UIipAYlJS $N1(£N N�M TE 1RCC PR i0 fR0 V/.iFR aK..zrr s.w.c aev �rm.� fLLl M1%l. W➢ FWR/A1 vIM )MCf0.t. amv. � cawrc* rw., xr�mvsr a cw.cr rw. i wv rrzx umruwi�ox w wvu m ixswc amwimv m �orcKers. LrC5M1 �5 PEP VL.w1A'u iO�[S TYPICAL PA�M TREE PLANTING x.s w�c m a amr w.� sw.� ¢ �r �v.sr vz� uuv[ nc �ws v w�x wu[ uux nr w�cxs e�xcnw uxc mic ru va�ns ro Knsve • wsux xnss. �FMK .WY [pll�VfT Qf1ER lMUI kVIF° i1MI IMY �E .ms�v vm�s. ..� uno re• can.nn�swcee •PoWO }�E iREE Vrt t01Q0 �az�wnw v�.u. IdllVati �PSniFN Tvx� 2' q C�xS1fR M4l Sli W MPHJ 0� WE�SfiAYL sm m vavcxr sc*nnc. xmrwa�s �css � r r sir ox �we.crzo S@. IXPIlIER Q� KlE f91 BIILi 2' L 4iGiER Mu� x r i.acca rw�x YINEiER Of' B�lt. onrcrrn a �rt.e me �n a rwi�c vi� >��uc�rm mi r.*[vux m crosm a i�vE 56L (NI M.E WG i➢i RAYt. LARGE SHRUB PLANTING ,,.� nxr eaurt�w rw.� ce caa.nco iK P'RCCTIfN 6 TxF Ov�ER. ,:3'..;;^`' 'li�, . ..ti•'':�:; I+ .. `y I i ' 'tI� ' I �i, .0 . � • � .� �.. �� 3.- �. �. ���`� ., �� �� I. �h. . iy��'� �I I 1� ��, � �. �+ r'_ � .�, ./�rl_� � I}# � � I 1 I � r"mae�°�y,wer,.:r„�,a,`;ia;9:co'�a'.. I � �I II�� I'f. .II. �+ �ii - ,°il��'=� I �� =11''.�°���../?% II_ q;., _j� ;�b�`�ri ;ayii� ... II!!1L . � =ii=u=n.=�� ♦� PfMK CNN02 fFM TC l0V 1/3 6- rxc cm*wu. um rcm wu�.n wre a *�u+c MnIKx Y SxPEt�y C� YSS L.er � MM1W6' IIONI�fGM H� C�6 iNiX�f.S�• lIP OF ARI.M iILL SIW.L X I.i LE1S 1' I.WVC 11lE fM[SICO WR]E.— TREE PLANTING (2-4" CALIPER) x..�. w x.ns aw.� x wrvw wm ia¢ 101nK SMU C t91E 6 xm W.Ai scws. 'SIMOC iPFES SW41 IMVC � 3Y(YE. StYlrfrt iAUKK VIlM SPRpRf nwa.r xmvcu av �a.wc� unvvw.r msrx�wrco, ra¢ s nu v-awco cw�acx �i �z rai �b wiu.�sw�n a. uu vz• awcrtx au�ccrn we�c VIPC� 3 QIVS xIN IIXALRt4KVaVRE4 FvE�lv mr.cco� at *uvr�wc��t rEn wr VIK� UR VMi[ M1NL'W alapIX wRV �-c� cmnwws s.vcca �waxo 1MC l.ffE P�i f0 Mk4 l:[ vl.lfR. x , . . zr snxc lPYb1f0 tlUK fIl1 INIFA�N. SiMLL LMSIii 6IMLIVE ma rxw� wac wc m� nun. �1E �L�lCPS��IIE' 1(OVC iK IES! T/tt' 6 P�WL 10 K IP'KL TC fRGHi EIX£ IK r�c wwrow �o. Y• MIX 5146LE➢ CYHiSS MALN ir vm�x ,vnw �cn rn¢ es wa ms w.:x..vr�a concn�+c m c .� x�w rtwsx cv�ec rc mn. CYISi1N' 91L PLANTING BED EDGE urw� s s�wurs nt �x[ M1urtpG L'�"E �S Nx[ rnsr ro [nwusK� �,.,,.� �� _..,� } + 6 AF10 !O fI[C iF91t + 6 MVlIlF K0. }+ i� t' RFMIrM1rli 9NIS ME fSt[➢ + } 1' u �t�WE iK INxt SMNB y + + sm vsc xauR m snomx } � f� �KE � { + NIL,CX RIXL I+ i.� `.1 �: 1O� i ro¢vp�x*�m answ + • PLYIIIML Lm EWE. LVL LLUN + .,�^�^ ',.� � uro sruion �s wxcrm ' er Q,.rca. ..�v'`Ty":✓.��`'•''':. wnnswa•eeeomcni `°`yt.•r•i:r':`a��`:�r. aoc��aruru.x}u+s SHRUB AND GROUND C�VER LAYOUT x.=. � \�y\��\�\\� 1�'��:�a fi���� ��\�.����;�, SV1� \�)q,V�V�\�\ � ����t�y\�'s`�� �\Q\\�\\�\"�\ ' � � � � � •�� � Typical Canopy Tree, Lnrge or Exotic Paim Tree with Root Barrier ]rs ld. N09 � Root Barrier Symbol (see spec de�ow) N.T.S. ROOT BARRIER QTY. ' usau,uu....err�w � � Ia�tw.�re.nnwa-s Y'IW�YNrtY.MIId rtWNOivN�[i4n`Y�MWYM1��tld �Yful��N� pwYw�%�WhYeR� � W � I�+wM' uaeanieu.fw.. � .itY�WWr rruawmV� 'NW14+e^ wnW�Mw��.. •trp[mxa� .htlab r.�nor.r.. P��. ronxx+:vrwni.e �.�si w tesf.wn�l�wl�nm.��..1 nnitr v�.uww..+y.«a�ee.. �m+M•���bao�anam Raxiw)nwurt. .NM� w��r..wPU.,.un-nv.i �sawwaro� UM�T11fa�4fN1�xIT�fl�N �+ov MacqY_119]9UFn�w 4�Yw+MMW✓Y+ ._.... .-�c� Iwwn�MY IYwI��Yr� '�M�IIVhYWY111lWxltk4 „y„µ� wWm�ewaowua ��� ��«u` s�w�rer o-.o '� �w�w� aw w� — �hw ...... . W �.,...,�-.� _,� � �. �. �.�.�..,��„�. .��,;.�..�� .����� •wo+a.-mar.an�eux..arannu.rw ^==+%ti.: mwvm.veva •.•"•• •w.�r r�u� .�.��_._..�.._�.� COMMERCIAL FERTILIZER MEASUREMENTS PLANT MATERIALS SHAOE TREES: HEIGHT SHALL BE MEA9URE0 fROM GftOUNO (T0.EE5, SHRUBS, GROUNDCOVERS. AND VINES) FERTiLIZERS SHALL BE UNIFORM M COMPOSITION DRY AND TO THE AVERACaE BRANCH HEIGHTOF CNiOPY. SPREAD FREEFLOWINO.THEFERTILI2ERSHALLBEDEINEREDT THE SHALLBEMEASUREOTOTHEEN�OFBRANCHINGE UALLY PLANT SPECIES AND SIZE SHALL CONFORM TO TH0.SE O Q SITEINTHEORIOMIALUNOPENEO&10S,EACHBEARINOTHE AItOUNDTHECROWNFROM7HECEMTEROFTHETRUNK �NDICATEDONTHEDRAWINGS.NOMENCLATURESHPLL MANUFACTURERSSTATEMENTOFANALYSIS ANOSHALLME MEASUREMENTSARENOTTOINCLUDEANYTERMINAL CONFORMTOSTANDARDIZEOPIANTNAMES 1942 E7 THEFOLLOWINGRE�UIREMENTS; SIX(8)PERCENT GROKTH. SINGLETRUNKTREESSHALLBEFREEOFY EDIiION. PILNURSERY3TOCK3HALLBEINACCORDANCE NITROGEN,SIX(8)PERCENTPHOSPHOROUS,ANDSIX(8) CROTCHESTHATCAULABEPOINTSOFWEAKLIMB WITMGHNDESANOSTANDARDSFORNURSERYPLANTSPARTS PERCENTPOTASSIUM. FERTILiZERSHALLBEAPPLIEATO STRUCTUREORDISEASEINFESTATION. I d II LqTEST EDITION PUBLISHED BYTHE FLORI�A ALL 3Y,ftUBS (1l3 LB. PER 3 OAL. POT, 1/4 LB. PER t DEPARTMENT OF AGftIW LTURE AND CONSUMER SERVICES. GA POnANDGROUNOCOVER. THESODSTARTERFERTI- SHRUBS: HEIGHTSHALLBEMEASUREDFROMTHEGROUND UNLES33PECIFIEDOTHERWISE,ALLPINVT3SHAI.LBE IJZERMIXTURESHALLBEASIO-10ATARATE TOTHEAVERAOEPOINTWNEREMATUREPLANTOROWTH FLORIOAGRA[)ENUMBERiORBETfERASDETERMINE�eY OFiSLBS.PER10003.F.. THEUPKEEPFERTILIZERSHALI STOPS. SPREA�SHALlBEMEASURE0T07HEENOOF THE FLORIOA OIVISION OF PLANT INDUS7RY. &PECIMEN BEA7&48COMPLETEFERTIIJZERA141414 9RANCHINGEOUPLLYARWNDTHESHRUBWSS. MEANS AN EXCEPTIONAILY HEAW SYMAiETRICAL. iICaHTLV FERTILIZERISRE�UIREDONALLTREESAND MEASIIREMENTMEANOTTOINCLUOEANYTERMINAL KNITPLANT,SOTRAINEDORFAVOREOINRS SFIRUBSOVERS'NNEIGHT(12LB.PER50FSPREPD). GRONTH. DEVELOPMENTTHATFIRSTAPPEARANCEISUNQUESTIONABLE AGRIFOftM TABLETS WITH TYEIdIY (2�) PERCENT ANO OUTSTANDINGLY SUPERIOR IN FORM, NUMBER OF NITROCaEN, TEN (10) PERCENTPHOSPHOROUS, FIVE (5) PALMS: CLEAR WO00 (C.W.)-SHN.L BE MEASUREO FROM BRANCHES, COMPACTNESS AND SYMMETRV. AlL PLANTS PERCENT POTASSIUM IN 21 GRAM SIZES 9MALL BEMPLIFA THE GROUND AT TIME INSTALLATION TO THE BOTTOM OF SHALL 8E FftESHLY OUG, SOUND, HEALTHY, VIGOROUS, AT THE FOLLOWING RATE: i PER i GAL. PIANTS, 2 PER THE PROND 8HEATH, WELI BRANCHED AND FREE OF OISEASE AND INSECT EGGS 3 OAL. PLANT3 AN� 2 TABIETS PER 1' OF TREE 7RUNK AND LARVAE AND SHALI MAVE ADEWATE ROOT SYSTEMS. CALIPER. MPLYPALMSPECIALASPERI.WJUFACTUREftS OVERALIHEIGHT(OA.)•SHALLBEMEASURFDfROMTHE TREESPORPLhNTINGRONSSHALLBEUNIPORMINSIZE RECOMMENDATION. GROUND ATTHETIMEOFINSTALIATIONTOTHEAVERAGE ANOSHAPE:ALLMATERW.SSHALL6ESUBJECTTO FRONDHEIGHT. APPROVALSYTNEOWNER. WHEftEftE�UIREMENTSARE MUICH OMITfED FRC�M THE PLAfJT LIST, THE PLANTS FURNISHED PALMS WITH MARRED OR BIJRNED TRUNKS WILL NOT BE SHALL BE NORMAL FOR THE VARIETYAND PLORIDAp1. MULCHMATERIALSHALLBESHREDDEDCVPRESSMULCHAND �CCEPTED. PLANTSSHALLBEPRUNEDPRIORTODEIIVERVONLYUPON THE APPROVAL OF THE OWNER. MOISTENEO AT THE TIME OF APPLICATION TO PREVENT . WINODISPLACEMENT.MULCHSHALLBEAPPLIEDTOA PIANTINGSOILANDBACKFILL CONTAINERGROWNSTOCK MINIMUM 3' �EPrM IN PLANTING BE0.S. PLANTING SOIL POR USE IN PREPARING BACIffILL FOR SOD PLANTPITSSHALLBEAFERTIIE,FRIABIE,NATIVESOIL 1.ALLCONTAINERGROWNMATERIALSHALIBEHEALTHY, WITHOUTMIMUREOF9U&SOILMATERIALS.ITSMALL VIGOROUS,WEIL-ROOTEOPLANTSANDESTABLISHEOINTHE THE SOD SHALL MEEf FLORIDA STATE PLANT BOAftO BE FREE FROM HEAW CLAY, STONES, UME, LUMPS, CONTAINER-IN WHICH THEV ARE SOLO. THE PLANTS SHFLI SPECIFICATIONS, ABSOLUTEIY TRUE TO VARIETALTYPE, AN� �NTS, ROOTS OR OTHER FOREIGN MATERIALS, WEEDS, OR �VE TOPS OF GOOD �UALIT'ANO BE IN A HEALTHY FREE FROM WEEDS, FUNGU3, INSECTSAND OISEPSES OF NOXIOUS GRASSES (SUCH AS BERMUDAORNUT GRASS). R GROWIN� CGNDITION. ANV KIND. SHALL NOT CONTNN TOXIC SUBSTANCES WHICH MAY BE NARMFUL TO PLPNT GROWTH. 2. AN ESTABLISHED CONTAINER OftOWN PLAM SHALL BE SUBSTITUTIONS TRANSPIANTED INTO A CONTAINER ANO GROWN IN THAT BACKFILLFORSODAREASSHALLBESU&�ECTTOLESSER CONTAINERSUFFICIENttVIONOENOUGMFORTHENEW NO SUBSTITUTION OF PL.',NT MATERIAL NPES OR SIZES STANDAROS AT THE DISCREfION AND DECISION OF THE OWNER FIBROUS ROpTS TO HAVE OEVELOPED SO THAT THE ROOT WILL BE ALLOWED WITHOUT WftfTTEN AUTHORIZATION FROM MASS WILL RL-TAIN ITS S4APE PND HOLD TOGETHER WHEN THEOWNER.CONTAINERGROWNMATERIALWILLN0T9E PLANTINGSOILFORL'SEWBE�SPORANNUALSAND/OR REMOVEOFROMTHECONTAMER. - ACCEPTED AS SUBSTITUTE FOR 88 B MATERIAL UNLESS PEftENNIALS SHALL CONTAIN NATIVE SOIL OUG FftOM HOLE. PREVIOUSLVAPPROVED.INTENOEDSUBSTITl7TIONSSNALIBE TILLINTOTHETOP16121NCHESOFSOILWITHA SPELLED OUT IN BIO. TIME-RELEASE FERTILIZER. � ur�ar� ���g�i ��iaa� STUDIOS Urban Planning 8 Design Landscape Architecture Communication Graphics The Lofts at City Place 477 S. Rosemary Ave., Sufls 225 West Palm Beach, FL 33407 P 561-366-1100 F 561-366-1111 w�wr.udkstudlos.com Copy�ipM MI Weey Malpm. PmnyemaM�� �M plana iepnea�rted by ihu dm�inp �n owmd by �nd N� P�W rtY of Mc tla�9mr� mE vnn 'MNI.� iIX MN �ACIW M VN OIIMl�CIMA PraHct TMw Wu�. Jnkn�, �mna�nrnn w pim� �h�ll m! be u�etl Ey, adbelosM to tnY WnoM ��, a�Pa+�ui Mltlrout �I1IYTMIM �lIMl�b114�1MCp�QMf. o.i.: a.oi.+o v�,1.�NO.: et.ic�.ma WtlpnW By: J9 Deawn By; JB ChwkMBy: A819P a� Z� � � � }^`i � W �^, ^` W W � Q � \V �,�'I` � •`V � �, � ■ .0 � � � � F r � � � �� U � � � � � � �. � � � LA-2 of 2 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Subiect/Aqenda 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 Planning and Zoning: Costs: [] Rec. approval Martin Schneider, � N�A [] Rec. app. w/ conds. City Attorney AICP Total [] Rec. Denial �' �� [ ] Continued to: 1'L�:,_� Bahareh Wolfs, AICP Planner � N/A N/A Development Compliance Current FY [ ] Quasi-Judicial Funding Source: Allyson Black [ X ] Legislative [ X ] Public Hearing [ ] Operating (X ] Resource Manager Other N/A Natali ong, AICP Budget Acct.#: Advertised: N�q Attachments: Date: July 9, 2010 • Ordinance 21, 2010 Paper: Palm Beach Directo of Planning and Post Zoning [ X ] Required Approved by: Ronald M. Ferris Affected parties Notified: [ ] Notified City Manager [ X] Not Required Meeting Date: August 10, 2010 Petition LDRA-10-03-00002910rdinance 21, 2010 Page 2 of 29 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. At several City Council meetings, City Council has mentioned the need to revisit the sign regulations and requested staff research sign issues. Staff has also received general comments from the business community and residents regarding signage regulations. In addition, staff has had a number of internal discussions on Sign Code issues, including review meetings with various personnel of other departments to see how the Code could be updated and improved. 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 17, 2010, City Council meeting. The amendments are detailed below in the Proposed City Code Amendments section. At the July 20, 2010, meeting of the Planning, Zoning, and Appeals Board (PZAB), this item was postponed to date certain time of August 10, 2010, at 6:00 p.m., to give the board and business community more time to meet with staff and further review the proposed amendments. Since that time, staff has met one-on-one with PZAB members, and with a group of business representatives to review the amendments. PROPOSED CITY CODE AMENDMENTS Staff is proposing the following text amendments 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 no�„�o �niJ +hoir o,,,,�r„n.,-,on+ the effective use of sians 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 +�o „ o„f ;ryn nr,,,,;,�o�, +ho„ , , � , Tonihlo ;� +������� :n �r,.,_, .,�r�.���oG ��,T enable the fair and consistent enforcement of these siqn reaulations and to promote the implementation of the citv's Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 3 of 29 comarehensive future land use plan. Additionallv, this division provides for reaulations to achieve the followina: (1) Proaertv value arotection. Siqns should not create a nuisance to the occupancv or use of other properties as a result of their size, heiaht, brightness or movement. Thev should be in harmonv with buildinas, the neiahborhood and other conformina sians in the area. (2) Communication. Sians should not denv other persons or aroups the use of siaht lines on aublic riahts-of-wav, should not obscure important aublic messaaes and should not overwhelm readers with too manv messaaes. Sians can and should help individuals to identifv and understand the iurisdiction and the character of its subareas. (3) Preservation of communitv's beautv. Cities such as this which include larae landscaaina buffers and numerous planned develoaments, consistina of small and larae office, retail, residential and industrial uses. relv heavilv on their natural surroundinas and beautification efforts to retain their economic viabilitv. This concern is reflected bv the active and obiective reaulations of the appearance and desian of sians. (b) Reaulations strictiv enforced. It shall be unlawful for anv persons to post, displav, chanae or erect a sian or sian structure that reauires a permit without first havina obtained a aermit therefore in accordance with section 78-276. Sians or sian structures erected without a valid permit shall be deemed in violation of this chaater and it shall be mandatorv to obtain the applicable permit, or remove the sian or sian structure immediatelv. All sians not exaresslv aermitted bv this chapter are strictiv prohibited. �Note: The modification will clarify the enforce the sign regulations and iss� permitting requirements.] Sec.78-272. Application. purpose and intent language, in order to ie violations on failure to comply with 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 da„� �°Y�� � �,�°Q� new adoation 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 da^� �°„ r�?��o six vears from adoation 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: August 10, 2010 Petition LDRA-10-03-0000291Ordinance 21, 2010 Page 4 of 29 (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 nonconformina 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�.,�;n�nce-��-9-9- finsert Ordinance #1 are subject to the nonconformina 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 throuah annexation into the citv. �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.] • . .... .. . ., _, � _: _ -. � ., _ � . . . .. _. � . . -�: -.... . .. . . _ ., ._ .. _, . . . .. . -- -... _, . . .. �.� .::_,:.��..�n..�.�e...:� ._.:.�_�:�_.: [Note: This section is obsolete. Its purpose was to ensure all temporary signs that existed when the sign regulations were adopted in 2000 wou/d 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: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 5 of 29 in height or as otherwise aaaroved bv the addressinq committee based on setback from or width of riaht-of-wav. The size of nonresidential address numbers shall not be less than eiaht 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 riaht-of-wav. In cases where there is no adiacent riaht-of-wav, orfor other reasons of public health. safetv. or welfare the addressina committee mav use its discretion to determine the appropriate location and size of addresses. All nonresidential structures with flat roofs. which have a buildinq footarint of at least 10.000 sauare feet and are constructed after fnew adoation datel. shall have the address number posted on the rooftop. The address numbers shall be block letters of at least four feet in heiaht 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 permanentiv affixed to or aainted 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 numbersize depending on setback, right-of-way width, and otherhealth or safety reasons. It a/so adds a requirement for rooftop address numbers for new, non-residential buildings for public safety concerns,] 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 permit� 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 ��+i-I�inn� C� 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: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 6 of 29 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. ",-�-€°° °"^�� "� rorri �irorJ fnr roincr�on+inr� �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 re-inspect signs, and allows the City to charge for re-inspection 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 ��P�PZAB, 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.-� or structure upon which the sign is located within ten days after written notification from the building official. Upon Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 7 of 29 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: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 8 of 29 (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 trianqles. A sian shall not be placed in such a manner as to obscure siahtlines within the visibilitv 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 (d). No sian located within a visibilitv trianale shall exceed 30 inches in heiaht as measured from the surface of the nearest vehicular traffic area. {s3 d� City property. 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. {-�} �e 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 applicants submitting sign petitions or by staff reviewing signage applications.j 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. (b) Off-premise signs. Off-site} e� off-premises, or billboard signs are prohibited. �41-s�1� , , � ' r�rnr� n �nihi� �� c��r; �-r.�i-�rvc",Z+'i�.°-c�r. �.y. (c) Traffic �el reaulation 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 installe intersection, or in any street right-of-way prohibited. d or erected in a location, so as to obstruct free and or at a street clear vision is Meeting Date: August 10, 2010 Petition LDRA-10-03-0000291Ordinance 21, 2010 Page 9 of 29 (e) Prohibited sign characteristics. Only passive-type signage shall be permitted. Unless otherwise permitted in Section 78-285��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. - - - -- - •- -- - - •--• -- •- - - -- -- - - - •- •- - - . . - - - .. . .. . -- {#} c� 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 (3) (4) (5) (6) 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.-} Murals unless approved bv Citv Councili Painted wall signs; ��,-,�y�, ar'r}�s_,,�t#c�v+s�e—a�le� °�^+�^„ ��-R���'� Sians created bv colored illumination or shadow castina; Changeable copy signs, e� ^'� ���c�� ^�:� �� reE +a��o "° ���l� # gase�e with the exception of the followina which mav be displaved as set forth in this division: a. Gasoline price sians located on pump islands or on monument sians: b. Menu aricina sians; c. Buildina directorv sians; and d Ground sians for municipalities public schools and/or state colleaes located in Public/Institutional zoninq districts; (7) Signs with extruded figures or elements; (8) Portable signs; /Q\ C?nnf cir�nc � {a-9}�9 Balloons� e� balloon signs or inflatable shapes or fiaures with or without coav: {�1-} 10 Copies or imitations of official signs; , , , , , ('I `Z1 �vr�ncorJ nonri +i �hirin• � (�-4} 11 Beacons or searchlights; (�} 1�2 Signs attached to an accessory structure; {-�6} 1�3 Signs which emit sounds; (�} 1�4 Exposed neon tubina. AJneon signs, and LED sians, unless otherwise provided herein; . � � Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 10 of 29 15 Signs which emit visible smoke, vapor particles, or odor; 16 Sandwich board or "A" frame signs and pole sians, unless otherwise provided herein: 1�7 Signs which exhibit obscene or illeaal written messaaes or material; 1�8 Snipe signs ^r cimil�r �omr�nr�r�i �,rync attached, posted or located on or to a�trees, light poles, utility poles; street liaht, sidewalk, curb, fire hvdrant, bridae or anv other public propertv. exceqt for public utilitv, convenience and warnina Sians nr oimilor c+r� in+� �roc• � {�} 1�_9 Signs placed upon benches, bus or transit shelters, or waste receptacles, unless specifically approved by the city council; and , � {�4} 20 Any other sign, device, or equipment ', °° c�n„° °��� not specificallv aermitted by this division. (h) Severabilitv. Should anv provision of Section 78-284 or anv aortion thereof, anv paraaraph, sentence, or word be declared bv a Court of competent iurisdiction to be invalid, such decision shall not affect the validitv of the remainder of Section 78-284. �Note: Revisions to clarifysignage 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: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 11 of 29 Sec. 78-285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. Table 24: Permanent Signs TABLE INSET: Maximum Permitted Max. Size of Max. Maximum Sian Sign Type Zoning Copv Area Sign Number of Structure Other Limits Districts {Sq—��} Faces Sians Dimensions (1) •Requires solid base not less than three feet high w/out sign copy, except for address numbers or leasinp information as reaulated bv Sec. 78-290. Temaorarv •1 for first Sians 300 lineal •Sign copy not to feet of exceed building Non- R�W Height: 10 identification and Ground Sign residential* 60 sc� 2 . feet Width: (2) feet 1 for each #�ee five tenants additional 15 feet (not includina 700 lineal leasinp informationl feet of er si� ROW •Tenant names shall be at least 6- inch letter heiaht. •Min. 15 feet setback from ROW. •Min. 50 feet setback from non- ROW property lines. 1 for parcel •Sign letters shall with af least not exceed 36 100 lineal inches in height. FlabWall feet of •Sign for building Sign for ROW; A and tenant Principal Non- (.�} gp buildina with identification Structure or residential sauare feet � frontaae on None purposes. Principal I-95 or the •NMT one name or Tenant �3 Florida message may be Turnpike included. may have a •Each principal sian facina I- structure is allowed 95 or the a flat or wall sign. Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 12 of 29 Florida •Wall sign cannot Turnaike in exceed more than addition to 70 percent of the its sian immediate vertical facin its and horizontal rip marv surface area to street. The which attached. {-�} sian facina I- 95 or the Florida Turnpike mav be located above the second floor. •Sign must face ROW or primary entrance. NMT 5% of •Uniform type, area of color, material, Flat/Wall elevation of shape & style. Sign for Non- tenant space 1 per tenant •Letters NMT 24 Ground Floor residential or bay. In no 1 space or bay None inches. Users �3 case shall �ler�e •Max. 2 lines of coav exceed copy. 70 square •Signs shall not be feet. located above second floor line or above building parapet. •Sian must face ROW or primarv entrance. •Uniform tvpe. color, material� shape. & stvle. NMT 5% of •�etters NMT 24 area of inches. elevation of •Max. 2 lines of Flat/Wall tenant cOpV• Sian for Professional s ace or � 1 per tenant None •Allowed above the second storv Office bav. In no = saace or bav ground floor. office tenants case shall •Onlv allowed for coav exceed 70 square second storv feet. tenants of two-storv buildinas whose tenants have a primarv buildina entrance facina a maior arterial or collector road, and access not throuah Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 13 of 29 a central lobbv. •A roof sian is permitted onlv as a substitute for a wall siqn. not in addition to a wall sipn. •Onlv for principal NMT 5% of tenants or tenants area of with over 5,000 elevation of �ross leasable tenant sauare feet. s ace or •Sipn letters shall Roof sians bav. In no 1 ber tenant not exceed 36 for one-storv Non- case shall with over inches in heiaht for buildinas with cobv exceed 1 5 000 aross None principal tenant: 24 mansard or residential g0 sauare leasable inches for other hfp roofs feet for sauare feet tenants. rinci al tenants, or •Sian must face 70 sauare ROW or arimarv feet for other entrance. tenants. •Roof sipns must be individual letters. •Roof sian supports shall be painted to match the roof. •Cabinet sians are not permitted. •NMT �20% of total glass area ailowed � �mo hn� irc m�.�-�rva-rv � E3{3E?1�/@�@52.. � .,' .,,.' ` rorrlc 1?. 4olor�hnrio i n�am�"�;�to be covered bv window sians. 0 Lesser of ^''°° nr°' ""^,",°'� 100 square � nor +on�r+ #gr=ggg�s-a+�d Non- feet or 20% �`c"�`� °°",`"°° "ff°r°,� Window Sign 1 "� ���npa�, ����—oi None •Not more than residential of gross glass area_ � None 50% of anv sinale window or alass door mav be covered bv sians. •All sign materials must be permanent. •Paper, cardboard, etc., are prohibited. •Sians allowed in qround floor Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 14 of 29 windows onlv. •Must be attached to wall. •Must be framed or matted. •Not included in area for window Menu Sign signs. (Wall- Non- 4 square � 1 per None •Enclosed in frame mounted) residential feet restaurant or casing compatible with building design and color. •Casing shall not project more than 2 inches from wall. 1 per restaurant. •Constructed of durable materials. Additional •May be pole- signs mounted, "A"= permitted if frame, or sandwich outdoor Menu Sign Height: 5 feet board. Non- 15 square seatin (free- residential feet 2 areas are Width:3 feet •May include name, standing) hours, credit card, either: menu, and price separated information. by 6 feet •Must be stored high wall or inside restaurant not visible to when closed. each other. 1 per building_or 1 directional si�n �er •Max. 4 feet above Building 10,000 Non- 4 square Height: 4 crown of paving or Directional residential feet 2 sauare feet feet. road. Sign of total buil�cd�in sauare footaae in rp oiect. •Max. 3 feet above crown of paving or road. Sians located 1 per within a visibilitv Exit and Non- 4 square approved Ple+�e Heiaht: trianale shall not Entrance residential feet 2 entry or 3 feet exceed 30 inches in exit. heiaht measured Signs from the surface of the nearest vehicular traffic area. Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 15 of 29 •Min. 2 feet from 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. •Mav include chanaeable copv. •Must be landscaped consistent with Menu Board Non- 20 square 1 per Height: 5 feet division �8 of article residential feet 2 restaurant Width: None V, •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 15 square 2 1 None into another sign. Price Sign feet •Sign with price 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. Building 18 square 1 1 per Height:6 feet •2 or more buildings Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 16 of 29 Directory feet building with Width: None on same parcel or Sign tenant or development. business •Internal spaces not illumination only. directly •Located within a accessible 25 feet radius of from main entry to building building. exterior •May be a changeable copy sign. •Shall be placed in landscaped area. •Vehicle pull-off may be required. •Only time and Time and NMT 25°/o of Permitted temperature may Non- only as part be displayed. Temperature residential total sign 1 of a wall or None. .Size to be included Sign area flat sign. within overall size of principal sign_ Commercial and/or Mixed 1 per light •Meet all Pole- 3 feet width mounted Use 21 square 2 pole and/or by 7 feet requirements in Banner and/or feet pedestrian �ength Section 78-292= Public pole Institutional � .,oY ��,�n .,r -,--p��—P.a=� or� � ^°-��ri^,� 2 •Letters may not �er exceed 24 inches in Perimeter communitv height. Wall or Entry entrancewav •Illumination limited Feature 1; or 2 1 si n on to backlighting with Ground Residentiali 60 square for sian either side opaque letters or Signs for Mixed Use feet in of entrance: None. ground lighting for Residential median or 1 sian in letters. Development center •Residential entry � median of feature signs �e communitv shall be approved entrance by city council. drivewa . • Onlv allowed for municipal buildinps. Chanaeable public schools, and/or state copv/diaital Heiaht: 10 colleaes in Public/ d�� Public/ 60 square 2 1 feet Width: Institutional zonina around sian Institutional feet = _ � 15 feet districts. •Reauires solid base not less than three feet hiah w/out sian coav. Meeting Date: August 10, 2010 Petition LDRA-10-03-0000291Ordinance 21, 2010 Page 17 of 29 •Min. 15 feet setback from ROW. •Min. 50 feet setback from non- ROW propertv 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. ��tes-t� T�-,-�,p,��T /nnri+ini �orJ frnm r�ro�iini �o r�orrol 2� 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. /'�\ I ocoor nf �ha fnlln�niinrr• � Q(1 crn �oro foo�� nr . � e �� �T���GCt"Ft�t��� .riEt l:L� `]}oI'%�c + °GC-upVV�� t1"'Fii �on�orlino nf +ho ��i�nori} r�� �hlin rirrht nf �nir+�i 3) For commercial retail, or commercial aortions of proiects within Mixed Use land use desiqnations that front directiv on a maior roadwav (arterial or collector) with no front parkina, one additional sian is allowed on the rear elevation of buildinas, as lona as the customer parkina and access is located in the rear. �Notes for Section 78-285. Permitted Signs section]: 1. Ground signs: a. Permits address numbers or 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 6-inch high lettering for tenant names to maintain readability. 2. Flat/Wall Sign for Principal Structure or Principal Tenant: a. Simplifies the maximum size to 90 square feet. b. Allows one additional sign facing Interstate 95 (1-95) 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. FlaflWall Sign for Ground Floor Users a. Clarifies sign area size by restricting total size to 70 square feet. Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 18 of 29 4. Flat/Wall Sign for Second Floor Professional Office Tenants: a. Allows additional tenant signage for office tenants on the second floor whose primary entrance is through the front fa�ade and face any right-of-way. In other words, direct access to the second floor space must be from an exterior door on the second floor, not through the main lobby entrance. The restrictions forsize, 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 /easable square footage. c. Cabinet signs prohibited. 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 g/ass area for goods and services offered.) 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 orglass 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 numberof directional signs can be one per building, or one per 10, 000 spuare feet of total building 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. Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 19 of 29 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. 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. Previous 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 majorroadway (arterial orcollector) 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 wil/ 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.] (The remainder of this page intentionally left blank) Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 20 of 29 Sec. 78-286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall 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 ' 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 sians. Neon or LED signs are permitted within a building, provided such signage is not visible from a public right-of-way, except as � otherwise be provided herein. (c) Permitted neon signs. An exposed neon sign may be displayed and shall not be visible from a public right-of-way subject to the following restrictions: (1) The sign area shall not exceed three square feet;_ �?1 Tho oi�tiri ch�ll�������e�r �nihi�o• �rirJ , n n f^� (d) Permitted LED sipns. LED sians mav be displaved and mav be visible from a public riaht-of-wav subiect to the followina restrictions: (1) The subiect sian must satisfv the definition of a"Traffic control/traffic information" siqn as set forth in Sec. 78-289; (2) The purpose of the siqn shall be limited to public convenience, public utilitv. public safetv, and/or public warninas; and (3) The siqn has been placed, located, or installed bv or at the direction of the Citv. Palm Beach Countv, state, federal, or other public aaencies. �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. Exposed neon signs are still permitted, but shall not be visible from public rights-of-way. Permitting neon "open" signs is eliminated because it is content based. The color restriction of white only is also eliminated. New LED sign regulations are proposed to allow their use as "traffic control/traffic information"signs in the public rights-of- way for public safety and public information uses.] Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 21 of 29 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. - -- --- . .._. • -- •• -- -- • .. ._ e _. . . .. __ . - -:-• -- - •- - --- .. •. :' '• '• (c) �b 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) �c Flags. Not more than three flags and three flag poles shall be located on any single r� e� D ����r! r+rr, flnryc r nrocor�tir�n nn�iornmor���l rolirrin��o rin+_fnr_r�rnfi+ nr pp y. T��rc —� �rc,ac,n'c�vrrc,rrrn-r� � � � . , . �ormi��o�J f�,n, 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. Additionallv, no flaa pole shall be located anv closer to anv propertv line than the heiaht of the flaa aole as installed The number, size, and heiaht of flaas and flaa poles mav be increased with Citv Council aparoval. TABLE INSET: 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} d� Logos. Logos or any federally registered trademark may be permitted as part of a sign as follows: a-�1 If designed as an integral part of the advertising copy; �-�2 If consistent with an approved color scheme of the master sign plan; and ��3 If displayed as registered. GRAPHIC LINK: Fiqure 13a ��� oow S � , ��' 'G� � i�'._,�___7a � L � LNDTH _� � r - -� � EMBI.EM oa � �� 1 i �____._i � WIDTM " Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 22 of 29 �� �G����L� ;..;�GS!`1����3� � L L vnon+ Figure 13a i'.� '.� � I I �7 GRCLE = i � L_ _J �QTH ^ (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: Fiaure 13b r--- ----� � � i � ODD SHAPE � 1 � l-. � _ _ _. ... �1 "� N+IDTN� � � S�� � Yv�D7� MULTIPLE T M ^ � _ _ i e � ;ELEMENTS � i L—.__._. -------- _ �OGO_J �._._..._.._...__.._._�.�__ WIOTH~ �---_......_. . _,._� 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: Fiaure 14 1S D�9f��Y or L�r� �;I�4fi�'I � � � � �r�:;,,.. k`` ����t� .� � 9 BtDED ANGLEQ 81GN '15 ° OR UNDER Y�ItYT� x NCIGHI'= $�G1v ARC1l �� _I �� , , _� Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/0rdinance 21, 2010 Page 23 of 29 �5 D�Or�iw «Mnr �____-- °- � � � � ►._. ►� � L7 i :r ,� �'�``- ,���� �. `� ;,....,�,,�.� ? SIDED SIC�N d1lER 15 ` 1MIDTH� x NEIG� IT� - SIt3N AF�d WIUtH`x HFIG�ITx- 51CNAI+�A Figure 14 • -. -.. ... •- . -. . . . - . .. . . .-. .- . •-. -- - . -. . •. . . - . .- .•.-. .•- . •-- ...-... . � � � � r � � � 1 � i � � � � � � � � � � � � � r � � � i � � � � � � � � � � i i � ' 1 � � � � � � � � � � � � � � � � � � � � � � � � • � � • � � � � • � � � • � � • � � � � � � � u � • � � � � � � • � � � � � � � � � � � � • • � � � � • � � � � • � � � � u � � � � � • � � • � � • � � � � � � •• � � � � � � � � � � � � � • � u � � � � � � � � � • • � ► � � � � � � u � � u � � � � � � � • � � u � u � � � � � � � �Note: A restriction of signage near residential areas is being removed. Flag setbacks are added, and flag dimensions are revised. The number, size, and height of 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 (f)(1) and fence signs are temporary in nature and are not encouraged as permanent signs.] 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. Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/0rdinance 21, 2010 Page 24 of 29 jNote: Master sign program requirements are clarified.] Sec. 78-289. Exempt signs. �a 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. �g� ��n�„ �„�;,.;+;nry�� Warnina 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/warnin signs placed in public rights-of-way by federal, state, county, city, and other public agencies or at the direction of or as reauired bv 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. a. Motor vehicles including but not limited to trucks, vans, and automobiles, and anv trailer towed bv such vehicles, with business signage shall not be parked in off-street parking areas for the 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 sianaae is not �I� visible from any public street right-of-way. c. Leaal tenants of commercial properties whose vehicles are reaistered. licensed, and fullv operational for companv use are exempt from Sec. 78- 289(a)(7)b. for the purpose of parkinq such vehicles on site. [IVote: "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 Meeting Date: August 10, 2010 Petition LDRA-10-03-0000291Ordinance 21, 2010 Page 25 of 29 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. 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; Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 26 of 29 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; 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 Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/Ordinance 21, 2010 Page 27 of 29 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. OTHER IMPACTED SECTIONS: Section 78-751. Definitions. Surface area means the area of the facade upon which a sian is located and includes the rectanale created bv vertical walls or buildina edaes and architectural features such as doors, windows, bandina, or other architectural elements located above or below the proposed sian area. Visibilitv trianales (aka: safe site distance trianales) the area at the corner of two -_- intersectinq roadwavs or a roadwav and drivewav where alacement of visual obstructions. such as landscapina or sians shall be limited [Note: Two new definitions related to the sign code are proposed for the Definitions section.] Meeting Date: August 10, 2010 Petition LDRA-10-03-0000291Ordinance 21, 2010 Page 28 of 29 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. PZAB ACTION At the July 20, 2010, meeting of the Planning, Zoning, and Appeals Board (PZAB), this item was postponed to a date certain time of August 10, 2010, at 6:00 p.m., to give the board and business community more time to meet with staff and further review the proposed amendments. Since that time, staff has met one-on-one with PZAB members, and has co-ordinated a group of business representatives to review the amendments. The following revisions have been made since the July 20, 2010, meeting: • For rooftop addressing, the language has been clarified to be the address number, not street address. • The term "traffic control" sign has been changed to "traffic regulation" sign in the prohibited signs list to avoid confusion with a different type of sign referenced in a later section. • The prohibited sign characteristics description in the prohibited signs section was revised to clarify that electronic messages or movement are prohibited, unless otherwise permitted in Section 78-285. • The prohibition of internal displays of inerchandise has been eliminated. • For ground signs: o Address numbers or leasing information are allowed on the base of ground signs; o The minimum letter height for tenant names on ground signs has been changed from 8 inches to 6 inches; and o The requirement for uniform color lettering on ground signs has been eliminated to avoid creation of non-conforming uses. • The second story tenant signs have been revised to allow them only for second story tenants of two story buildings whose tenants have a primary building entrance facing a major arterial or collector road, and access not through a central lobby. • For roof signs: o Roof signs must be individual letters; o Roof sign supports shall be painted to match the roof; and o Roof signs are prohibited from being cabinet signs. • A restriction of signage within 100 feet of residential property has been removed. • Removed the allowance of one illuminated sign of three feet from the window signs section of the permitted sign table. This type of sign is specified in Section 78- 286 Meeting Date: August 10, 2010 Petition LDRA-10-03-000029/0rdinance 21, 2010 Page 29 of 29 (the Illumination section). Exposed neon signs of three square feet or less may be displayed, as long as they are not visible from a public right-of-way. • Vehicles with advertising, which may be parked at commercial properties to which the vehicle owner is a legal tenant, must be registered, licensed, and fully operational for company use. 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. CITY OF PALM BEACFi GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda� Cover Memorandum Meeting Date: August 10, 2010 Petition LDRA-10-04-000031/Ordinarnce '!9, 2010 SubiectlAqenda Item Ordinance 19, 2010/Petition LDRA-10-04-OU0031: Land Deyeloprne�t Regulation changes to Sections 78-187. Special Events, Section 78-191. Outdoor Seating, Section 78-290. Temporary Signs Alloweda and Section 7$-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 Planning and Zoning: Gosts: �] Rec. approval N/A Allyson Black � N�A [] Rec. app. w/ conds. City Attorney 7otal [] Rec. Denial [ ] Continued to: Bahareh Wolfs, AICP Resource Manager $ N/A �r �� CurrPnt FY Develop ent Compliance � � Quasi-Judiciai Funding Source: [ X j Legisla#ive [ X ] Public Hearing � � Operating Natalie . ong, AICP [X ] Other N/A Director of Planning and Budget Acct.#: Zoning N/A Advertised: Attachments: Date: Juiy 9, 2010 • Ordinance 19, 2010 Paper: Palm Beach Post , � [ X ] Required Approved by: Ronald M. Ferris Affected parties Notified: N/A [ ] Notified City Manager [ X] Not Required CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: August 10, 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 Planning and Zoning: 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 Development Compliance [ ] Quasi-Judicial Funding Source: [ X ] Legislative [ X ] Public Hearing Natalie M. Wong, AICP [] Operating [X ] Other N/A Director of Planning and Budget Acct.#: Zoning N/A Advertised: Attachments: Date: July 9, 2010 • Ordinance 19, 2010 Paper: Palm Beach Post [ X ] Required Approved by: Ronald M. Ferris Affected parties Notified: N/A [ ] Notified City Manager [ X] Not Required EXECUTIVE SUMMARY As requested by City Council, the following is Regulations code amendment for the sections seating; temporary signs allowed; and definitions include: Page 2 of 25 LDRA-10-04-000031/Ordinance 19, 2010 a City-initiated Land Development related to: special events; outdoor The major changes to the sections 78-187. Special events. • Requiring the applicant to include locations of any outdoor music or entertainment and to submit 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 for outdoor seating without service and allowing for outdoor seating with service for a maximum of two tables (8 seats) or no more than 100 square feet, whichever is less, provided all accessibility standards are met. • 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 on a per-case basis versus as a requirement. • Requiring outdoor storage tarps to be solid colors for cleaner appearance, and 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 7:00 a.m. to 10:30 p.m. and Thursdav through Saturday 7:00 a.m. to 11:30 p.m. • Prohibiting all live entertainment located outside beginning at 10:00 p.m. every night of the week if the outdoor seating area is located within 300 feet of a residential property, unless specified by a special event permit. Ambient music may be permitted for the outdoor patrons provided the noise level is consistent with Section 78-661. Noise. and Article III. Noise. 78-290. Temporary Signs Allowed. • Decreasing the setbacks to 8 feet versus 15 feet from the right-of way. • Creating a�rearly permit for rental, lease, and sale of non-residential buildings and standards for the temporary sign. Page 3 of 25 LDRA-10-04-000031/Ordinance 19, 2010 • Creating design standards for temporary signage for consistency. • Allowing the possibility of leasing information to be placed on the existing base of the project's monument sign. 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 o Certificate of Completion o Certificate of Occupancy (land development) o Certificate of Completion (infrastructure permit) o Live Entertainment 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. Below is a synopsis of the meetings that were held: • Business Community (NPBC Chamber and PGA Corridor Association) o November 19, 2008 — Chamber meeting with President and Association and staff o January 13, 2009 — Staff met with Association on code sections and information o February 9, 2009 — Staff had follow-up meeting with Association o March 13, 2009 — Staff met with Chamber Government Affairs Committee o April 3, 2009 — Chambers met to discuss information o May 20, 2009 — Staff met with Association to discuss proposed changes o August 3, 2010 — Staff met with the Association and Chamber to discuss further proposed changes. • Residents o Public Notice - Announcements, posters, ads, flyers, website o November 19, 2009 — Public workshop for citizen input o December 3, 2009 — Public workshop for citizen input 0 9 residents - total both meetings • City Council o June 6, 2009 - Staff presented business community recommendations to Page 4 of 25 LDRA-10-04-000031/Ordinance 19, 2010 Council o April 15, 2010 - Staff presented recommendations based on input from business community and residents 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 required 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. 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 c�°^��� °"°^+� 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 aduance 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 c^°^�°' °"°n+� planner, upon finding that such information is not necessary. �NOTE: These are administrative changes.] (b) Permit requirements Page 5 of 25 LDRA-10-04-000031/0rdinance 19, 2010 (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 live 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 live entertainment proposed for the special event,J (3) Stafement of use. A detailed statement of use, including but not limited to� sponsor(s), vendors(s), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary 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: oi�o c�iirr� r�or cv�oniol o�ion+ ic r+ormi+�or: ��nl000 �- I_ �--6�}2-91"l�ti��-p ,,m �+ nf +ho �;+". One (1) on-site sian is permitted for each side of the propertv that fronts a aublic riaht-of-wav for no less than 50 linear feet, up to a maximum of three (3) sians. However, in all cases at least one f1) on- site sian aer 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 � the event in accordance with section 78-290: Temporary signs allowed. � iii. p� "—upprvv�P.�-�6��invr�-r=v -�1.�-: poniol o�ion�c r��n-r°Y N� S�gn$ r.v�crra� v r. r,-ca � r. 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.] Page 6 of 25 LDRA-10-04-000031/Ordinance 19, 2010 b. �# s+f°�;�,& Right-of-wav banners: ff_ci n/o1 ir�nl��rJiriir c�roo� h�nn r�nlc h�rin i. ny e„�T�e—s+g,,� �-���e�s, e� ,' riaht-of-wav banners related to a reaional, national. cit , and/or citv co-saonsored special event shall be illustrated in a detailed e#-�i#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 qublic aropertv or riaht-of-wav other than citv aropertv shall be submitted with the authorization of the applicable aaencv and aparoved bv the arowth manaaement director. or desianee. .. _ .. . .. .. .. .. ... .. . _ . .._. .. _ .. . -- :- : - - :--. . .. . : ._ . . : .._. . ._ ... _. . ._ .. .. . ._ ,. . _ ._. �. _ .. .. ._ . : _. ._ ... _ . . . _.: _ ._ . ._ ._: _. _ _. .. .. ._ _.._ _. . . . -.. : _ ._ .. .. . .- - -• •- - - ... .. . ._.._. . _ . .. _ . .._ .. :. . _ ._ .. . - - - .. - -- - - e � -•e - - -- •-e -- - -• e ---- - _-- •- - - • - - - -- ' � • . •. - . •- • • . -• � � - . 1 . - •. �. •- • - - -• -• - - . • �- - • -• � . - •. •. - - • � • - - - 4 iii. No e#'�;�° ��� riaht-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 aaplicant shall be resqonsible for the maintenance and restoration of the citv facilities and/or citv-maintained light aoles durina the installation and removal of the riaht-of-wav banners. .. . -• -- : -: -• - -• : -- ._ .. . . -- •_ - - •- • :- -- •• -- •- - -- - •- - - ��- .. . ._.._. - - : - - - •- - - -- -: - : • -. _ .. . . .. ._ . ..-- -- - - -- •: - .. . .. - - G O - - � • • - - O 0 • - - 0 - - - • - - • - - - - • • � � � � � � . - � u • � . • • - • . � . � • ' . . � ' � 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 aqproval of a traffic control sian plan illustratina the number. copv area. location. and araphics of all sians aroaosed. All sians located on qublic proqertv or riaht-of-wav other than citv qroaertv shall be Page 7 of 25 LDRA-10-04-000031/Ordinance 19, 2010 submitted with the authorization of the aaplicable aaencv. (NOTE: Prohibits off-site signage in conjunction with Section 78-284(b); however, it provides for righf-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 saecial event that is proposina to include live entertainment shall adhere to the followina: 1. Submit a sound manaaement plan as a part of the special event application for review. 2. The sqecial event must meet the reauirements of section 78-661(b). Noise. 3.The arowth manaaement director, or desianee, mav reauire the applicant to hire an acoustical enaineer. or the applicant mav be reauired bv the citv to hire code enforcement qersonnel consistent with the fees and charaes schedule to monitor the noise levels for compliance. �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 an 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 �es�,���;� ^—�n�growth 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, includina riaht-of-wav banners. within two calendar days of the event. �Note: These are administrative changes and permits the Ciiy to request a bond Page 8 of 25 LDRA-10-04-000031/Ordinance 19, 2010 or similar pledge as a part of the permit for right-of-way banners.] {-�} 1�0 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. {�-9-} 1�1 Other materials. Other materials and documentation as may be required by the growth management director, or desianee. (c) Review: ��� �,+ ,�;��T��.��� �no,.,,� o"on+� r�lonnor All special events permits, includina citv co-sponsored events, � shall be reviewed by the Development Review Committee (DRC) in accordance with section 78-46 (d1): Application procedures. . ... . -- - - .- - - -- .... -. • - . - - .• . • - -- - •- - - -• - - - -• - - e • � � � � � � � � ' � ' ' � ' � � � � � � � - � � � u � • • • • � ' � � . � ' • � � u (3) All citv co-saonsored events shall be administered and implemented bv Standard Operatina Procedure (SOP). A copv of the most current citv co-saonsorship SOP shall be kept on file with the Citv Clerk and shall be available for aublic inspection durina normal workina hours. ("NOTE: These are administrative 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, �GB; PDA, and PO�B. In residential zoning districts, or residential portions of PUDs, 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 Page 9 of 25 LDRA-10-04-000031/Ordinance 19, 2010 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 #�ee 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 ##�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 a-1- eleven 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-served basis. h. City-sponsored and city co-sponsored events are hereby exempt from the limitation on the number of events per year. �NOTE: /ncreases 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. Page 10 of 25 LDRA-10-04-000031/Ordinance 19, 2010 (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 or desianee, may deny permits to the operator for future temporary events for a period of no more than 18 months. 8) Vendors. Outdoor sales are arohibited, notwithstandina seasonal sales such as Christmas trees. pumqkin sales, sparklers. and flower sales. for specific holidav celebrations or similar events. The displav of inerchandise bv a sponsor for a special event mav be allowed, provided the merchandise is not for sale, the displavs are shown on the site alan, and it does not block public access. �NOTE: Clarifies and allows outdoor sa/es 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 c�°^�°' °��°��c planner. The °^°^;°' °.,°^+° planner may allow for any additional materials to be submitted within seven days of the denial notification by the �„o,,,,� o„o�+� planner. �NOTE: These are administrative changes.] (2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by the city, 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. (5) The permit fee has not been paid. (f� 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 � 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 Page 11 of 25 LDRA-10-04-000031/Ordinance 19, 2010 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 (fl 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 se►vices. 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 �1+S�2f 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 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 sucha and will take the responsibility for contacting the community services department directly. The applicant is responsible for the cost of such services. The p��6 �—;;mT�s—t�a;��°�; community services administrator, or designee} is the final authority on the need for communitv services. Page 12 of 25 LDRA-10-04-000031/Ordinance 19, 2010 (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 �e� maaistrate consistent with section 78-741(b) of the . Code of Ordinances. �NOTE: These are administrative changes,] 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 requirements. (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 provided on_site or if a nonconformity is created. / G:�oR �}Grhr .�. �� ��ii�.5.� �i. � rti .�tF��Bi�. �—vi u-u �. �r�-G�-� c r� io f n nr! � r e � (6) Outdoor furniture. Furniture that is desianed as outdoor furniture, which can withstand the elements of the rain and intense sun shall be used. lNOTE; Benches for seating are proposed to be exempt from review in a further section and clarifies the type of furniture to be used as outdoor seating furniture.] (b) Review. Outdoar seating may be included as an element of an overall application for development order approval, or as an amendment to an existing development order. Page 13 of 25 LDRA-10-04-000031/Ordinance 19, 2010 Anv outdoor bars that are visible from anv public riaht-of-wav must receive aparoval from citv council. In addition to any other requirements contained herein, each application for approval of outdoor seating shall include the information listed below. 1 • ' � � � � ' • � � � • � • u � � � � � � � � � � � � � ' � � � � � • • • � � � � � ' • � � � � � � � • � � � � � • � � � � � � � � � � � • • � � � � � • � � � � � � � • • • � � � � � � � � � � � � � 1 • • � • • � � � • � � •• � � � � • • � � � � � � � � � � � � � • • � � � � � � • � � � • � � � � � � • � • � � � • •• � � � � ' • � • � � � � � • � � � � � •• � � � � � � � � �NOTE: Eliminates the not�ce requ�rement and requ�res outdoor bars to be approved by City Council.] � 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 proaosed 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 injurar and property damage due to the approval or existence of the outdoor seating. {-6} 4. Renderings. Photographs, renderings, elevations, samples, and other materials as may be required by the cit�r which illustrate the following: the style and color s�of all furnishings and menu boards, and the color, style, and 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 oaeration is licensed to serve alcoholic beveraaes in accordance with Chapter 6. Alcoholic Beveraaes. Page 14 of 25 LDRA-10-04-000031/Ordinance 19, 2010 6. Revocation. The aparoval of outdoor seatina is conditional at all times. An outdoor seatina aqproval mav be revoked or suspended bv the citv upon findina that two or more code violations have occurred reaardina the outdoor seatina within a calendar vear, or that the outdoor seatina is beina operated in a manner which constitutes a nuisance that undulv impedes or restricts the movement of pedestrians, or that in anv wav constitutes a liabilitv. The revocation will be in writina, settina forth s ecific 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 standards 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. Outdoor seating shall be located only along the frontage of the affected restaurant or food service establishment, and shall not be located in front of or adjacent to any other user or tenant, unless otherwise previouslv aaqroved bv citv council. (4) Prohibited location. Outdoor seating shall not be located within any area designated for parking. ' � � ' ' � • � � � � • • � � � - � � � ' ' ' � � • � � � - � . � � � � � . • � u - . � � • • . � � - . � � u . � � • � . � � � . � . • � • � � � • • � • � - � � �� � . .� � • •� •• . � • � � � • � � � � • .� � � � � • • � • • � � � � � � � � • � � ' ' � � � � • � . . � � • � ' • � � � • . • � � • � • . . � . • � . � � . . � � . . � . � • • • . . � � . � � • • . . � . • • • � • • . • • . � � • . � � • . • � � � � • • � . . � • � • � � • . • • • . � � � • � • � . • . � � � • • � � • . • � � � � . �NOTE; This proviales flexibility for the screening requirement on a case-by-case basis, as not al/ locations 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. Page 15 of 25 LDRA-10-04-000031/Ordinance 19, 2010 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 colored tarps shall �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 Th� �i-rrai�a-'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. �"� Thursdav through Saturday. All sales and service of food and beverages are prohibited between the hours of ��:��T 11:30 q.m. and 7:00 a.m. c. All live entertainment is arohibited beainnina at 10:00 p.m. on anv niaht of the week if outdoor seatina is located within 300 feet of a residential propertv. unless permitted specificallv bv a sqecial event. Ambient music throuah saeakers mav be permitted for outdoor qatrons provided the noise level is consistent with all aaplicable performance codes such as Section 78-661. Noise and Article III. Noise. �NOTE: Changes the days and time for permitted outdoor seating. A/so, restricts any live entertainment, music or speakers to be located outside past 10:00 p.m, in areas located within 300 feet of a residential property unless permitted by a special event. Ambient music for the patrons of the outdoor seating may be permitted provided the noise meets the regu/ations set forth in Performance Codes (Section 78-661 and Section 34-56).] (d) Exemations. The followina shall complv with section 78-191 (a); however, thev are exemat 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: Al/ows for outside casua/ 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.] 2) De minimus Standard. Businesses. institutions, or uses that serve food or beveraaes mav be aaqroved to serve food for outdoor seatina bv a maximum of two tables (eiaht seats) or no more than 100 sauare feet. whichever is less. provided thev meet all accessibilitv standards. �NOTE: Some tenants have a sma/l a which only a/lows for one or two tables. maximum area for serving outdoors outdoor seating.] Page 16 of 25 LDRA-10-04-000031/Ordinance 19, 2010 ea that they can serve patrons outside This allows a business that serves food a without having a formal review of the Sec. 78-290. TEMPORARY SIGNS ALLOWED. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the ci�. Signs not approved by the c� are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. (2) Setbacks. Temporary signs shall be setback at least �5 eiaht feet from the riaht-of-wav line. not blockina the visibilitv trianales. t p� T,T�;ea�e�t�epe�t���,� ��� e�er�e� (3) Maximum height. A temporary sign shall not be higher than five feet above the averaae arade at the propertv line within the nearest proximitv of the sian. (4) Permitted sign types. Only pole or sandwich-board-type signage shall be used for temporary signs. (5) Prohibited sign types. R°���,�n#+p^,�rte�s�+r°����^�T° °�,T , , • "�'mr'vrr�ti-t'an—ttlY���--e� �� trri��C�Y-�arr�r°cro 'r-rn�r � �ca—vr-vin��$-�f . Shall be as set forth in Section 78-284. �NOTE: The changes are administrative in nature and provide consistency in measuring the setback requirements for enforcement.] (The remainder of this page intentionally left blank.) Page 17 of 25 LDRA-10-04-000031/Ordinance 19, 2010 Table 25: Temporary Signs TABLE INSET: Type of Sign Maximum Earliest Final Notes and Size Installation Removal Remarks (Sq. Feet) Date Date nr icci io r�or rocirlon+iol �YY�� .4 cinn nor T. r9�r'�c.T nnnrccir7cn4i�l n�rnol V1��tVt •Signs may not be placed on public property. •Signs may not be •Residential - placed in public rights- •Residential - none •Residential - of-way. 6 square feet •Nonresidential - none •Signs may not Political* •Nonresidential 30 days before •Nonresidential - obstruct vision at - 32 square feet primary, general, 5 days after corners, intersections, or runoff election election etc. or referendum. •Applicable to federal, state, county, and local elections. • ne (11 sian mav be permitted for each side f the proaertv that fronts a public ripht-of- way for no less than 0 linear feet. uq to a maximum of three (31 sians per proaertv. •1 sign per residential dwelling or lot_ •1 sign per nonresidential parcel or lot_ •Sign may be installed •Residential - in lieu of any permitted 6 square feet nonresidential sign_ Free Speech •Nonresidential None None •Signs may not be Sign * -as permitted by placed on public sign regulations property. •Signs may not be placed in public rights- of-way. •Signs may not obstruct vision at corners, intersections, etc. Page 18 of 25 LDRA-10-04-000031/Ordinance 19, 2010 c.,�ooa,� ^f�r�n� r �G�L \A/hon r�rnr�or4�i ��� J� ..� �e�ie�-e# � effere� fer sale slas+r�� g�il�ing. Sale: Residential 6 Day open house Day open house Open House* begins closes Sale: Day open house Day open house Nonresidential 16 begins closes Open House aAl�e�--�iJ�i p� nffororJ fnr c�lc nr ��� � ��� �i rl��ic �ftor c�lo ��— � �– �eci� \A/hon h��ilrlir�n Ron} nr I ooco• �B� �i-E�ttCY ' �'_ rlo�iol�pm��� rcn+o'J nr Ic^+ orJ �� IGIICGQ�TGCI�GQ - Ol Civ�- - 1CC1� ���'�'�"}� Ron4 nr I c�co• nfforor! nr °�°r norncn� (4 (1(10%\ hn� i cinnc �9�-e# �- ��"�I�� 'F�99i}��Fig„vuse�� �� ,.,Y�,.,Y rcn#ciJ nr loocc�7 ���. �h�t- icc�� When complete On receipt of Development 32 development first certificate of Sign order application filed with city occupancy Project Issuance of On receipt of •No more than two Suppliers/trades 32 building permit final certificate of sians shall be occupancy permitted at one time. Grand Opening/ Project Opening/ 7 days before 10 days after New Businesses 32 event opening or event Outparcel/Phase 32 7 days before 10 days after Opening event opening ' - " " 7 rl�vc hcfnro ' G�iori�/C�lo Aln} �� '�°i� ��'� ��lo/o�� cnl%� ��IBFi--� fnr�_ G�ion4/colo fnr � `` �--�GtGf-C �F�1�� �cr^°^-°PPT�°vca t� c�le/o�icri� �r'� �e� °F"r"°'�� a�mini��ra�ive�elisa : Page 19 of 25 LDRA-10-04-000031/0rdinance 19, 2010 •In accordance with subsection 78-187 bl(41(a) one (11 on- i e sian mav be 7 davs prior to 2 davs after permitted for each side 32 of the aroqertv that �ecial Event = even event Sianaae fronts a aublic riqht-of- way for no less than 50' linear feet, up to a maximum of three (31 sipns. Minimum one (11 per aroaertv allowed. Event •Maximum 4 �er 7 davs prior to Sianaae/sale for 16 event 1 dav after event alendar vear per rfi r�c •Per section 78-187 41(b). must be repional, national. Citv Riaht-of-wav 30 davs arior to 2 davs after or Citv co-sponsored banner 24 event even special event •Must have authorization from apnlicable aaencv •Onlv canvas overinps of around 60 days from sipns allowed. Name Chanae- issuance of •Office and retail uses 60 square feet Issuance of pround sian permanent sian g� co�v rin of COqV e� e� • Mav be submitted apalication (**1 when sian permit for new permanent sian is submitted School/Day 32 30 days before �914 days after •Max. 3 per calendar Care/Nursery registration registration r� Garage Sale* 12 1�day before Day of sale 1 sign for the sale sale �� .�` 'I r!�" �f+or c�lo ��g�# C�lo�.�i -It!`— Q�71Lkj r� .�It� � �� � 1/�/i�hni i+ R� iilrJirinc Special Event Day before 1 day after �s��� Direction 4 event event ���� Signage Issuance of land On receipt of Construction clearing, land Entrance 16 alteration, or finaf cer�ificate of building permit occupancy NOTES TABLE 25: *) Exempt from fees and aermit reaistration provided the sian meets the Page 20 of 25 LDRA-10-04-000031/Ordinance 19, 2010 reauirements set forth in Table 25. (**) A written reauest for a 30-dav extension mav be aranted administrativelv provided the permanent sian is not completed but is in the process of completion. �Note: the Notes for Table 25 are clarifying the types of temporary signs that are exempt from fees and permits, provided they meet the criteria in Table 25 and providing an extension to the name change covering, provided the applicant is working with the City in the process.] �NOTE: The changes in Tab/e 25 inc/ude: ■ Specifying a number for political signs based on the amount of public right-of-way with a maximum number of signs allowed; ■ Clarifying the temporary signs which are exempt from applying for a permit; however, they must meet the criteria in the table; ■ Providing a maximum number of signs for project suppliers/trades; ■ Removing the temporary sign criteria for non-residential sale, lease, and rentals because, due to the nature of the economy, a business may always have one tenant space available, therefore allowing the temporary sign to remain and deteriorate. These signs are proposed to require a year/y permit with renewa/s based on the new criteria listed in a section below; ■ Consolidating the special event signage criteria and making it consistent with the special event section (78-187); ■ Adding an event signage/sale-for-profit category for those applicants that would like a temporary sign for a special occasion (such as Easter church services) but are not considered a"special event"; ■ Adding right-of-way banner criteria consistent with the special event section (78-187); ■ Providing a maximum number of signs for school/day care/nursery registrations and allowing the sign to remain for 14 days after registration; ■ Adding criteria for a name-changelground sign covering allowing a business (such as a bank) to temporarily have the new name over the permanent ground sign while it is in the process of making the new sign; and ■ Removing the criteria for "outside sa/es/sites without buildings" signage because currently the City requires a special event permit for any sales that occur on vacant parcels (such as Christmas frees).] (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. 7) Maintenance. All sians shall be kept in aood condition. present a neat a pearance, and be maintained free of debris. stains. mold. discoloration. or deterioration. 81 Hazard. A sian shall not directiv or indirectiv create a traffic or fire hazard or interFere with the free and unobstructed use of streets or sidewalks. Page 21 of 25 LDRA-10-04-000031/Ordinance 19, 2010 �NOTE: Allows for enforcement of the maintenance and placement of temporary signs.] 9 Permit. a. A citv temporarv sian permit is reauired for all temporarv sians except those exempt as shown in Table 25. b. Non-residential sale of qortion of buildina. rental. or lease aermit 1. An application for temporarv sianaae will be made with the Citv. All applications will be issued and renewed administrativelv bv the Citv. 2. If approved, a aermit for temporarv sianaae will be issued for a period of no lonaer than one vear. A renewal permit mav be submitted annuallv if the applicant is in comqliance with the citv's standards. 3. An administrative fee will be charaed for the issuance of the temaorarv sianaae aermit as reaulated bv the fees and charaes schedule on file. �NOTE: Creates a process by which an annual permit will be submitted and approved.] 4. Standards. Sianaae must be in compliance with all temaorarv sianaae standards and meet the criteria below: i. Size. Maximum sauare footaae of the sian is 16 sauare feet. ii. Sian post. Post shall be a 4x4 treated wood post or other acceatable material. The minimum number of posts shall be two. The posts shall be directiv buried into the around at a minimum of two feet. Use of concrete is arohibited. iii. Backina. Sian shall be installed on a%2 inch alvwood. Plvwood shall be attached with weather-resistant screws. iv. Color. The entire sian must be painted and have no more than two colors, includina the letters. The colors of the sian must be consistent with the approved principal color of the development and/or buildina. c. An additional leasina sian not exceedina 12 sauare feet mav be incorporated into the aroiect's monument sian within the 3-foot reauired base, if provided. Letter size shall be no less than 5 inches for around sians. Must have no more than two colors and be consistent with the aeneral desian of the monument sian. A sian permit must be submitted and approved bv the citv. �NOTE: Creates standards for the temporary signs that are enforceable and aesthetically pleasing. A/so allows the /easing information to be placed on the monument sign of developments as a temporary sign which minimizes signage and still is aesthetically pleasing to the public.] Page 22 of 25 LDRA-10-04-000031/Ordinance 19, 2010 (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right-of_way is allowed one temporary signs as permitted in Table 25. Each side of a proaertv facina a arivate riaht- of-wav mav be allowed one temporarv sian as aermitted in Table 25 at the discretion of the arowth manaaement director. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. (NOTE: Allows for additional temporary signage for the private right-of-way.] SECTION 78-751. DEFINITIONS. (NOTE: The definitions clarify what defines a special event and adds a definition for right-of-way banner, outdoor bar, regional event, national event, live entertainment and event signage. In an effort to expedite and clarify the intent of some of the current definitions, there are some administrative changes included with this petition for certificate of comp/etion, certificate of occupancy, and development,] Certificate of Completion means aermission aranted bv the buildina official upon satisfactorv comaletion of a buildina. structure. and electrical. aas or plumbina svstems. This certificate is proof that a structure or svstem is comalete and for certain tvaes of permits is released for use and mav be connected to a utilitv svstem. This certificate does not arant authoritv to occupv or connect a buildina, such as a shell buildina. prior to the issuance of a certificate of occuqancv. Certificate of Occuaancv (Land Develoament) means permission aranted bv the arowth manaaement administrator. upon receivina a certificate of comaletion. which shall be ranted upon the satisfactorv completion of a buildina. structure. or anv reauired site and land development improvements from a proiect's development order. This certificate does not arant authoritv to occupv or connect a buildina arior to the issuance of a certificate of occupancv issued from the buildina official. Certificate of Completion (Infrastructure Permit) means permission aranted bv the citv enaineer upon the satisfactorv comaletion of anv water, sewer. pavina. drainaae. aradina, or anv other items permitted throuah an infrastructure permit to a buildina. structure, or other land develoament imarovements. This certificate is aroof that the improvements are complete, and for certain tvaes of permits. are released for use and Page 23 of 25 LDRA-10-04-000031/Ordinance 19, 2010 mav be connected to a utilitv svstem. Development, as it aertains to art, means any project to construct or remodel any private or public development, except residential and/or residential components of mixed-use development, or any portion thereof within the limits of the city, where total construction costs equal or exceed� $1,000,000.00. Development means the carrvina out of anv buildina activitv. the makina of anv material chanae in the use or appearance of anv structure or land, or the dividina of land into two or more aarcels. Live entertainment means an act and/or production that entertains, creates a diversion and/or amusement, and is actuallv beina performed at the time of hearina or viewina. National event means a special event of, relatina to. or belonaina to a nation as an oraanized whole. Outdoor bar means an accessorv structure to a primarv restaurant within a close proximitv to the primarv restaurant, which serves food and/or beveraaes. Recrional event means an event at which attendees are from a qre-determined qeoaraphical area such as southeast, and over half of the particiaants live within 400 miles of the location. Special event means a temporary meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design} or goal that will affect or impact the ordinarv and normal use bv the aeneral public upon any public or private facility, street, sidewalk, alley, �a-�I� public or private area, or building where the °"� event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily associated with, the site upon which the event is located. A special event a� is not a normal business sale event or similar activity for commercial and/or office establishments. e �„o�;�� o"o„+ , , , , , , , , , , , , Siqn, event sianaae means temporarv sianaae used to notifv the public that a special occasion and/or a special sale is takina place, but does not meet the definition as a �ecial event. Sian. riaht-of-wav banner means sianaae that has letters, illustrations. or drawinas that are aaplied to fabric or vinvl and are attached to a street pole or liaht pole in the public riaht-of-wav. the placement of which has been proaerlv permitted bv the aovernment a encv that owns the riaht-of-wav. Page 24 of 25 LDRA-10-04-000031/Ordinance 19, 2010 STAFF ANALYSIS The purpose of the proposed amendments as described above is to clarify the various City code sections as well as make the regulations and their enforcement more effective. The business community proposed the initiative to change the codes for clarification and to assist in a downward economy. The residents also proposed some changes during the two public workshops. Many of the changes address the comments and questions that arose and will simplify the common requests from residents and the business community. The amendments will also allow regulating, enforcing, and processing the requests more efficient for staff. PLANNING, ZONING, AND APPEALS BOARD At the July 20, 2010, meeting of the Planning, Zoning, and Appeals Board (PZAB), this item was postponed to date certain time of August 10, 2010, at 6:00 p.m., to give the board and business community more time to meet with staff and further review the proposed amendments. Since that time, staff has met with the business community as well as most of the Commissioners individually. The following reflects a few minor changes to the petition: Section 78-290 TEMPORARY SIGNS ALLOWED • Event signage maximum number was changed from 5 to 4 • School/Day Care/Nursery — maximum number of 3 per calendar year and 14 days after registration • Monument leasing signage o Removed "in lieu of yearly permit" o Added additional criteria for colors and consistency o Minimum 5 inches letter size for leasing information • Number-added criteria for private right-of-way signage Section78-187 SPECIAL EVENTS Added "or similar events" under the vendors' section for events that are not foreseen Added a definition of "live entertainment" to the Definitions section Included a possible bond for right-of-way banners Added information about co-sponsorship with the City Section 78-191 OUTDOOR SEATING • Live entertainment is prohibited after 10 p.m. if within 300 feet of a residen#ial property Page 25 of 25 LDRA-10-04-000031/Ordinance 19, 2010 • Ambient music may be permitted through speakers for outdoor patrons provided the noise level is consistent with Section 78-661. Noise. and Section 34-56 in Article III Noise. • Allowed temporary signage facing a private right-of-way • Added number of chairs permitted for the exempt de minimus standard Section 78-751 DEFINITIONS added : • Live entertainment • Certificate of completion • Certificate of completion (infrastructure permit) • Certificate of occupancy (land development) RECOMMENDATION Staff recommends approval of LDRA-10-04-000031/Ordinance 19, 2010. 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 ORDINANCE 19, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SECTION 78-187. SPECIAL EVENTS AND READOPTING SAME AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-191. OUTDOOR SEATING AND READOPTING SAME AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-290. TEMPORARY SIGNS ALLOWED AND READOPTING SAME AS REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS. TO PROVIDE DEFINITIONS FOR "CERTIFICATE OF COMPLETION", "CERTIFICATE OF OCCUPANCY (LAND DEVELOPMENT)", "CERTIFICATE OF COMPLETION (INFRASTRUCTURE PERMIT)", "DEVELOPMENT, AS IT PERTAINS TO ART", "DEVELOPMENT", "LIVE ENTERTAINMENT", "NATIONAL EVENT", "OUTDOOR BAR", "REGIONAL EVENT", "SPECIAL EVENT", "SIGN, EVEN7 SIGNAGE" AND "SIGN, RIGHT-OF-WAY BANNER"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 29 WHEREAS, the City Council has determined that a need exists to update and 30 modify criteria for special events, outdoor seating, and temporary signage in the City of 31 Palm Beach Gardens; and 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, on April 15, 2010, the City Council discussed and provided direction based on the business community's suggestions and input from the public; and WHEREAS, City staff has initiated an amendment (Petition LDRA-10-04-000031) to the City's Land Development Regulations amending Chapter 78. Land Development. in order to address the City Council's concerns; and WHEREASa the proposed code changes are consistent with previously- discussed criteria; and WHEREAS, on August 10, 2010, the Planning, Zoning, and Appeals Board, sitting as the approval and x; and Local Planning Agency, conducted a public hearing and recommended adoption of the proposed amendments �o the City Council with a vote of x- Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 Ordinance 19, 2010 WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 12 SECTION 2. Section 78-187. Special Events, Section 78-191. Outdoor Seating, 13 and Section 78-290. Temporary Signs Allowed of the Land Development Regulations of 14 the City of Palm Beach Gardens Florida are hereby amended and attached as Exhibit 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 , "A" and made a part hereof of the current Land Development Regulations are hereby adopted. The text adopted in Exhibit "A" shall be substituted for and replace in total the previously-adopted text in the amended sections. SECTION 3. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-751. "Definitions." by adding new definitions for the terms "Certificate of Completion", "Certificate of Occupancy (Land Development)", "Development, as it Pertains to Art," "Development", "Live Entertainment", "National Event", "Outdoor Bar", "Regional Event", "Special event", "Sign, Event Signage", and "Sign, Right-of-Way Banner", each of which shall be placed in alphabetical order in the list of definitions and shall hereafter be defined and read as follows: Certificate of Comaletion means permission aranted bv the buildina official uaon satisfactorv completion of a buildina, structure, electrical, aas, or plumbina svstem. This certificate is proof that a structure or svstem is complete. and for certain tvaes of permits is released for use and mav be connected to a utilitv svstem. This certificate does not arant authoritv to occupv or connect a buildina, such as a shell buildina. prior to the issuance of a certificate of occupancv. Certificate of Occupancv (Land Develoament) means aermission aranted bv the rowth manaaement director, upon receivina a certificate of completion, which shall be ranted uqon the satisfactorv completion of a buildina. structure. or anv reauired site and land development imqrovements from a qroiect's development order. This certificate does not arant authoritv to occupv or connect a buildina prior to the issuance of a certificate of occuaancv issued from the buildina official. Certificate of Comaletion (Infrastructure Permit) means permission aranted bv the citv enaineer uqon the satisfactorv completion of anv water. sewer. pavina, drainaae, aradina, or anv other items permitted throuah an infrastructure permit to a buildina, structure, or other land development improvements. This certificate is proof that the improvements are complete, and for certain tvpes of aermits are released for use and mav be connected to a utilitv svstem. Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Ordinance 19, 2010 Development, as it aertains to Art, means any project to construct or remodel any private or public development, except residential and/or residential components of mixed-use development, or any portion thereof within the limits of the city, where total construction costs equal or exceeds $1,000,000.00. Develoament means the carrvina out of anv buildina activitv. the makina of anv material chanae in the use or aqaearance of anv structure or land. or the dividina of land into two or more parcels. Live Entertainment means an act and/or production that entertains, creates a diversion and/or amusement. and is actuallv beina aerformed at the time of hearina or viewin . National Event means a saecial event of, relatina to. or belonaina to a nation as an oraanized whole. Outdoor Bar means an accessorv structure to a primarv restaurant within a close proximitv to the primarv restaurant, which serves food and/or beveraaes. Recrional Event means an event at which attendees are from a pre-determined aeoaraahical area such as southeast and over half of the aarticiaant lives within 400 miles of the location. 25 Special eEvent means a temporary meeting, activity, gathering, or group of 26 persons, animals, or vehicles, or a combination thereof, having a common purpose, 27 design} or goal that will affect or impact the ordinarv and normal use bv the aeneral 28 � upon any public or private facility, street, sidewalk, alley, p�r� public or private 29 area, or building where the �e�+a�l event substantially inhibits the usual flow of 30 pedestrian or vehicular traffic, and is not the type approved for, or customarily 31 associated with, the site upon which the event is located. A special event a� is not a 32 normal business sale event or similar activity for commercial and/or office 33 establishments. °�es��e�er�s� , + ho �,m.+ ' nr�cnrorl �„�, �,,,,� �aT�--�,,a 34 , , , , , , , 35 , , 36 ' , . 37 38 39 40 41 Sian. Event Siqnaae means temporarv sianaae used to notifv the public that a saecial occasion and/or a special sale is takina place but does not meet the definition as a sqecial event. 42 Siqn. Riaht-of-Wav Banner means sianaae that has letters, illustrations. or --__ _ 43 drawinas that are applied to fabric or vinvl and are attached to a street pole or liaht pole 44 in the aublic riaht-of-wav. the placement of which has been proaerlv aermitted bv the 45 aovernment aaencv that owns the riaht-of-wav. .� Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 19, 2010 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 5. 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 6. Specific authority is hereby given to codify this Ordinance SECTION 7. This Ordinance shall become effective immediately upon adoption. (The remainder of this page intentionally left blank) Page4of5 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 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 I:�'il R. Max Lohman, City Attorney Ordinance 19, 2010 2010, upon first reading. day of FOR Page 5 of 5 , 2010, upon second AGAINST ABSENT � � •Established 1997 •Met at Jupiter HS until 200 - •Established Jupiter Campus Aug 2� � 8 •Currently in expansion process at Jupiter Campus, requiring to seek a large venue until completion. •Centralized location based on congregations geography. a1�l�lr z _. . _r � � , �} � i �r�° ��,�!*-� � � �, � � I 4,a � � x" • R � �."S;",� . ry k !� � I � �� �� � ' � ��� ,'�*� ' � �' �.,. s _ e � . •�'�y� ��+" .' � ��sa y,4 �''"1 "�a. , k �� .� �4.r �_ �a �. ' � �a - ��. _ � � ;1�' � � , �� B49 i;. � . � a���� � � �€�I � � ,� .,,� � � .. „ �. � �. „ : T �, �- ��,,�� , � !�r �.� e. .:�' . � 'r . . ' .' �F. � �� i. � �' ' ' � + . . � x r�f�* � �� � h � .. I,,. ' 1 y IF .. +'_ �y ,i _ _ �_ P- cy � .:� �.. �� � ' ' , '' f� .k��'!'r ��" ��p � .. I ' 1�1 � ip rP � i! 1 1 II-�: . , �a+ � '" �,� i �+ F�A I°i6 � MI �Pl91ii � 1.� �. �FytAP. 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' � _ a` . � ,� � � • , � � ; e e • m i • �� o- ... . l � � ' - �� � 4 �. � � ,� J�� . - .�.�a- s� ■ �' � . '° . r��. . � ._ . � ' � - � • � ' ,� 4.' �" � , � �. �. � �. ,J� .L���, .. s a .�.. � r� � � �.,�. .. . ' ' � `- ! . .�_ - — ^���"..� .— � � ��� ��� � � � y , �. , . � �- � ■ roose �n oe men men s LDRA-10-03-000029 Ord. 21 2010 , Planning and Zoning Department August 10, 2010 � � ac roun a es • Direction from Council to revisit sign regulations • At the July 20t" PZAB meeting, a postponement was requested to allow: — PZAB members to meet individually with staff — Staff to meet with the business community • Staff inet individually with most PZAB members • Staff inet with business community on August 3rd !/�L, r ;y; . � � ■ ■ �nor c an es s�nce as • Rooftop addressing clarified. •"Traffic control" changed to "traffic regulation" sign in prohibited list. • Electronic messages/movement prohibited "unless otherwise permitted in Sec. 78-285." � Prohibition of internal merchandise display eliminated. • Restriction of signs within 100 feet of residential property removed. � Removed illuminated window sign from permitted sign table; it is specified in Sec. 78-286. • Vehicles with advertising allowed at commercial properties where vehicle owner is legal tenant. Vehicle must be registered, licensed, and operational. � Chan es to Ground Si ns Revisions g g 1�:. � ,,.,��,.,,. .� _, : ��_. � _ � � � �� ��� �, ' f ��r r � ;,�...� ���, � ��� _ . .4Y.� _ � . f" :� `� .�. . � -. :� •Total copy area re�nains 60 square feet •Up to 5 tenant names allowed . . .. . - -�... L-J... t�l-1i- •Minimum � 6" letter height •Leasing information and addresses allowed on base an es o 00 � ns �� _ �:., . �_ .�� . � ,.._�, � • Only allowed for existin , one-story buildings with hip or mansard roofs • No cabinet siqns • Must be individual letters • Supports shall be painted to match roof color • Only for Principal tenants or tenants with over 5,000 gross leasable square footage � Chan es to 2nd Floor Office Tenant Si na e g g g •Only in Professional Office zoning •Only allowed for second story tenants of two-story buildings whose tenants have a primary building entrance facing a major arterial or collector road and access not through a central lobby. Proposed tenant signs � ��,��� a� �.� f� £ � . .� .. .. , � � " , f �-�� ' 'i'. ry ', � , �� � �°; - ;�' :� .} ; � -� ���� _� , yi � �.�{', � . : �� � � •. F � .:!� R� ����J��� � ;� p,.,�.'i`��,��,,',�:� �� • ' ��y.�� � • • � - �, ��? ��. ,��� 1�.U� i 2� �� �.'!�b 1jr'y�A a' . �� ����+ f � .. + ti { d W s4y°�,� �4>4:t�yr �r ' ' �`, �'�' " a � �: _ � _ ,, �__ - . , � _ ,� - � _�: - �_ � � _ � � ^ _ �� - "_. ' , � ,-r- ° e � � I , l i � �_� �� I i II +l �I � � i ,-��' � 1.'h���� �� �� _I I I I I I � � ..�- ITT 8� 5MAIL�Y �-�`'° � � ����I�� �.1 Nf,� �+ FII1t4 ?•'k �y �,fi'�'! �6�QU�Qf • . � . . , �j.f.'�"! I�.R�'��� (4.�8a,P���`�� �' , ' �. � _, I y , • '- '. � _ _ — Y � I I %� �.1� �� . i � i y 'q � � �`- �y �'' _ - R ° — J'-�- • �� '��k,� � - - . �,. _ -�,� . . , ? i A f t�,� :�^�► _ � .•- � �� � l ♦ .. . . �r ,:1��.._ �{ �,,.d.:"�;��.rl..�' a.��''''?5�� fPi ,- � � � � � �-- �� � k ts, . vy�.'� �� � � a � � , y.: , ` � � '�rl"� � � �•----•. ��.e�-, - •. .. �i2'�_��� . - '-,�,-"`-- -.t_ . .. .. !/�L, r ;y; . � Pro osed chan es to 2nd Floor O ic p g Tenant Si na e g g • Second floor office tenant signage — Allow for second floor tenants with main entrances facing parking areas — Allow for professional & medical office uses in any zoning district where allowed. � � ■ ■ -�� ues �ons u r er �scuss�o Thank you! � ■ x ra � es � ■ ■ erm i e i ns men men s • 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) � ■ ■ erm i e i ns men men s��on�t.� • AI low roof sig ns for one story bu i Id i ngs w/ mansard o r h i p 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* ���,���a��.�f� £ � . .. . .._y�� � �} t � � ' 'i'. f r I F, M 5 j' �� � �.:} - �I �, � J Q[ g�j.`�.�G _ _� `��� �.� � � •: .F � � . � IRYM "'�. . . \ � � ����J��� . �: •i i� � .4aa. , i�� l ! 6 ! ��k� �� .� �� ��� i ��'P� 4.i�1 i .. � � .,;;, �4 - y �. : �. � = �: � ` �` ,�.. _ �',. ,,,�" ��CA� _ �� .. ��� 4.. �/'��° � �' '. � � Y �" � ' �i ::",�� `.. pi. �'�� ,�,,. _ � � � 't + r � , -� ���`rt�a �� .'�t<��>i��� � g ;�,;*�.��� i �:±i�_ _ - - � �; �s YYp �r �� ...1 .r7i ,M� *'µ` 4 �J� o.x. ,� r a. � � '� � . i � � �� � � � � �i�a . x j� � .i��ti. �ry i (�T;�r' � �Rri Y ��iFb y /� _ ,+'�y�� �'�+ �. :�:f *w'F. '��A- f lc . y ' ;a��d�4a4. ¢� �� i � 1 � ��_ � ������ '���� �� k` � �� ���;� ; . - — ' - � �y� 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 LDRA-10-04-000031 SPECIAL EVENTS, OUTDOOR SEATING & TEMPORARY SIGNAGE CODE AMENDMENTS Planning Zoning and Appeals Board August 10, 2010 Background and Updates At the July 20, 2010 PZAB postponed LDRA-10-04- 000031 to August 10, 2010. Staff has made minor changes based on discussions from the PZAB members Staff has met with most of the PZAB Commissioners individually Staff has met with the Chamber and PGA Corridor Association Minor Changes since July 20, 2010 Section 78-290 TEMPORARY SIGNS ALLOWED School/Day Care/Nursery –maximum number of 3 per calendar year and 14 days after registration Monument leasing signage Added additional criteria for colors and consistency Minimum 5 inches letter size for leasing information Number-added criteria for private right-of-way signage Section 78-187 SPECIAL EVENTS Added a definition of “live entertainment” to the Definitions section Included a possible bond for right-of-way banners Added information about co-sponsorship with the City Section 78-191 OUTDOOR SEATING Live entertainment is prohibited after 10 p.m. if within 300 feet of a residential property Ambient music may be permitted through speakers for outdoor patrons provided the noise level is consistent with Section 78-661. Noise. and Section 34-56 in Article III Noise. Added number of chairs permitted for the de minimus standard Outdoor Seating (Section 78-191) Removing the six foot requirement for walkways As long as the walkways meet pedestrian accessibility and building codes Staff is creating a separate code section for a live entertainment permit. Background on Noise The City Council has received resident complaints at City Council meetings Staff has researched with Code Enforcement the complaints on noise related to commercial properties in the evenings. Majority of the calls show there was not a noise violation, In some instances the business complied with the noise standards, and In a few cases the repeated violations were brought before the special magistrate. Noise Study May 26 –31, 2010, staff conducted a noise study directed at PGA Boulevard corridor. The study was taken at various times throughout the days, including every evening from 8:00pm to 11:30pm. There were no outdoor bands, no live radio broadcasts, and no special events taking place. Summary of the report showed that all businesses met the closing hour requirements and the noise decibel criteria. Noise Research Staff looked further into the complaints for the noise. The police reports from special magistrate hearings indicate it was the presence of the live entertainment that created the loud noise –not the presence of outdoor seating. The higher the volume from the speakers, the louder the patrons have to talk –creating more noise. Live entertainment permit Staff is developing criteria for a live entertainment permit. The commercial tenant would apply for the permit if they want indoor/outdoor live entertainment or outdoor speakers. A cash bond and application fee would be required. The violations would go against the commercial tenant. After a certain number of violations the permit would be revoked. Live entertainment would be prohibited at a certain time if the commercial tenant is within 300 feet of a residential property or the commercial tenant could submit a sound management plan. Recommendation Staff recommends approval of LDRA-10-04-000031/Ordinance 19, 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 August 3, 2010 –Staff met with Association and Chamber to discuss further 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. 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 Creating standards 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 Live Entertainment Development Development, as it pertains to art Certificate of Completion Certificate of Occupancy (Land Development) Certificate of Completion (Infrastructure permit) Outdoor Seating (Section 78-191) Requirements to the application Criteria for exemptions from outdoor seating review Casual seating without service De Minimus Standard –maximum 2 tables (8 seats) 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 Creating a criteria for the type of furniture to be used as outdoor seating Changing the hours of operation to Sunday through Wednesday 7:00am to 10:30pm and Thursday through Saturday 7:00am to 11:30pm. Outdoor Seating (Section 78-191) All live entertainment is prohibited beginning at 10:00 p.m. on any night of the week if outdoor seating is located within 300 feet of a residential property, unless permitted specifically by a special event. Ambient music through speakers may be permitted for outdoor patrons provided the noise level is consistent with all applicable performance codes such as Section 78-661. Noise and Article III. Noise. 300 Foot Radius-PGA Boulevard 300 Foot Radius –Legacy Place 300 Foot Radius-Intracoastal Area 300 Foot Radius-Midtown 300 Foot Radius – Northlake Commons/Gander Mountain 300 Foot Radius –Downtown at the Gardens 300 Foot Radius-Donald Ross Village 300 Foot Radius-Gardens Square Shoppes 300 Foot Radius –PGA Commons East 300 Foot Radius –PGA Commons Central 300 Foot Radius-PGA Commons West City of Palm Beach Gardens Calvary Chapel Church CUMJ-10-07-000017 Planning, Zoning, and Appeals Board August 10, 2010 Subject Request Approve a major conditional use for Calvary Chapel Church to locate in the Palm Beach Gardens High School on Sunday mornings. No physical site or building changes are proposed to accommodate the church use. •Resolution 28,2007 –Approved the major conditional use and site plan for the Palm Beach Gardens High School •Future Land Use –Public (P) •Zoning –PUD/Public or Institutional (P/I) Background Location I-95 Burns Road Lilac Street Holly Drive Mi l i t a r y T r a i l Major Conditional Use •Proposed use meets all of the Major Conditional use criteria listed in Section 78-52 •The church will only be operating on during non-school hours •1 service per week on Sunday mornings •850 seats in auditorium •Church use requires 283 parking spaces 731 spaces on site •Church will be hiring police officers to assist in traffic monitoring Traffic Circulation Plan Mi l i t a r y T r a i l Lilac Street Holly Drive Sign Location Map Recommendation Staff recommends approval of petition CUMJ-10-07-000017 City of Palm Beach Gardens PGA Marina PUD MISC-10-07-000073 Planning, Zoning, and Appeals Board August 10, 2010 Subject Request Approve modifications to the existing site plan, landscape plan, and a waiver for required parking. No additional boats are proposed. •Ordinance 31,1997 –Approved the PGA Marina PUD to allow 264 dry storage slips,20 wet storage slips,outdoor sales,and various associated buildings •2006 Administrative Amendment increased number of dry storage slips to 394 •Future Land Use –Commercial (C) •Zoning –PUD/General Commercial (CG1) Background Location Proposed Site Modifications •Add 3 new boat storage areas •Reduce parking stall widths of existing spaces •Increase open space areas on site 18.4%open space (15%required) •Improve overall operations of the marina o Pavement markings and one directional sign directing patrons to parking areas •Waiver to provide 16 spaces less than required Waiver Request •Number of boat launches is below the parking ratio required by City Code •Marina lacks amenities favorable to live-aboard boaters o Showers o Washer/dryers o Restaurant,and other recreational amenities •Large amount of boats in long term storage Code Ratio Proposed Ratio 1sp /2 wet slips 1 sp /3 wet slips 1sp /5 dry slips 1 sp /6 dry slips Recommendation Staff recommends approval of petition MISC-10-07-000073 Gerald F. Richman ' -, Alan G. Greer I ', John M. Brumbaum . Bruce A. Christensen ? ChaneSH. Johnson Diane Wagner Katle0 Manuel A. Garcia-tinares ~ Ma* A. Romance John G. White. Ill Lyle E. Shapim MlChael J. Napoleone maid P mnm J,. John R. Whntles Enc M. Sodhi teem 8. Fretre Mam M. Myron Eman J. Wall Joshua L. Spwnt Yolyvee Y Rivera Grashrd W. Smith Steven Nacleno. Of Counsel Manuel Farach. MCounsei : Gary s. getenshy ~: RobenL.Floyd Il"lh il'C Kenneth J. Well , Ig.::, :iOll, R~Y H. %awn 1922 ars~: REPLY TO: West Palm Beach Ofke August IO, 2010 Planning and Zoning Board City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Subject: PGA Commons Dear Board Members: On behalf of our client the PGA Commons, we wish to elaborate on the memorandum that has been submitted to your attention and for your consideration which highlights a number of critical issues regarding the recently proposed amendments to the city's land development regulations (LDR's) and in particular, the issues regarding section 78-1 91, "outdoor seating" As expressed in the memorandum, the PGA Commons as well as numerous other similarly situated businesses in Palm Beach Gardens will be severely and negatively impacted if the proposed amendments were to be adopted without significant revision that fairly addresses the important issues involved such as whether there is any justification for any significant change much less, the traumatic and potentially damaging impact of the proposals relating to outdoor seating. Other issues involved relate to the inequitable impact upon the business climate of the city, the social impact, as well as questions of vested rights and due process where the proposed amendments can be interpreted to permit drastic action far out of proportion to any concerns involved. The PGA Commons and other business interests wish to work with the city in addressing any legitimate issues involving outdated performance standards and similar issues while seeking to have the city employ a careful, reasoned, and justifiable approach with regard to the businesses operating within the city that employ outdoor seating. MIAMI OFFICE Miami Center. Suile 1000 201 South B8rca)ne Boulevard . Mlaml. nonda 33131 305.373.4C.X . Emward 954 523.4297 . Far 305.373 4099 E-Ma,,: ,"fc@r,chmangreer.com W*NI r#thmangreer.Com WEST FUN BEACH OFFICE One Clearlake Centre Suile 1504 250 Aurtralian Avenue, Sauth . West Palm Beach. Flonda 33401 561.803.3500 . Fax 561.820 1608 , Planning and Zoning Board August 10,2010 Page 2 We look forward to working with the city to achieve an equitable and legitimate set of standards. Sincerely yours, L.9dfL Gerald F. Richman --’--- GFWdvc cc: Mayor David J. Levy City Council Members Ron Ferris, City Manager R. Max Lohman, City Attorney RICHMAN GREER. P.A YWn. Wnt Pam BUSh From: Ed Chase and loey To: Palm Beach Gardens Ci Council; Palm Beach Gardens City Manager, Palm Beach Gardens Ci Attorney, Palm Beach Gardens Growth Management Department, Palm Beach Gardens Planning and Zoning Board, North Palm Beach County Chamber of Commerce, PGA Corrldor Association. Date: 8/10/10 Re: Proposed Changes to LDR's regarding Signs, Temporary Signs, Special Events and Outdoor Dining. The members of the North Palm Beach County Chamber of Commerce 1 PGA Corridor Association Joint Task Force appreciate the staffs willingness to meet with us on August 3d in order to have a dialogue on some issues in the proposed OR's that are of importance to the business community. We came away from the meeting feeling that we had gone a long way toward finding common ground on some Important items and, although we believe that some fine tuning is stili in order, based on the frank and positive discussion we had, we are confident most of It can be worked out as the process proceeds. Probably the most important item on which we felt we had a meeting of the minds is that outdoor seating, in and of itself, is an popular asset for the Cii; whereas sound, and its affect on residential neighbors, is the real issue. We stand ready and willing to work with the City to help develop an logical, scientifically based, enforceable process containing the proper "teethc so as to make the control of sound reasonable and enforceable. The Ci's Performance Code was written about 25 years ago when you could 'barely hear a pin drop" in the Ci. As polnted out in the City's June 7th Code Compliance Noise Study, of the 22 evening sound readings taken by staff between May 26m and 31' along PGA Boulevard, 12 were listed as traffic, 2 were listed as traffic and low music, 2 were a/c units, 3 were listed as "nla" and 3 were "quiet." The Performance Code does not reflect many current conditions and it must be thoroughly and scientifically restudied before businesses are threatened with heavy fir& and severe sanctions. We do not endorse a "rush to judgment" on this issue. The current ordinance should suffice until a proper update is done. There are many qualified acoustical engineers in South Florida who have done similar studies for other cities, and we believe you should pick the most qualified firm for the task. Outdoordining6lOlOa 1 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print OWE- SUKE \u wrt- fq, 8 City: RcW.t;ro vv 42% Mwq‘ Subject: VwuI we 7-0 <?rnlC Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Address: f?n.a f;?) IAA oJ \-& L City: Q % & Subject : Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Ex Chase. City: e- 13. ba V Ls; p- Address: 3902 6k-b~ E. 0 n‘ yQ Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: \ Address: City: Subject: 1 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Prinxd /--. Name: Address: City: Subject: % ___ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print, City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print / Name: CrE fi ?i c 13 RrctlhRd A 770nnlcy - Address: JCI 5t < &dW FLOC c- City: ehc, C*LZOkqkQL Subject: I-rGp7 4 w RC L DR P’dfo sG-0 A--4Gn/dA&V75 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.