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AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, SEPTEMBER 14, 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: N/A
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Vacant
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Joanne Koerner
Alternates •
Vacant (lst Alt.)
Roma Josephs (2"d Alt.)
1. Recommendation to City Council (Public Hearing)
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, Section 78-194. Live entertainment and outdoor speakers permit, and
Section 78-751. Definitions.
A City-initiated amendment to the City's Land Development Regulations ("LDRs") in
order to provide regulations for live entertainment at commercial venues as well as
clarify and revise the special events, outdoor seating, temporary signs allowed,
performance codes, and definitions sections.
Project Manager, Allyson Black, Resource Manager, ablack@pbgfl.com
Planning, Zoning and Appeals Board
September 14, 2010
2. Recommendation to City Council (Public Hearing) - QUASI-JUDICIAL HEARING
PPUD-09-12-000023 — AT & T Northlake Retail
A request by 3005 Northlake Boulevard, LLC to rezone a 0.93-acre parcel, located on the
north side of Northlake Boulevard approximately 500 feet east of North Congress
Avenue from General Commercial (CG-1) to General Commercial (CG-1) with an
overlay of Planned Unit Development (PUD).
Project Manager, Kathryn Wilson, Planner, kwilson@pbgfl.com
3. Recommendation to City Council (Public Hearing)
MISC-10-07-000072: Northmil Plaza — Miscellaneous Signage Petition
A request from Northmil Limited Partnership by North Lake Holding, LLC, its general
partner, for approval of a miscellaneous petition to amend condition #18 of Resolution
47, 1999, which would allow shopping center wall signage to be blue, red, or the color of
federally registered trademarlcs for tenants when the subject tenant's space is greater
than 20,000 gross square feet in size, or for single-tenant stand-alone buildings. The
Northmil Plaza is approximately 11.5-acres and is located on the northeast corner of
Military Trail and Northlake Boulevard.
Project Manager, Martin Schneider, Planner, mschneider@pbgfl.com
4. Recommendation to City Council (Public Hearing)
CUMJ-10-07-000016 New Life Community Church — Major Conditional Use
A request from New Life Community Church, for approval of a Major Conditional Use
for a church use within Loehmann's Plaza, which is located on the southwest corner of
PGA Boulevard and RCA Boulevard. The proposed conditional use would be
comprised of a 100 seat congregation, office space, and ancillary uses to be located
within two existing 4,625 square foot tenant spaces.
Project Manager, Martin Schneider, Planner, mschneider@pbgfl.com
5. OLD BUSINESS
6. NEW BUSINESS
7. ADJOURNMENT
In accordance with the Americans with Dirahilities Act and Florida Statute 286.26, persons with disabilities needang special accommodations to
participate in this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding. at telephone number (561)
799-4120 for assistance; if hearing impaired, telephone the Florida Re[ay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a person decides to appea[ any decision made by the P[anning, Zoning and Appeals Board, Loca[ Planning Agency, or Land
Development Regulations Commission, with respect to any matter considerecl aX such meeting or hearing, they will need a record of the
proceedzngs; and for such, they may need to ensure that a verbatirn record of the proceedings is made, which record includes the testimony anct
evidence upon whiah the appeal is to be based. Exact [ega[ description and/or survey for the cases may be obtained from the files in the Gr•owth
Managernent Department.
Common/pz agenda 09.14.20I0
2
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 14, 2010
Petition LDRA-10-04-000031/Ordinance 19, 2010
Subject/Aqenda Item
Ordinance 19, 2010/Petition LDRA-10-04-000031: Land Development Regulation
changes to Section 78-187. Special events, Section 78-191. Outdoor seating,
Section 78-290. Temporary signs allowed, Section 78-194. Live entertainment
permit, Section 34-56. General restrictions, and Section 78-751. Definitions.
Public Hearing and Recommendation to City Council: A City-initiated amendment
to the City's Land Development Regulations ("LDRs") in order to provide regulations for
live entertainment at commercial venues, as well as clarify and revise the special
events, outdoor seating, temporary signs allowed, perFormance codes, 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: $ N/A [] Rec. approval
N/A Allyson Black Total [] Rec. app. w/ conds.
City Attorney � f? (] Rec. Denial
`,.f � $ N/A [ ] Continued to:
Bahareh Wolfs, AICP Resource Manager Current FY
��' �� Funding Source:
Development Compliance
[ ] Quasi-Judicial
[ X ] Legislative [ ] Operating
[ X] Public Hearing [X ] Other N/A
Natali . Won , AICP
Budget Acct.#:
N/A
Dir r of lanning and
Z ning
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
Page 2 of 30
LDRA-10-04-000031/Ordinance 19, 2010
EXECUTIVE SUMMARY
As requested by City Council, the following is a City-initiated Land Development
Regulations code amendment for the sections related to: special events; outdoor
seating; temporary signs allowed; live entertainment permit; performance codes; and
definitions. The major changes to the sections include:
34-56. General restrictions.
• Removing Section 34-56. General restrictions. because it directly conflicts with
Section 78-661. PerFormance standards, and it is subjective in nature. Section
78-661 is more enforceable for the noise standards because it is measured by
certain decibel levels at certain times.
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 and six-foot walkway 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 Wednesday 7:00 a.m. to
10:30 p.m. and Thursdav through Saturday 7:00 a.m. to 11:30 p.m.
78-194. Live entertainment permit.
• Creating a new permit for live entertainment.
• Creating standard conditions of approval for all live entertainment.
Page 3 of 30
LDRA-10-04-000031/Ordinance 19, 2010
• Creating standards for review and transferability.
• Creating the process for enforcement and revocation of the live entertainment.
78-290. Temporary Signs Allowed.
• Decreasing the setbacks to 8 feet versus 15 feet from the right-of way.
• Creating a yearly permit for rental, lease, and sale of non-residential buildings
and standards for the temporary sign.
• Creating 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
o Indoor live entertainment
o Outdoor live entertainment
o Speakers
I = �_ [�l . ( r7 : Z �1 � 1 � I �
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
Page 4 of 30
LDRA-10-04-000031/Ordinance 19, 2010
further proposed changes.
o September 7, 2010 — Staff met with the Association and Chamber to
discuss the proposed live entertainment permit.
• 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
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 �, new language is underlined):
Sec. 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"�;
e�ents planner as designated by the growth management director or desiqnee, on
forms provided by the city. Unless waived by the growth management director, or
desiqnee, for good cause and for the public interest of the city, a complete application
for a special event permit shall be filed on or before the following deadlines prior to the
event to allow sufficient time for the review process:
TABLE INSET:
Expected attendance Minimum advance time required to file
Less than, or equal to, 1,000 persons eOne month
Page 5 of 30
LDRA-10-04-000031/Ordinance 19, 2010
1,001 to 5,000 persons �Two months
5,001 to 50,000 persons #Four months
More than 50,000 persons sSix months
The applicant shall provide all information solicited on the special event permit
application form, unless waived by the ��°^��� °„°�+° planner; upon finding that such
information is not necessary.
�NOTE: These are administrative changes.]
(b) Permit requirements_
(1) Authority.
the use on the
application.
Notarized evidence the property owner/managing agent authorizes
site for the special event reflected on the special event permit
(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.]
(3) Statement 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-en-s+te on site, security, utilities, and use of generators.
(4) Signage. Signs are permitted only if related to a special event.
a. On-site signs=_
� �. � nhi nno nn_ci+o��� r cr�o�i�l a�iori� ic r�ormi4tor! � inlocc �ni�ivor!
h��trhr �—g��i�+mh--mrrr�a �ri-� Tmi-r �—a i�c��vi �v—yvva— .� ��av�°.—i� r) +h o r� i� h I i r+
in�oroc� r,f +ho ,..+,,, One (1) on-site sian is permitted for each side of the
propertv that fronts a public riaht-of-wav for no less than 50 linear feet,
u� to a maximum of three (3� signs. However, in all cases at least one
1) on-site sian per event shall be aermitted.
�-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
Page 6 of 30
LDRA-10-04-000031/Ordinance 19, 2010
installation and removal of the sign for � the event in accordance with
section 78-290: Temporary signs allowed.
d III. R�'-�rn� � nc on�q f�n�� r�r�nr�on�o�T�hir� 4ho oilvn�lvo r�l�n mo�i ho
° Y'a���-��-�i�C-FG��FA�i-Bf +i�h �°.—u�°c"ciur�° ^��n� N o s i g n s s h a I I
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 aurposes 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 qrowth manaqement director, or desianee.
�NOTE: Creates set criteria for the signage; provides clarification regarding the
traffic control signage.]
b. � c��e�ig� Riaht-of-wav banners:_
a-i. Any ^v��T��-S'�i�i /o���t�-r �rlinn o��c ����5 r�nlo h�rin�S fl�rrc
,��r°^+�^n°' °;^„° riqht-of-wav banners related to a reqional, national, citv.
and/or citv co-sponsored special event shall be illustrated in a detailed
e#-si�e sign plan that shall indicate on a site plan the location, copy area,
graphics, size, type, and colors of the sign(s) for the event. Such plan
shall be submitted with the special event permit. All sians located on
public propertv or riqht-of-wav other than citv propertv shall be submitted
with the authorization of the applicable aqencv and approved bv the
rowth manaqement director, or desianee. � ^
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.�r:�sr_�i. -�.r.�:r� _ . . �ii. _ _ _ • �. _�i• u • . _ u - • - _
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4 iii. No ^�,�,��e�+gi�s riqht-of-wav banners
site visibility triangles as described in
triangles.
shall be permitted in the safe=
section 78-315(j);_ Visibility
Page 7 of 30
LDRA-10-04-000031/Ordinance 19, 2010
iv. Installation and removal. The applicant shall be responsible for the
maintenance and restoration of the citv facilities and/or citv-maintained
liaht poles durina the installation and removal of the riqht-of-wav
banners.
.. - -- -- - -- -• -- - -- ._ .. . .
.. .: - •- - -- ._ .. _- -- e e• - -- - - ,..
.. . .-••-- - - - - - •- -- -- - - - e•
.. . . .. ._ . ..-- e- - - -. .: . .. .
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.�. � �.-. . .- ... -. . ._ •� .• . .-
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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
approval of a traffic-control sian plan illustratina the number, copv area, location, and
qraphics of all sians proaosed. All sians located on public propertv or riaht-of-wav other
than citv aropertv shall be submitted with the authorization of the apalicable aqencv.
�NOTE: Prohibits oft=site signage in conjunction with Section 78-284(b); however,
it provides for right-of way banners with criteria for regional, national, City and/or
City co-sponsored special events, and permits traffic control signage for public
safety and traffic control during special events.]
(5) Food service. If food service will be available at the event, the applicant shall
provide a complete list of food service vendors, their respective Palm Beach
County mobile occupational license permit if applicable, Florida State health
certificates, and a list of the type of food service proposed.
(6) Alcohol. Applicants may provide alcoholic beverages in accordance with
chapter 6 of the city code: Alcoholic beverages, provided that a copy of the permit
issued from the Florida Department of Beverages and Tobacco is attached to the
special event permit application.
(7) Live Entertainment. Anv special event that is qroposinq to include live
entertainment shall adhere to the followinq:
1. Submit a copv of the most recentiv approved live entertainment permit in
accordance with section 78-194., if apalicable, or submit a sound
manaaement plan as a part of the saecial event application for review.
2. The special 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 enqineer, mav reauest a certified acoustical
Page 8 of 30
LDRA-10-04-000031/Ordinance 19, 2010
enaineerina plan, a cash refundable suretv, or the applicant mav be reauired
bv the citv to hire code enforcement personnel consistent with the fees and
charqes schedule to monitor the noise levels for compliance.
�NOTE: Provides criteria for review of live entertainment and noise impacts
during the special event.]
{�}�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_
{�-}�Bond. A refundable security bond, or similar financial pledge acceptable
to the city, will be required, at the discretion af the °^°^�°' °„°�+� r�l�nnor r�
manaaement director, or desianee, to ensure that any damage is repaired and the
premises returned to its previous condition prior to the event, including the removal
of any signs or banners, includina riaht-of-wav banners, within two calendar days
of the event.
�Note: These are administrative changes and permits the City to request a bond
or similar pledge as a part of the permit for right-of-way banners.]
{�} 1�O�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.
{a-9}�Other materials. Other materials and documentation as may be required
by the growth management director, or desianee.
(c) Review:_
��� �+h_�,�;����e�_�� �no�,�� �"on+� r�Iorinor All special events permits,
includina citv co-saonsored events, � shall be reviewed by the Development
Review Committee (DRC) in accordance with section 78-46 (d1):= Application
procedures.
(2) All city-��>e+�se�e� events shall be r°�����a a p�� by the community
Page 9 of 30
LDRA-10-04-000031/0rdinance 19, 2010
- .� . � • •- � -- - .. _. .. . - -
-• - - -. - --- - -: - • - -- -- --- - - !� ---- -
..: . . . . - -- - - - -- -. ._ .. _
(31 All citv co-sponsored events shall be administered and implemented bv
Standard Oaeratina Procedure (SOP). A copv of the most current citv co-
s onsorshia SOP shall be keat on file with the Citv Clerk and shall be available for
public 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, �S-B; PDA, and PO�d—A!�?4B. In residential zoning districts, or
residential portions of PUDs, PCDs, or MXD� overlavs, special events may occur
on public or private schools, churches and houses of worship, public parks, and
public or private property.
(2) Duration. A special event shall not exceed seven consecutive days. The
growth management director or desianee, may authorize one administrative time
extension of up to three days for good cause and for the public interest of the city.
Any event more than ten days in length must be submitted to the city council for
approval. Pumpkin sales and Christmas tree sales shall not exceed 30 days.
�NOTE: These are administrative changes.J
(3) Number per year.
a. No more than tk�r�e four special events every calendar year shall be held
by any applicant at one location, unless otherwise approved by the city
council following a recommendation by the growth management director, or
desianee.
b. No events shall occur consecutively, except for those with city council
approval, and if approved shall require a separate permit and fee for each
event.
c. Tenants located in commercial/office plazas; are permitted #�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
Page 10 of 30
LDRA-10-04-000031/0rdinance 19, 2010
special events.
e. Commercial/office plazas with ten tenants or less shall be limited to a
maximum of #i�e eiaht events per calendar year. Commercial/office plazas
with � 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: lncreases the number of events per calendar year for individuals as well
as commercial/office tenants and p/azas.]
(4) Access. With the exception of block parties, all efforts shall be made to
provide vehicular access from a collector or arterial roadway.
(5) Traffic control. Use of city police or acceptable alternative to direct and
control traffic may be required.
(6) Sanitation. Plans for sanitation} including temporary bathroom facilities,
inspection of food facilities, drainage, garbage and litter control, and recycling shall
be approved by the growth management director or desiqnee.
(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 prohibited, notwithstandina seasonal sales such
as Christmas trees, pumpkin sales, sparklers, and flower sales, for specific holidav
celebrations or similar events. The disalav of inerchandise bv a saonsor for a
s ecial event mav be allowed, provided the merchandise is not for sale, the
disalavs are shown on the site plan, and it does not block public access.
�NOTE: Clarifies and allows outdoor sales for specific special events as well as
the display of sponsor merchandise during a special event.]
(e) Denial of special event permit. A special event permit shall be denied under the
following conditions:
Page 11 of 30
LDRA-10-04-000031/0rdinance 19, 2010
(1) The application is not complete in all material respects and/or accurate
within the knowledge of the °�°^�°' °"°n+° planner. The °�°^�^' °��°n+ planner
may allow for any additional materials to be submitted within seven days of the
denial notification by the ��°^�°� °"°„+� pianner.
(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 t�
following any special event; and in all respects restored to its former condition.
(2) All city ordinances, rules} or regulations applicable to the special event shall
be observed unless indicated in such section or waived by the growth
management director, or designee, for good cause and the public interest of the
city.
(3) The special event permit may be revoked by the city if any conditions listed in
(f) arise anytime after the issuance of the permit and prior to or during the special
event.
(g) Exemption of public right-of-way closures. Any special event or block party that is
temporarily blocking off, fencing, or in any way appropriating any publicly_dedicated
street, sidewalk, or alley within the city for a special event or block party is hereby
exempt from section 62-2 of the city code of ordinances; however, such permit
application shall be subject to review in accordance with section 78-187(d). Closure of
any public right-of-way not within the city's jurisdiction shall require approval from the
appropriate authority. A"block party" is defined in section 78-751; a majority of
residents must consent to closure, and the event must be sponsored solely by such
residents and not be for any commercial or for-profit purpose.
(h) Special event contract and city service fees. The city may require, as a condition
of a special event permit, that the applicant enter into a contract with the city relative to
the duties and responsibilities of the permit holder as a condition of the special event.
By such contract, the city shall require that the applicant pay to the city the municipal
costs in providing services in support of the special event. The city may require that the
Page 12 of 30
LDRA-10-04-000031/Ordinance 19, 2010
applicant pay to the city a user fee for the use of public property.
(i) Police services. The police department shall review the permit application and
assess the need for police services. If police services are required, the applicant will be
informed of such and will take the responsibility for contacting the police department
directly. The applicant is responsible for the cost of these services. The police chief�or
h'rrr�m2� 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 such; and will take the responsibility for contacting the
community services department directly. The applicant is responsible for the cost of
such services. The �� �"��^ ,^,^r'�c�°��communitv services administrator, or
designee, is the final authority on the need for p�bl+c—�ve�k-� communitv_services.
(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 or desianee'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 +�►aste� maaistrate consistent with section 78-741(b) of
the . Code of Ordinances.
�NOTE: These are administrative changes.]
Sec. 78-191. Outdoor Seating.
(a) Applicability. Outdoor seating shall be permitted as an accessory use to a
restaurant, business, or institution serving food or beverages in an enclosed area,
subject to the standards listed below.
(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.
Page 13 of 30
LDRA-10-04-000031/Ordinance 19, 2010
(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.
-_. ._ • ._ . .. . . -- -- --- -
._ ._ ... _.... .. .._ .. ._ .. . .. . . ... ... .
--
6) Outdoor furniture. Furniture that is desianed as outdoor furniture, which can
withstand the elements of the rain and intense sun shall be used.
�NOTE: Benches for seating 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. Outdoor seating may be included as an element of an overall application
for development order approval; or as an amendment to an existing development order.
Anv outdoor bars that are visible from anv public riaht-of-wav must receive approval
from citv council. In addition to any other requirements contained herein, each
application for approval of outdoor seating shall include the information listed below.
r��.E:- -- - ---. _ . . ._ . .._ .- -- -� - - - -
._ - - .
._ . . .. . . . .- - --- •- - --. _. .. . . _. . --
_.
- ---. . ._ . . .. - •- - ---- - . . ._ .- - --- --
_.
. . �. . . , . . -. .. .. -. . . •- -.
.
. ..-• .- .-. . . .. . . . . .. `• . . ... •.
-- .. . -
. .--. .. .- . .- .- • . . .- . . .-. . . .. -. . .
. .. . .. -
�.. . .-
Page 14 of 30
LDRA-10-04-000031/Ordinance 19, 2010
�NOTE: Eliminates the notice requirement and requires outdoor bars to be
approved by City Council.J
{�}(� Site plan. A site plan, at a scale acceptable to the city, which indicates the
following:
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;
�
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 copv of a valid and current state alcoholic beveraae
license to serve alcohol where the proposed outdoor seatina will be, or anv
—__. _
other license or permit reauired bv the citv for operation.
{4}(2� Consent. A copy of the written consent of the individual, corporation, or
other entity
located.
that owns the property upon which the outdoor seating will be
{�}(�Indemnification. The applicant shall provide, in a form acceptable to the
city attorney, indemnification of the city for any liability for personal injury and
property damage due to the approval or existence of the outdoor seating.
{�}(4�Renderings. Photographs, renderings, elevations, samples, and other
materials as may be required by the city which illustrate the following: the style
and color e�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 operation is licensed to serve alcoholic beveraaes in
accordance with Chapter 6. Alcoholic Beveraaes.
�NOTE: This provides clarification to the requirements of the application.]
(c) Minimum
standards listed
standards
below.
Outdoor seating shall, at a minimum, comply with the
Page 15 of 30
LDRA-10-04-000031/Ordinance 19, 2010
(1) Walkways. Outdoor seating shall be arranged, when in use, in a manner that
provides a pedestrian �"�°IL�ni��i nf nn+ locc th�ri civ foo+ ir� �niii-!�h ��-lionon+ +� oor�h
#�bl�accessibilitv and meets all buildinq codes.
(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
. -.
(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 areviouslv approved bv
citv council.
(4) Prohibited location
designated for parking.
Outdoor seating shall not be located within any area
- . . • • - -- .. . .._ - - - --- - --
. . . ._ _. .. . __... .._ . . .. .. _.
. ... . - -• - - - -- - -. .. ..
--- -- - -- • -- • -- -- .. .. . -- - • - -- - -
. ._ . ._ _. .. .. _. .. . .- -- - - --- • - -• -- -
� • � � • � � � � � � r � � � � � � � � � �
� � � � � � � � � � � � � � � � � � � � � � � �
� � � � � � � � � � � � � � � � � � � � � � � � �
� � � � � � � � � � i � � � � � � � � � � � � i � � � � � �
� � � � i � � � � � � � � � � � � � �
�NOTE: This provides flexibility for the walkways and the screening requirement
becomes on a case-by-case basis, as not all 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. 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 be used to cover. Heaters and other seasonal eauipment shall not be visible
from the public riaht-of-wav when not in use.
�NOTE: Provides clarification for acceptable types of storage requirements and
allows for consistent enforcement.]
Page 16 of 30
LDRA-10-04-000031/Ordinance 19, 2010
(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 �#�sd-a� Wednesdav. All sales and service of food
and beverages are prohibited between the hours of 10:30 p.m. and 7:00 a.m.
b. €�i�� Thursdav through Saturday. All sales and service of food and
beverages are prohibited between the hours of ��:�-mo�,-m 11:30 p.m. and
7:00 a.m.
�NOTE: Changes the days and time for permitted outdoor seating.]
d) Exemations. The followina shall comalv with section 78-191 (a); however, thev are
exempt from formal review of outdoor seatina:
1) Casual Seatina without service. Businesses, institutions, or uses that serve
food or beveraaes solelv inside mav have outdoor casual seatinq, such as a bench
or tables, and shall meet all accessibilitv standards.
�NOTE: Allows for outside casual seating for tenants such as an ice cream shop
or a takeout restaurant to place tables or benches outside the store; provided
they meet the accessibility standards. The number of tables is contingent upon
the amount of space permitted.J
2) De minimus Standard. Businesses, institutions, or uses that serve food or
beveraaes mav be approved to serve food for outdoor seatinq bv a maximum of
two tables (eiqht seats) or no more than 100 sauare feet, whichever is less,
provided thev meet all accessibilitv standards.
�NOTE: Some tenants have a small area that they can serve patrons outside
which only allows for one or two tables. This allows a business that serves food a
maximum area for serving outdoors without having a formal review of the
outdoor seating,]
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�t r. Signs
not approved by the �+ ' '� cit� 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.
Page 17 of 30
LDRA-10-04-000031/Ordinance 19, 2010
(2) Setbacks. Temporary signs shall be setback at least �5 eiaht feet from the
riaht-of-wav line, not blockina the visibilitv trianqles. t"� nro��or nf fnlln�niinrr�
•- -- - ---• --
- -- ---- - - -••-- -
•- ---- - -- - - •-
_., .�..:.�.:.._..._ .� ....�_.:........:..--...
(3) Maximum height. A temporary sign shall not be higher than five feet above
the ��,n ^f +ho r„��, �,�,�G n+ +„ +ho �,ryn averaae arade at the propertv line within the
nearest proximitv of the sian.
(4)
used for
Permitted sign types
temporary signs.
Only pole or sandwich-board-type signage shall be
� . • -• . •- - --. . . .. , .._ .._ ... . ..
- - .. - .. .. .. .- -- .. _. � . ._ .. . ..
.
... . . - - •- ---- •- - -- '• - •.- . - - •- -- -
�� •• �� � u a� � � i �� � � � � • • �
�NOTE: The changes are administrative in nature and provide consistency in
measuring the setback requirements for enforcement.]
Table 25: Temporary Signs
TABLE INSET:
Type of Sign Maximum Earliest Final Notes and
Size Installation Removal Remarks
(Sq. Feet) Date Date
.'I cinn rior ronrJirJo�o
�r icci—r�,va°�_p�°.� roc.�ic�-�.on�-rilc'-ri
�tlV�tii-t-t�
e� ci�
nnr�rocirJon+i�l r��rnol
�i
•Residential - �
•Residential - none •Residential - •Signs may not be
6 square feet •Nonresidential - none placed on public
Political* •Nonresidential 30 days before •Nonresidential - Property.
- 32 square feet primary, general, 5 days after 'Signs may not be
or runoff election election placed in public rights-
or referendum. of-way.
•Signs may not
obstruct vision at
corners, intersections,
etc.
•Applicable to federal,
state, county, and
Page 18 of 30
LDRA-10-04-000031/Ordinance 19, 2010
local elections.
•One (11 sian mav be
permitted for each side
of the aroaertv that
fronts a aubiic riaht-of-
wav for no less than
50 linear feet, up to a
maximum of three (3)
sians aer 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 •Signs may not be
Sign * -as permitted by None None 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.
��le--e�-L-a��;
g �}a�a t�g-s� F ,� „�-af <� �
ge�tian-a# � effere� fer sale elas+��
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
�V�e�ildE�
nfforor� fnr colo nr
r " G rlovc �f4or colo
a_�i— �o�iol�pmon� °�uy�-aTC`�� `'ai`� —
�— Af�Ef r1n�
�� � ���d��
\n/hon hi iilrlinn
Ron� nr I ooco• �fe���� i3-E�� _
' �'_ lJo�io1��P.m�m rontorJ nr IoocorJ
�— 9C�8F -
;��,�
�A/I�LR--�U FI�
Ron4 r�r I ooco• �#e�-��_g�
P-eF�lAla--9# � � ° '�i6sH�g-,h � � � � � ��.g ;�
ul o� io I� �nopr.m sn � � vcr
D";I�;� �ntorl nr IoocorJ QiE��oiiia�.
t�a+rai 9f�2�
;co,�
Page 19 of 30
LDRA-10-04-000031/Ordinance 19, 2010
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/ 10 days after
Project Opening/ 32 7 days before opening or •Mav be permitted as
New Businesses event event a banner
Outparcel/Phase 32 7 days before 10 days after
Opening event opening
�6Fal � r-l��i� hof�ro �2�
��io��n±��vai2--�i-9� ��— ,--aay�v�,TV,c .
c�lo/ovor�4 colo/o�ion4 nrnon��o4inn nnl�i
fnr Drnfi4 �� �°��� "
��
� r 7 A�vc hofnro ��
G�io�-.�^v�a�°�v� �-�E3��-- '�°'c
eii�� c � I o /�a-n.n°.�°�-n �
Pr� �T-�ii-i-iii���+irv° „�..-�viiv��
•In accordance with
subsection 78-187
bl(4)(al one (11 on-
site sian mav be
aermitted for each side
7 davs prior to 2 davs after of the aropertv that
32 fronts a aublic riaht-of-
Sbecial Event = event event Way for no less than
Sianaae 50' linear feet, up to a
maximum of three (31
sians. Minimum one
11 per propertv
allowed.
•Ma be aermitted as
a banner
Event •Maximum 4 per
Sianaae/sale for 16 7 davs prior to 1 dav after event calendar vear per
� — event r�oiect
•Per section 78-187
41(b) must be
re�ional national�citv
Riaht-of-wav 24 30 davs prior to 2 davs after or city co-sponsored
banner = event event special event
•Must have
authorization from
applicable aaencv
Name Chanae- 60 da s� from •Onlv canvas
around sian 60 square feet Issuance of issuance of coverinas of around
of coav e� permanent sian sians allowed.
coverin ep rmit •Office and retail uses
Page 20 of 30
LDRA-10-04-000031/Ordinance 19, 2010
aaalication (**1 0�
• Mav be submitted
when sian permit for
new aermanent sian is
submitted
•Max. 3 aer calendar
School/Day 32 30 days before �8 14 days after �
Care/Nursery registration registration •Mav be permitted as
a banner
Garage Sale* 12 1�day before Day of sale 1 sign for the sale
sale
�� 9 rJo�i offior c-�Io
C�Io�i_�c��_�� �� 1'IIIA� h� ra �It�
�mmi�tt'viiv° �r'� pvi-io�
Special Event 4
Direction Day before 1 day after
Signage event event
Issuance of land On receipt of
Construction clearing, land
Entrance 16 alteration, or final certificate of
building permit occupancy
NOTES TABLE 25:
(*) Exempt from fees and permit reqistration provided the siqn meets the
requirements set forth in Table 25.
(**) A written request for a 30-dav extension mav be qranted administrativelv
provided the permanent siqn 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.J
�NOTE: The changes in Table 25 include:
■ 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, /ease, 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 yearly
Page 21 of 30
LDRA-10-04-000031/Ordinance 19, 2010
permit with renewals 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"specia/ 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 trees).]
■ Allowing temporary banners to only be used for special event signage,
grand openings and/or new businesses, and school registrations.
(6) Maximum sign faces
temporary sign.
A maximum of two faces will be allowed for each
(7) Maintenance. All siqns shall be kept in aood condition, present a neat
appearance, and be maintained free of debris, stains, mold discoloration, or
deterioration.
(8) 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.
�NOTE: Allows for enforcement of the maintenance and placement of temporary
signs.]
9) Permit.
a. A citv temporarv siqn permit is reauired for all temporarv siqns except
those exempt as shown in Table 25.
b. Nonresidential sale of portion of buildina, rental, or lease permit.
1. An application for temqorarv sianaae will be made with the citv. All
applications will be issued and renewed administrativelv bv the citv.
2. If aaproved, a permit for temporarv siqnaae will be issued for a
period of na lonaer than one vear. A renewal permit mav be submitted
annuallv if the applicant is in compliance with the citv's standards.
Page 22 of 30
LDRA-10-04-000031/Ordinance 19, 2010
3. An administrative fee will be charaed for the issuance of the
temaorarv sianaqe permit as reaulated bv the fees and charaes
schedule on file.
�NOTE: Creates
approved.]
a process by which an annual permit will be submitted and
4. Standards. Sianaqe must be in compliance with all temaorarv
si naae 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
acceptable material. The minimum number of aosts shall be two.
The posts shall be directiv buried into the around at a minimum of
two feet. Use of concrete is prohibited.
iii. Backina. Sian shall be installed on a'/Z-inch plvwood.
Plvwood shall be attached with weather-resistant screws.
iv. Color. The entire siqn must be painted and have no more
than two colors. includinq the letters. The colors of the sian must be
consistent with the aaaroved arincipal color of the develoament
and/or buildina.
a. An additional leasina siqn not exceedina 12 sauare feet mav be
incorqorated into the qroiect's monument sian within the three (3) foot
reauired base, if qrovided. Letter size shall be no less than five (51 inches
for round sians. Must have no more than two (2) colors and be consistent
with the aeneral desiqn of the monument sian. A sian permit must be
submitted and aqqroved bv the citv.
jNOTE: Creates standards for the temporary signs that are enforceable and
aesthetically pleasing. Also allows the leasing 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.]
(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.
Page 23 of 30
LDRA-10-04-000031/Ordinance 19, 2010
(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 propertv facina a private riaht-
of-wav mav be allowed one temporarv sian as permitted in Table 25 at the discretion of
the arowth manaaement director, or desianee.
(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.]
Sec. 78-194. Live entertainment permit.
The purpose of this section is to provide reaulations which qovern the provision of live
entertainment at commercial establishments while arotectina the auiet eniovment of
adiacent properties.
al Applicabilitv of permit.
1) A live entertainment permit is reauired for all new and existina restaurants.
bars, cocktail lounaes. or other commercial establishments in order to provide or
use the followinq:
a. Outdoor live entertainment�with or without amplified sound.
b. Indoor live entertainmenfi with amqlified sound.
2) A live entertainment permit is valid onlv for the specific establishment,
location, and operator of establishment to whom it was issued.
3) A live entertainment permit is not reauired for conductinq a special event in
accordance with section 78-187.
�NOTE: This permit is required for all new and existing commercial
establishments who anticipate having live entertainment for their patrons.
Training and education of staff as well as the community will be necessary for
effective implementation and enforcement. Therefore, the live entertainment
permit section shall commence in May of 2011.]
b) Permit reauired; submittals.
1) Apqlications for a permit under this section shall be made to the Business
Services Division, on a form provided for such purpose bv the citv, and shall
include, alona with anv other such information deemed reasonablv necessarv bv
the reviewina parties in order to implement and enforce the provisions of this
section. the followina:
Page 24 of 30
LDRA-10-04-000031/Ordinance 19, 2010
a. The applicant shall submit the application for live entertainment with an
aqplication fee and cash suretv in amounts as set forth in the citv's
fees/charaes schedule:
b. The name, location, and mailina address of the subiect proaertv for live
_ --__ _ _
entertainment:
c. The name, mailina address. and telephone contact information for the
_____ __
a plicant with authorization bv the propertv owner;
d. A location alan, indicatina the location of the live entertainment, staae or
area for entertainment, outdoor speakers, and/or location of anv other
eauipment that will be used as a qart of the entertainment activities; and
e. A sound manaaement plan which sets forth the method and manner to
be utilized to ensure compliance with the reauirements of Section 78-661.
�NOTE: Creates a process for the live entertainment and sets forth the criteria
necessary for a comp/ete submittal.]
(b) Transferabilitv.
A live entertainment permit mav be transferred in accordance with the followina
provisions:
(1) When a sale or chanae in ownership occurs to an establishment that has an
existina valid live entertainment permit. a reauest to transfer the aermit mav be
made with the new business tax receipt to the Business Services Division;
(2) The transfer reauest shall not include anv proposed chanaes to the previouslv
apqroved sound manaaement plan. If chanaes are proposed, the applicant shall
apalv for a new live entertainment aermit;
(3) The cash suretv reauirements as set forth Section 78-194 (b) 1, shall be arovided
bv the new holder of the business tax receipt:
(4) The establishment shall be in aood standina with the Citv:
(5) Anv violations previouslv issued bv the special maaistrate in accordance with
subsection (e) Enforcement/Revocation of aermits. durina the twelve (12) month
period immediatelv arecedina the date of transfer aaaroval shall be aaalicable to
the new aermit holder.
(6) Uaon the issuance of anv new live entertainment permit. a new twelve (12)
month period shall commence in accordance with subsection le) below.
Page 25 of 30
LDRA-10-04-000031/Ordinance 19, 2010
�NOTE: Creates a process for the live entertainment permit to be transferred in
cases where there is a change in ownership due to sale or management change.]
c) Standard conditions of aaproval for all permits.
The followina are standard conditions of aqproval for ALL live entertainment aermits:
1) Sound aenerated bv or emanatina from establishments that are hostina live
entertainment shall comalv with the noise standards as defined in Section 78-661
of the Code of Ordinances:
2) Hours of outdoor live entertainment shall not extend bevond 11:00 a.m.
unless sbecificallv approved throuah the issuance of a special event permit in
accordance with section 78-187� and
3) The citv mav permit live entertainment bevond 11:00 p.m. provided that:
a. The apalicant submits a certified sound manaaement plan bv an
acoustical enaineer verifvinq that the sound level aenerated will remain
within the citv's performance noise standards as set forth in Section 78-
661; or
b. Otherwise provided for in the citv's standard operatinq arocedure (SOP).
A co v of the most current citv SOP shall be kept on file with the Citv
Clerk and shall be available for aublic insaection durina normal workina
hours.
�NOTE: Creates standard conditions of approval for all live entertainment
including abiding �y the noise standards in section 78-661, provides criteria for
live entertainment beyond 11:00 p.m. and reference to the city's standard
operating procedure for implementation and enforcement of the performance
codes.]
d Standards for review. When considerin a lications for a live entertainment
permit, the citv shall consider the followina:
1) The amount and tvpe of screenina, bufferina, or separation between the
establishment and adiacent properties, with reference to tvpe, dimensions, and
character, shall be fullv and clearlv depicted on the submitted alans.
2) The land and buildinas which are the subiect of the application must be of
sufficient size, shape. tvae of buildina, and the like to ensure the aroposed live
entertainment can be accommodated.
Page 26 of 30
LDRA-10-04-000031/Ordinance 19, 2010
jNOTE: Provides standards for staff to review the permits including the location,
the buffering for sound mitigation and the type of building.]
(e) Enforcement/Revocation of permits. If a code enforcement officer has reason to
believe that the holder of a live entertainment has violated or is in violation of the citv's
noise performance standards or anv of the conditions imposed upon the specific permit
holder's permit, the code enforcement officer shall notifv the alleaed violator bv issuina
a citation and notice of hearinq before the citv's code enforcement special maaistrate in
accordance with the procedures set forth in Chapter 162, F.S. At the hearina, if the
special maaistrate finds that the aermit holder did violate the citv's noise perFormance
standards or remains in violation of the conditions of his/her permit, the maximum
penalties shall be as follows within a twelve month (12) period:
1St violation —$250 fine (to be deducted from permit suretv, if anv) and permit
_._ -
suspension for up to thirtv (30) davs and until permit suretv has been replenished
to the full amount:
2nd violation —$250 fine (to be deducted from permit suretv. if anv) and permit
suspension for no less than thirtv (30) davs and until permit suretv has been
replenished to the full amount; and
3rd violation — Up to $5000 fine, forFeiture of anv posted suretv, and permit
revocation for no less than twelve (12) months.
�NOTE: Provides the process and violations for enforcement and revocation of
the live entertainment permit,]
PERFORMAtVCE CODES
, . ..
.� - -
-. ... .. -- -- -- - -.. : .. . .. -- -. - . ... ..
. . .
- - -• • - - - -. • .. .. -- -- •- - --. .. . .. .. .
- _.
• � � � ! �� •• �• � �� ��• �� � u �• � � � � • ��
� � � � � • � � � � � � � � � • � � � � r • • � � � � �
� • � • � � •� �. ��� .. � �� ��� . �� � �� ••
� ' � � ' � � � • � ' ' u • � ' � � � � u � • � � � u � � � � � �
u � � � u � • • � • � ' � � ' � � ' � ' � � � � � � u � � ' '
u � • • � � � � � u � • � � � u � � � � � u � � � � � • • � � �
• ' � � � � � ' ' � � • � � � � � • � u � � � � � u � • �
� � u � � • • �' � � � � � � � u � � • • � � u • �
� � • � • � � • � � � � �
� ►, � � �.� •� ��� �• .�, � �• � �u �� � u �• • �� , �u
•: • . .. . . . � • �� •• � � •� .� . . �� �u �� � ••
: • � � � � � � � � � � • � • � . � : • � � � � • � • � � � � r • • �
Page 27 of 30
LDRA-10-04-000031/Ordinance 19, 2010
--- :-- - - --. .. _ ... . ._ . .:_
.
- -- --- -: - -- .. ._ -:- -- - • :- - •• - --
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.. .. . .._. _. ..._. . .. ... . . .. .._ . . _
-- - -- ---- -- -.. . ._ .. . .- -- . . .._.
-- -••-• - -- ••e - - -.. . . -- --e - -•-- -- - -
-- - -. . . ..-. -- -••-• - -- ••- e • - -- •- -
. .
. . _ . ... . . _. __ ... .- -- -- •- e - - ----
�NOTE: Section 78-661. Performance Standards, provides clear guidelines for
enforcing performance standards such as noise, odor, glare, smoke, etc. The
specific performance standard code for noise is as follows:
(b) Noise. Equivalent sound levels shall not exceed the standards listed below.
(1) Residential. If the use receiving noise is residential:
a. Between 8:00 a.m. and 9:00 p.m.: 55 dBA; and
b. Between 9:00 p.m. and 8:00 a.m.: 50 dBA.
(2) Commercial. If the use receiving noise is commercial:
a. Between 8:00 a.m. and 9:00 p.m.: 65 dBA; and
b. Between 9:00 p.m. and 8:00 a.m.: 60 dBA.
(3) Industrial. If the use receiving noise is industrial: anytime, 75 dBA.
(4) Exemption. Noises from temporary construction and maintenance
activities between 7:00 a.m. and 9:00 p.m., except Sundays and federal holidays,
are exempt from this standard.
Section 34-56 is being eliminated because it conflicts with Section 78-661 in the
timing and intent, and is also subjective in nature. Section 78-661(b) provides a
concise technical methodology using decibel levels as well as times that are
more clear and enforceable.]
SECTION 78-751. DEFINITIONS.
�NOTE: The definitions clarify what defines a specia/ event and adds a definition
for right-of-way banner, outdoor bar, regional event, national event, live
entertainment, indoor live entertainment, outdoor live entertainment, speakers,
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 completion, certificate of occupancy, and development.]
Certificate of Comaletion means permission aranted bv the buildina official uqon
satisfactorv comaletion of a_buildina, structure. and electrical, aas or alumbina svstems.
_ --
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 occuav or connect a build_i_na, such as a shell buildina. arior
to the issuance of a certificate of occuaancv.
Page 28 of 30
LDRA-10-04-000031/Ordinance 19, 2010
Certificate of Occupancv (Land Development) means qermission aranted bv the arowth
manaaement administrator, upon receivina a certificate of completion, which shall be
granted upon the satisfactorv comaletion of a buildinq, structure, or anv reauired site
and land develoament improvements from a proiect's development order. This
certificate does not arant authoritv to occupv or connect a buildinq prior 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 uaon the satisfactorv completion of anv water, sewer, pavina, drainaae,
aradina, or anv other items permitted throuah an infrastructure aermit to a buildina,
structure, or other land development improvements. This certificate is proof that the
imarovements are complete, and for certain tvpes of permits, are released for use and
mav be connected to a utilitv svstem.
Development, as it pertains 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.
Develo,nment means the carrvina out of anv buildina activitv, the makinq of anv material
chanae in the use or apaearance of anv structure or land, or the dividina of land into two
or more parcels.
Indoor live entertainment means live entertainment that is arovided inside a fullv-
enclosed buildinq.
Live entertainment means an act, performance, and/or aroduction intended to entertain,
create a diversion and/or amusement, and is actuallv beina aerformed at the time of
hearinq or viewinq; includinq, but not limited to, disc iockev performances, solo acts,
bands, dance aerformances, theatrical and comical performances, whether amalified or
non-amplified, which mav be used in coniunction with a restaurant, cocktail lounqe or
other commercial establishment wherein floorshows or other forms of entertainment
consistina of one or more persons, amplified or non-amplified, are provided indoors or
outdoors.
National event means a special event of, relatinq 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 beveraqes.
Outdoor live entertainment means live entertainment that is provided outside a fullv-
enclosed buildina or inside the buildina, but intentionallv audible outside the buildina.
Reaional event means an event at which attendees are from a pre-determined
qeoaraphical area such as southeast. and over half of the participants live within 400
Page 29 of 30
LDRA-10-04-000031/Ordinance 19, 2010
miles of the location.
Sipn, event sianaae means temaorarv siqnaae used to notifv the aublic that a saecial
occasion and/or a saecial sale is takinq place, but does not meet the definition as a
special event.
Sian, riaht-of-wav banner means sianaae that has letters. illustrations, or drawinqs that
are applied to fabric or vinvl and are attached to a street aole or liaht pole in the aublic
riaht-of-wav, the placement of which has_been aroperlv permitted bv the aovernment
_ __- —
aaencv that owns the riaht-of-wav.
Speakers mean an electro-acoustic transducer that converts electrical siqnals into
amplified sounds.
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, �; public or private area, or
building where the speEia-E 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 saecial event ,a-�d is not a normal business sale
event or similar activity for commercial and/or office establishments. � c„°^�°' °„��+
, , , ,
, , , , ,
, , ,
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.
The addition of the live entertainment permit has been created in an effort to address
the enforcement and noise impacts from the live entertainment at commercial
establishments. Staff met with the Chamber and PGA Corridor Association in August
and the concept of creating a separate permit was discussed. Since that time, staff has
been researching and refining the language to allow the commercial establishments to
continue the live entertainment and outdoor music for their patrons while minimizing the
adverse impacts to the surrounding areas and creating a system that holds the owner of
the commercial establishment, not the property owner, accountable for the enforcement.
Page 30 of 30
LDRA-10-04-000031/Ordinance 19, 2010
The performance codes were also reviewed internally during the creation and
discussions of the live entertainment permit. Staff reviewed all applicable city codes
pertaining to noise and found Section 34-56 to be in conflict with the City's performance
code Section 78-661. Section 34-56 is subjective and outdated. Therefore, Section 34-
56 is proposed to be eliminated in an effort to place more emphasis on the decibel
levels of noise for enforcement purposes as well as provide consistency with times of
day and zoning districts.
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. Staff met with the business community as well as most of the
Commissioners individually.
At the August 10, 2010 meeting, this item was continued to September 14, 2010, at
6:00 p.m., in order for staff to work on the live entertainment permit concept in more
detail and bring back to the Board for recommendation and input.
RECOMMENDATION
Staff recommends approval of LDRA-10-04-000031/Ordinance 19, 2010.
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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", "INDOOR LIVE ENTERTAINMENT",
"SPEAKERS", "OUTDOOR LIVE ENTERTAINMENT", "NATIONAL
EVENT", "OUTDOOR BAR", "REGIONAL EVENT", "SPECIAL
EVENT", "SIGN, EVENT 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.
WHEREAS, the City Council has determined that a need exists to update and
modify criteria for special events, outdoor seating, and temporary signage in the City of
Palm Beach Gardens; and
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
37 WHEREAS, City staff has initiated an amendment (Petition LDRA-10-04-000031)
38 to the City's Land Development Regulations amending Chapter 78. Land Development.
39 in order to address the City Council's concerns; and
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41 WHEREAS, the proposed code changes are consistent with previously-
42 discussed criteria; and
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WHEREAS, on September 14, 2010, the Planning,
sitting as the Local Planning Agency, conducted a public
Page 1 of 5
Zoning, and Appeals Board,
hearing and recommended
1 approval and
2 x; and
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Ordinance 19, 2010
adoption of the proposed amendments to the City Council with a vote of x-
4 WHEREAS, the City Council deems approval of this Ordinance to be in the best
5 interests of the health, safety, and welfare of the residents and citizens of the City of
6 Palm Beach Gardens and the public at large.
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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.
SECTION 2. Section 78-187. Special Events, Section 78-191. Outdoor Seating,
15 Section 78-194. Live entertainment permit, and Section 78-290. Temporary Signs
16 Allowed of the Land Development Regulations of the City of Palm Beach Gardens,
17 Florida are hereby amended and attached as Exhibit "A" and made a part hereof of the
18 current Land Development Regulations are hereby adopted. The text adopted in Exhibit
19 "A" shall be substituted for and replace in total the previously-adopted text in the
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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", "Indoor Live Entertainment", "Live Entertainment", "National Event",
"Outdoor Bar", "Outdoor Live Entertainment", "Regional Event", "Speakers" "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 upon
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 tvpes 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.
39 Certificate of Occuaancv (Land Development) means permission aranted bv the
40 qrowth manaaement director, upon receivina a certificate of completion, which shall be
41 aranted upon the satisfactorv completion of a buildina, structure. or anv reauired site
42 and land develoament improvements from a proiect's develoament order. This
43 certificate does not arant authoritv to occupv or connect a buildina prior to the issuance
44 of a certificate of occupancv issued from the buildina official.
45
46 Certificate of Comaletion (Infrastructure Permit) means permission aranted bv
47 the citv enaineer uaon the satisfactorv completion of anv water, sewer, pavina.
Page 2 of 5
Ordinance 19, 2010
1 drainaae aradina or anv other items permitted throuah an infrastructure permit to a
_ _-
2 buildina structure or other land development improvements. This certificate is proof
-_._
3 that the improvements are complete, and for certain tvpes of permits are released for
4 use and mav be connected to a utilitv svstem.
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Development, as it pertains 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.
11 Development means the carrvina out of anv buildina activitv, the makina of anv
_ _- - _
12 material chanae in the use or appearance of anv structure or land. or the dividinq of
13 land into two or more aarcels.
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Indoor live entertainment means live entertainment that is provided inside a fullv-
enclosed buildina.
18 Live entertainment means an act, performance, and/or qroduction intended to
19 entertain, create a diversion and/or amusement and is actuallv beina perFormed at the
20 time of hearina or viewina: includina, but not limited to. disc iockev aerformances, solo
21 acts, bands, dance performances, theatrical and comical aerFormances, whether
22 amplified or non-amalified, which mav be used in coniunction with a restaurant, cocktail
_--_ _
23 lounae or other commercial establishment wherein floorshows or other forms of
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24 entertainment consistina of one or more persons. amplified or non-amplified, are
25 provided indoors or outdoors.
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National Event means a special event of, relatina to, or belonaina to a nation as
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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.
Outdoor live entertainment means live entertainment that is provided outside a
-- _
fullv-enclosed buildina or inside the buildina. but intentionallv audible outside the
buildin .
Reaional Event means an event at which attendees are from a pre-determined
___ _
aeoaraphical area such as southeast and over half of the particiqant lives within 400
miles of the location.
41 Special eEvent means a temporary meeting, activity, gathering, or group of
42 persons, animals, or vehicles, or a combination thereof, having a common purpose,
43 design} or goal that will affect or impact the ordinarv and normal use bv__the aeneral
44 � upon any public or private facility, street, sidewalk, alley, �a-�� public or private
45 area, or building where the �esia-I event substantially inhibits the usual flow of
46 pedestrian or vehicular traffic, and is not the type approved for, or customarily
Page 3 of 5
Ordinance 19, 2010
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Saeakers mean an electro-acoustic transducer that converts electricai siqnals
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into amplified sounds.
Sian. Event Sianaae means temporarv sianaae used to notifv the public that a
saecial occasion and/or a saecial sale is takina place but does not meet the definition as
a special event.
15 Sign, Riaht-of-Wav Banner means sianaqe that has letters, illustrations. or
16 drawinas that are aaalied to fabric or vinvl and are attached to a street pole or liaht pole
17 in the public riaht-of-wav, the alacement of which has been properlv permitted bv the
18 qovernment aaencv that owns the riaht-of-wav.
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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)
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PASSED this day of
PASSED AND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
day of
Page 5 of 5
Ordinance 19, 2010
2010, upon first reading.
• -7
2010, upon second
AGAINST ABSENT
LDRA-10-04-000031
S P ECIAL EVENTS OUTDOO R SEATI NG
, ,
TEMPORARY SIGNAGE & LIVE
ENTERTAINMENT CODE AMENDMENTS
riannrng �oning ana Hppeais �oar� �epT�mper
2010
�
Back round and U dates
g p
� At the August 10, 2010 PZAB postponed to
September 14, 2010.
Staff has evaluated the performance codes for
consistent enforcement
Staff has met with the Chamber and PGA Corridor
Association to discuss proposed changes and addressed
concerns
Special events, outdoor seating and temporary signs
remain the same as presented on August 10, 2010
Staff has created regulations for live entertainment
�
Performance Codes
� Section 34-56. General restrictions is being
eliminated.
Subjective in nature
Conflicts with timing and intent of Section 78-661.
Section 78-661 (b�, Noise, provides a concise
technical methodology using decibel levels as well
as times that a re clea r and enforcea ble for both
residential and commercial properties.
� �
Live entertainment permit �Sec. 78-194�
Required for all new and existing commercial
establishments that provide live entertainment
Transferability section has been included should a
sale or change in ownership occurs
Application and cash surety will be required
Location plan indicating where live entertainment, stage,
speakers, or other equipment will be placed
A sound management plan to ensure compliance with
requirements of Section 78-661
n
Live entertainment permit �Sec. 78-194�
� Sound management plan
General requirements will include sound mitigation by
Orientation of speakers
Placement of live entertainment
Type of entertainment �acoustical vs. DJ�Band
performances)
Volume�decibel level measurement
n
Live entertainment permit �Sec. 78-194�
� Standard conditions of approval.
Sound generated by live entertainment shall
comply with Section 78-661.
Hours of outdoor live entertainment shall not extend
past 1 1:00 p.m. unless approved via a special
event permit or
The applicant has submitted a certified sound
management plan by an acoustical engineer
verifying the noise level will comply with Section
78-661.
�
Live entertainment permit �Sec. 78-194�
If violation has occurred, the applicant shall be brought
before special magistrate.
Violations within a 12 month period
1 St -$250 fine (deducted from permit surety) and permit
suspension up to 30 days and until the permit surety has
been replenished
2nd _�250 fine (deducted from permit surety) and
suspension for no less than 30 days and permit surety must
be replenished
3rd — Up to a$5,000 fine, forfeiture of any surety and
revocation of permit for no less than 12 months.
�
Fundamental Chan es
g
� Creation of live entertainment permit
No longer a right but a privilege
Linked to tenant versus property owner
Applicant is held accountable for actions — fines
involved
Ability to suspend and revoke the permit should
excessive violations occur
Allows consistent enforceability for noise — scientific
methodology takes away any subjectivity
�
Recommend ation
� Staff recommends approval of
LDRA-1 0-04-00003 1 /Ordinance 19, 2010
Section 78-661. Performance
�
Cod es
(b) Noise. Eqvivalent sound levels shall not exceed the standards listed below.
�� (1) Residential. I f the use receiving noise is residential:
a. Between 8:00 a.m. and 9:00 p.m.: 55 dBA; and
b. Between 9:00 p.m. and 8:00 a.m.: 50 dBA.
(2) Commercial. If the use receiving noise is commercial
a. Between 8:00 a.m. and 9:00 p.m.: 65 dBA; and
b. Between 9:00 p.m. and 8:00 a.m.: 60 dBA.
(3) Industrial. If the use receiving noise is industrial: anytime, 75 dBA.
(4) Exemption. Noises from temporary construction and maintenance activities
between 7:00 a.m. and 9:00 p.m., except Sundays and federal holidays, are exempt
from this standard.
�
Sec. 34-56. General restrictions.
Residential and conservation districts. From 8:00 p.m. on each day from
Sunday through Thursday through 8:00 a.m. on the next day, from 1 1:00
p.m. on Friday through 8:00 a.m. on Saturday, and from 1 1:00 p.m. on
Saturday through 12:00 noon on Sunday, no person on property within a
residential district or a conservation district of the city shall operate, cause
to be operated, or permit the operation of any device, machine, appliance,
instrument, equipment, or boat motor in a manner which causes noise to be
generated from such device, machine, appliance, instrument, equipment, or
boat motor, or from anything attached or connected to such device,
appliance, instrument, equipment, or boat motor, that can be heard at a
distance of more than 25 feet from the boundary line of such property.
�
Sec. 34-56. General restrictions.
Nonresidential and nonconservation districts. From 1 1:00 p.m. on each day
from Sunday through Friday through 7:00 a.m. on the next day and from
1 1:00 p.m. on Saturday through 12:00 noon on Sunday, no person on
property within a nonresidential district or a nonconservation district of the
city shall operate, cause to be operated, or permit the operation of any
device, machine, appliance, instrument, equipment, or boat motor in a
manner which causes noise to be generated from such device, machine,
appliance, instrument, equipment, or boat motor, or from anything attached
or connected to such device, appliance, instrument, equipment, or boat
motor, that can be heard at a distance of more than twenty-five feet from
the boundary line of such property.
�
Def i n iti ons Secti on
� Indoor live entertainment
Live entertainment
Outdoor live entertainment
Speakers
78 -751
n
Live entertainment permit �Sec. 78-194�
� Standards for review.
The amount and type of screening and separation
between the establishment and adjacent properties
Mitigate sound impacts upon adjacent properties
The land and buildings must be of sufficient size, shape
and type to ensure proposed live entertainment can be
accommodated.
n
Live entertainment permit �Sec. 78-194�
� Transferability.
Sale or change in ownership occurs
The location plan and specifics must remain the same as
original application — if changes are proposed, the
new owner must submit a new application for permit
Cash surety must be submitted by new holder
Any violations issued shall be applicable to the
transferred permit holder
�
Back round on Noise
g
�� 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 Stud
y
� 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:OOpm to
1 1:30pm.
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
ind icate it was the p resence of the I ive
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.
�
Back round
g
o 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
o 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
o 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
�
S ec i a l Eve nts Secti o n 78-187
p
� 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 eiqht events per year
For commercial�office plazas with 1 1 or more tenants from
ten to twelve events per calendar year
�
S ec i a l Eve nts Secti o n 78-187
p
� 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.
_
Te m o ra r S i n s Secti o n 78-290
p Y J
� 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
�
Defi n iti o n s Secti o n 78-751
c Special Events
c Regional event
�� National event
Outdoor bar
Sign, Event Signage
Sign, Right-of-way banner
� Live Entertainment
c Development
� Development, as it pertains to art
Certificate of Completion
Certificate of Occupancy �Land Development)
Certificate of Completion (Infrastructure permit)
�
Outdoor Seatin Section 78-191
g
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 than 100 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:OOam to 10:30pm and Thursday through
Saturday 7:OOam to 1 1:30pm.
�
Outdoor Seatin Section 78-191
g
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.
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 14, 2010
Petition No. PPUD-09-12-000023
SUBJECT/AGENDA ITEM
PPUD-09-12-000023: AT&T Planned Unit Development (PUD)
Public Hearing and Recommendation to City Council: A request by 3005 Northlake
Boulevard, LLC for a rezoning of a 0.93-acre parcel, located on the north side of
Northlake Boulevard approximately 500 feet east of North Congress Avenue from
General Commercial (CG-1) to General Commercial (CG-1) with an overlay of Planned
Unit Development (PUD).
[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
� N/A [ ] Rec, Denial
M��� Allan Owens [] Continued to:
Dev pment Compliance:
/ ��
Allyson Black
�
ahareh K. Wolfs, AICP Project Manager: Accountant:
i /
Director of Planning and ��� `;�\!
Zoni : Kathryn Wilson Sarah Varga
Attachments:
[X] Quasi — Judicial Fees Paid: [X] •:• Location Map
atalie . Wong, AICP [] Legislative Yes ❖ Project Narrative
[X] Public Hearing ❖ Sign Exhibit
d• Reduced Plans
Advertised: Budget Acct.#:
Approved By: Date: 09/03/2010 N/A
Paper: Palm Beach
City Manager Post
[X] Required
N/A [ ] Not Required
Ronald M. Ferris Affected Parties:
[X] Notified
[ ] Not Required
Meeting Date: September 14, 2010
PPUD-09-12-000023
Page 2 of 7
BACKGROUND
The subject parcel received site plan approval (SP-97-08) from the Site Plan
Appearance and Review Committee on January 12, 1999. Commonly known as the
Costakos building, the building was formerly occupied by Island Cleaners.
The subject parcel was platted in 2001 as the "Costakos Plat" via Resolution 163, 2001.
On October 26, 2009, the parcel received Administrative approval for site and building
modifications to accommodate a new tenant, AT&T. The approval allowed for updated
building colors, addition of awnings, new signage, and landscaping improvements. The
improvements associated with the Administrative approval have been installed, which
considerably enhanced the site, consistent with the City's LDRs, and the requirements
of the Northlake Boulevard Overlay.
The subject petition is a request to rezone the parcel to
(PUD) overlay with an underlying zoning designation o�
add landscaping material, and request two (2) waivers to
No changes to the existing building are proposed.
LAND USE & ZONING
F7� ._Flitir�•1�1i1[i�Z:�Ra � . u �
General Co
provide for a
nmercial (CG1),
monument sign.
The subject site has a Future Land Use designation of Commercial (C) with a zoning
designation of General Commercial (CG1).
i aaie �. 5urrounaing �oning t� �ana use uesignations
• - � �
Subiect Property
AT&T CG 1 C
North
Hilltop Park CG1 C
South
Northlake Square East PUD/CG1 C
East Residential HR-12 (North half)
Jiffy �ube (PB County) Commercial CH/8 (South half)
West
Northlake Congress PUD/CG1 C
CONCURRENCY
No additional concurrency approval is requested with the subject petition.
Meeting Date: September 14, 2010
P PU D-09-12-000023
Page 3 of 7
PROJECT DETAILS
Site Details and Access
The subject site is located on the north side of Northlake Boulevard just east of the
intersection of Northlake Boulevard and Congress Avenue, and is approximately 0.93
acres (see attached Location Map). The subject site has three (3) existing vehicular
access points; one from Northlake Boulevard, and two (2) cross access points that run
to Congress Avenue. The cross access is also used by the two (2) adjacent uses (Po/lo
Tropical and Walgreens).
Northlake Boulevard Overlay Zone
The subject parcel is within the Northlake Boulevard Overlay Zone (NBOZ). The NBOZ
was established to implement the objectives of the Northlake Boulevard Corridor
Conceptual Streetscape Plan. The NBOZ was adopted as a result of an agreement
between the City of Palm Beach Gardens, the Village of North Palm Beach, Town of
Lake Park and Palm Beach County. This agreement was established to improve the
corridor by unifying design and development themes, improving signage along the
corridor and redevelopment to improve the areas economic conditions. The subject
project has been designed to meet the architectural elements (building style, color
palette, height, entryway and other fa�ade features) set forth in the overlay.
Parkin
Additional parking is not required for the subject request.
Siqna.qe
The Applicant is proposing a monument sign to be located at the southern portion of the
property along Northlake Boulevard (see attached Sign Exhibit). Because the
monument sign regulations for the NBOZ are more restrictive than the City's sign code,
the NBOZ regulations were applied to the proposed monument sign. The sign requires
approval of two (2) waivers; one for the minimum parcel width, and a second for the
right-of-way (ROW) setback (see Waiver Requests section).
Landsca pin.q/Bufferin.q
The City's code requires that all approved PUD's landscape, irrigate, and maintain
improvements within adjacent and/or contiguous public rights-of-way (Section 78-324,
Roadway Beatification Plan). The Applicant has supplied the necessary landscaping
and irrigation for the right-of-way areas. The existing median is part of the Applicant's
maintenance responsibility, and does not contain landscaping material due to its narrow
width, and recent reconfiguration to include additional turn lanes. Conditions of
approval are proposed to ensure all maintenance obligations are enforceable.
The Applicant is proposing to add a landscaped area at the northwest corner of the site
to create a butterFly garden. The additional plant material exceeds the code
Meeting Date: September 14, 2010
PPUD-09-12-000023
Page 4 of 7
requirements and will create a place for employees and/or pedestrians to gather and
enjoy.
Draina.qe
No changes to the existing drainage are proposed with this petition.
Waiver Repuests
The Applicant is requesting three (3) waivers with this petition.
Code Section Requirement Proposal Waiver Staff$upport
& Discussion
1 78-154(g)(7), Table Minimum parcel 0.93 acres ���� Approval (1)
14 size of 1 acre acres
2 78-229, Table 5-6, 1 ground sign / 300 1 ground sign / 100 200 If Approval (2)
Ground/Monument If of street frontage If of street frontage
3 78-229, Table 5-6, 50' from interior 48' from interior 2 feet Approval (2)
Ground/Monument prop.lines prop.lines
1) The Applicant is requesting a waiver from City Code Section 78-154(g)(7), Table 14,
Development Area, to allow a 0.93 acre PUD site. The subject site is approximately
3,000 square feet short of the one (1) acre size requirement. The site received plat
approval in 2001, and therefore was an existing condition prior to the Applicant's
purchasing of the site. The PUD zoning encourages infill and redevelopment
opportunities to occur on the subject site. Staff is in support of the requested waiver.
2) The Applicant is requesting a waiver from City Code Section 78-229, Table 5-6,
Ground/Monument, to allow a monument sign identifying the subject parcel. The
code requires that a parcel possess 300 linear feet of street frontage to contain a
monument sign. Additionally, the sign is required to be set 50 feet from interior
property lines. The subject parcel has 100 linear feet of street frontage on Northlake
Boulevard. The sign is proposed to be about two (2) feet wide, and be located at the
middle of the parcel, providing a 50-foot setback and 48-foot setback on either side
of the sign. The monument sign will assist vehicular traffic in identifying the site's
principal entrance from Northlake Boulevard. The site's current wall sign is difficult
to view from a westbound direction on Northlake Boulevard due to existing trees on
the Jiffy Lube site. In addition, there are a number of other sites along Northlake
Boulevard with similar site conditions that have monument signs, such as Regions
Bank and McDonalds. The proposed monument sign will assist in giving visibility to
the subject site. Due to the above justification and additional landscape material
provided on site, staff is in support of the requested waiver.
Meeting Date: September 14, 2010
P P U D-09-12-000023
Page 5 of 7
CONSISTENCY WITH COMPREHENSIVE PLAN
It is staff's professional opinion that the proposed development is consistent with the
overall intent of the goals, objectives and policies of the City's Comprehensive Plan. An
example of some of the goals, objectives and policies, which are consistent with and
furthered by the proposed PUD, are listed below.
Future Land Use Element
Goal 1.1: Continue to ensure a high quality living environment through a mixture
of land uses that will maximize Palm Beach Gardens' Natural and Manmade
Resources while minimizing any threat to the health, safety, and welfare of the
City's citizens that is caused by incompatible land uses and environmental
degradation, by maintaining compatible land uses, which consider the intensities
and densities of land use activities, their relationship to surrounding properties
and the proper transition of land uses.
Objective 1.1.3: Maintain land development regulations to manage future growth
and development in a manner that provides needed facilities and services,
protects environmental resources, and encourages infill and redevelopment of
the eastern portion of the City.
Policy 1.1.3.4: the City shall maintain land development regulations which
provide for a Planned Unit Development (PUD) technique which shall implement
the following concepts:
a. The intent of the Planned Unit Development (PUD) is to ensure the desired
character of the community is furthered or enhanced on development sites
within the City, particularly on sites where the development proposed is
rather intense. Master plans for Planned Unit Developments include, at a
minimum, site plans showing all local roads and landscaping plans.
Supporting documentation is also to be included which indicates, at a
minimum, development phasing and a list of permitted uses for commercial
and industrial PUDs.
The site is consistent with the architectural elements of the NBOZ, and the desired
character of the Palm Beach Gardens community. Additionally, the subject site is
located within an established commercial corridor, which satisfies the City's objective to
encourage infill and redevelopment of properties within the eastern portion of the City,
and discourage urban sprawl.
Objective 1.1.4: Maintasn land development regulations containing standards and
provisions which encourage the elimination or reduction of uses inconsistent
Meeting Date: September 14, 2010
PPUD-09-12-000023
Page 6 of 7
with the City's character and future land uses.
Policy 1.1.4.1: Expansion or Replacement of Land uses which are inconsistent
with the Future Land Use Plan shall be prohibited.
The retail use is consistent with the zoning (CG-1) and future land use (C) designations
of the subject site.
Goal 1.2: Encourage development or redevelopment activities, while promoting
strong sense of community, and consistent quality of design; and do not threaten
existing neighborhood integrity and historic and environmental resources.
Objective 1.2.4: Direct Future growth, development and redevelopment to areas
as depicted on the Future Land Use Map, consistent with: sound planning
principles; minimal natural limitations; the goals, objectives, and policies
contained within this Comprehensive Plan; and the desired community character.
The Future Land Use Map has designated the subject site as Commercial (C). The site
has been designed with sound planning principles, which minimize any impacts on the
surrounding area. By utilizing a previously occupied site, the Applicant is inc�rporating
the desired redevelopment concepts. The site design also incorporates additional open
space (15 percent is required and 52 percent is proposed).
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On January 13, 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 PPUD-09-12-000023 with the following
conditions:
1. Prior to the issuance of the first sign permit associated with the subject petition, the
Applicant, successors, and assigns shall install the approved road shoulder
landscaping and irrigation along Northlake Boulevard from the eastern property
terminus to the western property terminus. (City Forester)
2. The Applicant, successors, and assigns shalf be responsible for maintenance of
landscaping and irrigation along Northlake Boulevard from the eastern property
terminus to the western property terminus for the road shoulder. (City Forester)
Meeting Date: September 14, 2010
PPUD-09-12-000023
Page7of7
3. The Applicant, successors, and assigns shall be respansible for maintenance of their
fair share of the median, from the eastern property terminus to the western property
terminus. (City Forester)
LOCATION MAP
AT&T Retail Store
3005 Northlake Boulevard
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AT&T Northlake Retail
Project Narrative
J u ly 23, 2010
Location, Historv. and Request
i•
•:. •
��
. .
Urban Planning and Design
Landscape Architecture
Communication Graphics
The subject property is 0.93 acres and is located on the north side of Northlake Boulevard,
approximately 500 feet east of the intersection of Congress Avenue and Northlake Boulevard. The site
was formerly known as the Costakos Commercial property and has been developed with a 3,869 sf,
building along with the associated parking and landscaping. The site has a site plan approval (SP-97-
08) which was approved by the Site Plan Appearance and Review Committee on January 12, 1999. For
the past several years, the building was not occupied and the property and landscaping had fallen into
disrepair.
The applicant, 3005 Northlake Boulevard, LLC, recently purchased the site and began the process of
improving the site for its new tenant, AT&T Mobility. On October 26, 2009, an Administrative
Amendment was granted for this site. The approval allowed for updated building colors, awnings and
extensive landscaping improvements. The addition of this new store, which opened recently, assists in
the city's efforts to revitalize the Northlake Boulevard corridor and to further improve economic
development. The resulting business has brought 20 new jobs to the City of Palm Beach Gardens.
Since opening, business at the new AT&T Mobility store has been sluggish. Thus, the applicant is
requesting approval to further upgrade and enhance the site's signage in an effort to allow the new
business to thrive and prosper. This application request is to allow the approval of a Planned Unit
Development Overlay District (PUD), along with requested waivers to allow for a monument sign for
the property. The AT&T store has two store entrances (on the north and south elevations) that lead to
two separate parking areas accessed by a total of three vehicular entrances to the site. In addition,
existing, mature landscaping are located directly east and west of the subject site, blocking the view
from Northlake Boulevard. The multiple access points to the site and the building, in addition to the
adjacent mature landscaping, require additional signage in order to "facilitate an easy and pleasant
communication between people and their environment" as required by the City Sign Code and allow
motorists to safely access the site without creating additional U-Turns on Northlake Boulevard.
Land Use and Zonin�
�/,r .: �� GOr1y ''�
The current zoning of the property is CG1- General Commerc�al, and the Future Land Use Plan ��ni� �Q�� �
Designation is GCommercial. This site was recently included in the � 1 �,�, "
City initiated correction of inconsistent Future Land Use Plan ���°���;c�����G
designations in the last round of Comprehensive Plan Map updates. 'e�� ��
Please see following a table of adjacent uses and Future Land Use 477 S. RosemaryAvenue �"'��°- °�'
Plan designations for the surrounding properties. Suite 225 - The Lofts at CityP�ace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
Existing Use Zoning Future Land Use
Subject Property:
3869 SF Building (AT&T) CG1— General Commercial Commercial
To fhe East:
Jiffy Lube (Palm Beach Coj CG- Commercial CH/8 - Commercial
To the West:
Pollo Tropical Restaurant (PBG) CG1- General Commercial Commercial
To ihe North:
Vacant (Previously Hilltop MHP) CG1— Genera) Commercial Commercial
(PBG)
To the South:
Northlake Blvd./Target Center M1-industrial Commercial
(PBG)
Non-Conformin� Lot
The current site area does not meet the minimum requirements for a lot in the CG1 District, however,
the subdivision of the lot was done prior to the adoption of the current code requirements and is
therefore considered a valid non-conformity. The previous subdivision is similar to the smaller
commercial areas located east of the site along Northlake Boulevard. Development approvals
previously granted meet all applicable code requirements.
Traffic Concurrencv
Based on the traffic concurrency letter dated July 21, 1997, from Assistant City Engineer Tammy
Jacobs, this project's traffic concurrency is vested.
Site Analvsis and Consistencv with Citv Code
Site Analysis:
Northlake Retail
Comparison (per Allowed Allowed under Proposed Compliance Waiver
code unless under CG-1 NBOZ (Central Requested
otherwise District)
noted)
Minimum PUD 15% Min 15% min. 52% yes
Open Space landscape area
Minimum PUD 1 acre 1 acre .93 acre no yes
Development
Size
Minimum Site 1 acre N/A .93 acre Valid Non-
Area Conforming
lot
Minimum None N/A 3869 sf Yes
Building Site Existing Bldg
2
Area
Minimum Lot 100' N/A 100' Yes
Width
Maximum 35% N/A 10% Yes
Building Lot
Coverage
Maximum Height 36' S5' 20' Yes
Limit
Setbacks
Front 50' 30' 73' Yes
(North/ake Blvd)
Side 15' 20' 15' Yes
Side Facing 40' 40' N/A Yes
Street
Rear 15' 25' 241' Yes
Parking
Number 1 sp per 250 sf N/A 21 Yes
Required (16)
Spaces in 10% allowed N/A 5 Existing,
excess of (2 previously
required additional approved
spaces)
Stall 10 feet x 18.5 N/A 10' X 18.5' Yes
Dimensions feet
Loading Spaces 1 space N/A 1 space Yes
Ground Signs
Number 1 for 300 feet 1 for 300 feet of 1 with 100' of No Yes
Allowed of ROW ROW frontage,+ ROW frontage
frontage, + 1 1 per additional
per 700 feet of
additiona1700 ROW frontage
feet
ROW frontage
Setbacks 15 feet-from 5' from ROW 15' from ROW No Yes
ROW line line, 50 feet — line, 50' from
50 feet-side side property W property
property line line, 48' from
Line E property
line
Dimensions 15 ft 8 ft max height 8 ft in height, Yes
length/10 ft in Central Dist., 8 ft in width
height Sign face 36 sf
maximum, 60
square
feet face area
�?
maximum
Landscaping
Points 1,685 N/A 2,851 Yes
PROJECT DETAILS
Access/Circulation/Pedestrian Connectivitv
Primary access to the site is through a curb cut on Northlake Boulevard, however, there are secondary
access points which provide access to the site from cross-access drives located in front (south) and to
the rear (north) of the Waigreens and Pollo Tropical. A driveway provides access from the front of the
property to the rear. Pedestrian access from Northlake Blvd. through the site and to the rear parking
lot was provided as part of the Site Plan approval in 1999.
Architectural Stvle
The architectural style of the building is consistent with the requirements of the Northlake Blvd.
Overlay District. There are no proposed modifications to the architectural style or color of the building
as part of this application.
Li�htin�
Lighting was provided as part of the site plan approval in 1999. No changes are being proposed to the
lighting plan as part of this application.
Utilities
All utilities are existing and no changes are being proposed as part of this application. The site is
currently being serviced by an existing lift station.
Parkin�
The existing parking configuration was approved as part of the 1999 Site Plan approval. The current
code requires 1 space per 250 square feet of floor area, or 16 spaces. 21 parking spaces have been
provided. One loading space is provided and one handicap space is provided.
Si�na�e
This application includes a request for a monument ground sign for the project because the existing,
mature landscaping to the east and west of the subject site block the view of the AT&T building and its
signage from Northlake Boulevard. The applicant is requesting a waiver to allow a monument ground
sign with less than 300' frontage and a two-foot waiver from the side sign setback of 50 feet. Please
see the waiver request below for more details.
Draina�e
Drainage and legal positive outfall for the site was addressed at the time of the Site Plan approval, and
is provided through access to the C-17 canal via the Northlake Boulevard/Congress Ave. drainage
system.
Landscapin� and Buffers
�
Considerable improvements to the site's landscaping have been made to the site during the past six
months. An additional landscape buffer around the lift station located on the property has been
provided. In addition, the building foundation landscaping has been recently upgraded. It should be
noted that the existing landscaping plan nearly doubles the amount of required landscaping points
(1,685 required, 2,851 provided) and 79% of the landscaping consist of preferred species.
The amount of landscaping points has increased with each application to the City. Below is a chart
outlining this increase:
Approval
Required by Landscape Code
1999 Site Plan Approval
2009 Administrative Approval
2010 PUD application (current plan)
Landscape Points
1,685
2,440
2, 851
3,812
In addition, the landscape plan incorporates water-saving practices, which is encouraged by the City's
Comprehensive Plan. The site is using drip irrigation. All invasive species have been removed from the
site.
Waivers
The general purpose and intent for the creation of the Planned Unit Development Overlay District
(PUD) was to establish an overlay zoning designation that would "encourage more efficient and
creative development or re-development of property; to encourage an economical and efficient
arrangement of buildings; to provide maximum opportunity for application of innovative concepts of
development in the creation of aesthetically pleasing living, shopping and working environments on
properties of adequate size shape and location...and to ensure that development occurs according to
limitations of use, design, density, coverage, and planning as stipulated in an approved development
plan." As a result of these concepts, the PUD Overlay District was created as a flexible zoning district
that is intended to allow for deviations from the standard Land Development Regulations. Deviations
are accommodated through the Waiver approval process. The granting of waivers allows innovative
and creative design solutions and alternatives to be realized in a way that is intended to be a benefit to
the city.
We believe that the design of this project is consistent with previously approved projects in the
City, is consistent with the intent and purpose of the Planned Unit Development Overlay District
regulations, and is consistent with comparable development standards within other communities.
For these reasons we feel the requested waivers should be approved and respectfully request your
support.
Because of the existing non-conforming status of the property, the maturity of the landscaping around
the site, and the position of the building on the property relative to neighboring buildings, it has
become necessary for the applicant to request waivers to allow signage to provide clear, safe and
effective communication with the public. This application includes a request to allow a ground sign
��
along Northlake Boulevard. The requested sign will assist in the ability of the public to find the site
from each direction along Northlake Boulevard. Waivers also have been added to address some
existing conditions with the site. The following are the requested waivers.
Minimum Site Area for a PUD — Section 78-154
Section 78-154 of the City's Land Development Regulations requires the minimum size for a Planned
Unit Development of one acre. The subject site is 0.93 acres in size. The subdivision of the subject lot
was done prior ta the adoption of the current code requirements. The size of the property is consistent
with the smaller commercial properties to the east of the subject site along Northlake Boulevard.
Development approvals previously granted met all applicable code requirements at the time of
approval. The fact that the site is approximately 3,000 square feet short of the PUD site requirement
does not create any adverse affects for the site and does not prevent the applicant from using creative
and innovative design techniques, as called for in the City's PUD regulations, to revitalize the property.
The foilowing is the analysis on how the requested waiver complies with the City's waiver criteria:
(1) The request is consistent with the city's comprehensive plan.
The size of the subject parcel, which is about 3,000 square feet short of the arbitrary limit of one acre
for PUDs, does not conflict with the City's Comprehensive Plan. In fact, the redevelopment and
revitalization of the subject site is consistent with the City's Future Land Use Element and, in particular,
Objective 1.1.3., which states, "Maintain land development regulations to manage future growth and
development in a manner that provides needed facilities and services, protects environmental
resources, and encourages infill and redevelopment of the eastern portion of the City" (emphasis
added). This application and the redevelopment of this site, along the eastern boundary of the City,
are consistent with the City's Comprehensive Plan.
(2) The request is consistent with the purpose and intent of this section.
The purpose and intent of Section 78-158, Waivers to planned development district requirements, is to
encourage projects that "innovate, creative and utilize planning, design, and architectural concepts
that will be a benefit to the City." The redevelopment of the site from a vacant building, with poorly
maintained landscaping, and plagued by vandalism to a revitalized building with a national tenant and
a new, lush, landscaping palette provides the innovative benefit to the City. This waiver for a reduced
site size for this PUD allows for this redevelopment.
(3) The request is in support of and furthers the city's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense of place.
The requested waiver allows for the site to be considered as a PUD. As a PUD, the subject site will be
able to use a variety of design techniques to create a project which is beneficial to the City. These
improvements include providing more than double the required amount of landscaping, improved
architectural elevations, more efficient landscape irrigation methods, and the addition of 20 new jobs
within the City.
(4) The request demonstrates that granting of the waiver will result in a development that exceeds
one or more of the minimum requirements for PUDs.
�
As stated above, the waiver for the slightly reduced size of the PUD site allows for other improvements
within the site which exceed the code requirements. The landscaping plan submitted provides more
than double the required landscaping points. In addition, the site features more than three times the
amount of required open space.
(5) The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
As stated above, the site exceeds the City's minimum standards in a variety of areas, such as
landscaping points, open space, lot coverage, and vehicular connections. In addition, the revitalization
of the site has resulted in 20 new jobs within the City,
(6) The request demonstrates that granting of the waiver v�rill result in preservation of valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas, and
coastal areas.
This criterion does not apply as there are no environmentally-sensitive lands, recharge areas or coastal
areas associated with this site. It should be noted that the landscaping is being irrigated through a drip
irrigation process which greatly reduces the amount of irrigation water being lost to evaporation and
preserves water resources.
(7) The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the
project boundaries, preservation of important natural resources, and use of desirable architectural,
building, and site design techniques.
The requested waiver for a reduced site size allows for this project to be considered as a PUD. As a
PUD, the City has the opportunity to negotiate with the landowner in order to develop the best plan
for the site and for the City. Without the PUD, the applicant's only requirement is to meet the code
requirement. With a PUD, there are incentives to exceed the code requirements in order to provide
justification for any waivers needed. This waiver allows for a PUD designation and the incentives that
are included with that designation.
(8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The requested waiver to allow for a smaller than the code required one acre PUD site does not cause
any adverse impacts to adjacent properties. The requested waiver does not affect the site's
commercial use or add any additional impact to the site. Additional landscaping is proposed
throughout the site to bring the former vacant building up to and exceeding the City's landscape
requirements.
(9) The request is not based solely or predominantly on economic reasons.
The request for a waiver to allow for a smaller PUD size is not based on any economic reason. The
applicant has already spent thousands of dollars revitalizing this site and is currently seeking
permission from the City to spend thousands more to continue to improve the site. The reason for the
requested waiver is not economic.
�
(10) The request will be compatible with existing and potential land uses adjacent to the
development site.
There is no change in the commercial use of this property associated with this waiver request or with
the PUD application. As such, the request is compatible with the surrounding land uses.
(11) The request demonstrates the development will be in harmony with the general purpose and
intent of this section, and that such waiver or waivers will not be injurious to the area involved or
otherwise detrimental to the public health, safety, and welfare.
The request for a reduced PUD site size allows the City more input in the design of the subject site,
which is beneficial for the City. Also, as stated above, the applicant has more than doubled the
required amount of landscape points and open space associated with the site.
Monument Sign — Minimum Frontage Requirement and Side Yard Setback — Section 78-285
Section 78-285, Table 24, of the City's LDRs require a minimum of 300 linear feet of frontage for the
placement of a monument sign. The table also requires that any monument sign be located 50 feet
from any side property line. The applicant is seeking approval waivers from these two standards. As
previously noted, the subject site has 100 linear feet of frontage along Northlake Boulevard. Also,
because of the limited width of the subject site, the monument sign will be 48 feet from the adjacent
(eastern) property line and municipal boundary. The main access point to the site is from Northlake
Boulevard. However, secondary entrances to the sit� are accessed through an access drive connecting
Congress Avenue to the northern portion of the site and another connection to the southern portion of
the adjacent Pollo Tropical restaurant parking lot. The monument sign is requested because the
signage is needed to help facilitate an "easy and pleasant communication" with motorists.
This waiver request is necessary as the large, beautiful trees along the subject site's eastern boundary
on the Jiffy Lube site blocks the view of the AT&T store. Without the proposed monument sign,
motorists traveling west along Northlake Boulevard will miss the only Northlake Boulevard entrance to
the site. Because of this, motorists passing the store going west have to double-back or make a U-Turn
to access the site. A monument sign will allow motorists to safely identify the site's sole entrance from
Northlake Boulevard.
In addition, eastbound traffic on Northlake Boulevard will need to turn north (left) onto Congress
Avenue in order to enter the access drive to the rear of the AT&T store. This monument sign will alert
motorists of the upcoming store from the Northlake Boulevard and Congress Avenue intersection. This
request will result in safer traffic movements along Northlake Boulevard.
The proposed monument sign will be set back 15 feet from Northlake Boulevard, which is the
consistent with City Code. The sign is 8 feet in height which is 20% less than what allowed under the
City's Code (10 feet). The requested monument sign is consistent with the upgrades being made to
the entire site. The proposed monument is consistent in color and style with the updated store
building colors. In addition, landscaping along the Northlake Boulevard frontage has been updated and
enhanced. The site contains more than 3 times the amount of open space required for a commercial
property within the City.
The following is the analysis on how the requested waiver complies with the City's waiver criteria:
�
(1) The request is consistent with the city's comprehensive plan.
Policy 1.1.3.1. of the City's Future Land Use Element requires regulation of signage within the City. ThE
purpose and intent of the City's Sign Code in enforcing this policy is "to facilitate an easy and pleasant
communication between people and their environment." The applicant is seeking this waiver to allow
this "easy and pleasant communication" Because of the mature trees and landscaping on east and
west sides of the subject site, this communication is hampered or lost. The loss of this communication
between the motorist and the use may cause motorists to double-back on Northlake Boulevard after
they had passed the store. These additional turning movements can cause further congestion and
safety issues for motorists on Northlake Boulevard.
(2) The request is consistent with #he purpose and intent of this section.
The purpose and intent of Section 78-158, Waivers to planned development district requirements, is to
encourage projects that "innovate, creative and utilize planning, design, and architectural concepts
that will be a benefit to the City." The request for a waiver to allow for a monument sign for the
project will allow for an easier and safer access to tfie site. This action will support the redevelopment
efforts on-going at the site.
(3) The request is in support of and furthers the city's goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense of place.
The requested ability to provide a monument sign will greatly enhance the ability for the current
tenant, AT&T, to continue its operations. The City, through its policies within the Future Land Use
element and the Economic Development Element of its Comprehensive Plan, encourages the creation
of new jobs and the retention of businesses. In addition Goal 1.2 of the Future Land Use element
encourages redevelopment, such as the revitalization which continues on the subject site.
The AT&T Mobility store on the subject site opened in November bringing 20 new jobs to the City.
Since that time, AT&T employees have reported that customers have had trouble finding the store
and often have to make U-turns or travel through adjacent sites to visit the store. A monument sign
will help facilitate an easier and safer access to the subject site which will allow the existing business
to prosper.
(4) The request demonstrates that granting of the waiver will result in a development that exceeds
one or more of the minimum requirements for PUDs.
The requested PUD exceeds the code by providing three times the required amount of open space and
less than one-third of the maximum lot coverage allowed. As stated previously, the subject site will
provide more than double the required amount of landscaping.
(5) The request for one or more waivers results from innovative design in which other minimum
standards are exceeded.
The requested waiver to allow a monument sign for the property will assist motorists in finding and
accessing the site in an efficient and safe manner. The subject site already enjoys many of the desired
design features, such as having the preponderance of parking to the rear of the building and having
�
multiple vehicular connections to adjacent properties. Monument signage is also needed because of
the large, existing trees which shield much of the building from Northlake Boulevard.
(6) The request demonstrates that granting of the waiver will result in preservation of valuable
natural resources, including environmentally-sensitive lands, drainage and recharge areas, and
coastal areas.
As the project is the redevelopment of an infill site, there are no natural resources on the site.
However, the reuse of the vacant building within the eastern portion of the City is an anti-sprawl
measure. The reuse and redevelopment of infill site allows for a more efficient development pattern in
the City and reduces development pressures on undeveloped areas where natural resources may be
present.
(7) The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the
project boundaries, preservation of important natural resources, and use of desirable architectural,
building, and site design techniques.
As described above, the requested waiver to allow for a monument sign will allow for motorists to
safely access the site. The redevelopment and reuse of the existing building, rather than tearing down
and rebuilding a new structure, creates less impact on municipal services. The building has been
architecturally upgraded with more attractive colors and new awnings.
(8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from
adverse impacts caused by a waiver.
The requested waiver to allow for the monument sign will feature landscaping which will meet and
exceed code requirements. It should be noted that the proposed monument sign is only eight feet in
height, which is 20% less than what is allowed by the City's Sign Code.
(9) The request is not based solely or predominantly on economic reasons.
The reason for the request is to facilitate an easy and pleasant communication between passing
motorists and their environment that will direct motorist into safely accessing the site.
(10) The request will be compatible with existing and potential land uses adjacent to the
development site.
The subject site is located along Northlake Boulevard, which is a heavily-used, automobile-oriented
commercial corridor with many monument signs of many shapes and sizes. The addition of the
requested monument sign is compatible with the existing and potential land uses and its design will
enhance the aesthetics of the corridor.
(11) The request demonstrates the development will be in harmony with the general purpose and
intent of this section, and that such waiver or waivers will not be injurious to the area involved or
otherwise detrimental to the public health, safety, and welfare.
The provision of a monument sign will help direct motorists to safely access the site without making a
U-turn on the busy Northlake Boulevard, where more than 40,000 cars travel daily. The proposed
signage is harmonious with the architecture of the site and is consistent with the activities along
Northlake Boulevard.
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_ ._. _., �.�� i .
. .....,,..�,w -
LOCATION MAP
� T .��. as ..
� i' s..n �. ..,..�-r ..
SITE _ �,:
� i s � � `yr._M..n. ' n i.
r� � � <
_ - a
�i v., x. � i .. 't, �
Zoning: M-1
LUP; Commerdal
Use: Target
I
I
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W
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ULTIMATE R-O-W
CENTERLINE
o '�
15'SEACOAST
EASEMENT
ORB 8827 PG 1299
25LAN�SCAPE
eUFFER
58'-71' —
PROPOSEO
MONUMENT SIGN-
B�hlgh X e long X 6 a
10' DRAINAGE EASEMENT
PER O.R.B. 70274 PG 994
5' UTILIN EASEMENT
PER O.R.B.8834 PG 857
I
J�
��� 4
{? �
SIGN
Zaning - CGt
LUP - Commer�ca
Use: Pdlo Tropl I
� 85'-0' —
EXISTING CURBS
� S(1in35'it�'�(�
BICYCLE
RACK
I I 1 STORYBUILDING-3869SF
5 ib k t s�g '7 SEC 18, TNSHP 425, R 43E
'�` a
�g qy �� o a ZONING: CG-1
„.,.,. -.
30R .. * � LAND USE: COMMERCIAL
�- OP SIGN EXISTING DIRECTIONAL SIGN
OP BAR '
3'R 5'6"R
`0.curb Typ.
i I < _.. . ' __ .__ .
: � -. N ._ +�— . " -' _ -
_.... 1'� ,_... I -... , . :: , i _... I E . _., ..... _.
NOTES
. ALL HANDICAP ACCESSIBIE RAMPS SHALL MEET ALL APPl1CABLE
LOCAL, REGIONAL, STATE, AN� FEDERAL ACCESSIBILITtiY
GUIDELINES ANO REGIILATIONS. ANY MOpIFICAT%1NS SHALL BE
APPROVED BY THE ENGINEER-0FJiEGORD,
. BOU�'�PRY �I�/.E�i510N5 NOTEOON PInH PftOVI�E� Bv SURVEYOR
D AREAS Y.TTHIN 150' OF THIS SRE ARE ZO\'ED AM1D HAVE A FlfiUftE
• LA�D USE �ESIGNATION AS �'OTED Ou PUVN.
• senconsr unurv nurHOai�v w� «ae mE souncE oF vorna�E wn,ER
ANO SPhIiARY SRYER SEftVICE
ALL STO? BARS ROM.YAY SIG,`IAGF CftO55 WALKS SNAIL BE LOCATED OV
THE EM1GI.vEERI\G aNtuS nH0 TO BE CEft* F EO BY THE PROJECT
S�GI`IEER
• EEEhGINEER�GPlANSFORALLCURBDETAI�S PAVEROEfAILShND
RonosuaFncEOerais.
En�.EHr�nnaKncnnos*aici.vic excwoi�ccnaKiHCSruis
SHNLL 2E �STPLLE� WIiH THERNOPlASTIC MATERNL5IY ACCOft�HNCE
r sECrov�aa+a�na�soaacrcPnvERSOCnPCROVaw,E
KOLORSHALLBEUSEDONPAVERBWCKARE�S I,YLIEIIOFPAVTOR
THERMOPLASiIC MATERWI.'
u cuw+s srvo�.vH naE *vvE v� uniESS o*xeRwisE rvorEO.
• UTILIN AI:� ORAI�.VAGE EASEIl.ENTS FRE IV HCCORDFNCE 1YRH THE
RECOR�EO PIAT UNLESS KOTEO.
ui cuae aawi nae a un�ESS orHEavnse �.�oiEO.
suaaoun�oinc i,�FOar.wrwu is Foa ixFORnwnorva� auaaosES ov�v.
NEIiHER VERTICHL CONSTRUCTIOtJ NOR PLANTINGS SHALL BE PERM1VTiED
NRHI.� NuY OftNNhGE FASE��ErvTS.
SITE DATA
Pelltlon Na. PPUD-09-12-000023
Zaning E�Isting: CG-1
Zoning Proposed: PUD
Land Use E�dstlng: Commercial
Secllon,TOwnship, Range: 18,42S,43E
Total SI[e Area: .93 AC. (100%)
Proposed Use : RetaN/COmmerdal
A1ax. BuJding Height/q of Stones: 36' / 2 Stories
He ht 25' / 1 Sto
Exlsting Building ig ry
Gross Floor Area: 3,869 SF
Lot Coverage permltted: .325 AC. (JS% )
Proposed. .089 AC. (107)
Open Space Requlred: .140 AC. (15°h)
Proposed: .485 AC. (52 % )
Pervl0u5 Area: .485 AC. (52 % )
Imperv'wus Area: .353 AC. (38 % )
Retention Requlrea: .08 AC.
Propased: .OS AC.
Parking Requlred: 16 SP
ng ro tle �io�.iea��: 2� SP
Handlcap Spaces Required: 1 SP
Handlcap Spaces ProNded: 1 SP
Loading Spaces Required: 1 SP
Loading Spaces ProNded: 1 SP
BicyGe Parking ReqWred: 1 SP
Provided: t SP
ki I da�
STUDIOS
Urban Planning & Deslgn
Landscape Architecture
Communication Graphics
The Lofts at City Place
477 S. Rosemary Ave., Sulte 225
West Palm eeach, FL 33401
P 561366-7100
F 5 61 36 6-1 7 11
www.udkstudios.com
Gopyrl9ht
ui me,s, aes�ns :�aemam:, ana w.�
repreeented by Mis tlrawing are owned by s
a�,d me n,aaam m me eesia�e,, :�e.,a�
P.a�aa m� me �x�m.i� �se or m..eadnea
�ol•<� rn.b. m.as, a.:is��,:r.a�q«�.�a
or plans aM1aX nol be ucetl by, o� tllcGO[atl
to any pnan, flrm, or corporatlon wl��oul
ne w�IHSn permlcslon of lM1e eeclgirer.
Data: 10.M.09
PrycclNa.: 09-05I.OW
�eslgnatl By: SM
�rawn By: SM
C�eckeE By: AB
Submlttal�a�e¢: CommeMn
12.1).09
031010 - Addnna CIN Commenlz
0] 3210 � Atltlress Cl�v GommenU
EXISTING 24'
EASEMENT �
EXI�RB
� 3'R !�`.
18"R 3R � ADJACENT �� LL
STOP SIGN, NO LEFT SIGN ' �+! �
STOPBAR . y' I ■� N
i
�_MATCH EXISTING FENCEWALL�I E7(ISTING 6' FENCEWALL � �
� � � � � �
—��8' LANDSCAPE BlIFFER ' L
,..._(; ...........y�`-.12,. ., �:�::.. . . °' �. , 1�
�
_.._ _ . �. � �—i. ; , se��°a=t @
> �
� ADAA cesibl a� STOPSIGN � � .w�; ��� I,� � Eayemen � g
� Entran�u and � N� STOP BAR O I'� I � �
I; '.. I � �% 2
U.G.
&
�ER
� - Wa'
I, EX
I� : LIFT
, i. CWITH
� .. �- � � '� . � . � (% $
3ft "� I 1 � � M �
I I J LY �
� 24 -� EXISi1NG � .T` � �
MPSTER
]'40y' 7-10y2' ENCLOSURE I I � za'ng-CG1 •v
N . i LUP • Commerdal �
New D curb typ RETENTION AREA I I m Use Vacant � � �
�3 lo ba exlentled � �- � d --' --' 1 a � i
NP� I �,U I � 4� � �
_._._. . . � � � a
' _ _._-'.� z �
_ _ _._ _'_ _'_ _ _ _ '._'_ _'_ Ig i O � Qi
I $
I O � I � ��/�
� � � � �� 3_.- . .J � U V! �
� EXISTINGb' FENCEWALL,
' ° � � ° �
1° M1IANMA.DE M11ATERIAL
� , __.�� __.. _ :.�. . _ ._.H.s _. ..,.._ �..,.,. .,..,._.. _ . _. . .__.._ . _.y, r , � � � . ' I - . ._ _ __ ,,. .. � ... _ ... �0'AWIDFx6'HICHAINLINK
�... ..... ....... ........ ....... ........ .. . ,. .. . (���G�� 1 °-' � 15' L4NDSCAPE BUFFER _ � . � . ... ..� " � � � � GATE WITH DARK GREEN
�p a""........ 1 . .. _ .. :F4�J j- � ..,- -� t �_., m _ : ..,� VINYLCOATING
m � .,
N01D35'it"E407.0' ?G t._. _ ....... �....,. _ _�.,.�..._.T_. .._:. ....,. ...,,.,. ..___ , ___ _.. �`'�"
p .��4� . � ' P p sed Picnic Beneh 28'tASEMEN7 � U
u�ae��,ees � � , G��;;;,
EXISTING FENCEWALL �*
� Existing 4' Fenca Ews q� g6 Fence zisting 6' FENCE I I ,�� �jv� NORTH
�, (wllh green WnN covering) ' (withIg en W�yl covering and (with green vinyl covering and � f��, �lcL�
'� opaq i �e slats where ad7acant opaque slats whare atlJacent �� l `� ��`�'✓
i� ro residentlap � -� �
I� O tore�laentlap ._ �, � � 10���
; � � .,
� zo�m9 - cc o,,..., �„„ z Z Zoning - RH o. ,_, �, F'����� A� Scale: 1" = 20'-0"
LUP - GH/8 Q a se: A op MobNe � .� �� a�
Use: Jiffy Lube— � Homa Park - . '� . C D_�
�90'� V r
of 1
PLANT LIST:
�
� II I € � � �
"'.'� --fc'e_.
� �� ^ �j�q ... - ' _ �: 1\d_ •
� m �•���� ,:? :'::;- -:__.00 ////%%�#��
. ��,,,,,
-����; ;:.,�., : _ 1 �
� ;o•a;o ��'�•�p:;tuii�; 000--
4q�i ♦♦ ♦�.e.�� ',� 0
�;qo,a ♦�9��it��5�f i �
u,,�,o,�r ♦�����r.� �
♦♦ ♦( �iu
a� �, ,.�. , ��,;.,� �„�% m .�.
i�� �r�ii'o �� ��i �� � 0
�;u;q �♦ ♦� w� ir L�i
� ��'ii'i� �����i�� �� i u%\I` � np�
u � •�ro a�i�F��< � � I\\ °S'+�� ii°oii
�'o'b i�������� � n�( v iinn
1�,11,<( �1♦ ♦ � � 11 ���)
1( �����p���
1�11�1��.� ♦���♦ t`!111!V!' � ii01
,�„"( ,���� ���( II�IUj:.j� � a�i �h�i
♦�A�� :.i�'�:i
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• �}i;1i;1�, ������� iili�i�i j � i��i�
;, �„ �-. •.. �:��� ;: - a.,
,� �. ..► m .;; ,
� ;::;�i s:�; ❖"1�;�dni �iiix ,
�„J� . .
. 5;;:•,,y;,�47_ m J ►
'��. ..s.. , ., --
� AO. ��:d�,:;..:o;&s�ao'o;,.��� 1��0�
uu_�;o.. - �d
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m
••�•� � �� "v m
• �� e � 0
�LJ
"ap
�^,#ye�u�,���a.o,ao.:—.�o,e,Mo�oo��oa`u,00usao�
.3�:,c:._�naeneeeuie„ e'seaee�io��oi�oebbu'
m �' v r
� ��
�%
1 STORV BUILDING - 3869 SF
SEC 18, TNSHP 425, R 43E
PLANTLEGEND
TREES:
�INE OAK- �uercus airgiMaew
�( ) LIGUSTRUM�LIguswm7apoMcum
\D/
� CRAPE MYRTLE - La9eavcerMa Intllca
� t �) OLEANOER•Nerl�moMantla�'CtlyOso'
�4�
PALMS:
� AIEXA�'DERPALM-Pp�chos�ermaekgans
� FISHTAILPALM-Ceryolamhk
EXISTING TREES:
OLNEOAK-QuercvavkglMa�v
� SABALPALM•Sahalpalmetto
I awnes, ryp.
• Points Required - 1,757 Points �basea o�asi o��soa�e�
• Points Provided - 3,688.1 Points
• Preferred Species - 79% (' Indkates NoMlake OveAay Prefened Spedas) B u tte rf I y G a rd e n D eta i
• Hedges and Shrubs Native/Drought Toterant per SFWMD - 63 %
• Sod Area is 6.814 SF or 37 % of Landscape Area
___ . ..,: . � ._. ..._
-- --- - -
NO
� .. _. �_.. _f 9 . _..
EXISTING FENCEWAIL �
Exisllng 4' Penca �
(wlth green vinyl coverfng)
Zoning - CG o.,,a..,��..n
LUP - CH/8
Use: Jiffy Lube
and
�
� �
WITH
-` LI(IS�albn
Ezlstlng 6' Fence
(�wlth'ge sen vinyl covering and
paq lats Where adfac¢nt
to re Identlal�
oQ i
� i
�
�
� I � I� s�narey
EXISTING
Scale: 1 "=5'-0"
LNE OAK TO '
EXISTING SOD �&;
-- PLANTINGST�
TO REMAIN ;I ,
REiENTION AREA �
� 20
� � _s�E
� EasaR
3 EXISTING UVE OAKS Tp REMAI
40' SUA �wl '+ ' i' �
... . . .. . ...
����� � .� �� Easemem
�/
.. � �... _ .. . _ ... ,_ ... _
_. � .. .. .. . -::.,,- _ .__
15'LANDSCAPEBUFFER
...... ..... . ... . .... ....
.. . . .. .....
. .: 3 - - 5_. _. . .. __. . .. .... ......... .... .
,. � � �. ' P p etl PI 1 Bench . ..... . i,..Ze,
� undertrees 0 '
83
�stlng 6' FV NCE I
(wlth green Inyl cavering and
opaque slats where adjacent
lo re5ltlentlal)
Zoning . RH :...�.,. �..,
LUP- HR-12
Use: Hltltop MabNe
Home Park
+
LOCATION MAP ����
�;A ..,. §- �_�, , �: c�sign
.
pMor[M1PalmBeaan e~ k� I da
� c »q Yg a, ..„ _
°m � - STUDIOS�
� `���w�„� � - Urban Planning 8 Deslgn
° p "'^ �'s' � ' s � Landscape Architecture
`� ; ';r�"' }�,,,;•�„',,, � � Communication Graphics
_ � aC
m '` ";a The Lofts at qty Place
�� '� '� 47T S. Rosemary Ave., Sulte 225
. West Palm Beach, FL 33401
�"�r.°`0.�' i:tevaex P 561•366•1100
� ,,, � F 5 61 38 6-111 7
- „ - www.udkstudios.com
4 GoPYr19M1f
� � .,.. �3 _ _ � .� Allltleas tleslgns anangementeoantlplaiu
— repreaented by Nls tlraMnB are wned by
am me v�oaem o� me aasia�e., .�a w.re
'/' �+ .eatetl br Me eaclualve uae oftM1e sp<clfleC
N� / EJ. a.al.«.rn.�.mans,m.is�.,:R:�s«�.�a
o, wa�c.nan �o� ce �.:a ev, o. m:aosea
eny qrnon, flrm, or corpontlon xltM1OUI
iM1e wMHan pam4cslon of IM Mslgmr.
I) PLANT SELECTIONS A1AV CHANGE BASED UPON AVAILABILITY OF MATERIAL AND
SPECIFIC SI �E CONDITIONS AND IS NOT LIMITED TO THE PIANT SPECIES LISTED oata: 11.19.09
ABOVE. MINIMUA9 QUANTINAND NATIVE REQUIREMENTS WILL S71LL BE MET. ANV p,o�an No.: osoas.aoi
SUBSTITUTION OF PLANT SPECIES REQUIRES CITY OF PALM BEACH GARDENS o.eis�� ey: sM
APPROVAI.
o�a�.,�ey: nc
2) AlL PLAM MATERIAL WILL CONFORM TO ARTICLE V. SECTION 162 OF PALM BEACH ChackM By: JB
GAftDENSLANO�EVELOPMENTREQUIREMENTS.PLANTINGAREASSHALLBE SubminalDataa:commenta
E�UIPPED NJITH A FULLY AUTOM1IATIC IRRIGATION SVSTEM WITH 700%- PLANT
MATERIAI COVER4GE AND A RAIN SENSOR. ����s��
12.1].09
3) ALL IRRIGATION IS EXISTING. o3.sx.10 Aadran qrv commenm
0].22.10 Atltlreca Ciiv Commanis
4) ALLTREES �N� LANDSCAPING WILL BE FIELD LOCATED TO AVOID CONFLICT WITH os25.�o s.acoastComm.�ts
THE EXISTING AND PROPOSED UTILITIES, LIGHT POLES, AN� DRAINAGE LINES.
5) ALL LANDSCAPE MATERIAL TO BE PEST, WEED, AN� DISEASE FREE.
NG 6' FENCEWALL
3 EXISTING LIVE OAKS
TO REMAIN IN BUFFER
I � Zoning-CG-1
W P - Commercial
I Use: Vacant
� -- --_ _ .
/EXISTING.6' FENCEWAIL,
/ MANMriDE MATERIAL
{vAFTCH ADJACENT
�� ��10' WIOEx6'HI CHAIN LWK
� GATE WITH DARK GREEN
VINYL COATING
�-- 5 EXISTING 4VE OAKS
TO REMAIN IN BUFFER
,� �
iv'L �ii-'� ti
- 1
1 �����5li`� ='
�
�
■� f/1
C
f^+� �
W ,�^
� v F
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Planning, Zoning and Appeals Board
September 14, 2010
S u b' ect Re u est
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• Rezoning from General Commercial (CG 1) to
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• Monument Sign
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o Updated building colors
o Addition of awnings
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• Current Zoning: General Commercial (CG1)
Future Land Use: Commercial (C)
• Located in NBOZ
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Staff reca�r�r�ends approval of petition
PPUD-09-12-000023 and three (3) waivers.
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• Request to continue the redevelopment efforts for the site through
the PUD process.
• Request to make the following improvements to the site:
— Add a monument sign along Northlake Boulevard.
— Add additional landscaping to more than double the required landscaping points.
— Install butterfly garden.
• Waivers requested:
— Size of PUD.
— Monument sign frontage and setback.
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• Site Plan approved for commercial building in 1999.
• For the last several years, building was vacant and site fell into
disrepair and vandalism.
• Applicant began redeveloping the site last yearfor a newAT&T
store, which has brought 20 new jobs to the City.
• Applicant has worked with the City through an Administrative
Amendment to upgrade the site while meeting the short
timeframe to bring AT&T here.
• This PUD request is the second portion of the overall
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• Landscape requirement — 1,685 points
• 1999 Site Plan approval — 2,440 points
• 2009 Administrative Amendment — 2,851 points
• 2010 PUD application — 3,812 points
• Applicant is more than doubling required landscape points.
• Providing landscaping within Northlake Boulevard right-of-way.
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 14, 2010
Petition No. MISC-10-07-000072
SubjectlAgenda Item:
Petition No. MISC-10-07-000072: Northmil Plaza — Miscellaneous Signage Petition
Public Hearing and Recommendation to City Council: Anne Booth, agent for
Intervest — Northmil Limited Partnership by North Lake Holding, LLC, is requesting
approval of a miscellaneous petition to amend condition #18 of Resolution 47, 1999, to
allow shopping center wall signage to be blue, red, or the color of federally registered
trademarks for tenants, which are greater than 20,000 gross square feet in size, or for
single-tenant, stand-alone buildings. The Northmil Plaza is approximately 11.5-acres
and is located on the northeast corner of Military Trail and Northlake Boulevard.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: PZAB Action:
Planning & Zoning: [ ] Rec. Approval
City Attorney
R. Max Lohman Project ��); Accou tant: [] Rec. App. w/ conditions
Manager O" ��- '` jj�%� [] Rec. Denial
Director of I ' g and Martin Schneider, AICP Sarah Varga [] Continued to:
Zoning Planner
Natalie M. Wong, AICP Fees paid [Yes]
[ X] Quasi — Judicial
Development , � � [ ] Legislative Funding Source:
Compliance [ X] Public Hearing
Bahareh Wolfs, AICP
Advertised: [ ] Operating Attachments:
Resour. Manager [X] Other NA • Project Narratives:
Paper: Palm Beach
-�`.� Post o July 15, 2010;
Allyson Black o August 4, 2010; and
Date: N/A o August 25, 2010.
[] Required Budget Acct.#: . Location Map
Approved By: [X] Not Required N/A • Resolution 47, 1999
City Manager Affected Parties:
[ ] Notified
Ronald M. Ferris [X] Not Required
Meeting Date: September 14, 2010
Petition No. MISC-10-07-000072
Page 2 of 5
EXECUTIVE SUMMARY
The applicant is requesting approval of a misceilaneous petition to modify condition #18
of Resolution 47, 1999, to allow blue, red, or the color of a federally registered
trademark as allowable wall signage for tenants, which are over 20,000 square feet, or
stand-alone buildings within the Northmil Plaza. Staff recommends approval of the
subject condition amendment.
: _ . rT:ZilIP►1�7
On June 3, 1999, the City Council adopted Resolution 47, 1999, which approved the
development order for the Northmil Plaza site plan for construction of a 90,363 square
foot shopping center. Condition #18 restricts all signage in the shopping plaza to a
uniform type and color of signage (i.e., internally-illuminated blue acrylic-faced letterin.g).
On June 6, 2000, City Council adopted Resolution 27, 2000, which approved a variance
to allow a second ground sign for Northmil Plaza.
On October 18, 2001, a site plan for two outparcel buildings was approved by
Resolution 153, 2001. The site plan included: a 4,919 square foot retail building, and a
3,120 square foot drive-through restaurant (Wendy's). The Wendy's building elevations
were approved with the Wendy's logo and color red.
On May 30, 2002, the bank outparcel was approved by Resolution 64, 2002. The site
plan was for a financial building of 3,600 square feet, with a drive-through. The building
elevations were approved with materials and colors to match the main plaza building,
and a building identification sign on the west elevation.
On April 15, 2008, an administrative amendment (ADMN-08-01-000195) was approved
to allow the stand-alone retail building (previously occupied by Hollywood Video) to be
used for medical office use. MD Now is currently the building's sole occupant, utilizing
100 percent of its leasable space.
A petition to modify condition #18 of Resolution 47, 1999, was submitted to the City (see
attached narrative, dated July 15, 2010). The original petition requested the addition of
federally registered trademarks for signage in the shopping center, which is restricted to
blue by condition #18. After discussion with staff, the request was altered to include the
color red, along with trademark colors and blue (see attached narrative, dated August 4,
2010). This was because the federally registered trademarks of the two new tenants
did not include color as part of their registered trademarks. Since that time, staff has
worked with the applicant to further refine the condition language so that it would apply
only to large tenants and stand-alone buildings (see Project Details section below).
LAND USE AND ZONING
The subject site is Northmil Plaza, which has a future land-use designation of
Commercial (C). The zoning district classification is General Commercial (CG-1). The
Meeting Date: September 14, 2010
Petition No. MISC-10-07-000072
Page 3 of 5
portions of Northmil Plaza fronting on Northlake Boulevard and Military Trail are located
within the Northlake Boulevard Overlay Zone (NBOZ).
CONCURRENCY
The site was initially granted concurrency prior to approval of the Northmil Plaza site
plan in 1999. The applicant's request does not affect the project's concurrency
approval.
PROJECT DETAILS
Si�
The applicant is requesting approval of a miscellaneous petition to modify condition #18
of Resolution 47, 1999, to allow blue, red, or the color of a federally registered
trademark as allowable wall signage for tenants greater than 20,000 square feet in size,
and stand-alone buildings within the Northmil Plaza.
Condition # 18 of Resolution 47, 1999, currently states:
All shopping center wall signage shall be internally-illuminated blue
acrylic-faced lettering.
The proposed condition language is:
All shopping center wall signage shall be internally-illuminated blue
acrylic-faced lettering. However, wall siqna_qe for shoppinc�plaza tenants,
which are qreater than 20,000 gross square feet, or located in a sinqle-
tenant, stand-alone buildinq, shall be internallv-illuminated blue or red
acrvlic-faced letterinq, or may be the color of a federally reqistered
trademark, if displaved as re isq tered.
This amended language would allow the two new tenants (Home Goods and Joseph's
Classic Market) of the old Albertsons supermarket space to have red signage, which is
important to their marketing strategies. These two large tenants will split the 50,000
square foot principal tenant space roughly in half, with each having approximately
25,000 square feet. While the names of both tenants are federally registered
trademarks, neither is expressly trademarked as red in color. This is the reason that the
color red is specifically called out in the amended language.
The proposed amendment would also allow the three outparcel buildings, the drive-
through restaurant (Wendy's), the drive-through bank (Bank Unitec�, or the single-
tenant, stand-alone retail outparcel building (MD Now), to have blue or red lettering, or
the color of its federally registered trademark. (Wendy's received approval for its
trademarked logo and red signage on its elevations at time of site plan approval.)
The proposed condition language will still maintain the blue color requirement for
smaller, individual tenants within the large, multi-tenant building. This will maintain the
uniform appearance of the main retail building.
Meeting Date: September 14, 2010
Petition No. MISC-10-07-000072
Page 4 of 5
Although a portion of the site is within the NBOZ, it does not have any wall sign
requirements or restrictions that would prevent approval of this petition.
Parkinq, Access, Landscapin.q/Bufferin.q, or Other Site Development Issues
The applicant is not proposing any changes to the existing site plan.
Waivers
The applicant is not requesting any waivers with this petition.
STAFF ANALYSIS OF PROPOSED SIGNAGE AMENDMENT
Staff supports the proposed amendment to condition #18 to allow use of the color red or
the federally registered trademarks specifically for large tenants and stand-alone
buildings at the Northmil Plaza. If the request was for all ground floor tenants within the
plaza, it would not meet the City's sign code regulations, which requires signs for
ground floor users (other than principal tenants) to have uniform type, color, materials,
shape, and style. However, the City's sign code regulations do not require principal
tenant signs to be the same color or style as other tenants. Since two tenants (Home
Goods and Joseph's Classic Market) have split one principal tenant space equally
(25,000 square feet each), they may be considered as co-principal tenants for the
purposes of signage in Northmil Plaza.
In most of the City's older shopping centers, there is one identifiable principal tenant
(usually a grocery store), which is significantly larger than the other tenants. One
exception is the Prosperity Center, located at the northeast corner of Prosperity Farms
Road and PGA Boulevard. This shopping plaza designated three major in-line tenants
(currently, Bed, Bath, & Beyond (37,525 square feet); Office Depot (25,000 square feet);
TJ Maxx (24,946 square feet), which were allowed certain principal tenant signage
privileges, such as larger letter heights, and individual font styles. At the Shoppes of
Oakbrook, two major tenants, Stein Mart and Home Goods, share one building, and
both were permitted to have 36-inch principal tenant size lettering, and individual font
styles. A more current example is the Legacy Place shopping center, which allows its
tenants to use their federally registered trademark colors and font styles, while other,
typically smaller, tenants are limited to white or blue color signage. Since neither of the
two new major tenants at Northmil Plaza is clearly identifiable as the sole principal
tenant, it is reasonable to consider both as principal tenants for signage purposes based
on their size in comparison to the other plaza tenants (each less than 5,000 square
feet).
The three stand-alone buildings in the plaza are also considered principal structures
when applying the sign code. By the City's sign regulations, each is allowed a principal
structure wall sign. Principal structure wall signs are not required to be uniform with
other tenant signs, and may have individual sign colors. If condition #18 is amended as
proposed, the two large tenants in the in-line building, and the single-tenant, stand-
alone buildings would meet the City's sign regulations. Therefore staff is able to support
the revised condition of approval to allow wall signage for large tenants and stand-alone
buildings to be blue, red, or the color of a federally registered trademark.
Meeting Date: September 14, 2010
Petition No. MISC-10-07-000072
Page 5 of 5
SiAFF RECOMMENDATION
Staff recommends APPROVAL of petition IVIISC-10-07-000072 with the following
amendment to condition of approval #18 of Resolution 47, 1999:
18. All shopping
acrylic-faced
center wall signage shall be internally-illuminated blue
lettering. However, wall siqnaqe for shopping plaza
tenants, which are greater than 20,000 gross square feet, or located in
a sinqle-tenant, stand-alone building, shall be internally-illuminated
blue or red acrylic-faced letterinq, or may be the color of a federally
reqistered trademark, if displayed as reqistered.
�
. �
(".
July 15, 2010
Ms. Natalie Wong
Growth Man�gement Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: NORTHMIL PLAZA
� •
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Urban Planning and Design
Landscape Architecture
Communication Graphics
MISCELLANEOUS APPLICATION TO AMEND CONDITON 18 OF
RESOLUTION 47,1999
UDKS REF # 86-124.035 (MA)
Dear Ms. Wong:
Please accep�t the attached materials as our request, on behalf of Intervest — Northmil
Limited Partnership, to amend Condition #18 of Resolution 47, 1999 to allow logos and
Federally Registered Trademarks a5 part of the shopping center wall signage at Northmil
Plaza. The 11.5 acre pl�za is located on the northeast corner of Northlake Boulevard and
Military Trail and was approved on June 3, 1999 as a site plan in the CG-1 Corr�mercial
district.
The original site plan approval of the shopping center included 90,363 sf of retail,
financial, and restaurant uses. Subsequent site plan approvals for the 'Future
Development Areas' have included the Wendy's restaurant, a financial institution with
drive-thru, and the most recent approval of the MDNow medical clinic.
Section 78-287(e), of the Palm Beach Gardens Land Development Regulations allows
logos or federally registered trademarks, with provisions; however, Condition #18 as written
over-rides that section of the code and precludes the use of logos and federally registered
trademarks in their approved colors. The proposed condition modification will allow the
plaza the benefit of flexibility provided in the code while otherwise maintaining the blue
color theme for all other s�gns.
Condition #18 currently reads:
"All shopping center wall signage shall be internally-illuminated
lettering."
This application is requesting the condition be modified as follows:
"All shopping center wall signage shall be internally-
illuminated blue acrylic-faced lettering, or mav be a loqc� or
federally reqistered trademark if displaved as reqistered."
blue acrylic-faced
f _Rt N G���
QP��G �
��'�NG�
�P�� N��
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.'1111 fax
www.udkstudios.com
LCC000035
I(,
Ms. Natalie Wong
NorthMil Plaza Condition Modification
July 15, 2010
Page 2
It is fihe applicants understanding that the basis of the blue color designation was related to
the color of the federally registered logo of the major tenant at the fime of the approval.
That tenant is no longer part of the plaza and the tenants that are taking over the space
both have federally registered trademark names in red. On October 18, 2001, the City
Council approved Re�olution 153, 2001 which included approval of the federally
trademarked signs for the Wendy's restaurant. The attached application request would
allow federally trademarked signs to be installed on the walls of the main plaza.
Signage is a critical component to the success of a business, and having been through the
process and expense of securing approval for a federally trademarked name and logo,
tenants are anxious to be able to use those trademarked signs and logos as approved.
Because trademarks and logos are approved in various colors to establish a corporate
identity and branding of a business, being forced to conform to a single color palette
creates confusion with the companies branding and logo recognition. The applicant is
requesting the condition modification in recognition of the value that signage plays in
helping a business be successful.
W� respe�tful�y subm�t for yaur review thz followi�g:
1
2.
3.
4.
5.
6.
7.
A filing fee check in the amount of $2,850.00 (Base Sum of $1,650.00, Attorney
Surety Deposit $1,000.00, Pre-application fee of $200.00)
Development Application form
Statement of ownership and designation of authorized agent
Financial Responsibility Form
Warranty deed/Quit Claim deed with affidavit
Aerial Map depicting surrounding property zoning and land use designations.
F�esolution 47, 1999
Should you have any questions regarding the attached materials, or require any
addit�onal information, please let me know.
-
• . � � - e�;.i ��:` �� • •
. l �.,...�Ii /j� 1
Principal
sp
attachments
cc: F. Van Amburgh
J. Acierno
M. Olson
H:IJOBS\NorthMil Plaza_86-1241Service Select_MA_.0351Documents�Applications\Misc Application Letter
071510.doc
August 4, 2010
Mr. Martin Schneider
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trait
Palm Beach Gardens, FL 33410
RE: NORTHMIL PLAZA
MISCELLANEOUS APPLICATION — MISC-10-07-000072
UDKS REF # �6-124.035 (NIA)
Dear Marty:
urban
a�s� n
g
ki I da
STUDIOS
Urban Planning and Design
Landscape Architecture
Communication Graphics
Please accept the attached materials as our request, on behalf of Intervest — Northmil
Limited Partnership, to amend the Miscellaneous Application MISC-10-07-000072. We
would like to modify the request to amend Condition #18 of Resolution 47, 1999 to
specifically include the color red as an allowable color in addition to the color blue and the
use oT iogos and Federaiiy i�egistered Tr�aemarks as part ofi t�ie w�ii $ignage at Nort�ir��ii
Plaza.
This amended application is requesting the condition be modified as follows:
"All shopping center wall signage shall be internally-illuminated blue or red acrylic-
faced lettering, or may be a loqo or federally reqistered trademark if displaved as
reqistered."
As mentioned in the initial submittal letter, the tenants that will be occupying the main retail
space in the plaza both have federally registered trademarked names and logos. However,
we have discovered that their trademarks do not cover the color of the letters. Although
the federal registration does not specify a color, both of the tenants have adopted the color
red as part of the branding of their names and company identities.
Essential marketing components include color as one of the most important elements in
creating a brand identity. One of the purposes of a"brand" is to encode an image in
people's memory and retrieve it from their memory when they recognize the shape and
color of the logo. Visually being able to retrieve consistent colors and shapes and
associate those to a product or business reinforces the customer's emotional
attachment to that company. As with many businesses that are struggling in the current
economic times, any marketing advantage that helps to make a company successful is
desirable. Being able to utilize the color red in the wall signage at the plaza would be
very beneficial to the tenants marketing efforts.
Attached please find an amended Development Application
which has been modified to include the request noted` �bove.
�-'i,,��y�lU{��''�:
z�n,�,,
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.111 1 fax
www.udkstudios.com
LCC000035
Mr. Martin Schneider
NorthMil Plaza Condition Modification
August 4, 2010
Page 2
Should you have any questions regarding the modified request, or require any
addi�al information, please let me know.
�
Principal
attachments
cc: F. Van Amburgh
J. Acierno
M. Olson
H:\JOBS\NorthMil Plaza_86-124\Service Select_MA_.035\DocumentsWpplications\Misc Application Letter Amended
080410.doc
� �
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rnemoran um k�l�a
STUDIOS
Urban Planning and Design
TO: Mr. Martin Sc nei er, City of Palm Beach Gardens Landscape Architecture
� Communication Graphics
FROM: Anne Booth
DATE: August 25, 2010
RE: Northmil Plaza — Petition MISC•10-U7-000072
In response to the staff comment in the memorandum dated August 23, 2010, and the
modification ta the language of Condition 18, please accept this memorandum as confirmation
that the property owner agrees with the proposed changes. The amended condition is
proposed to read as follows:
18.A11 shopping center wall signage shall be internally-illuminated blue acrylic faced
lettering. However, wall signaqe for shopping plaza tenants, which are greater than
20,000 qross square feet or located in a sinqle-tenant, stand-alone buildinq, shall be
internally-illuminated blue or red acrylic-faced letterin_ ,y or may be the color of a
federally reqistered trademark, if displaved as registered.
Should you have any questions, or need any additional information with regard to this
application, please let me know. Thank you.
Cc: Frank Van Amburgh
Joseph Acierno
Mimi Olson
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
Northmil Plaza Location Map
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RESOLUTION 47,1999
�
June 3, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF
PALM BEACH GARDENS, FL012.IDA, PROVIDING FOR
APPROVAL OF A SITE PL�,N FOR THE CONSTRUCTIqN
OF A 90,363 SQUARE FOOT SHOPPING CENTER TO BE
NAMED NORTHMIL PLAZA AND LOCATED ON AN 11.5
ACRE PARCEL AT THE NORTHEAST CORNER OF
MILITARY TRAIL AND NORTHLAKE BOIJLEVARD;
PROVIDTNG FOR BINDING VOLUNTARY
COMMITMENTS; A.ND, PR4VIDZNG FOR AN EFFECTIVE
DATE.
WHEREAS, the petitioner, Northlake Partners, is requesting site plan approval for the
construction of a 90,363 square foot shopping center to be named Northmil Rlaza and located on
an 11.5 acre parcel at the northeast eorner of Military Trail and Northlake Boulevard;
WHEREAS, the City Council has. determined that the proposed petition is consistent with
the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF
PALM BEAC�I GARDENS, FLORIDA:
Sect�on 1. The City Council hereby approves the site plan for a 90,363 square foot shopping
center to be named Northrnil Plaza and located on an 11.5 acre parcel at the northeast corner of
Military Trail and Northlake Boulevard, as described in attachment "A", which is incorporated as
part of this resolution.
Section 2. Said construction shall be in accordance with plans on file with the City's
Planning and Zoning Division as follows:
1. May 26, 1999 Site Plan, Urban Design Studio, 1 Sheet
2. May 26, 1999 Landscape Plan, Urban Design Studio, 1 Sheet
3. March 8; 1999 Detail Sheet, Urban Design Studio, 1 Sheet
4. May 26, 1999 Landscape Details, IJrban Design Studio, 1 Sheet
5. July 3, 1997 Military Trail Landscape Flan, Urban Design Studio, 1 Sheet
6. October 9, 1997 Arehitectural Elevations, Ted Davis and Associates, Sheet A-1
7. August 19, 1997 Architectural Elevations, Ted Davis and Associates, Sheet A-2
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8. January 6, 1998 Architectural Elevations, Ted Davis and Associates, Sheet A-3
9. January 27, 1997 Architectural Elevations, Ted Davis and Associates, Sheets A-4
10. January 24, 1997 Architectural Elevations, Ted Davis and Associates, Sheets A-5, A-6
11. October 9, 1997 Sign Details, Urban Design Studio, l Sheet
12. March 8, 1999 Lighting Plan and Notes, Ur�an Design Studio, 2 Sheets
13. Decernber 21, 1997 Conceptual Drainage Plan, Urban Design Studio, 1 Sheet .
14. August 13, 1996 Traffic Impact Analysis, Yvonne Ziel Traffic Consultants, Inc.
Section 3. Approval is based on the following voluntary commitments which shall be
considered binding upon the applicant, its successors, and assigns:
(1) The applicant shall dedicate the ten (10) feet of R.O. W. along Military Trail to the Florida
Department of Transportation (FDOT) prior to the issuance of the first Building Permit.
(Building Division, Development Compliance Officer)
(2) The applicant shall dedicate the 6 feet of right of way along Northlake Boulevard to Palm
Beach County prior to the issuance of the fust Certificate of Occupancy. (Building Division,
Development Compliance Officer)
(3) The applicant shall submit detailed design calculations for onsite drainage improvements as
well as possible outfall improvements to the City Engineer for review and approval, prior to
construction plan approval. (City Engineer, Building Division)
(4) The applicant shall submit a boundary piat, suitable for recording, for review and approval
by the City Engineer before the issuance of the first building pertnit. (City Engineer)
(5) When the "Future Development Area # 1" arid "Future Development Area #2" are
constructed, the vehicular access for each parcel shall b� limited to the internal north-south
drive aisle. (City Engineer, Planning and Zoning Division)
(6) Prior to Construction Plan approval the "Typical Exfiltration Trench Detail" and data in
Exhibit "c" shall be reconciled to the satisfaction of the City Engineer. {City Engineer,
Development Compliance Officer)
(7) The existing drainage inlet (catch basin number 5) shall be replaced with a new inlet or
properly cleaned of tree roots and any structural drainage repaired prior to first certification
of occupancy. (City Engineer)
(8) Any modifications to the sidewalk on Military Trail and Northlake Boulevard shall be done
prior to 8:00 a.m. and after 5:00 p.m. so as not to interrupt continuous pedestrian use of those
sidewalks during the day.(Building Division, Developznent Compliance Officer)
Resolution 47, 1999
Page 2
�
(9) The City and the applicant shall work together to determine an appropriate location for the
crosswalk located at the Military Trail egress/ingress and together shall seek approval of the
preferred sidewalk location and compatible design for the median cut from FDOT. The final
determination of the location of this sidewalk, which shall be acceptable to the City
Engineer, shall be made prior to the issuance of the first Building Perr_lit. (Development
Compliance Officer, City Bngineer)
(10) The petitioner shall, by separate instrument, dedicate public access to the sidewalk located
outside the Military Trail R.O.W. prior to the issuance of the first Certificate of Occupancy,
if permitted by FDOT. Such dedication shall be recorded in the public recards.
(Development Compliance �fficer, City Engineer)
(11) The speed hump shall be indicated on the construction plans to be extended across both
ingress and egress travel lanes prior to construction plan approval, if FDOT. permits the
Iocation of ihe sidewalk outside of the Military Trail right-of-way. (City Engineer)
(12) All deliveries to the site shall be limited to the hours of 7:00 a.m. to 4:00 p.m. (Development
Compliance Officer, Code Enforcement)
(13) All refrigerated trucks shall be required to switch off refrigeration equipment while on site.
(Development Compliance Officer, Code Enforcement)
(14) All vehicles shall be prohibited from stopping or standing with engines idling on the north
ancl east sides of the shopping center. (Code Enforcement, Developznent C�mpliance Officer)
(15) The petitioner shall agree to limit garbage collection to the hours between 8:00 a.m. to 5:00
p.m. Monday through Saturday, to the best ability of the City's waste collector. (Code
Enforcement, Development Compliance Officer).
(16) Design and operation of all improvements on the property shall be conducted in such a
manner so as to avoid pure tones and impulsive sonnds which are audible at the north and
east property lines, and mechanical and electrical equipment selected for the project shall not
emit pure tones or impulsive sounds which are audible at the north and east property lines.
(Code Enforcement, Building Department)
(17) The following parking calculations have been agreed to (all sqizare footages are gross):
(a) In-Line Retail: 1 space per 200 square feet.
(b) Future Development Area (Retail): 1 space per 250 square feet.
(c) Future Development Area (Financial with drive-thru): 1 space per 25� square feet.
(d) Future Development Area 3(Restaurant with drive-thru): 1 space per 3 seats + 1
space per employee on maximuxn shift. (Planning and Zoning Division)
Resolution 47, 1999
Page 3
�
(18) All shopping center wall signage shall be internally-illuminated blue acrylic-faced lettering.
(Development Compliance Officer)
(19) The applicant shall provide, at their own expense, a crossing guard certified by the City of
Patm Beach Gardens Police Department at the shopping center's Military Trail entrance
crosswalk during tlie morning and afternoon school hours, as designated for the Grove Park
Elementary School zone. This commitment shall continue in perpetuity. (Code Enforcement)
(20) Consistent with Chapter 11$-46, recordation of all plats, installation of all infrastructure,
common area improvements and landscaping, and dedication of rights-of-way and easements
shall be completed prior to December 31, 2001. Time extensions are subject to the criteria
set forth in Chapter 118 of the City's Land Development Regulations. (Planning and Zoning
Division, Engineering)
(21) The petitioner shall record a Unity of Title for the property within 60 days of the effective
date of this ordinance. The intent of this document is to prevent subclivision of the overall
s'ite for the purpose of fee-simple conveyance of ownership of future development areas 1,
2 and 3.. (Development Compliance Officer)
Section 4. This resalution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
LINDA �
VOTE:
KOSIER
' G.�Cfi � /,�'��,�,
� ,,.
COUNCILIv1EMB�R RUSSO
COUNCILMEMBER FURTADO
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
I� • • • �
COUNCILMEMBER SABATELLO
G•\Short Range\sp9903.re.wpd
Resolution 47, 1999
Page 4
�.U� , 1999
V
APPROVED AS TO LEGAL FORM AND
S ICIENC .
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CITY ATTORNEY
AYE
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NAY ABSENT
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Cit of Pal m Beach Gardens
y
Miscellaneous etition to chan e a
p 9'
Con dition of A ro val re ardin si na e
pp 9' 9' 9' 9'
Petition: MI SC-10-07-000072
Planning, Zoning & Appeals Board
September 14, 2010
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• Approval of a miscellaneous petition to
amend condition #18 of Resolution 47,
1999, regarding signage requirements.
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All shopping center wall signage shall be
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However, wall siqnaqe for shoppi�plaza
tenants, which are qreater than 20,000 qross
square feet, or located in a sinqle-tenant, stand-
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color of a federally reqistered trademark, if
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requirement as ground tenants.
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 14, 2010
Petition #: CUMJ-10-07-000016
SUBJECT/AGENDA ITEM
CUMJ-10-07-000016 New Life Community Church — Major Conditional Use
Public Hearing and Recommendation to City Council: A request from Scrivner Damon,
Pastor for New Life Community Church, to approve a Major Conditional Use for a church
use within Loehmann's Plaza, which is located on the southwest corner of PGA Boulevard
and RCA Boulevard. The proposed conditional use would allow for a 4,625 square foot
church, with a 100 seat congregation, office space, and ancillary uses to be located within
two existing tenant spaces.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: PZAB Action:
City Attorney: Planning and Zoning: [] Rec. approval
Project fy?, ; Finance [] Rec. app. w/
R. Max Lohman, Esq. Manager �'' '�°'�� Administrator: conds.
Martin Schneider, [ ] Rec. Denial
Development AICP N/A [ ] Continued
Compliance: Allan Owens to:
�� Reso rc�,Manager
� --`�?
ahareh K. Wolfs, AICP All~ son Black
Y Accountant:
Director of Planning and
Zoni [X] Quasi — Judicial `�,��j'
( ] Legislative Sarah Varga
[X] Public Hearing
Natalie M. Wong, AICP Fees Paid: [X] Attachments:
Advertised:
Date: Sept. 3, 2010 Yes •;• Application and
Narratives
Paper: Palm Beach gudget Acct.#: •:• Location Map
Approved By: Post N�A ❖ Traffic Analysis
City Manager [X] Required Letter
[ ] Not Required
Affected Parties:
Ronald M. Ferris [X] Notified
[ ] Not Required
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 2 of 9
BACKGROUND
The original site plan for Loehmann's Plaza was approved in 1981. In 1991, the site was
rezoned from General Commercial (CG1) to Planned Unit Development (PUD) by
Ordinance 14, 1991. This approval included architecture, parking, and landscaping
improvements, and the addition of a 5,000 square foot, stand-alone building at the
northeast corner of the plaza (west of the gas station), to be used as restaurant or retail.
The approved stand-alone building has not been constructed.
The subject petition proposes to allow a church to locate in an existing in-line retail space
of 4,625 square feet. Church use is allowed within CG1 zoning through a major conditional
use approval. The church use would have a maximum of a 100 seat congregation, and will
include office space and ancillary uses, such as a nursery room and youth room. There
are no site plan amendments proposed with this petition.
LAND USE & ZONING
The subject site is an existing shopping center, which is zoned CG1, with PUD overlay.
The future land use designation is Commercial (C). The site is located within the PGA
Boulevard Corridor Overlay. The use of a church, or place of worship, is allowed in the
CG1 zoning and the PGA Overlay with major conditional use approval. The shopping
center and the proposed church use are compatible with the surrounding commercial,
mixed use, and industrial land uses.
Table 1. Existing Zonin Land Use Designations
• - � �
Subject Property
Commercial PUD/CG1 C
(Loehmann's Plaza)
North
PGA Boulevard; Vacant PCD/M1 I
(Parcel 5A)
South
Hotel CG1 C
(Marriott Hotel)
East
Commercial MXD MXD
PGA Desi n Center)
West
I-95; Hotel and Commercial CG1 C
(Doubletree North)
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 3 of 9
Notes:
PUD = Planned Unit Development
CG1 = General Commercial
C = Commercial
PCD = Planned Cammunity Development
M1 = Research and Light Industrial
I = Industrial
MXD = Mixed Use
CONCURRENCY
The subject property (Loehmann's Plaza) received site plan approval in 1981. The County
listed Loehmann's Plaza as a previously approved non-residential project in 1991.
Therefore, Loehmann's Plaza pre-dates the County's Traffic Performance Standards, and
was granted a vested approval. The Applicant is proposing to replace 4,625 square feet of
retail with a 4,625 square foot church with a maximum of 100 seats. Because the
proposed use results in a decrease of weekday peak hourtrips, there is no adverse impact
to the turning movements of the existing driveways. The proposal was determined to meet
the Traffic Performance Standards for Palm Beach County and the City of Palm Beach
Gardens by the City's Traffic Consultant (see Traffic Review, dated August 10, 2010,
attached).
PROJECT DETAILS
Buildin.q Site
The proposed church will be located in two adjacent tenant spaces (suites 4122 and 4124)
within Loehmann's Plaza (see Location Map attached). The shopping centerwas originally
approved in 1981. In 1991, the site plan was revised to better address PGA Boulevard,
add architectural elements, add parking spaces, and improve landscaping. The site plan
included a 5,000 square foot stand-alone building in the northeast corner of the site
adjacent to the service station, which has not been constructed.
The proposed church use will be located in two adjacent tenant spaces (suites 4122 and
4124) located between a fish market (Cod & Capers) and consignment shop (The Interior
Showroom) in the northern portion of the in-line retail building. The proposal will not alter
the site plan.
Parkinq
Because church services are held at off-peak parking times for the shopping center,
parking for the proposed use will not conflict with shopping center uses. Church services
will be held on Sunday mornings (10:00 a.m. to noon) and Wednesday and Friday
evenings (7:00 p.m. to 8:00 p.m.). (Congregation members may arrive and depart up to a
half hour prior to or after service hours.) Shopping center retail uses have peak parking
needs during weekdays and Saturdays, while restaurant and cinema parking needs peak
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 4 of 9
on Friday and Saturday nights. Therefore, parking at the shopping center will continue to
be balanced and adequate for all uses.
Sipnac�e
No signage is proposed with this petition. The applicant is aware that any signage
requested in the future will need to meet the City's sign code and be consistent with the
color and style of the existing signage at Loehmann's Plaza.
MAJOR CONDITIONAL USE ANALYSIS
Section 78-159, Permitted, Conditional and Prohibited Use Chart, allows a Place of
Worship within a CG1 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
Conditional Uses:
staff's analysis based on the criteria set forth in Section 78-52(d),
1) Comprehensive Plan. The proposed use is consistent with the comprehensive
plan.
The comprehensive plan designation for this site is Commercial (C). The zoning
designation is CG1 with a PUD overlay in the PGA Boulevard Overlay, which is
consistent with the comprehensive plan designation. Churches are allowed in
commercial designated areas through the major conditional use process. Therefore,
the proposed use is consistent with the comprehensive plan.
2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
The proposed major conditional use will be included within an existing shopping
center. The use is compatible with the shopping center and its surrounding, and is
allowable by conditional use approval.
3) Standards. The proposed use is consistent with the standards for such use as
provided in Section 78-159.
The proposed expansion 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:
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 5 of 9
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.
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
following:
uses associated with churches and places of worship include the
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.
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 located on and provide primary vehicular access from the
following roadways: city collector, county minor arterial, state minor
arterial, state, or state principal arterial.
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 6 of 9
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 proposed church use is in compliance with the requirements set forth in Section
78-159 (note 49). Any daycare, school, or assisted living facility use, other than child
care/Sunday school during services and functions, will require approval through a
separate conditional use petition.
4) Public welfare. The proposed use provides for the public health, safety, and
welfare by:
(a) Providing for a safe and effective means of pedestrian access;
No changes to the existing pedestrian access points are proposed with this petition.
An existing pedestrian crosswalk and handicap ramp is situated immediately east of
the proposed tenant location.
(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.
(c) Providing for an adequate roadway system adjacent to and in front of the
site;
No changes to the existing points of ingress and egress are proposed with this
petition.
(d) Providing for a safe and efficient onsite traffic circulation, parking, and
overall control; and
The subject petition proposes no changes to the onsite traffic circulation, parking and
overall control, which are currently adequate for the shopping center.
(e) Providing adequate access for public safety purposes, including fire and
police protection.
No changes to the existing site configuration are proposed with this petition.
Meeting Date
Petition:
September 14, 2010
CUMJ-10-07-000016
Page 7 of 9
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)
Noise,
Any noise will be limited to inside, and services will take place when the two
adjacent retail tenants are closed for regular business hours.
Glare,
No impact.
Odor,
No impact.
(d) Ground, wall, or roof-mounted mechanical equipment,
No changes to mechanical equipment.
(e) Perimeter, interior, and security lighting,
No changes to lighting proposed.
(f)
�9)
(h)
��)
�J )
Signs,
Any signage proposed will be consistent with the City's sign code, and the color
and style of the existing shopping plaza signage.
Waste disposal and recycling,
No significant impact. All waste disposal and recycling will use existing services.
Outdoor storage of inerchandise and vehicles,
No outdoor storage is required.
Visual impact,
The proposed use is an interior renovation only. No changes to the exterior are
proposed.
Hours of operation.
The hours of operation for services will be Sunday mornings (9:30 a.m. — 12:30
p.m.), Wednesday and Friday nights (6:30 p.m. — 8:30 p.m.), and holidays
(variable hours). Other functions, including board meetings, staff ineetings and
ministry meetings, will be held from time to time, but will have small attendance.
6) Utilities. The proposed use minimizes or eliminates the impact of utility
installation, including underground and overhead utilities, on adjacent
properties.
The proposed change 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,
Meeting Date: September 14, 2010
Petition: CUMJ-10-07-000016
Page 8 of 9
policies, and standards of neighborhood plans.
There is no neighborhood plan for this area.
9) Compatibility. The overall compatibility of the proposed development with
adjacent and area uses, and character or area development.
The proposed use is compatible with the shopping center and surrounding uses.
10) Patterns of development. The proposed use will result in logical, timely, and
orderly development patterns.
The proposed use will have no impact on development patterns.
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 complementary in nature to the existing and surrounding uses, 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.
There will be no visual impact from the proposed use. Any signage proposed in the
future will require a building permit and will be consistent with the color and style of the
existing shopping plaza signage.
13) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impact on environmental and natural
resources including air, water, storm water management, wildlife, vegetation,
and wetlands.
There will be no adverse environmental impacts from this petition.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On August 13, 2010, the subject petition was reviewed by the DRC committee. The
applicant submitted revised interior renovation plans to show the seating layout as required
by the Fire Department. The applicant also submitted an explanation of "other church
functions" to ensure the Planning and Zoning Department that these functions will be small
and not conflict with the shopping center's parking or traffic. The applicant has also met
with the Police Department to review various Crime Prevention Through Environmental
Design (CPTED) recommendations. All DRC comments have been addressed, or are
included as conditions of approval (below).
Meeting Date
Petition:
STAFF RECOMMENDp►TION
September 14, 2010
CUMJ-10-07-000016
Page 9 of 9
Staff recommends approval of petition CUMJ-10-07-000016 for a major conditional use
with the following conditions:
1. A building permit submittal shall be required for the interior renovation. (Building)
2. Construction documents shall bear the signature and seal of an Architect licensed
to practice in the State of Florida. (Building)
3. All required permits shall be issued to appropriately licensed contractors. (Building)
4. At time of building permit submittal, a proposed seating layout shall be provided as
a guide to insure that the room is set-up in compliance with applicable fire codes.
(Fire Department)
5. Any exterior modifications will require separate approvals and building permits.
(Planning and Zoning)
6. No daycare or school uses, other than for the use and benefit of congregants during
on-site services or functions, shall be permitted without separate conditional use
approval from City Council. (Planning and Zoning)
7. The church use shall be limited to 4,625 square feet within the in-line shopping
center. If an increase to the square footage is requested, a traffic analysis shall be
submitted and reviewed for compliance with Traffic PerFormance Standards.
(Planning and Zoning)
8. Congregation seating shall be limited to 100 seats, unless a new seating layout is
submitted for review and administrative approval. (Planning and Zoning)
9. The hours of operation for church services shall be:
• Sunday mornings (9:30 a.m. — 12:30 p.m.);
• Wednesday and Friday nights (6:30 p.m. — 8:30 p.m.); and
• Holidays (variable hours). (Planning and Zoning)
10. The uses within the shopping center shall be limited to the following:
• 73,183 square feet of shopping center use;
• 4,625 square feet of church/place of worship use;
• 1,935 cinema seats. (Planning and Zoning)
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^.:\1.EC•AI.\K�4G1Agent Au:hariralions\$ife IG�19-A17'.doc
7/28/1 C�
Summary for New Life community Church
New Life has been in existence for four (4) years. It is our intent and
purpose to use the location we are requesting "conditional use"
zoning for our church ministries and activities.
Our general service schedule is as follows, Wednesday and Friday
nights from 7:00 pm - 8:00 pm, Sunday 10:00 am —12:00 pm. There
will be other church services and functions from time to time. We are
looking to seat around a hundred people along with an office for
church related administration.
8/23/10
Mr. Martin Schneider, AICP
Planner, Planning and Zoning, Palm Beach Gardens
Answer to request in Memorandum dated 8/13/2010
Planning and Zoning
Item 6
Explanation of "other church services and functions will be held
from time to time."
There are other activities involved in the func#ion of a church, such as
Board meetings, staff ineetings, women's and men's ministry
meetings. Holiday services, i.e. Christmas, Easter.
These meetings and services garner a lesser attendance than our
regular Sunday Morning Service. Also, some of these are held from
time to time off site. Others definitely would not occur at �eak
shopping
Easter.
center traffic and parking times, for example Christmas and
Plus from my observation over the past few years the condition of the
shopping center would have to change
situation of our country for the shopping
parking conditions.
as well as the economic
to reach peak traffic and
Respectfully submitted for you consideration and approval,
,,���12�'`�-�-- ���-�-----___. G'� ;��%�
Scrivner Damon, Pastor �
New Li#e Communi#y Church
crnr oF
PALM SCH GD�
AUG 2 3 2010
PI.ANNING &
ZONING
New Life Community Church At Loehmann's Plaza Location Map
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Transportation Consultants
August 10, 2010
Mr. Martin Schneider, AICP
Planner
City of Palm Beach Gardens, Planning & Zoning
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: New Life Community Church at Loehmann's Plaza -#PTC10-006G
CUMJ-10-07-000016
Dear Mr. Schneider:
5114 Okeechobee Boulevard, Suite 210
West Palm Beach, FL 33417-4504
(561)296-9698 Fax 296-9699
www.pindertroutman.com
Certificate of Authorization Number: 7989
Pinder Troutman Consulting, Inc. (PTC) has completed our review of the revised Traffic Statement by Kimley-
Horn & Associates dated August 4, 2010. The project is summarized below:
Existing Uses:
Proposed Uses:
Access:
New Daily Trips:
New Weekday Peak Hour Trips:
Buildout:
Shopping Center
Movie Theater
77,808 SF
1,935 Seats
Church 4,625 SF
Shopping Center 73,183 SF
Movie Theater 1,935 Seats
On RCA Boulevard: 2 Full Driveways
Decrease of 122 ADT
Decrease of 1 AM and � 4 PM
Not Applicable
Based on our review, we have determined that the proposed project meets the Traffic Performance Standards
of Palm Beach County and the City of Palm Beach Gardens. The proposed plan results in a decrease in
weekday peak hour trips, and therefore, there is no adverse impact to the turning movements at the existing
driveways. We recommend the following conditions of approval. ,
1. The uses of this site shall be limited to the following:
■ 4,625 SF Church
■ 73,183 SF Shopping Center
■ 1,935 Seat Movie Theater
CONDITION OF APPROVAL.
Since
Linda Riccardi, P.E.
Project Manager
LR/Idr
Enclosures
PinderTroutman Consulting, Inc.
Lette� Schneider 10-006G 8- 90-10
Cti'�'� �F
PA�-M �GN �v �-
�,�� � 1 2���
p��N1N�" &
\ 'Z�N�N�
�Tt�
�
Cit of Pal m Beach Gardens
y
Ma'or Conditional Use Re uest
J q
Petition: CUMJ-10-07-000016
Planning, Zoning & Appeals Board
September 14, 2010
�
■
u ec e u es
• Approval of a Major Conditional Use for
New Life Community Church located within
Loehmann's Plaza.
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New Life Communit Church DetaiTs
y
• 4, 625 sq . ft. of total space with i n two
existing tenant spaces
- 100 seat congregation
- 192 sq. ft. office
- N u rsery room and Youth room
- No exterior alterations
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Subject Property
Commercial (Loehmann's Plaza)
North
PGA Boulevard; Vacant (Parcel 5A)
South
Hotel (Marriott Hotel)
East
Commercial (PGA Design Center)
West
I-95; Hotel and Commercial (Doubletree North)
��
- �, ��?
��. ,���
�1�.U� i 2� �� �.'!�b 1jr'y�A a' .
� ����+ f � ..
{t J SR' ti
sL"�y9' �4>w.�t¢� .7„ � .
�1fL ' �,
�•
•
PU D/CG 1
PCD/M 1
CG1
MXD
CG1
•
C
C
MXD
C
�� ���,� ; .
�..
�y�
�
■ ■
ra ic oncu rrenc ar i n
• Traffic consultant determined the proposal
meets the Traffic Performance Standards of
the County and the Cit
y
• The new use will result in a decrease in
weekday peak hour trips — no impact
• Peak parkin times for the church are durin
g g
off-hours for retail — no impact
�
■ ■ ■ ■
on � �ona se r� er�a
• Petition meets all criteria
— Consistent with Comprehensive Plan and LDRs
— Compatible with surrounding area
— Daycare, school, or ALF use, other than child care and
Sunday school during services requires a separate
conditional use petition
— No site plan/access changes
— No screening/buffering: All functions held indoors
— Signage will meet City Code and Loehmann's Plaza
color and style
T
�
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�
a ecom men a �on
.- ..`*�,...
> iL�
"" ' . ' .._�.. .h.a'�.�� �
• Staff recommends approval of the Major
Conditional Use of "Church," located within
Loeh man n's Plaza with cond itions.
�
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on � �ons o rova
• Building permit required
• Seating layout provided
• No daycare or school uses (other than during
services) without separate conditional use approval
• Church use limited to 4,625 sq. ft. of space
• Congregate seating limited to 100 seats
�
■ ■
on � �ons o rova �on�t.
( )
• Hou rs of operation for ch u rch services
— Sunday mornings: 9:30 a.m. to 12:30 p.m.
— Wednesday/Friday nights: 6:30 p.m. to 8:30 p.m.
— Holidays (variable hours)
• Uses within shopping plaza limited to:
— 73,183 sq. ft. of shopping center use
— 4,625 sq. ft. of church/place of worship use
— 1,935 cinema seats
NPC" Resources: Typical Noise Le��els S uC3 M �rT� �� Y 9<[: va n� 17 t,t til�J 1'a��e 1 of 2
, Typical Noise Levels Pz�a o�r��v
Take a look at the noise levels of many coinmon appliances and events around the house. You might be surprised. All
sounds are measured at the distance that a person would typically be from the source.
Device
nd Canyon at Night (no roads, birds, wi
et basement w/o mechanical equipment
et Room
uter
Refrigerator
dBA
10
20
28-33
37-45
40-43
�Typical Living Room �� 40 �
Forced Hot Air Heating System 42-52
Radio Playing in Background 45-50
Background Music 50
Bathroom Exhaust Fan 54-55
Microwave 55-59
Normal Conversation 55-65
Clothes Dryer 56-58
Printer 58-65
Window Fan on High 60-66
Alarm Clock 60-80
Dishwasher 63-66
Clothes Washer 65-70
Phone 66-75
Push Reel Mower 68-72
Inside Car, Windows Closed, 30 MPH 68-73
Handheld Electronic Games 68-76
Kitchen Exhaust Fan, High 69-71
Inside Car, Windows Open, 30 MPH 72-76
Garbage Disposal 76-83
Air Popcorn Popper 78-85
Hairdryer 80-95
Electric Can Opener 81-83
Vacuum Cleaner 84-89
Coffee Grinder 84-95
Handheld Electric Mixer 86-91
Lawn Mower 88-94
Air Compressor 90-93
1 /4" Drill 92-95
Food Processor 93-100
NPC Rcsourccs Typical Noisc Lcvels
�eed Whacker
eaf Blower
ircular Saw
[aximum Output of Stereo
94-96
95-] OS
100- l 04
11 1
Pa��e � of 2
, �: � � � ,„a � �� .; � �� � �
1�j� ��,.'+ �a��ar,� �.a�€7.�b�rq 1�To�sc��%���� �iearit� ,Tt.�srrurc°es Q�uei��t Search �sk I�'s :�u�p�►i� ���: �
s��nto's
' �
/
�ar
Septembez• 14, 2010
To: Joel Channing
Subject: Live Entertainment
Dear Joel,
I read your letter to the Planning & Zoning board and I am in complete
agreement. The issues you have raised are vital to the success of our
restaurants. I appreciate your looking out for the well being of the
restaurateurs. I for one would not like anything to go to the council until I can
at least understand what the city really wants and what it will mean to me in
terms of time and money to comply. I also believe it would be gi•ossly unfair
if we were to fmd that, quoting George Oi-well: "some pigs are more equal than
other pigs" and that other restaurants might get preferential treatment, even
though we complied with the same regulations.
Sincerel
/
�
� ohn Spo 0
4550 PGA Boulevard, Suite 205
Palm Beach Gardens, FL 33Q 18
(561) 624-1187
(561) 624-1075 FAX
Please Print
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