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HomeMy WebLinkAboutAgenda P&Z 031009AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, MARCH 10, 2009 AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN • APPROVAL OF MINUTES: DECEMBER 9, 2008 PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel A ltPrn atin Donald Krzan (1st Alt.) Joanne Koerner (2" d Alt.) Planning, Zoning and Appeals Board March 10, 2009 Consideration of Approval 1. Ex Parte Communication (Public Hearing) PVAR-08-12-000007: Accessory Structure Placement Variance for 1029 Bedford Avenue, Palm Beach Gardens, FL 33410 A request by Ms. Julia Jackson, applicant and owner, for approval of a variance from the City's Land Development Regulations to allow an accessory structure (pool equipment) in the rear setback but not immediately adjacent to the principal structure. The residence is in the Lake Catherine Planned Unit Development located north of Northlake Boulevard, west of McArthur Boulevard, and south of Merrills Canal. Project Manager: Pamela Chanitz, Development Compliance Planner pchanitz kpb¢fl.com (799-4250) Recommendation to City Council 2. Ex Parte Communication (Public Hearing) PPUD-08-10-000002: Dog Days — Request for rezoning to Planned Unit Development (PUD) Overlay with an underlying MI (Research and Light Industrial Park) zoning designation A request by Brian Cheguis, on behalf of Dog Days Holdings, LLC, for rezoning from Research and Light Industrial Park (M 1) to a Planned Unit Development (PUD) Overlay with underlying Research and Light Industrial Park (Ml) zoning district. The 1.21-parcel is located 0.5 miles east of Military Trail on the south side of Burns Road adjacent to the west side of 1-95. The subject site's physical address is 4052 Burns Road. Project Manager: Richard Marrero, Senior Planner rmarreroCa7a�pbefl.com (799-4219) 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding, at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth Management Department. Common/pz agenda 03.10.2009doc 2 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: March 10, 2009 Petition: PVAR-0842-000007 Subject/Agenda Item. Petition PVAR-0842-000007: Accessory Structure Variance for 1029 Bedford Avenue Public Hearing & Consideration of Approval: A request by Ms. Julia Jackson for approval of a variance from the requirements of the City's Land Development Regulations, Section 78- 181(c)(3)(c), Detached accessory uses and structures, to allow for the placement of pool equipment within the rear setback, but not immediately adjacent to the principal structure. The Lake Catherine Planned Unit. Development is located north of Northlake Boulevard, west of MacArthur Boulevard, and south of Merrills Canal. Reviewed by: Originating Dept.: Growth Management: Interim City Project Attorney Manager R. Max Lohman, Esq. Pamela Chanitz Development Planner Compliance j [X] Quasi — Judicial Bahareh Keshavarz-Wolfs, [ ] Legislative AICP [X] Public Hearing Advertised: Growth Manag t` Administrator „n, [X] Required Kara L. Irwin, AICC I [ ] Not Required Senior February 27, 2009 Accountant_ Tresha Thomas Approved By: Affected Parties: City Manager [X] Notified [ ] Not Required Ronald M. Ferris FINANCE: N/A PZAB Action. [ ] Approval Costs$ $ N/A [ ] Approval w/ conds. Total [ ] Denial [ ] Continued to: $ N/A Current FY Funding Source: Attachments: ❖ Ordinance 30, 1989 [ ] Operating ❖ Specifications, [X] Other NA Florida Pools & Spas, Inc. ❖ Survey dated December 2,2008 Budget Acct.#: and sealed January N/A 12, 2009 Letter dated June 1552007 r- Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 EXECUTIVE SUMMARY The subject petition is an accessory structure variance request for Lot 65 of the Lake Catherine Planned Unit Development (PUD). The requested variance will allow the Applicant to locate pool equipment within the rear setback of the property, but not immediately adjacent to the principal structure. Code requires such equipment to be located immediately adjacent to the principal structure when it is within a required side or rear setback. It is Staff s professional opinion that the requested variance does not meet all eight (8) variance criteria as listed in Section 78-53 of the City's Land Development Regulations (LDRs). BACKGROUND On October 19, 1989, the City Council approved the Lake Catherine Planned Unit Development (PUD) through the adoption of Ordinance 30, 1989 (please see attached). The residential community consists of 98 single-family and 200 multi -family residences, all one story, on an 85.92 acre site. The 5,227 square foot subject property is located at 1029 Bedford Avenue, within the Lake Catherine Planned Unit Development. The subject single -story residence has a front -load garage and consists of 1,847 square feet. The Applicant indicates that her home is a "Bedford" model. The subject site has an RM (Residential Medium) Future Land Use designation and is zoned as a Planned Unit Development Overlay District (PUD) with an underlying zoning of RL-2 (Residential Low Density District), On January 5, 2006, the City issued a building permit to Florida Pools & Spas, Inc., for the installation of a pool at the subject property. The documents submitted with the permit application show the pool equipment pad immediately adjacent to the south side of the house, approximately five feet from the east end of the structure (see attached). Development Compliance Staff visited the site on December 2, 2008, at the request of the owner, Ms. Jackson, who elicited Staff s opinion on the location of the pool equipment being proposed in this variance request. Staff advised the Applicant the proposed location did not comply with Code, and suggested several locations that would be in compliance with Code requirements. SITE LOCATION Lot 65 in the Lake Catherine community is located on the east side of Bedford Avenue. The subject lot is bounded on the north and south by residential homes and to the east by a twenty (20') foot maintenance easement for Lake Catherine, Tract ME-1, which is platted and recorded in Palm Beach County's Official Records Book and dedicated to the Bedford at Lake Catherine Homeowners Association (see attached survey). REQUEST The Applicant is requesting a variance to allow the installation of approximately 24 square feet of pool equipment in the rear setback, approximately 34 feet from the principal structure. 2 Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 The required setbacks for the subject lot are as follows: Required Setbacks for the Bedford Model at Lake Catherine PUD Left Side Setback/ Zero Lot Line 3 feet / 0 feet Right Side Setback / Zero Lot Line 7 feet / 0 feet Front Yard Setback for a Front Load Garage 20 feet Rear Yard Setback 15 feet Section 78-181(c)(3)(c), the section of the City Code governing the placement of pool equipment, reads as follows: Air conditioning compressors or other equipment designed to serve the principal structure may be located in any required side or rear setback. Such equipment shall be located immediately adjacent [emphasis added] to the principal structure, and shall allow at least three feet of yard that is free and clear of any machinery. Equipment of this nature shall be screened from view of adjoining properties. Land Development Regulations (LDRs) Section 78-158 (g), Residential Variances, allows owners of single-family homes within a Planned Unit Development (PUD) to apply for a variance to the applicable PUD development standards in lieu of a waiver to the development order for the entire community. DISCUSSION The Applicant states that the pool equipment is the subject of litigation contending that the equipment causes unreasonable noise, vibration, and drainage problems which constitute a nuisance. The pool equipment is not in a drainage easement, and the noise level was found by Code Enforcement Staff to be within the limits allowed by Code (see attached letter dated June 15, 2007), The Applicant further states that the City created a hardship for the Applicant by approving the installation of the equipment in a location that does not meet Code requirements. According to the City Attorney, City approval of a nonconformity does not relieve the owner from responsibility for mitigation. VARIANCE CRITERIA Section 78-53(b) provides that as a basis of approval, the Board must find that the Applicant complies with all eight (8) variance criteria. The following illustrates Staffs analysis of the required variance criteria: 1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. K Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 Applicant's Justification "This is a new structure where many of the other pools in the community were put in by the builder (e.g. 1027). " Staffs Findings DOES NOT COMPLY Staff finds that no special conditions or circumstances exist in this case. The lot layout for the 98 single-family homes in the Lake Catherine community are similar, and all lots are subject to the requirements of Section 78-181(c)(3)(c), 2. Hardship. The special conditions and circumstances truly represent a hardship, and are not created by any actions of the Applicant. Applicant's Justification "The current location of the pool equipment is the subject of litigation by my neighbors at 1027 Bedford Avenue. The neighbors contend that the pool equipment causes unreasonable noise, vibration and drainage problems which constitute a nuisance. During installation, the City of Palm Beach Gardens approved the location of the equipment, subsequently, upon final inspection the location was approved, even though it was moved from the permitted location on plans submitted with the application for the building permit. During litigation a City employee, Bahareh Keshavarz-Wolfs, Development Compliance manager, testified that the pool equipment should not have been approved by the City of Palm Beach Gardens, therefore, the City of Palm Beach Gardens Building Department has created the hardship by approving the installation of the equipment at a location which it now states does not meet City code. Ms. Wolfs testified that the City Building Official should not have approved the location upon final inspection on May 19, 2006, nor on April 9, 2007 post installation. She indicated that the changed location should have been submitted by the City's Building Official to the City's Land Development Department for approval and based upon sec. 78-191(3)c) [sic] the changed location would not have been approved. The new location has been agreed upon by the neighbors at 1027 Bedford Avenue and myself during mediation in an attempt to resolve this matter without further litigation. If the variance is not granted, I intend to add the City of Palm Beach Gardens as a part to this lawsuit due to its negligence in approving the location after on -site inspection which the City now contends does not comply with its code provisions. " Staff s Findings DOES NOT COMPLY Staff does not find justification showing a hardship exists for this request. There is nothing peculiar to the lot or structure that prevents the pool equipment from being located to meet Code requirements. While the applicant contends that approval by the building inspector of the current nonconforming location constitutes a hardship, it should be noted that the Building Division neither inspects for, nor enforces zoning regulations. Furthermore, according to the City Attorney, City approval of a nonconformity does not relieve the owner from responsibility for mitigation. L! Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 3. Literal interpretation: Literal interpretation of the provisions of this chapter would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the Applicant. Applicant's Justification "The neighbor at 1027 claim [sic] the current location interferes with the enjoyment of their property, constitutes a nuisance and had caused a decrease in property value. " Staffs Findings DOES NOT COMPLY This variance request seeks exception to a Code requirement that pertains to all properties in the City. Therefore, placing the pool equipment outside the setback, or inside the setback and immediately adjacent to the principal structure as required by Code would not deprive the Applicant of any rights commonly enjoyed by other properties in the same zoning district. 4. Special privileges: The grant of a variance will not confer upon the Applicant any special privilege denied to any other owner of land, buildings, or other structures located in the same zoning district. Applicant's Justi acation "The relocation has been approved by the Lake Catherine Home Owners Association." Staff s Findings DOES NOT COMPLY The City does not enforce homeowner association regulations. Since all properties in the Lake Catherine PUD are subject to the requirements regarding the placement of accessory structures, granting this variance would give the Applicant special privileges denied to other residents in the community. 5. Minimum variance: The variance granted is the minimum variance that will make possible the use of the land, building, or structure. Applicant's Justification "We are requesting the minimum variance. " Staffs Findings DOES NOT COMPLY It is Staff s professional opinion that the pool equipment can be located in accordance with the requirements of the applicable Code section without depriving the Applicant of the reasonable 5 Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 use of her property. Therefore, a variance request is not required. 6. Purpose and intent: The grant of the variance will be in harmony with the general intent and purpose of this chapter and land development regulations. Applicant's Justification "The purpose and intent is to abate an alleged public nuisance and maintain an esthetically [sic] pleasing positioning of the equipment for the benefit of the community. " Staffs Findings DOES NOT COMPLY It is the purpose and intent of this chapter to allow accessory structures provided they are located to insure compatibility and maintain aesthetics within communities and throughout the city. Granting this variance request would be contrary to the intent of this section in that the pool equipment would negatively impact the lake view. 7. Financial hardship. Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance. Applicant's Justification "This is a financial hardship because I am subject to a judgment for damages sustained by Joan and John Laguilis due to decreased property value; also, the cost of relocation and re- landscaping is approximately $14, 000.00. At the present time my insurance company, Liberty Mutual, and Joan and John Lagoulis will pay the costs of moving and re -landscaping as set forth in our Petition for Variance but, if the variance is not granted, it is possible that I will bear the total cost of the relocation and incur the judgment for damages. Staffs Findings DOES NOT COMPLY The Applicant proposes to move the pool equipment; thus, the associated costs are self imposed. Furthermore, this criteria specifically states that financial considerations are not to be considered as evidence of a hardship. 8. Public welfare: The grant of the variance will not be injurious to the area involved or otherwise detrimental to public welfare. Applicant's Justification "The relocation of the pool equipment will not be injurious to the public nor the residents of the community. " 6 Staff s Findings Meeting Date: March 10, 2009 Petition: PVAR-08-12-000007 DOES COMPLY While it is Staff s professional opinion that granting this variance request will negatively impact the aesthetics of the neighborhood, it will not otherwise be detrimental to the public welfare. FINDINGS OF FACT After detailed analysis, Staff finds that the proposed variance request is not consistent with seven (7) of the eight (8) criteria listed in Section 78-53 to be considered by the board in making its determination. 0 .v September 19, 1989 September 21, 1989 October 19, 1989 ORDINANCE 30, 1989 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "LAKE CATHERINE" ON CERTAIN LANDS LOCATED WITHIN THE CITY AND PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE MASTER SITE PLAN PREPARED BY gbs&h ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECTS, PLANNERS, INC., CONSISTING OF ONE (1) SHEET UNDER FILING DATE OF OCTOBER 19, 1989, ATTACHED HERETO AS EXHIBIT "B"; AND, ADDITIONAL REQUIREMENTS OF APPROVAL CONSISTING OF TWO (2) SHEETS DATED SEPTEMBER 18, 1989, ATTACHED HERETO AS EXHIBIT "C"; AND, SETTING FORTH REQUIREMENTS TO BE MET BY PETITION- ER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; REQUIRING PAYMENT OF IMPACT FEES TO THE CITY AND THE COUNTY OF PALM BEACH, REQUIRING PLAT APPROVAL; PROVIDING FOR PROCEDURE BY RESOLUTION FOR APPROVAL OF FINAL LANDSCAPING AND SIGNAGE BY THE CITY COUNCIL; PROVIDING FOR DEDICATION OF RECREATIONAL LANDS; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA* Section 1. A Planned Unit Development be and the same is hereby created upon the lands known as "LAKE CATHERINE" located within the City of Palm Beach Gardens, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. The said lands shall be developed in accordance with the Master Site Plan consisting of One (1) sheet under file dated October 19, 1989, with the City, prepared by gbs&h Architects, Engineers, Landscape Architects, Planners, Inc. which is attached hereto as Exhibit "B"; and additional requirements of approval consisting of Two (2) Sheets dated September 18, 1989, as set for in Exhibit "C" attached hereto. The usage permitted in said Planned Unit Development shall consist of 98 single-family residences and 200 multi -family residen- ces, all one-story, as laid out in the Master Site Plan. Section 2. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, all impact fees prescribed in the Palm Beach Gardens Code in accordance with the requirements thereof. In addition thereto, the Petitioner shall pay to the County of Palm Beach or its designated agent, all impact fees in accordance with the requirements of the Palm Beach County Code, Section 3. Prior to the issuance of the initial Building 0 Permit (building structure), Petitioner shall provide the City with v the approvals required from other governmental agencies and a perfor- mance bond, letter of credit or escrow agreement in requiste form approved by the City Manager in a sum of money to be determined by the City Engineer, which sum of money shall assure the completion of all infrastructures required as part of the Planned Unit Development. Section 4. Further, prior to issuance of the initial Building Permit, Petitioner shall obtain plat approval of the phase for which such permit is requested which shall be by subsequent Resolution of the City Council. However, prior to Platting, Petitioner may construct three (3) model units, with approval thereof by Resolution of the City Council. Petitioner shall be required to furnish a bond or a letter of credit in an amount to be determined by the City Engineer for removal of structures and paving and restoration of the site in the event Petitioner fails to do so upon expiration of time period for the temporary sales center. Section 5. Dedication of lands to the City for recreation as set forth in Exhibit "3" shall be in fee simple with no right of reverter, free and clear of all liens and encumbrances with title being certified by a Florida licensed attorney or title company as good and insurable with no lien exceptions. Section 6. Approval of the final Landscape Plan and sequencing, including landscape of common areas and individual resi- dential units, including sales center, and final signage including roadway signage, shall be reviewed and approved by the City Council by subsequent Resolution. No intervention or review of the Planning and Zoning Commission shall be required or the Site Plan and Appearance Review Committee, nor shall a public hearing or publication in a newspaper of general circulation be required prior to the adoption of such Resolution. Section 7. All references to Petitioner and/or Developer together with all requirements provided herein shall apply to and be binding upon its successors and assigns. Section 8. if any part or portion of this Ordinance are found to be void or defective, the remainder of the Ordinance shall remain in full force and legal effect. Section 9. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 10. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS a21 VS DAY OF SEPTEMBER, 1989. PLACED ON SECOND READING THIS /`60� DAY OF 1989. PASSED AND ADOPTED THIS �Y� DAY OF Z11989. MAYOR 00/ VICE-M1 V� r ATTEST: CITY CLERK AK i-OVED AS TO FORM, AND LEU11 ti1, )CIOENCY' i All CITY ATTORNEY r 0 b . COUNCILWOMAN COUNCILMAN COUNC II!aN EXHIBIT "A" BEING TWO PARCELS OF LAND LYING LN SGSIIUN 18, tOWHSOIP 42 50UT110 RANGE 43 EAST AND SE1RO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CONNIR ON tilt 5011111 LINE OF SECTION 18, TOWNSHIP 42 SOUT11, RANGE 43 LAST, THENCE NORtHTRLY ALONG THE NORTH -SOUTH OUARTIR SECTION LINE t0 A POINT ON SAID LINE PARALLEL t0 AND 310 FELT NORTHERLY FROM :MEASURED AT NIGHT ANGLES 10) ►HE EAStwMlll QUARTER 5ECIIOil LINE, EMERGE LASIENLY ALONG SAID PARALLEL LINE A DISTANCE OF 1037,71 FEET TO A POINT 1N III( PROPOSED LASICHLY NIGHT-OF-WAT LINE OF UNDER BOULEVARD, INENCE SUUIHERLYs MAKING All ANGLE Willi THE PRECEDING COURSE Of RV (ill's MEASURED FROM I:ISt 11t SOUTH .AND ALONG SAID PROPOSED LA$IERLY I1101,1-OF-WAY LINE OF (,ARULN UOULEVARO) A DISTANCE OF 1470 FELTI Il1LNCt LASIENLY, PARALLEL lu SAID EAST-i.EST QUARTER SECTION LINE OF SL0104 184 A DISTANCE Of 1)41,,Ij$ FLIT MORE OR LESS TO fill WtSItRLY (Ti4H1-OF-WAY L141 OF tilt CENTRAL AMU SuU1NCRN FLORIDA FLOOD CONTROL U114THILT CANAL C-17, INIHCt SOUTHWESTERLY AMU SOUTHERLY ALONG bAIO WIS ILOLY IT14H1•UF-WAr LINT. TO A POINT IN THE SOUTH LIRL OF SALO SLLTION 18, IHLNCt WISII14LT ALONG T,II SATO SOUTH LINE OF SECTION 18 10 111E QUABILR-SLCTIUN CORNER AFORESAID AND IRE POINT OF OLGINNING, LESS AND EXCEPT THE SOUTH 575.0 FEET THEREOF, TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER Of THE EASI HALF OF THE FIORTH-IAS1 QUARTER OF THE SOUTHWEST QUARTER OF SECTION I8. 1OW14SIlIP 47 ;;OUTH. RANGE 43 EAST, THENCE WESTERLY ALONG fiIE SOUTH LINE OF SAID IASI IIALF OF THE NORTHEAST QUARTER OF tiff SOIIIIIWLSY QUARTER 10 lilt !;OUIIMITST CORNER THEREOf1 THENCE 14DIIIIIERLY ALONG THE WEST LINt OF SAID iAST HALF OF TILE NORTHEAST QUARTER Of THE 50UTHWLSI QUARTER TO A POINT IN THE EAST-W(S► QUARTER SECTION LIIIE OF SAID SECTION I88 THENCE WESTERLY ALONG SAID EASI-WEST QUARTER SECTION LINE 10 tilt SOUIIIWEST CONNER OF THE SOUTHEAST QUARTER OF IRE NORIltWtSI QUARTER OF SAID SECTION 18, THENCE NORfiIERLY, ALONG IIIE WLSI L111E OF SAID ;,OUTIffAS1 QUARTER OF THE NORTHWtST UUANTFR, TO A POINT IN A 1.1111 PARALLEL IU AND 330 FEET NORTHERLY FROM IMLAbURtO At RIGID ANGLES 101 SAID EAST -WEST QUARTER SECTION LINT, SAID PARALLEL LINE BEING THE SOUTHERLY REGHT-OF-WAY LINE OF MERRILL CANAL Tilt TICE EAtsIERLY ALONG SAID PARALLEL LINE TO A POINT IN THE ►iUQtR-SO UTN OUARIfN SECION LIME Of SAID SECTION 181 THENCE 5OUTIIIRLY ALONG SALU NUNtII-SOU111 QOARIER SECTION LINE TO THE POINT OF OLGIN141%4 SU87ECT TO RIGNTS-OF'WAY AND EASEMENTS OF RECORD, CONTAINING 1N ALL 85,916 ACRESs MORE OR LESS, d7 IhU IU%1� w111_C0./E.,EC TEL 140GR4. ., U -7�5-3121 p� 1 CONDITIONS FOR LAKE CATHERINE 1. The applicant will provide a 10.99 acre park in a turn -key operation, constructed as shown of plan prepared by OBS&H received by the City on including the following: A. Pour (4) tall Fields. B. Parking. C. Irrigation. D. Seating. city d ' palm Beach Gardenf 0 C T 19 1989 PLANNING 6 ZONING site to the City I the master site October 19, 1969 The four (4) ball fields shall be completed by March 1, 1990, or as soon thereafter as is possible provided all permits can be obtained from competent agencies. The balance of the park (shall be completed by July 1, 1990. The storage and rest room facilities (including concession stand and scoring tower) shall be Constructed by applicant in accordance with plans to be ap- proved by the City. The applicant shall be responsible for no more than $35,000.00 of the construction cost of the storage and rest room facilities. ' Any additional cost for these facilities shall be paid by the City. The 10.79 acre park on the east side of MacArthur Boulevard shall be Conveyed to the city within 90 days of approval of the PUD ordinance. 2. The park site described above will have two entrances on MacArthur Boulevard in accordance with the master site plan. 3. A northbound left -turn lane shall be provided at the residen- tial project entrance on MacArthur Boulevard. The design of the left -turn median opening shall be approved by the city Engineer prior to any plat approval. 4. TWO 2) egress lanes, one left -turn and one right -turn, shall be, provided at the residential project exit on MacArthur Boulevard. 5. At the Silverthorne Road entrance, one ingress and one egress lane shall be provided. 6. Additional right-of•way, not in excess of twenty (20) feet, shall be provided where needed along the entire length of Silver- thorne Road where it abuts this project. The applicant will not be required to dedicate this additional 20* to the existing right-of-way of Silverthorna Road if the City is supplied with 'a written waiver from the county as to any additional need for this right-of-way prior to final plat approval. R 7. The 5-acre site as shown on the master plan as lying on the east bank of Lake Catherine will remain in its present state, No change from current use. 8. The extension of the two-lane configuration northbound on MacArthur Boulevard (north of Northlake Boulevard) and discussed on page 13 of the traffic analysis of June 1989 by Kimsey -Horne, shall be constructed prior to the issuance of any Certificate of Occupancy for residential units of the project. 9. A berm shall be installed along both sides of MacArthur Boulevard on the lands described as part of this application. A fence shall be included in the berm located on the west side of MacArthur Boulevard. Landscaping in type and amount to reasonably screen the fence shalt be installed. 10. The applicant will be required to dedicate to Palm Beach County a replacement drainage ditch for the ditch presently located in the northwest corner of the residential project if the present drainage ditch is filled or impeded, so as to continue to serve as an outfall for the existing development west of the residential project. 11. The applicant will be required to honor the intent of an existing drainage easement that conveys storm water from Northlake Boulevard to the Earman River by providing conveyance of this storm water by way of the project's storm drainage/water management system. Appropriate drainage easement(s) shall be shown on applicant's plat(s). 12. The developer shall relocate twelve (12) Sabal Palms and four (4) Live Oaks from on -site, not shown to be protected, to one or the other dedicated City lands (location to be determined by Doug Hood, Director of Parks and Recreation). 13, Prior to any clearing or grading all trees to be saved, as shown on the Master Plan, will be protected by barriers acceptable to the City Forester. 14, The Oak Trees not saved and the protected Oaks,(ones to be preser- ved) that are killed due to the construction or relocation efforts, will be replaced on -site using the following contingency$ a. Three (3) inches of new tree caliper will be replaced for every one inch caliper lost. b, Each new tree shall have a minimum of three-inch caliper at D.B.H. (i.e. four feet above ground). 15. The City of Palm Beach Gardens will help the developer clean up the canal located near the most western boundary of the site, if it is requested within three (3) years of this final approval, 16, There shall be a tree preservation and tree protection clause in the propertyowner's association documents, 17. The pathway along the one side of the road in the single-family area shall be 5' as it is in the multi -family area, and as shown on the master site plan. 18, The pathway along the one side of the main roadway into the pro- ject shall be 6' as shown on the master site plan. 19. A 6' pathway shall be included on the east side of MacArthur Boulevard through the 10.79 acre tract as shown on the park site plan, and a 6' pathway on the west side of MacArthur Boulevard from the pro- ject entgrance north to the south of the Earman River. 20. The exterior rear elevations of the single-family units shall not be the same from one unit to the next nor shall the colors be the same. 21. The 5 acre park site on the east side of Lake Catherine and the Lake Catherine lake bottom, all as shown on the master plan, shall be conveyed to the City of Palm Beach Gardens. The applicant shall con- vey the 5 acre park and the lake bottom by dedication to the City on the plat of the development. 22. The applicant shall obtain a water quality study of Lake Catherine prior to the commencement of construction and provide a copy of said study to the City of Palm Beach Gardens. -� CITY OF PAI,,.EACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410 w Phone: (407) 775-8252 FROM THE DESK OF JEAN LONG Deputy City Clerk 11/28/90 Attachment to Ordinance 30, 1989 Lake Catherine PUD The above -referenced Ordinance approved a total of 298 dwelling units (200 multi -family and 98 single family). After approval, field calculations indicated that two dwelling units must be eliminated. Two single- family units were deleted from the site plan and the plat, however, the site data and the Ordinance still show 98 single-family units. Ur1-1'3- 6:0 IHU 10:1_ . !Q$.TH HN11_1_.u. /E, EC TEL HO:FH. I -7 7 5— 9121 CONDITIONS FOR LAKE CATHERINE 1. The applicant will provide a 10.79 acre park in a turn -key operation, constructed as shown oz plan prepared by OB5&H received by the City on including the followings A. Four (4) Bali Pielda. 8. Parking. C. Irrigation. D. Seatinga 2 3 Ceti of Palm Beach Gardend OCT 19 1989 PLANNING ZONING site to the City I the master site October 19, 1989 The tour (4) ball fields shall be completed by March 1, 199o, or as soon thereafter as is possible provided all permits can be obtained from competent agencies. The balance of the park shall be completed by July 11 1990s The storage and rest room facilities (including concession stand and scoring tower) shall be constructed by applicant in accordance with plans to be ap- proved by the City. The applicant shall be responsible for no more than $25,000.00 of the construction.cost of the storage and rest room facilities. Any additional cost for these facilities shall be paid by the City. The 10.79 acre park on the east side of MacArthur Boulevard shall be conveyed to the City within 90 days of approval of thv PUD ordinance. 2. The park site described above will have two entrances an MacArthur Boulevard in accordance with the master site plan. 3. A northbound left turn lane shall be provided at the residen- tial project entrance on MacArthur Boulevard. The design of the left -turn median opening shall be approved by the City Engineer prior to any plat approval. 4. Two (2) egress lanes, one left -turn and one right -turn, shall be. provided at the residential project exit on MacArthur Boulevard. 5. At the Silverthorne Road entrance, one ingress and one egress lane shall be provided. 6. Additional right-ot way, not in excess of twenty (20) feet, shall be provided where needed along the entire length of 9iiver- thorne Road where it abuts this projeot. The applicant will not be required to dedicate this additional 20' to the existing right-of-way of silverthorno Road if the City is supplied with a written waiver from the County as to any additional need for this right-of-way prior to final plat approval. 1 7. The 5-acre site as shown on the master plan as lying on the east bank of Lake Catherine will remain in its present state. No change from current use. 8. The extension of the two-lane configuration northbound on MacArthur Boulevard (north of Northlake Boulevard) and discussed on page 13 of the traffic analysis of June 1989 by Klmley-Horne, shall be constructed prior to the issuance of any Certificate of Occupancy for residential units of the project. 9. A berm shall be installed along both sides of MacArthur Boulevard on the lands described as part of this application. A fence shall be included in the berm located on the west side of MacArthur Boulevard. Landscaping in type and amount to reasonably screen the fence shall be installed. 10. The applicant will be required to dedicate to Palm Beach County a replacement drainage ditch for the ditch presently located in the northwest corner of the residential project if the present drainage ditch is filled or impeded; so as to continue to serve as an outfall for the existing development west of the residential project. 11. The applicant will be required to honor the intent of an existing drainage easement that conveys storm water from Northlake Boulevard to the Earman River by providing conveyance of this storm water by way of the project's storm drainage/water management system. Appropriate drainage easement(s) shall be shown on applicant's plat(s). 12. The developer shalt relocate twelve (12) Sabal Palms and four (4) Live Oaks from on -site, not shown to be protected, to one or the other dedicated City lands (location to be determined by Doug Hood, Director of Parks and Recreation). 13. Prior to any clearing or grading all trees to be saved, as shown on the Master Plan, will be protected by barriers acceptable to the City Forester. 14. The Oak Trees not saved and the protected Oaks (ones to be preser- ved) that are killed due to the construction or relocation efforts, will be replaced on -site using the following contingency: a. Three (3) inches of new tree caliper will be replaced for every one inch caliper lost. b. Each new tree shall have a minimum of three-inch caliper at D.B.H. (i.e. four feet above ground). 15. The City of Palm Beach Gardens will help the developer clean up the canal located near the most western boundary of the site, if it is requested within three (3) years of this final approval. 16. There shall be a tree preservation and tree protection clause in the propertyowner's association documents. N,- 17. The pathway along the one side of the road in the single-family area shall be 5' as it is in the multi -family area, and as shown on the master site plan. 18, The pathway along the one side of the main roadway into the pro- ject shall be 6' as shown on the master site plan. 19. A 6' pathway shall be included on the east side of MacArthur Boulevard through the 10.79 acre tract as shown on the park site plan, and a 6' pathway on the west side of MacArthur Boulevard from the pro- ject entgrance north to the south of the Earman River, 20. The exterior rear elevations of the single-family units shall not be the same from one unit to the next nor shall the colors be the same. 21. The 5 acre park site on the east side of Lake Catherine and the Lake Catherine lake bottom, all as shown on the master plan, shall be conveyed to the City of Palm Beach Gardens. The applicant shall con- vey the 5 acre park and the lake bottom by dedication to the City on the plat of the development. 22. The applicant shall obtain a water quality study of Lake Catherine prior to the commencement of construction and provide a copy of said study to the City of Palm Beach Gardens. THE 1,t * NI BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared who on oath says that she/he is Class, Adv. Mgr. J.J. Ilollenbec of The Palm Beach Post a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of in the the issues of ordinance 30, 1989 ... Court, was published in said newspaper in October 4, 1989 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the firsi publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount, rebate; commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ('\ n _ - /% A Sworn to and subscribed before me this 4 day of October A.D. 19_ 85 i ; - t r f" T1DA O v W Jo / i i4 N y Q � o lZ N N._ <�< C oo � W 6 O _ L 00 ° 9 OR Q i S N z Z w Q ui p ¢ � awZ amz Qgo LL m 20� h/iKk [/ArH,9R1h![= Edge °-� L . TRA6 T MC -/ r,a 20 vt9E�nl �sm't� rie 3e 6 246 P'P Pad �o✓4340 3 i Pool Efvip, .3• Z "3Qez 4'X6' /darble� rie i s 5creene .� _ \ PO�Endo5 re y a M •�i O cov Porch, 6` L OT A I� \ \ S �6 FxlS�ing COO Pad( 3•/' ��' y W `� Pool Flt4 GC)T 64 � C)� �5creoned) n M N `\y N ce v. 4 14 �^ I \ N C 4 y i O C n u 7XZI , z Pam. ti BEARINGS BASED ON THE CENTERLINE OF BEDFORD AVENUE BEING N0,2056'34"E «. GPS Land Surveying, Inc. JOB ORDER N0, SCALE: ADDRESS: 13833 WELLINGTON TRACE, E-41 #129 12-002-08 1 =20' 1029 BEDFORD. AVENUE WELLINGTON, FLORIDA 33414 DATE PG. PG.(s) PALM BEACH GARDENS, DEC. 2, 2008 1 OF 2 FLORIDA 33408 SURVEYOR'S REPORT 1.) THIS SURVEY WAS PREPARED WITHOUT BENEFIT OF A COMMITMENT FOR TITLE INSURANCE. 2.) UNDERGROUND UTILITY INSTALLATIONS, UNDERGROUND IMPROVEMENTS, FOUNDATIONS AND/OR OTHER UNDERGROUND STRUCTURES WERE NOT LOCATED BY THIS SURVEY UNLESS NOTED. 3.) UNLESS NOTED OR DEPICTED OTHERWISE, ALL PROPERTY CORNERS SHOWN WERE FOUND AND HAVE NO LS OR LB IDENTIFICATION OR SAID IDENTIFICATION WAS ILLEGIABLE. 4.) THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAINING TITLE INSURANCE AND FINANCING AND SHOULD NOT BE USED FOR DESIGN OR CONSTRUCTION PURPOSES UNLESS OTHERWISE STATED. 5.) THIS SURVEY IS PREPARED FOR THE EXCLUSIVE USE AND BENEFIT OF THE PARTIES LISTED HEREON. LIABILITY TO THIRD PARTIES CANNOT BE TRANSFERRED OR ASSIGNED. 6.) COPYRIGHT LAWS PROTECT THIS SURVEY. 7.) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS -OF -WAY AND/OR OWNERSHIP HAVE BEEN FURNISHED THIS SURVEYOR, EXCEPT AS NOTED. 8.) DIMENSIONS PREVAIL OVER SCALE. LEGAL DESCRIPTION:(AS FURNISHED BY CLIENT) I BOUNDARY AND IMPROVEMENT SURVEY OF: LOT 65, OF LAKE CATHERINE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 66, PAGES 24 THRU 30, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LEGEND L= ARC LENGTH ENC. ENCROACHMENT 44P = PLAT DIMENSION MENT PLANTER ASPHASPHALT (Md_ FINIS BENCH MARK BEGINNING B.M.B.M.= iI' FI ED FLOOR P.O. B. (C)= CALCULATED F.H. FIRE HYDRANT P.O.C.= POINT OF COMMENCEMENT C = CENTER LINE F.C.Y.= FOUND CONCRETE MDNUWENT P.C.= POINT OF CURVATURE G,D = CENTRAL ANGLE/DELTA F.I.P.&C= FOUND IRON PIPE R CAP P.R.C.= POINT OF REVERSE CURVE C.L.F.= CHAIN LINK FENCE F.I.R&C= FOUND IRON ROD A CAP P.T.= POINT OF TANGENCY CH.= CHORD F.P.K.= FOUND PARKER-Y,ALON NAIL R= RADIUS (RADII) C.B,= CHORD BEARING M.H.= MANHOLE R/W= RIGHT OF WAY CONC.= CONCRETE N&D= NAIL AND DISK S5/8 I.R.= SET $8 IRON ROD h CAP (LE.6781) CB.(S)= CONCRETE BLOCK (STRUCTURE) O.D.= OUTSIDE DIAMETER S/W= SIDF<WALK D.B. DDEED EED BOOK O.R.B.= OFFICIAL RECORDS BOOK T.B M.= TEMPORARY BENCH MARK (D)- OM OVERHEAD UTILITY UNE TYP.= TYPICAL DI= DRAINAGE INLET pG= PAGE U.P. VnL4Y POLL (POWER OR TELEPHONE) DH= DRAIN HOLE PVWT.= PAVEMENT W.C.= WITNESS CORNER Dl/w= DRIVEWAY F.C.P.= PERMANENT CONTROL POINT W.F.= WOOD FENCE ESM'T= EASEMENT F.R.M.= PERWANENI REFERiNCE WONuMENT W.M.= WATER METER ELEV = ELEVATION P,B.= PLAT BOOK - -' �'= HANDICAP PARKING SUBJECT PROPERTY SHOWN HEREON IS LOCATED IN FEDERAL INSURANCE ADMINISTRATION DESIGNATED FLOOD HAZARD ZONE AREA FLOOD ZONE 7' , AS PER THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 1299nnng R . DATED_ JANUARY 17, 1979 IQpS'TID"".�CP GPS Land Surveying, Inc. Y� ED 13833 WELLINGTON TRACE E-4, 1129 WELLINGTON, FLORIDA 33414 9� SV RV.Y I HEREBY CERTIFY THAT THE SKETCH OF BOUNDARY SURVEY CERTIFIED TO: SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 6IG17-6, SECTION 472.027, FLORIDA STATUTES. AARON P. JACKSON AND JULIA M. JACKSON FIELD DATE: SCALE: ADDRESS: DEC. 2, 2008 1' = 20 1029 BEDFORD AVENUE JOB ORDER NO. DRAWN BY: L%G(i, ///Z/09 PALM BEACH GARDENS, ` ,%pie 12-002-08 R.M. FLORIDA 33408 MARK W. TEE'PE', P.S.M. #4811 DATE F.B. PG. PG. PG.(S) NOT VALID WITHOUT SIGNATURE AND EMBOSSED SEAL OF FLORIDA LICENSED SURVEYOR DEC. 2, 2008 C? 1 1-2 C 2 OF 2 BUILDING DIVISION 0 .. 0 N. MILITARY *:.i +'A..' . 't'. EACH ' !' :NS FLORIDA ' '. a y. a: +:8 J Juno 1,.00.7 Michelle DeAngelis 2074 W. lndiantown Read, Ste. 200 Jupiter; FL 33.458 RE, 1029` Bedford Avenue Dear Ms:. DeAngelis: i appreciated the opportunity to speak with you recently regarding a construction and noise.complaint staff rec.elved In late March directed at the above referenced address. Pursuant to your request, 1 will attempt to present my understanding of the events and the actions we undertook following Ireceipt of the aforementioned crimplaint. In March of 2007 1 spoke. with three persons at the Building Division: counter who expressed: substantial concern regarding the construction :of a swimming pool at.1029 Bedford Avenue, and: speciific:ally the location of the pool equipment and the: noise the equipment generated.. Accordingly, 1. asked Chief Inspector Danielski. to visit the site: to determine whether or not the pool equipment had been located consistent with the construction documents, improperly, or In violation of any applicable code requirements. Several days later, Mr. D.anielski advised me :that he had visited: the site and inspected. the equipment. He noted thatthe equipment had been relocated siightly due to differing site conditions., but that overall the installationwas consistent with the plans and, to the best of his knbwledge, compliant with appiicable code requirements. Following receipt of Mr. Danielzki's report, I :asked the Code Compliance division to measure the noise being generated and advise me •if the equipment should be relocated on that basis. According to Code Compliance staff and the case investigation record, staff took rneasurements of the sound levels at the site can. April 3, 2007, and reported levels within the allbw.able ranges within City. code. Accordingly, Code Compliance staff found no violation evident:and closed any code onforcement activity on April g, 2007. k3ased upon these facts, it is nay proftassionaI judcJ:ment that the Swimming P-001 equipment lawfully permitted` and installed at 1029 Bedford compties withal# appiics:ble building, mechar icat, electrical and zoning code re.quirementc>: Please feel free to eontact me if I can assist you furtherin this, or any other matter. { may be reached by telephone during normal business hours at (561) 799--42.72, or by l=mail at the address, listed below, 1lV:ISO Offi�121 Cc: Scutt �aitieiski David Rsyes Todd Engle: file CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: March 10, 2009 PPUD-08-10-000002 SUBJECT/AGENDA ITEM Petitions: PPUD-08-10-000002: Dog Days Planned Unit Development (PUD) Public Hearing & Recommendation to City Council: A request by Brian Cheguis, on behalf of Dog Days Holdings, LLC, for rezoning from Research and Light Industrial Park (MI) to a Planned Unit Development (PUD) Overlay with underlying Research and Light Industrial Park (Ml) zoning district. The 1.21-parcel site is located 0.5 miles east of Military Trail on the south side of Burns Road adjacent to the west side of 1-95. [ X ] Recommendation to APPROVE with three (3) waivers and conditions of approval [ ] Recommendation to DENY Reviewed by: Interim City Attorney: R. Max Lohman Development Compliance: (:06J Bahareh K. Wolfs, AICP Growth Management Administrator: Kara L. Irwin, AICP Approved By: City Manager: Ronald M. Ferris Originating Dept.: Growth Management: Project Manager Richard AMerqo Senior Planner Planning Manager Jd— Natalie Wong, AICP [X] Quasi - Judicial [ ] Legislative [X] Public Hearing Advertised: Date: February 27, 2009 Paper: Palm Beach Post [X] Required [ ] Not Required Affected Parties: [X] Notified [ ] Not Required FINANCE: Finance Administrator: N/A Allan Owens Senior�tant: - h Tresha Thomas Fees Paid: [ X ] Yes Budget Acct.#: PZAB Action: [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial ( ] Public Workshop [ ] Continued to: Attachments: N/A • Project Application Project Narrative • Development Plans • Applicant's waiver justification • Resolution 185, 2003 • Cross -access easement Meeting Date: March 10, 2009 Petitions: PPUD-08-10-000002 BACKGROUND Dog Days has been operating as an animal kennel and grooming facility within the City for approximately five (5) years. Currently, the kennel building is located within the existing 7.42-acre site and is one (1) of four (4) buildings totaling 33,040 square feet of general industrial use. Originally, the site was developed in 1958 with two (2) buildings by John D. MacArthur for Van Dyke Machine and Tool Company to use the building for manufacturing. The final building received Site Plan approval on January 29, 1980. The subject building was purchased by Flowers Baking Company and used as a retail space for "day old" bakery sales for five (5) years. After that, Adolph Volk purchased the site, then known as Ra Co Arno, for lease to the Radio Corporation of America Inc. (RCA) to use as storage space. On November 6, 2003, City Council adopted Resolution 185, 2003, which approved a Conditional Use for the 7,800 square -foot animal kennel facility within the 7.42-acre parcel. Included in that approval were eleven (11) conditions of approval that will remain in effect. Currently, the applicant is requesting the parcel be rezoned to PUD to allow for the subdivision of the property and address the existing non -conformities that exist on -site. At the time of the Conditional Use approval, the applicant was leasing the building and site from the owner of the entire parent tract. Over the course of five (5) years, the owner of Dog Days, Mr. Stefan Gelch, has decided to permanently locate his grooming and kennel business. He approached the owner of the subject site, Mr. Carl H. Volk, and negotiated a deal to purchase the 1.21-acre portion of the property that his business is located on. LAND USE & ZONING The land -use designation of the site as shown on the City's Future Land -Use Map is Industrial (I). The site currently has a zoning designation of M1 (Research and Light Industrial Park). The applicant is requesting approval to rezone to a Planned Unit Development (PUD) Overlay/Research and Light Industrial Park (Ml) underlying zoning district. The zoning and land -use designations of adjacent properties are as follows: ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property MI (Research and Light Existing kennel facility and warehouse uses Industrial Park) I (Industrial) North PBG Business Park M 1 (Research and Light h I (Industrial) City of Palm Beach Gardens Industrial Park) South P/I Lilac Park P/I (Public/ City of Palm Beach Gardens (Public/ Institutional) Institutional) East Interstate 95 N/A N/A West Weiss School M1 (Research and Light I (Industrial) Industrial Park) It is staff s professional opinion that the proposed zoning of Planned Unit Development (PUD) with an underlying Research and Industrial Park (M1) zoning designation is consistent and compatible with the adjacent zoning designations surrounding the property. Furthermore, the requested zoning designation is 2 Meeting Date: March 10, 2009 Petitions: PPUD-08-10-000002 consistent with the proposed Future Land Use (FLU) of Industrial (I). TRAFFIC CONCURRENCY As part of the previous Conditional Use approval for the subject site, the applicant obtained traffic concurrency approval from Palm Beach County's Department of Engineering and Public Works on November 3, 2003 (please see attached letter). The applicant does not propose any changes to the existing uses on -site. PROJECT DETAILS The subject petition does not propose any changes to the Site Plan and Conditional Use that were approved through the adoption of Resolution 185, 2003. Cross -access easements have been established between the proposed Dog Days western property line and the Ra Co Amo parent tract so that Dog Days may have legal access to Burns Road, Site Access The proposed site plan provides for one (1) vehicular ingress/egress located at the northwest corner of the property line of the adjacent site. Cross -access easements have been established, and recorded, at Palm Beach County records to provide for vehicular flow between the parent parcel and the proposed Dog Days PUD (please see attached cross-access/ingress-egress easement agreement). Included in the easement agreement is language that requires the Ra Co Arno Inc., site to transfer the easement to the Dog Day Holding, LLC, when a demolition permit is issued for the existing building on -site. The transfer of the easement will ensure both properties will meet the required landscape buffer widths and setbacks on the proposed western property line. The City Attorney has reviewed said easement agreement and the language contained therein. Architecture The applicant does not propose any architectural changes with this request. N The applicant does not propose any changes with this request. Landscaping and Bu fers The applicant does not propose any alterations to the landscape improvements that were approved through the conditional use process. However, since the applicant proposes a rezoning, staff has identified that the proposed western property line does not meet the required landscape buffer width. Thus, the applicant has requested a waiver from Section 78-319(a), which requires an eight -foot wide landscape buffer (please see waiver section). Parking and Loading Zones The subject site provides 19 vehicular parking spaces and one (1) loading zone. The applicant does not propose any changes to the previously approved parking. However, during the review of the petition staff discovered that a waiver was needed for the parking area. City Code Section 78-315(b) requires a landscape island every nine (9) spaces. The previously approved site plan provides 10 spaces in a row. The applicant has requested a waiver from the Code requirement (please see waiver section). K Meeting Date: March 10, 2009 Petitions: PPUD-08-10-000002 Site Drainage The applicant does not propose any modifications to the existing drainage for the site. OPTED Compliance Crime Prevention through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has previously reviewed the site plan during the conditional use approval and provided conditions of approval contained within Resolution 185, 2003. Lighting The applicant does not propose any alterations to the previously approved site lighting. WAIVER REQUESTS The applicant is requesting the following three (3) waivers: Code Section Required/Allowed Provided Waiver/Deviation Recommendation Section 78- Minimum 8-foot landscape 85 Approval (1) 319(a) buffer required around 0' perimeter of the parcel Section 78-153 Minimum site area of 20 Reduction 18.79 Table 12 acres . 121 acres acres Approval (2) Section 78- 1 landscape island shall be 10 spaces in a 1 space 315(b) provided for every nine row without an Approval (3) spaces in a row island WAIVER CRITERIA Section 78-158 (1). Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. l . The request is consistent with the City's Comprehensive Plan. 2. The request is consistent with the purpose and intent of this section. 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. 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. 5. The request for one (1) or more waivers results from innovative design in which other minimum standards are exceeded. 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. M Meeting Date: March 10, 2009 Petitions: PPUD-08-10-000002 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. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. 9. The request is not based solely or predominantly on economic reasons. 10. The request will be compatible with existing and potential land uses adjacent to the development site. 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. WAIVER ANALYSIS "Please note that the applicant's waiver justification is attached to the staff report for your reference" (1) Applicant's Justification: The applicant is requesting a waiver from the Code that requires an eight - foot landscape buffer along the perimeter of the parcel. The applicant has stated in their project narrative that adding a landscape buffer at this time would be not be conducive because the adjacent property has, and still utilizes, the overhead doors and concrete pads along the east fagade of the adjacent industrial building. Staff s Recommendation: It is staff s professional opinion that the Applicant's request for relief from the Code requirement of an eight -foot is adequately justified. Staff recognizes that with the creation of the proposed western property line, and the shared access between the parcels, it would not be feasible at this time to install a landscape buffer. Staff does recommend a condition of approval that requires the applicant to install a landscape buffer for the entire length of the proposed western property line (see conditions of approvao. (2) Applicant's Justification: The Applicant is requesting a waiver from the Code that requires properties with a Research and Light Industrial Park (MI) zoning designation to be a minimum of twenty (20) acres. The applicant has stated in their waiver justification that the parcel of land is being created so the Dog Days business owner can purchase the land in fee simple ownership and become a permanent business in the City's corporate limits. Furthermore, the applicant states, "that the waiver request is subject to existing built conditions that can only be reconciled by way of relief being granted by City Council." Staffs Recommendation: It is staffs professional opinion that the applicant's request for relief from the twenty -acre minimum site area is adequately justified. Staff believes that the intent of the Land Development Regulations (LDRs) pertaining to Research and Light Industrial Park (MI) were intended to zone larger tracts that could support intense industrial uses. However, there are many other smaller permitted uses within the M1 zoning district which do not need a large amount of acreage to support the use. Staff believes that the proposed Dog Days PUD would be consistent with smaller Ml uses and would benefit to the City, allowing smaller M1 uses in the future to locate within the parcel. (3) Applicant's Justification: The Applicant is requesting a waiver from the Code Section that requires one (1) landscape island for every nine (9) vehicular parking spaces in a row. The applicant has stated that the conditional use approval also approved a site plan which met the minimum parking requirement to support the animal kennel use. Furthermore, the applicant states that the development exceeds the minimum landscaping requirements of the City and that significant upgrades to the site E Meeting Date: March 10, 2009 Petitions: PPUD-08-10-000002 were made during the conditional use approval process. Staff s Recommendation: It is staff s professional opinion that the waiver request to allow for more than nine (9) vehicular parking spaces in a row without a landscape island has been adequately justified by the applicant. Staff recognizes that the property does exceed the minimum landscape standards for the site. Due to existing site constraints, the addition of one (1) landscape island would cause a reduction in the required amount of parking for the site. STAFF RECOMMENDATION Staff supports the three (3) waivers requested by the applicant. The subject request will allow the Dog Days business to permanently locate within the City and the applicant will own the property his business is located on. The subdivision of the subject site will provide the Dog Days businesses the ability to own property in fee simple ownership. The subject petition will also help to address the existing non -conformities on site. Staff recommends APPROVAL of Petitions PPUD-08-10-000002 with three (3) waivers and the following condition of approval: City Forester • Within thirty (30) days of the removal of the building to the west of Dog Days, the applicant, successors and assigns shall install the required eight -foot wide buffer landscaping and irrigation per City Code and to the satisfaction of the Growth Management Department. rel CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: _Planned Community Development (PCD) x Planned Unit Development (.PUD) _Amendment to PCD, PUD or Site Plan _Conditional Use _Amendment to the Comprehensive Plan _Administrative Approval _Administrative Appeal Project Name: Dog Days _Annexation _Rezoning Site Plan Review _Concurrency Certificate _Time Extension _Miscellaneous _Other Date Submitted: October 09 2008 Owner: Dog Days Holdings LLC - Mr. Stefan Gelch Address: 4052 Burns Road PBG FL 33410 Applicant (if not Owner): Applicant's Address: 4052 Burns Road, PBG, FL 33410 Telephone No Agent: Cotleur & Hearing, Inc. Contact Person: Mr. Brian Chequis, Senior Planner E-Mail:. bcheguis(a)cotleur-hearing com Agent's Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, Florida 33458 Agent's Telephone Number: (561) 747-6336 x 127 Fax Number: (561) 747-1377 FOR OFFICE USE ONLY (Petition Number: Date & Time Received: Fees Received 'Application $ _ Receipt Number: Engineering $ Architect: N/A Phone Number: N/A Engineer: Keshavarz & Associates, Inc. umber: (561)689-8600 Planner: Cotleur & Hearing, Inc. Phone Number: (561) 747-6336 Landscape Architect: Cotleur & Hearing, Inc. Phone Number: (561) 747-6336 x 127 Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General LocationSubject property is located approximately 0.5 miles east of Military Trail on the south side of Address: 4052 Burns Road Palm Beach Gardens Florida 33410 Section: 12 Property Control Number(s): Acreage: Township: 42 52 - 42 - 42 - 12 - 00 - 000 - 5030 Current Zoning: M1 Range: Requested Zoning: 42 Flood Zone N/A Base Flood Elevation (BFE) — to be indicated on site plan Current Comprehensive Plan Land Use Designation: Existing Land Use: Industrial Industrial Requested Land Use: Industrial Proposed Use(s) i.e. hotel, single family residence, etc.: Existing Dog Day Care facility Proposed Square Footage by Use: N/A - Existing use to remain PUD/M1 Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A to this rPrniest Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} 1. Explain the nature of the request: The Applicant is requesting a PUD designation (to be obtained concurrently with a plat approval) for a +/-1.21 is currently utilized as an existing dog day care facility and is located along Burns Road in Palm Beach Gardens, Florida. 2. What will be the impact of the proposed change on the surrounding area? N/A - This application is requesting PUD Site Plan approval to an existing developed property with no site development impacts to the existing use. No site modifications are required as part of this request. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. See attached Justification Statement for specific responses to each of the City's Comprehensive Plan elements and the City's Vision Plan. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? N/A - This application is requesting PUD Site Plan approval for an existing developed property with no site development impacts to the existing use. No significant natural vegetation exists on this previously developed property located within the City of Palm Beach Gardens. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261, Land Development Regulations)? NIA - NO on -site. Improvements are proposed with this PUD request to an existing cipyPloped prp,pPrtg If any improvements arise as a result of review of this petition, they will not meet the minimum $1,000,000.00 vertical construction criteria as established by Chapter 78-261 of the LDRs pertaining to 6. Has project received concurrency certification? Yes, TPS was obtained with the original site plan approval for the dog daycare facility in 2003 November 03, 2003 (see PBC - TPS letter attached herein) Date received: Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0.5 mile(s) from the intersection of Burns Road & Military Trail X Burns Road on the _north, _east, _south, _west side of adjacent to the west side of 1-95 (street/road). Applicant's Certification I/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this application, a tachments, and application filing fees become a part of the official records of the City of Palm Beaci Gardens, Florida, and are not returnable. Applicant is: X Owner Optionee Lessee _ Agent Contract Purchaser Signature f Applicant Mr. Stefan Gelch Print Name of Applicant 4052 Burns Road Street Address Palm Beach Gardens, Florida 33410 City, State, Zip Code Telephone Number Fax Number E-Mail Address Statement of Ownership and Designation of Authorized Aaent Before me, the undersigned authority, personally appeared Mr. Stefan Gelch who, being by me first duly sworn, on oath deposed and says: 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting a Planned Unit Development (Site Plan Approval) in the City of Palm Beach Gardens, Florida. Brian Cheguis of Cotleur & Hearing, Inc. 3. That he/she has appointed to act as authorized agent on his/her behalf to accomplish the above project. Nar e of�Owner: Mr. Stefan Gelch 5�4t%) Zc MA 0 Signature f O neil By: Name/Title 4052 Burns Road Palm Beach Gardens, Florida, 33410 Street Address City, State, Zip Code P. O. Box Telephone Number City, State, Zip Code Fax Number E-mail Address Sworn and subscribed before me this My Commission expires: 9 1)_1�LC)ib ISr day of Notary Public VERONlICA MITCHELL NOW Pubic - Stale o1 Florida ".",v Commission EA pires Sey 12, 2010 commission # DD 594513 6or:ded BY Naaon:il ',rotary Assn. V Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit # Financial Responsibility Form The owner understands that all City -incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest -bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding invoices are paid. The owner/designee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management DepartmentiA the name and/or address of the responsible party changes at anytime during th applicatigp rovAow process. Owner Stefan Gelch Owner printed name DESIGNEE/BILL TO: Date 52-42-42-12-00-000-5030 Property Control Number — Mr. Stefan Gelch l r� Lift Des gne Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF f- 161( 0, COUNTY OF20f" I herey certify that the foregoing instrument was acknowledged before me this 21St day of i/1ccC s l- 20(A ) by `jVe tc n 6) e I CV) He or she is personally known to me or has produced -�k- it c,t/ab-3-is Lt as identification. V Notary public signature Printed name VERONICA MITCHELL Notary Public - State of Florida ,• • _%fly Commission Expires Sep 12, 2010 Con-frnission # DD 594513 Bonded By National Notary Assn. State of 16C=... at -large My Commission expires: i Cotleur& Hearing Monday, February 09, 2009 Dog Days Planned Unit Development Narrative Introduction: Florida Dog Day Care, Inc. (a.k.a. Dog Days), the Applicant, is requesting City of Palm Beach Gardens, City Council approval for a Planned Unit Development petition request for a +/-1.21 acre parcel of property located within the Ra Co Amo property located on the south side of Burns Road. The Applicant is concurrently seeking Plat approval for the subject +/-1.21 acre property in order to legally and functionally separate it from the parent parcel in ownership and proposed use. The subject site received City Council approval on November 06, 2003 by way of Resolution 185-2003 to allow for a Conditional Use dog kennel facility known as Dog Days located within the parent tract (as part of an existing industrial development). The Dog Days request shall seek certain necessary site development waivers as part of the petition in order to effectively separate it from the parent parcel. The Applicant has officially purchased the property as of December 2008, Background: Dog Days has operated as a small business in the City of Palm Beach Gardens for almost five (5) years, as a tax contributing business entity and good corporate neighbor along the Burns Road corridor. At the time of the Conditional Use approval for this dog kennel use, planning and zoning Staff required certain landscape, site development and architectural enhancements be completed in order to proceed with the operation of the facility. Florida Dog Day Care, Inc. fulfilled and to this day has maintained the property to the highest standards of quality. All site development and building code standards, (i.e. parking requirements, landscaping standards, access and building requirements) have been adhered to and the site remains an active business serving the dog care needs of residents of Palm Beach Gardens and surrounding communities. Planned Unit Development Request: The PUD request is being sought in conjunction with a request for Plat approval in an effort to convey in clear title and use the property to Florida Dog Day Care, Inc. This is the most appropriate way in which the subject +/-1.21 acre property can effectively be separated from the parent 7.41 acre Ra Amo Co property of which Dog Days comprises the northeastern quadrant of that parent property. The overall 7.41 acre parent parcel does not have a site plan of record nor is it platted. The Dog Days site has direct access from Burns Road and possesses 19 parking spaces which are used to support the use. Appropriate cross access agreements shall be established to allow for unfettered vehicular flow between the parent tract and the subject property and to ensure any future modifications to the parent tract over time will recognize and respect the cross -connectivity that has been established historically between existing buildings within the overall development. Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 The Applicant shall file concurrently with this PUD request a created +/-1.21 acre parcel and shall identify any/all encumbrances that exist or that will be created as a result plat. Project Contact All correspondence applicant: boundary plat of the newly applicable easements and of the creation of this new for this petition request should be directed to the Agent for the Cotleur & Hearing Inc. Brian Cheguis, Senior Land Planner 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Phone: (561) 747-6336 Ext. 127 Fax: (561) 747- 1377 Specific Request and Fees Planned Unit Development (Base Fee) Legal Escrow Advertising Fee GIS Open Space Review Fee Pre -Application Fee Engineering Escrow Total Fees $3,300900 $1,000500 $1,000.00 $300M $200.00 3 000,00 $8,800M The Proposed Use The existing tenant, Dog Days shall remain as this use was approved by way of Conditional Use approval. No modification to the existing use will occur as a result of approval of this request for Planned Unit Development approval. Landscaping All landscaping improvements were installed and have been maintained since the opening of the kennel facility. All site and landscape improvements are identified on the attached Plan as prepared by Cotleur & Hearing, Inc. A necessary waiver from the requirements of LDR Division 8, Section 78.319(a) is being sought as part of the request for PUD approval. This waiver is necessary as the Dog Days facility currently functions independent from the adjacent industrial buildings located on the parent property. The main point of ingress/egress and parking for Dog Days is located along the west side of the facility and is immediately adjacent to the east side of a non -related industrial building. The proposed PUD will not modify this existing physical site conditions as the approved Conditional Use Dog Kennel is fully operational. Creation of the new +/- 1021 acre lot will further ensure that at the time when the remaining portion of the parent tract is re -developed that non -conforming conditions will be brought into compliance with the City of Palm Beach Gardens Code of Ordinances and Land Development a Cotleur& Hearing 1934 Commerce Lane - Suite 1 - Jupiter, FL • 33458 561.747.6336 - 561.747.1377 2 C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content. Outlook\FW23 QVKC\Justifi cation statementPUD 2 09 2009.doc Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 Regulations. This waiver request is fully outlined and justified below. Growth Management Staff identified some minor landscaping issues that have since been addressed and corrected in order to satisfy DRO Staff concerns. Pedestrian Connectivity A existing sidewalk lines the south side of Burns Road along the frontage of the property. A pedestrian path has been furnished for the general public to be able to access the property and services from the public right-of-way. Parking The facility is limited by way of a condition within Resolution 185-2003 to a maximum of 50 dogs per day due to the amount of parking the facility has available. A total of 19 parking spaces exist on the subject property as well as a 40 foot by 12 foot wide loading zone. Architecture Not applicable to this request Signage Not applicable to this request Art in Public Places Not applicable to this request as it is an existing use and no new development is being requested. Traffic Concurrency The approved Conditional Use Dog Kennel facility received Palm Beach County Traffic Performance Standard approval (traffic concurrency) issued on November 03, 20034 See attached concurrency certificate. All other service provider utilities currently service the property as it is a functioning use. Waivers Requested The petitioner is requesting up to three (3) waivers from the City's Land Development Regulations (various sections as described and justified herein): WAIVER APPLICABLE SECTION CODE REQUIREMENT REQUESTED WAIVER DEVIATION FROM CODE REQUIREMENT Requesting removal of 1. MINIMUM required Relief of 8' in required LANDSCAPE Minimum of 8 foot landscape buffer landscape bufferyard with BUFFER AND landscape buffer along the west future installation of 17' buffer PLANTING Section 78- adjacent to non- property upon redevelopment of REQUIREMENTS 319 a residential uses boundary adjacent industrial property 2. MINIMUM SITE Section 78- Minimum Site Area Reduction of Relief of 18.79 acres to allow AREA 153, Table for Developments 18.79 acres for for an existing Conditional Use Cotleum Hearing 1934 Commerce Lane • Suite 1 - Jupiter, FL • 33458 561.747,6336 - 561.747.1377 3 C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content.Outlook\FW23QVKC\Justification statementPUD 2 09 2009.doc Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 12 in M1 Zoning minimum site to be modified to a PUD on a District is 20 acres area for property with an underlying M1 development on zoning designation property zoned M1 Landscape islands Eliminate —Landscape island parking island at Relief of one landscape island 3. LANDSCAPING required for every end of row of internal to the site per the IN VEHICULAR Section 78- nine (9) parking parking (internal originally approved Landscape USE AREAS 31 b spaces in a row to the property) Plan for the Conditional Use 1. Removal of Required Landscape Buffer (West Property Boundary). The Applicant is requesting the approval of the required eight (8) foot wide landscape buffer along the west property boundary. The Applicant will be able to develop up to one foot seven inches (17'of the western property boundary in the future upon redevelopment of the adjacent industrial property to the west. Creation of a new separately platted lot and Planned Unit Development will in no way change the existing physical condition of the parent tract or the site programming of the subject property. This request is made with the understanding that at the time the adjacent industrial property is redeveloped that the property owner shall provide the minimum landscape buffer necessary to allow for continued and unfettered access to the subject property and existing Dog Kennel use. The current configuration of the existing adjacent industrial building on the overall property is not conducive to adding the proposed minimum landscape buffer at this time as overhead doors and pads exist along the east fagade of that adjacent industrial building. 2. Minimum Site Area (M1 Zoning District — 20 acres) — Waiver to allow for the development of an existing approved Conditional Use (Dog Kennel Facility use) on a 1.25 acre parcel of land that possesses an M1 zoning district designation. The Applicant is requesting the approval of a waiver to allow for the continued operation of an existing approved Conditional Use Dog Kennel Facility on a proposed 1.21 acre property possessing an Research and Light Industrial Park Zoning District designation. The City's land development regulations have been developed to ensure that new industrial projects are developed on properties with enough area to support a the intended uses. In this instance the subject site possesses a Research and Light Industrial Park zoning district designation but has been developed to readily support the current Dog Kennel use with all required landscaping, parking and building requirements being met and exceeded to date. The effect of approval of this waiver will not expose the property to excessive development for any given use. Cotleur & a Hearing 1934 Cammerce Lane - Suite 1 - Jupiter, FL • 33456 561.747.6336 • 561.747.1377 C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content.Outlook\FW23QVKC\Justification statementPUD 2 09 2009.doc Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 3a Terminal Landscape Island Required for Every Nine (9) Parking Spaces The Applicant is requesting that the requirement to provide a terminal landscape island at the end of rows of parking spaces be waived for a landscape island located internal to the site and out of view of the adjacent rights -of -ways. The Applicant was approved for a conditional use Dog Kennel use in 2003 and due to site area constraints was able to provide the minimum amount of parking necessary to support the requested use. Significant additional landscaping was planted in the area of the proposed parking area, but not enough space was available to provide a terminal island and the plan was approved as presented. The Applicant has maintained a highly attractive site within an industrial development which exceeds the City's minimum standards for landscaping as prescribed in the City's LDRs. The Applicant cannot reduce the amount of parking available on the site to support the existing use. The landscape island is not readily visible from Burns road or from I-95 and is internal to the site. Waivers can only be granted by approval majority of the following listed criteria: from City Council and shall comply with a (1) The request is consistent with the city's comprehensive plan. The request to modify the zoning to Planned Unit Development is consistent with the Ci" Comprehensive Plan as the subject property that is being created is subject to existing built conditions that can only be reconciled by way of relief being granted by the Council. (2) The request is consistent with the purpose and intent of this section. The request is consistent with the intent of this section as the petition has been proposed so as to address (to the greatest extent possible) deviations in the standard site development standards as prescribed within the City's Land Development Regulations. (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 request is consistent with the Ci" above referenced goals, objectives and policies in that this property has been previously improved to the standards of the CoLand Development Regulations as part of a larger development. Approval of this request will not reduce the existing architectural, site and business improvements that have been realized with the existing use. (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 request will require no new or additional development. The development shall be brought into compliance with all applicable LDR requirements as is practical, Cotleur & Hearing 1934 Commerce Lane - Suite 1 - Jupiter, FL - 33458 561.747.6336 - 561.747.1377 5 C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content.Outlook\FW23QVKC\Justification statementPUD 2 09 2009.doe Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The request for the associated waivers results from the unique existing conditions which burden the subject property. Granting of the waivers will result in an existing development to continue to exist and operate as a free-standing operation and apart from the remaining larger development, (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. The request will not impact any natural lands or environmentally -sensitive lands, drainage and/or recharge areas or coastal areas (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. Public benefits include the continuation of the existing use under independent ownership, and continued tax resources for the City of Palm Beach Gardens (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. This condition has been previously satisfied with the previous Conditional Use approval associated with the existing use. (9) The request is not based solely or predominantly on economic reasons. The request is based on the ability of a small business owner to be able to own in a fee simple format the property on which his business is located. This will allow the owner to have more control over the property without outside interference from other parties. (10) The request will be compatible with existing and potential land uses adjacent to the development site. The request will not impact the existing use. (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 will not impact the surrounding area and will not change any existing conditions as they pertain to public health, safety and welfare. No site modifications are required as part of this request to modify the ownership under the new lot designation. Cotleur & Hearing 1934 Commerce Lane - Suite 1 • Jupiter, FL • 33458 561.747.6336 - 561.747.1377 6 C:\Documents and Settings\rmarrero\Local SettingsUemporary Internet Files\Content.Outlook\FW23QVKC\Justification statementPUD 2 09 2009.doc Dog Days — PUD Petition Request City of Palm Beach Gardens Submitted: October 09, 2008 Conclusion This request for a Planned Unit Development approval for a 1.21 acre parcel of land with an existing approved and operating Conditional Use Dog Kennel Facility is in harmony with the City's Comprehensive Plan and Zoning Code, and is consistent with the existing surrounding land uses. The request meets all adopted levels of service within the City. The Applicant is requesting three (3) necessary waivers which are minimal in nature when considered against the continued operation of this use and the service it provides the residents of the City and surrounding communities. The Applicant is anxious to work closely with Growth Management Staff and all reviewing agencies to expedite the review and approval of this request. C®tleur & Dearing 1934Commerce Lane - Suite I -Jupiter, FL - 33458 561.747.6336 - 561.747.1377 7 C:\Documents and Settings\rmarrero\Local Settings\Temporary Internet Files\Content.Outlook\FW23QVKC\Justification statementPUD 2 09 2009.doc Prepared by and Return to: Stephen S. Mathison, Esq. Stephen S. Mathison, P.A. 5606 PGA Boulevard, Ste. 211 Palm Beach Gardens, FL 33418 if i1 fit 1111 ii 11 ii 111 iif 11 V1 I II!! C;FN ..�?0Ch604Etoet71 RECORDED 12/30/2008 15:43:58 Palm Leach County, Florida Sharon R. Lock, CLERK & CQ?9PTROLLER Pgs 0787 - 793 t (7pg�_ ) CROSS-ACCESSJNGRESS-EGRESS EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of December, 2008 by and between RA CO AMO, INC., a Delaware corporation ("RA CO") and DOG DAYS HOLDINGS, LLC, a Florida limited liability ("DOG DAYS"). WHEREAS, RA CO owns that property described on Exhibit "A" attached hereto (the "RA CO Property"); and WHEREAS, DOG DAYS owns the property described on Exhibit "B" attached hereto (the "DOG DAYS Property"); and WHEREAS, the PRA CO Property and the DOG DAYS Property are contiguous; and WHEREAS, RA CO and DOG DAYS desire to establish a Cross-Access/ingress-Egress Easement for purposes of providing vehicle and pedestrian ingress and egress benefitting both Properties (the "Easement Area"), the sketch and legal description of which is attached hereto as Exhibit "C"; and WHEREAS, fee simple title to the Easement Area as of the date of execution of this Agreement is vested in RA CO and the Parties desire that upon development of the RA CO Property, the fee simple title to the Easement Area shall transfer to DOG DAYS. NOW, THEREFORE, for valuable consideration, the mutual exchange and receipt of which is hereby acknowledged, RA CO and DOG DAYS agree as follows: 1. RA CO hereby grants to DOG DAYS, all of its customers, clients, invitees, licensees, as well as to its successors and assigns, a perpetual non-exclusive Easement for vehicular and pedestrian ingress and egress, over and across the Easement Area parcel described on Exhibit "C". 2. DOG DAYS hereby accepts the Easement and acknowledges that same shall also benefit and be used by RA CO, its customers, clients, invitees, and licensees, as well as its successors and assigns, for vehicular and pedestrian ingress and egress. 3. DOG DAYS hereby accepts responsibility for maintenance of the Easement Area. 4. The Easement shall run with the land and be for a perpetual term, unless otherwise terminated by operation of law or by written termination executed by RA CO and DOG DAYS with the written consent of the City of Palm Beach Gardens, 5. Upon issuance of a Demolition Permit for demolition of that building located 4060 Bums Road, which is adjacent to the western boundary of the Easement Area, and recordation of an Affidavit in the Public Records of Palm Beach County, Florida, by DOG DAYS confirming demolition of said building, fee simple title to the Easement Area shall be deemed to be transferred from RA CO to DOG DAYS without necessity of any further action, written instrument, or other monument of title. 6. This Agreement shall inure to the benefit of and bind RA CO's and DOG DAYS' successors in title and may not be amended, except with written consent of the City of Palm Beach Gardens. IN WITNESS WHEREOF, RA CO and DOG DAYS have executed this Cross Access/Ingress-F.uress Easement Agreement this day of December 2008. Witnesses: RA CO AMO, INC., a Delaware corporation ame: .5 i uue ~HJni � Print Name: z:\d oc s\C e lch\CrossAccessAgree ment.12172008 By: Print Name: Its: Pry DOG DAYS HOLDINGS, LLC, a Florida limited liability company By: _ Print Its: 2 nett V\C\ -- STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, appeared Carl Volk, President of RA Cy AMO, INC., a Delaware corporation, personally known to me or who has produced .v�,� j�-,,�c as identification and who acknowledged executing the foregoing instrument. WITNESS my hand and official seal in the County and State aforesaid this '' day of , 2008. Mylfn0ssi$ vt r� =-m e 0 STATE OF FLORIDA COUNTY OF PALM BEACH NOTARY PUBL I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, appeared Stefan Gelch as sole member/managing member, of Dog Days Holdings, LLC, a Florida limited liak,ility comp ny, personally known to me or who has produced CC kc,ty` as identification and who acknowledged executing the foregoing instrument. hand and official seal in the County and State aforesaid this 2008. res. 0iNOTNYC14 INU I /Ar\ T rUDLIU 09W ALL VEN BY THESE PRESENTS THAT RA CO A,S{0, ifX, HE OWNQ OF THE LkNO SHO')" HEREON AS RA GO XiO BUSINESS PARK LYING N SFiTI©N 12 TOWNSHIP 42 SOUTt� P,NNGE 42 EAST, CITY OF F:ALGA BEACH GARDENS, PAL41 BEACH COUNTY, FLOROi,, BEING MORE P.1t?TICULAR?Y 6ESCRIBED AS FOLLCIIY . RECORDS OF FALhI 8F CC3UhTY ,F ORIJ THENkE NORTH 88' 29' 38" WZ`f ALONG VIO STTHERLY RICK OF WA( LINE AND PARE� WfTW THE NORTH LINE OF THE SOtilHEA,T QUART OF SAD SECiC\ 12� A ItTANCE OF 171, 3 FEET TO A POINT C4 THE WEST RiGtTf F WAY LINt OF INTERSTATE 1-95 AND THE POINT OF SEOWNINC OF THE HEREINA DESCRIBED PARCEL OF LAND. THF]ttE CONTINUE NORTH 880 29' 3$" WEST ALMS SAID Ruin OF WAY UHF, A DISTANCE OF 346:55 FEET TO A POINT OF CE}RVATURE OF A CURW CoN Art TO THE SR3UTHi HAVING A RADIUS OF 2160,00 FEE AND A CE;"I'IK ANGLE OF 0 W 58'; THENCE WESTERLY ALONG THE ARC OF &ND CURVE, A DISTANCE O 194.7 FEET; E DGARTING SAJO SOUTHERLY RMT OF WAY S 4 Oi' 30' 22" iz'*ST A MSTMry OF 57�109 FEET TO A POINT 0?i TIHE NORTt UNE O A g00 FDOT R TIT OF WAY q FOR THE MOMPSON RIVER, AS DESCRIBED V 6FFKUI Rrr%RDS 8 OX 1) 79,. PAGE �1-59, PUBLIC RIVER; A USTOF ANC OF 56�.43U�E� TOUF�tDPQI14TEONFTNEL�1EST MPFT GF� iIAYTLIM OF ING NTERSTATE NORTH ��35� 7HENC� D PtROiit� TIN? �NORT�HO}100 FOOT RIGHT OF WAY UNE NORTH 01' 3Y 35° EAST, A DISTANCE OF 179.49 FEET TO A POINT OF CURVATURE OF A C.IM COtrMT T6 THE �5T4 HAYNO A WfUS OF 3669,83 YE-9 AND A CENTRAL ANGLE OF 06% 16' 01 ", THENCE NORTHERLY AiONG SAID W, .ST RIGHT OF WXY U ET AND ARC OF SAID CUFNIE, A DISTA,hCE OF 401.41 FEET TO THE MiIT Of BEGINI41c CONTAINING IN ALL 322,588 SQUAJRE FEES OR 7,41 ACRES MORE OR LES:% LIr55 Aivl I "CEr I Inc FuLLOWI2�IG PARiCi±L. Ur L.1,Y1 A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH; RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE SOUTH 01'33'35'" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 3 .00 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SAID SOUTHEAST QUARTER, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 16850 PAGE 1583, OFFICIAL. RECORDS BOOK 821, PAGE 542, OFFICIAL RECORDS BOOK 1508, PAGE 255, OFFICIAL RECORDS BOOK 12088, RAGE 1039, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88`29'38" WEST, ALONG THE SAID PARALLEL LINE AND THE SAID SOUTHERLY RIGHT OF WAY LINE:, A DISTANCE OF 171.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE 1-95 I'S SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF --WAY MAP SECTION 93220-2402 AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND, THENCE NORTH 8629'38" WEST, CONTINUING ALONG THE SAID PARALLEL LINE ARID THE SAID RIGHT-OF�WAY LINE A DISTANCE OF 147.19 FEET; THENCE SOUTH OZ32122° WEST, DEPARTING THE SAID PARALL.EL LINE AND 1 THE SAID RIGHT-OF-WAY LINE, A DISTANCE OF 324.72 FEET; THENCE SOUTH 8629'38" EAST, A DISTANCE OF 173488 FEET TO A POINT ON THE SAID WEST RIGHT�OF-WAY LINE OF INTERSTATE 95, SAID POINT ALSO BEING A POINT ON A CURVE OF A NON_TANGENT CURVE, CONCAVE TO THE WEST, FROM WHICH A RADIAL LINE BEADS NORTH 89437'34" WEST AND A CHORD BEARS NORTH 02'10'00" WEST AND HAVING A RADIUS OF 3669.83 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05*04*52" A DISTANCE OF 325.44 FEET TO THE POINT OF BEGINNING, CONTAINING 52,904 SQUARE FEET OR 1.21 ACRES MORE OR LESS, LAND DESCRIPTION A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 124 THENCE SOUTH 01433'35" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SAID SOUTHEAST QUARTER, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1685, PAGE 1583, OFFICIAL RECORDS BOOK 821, PAGE 542, OFFICIAL RECORDS BOOK 1508, PAGE 255, OFFICIAL RECORDS BOOK 12088, PAGE 1039, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 88`2938" WEST, ALONG THE SAID PARALLEL LINE AND THE SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 171.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE 1-95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 93220-2402 AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE NORTH 88029'38" WEST, CONTINUING ALONG THE SAID PARALLEL LINE AND THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 147.19 FEET; THENCE SOUTH 02'32'22" WEST, DEPARTING THE SAID PARALLEL LINE AND THE SAID RIGHT-OF-WAY LINE, A DISTANCE OF 324.72 FEET; THENCE SOUTH .88'2938" EAST, A DISTANCE OF 173.88 FEET TO A POINT ON THE SAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 951 SAID POINT ALSO BEING A POINT ON A CURVE OF A NON -TANGENT CURVE, CONCAVE TO THE WEST, FROM WHICH A RADIAL LINE BEARS NORTH 89'3734" WEST AND A CHORD BEARS NORTH 02'10'00" WEST AND HAVING A RADIUS OF 3669.83 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05'04'52" A DISTANCE OF 325.44 FEET TO THE POINT OF BEGINNING. CONTAINING 52,904 SQUARE FEET OR 1.21 ACRES MORE OR LESS. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING THAT PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1685, PAGE 1583, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST; THENCE SOUTH 01'3335" WEST, ALONG THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 12 A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BURNS ROAD AS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1685, PAGE 1583, SAID RIGHT-OF-WAY LINE BEING PARALLEL TO AND 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 12; THENCE NORTH 88'29'38" WEST ALONG THE SAID SOUTH RIGHT--OF�WAY LINE A DISTANCE OF 222.71 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO ThE WEST, HAVING A RADIUS OF 3219.60 FEET, FROM WHICH A RADIAL LINE BEARS SOUTH 79022003" WEST AND .A CHORD BEARS SOUTH 10'27'43" EAST; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'20'28" A DISTANCE OF 19,17 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3219.60 FEET AND A CHORD BEARING OF SOUTH 07437325" EAST, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05620'08" A DISTANCE OF 299.82 FEET TO A POINT ON A LINE PARALLEL WITH AND 344.67 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID NORTH LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 12; THENCE NORTH 88429'38" WEST, ALONG SAID PARALLEL, LINE A DISTANCE OF 47.56 FEET; THENCE NORTH 01'30'22" EAST, AT RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF 295,92 FEET TO THE POINT OF BEGINNING, CONTAINING 7,734 SQUARE FEET OR 0.18 ACRES, MORE OR LESS. N E W o a4 DESCRIPTION & SKETCH PREPARED FOR: Exil RA CO AMO, INC. INGRESS/EGRESS EASEMENT FOR 1.21 ACRES LEGAL DESCRIPTION: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE SOUTH 01'33'35" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON A LINE 30,00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SAID SOUTHEAST QUARTER, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1685, PAGE 1583, OFFICIAL RECORDS BOOK 821, PAGE 542, OFFICIAL RECORD BOOK 1508, PAGE 255, OFFICIAL RECORD BOOK 12088, PAGE 1039, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88'29'38" WEST, ALONG THE SAID PARALLEL LINE AND THE SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 319.12 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 02'32'22" WEST DEPARTING SAID SOUTHERLY RIGHT—OF—WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 324.72 FEET; THENCE NORTH 88029'38" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 02'32'22" EAST, A DISTANCE OF 324.72 FEET TO A POINT ON THE SAID SOUTHERLY RIGHT—OF—WAY LINE AND SAID PARALLEL LINE; THENCE SOUTH 88'29'38" EAST ALONG THE SAID SOUTHERLY RIGHT—OF—WAY LINE AND THE SAID PARALLEL LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 3,247 SQUARE FEET OR 0,07 ACRES MORE OR LESS, SURVEYOR'S NOTES: 1. THIS SKETCH AND DESCRIPTION IS NOT A SURVEY. 2. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SKETCH THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN PERFORMED BY KESHAVARZ & ASSOCIATES, INC, 3, THE DESCRIPTION AND SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PORTIONS OF CHAPTER 61G17-6 MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472,027, FLORIDA STATUTES. 4, THE DESCRIP11ON TEXT AND THE SKETCH OF DESCRIPTION COMPRISE THE COMPLETE LEGAL DESCRIPTION, THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 5, THIS LEGAL DESCRIPTION AND SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY KESHAVARZ & ASSOCIATES, INC. 6. DATE OF LEGAL DESCRIPTION: 11/25/08 KESHAVARZ & ASSOCIATES, INC. SCOTT F. BRYSON U PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE No.: 5991 Keshavarz & Associates, h CONSULTING ENGRU ERS -SURVEYORS 711 N. Dixk Highway, Suite 201 west Patin BmI4 Florida 33401 T& (561) "9-M Fat (561) 689-7476 1B 4M PROJ.: 08-901 OFFICE: RAB CHK: SFB REVISIONS: DATE: 11/25/08 LEGEND C1L = CENTERLINE LLLH3 = LICENSED BUSINESS LS = LICENSED SURVEYOR ORB = OFFICIAL RECORD BOOK PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT POT = POINT OF TERMINUS ROW = RIGHT—OF—WAY UE = UTILITY EASEMENT LAE = LIMITED ACCESS EASEMENT d = DELTA ANGLE R = RADIUS L = ARC LENGTH C = CHORD LENGTH CH = CHORD BEARING SCALE: N/A DWG, No: A08-901-8 SHEET 1 OF 2 a� DESCRIPTION & SKETCH PREPARED FOR: RA CO AMO, INC. INGRESS/EGRESS EASEMENT FOR 1.21 ACRES P.O.C. NORTHEAST CORNER OF SOUTHEAST QUARTER. OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA BURNS ROAD O.R.B. 1685, PAGE 1583, O.R.B. 821, PAGE 542 I O.R.B. 1508, PAGE 255, O.R.B. 12088, PAGE 1039 —S88.29'38"E 2644.10'— I ! �—CENTERLINE OF BURNS ROAD AND NORTH LINE OF SOUTHEAST QUARTER OF 3 CENTER SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST c I SECTION 12/4242/42 � M .off N88.29'38"W 319.12) I M M ------ o ----------•-=aiJ V) P.o.B. SOUTH R/W LINE OF BURNS ROAD + S88'29'38"E 100001 >� f I I 1 1 0 90' INGRESS/EGRESS EASEMENT I . o I w • z I =� . w N N I M M N N N C%j N N M IND N z CD cn 10,00, 26.0' DRAINAGE EASEMENT PARCEL N88029'38"W O.R.B. 7983, PAGE 1788 10.00' 10.0' S.U.A. EASEMENT _ OR 5880, PAGE 1729 FKeshavarz &Associates, Inc.1 F 711 f L1'� ,, :: , FMda 33401 .0 • REVISIONS: DATE: 11/25/08 GRAPHIC SCALE ( IN FEET ) 1 INCH = 50 FT, SCALE: 1 "-50' M. No: A08-901_B SHEET 2 OF 2 Pro, ject Team Legal Description Bike Rack Detail ➢ROPER7YOWNER TRAFFIC ENGINEER RA CO AND SIMMONS AND WHITE 4100 BURNS ROAD SWI CORPORATE WAY. SUITE MI PALM BEACH GARDENS, FL 3MIO WEST PALM BEACH, FLORIDA 33407 PHONE: PHONE: 5664787BA8 FAX FAX 551i78.Vm CONTACT: MR. CARL H. VOIH & MRS. LINDA VOIH CONTACT: MR FOR RENNEBAUM PE. SUR✓EYORS ARCHITECT KESHAVARZ B ASSOCIATES, INC. JEFFREY A. ORNSTEIN, P.A. 711 NORTH DIXIE HWY. SUITE OM 15EPT 76TH TRAIL NORTH WEST PALM BEACH, FL 33W1 PALM BEACH GARDENS, FL 3341E PHONE. M1.6E98GX PHONE: 561 745 245 FAX: 5U-6697476 FAX: Uh-?"-7122 CONTACT: SCOTT BRYSON CONTACT: MR. JEFF ORNSTEIN, AIA AUTH0R/ZE0AGEN7S CIVIL ENGINEER COTLEUR & HEARING KESHAVARZ B ASSOCIATES, INC. 1934 COMMERCE LANE, SUITE 1 711 NORTH DIXIE HIM. SUITE 201 JUPITER, FLORIDA MUM WEST PALM BEACH, FL 33401 PHONE: SET 7476336 PHONE: 561-659 BC FAX. 561-7474CA6 FM. 561-6547476 CONTACT: MN BRIM CHEGUC CONTACT: PAR. RICK SERRkPP ➢TANNERS ANO UIN0SC4PEARCHITECT COTLEUR IT HEARING 1934 COMMERCE LANE, SUITE I JUPITER, FLORIDA 33458 PROBE: 581-747.6336 FAX: MI-747-1377 CONTACT: MR. BRIAN CHEGUIS Site Data A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICUWILY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE SOUTH 010 33' 35" WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1508, PAGE 255 AND IN OFFICIAL RECORDS BOOK 12098, PAGE 1039, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 880 29' 38" MST, ALONG SAID SOUTHERLY MIGHT OF WAY LINE AND PMALEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 171.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE 1-95 AND THE POINT OF BEGINNING Of THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 880 29' 38" WEST ALONG SAID ROTH Q WAY LINE, A DISTANCE OF 346.55 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 21 WIN FEET AND ACENTRAL ANGLE OF 05009 SB'; THENCE WESTERLY ALONG THE MC OF SAID QIRVH, A DISTANCE OF 194.75 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY SOUTH 010 3V 22' WEST, A DISTANCE OF 570.09 FEET TO A POINT ON THE WORTH LINE Of A IDS FOOT RIGHT OF WAY FOR THE THOMPSON RIVER, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 880 22' 05" EAST ALONG THE NORTH RIGHT OF WAY LINE OF SAID THCV+l RIVER, A DISTANCE OF 562.43 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE I-95; THENCE DEPARTING SAID NORTH ISO FOOT RIGHT OF WAY LINE, NORTH 010 33' 3S" EAST, A DISTANCE OF 179.49 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3669.83 FEET AND A CENTRAL ANGLE OF D60 16' 01"; THENCE NORTHERLY ALONG SAID VAST RIGHT OF WAY LINE AND ARC OF SAID CURVE, A DISTANCE OF Q1,41 FEET TO THE POINT OF BEGINNING. TOWNSHIP 12S, RANGE 42E, SECTION 42 LAND USE DESIGNATION INDUSTRIAL EXISTING ZONING DESIGNATION: M1 CITY OF PSG PETITION NO.: TBD FEMA FLOOD ZONE PANEL NO: 1202210002E SQUARE FEET ACRES TOTAL SITE AREA 52,903.6531 1.21 PROPOSED USES - DOG KENNEL 7,785 SF MAXIMUM BUILDING HEIGHT (LDR) 50 FEET BUILDING STORIES 1 STORY PHASING 1 PHASE NUMBER OF BUILDINGS 1 BUILDINGS TYPE OF OWNERSHIP PRIVATE SQUARE FEET ACRES PERCENT OPEN SPACE REQUIRED REQUIRED REQUIRED MINIMUM OPENSPACE REQUIRED BY CODE FOR M1 7935.5480 0.18 15.00% TOTAL OPEN SPACE PROVIDED 28986.6931 1.05 54.79% PERVIOUS SQUARE FEET ACRES PERCENT PERVIOUS 28986.6931 0.62 54.79% SUBTOTAL 28986.6931 1.05 54.79% IMPERVIOUS BUILDING LOT COVERAGE 7785,2225 0.18 14.72% VEHICULAR USE AREAS 14504.8532 0.33 27.42% WALKS, ENTRY PLAZAS, SIGNS AND WALLS 1626.8843 0.04 3.08% SUBTOTAL 23916.9600 1.96 45.21% TOTAL 52903.6531 3.01 100.00 % PARKING CALCULATIONS REQUIRED PROVIDED DOG KENNEL (5,229 SF) 19 19 WAREHOUSE (2,556 SF) 3 3 TOTAL HANDICAP (INCLUDED IN TOTAL) 1 1 TOTAL 22 22 LOADING SPACES REQUIRED PROVIDED WAREHOUSE 1 1 PEDESTRIAN AMENITIES REQUIRED PROVIDED BIKE RACKS (5%OF REQUIRED PARKING) 2 BIKE SPACES 2 BIKE SPACES TRASH RECEPTACLES 1 0 BENCHES 1 0 Genera/ Notes ALL STRIPING, EXCLUDING PARKING STALLS, SHALL BE INSTALEED VBTH THERMOPLASTIC MATERIALS IN ACCORDANCE W TH SECTION 78-344 OF THE LEE. ALL HANDICAP ACCESSIBLE RAMPS SHALL MEET ALL MLLICMLE LOCAL AND REGIONAL STATE ACCESSIBILITY GUIDELINES AND REGULATIONS. ANY MODIFICATIONS SHALL BE APPROVED BY THE ENGINEER -OF -RECORD. Minimum Bui/dingy Setbacks REQUIRED PROVIDED FRONT 25.0 FEET 47.6 FEET SIDE 15.0 FEET 98.9 FEET SIDE ( STREET FACING) 15.0 FEET 56.0 FEET REAR 20.0 FEET 67.3 FEET Hancap Sigd Sym n anal Detai dil A NOTE: SYMBOL TO BE 4" WIDE WHITE TRAFFIC PAINT ON PAVEMENT OR COLORED PAVERS. TYPICAL @ ALL HANDICAP STALLS POST zol COLORS: TEXT & BORDER - GREEN SYMBOL - WHITE ON BLUE BACKGROUND WHITE IV S.U.A. EASEMENT O.R.B. 5880, PAGE 1729 26.0' DRAINAGE EASEMENT PARCEL O.R.B. 7983, PAGE 1788,\L r ... __.___.._.. is _._..... _... _ �_._ .... IIi i i j 10' OFFSITE INGRESS/EGRESS \V� EASEMENT, D.R.B. 23013, PAGE 787 2 r _. �I I 35'X 12' > MANEUVERING z I AREA o f--- 37.6' U 40' X 12'kI O 1 1 LOADING AREA \\\�' DUMPSTER AX E%IsiLNG 10' ASPHALT — EXIST. CONCRETE RVAP OGV.N OR O'CR I I 1 25'LAN DSCAPE \ BUFFER \ — — 1FGAS EASEMENT — _ _ _ _ O.R.B. 5365, eAGE 1889 Q — — S.U.A. EASEMENT O.R.B 1685, PAGE 1583 � \ 15'S.U.A. EASEMENT O.R.B. 5880, PAGE 1720 — — — — — __... .. ........ ..... -.. — Y3' F.P.L. EASEMENT O.R.B 1323, PAGE 173 I 10.0' S,U.A. EASEMENT D.R.S. 5880, PAGE 1729 CORD. FILLED 6' DIA. STL BOLLARDS r121DIA X 29' DEEP COH4 FIG. I TYP OF 5 All 8•, 16=3" 3' 6' 3' /G IC CMU WI#51N 8 GROUT FILLED CEL S 48'oc. nlAx. ww oG DUVFSTER BUMMER 4'DIA. STL GATE FORT IN 12'DIA. X30' DEEP CORD FTG. CRASH CHNN (OR OTHER POST TO BE DOUG. FILLED FENCE STOP DROP RODS W/ METHOD) TO STOP DOOR (HOLES FOR RODS IN BOTH FROM BREAKING HAGE. TYP. OPEN & CLOSED POSITIONS) H=NO2 TEXZ)TE HIER (MATCH BLBG5) I-95 STANDA 6' 0- H. I W/1X61 SUBMIT Dumpster Enclosure Detail PLANT LIST: SUA DE TOTAL POINTS QTY STM BOTANACAL NAME CANOPY AND FLOWERING TREES 5 15 33 QV* VIRGINITE A 95 4 15 3 TAM* TABESUS NTALTIAARGErtiEH ORNAMENTALTREES 10 5 3 LI*. 1AGERSTRO 15 S 3 LUKIDUM LIGUSTRUM LIKIDUM S PALMS 13.2 3.3 9 ENS COCUS NUCIFERA GREEN MfJAS 66 0,6 3.3 5 CN9 COCUS Nl1CIFERA GREEN 79.5 15.9 S PEA PTYCHOSPERMA ELEGFJS SHRUBS 1 218 CI' CHRYSOBALNJL15 32 32 ETRA 12 110 1 110 110 48 48 98 9 9 98 1 98 VW* LABURNUM OBOVATUM'\VACATE EN ACCENT PLANTS 11 1 11 CRINUMOROW AUGUSTINAUS-QUEEN EM! 10 1 10 T14* CO0.0Yl1NE TERMINALIS'BLAIX GRDUNOCOVERS OU 90 1 90 EUP E.F.)STIAMR31RUMSECUR 3II.5 0.025 IIS00 SOD (SF.) STDVOTFRNRUM SECUNDP 1,424.80 TOTAL POINTS PROVIDED •NATIVE PLANT MATERIAL ** PREFERRED SPECIES LIST I48TIL- Ith4a19aELEAvat CV** CODIAEUM VAR.'PETRA')'CORKSCREW FS FORESTIEM SEGREWTA IVY ILEX VOMITORIA SAV $CHEFFLERA PRBORICOLA TIllNETfF VA VIBURNUM OOORATI551lAUM'AIVABUp CROTON (MIX) 43, Tx 2' 3' O.C. FLORIDA PRIVET 43, 2'x 2' 3'O.C. DWARF YAUPoN HOULY 93, 12'x12" T O.C. DWARF VARIEGATED SGHEFFIERA e3 LYXl.2- 2'O.C. MIRROR LEAF VIBURNUM 47. 4'xT 2'O.C. Fi Nam. liERf3-g19 LANDSCAPE RE UIREMENTS CATEGORY REQUIREMENT REQUIRED PROVIDED Open Space Area 14.204 s.f. (40 % of site) Water Area 0I f. Landscape Area 14,204 s.f. 40 % Open Space = 9.5pts. per 100 s.f. 1,349.38 pts. 1,424.80pts. GENERAL NOTES: ALL PLANT MATERIAL SHALL BE FLORIDA NUMBER 1 OR BETTER AS DEFINED BY THE DIVISION OF PLANT INDUSTRY' GRADES AND STANDARDS' LATEST EDITION. THE LANDSCAPE CONTRACTOR SHALL NOT MAKE ANY SUBSTITUTIONS OR CHANGES WITHOUT THE AUTHORI2ATION OF THE CITY OF PALM BEACH GARDENS, THE OWNER AND THE LANDSCAPE ARCHITECT. THE LANDSCAPE CONTRACTOR SHALL REVIEW THE PROJECT DRAINAGE AND UTILITY PLANS PRIOR TO CONSTRUCTION AND AVOID ALL CONFLICTS. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES PRIOR TO COMMENCING WORK, TREES SHALL BE POSITIONED TO AVOID CONFLICTS WITH SITE LIGHTING. ALL LANDSCAPE SHALL CONFORM TO THE REOUIREMENTS OF THE CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS. ALL ABOVE GROUND UTILITIES LE. TRANSFORMERS, SWITCH BOXES, AG CONOENSORS AND ALIKE SHALL BE FULLY SCREENED FROM VIEW ON THREE SIDES WITH LANDSCAPING. THE LANDSCAPING SHALL EXTEND ONE FOOT HIGHER THAN THE TALLEST POINT OF SAID EQUIPMENT AT TIME OF PLANTING. ALL TREES SHALL BE LOCATED WITMN A MULCH PLANTING BED WITH A MINIMUM OF 1WO (2) FEET OF CLEARANCE TO ME EDGE OF THE BED. ROOT BARRIER IN ACCORDANCE WITH SEACOAST UTILITY AUTHORITY (SUA) CRITERIA. SHALL BE PROVIDED FOR TREES AM PALMS ADJACENT TO SUA UTILITIES. SHADE TREES SHALL BE NO CLOSER THAN 15- FROM SUA UTILITIES UNLESS AN APPROVED 4C ROOT BARRIER IS PROVIDED. NO SOME TREE WILL BE PEWATETED CLOSER THAN 10' FROM SUA UTILITIES. PALM TREES SHALL BE NO CLOSER THAN 1P FROM SUA UTILITIES UNLESS AN APPROVED 4&' ROOT FARRIER IS PROVIDED. NO PALM TREE WALL BE PERMITTED CLOSER THAN T FROM SUA UTILITIES. ALL SOD SHALL BE STENOTAPHRU81 SECONDATUS'FLORITAAI' (ST AUGUSTINE SOD) TREES WITHIN PLANTING ISLANDS LESS THAN FIVE (5) FEET IN WIDTH SHALL BE LOCATED TO AVOD CONFLICTS WITH THE OVERHANG OF VEHICLES. TYPE D OR F RAISED COMPETE CURBING SHALL BE PROVIDED AROUND ALL PLANTING ISLANDS WITHIN VEHICULAR USE AREAS, TREES AT ENTRANCE WAYS AND WITHIN SIGHT TRIANGLES SHALL BE TRIMMED IN SUCH A FASHION TO MINIMIZE SITE VISIBILITY CONFLICTS. CLEAR VISIBILITY SHALL BE MAINTAINED BETWEEN 30INCHES AND 7 FEET, PLANTING ISLANDS WITHIN AND ADJACENT TO PARKING AREAS SHALL BE FREE OF LIME ROCK AND OTHER FOREIGN MATERIALS TO A DEPTH OF 3V IF NECESSARY. RECYCLED PLANTING SOIL MIXTURE SHOULD BE USED TO REPLACE UNSUITABLE SO&, WHICH IS EXCAVATED. EARTH BERMS SHALL NOT EXCEED T AND A SLOPE OF 4:1, ALL AREAS SHALL BE FULLY IRRIGATED IN ACCORDANCE WITH THE REOU'I REMELTS OF THE CITY OF PALM BEACH GARDENS. THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE IN 96 OVERLAP COVERAGE TO ALL LANDSCAPE AND SOD AREAS. THE IRRIGATION SYSTEM SHALL BE EQUIPPED WITH A RAIN SENSORBCUT OFF SWITCH IN ACCORDANCE WITH STATE AND LOCAL REOUiREMENTS. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS. ALL EXOTIC AND NUSANCE VEGETATION SHALL BE REMOVED FROM ON SITE PRUNE a TIE FRONDS TOGETHER WILL DEGRADABLE TWINE(MINIMUM 68 FRCAM NOTE: BASAL PALMS MAY BE HURWCMf OR SABµ PALMS TO BE Blpl£D WHEN 16-CT. CA LESS (UNLESS OTHERVOK! NOTED) S 2'x4'xIS WOODBATTENS.WNJr NPIrafiENS TO PALM. HEIGHT Of DAMNS SHALL RE LOCATED IN RELATION TO THE HE OF THE PALM FAIL ADEQUATE BRACING 2 STEEL BANDS MINIMUM 3. 2'x4^ WOOD SPACES SEAL M TOE NAILED TO WOOD BATTENS 3. MULCH FORMSAUCERWITH4"6-CON NWl5EARR@NRIM AROUND PLANTING HALE 2'x4'x24- WOOD STAKE REMAIN!G 3" ABO'h GRACE BACK FILL AROUND ROOT FALL WERE STMV:AD PLANTING MIXTURE. ELIMINATE µR F7COW PLANT ROOT BAIL OF SABAL PNy52Z' 3"BEELOW FINISHED GRADE SIZE OF ROOT BAIL WILL BE IN PROPORTION TO SIZE AND TYPE OF PALM IN SELATIOY TO SOUND NUR5ER1 PRACTICE PLACE ROOT PAT AT BOTTOM OF PLANTING PR ON 4'-6` LAYER OF CON FARED STANDARD RANTING MATURE. IiFIEfi:RCi`M FULL, (1/3 CORI SCREW, 2/3 NORMA PER MASS) FULL & THICK FULL & THICK FULL FULL & THICK FULL & THICK f 10' S.U.A. EASEMENT O.R.B. 5880, PAGE 1729 26,0' DRAINAGE EASEMENT PA O.R.B. 7983, PAGE PINES SMALL TREE OR 'I r �'---_"_' 10'OFFSITE INGRESS/EGRESS Q EASEMENT, O.R.B. 23013, PAGE 787 Hrr�1. 9 I I I M).. � W I I W� 40' X 12' LOADING AREA DUMPSTER u EXIST. CONCRETE RAJ. our — — — — — Q �— — — — S.U.A. EASEMENT O.R.B 1685, PAGE 1583 Of 15'S.U.A. EASEMENT _ O.R.B. 5880,, PAGE 1720-- Zil — ------------ PLACE RUBBER HOSE ON WIRE AT ALL POINTS OF CONTACT WITH THE PLACE 3 (NOBLE STRANDS)12 GADGE GALVANIZED GUY WIRE, SPACED EQUAL DISTANCE MWIU TREE AD>.£ FIRST LATERAL &WqH PLANE TOP OF ROOT BALL SLIGHTLY HIGHERTHAN FINISHED G EADE REMOVE 6URLAP FROM TOP 113 OF 0.WIHHL IF APPICMXE 3 PULCH BACK FILL AROUND ROOT DILL WITH STANDARD PLANTING MIXTURE. ELIMINATE MR POCKETS. FORM SAUCER WITH 4`�6- COMIN CLES EARTHEN MOUND PLANTING HOE 2"s4-04" WOOD STAKE ORR£N 3" BELOW SPADE PLACE ROOT BALL AT BOTTOM OF 0.ANTIRG PUT ON 4--6' LAYER OF COMPARED STANDARD PLANTING MIXTURE, PLANTING PIT DEPTH SHALL EQUAL DEPTH OF ROOT FALL PLUS V FOR SETTING LAYER OF CONPICIED STANDARD PLANTING MIXTURE. PLANTIW PIT YADM SHALL BE TWICE THE DIAMETER OF ROOT PILL 10 S.U.A. EASEMENT .R.B. S880, PAGE 1729 3 Ma PV:I FORM AROU BSCA PLAN PLAN' ROOT DIM, LAAGI PLAID 4--6 MIND PALM PLANTING DETAIL NTS LARGE TREE PLANTING DETAIL NTS SHRUB/GROUNDCOVER PL i I P.G.A. o BOULEVARD a � N BURNS RD w n PROJECT a LOCATION ti w z z NORTHLAKE BOULEVARD LOCATION SKETCH - NOT TO SCALE DEDICATIONS AND RESERVATIONS: STATE OF FLORIDA) COUNTY OF PALM BEACH) KNOW ALL MEN BY THESE PRESENTS, THAT DOG DAYS HOLDINGS, LLC., A FLORIDA UMITED COMPANY, THE OWNER OF THE LAND SHOWN HEREON AS DOG DAYS, LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE SOUTH 01' 33' 35- WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAD SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON A UNE 30.G0 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH UNE OF THE SAID SOUTHEAST QUARTER, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1685, PACE 1583, OFFICIAL RECORDS BOOK 821, PAGE 542. OFFICIAL RECORD BOOK 1508, PAGE 255, OFFICIAL RECORD BOOK 12088, PAGE 1039. PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88' 29' 38" WEST, ALONG THE SAID PARALLEL LINE AND THE SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 171.93 FEET TO A POINT ON THE WEST RIGHT OF WAY UNE OF INTERSTATE 1-95 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 93220-2402 AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE NORTH 88429'38" WEST, CONTINUING ALONG THE SAID PARALLEL UNE AND THE SAID RIGHT-OF-WAY UNE A DISTANCE OF 147.19 FEET; THENCE SOUTH 02'32'22" WEST, DEPARTING THE SAID PARALLEL LINE AND THE SAID RIGHT-OF-WAY LINE, A DISTANCE OF 324.72 FEET; THENCE SOUTH 88'29'38- EAST, A DISTANCE OF 173.88 FEET TO A POINT ON THE SAID WEST RIGHT-OF-WAY UNE OF INTERSTATE 95, SAID POINT ALSO BEING A POINT ON A CURVE OF A NON -TANGENT CURVE, CONCAVE TO THE WEST, FROM WHICH A RADIAL LINE BEARS NORTH 89'37'34" WEST AND A CHORD BEARS NORTH O2'10'00" WEST AND HAVING A RADIUS OF 3669.83 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05'04'52" A DISTANCE OF 325.44 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 52,904 SQUARE FEET OR 1.21 ACRES MORE OR LESS. HAVE CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON: IN WITNESS WHEREOF, THE ABOVE NAMED LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGING MEMBER, WITH THE AUTHORITY OF ITS' SOLE MEMBER. THIS __ DAY OF _. 2009. WITNESS: PRINT NAME: WITNESS: PRINT NAME: ACKNOWLEDGEMENT. STATE OF FLORIDA) COUNTY OF PALM BEACH) BY: DOG DAYS HOLDINGS, LLC. A FLORIDA UMITED UA81LITY COMPANY BY: STEFAN GELCH, MANAGING MEMBER BEFORE ME, PERSONALLY APPEARED STEFAN GELCH, WHO IS PERSONALLY KNOWN TO ME AND WHO EXECUTED THE FOREGOING INSTRUMENT AS MANAGING MEMBER OF DOG DAYS HOLDINGS, LLC, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SAID INSTRUMENT AS SUCH OFFICER OF SAID COMPANY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID COMPANY. WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF MY COMMISSION EXPIRES: NOTARY SEAL 2009. NOTARY PUBLIC: PRINT NAME: COMMISSION NO.: D BEING A PORTION OF THE TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITN SHEET 1 OF 2 MORTGACEE'S CONSENT. STATE OF FLORIDA ) COUNTY OF PALM BEACH) THE UNDERSIGNED HEREBY CERTIDES THAT IT IS THE HOLDER OF A MORTI JOIN IN AND CONSENT TO THE PLATTING OF THE LAND DESCRIBED IN SAID MORTGAGE WHICH IS RECORDED IN OFFICIAL RECORD BOOK 23013, PAGE SHALL BE SUBORDINATED TO THE PLATTED LANDS SHOWN HEREON. IN WITNESS WHEREOF, THE SAID CORPORATION HAS CAUSED THESE PRESE BE AFFIXED HEREON BY AND WITH THE AUTHORITY OF ITS BOARD OF DIRE, THIS __ DAY OF WITNESS: __ PRIM NAME: m TITLE CERTIFICATION: STATE OF FLORIDA) COUNTY OF PALM BEACH) BY: m I, STEPHEN S. MATHISON, A DULY LICENSED ATTORNEY IN THE STATE OF FI TITLE TO THE HEREON DESCRIBED PROPERTY; THAT I FIND THE TITLE TO TI FLORIDA CORPORATION, THAT THE CURRENT TAXES HAVE BEEN PAID; THAT , RECORD NOR OTHERWISE TERMINATED BY LAW ARE SHOWN HEREON; AND T ENCUMBRANCES DO NOT PROHIBIT THE CREATION OF THE SUBDIVISION DEP DATED: THIS _ DAY OF MR REVIEWING SURVEYOR: STATE OF FLORIDA) COUNTY OF PALM BEACH) THIS PLAT HAS BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CH ORDINANCES FO THE CITY OF PALM BEACH GARDENS, FLORIDA. THIS REVIE GEOMETRIC DATA. OR THE FIELD VERIFICATION OF THE PERMANENT REFERENT POINTS (P.C.P.'S). THOMAS C. VOKOUN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO.: 4382 ABBREVIATIONS: ® = SET 4"x4" CONCRETE MONUMENT STAMPED "PRM L84897° UNLESS OTHERWISE NOTED. Qo = SET RAG NAIL AND DISK STAMPED "PCP L64897" PRM = PERMANENT REFERENCE MONUMENT PCP = PERMANENT CONTROL POINT R = RADIUS L - ARC LENGTH D = DELTA S.U.A. = SEACOAST UTILITY AUTHORITY FOOT = FLORIDA DEPARTMENT OF TRANSPORTATION R/W = RIGHT-OF-WAY U.E. = UTILITY EASEMENT DATED THIS __ P.G.A. / i o BOULEVARD a �'z�' 5 a � �I PROJECT a a LOCATION J_ I- `t K z NORTHLAKE BOULEVARD LOCATION SKETCH - NOT TO SCALE I I Vl I I 2 AI W W m II r II III I � [J w W� M I pO b0,0 I w Q�NO W� I rJ N�OI I aM .ri �IMpI W Q I I 1P 1 li m 2II II� ¢ W U1 W W QIS � O pU�O, a�I c l �I z o ail wn o z I I I R=3219.60' >E o I I A=0'05'22" N U n I 1d I I I CH=NO5'00'01"W J m do —I m I =r I I al I$ 88'29'38" E — I c I 20.33' o ci N88.29138"W 1 zI I �W — — o � 47.56' 0 _ I n c t- —I -r17 I M o e IO.G' S.U.A. EASEMENT—✓ I O4'S 17 I = M o IO.R.B. 5080, PAGE 17291 I I S88'�29 38 E a 1 22.60' 1 18.55, 16.62'I 88 29 38 I n If Z TI b0 mJ I is I I p\ I eN NU I��I I I Ar I I I M= II I o 0 Ira I II oc I I :" d� t o n i II m N I II b N I^m I I�o1 I I o� J I I I I III I I GRAPHIC SCALE DETAIL 'A' 0 . 5 10 20 m L. SCALE 1" = 10' .na 1 ZV.4o \ 35,73' 03 W 57(2 A 1AL� z r n A I�� aN 4 io o�c Z^IO IVi 3 jUpV t\ i Y y6Z4. 70 .- g ^ O p ` 1 N01'30'22"E 295.92' r o < <? a n" a J7 (OVERALL) FOR O.R.B. 1685, PG. 1583 Q Y 2W K K NY� C5M>^ R=3219.60' 6=5'20'08" m O1 V g,m L=299.82' CH=N07'37'25"W a (OVERALL) J S.U.A. EASEMENT O.R.B. 1685, PAGE 1583 GRAPHIC SCALE DETAIL'B' 0 5 10 20 SCALE 1" = 10' DO BEING A PORTION OF THE TOWNSHIP 42 SOUTH, RANGE 42 EAST, CIT' SHEET 2 OF 2 I (BASIS OF BEAR �YJ _ _ _ _ _ _ _ _ BURNS ROAD -S88.29'38"E 26 FND NAG NAIL AT CENTER OF 2324.95' O.R.B. 1685, PAGE 1583 SECTION 12, TOWNSHIP 42 SOUTH, O.R.S. 821, O.R.B. PACE 542 RANGE 42 EAST 8, PACE I O.R.B. 12082088, PAGE 103 1039 27_f -N88'29'38"W 34 _7 P.C. I_______—__199.36' —_____— I I III W IMIpI 00.1 3� loll WR `?Y i i Jn I I I ac L1� UNFLATTED REMAINDER OF PROPERTIES DESCRIBED IN O.R.B. 6116, PAGE 1250 AND O.R.B. 7983, PAGE 1788 CONTAINING 271,421 SQUARE FEET/6.23 ACRES (MORE OR LESS) ------� 1------------ L 26.0' DRAINAGE EASEMENT PARCEL O.R.B. 7983, PAGE 1788 Of0.0' S O.R.B. S PVAR-08-12-000007 1029 Bedford Avenue Lake Catherine Planned Unit Development Residential Variance TR HEG NIA. ST CY P RES T I E Rs E RZOAN — EOFOR ID Subject s' e: PARK LME VILLP 2 RD ATLAK E 1029 Be ford A L-ST -D3RD LN'K -LOr-,! ST CATHsR WILSHIRE,$ -(AK 0 C-"O CT — C-J < CD Lzi 2KE KLWLJATS--LC vRMWVMRVr.0n 13 ir C5 CARAACOLA Is w CQ E w U g--AX E jy. F- U3 w W > T Cr U) L---CILPA-VA--,9T_ T S WLTOPPARNWK z AhyCTf .5 LKCJJE L El LN ED ❑ w "fCeFHLAKE-0LVD a (10 La GDpyright (c)2008 G Palm Boach Ga rdo ns, APR L K Q E== to 11 mp �11111111177!9 NORT s &J T F-1 E IT" ppyy�� �9 f r � i r Code Section Required by Code Proposed • Outside the required front, rear and side setbacks; Within rear Section 181(c) (3) (c), or setback and not immediate - Detached accessory Within side or rear ly adjacent to uses and structures setback and principal immediately structure adjacent to principal structure T3 tj ;I.r I. j Location requested-, for pool equipment �. I` -It NI L I z Setback -�z � •-�f4'171'1 =m7i-CRITE RIA VARIANC Aj_ 0 Staff Analysis After detailed analysis, it is the opinion of Staff that the proposed variance request is not consistent with seven (7) of the listed in Section 78-53 to eight (8) criteria be considered by the board in making its determination. i D11P.St1C7 _ lit lr' , I/V-ll dock �OLI k C-4 City of Palm Beach Gardens Dog Days PUD Planning, Zoning and Appeals Board (PZAB) March 10, 2009 Subject Request • Request for a rezoning from Research and Light Industrial Park (Ml) to Planned Unit Development with an underlying zoning of M1 with three (3) waivers • Rezoning is to allow for the subdivision of the parcel from the parent tract and address non - conformities. Dcdcqt I c K BURNS RD Gopyrjght [c)2008 City of Palm Beach Gardens, FL 0 = 1 00ft n C] B URN'S RD A M mb y Go pyrig ht (c)2008 City of Pa Im Bigach Ga rdig ns, FL — 1 00ft •�w Background • Site was developed in 1958 and compromised approximately seven (7) acres • Site has a zoning of M1 • Resolution 185, 2003 approved conditional use for kennel facility/animal boarding and included conditions of approval •�w Background (Contd) • Current business owner has purchased property and is rezoning to address existing non - conformities. (i.e. lot size, buffer req., etc.) Dog Days has been operating for five (5) years. • PUD rezoning will establish a southern and western property line. • Cross -access agreement ensures legal access to the site I WOMEN Sa7 ui";;Ij i I � 'may w ,vim'" •�_ r1 _ 1■� 3 Uu ytl, ,t r Ile � �' s Waivers 1. Minimum landscape buffer of eight (8) feet around perimeter of parcel (Section 78-319a) 2. Minimum site area of 20 acres (Section 78-153 Table 12) I One (1) landscape island every nine (9) parking spaces (Section 78-315b) II ! 3+T1.0 �. Staff Recommendation • Staff recommends approval of Petition PPUD08-10-000002. __ 1 1 1 1 1 • 1 1' 1 1 1 1 ♦ fI lee.�J 1 1 1 !f , ,, -_•e.Opro t ' _. • 3 1 � - E Pik 11 1 '. i 1 1 1 I � •, - 1 crrtNouseoR ' I ♦♦ ii r MUNICIPAL BOUNDARY MAP A.19. CONCEPTUAL THOROUGHFARE PLAN -UNINCORPORATEDPALMBEAC"COUNTY City of Palm Beach Gardens 00 0 2,500 5,000 10,000 15,000 20,0 Palm Beach County, Florida Feet "° Sour<e:PGG- 1*4 AGENDA` CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, MARCH 10, 2009 AT 6:30 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN • APPROVAL OF MINUTES: DECEMBER 9, 2008 PLANNING, ZONING AND APPEALS BOARD Reffular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Alternates: Donald Krzan (I Alt.) Joanne Koerner (2°d Alt.) Planning, Zoning and Appeals Board March 10, 2009 Consideration of Approval 1. Ex Parte Communication (Public Hearing) PVAR-08-12-000007: Accessory Structure Placement Variance for 1029 Bedford Avenue, Palm Beach Gardens, FL 33410 A request by Ms. Julia Jackson, applicant and owner, for approval of a variance from the City's Land Development Regulations to allow an accessory structure (pool equipment) in the rear setback but not immediately adjacent to the principal structure. The residence is in the Lake Catherine Planned Unit Development located north of Northlake Boulevard, west of McArthur Boulevard, and south of Merrills Canal. Project Manager: Pamela Chanitz, Development Compliance Planner pchanitzQobril.com (799-4250) Recommendation to City Council 2. Ex Parte Communication (Public Hearing) PPUD-08-10-000002: Dog Days — Request for rezoning to Planned Unit Development (PUD) Overlay with an underlying Ml (Research and Light Industrial Park) zoning designation A request by Brian Cheguis, on behalf of Dog Days Holdings, LLC, for rezoning from Research and Light Industrial Park (M1) to a Planned Unit Development (PUD) Overlay with underlying Research and Light Industrial Park (M1) zoning district. The 1.21-parcel is located 0.5 miles east of Military Trail on the south side of Burns Road adjacent to the west side of I-95. The subject site's physical address is 4052 Burns Road. Project Manager: Richard Marrero, Senior Planner rmarrero(dDyNxfl.com (799-4219) 3. OLD BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Offrce, no later than five days prior to the proceeding, at telephone number (561) 799-4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (7DD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Ekact legal description and/or survey for the cases may be obtained from the files in the Growth Management Department. Common/pz agenda 03.10.2009doc 2 AW Y� h