HomeMy WebLinkAboutAgenda P&Z 091107Please Print COMMENTS FROM Request to Address n THE PUBLIC City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print COMMENTS FROM Request to Address THE PUBLIC City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Please Print COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Name: zTG;M,;A j p f;>& /v/ /L - &rccp cyA k? -A/ Please c Address: 6 0
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
1 COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: I Address: City: Subject :
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
111 HI 6"itJF Palm Beach Girdens
Se~temGer 11th 2007 $29
R.undo@fi Hansen
Dennis Sohm
Craig XunRlk
NicfiaeCPanczaL
D0ugGa.s PenneCC
Barry IPresent
Jonathan ID. Ru6ins
I’ r -.. ,-- ’ ,
June 21,2007
Joe Ryan, President
Oppidan lnvestment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Coniniuility, and the two open meetings held at thc Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
gcnuinc dcsire for both parties to reach an amicable resolution to our concei-ns in regard to the
development of the property north of our neighborhood.
We have conic away from the meeting with the following expectations. Each of these topics
rcccived a considcrablc amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
Traffic calming element , 2 brick (pavers) specd reducing humps on Sandtree Drive one
near either end of the street within tl~ Sandtrce I>evelopment
0 Eight (8’) foot boundary wall to be completed before the project construction with
1,mdscape on both sides. Wall to set back approximately ten (10’) feet from the property
line with the exception of the property line along the driveway into Gander Mountain
0 Provide and implement a Wildlifc Management and Relocation plan
0 Easements on north boundary of Sandtree to remain on the Sandtree sidc of the 8’ wall
Open access from Gander Mountain to the office parcel on Sandtree Drive
0 Signagc at the front of the neighborhood indicating community as “private,” as well as
signs that read “dcad-end” and “no trucks”
I am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that rcspectfully listens.
Kindest regards, I
June 21,2007
Joe Ryan
Oppidan Investment Company
5125 County Road 101, Ste 100
Minnetonka, MN 55345
Dear Joe Ryan,
I am very happy that you understand this project will have an impact on the
Sandtree Community and a huge impact on me and my home.
I appreciate the time you have spent with myself and many homeowners of
the Sandtree Community. Over the past month or so you and the four
meetings I feel you have represented the Gander Mountain Development
Project fairly and accurately - Thank You.
Upon hearing some of our concerns you are prepared to implement the
following and I appreciate your willingness to work with us in getting these
items accomplished :
Two Traffic-Calming Elements in the Sandtree Community
0 8 foot boundary wall to be completed before project construction
with landscape on both sides and wall to set back approximately IO
feet from property line
Easements on north boundary of Sandtree to remain on Sandtree
property .
0 Open access from Gander Mountain to the office parcel (Capitol) on
Sandtree Drive (per Ordinance 19, 1984)
0 Provide a Wildlife Management and Relocation plan
Signage at front of neighborhood indicating community as “private”
as well as signs that read “dead-end” and “no trucks”
I am pleased at the manner in which you have conducted yourselves and
the way you have communicated with me and the Sandtree Community.
I am looking forward to the beautiful new development. It will be a pleasure
having a neighbor that carqsand respects their neighbors.
June 21,2007
Joe Ryan
Oppidan Investment Company
51 25 County Road 101, Ste 100
Minnetonka, MN 55345
Dear Joe Ryan,
I am very happy that you understand this project will have an impact on the
Sandtree Community and a huge impact on me and my home.
I appreciate the time you have spent with myself and many homeowners of
the Sandtree Community. Over the past month or so you and the four
meetings I feel you have represented the Gander Mountain Development
Project fairly and accurately - Thank You.
Upon hearing some of our concerns you are prepared to implement the
following and I appreciate your willingness to work with us in getting these
items accomplished :
Two Traffic-Calming Elements in the Sandtree Community
8 foot boundary wall to be completed before project construction
with landscape on both sides and wall to set back approximately 10
feet from property line
0 Easements on north boundary of Sandtree to remain on Sandtree
property .
Open access from Gander Mountain to the office parcel (Capitol) on
Sandtree Drive (per Ordinance 19, 1984)
0 Provide a Wildlife Management and Relocation plan
Signage at front of neighborhood indicating community as “private”
as well as signs that read “dead-end” and “no trucks”
I am pleased at the manner in which you have conducted yourselves and
the way you have communicated with me and the Sandtree Community.
I am looking forward to the beautiful new development. It will be a pleasure
having a neighbor that cares and respects their neighbors.
June 21,2007
Joe Ryan, President
Oppidan Investrnent Conipany
5 125 County Road IO 1, Suite 100
Mitinetonka, MN 55345
Dcar Mr. Ryan
Your personal attention, notihation by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing ow many concerns has given clear evidence as to your
genuine desirc for both parlies to reach an amicable resolution to our concerns in regard to the
devehpment of the property north of our neighborhood.
We have come away from thc meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the nieetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearcr picture of the home - to - wall proximity.
0 ‘I’raf‘fic calming element - 2 brick (pavers) spccd reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8’) foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set back approximately ten (1 0’) feet from thc property
line with the exception of the property linc along the drivewdy into Gander Mounttiin
0 Provide and implement a Wildlife Management and Relocation plan
0 Easements on north boundary of Sandtree to remain on the Sandtree side of the 8’ wall
0 Open acccss from Gander Mountain to the office parcel on Sandtree Drive
0 Signage at the fmnt of the ncighborhood indicating community as “private,” as well as
signs that read “dead-end” and ‘‘no trucks”
I am pleased at the manner in which you haw conducted yourselves and the opportunity to
communictite our apprehension at the ramifications of this dcvclopment you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respccthlly Mens.
J Line 2 1,2007
Joc Ryan, President
Oppidan Investment Compaii
5125 County Road 101, Suite 100
Minnetonka, MN 55345
13ear Mr. Ryan
Your personal attention, notification by lcttcr to the 108 horneowncrs in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receivc answers, and voicing our many concerns has given clear evidence as to your
genuine dcsire for both parties to reach an amicable resolution 10 our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considcrable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placcd the property line stakes promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
0 Traffic calming eiemcnt - 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
0 Eight (8’) foot boundary wall to be completed before the project construction with
landscapc on both sides. Wall to set back approximately ten (10’) feet fiom the property
line with the exception of the property line along the driveway into Gander Mountain
0 Provide and implement a Wildlife Management and Relocation plan
0 Easements on north boundary of Sandtree to remain on the Sandtree side of the 8’ wall
0 Open access from Gander Mountain to the office parcel on Sandtree Drive
0 Signage at the front of the neighborhood indicating community as “private,” as well as
signs that read “dead-end” and “no trucks”
1 am pleased at the manner in which you have coiiducted yourselves and the opportunity to
communicate our apprehension at the ramilications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that rcspcctfully listens.
Kindest regards,
Cheryl M. Robinson
L4btmprd&6@prlnI -
PS: Please fell Corporule thar I am willing to amend niy “drrrrand” of the discount cards CIS something close to -
A letter goes out to eoch homeowner of Sandtree wilh this cger - With Proof of residency accompwtird ty this
coupon (you make the coupon) 30 drrysfrom the dote ofrhe grand opening with n 82000purchwe oj-anything in the
store we will oger u discount card of 15% ofpurchases good for 3 years
nectrJne Ryan,
I am. very hcrppy that yoM understofid this prqject will have an impact on the SuvLdtrei
C,oyuyuLtnkg and LI huge impcict DYL we and my home.
I appreciate the time you have spmt with wyself and wan3 humeowners of the .
safidtree CoMcVuuyLity. over the past month or so LJDK an-d the fow WeetivLgs 1 feel.
’ \
I*
~pon heaving 5owe af ow cuncerns yo“ are prepared to implement the following and I
crppreciate your wilLingvLess to work with us in gettiq these itevus accomplished :
0 TWO rroffic-CalmivLg FtemevLts iy~ the sandtree CDMhYUKM.ity
0 g foot boufidury wall t.o be completed before project constrution with ta&cc;’pe
on both sides LIU~ wall to set back approximatelu 10 feet from property C‘ likc
0 msements on north boundary of sandtree to remai& OVL sandtree prDpeky.
Open access from c;ander Mountain to the office parcel (capitol) DVL sandtree
Drive (per ordinance I~,I~B/F) -1
Provide a wildlife Maugemefit and Relocatiofi plan
signcige rat fyont of neighborhood indicating comvuLcvLitu as “private” as welt
1.
as sigfis thut read ‘dead-end“ and “w trucks“
I am pleased at the manner in which you have condkcted yourselves and the WRY yo^ -
have communicated with me and the Sandtree CDwvuLcnity. *
6) .‘.
t am looking forwuvd to the beaktifd. new development. rt will be a pteasrnre hcrsi& k
n-eighbor thut cares and respects their neighbors. ?,
**
June 2 1,2007
Joe Ryan, President
Oppidan Investment Company
5 125 County Road 101, Suite 100
Minnctonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 horneowncrs in the Sandtree
Communily, and the two open meetings hcld at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
gcnuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our ncigliborhood.
We have come away fiom the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
0 Trafiic calming element - 2 brick (pavers) speed reducing humps on Sandtrce Drive onc
near either end of the street within the Sandtree Development
0 Eight (8’) foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set back approximately ten (1 0’) feet from the property
line with the exception of the property line along the driveway into Gander Mountain
0 Provide and implement a Wildlife Management and Relocation plan
0 Easements on north boundary of Sandtree to remain on the Sandtree side of the 8’ wall
0 Open access from Gander Mountain to rhe of‘ficc parcel on Sandtrec Drive
0 Signage at the front of the neighborhood indicating community as “private,” as well as
signs that read “dead-end” and “no trucks”
I ain pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehcnsion at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking f‘orward to the new store and Ihe pleasure of having a
neighbor that I-especthlly listens.
Kindest regards,
’\
June 2 1,2007
Joe Ryan, President
Oppidan Investment Compdiy
5 1 25 County Koad 10 1, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Cominunity, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voiciiig our many concerns has given clear evidence HS to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of OUT neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a corrsiderable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed thc property line stakes as promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
0 Traffic calming element - 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
0 Eight (8’) foot boundary wall to be completed before the project construction with
landscape on both sides, Wall to set back approxirnatcly ten (10’) feet horn the property
line with the exception of the property line along the driveway into Gander Mountain
0 Provide and implement a Wildlife Management and Rclocation plan
0 Easements on north boundary of Sandtree to remain on the Sandtree side of the 8’ wall
0 Open ACCCSS from Gandcr Mountain to the ofice parcel on Sandtree Drive
0 Signage at the front of the neighborhood indicating community as “private,” as well as
signs that mad “dead-end” and “no trucks”
1 am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
Kindest regards,,,-,/ ’ /’
Tommy Reed
June 21,2007
Joe Ryan
Oppidan Investment Conipzuiy
5125 County Road 101, Ste 100
Minnetonka, MN 55345
Dear Joe Ryan,
I appreciate the time you have spent with myself and the 108 homeowners of the
Sandtree neighborhood. Over the past month and four meetings you have represented the
Gandcr Mountain Development Projcct fairly and accuratcly -- Thank You!
In the proccss, we came to terms with the following and appreciate your willingness to
work with us in getting these items accomplishcd:
* * * *
8 foot wall instead of 6 feet
Construct wall ahead of primary building construction
Provide a Wildlife Management and Relocation plan.
2 Traffic Calming Elements on Sandtree Drive.
I support the project and am anxious for this great asset to the City of Palm Beach Garden
to open and provide the community a necded resource for their outdoor needs.
Again thanks for your interest in The Sandtree Neighborhood.
June 21,2007
Joe Ryan, President
Oppidan Investment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home -to -wall proximity. - Traffic calming element 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8') foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set back approximately ten (10') feet from the property
line with the exception of the property line along the driveway into Gander Mountain
Provide and implement a Wildlife Management and Relocation plan
Easements on north boundary of Sandtree to remain on the Sandtree side of the 8 wall - Open access from Grander Mountain to the office parcel on Sandtree Drive
Signage at the front of the neighborhood indicating community as "private," as well as
signs that read "dead-end and "no trucks"
I am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
June 21, 2007
Joe Ryan
Oppidan Investment Company
5125 County Road 101, Ste 100
Minnetonka, MN 55345
Dear Joe Ryan,
I am very happy that you understand this project will have an impact on the
Sandtree Community and a huge impact on me and my home.
I appreciate the time you have spent with myself and many homeowners of
the Sandtree Community. Over the past month or so you and the four
meetings I feel you have represented the Gander Mountain Development
Project fairly and accurately - Thank You.
Upon hearing some of our concerns you are prepared to implement the
following and I appreciate your willingness to work with us in getting these
items accomplished : - Two Traffic-Calming Elements in the Sandtree Community
8 foot boundary wall to be completed before project construction
with landscape on both sides and wall to set back approximately 10
feet from property line
Easements on north boundary of Sandtree to remain on Sandtree
property
* Open access from Gander Mountain to the office parcel (Capitol) on
Sandtree Drive (per Ordinance 19. 1984) - Provide a Wildlife Management and Relocation plan
Signage at front of neighborhood indicating community as "private"
as well as signs that read "dead-end" and "no trucks"
I am pleased at the manner in which you have conducted yourselves and
the way you have communicated with me and the Sandtree Community.
I am looking forward to the beautiful new development. It will be a pleasure
having a neighbor that car-&and respects their neighbors.
Sincerely,
June 21,2U-7
Joe Ryan
Oppidan Investment Company
5125 County Road 101, Ste 100
Minnetonka, MN 55345
Dear Joe Ryan,
I am very happy that you understand this project will have an impact on the
Sandtree Community and a huge impact on me and my home.
I appreciate the time you have spent with myself and many homeowners of
the Sandtree Community. Over the past month or so you and the four
meetings I feel you have represented the Gander Mountain Development
Project fairly and accurately - Thank You.
Upon hearing some of our concerns you are prepared to implement the
following and I appreciate your willingness to work with us in getting these
items accomplished :
Two Traffic-Calming Elements in the Sandtree Community
8 foot boundary wall to be completed before project construction
with landscape on both sides and wall to set back approximately 10
feet from property line
* Easements on north boundary of Sandtree to remain on Sandtree
property.
Open access from Gander Mountain to the office parcel (Capitol) on
Sandtree Drive (per Ordinance 19, 1984)
Provide a Wildlife Management and Relocation plan - Signage at front of neighborhood indicating community as "private"
as well as signs that read "dead-end" and "no trucks"
I am pleased at the manner in which you have conducted yourselves and
the way you have communicated with me and the Sandtree Community.
I am looking forward to the beautiful new development. It will be a pleasure
having a neighbor that cares and respects their neighbors. '-,I--''
June 21, 2007
Joe Ryan, President
Oppidan Investment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home -to -wall proximity.
* Traffic calming element - 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8') foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set back. approximately ten (IO') feet from the property
line with the exception of the property line along the driveway into Gander Mountain
Provide and implement a Wildlife Management and Relocation plan
Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall - Signage at the front of the neighborhood indicating community as "private," as well as
signs that read "dead-end" and "no trucks"
I am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
Kindest regards,
Ana Llera
Open access from Gander Mountain to the office parcel on Sandtree Drive
J u.ine 21, 2007
Joe Ryan, President
Oppidan Investment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
Traffic calming element - 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8) foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set hack approximately ten (10') feet from the property
line with the exception of the property line along the driveway into Gander Mountain
Provide and implement a Wildlife Management and Relocation plan
Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall
Signage at the front of the neighborhood indicating community as "private," as well as
signs that read "dead-end" and "no trucks"
I am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
Kindest regards,
Cheryl M. Robinson
nmrd there pang
PS: Please tell Corporate that I am willing to amend my "demand" of the discount cards as something close to
A letter goes out to each homeowner of Sandtree with this .Jer -With Proof of residency accompanied by this
coupon (you make the coupon) 30 days from the date of the grand opening with a $20.00 purchase of anything in the
store we will offer a discount card of 15% off purchaser good for 3 years.
)uwe -i, 200
Joe T,--Unv,.
Olppoon Ivk,V6stvKevllt COVKPR-AU
5125 cokvvt.- Rxao( j-oi-, ste j-(Jo
M-nnetovx'-,P, MN 5-5.3-15
I nn,, ver,- hcipp- that UoL-i L,(nderstavw( tk-s pr-jcct wUL hwe avi, LvKpprt ov-, the 5
C-C,K&VI&L,co,-tu aoA 12 kkoe --Pact Ovk, VvLe (Av"0l WU kovKc-
I mpprer,-Pte the 1-we Wk hPvc speot- w-th vv,-se-f a" mnvuU howowv-,ers of the
sav-.dtrce CwKntuvdt,-. Over the past movkth or so Uo" 2vLm the fo"r vv-eet-s I
eeL.
-ok have represev"teci the (fiRvOty MOL(vltc1-vu D-eveLopvmvlt PrOjea fuLytd QVlA
U(pot& hcarl" -,,ovv.e of 0-iy covkcerms -m- ore prepovO to twtpLevvtcvt the fOLLOWVLL3 av"0i I
apprec'lute UOL',Y W,--qoess to WoYk wLth U--, -V, Oett-A- these -twcr,
C, C-R LKt-v,C,
0 Two Traffib ') e[eKA.Cvut-,-, -vu the SavOtree. C-owKAv0.-1-j
0 0 foot bouv,,dmy,- wUI,I to be oowpLcte&i before proect, CovustructLom, Wth latvolswipe
ovi. both sWes 0 v0 w0 LI to set bmekl- approdwLmtet,- 10 feet from, prupcrt,- Ut-ve
C-Rgemevuts. ovu vuorth bouvOmr- of SAmdtree to YCWtR-o, ov,, Sa "tree pyopert-
0 OpeA mcloeS-- fron't L-IMvOey MovtAO-- to the offict piRyad (CApLtoL) ovi-SavlAtree
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o -ProV[J e a WUc- UfC MR OA qCK4XVlt 12 VO R-660t-on ph2 V,
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as AgAs that read 40cma--ev,,M mvO loo truak---,sfl
I imt pLcasea A the maw-.er -vL wKah Uov hpve roo-v(Rrteo( -ovrsdves, ao,Ol the wa 1- UDI-l
have aowv-tkvi.-oated w-th KLe PAA the -Scwx(tree aommt4o,-t-,
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Open access from Gander Mountain to the office parcel on Sandtree Drive
- ThOK,-Z YNt.
June 21,2007
Joe Ryan, President
Oppidan Investment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home -to -wall proximity.
Traffic calming element - 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8') foot boundary wall to he completed before the project construction with
landscape on both sides. Wall to set back approximately ten (10) feet from the property
line with the exception of the property line along the driveway into Gander Mountain
Provide and implement a Wildlife Management and Relocation plan
Easements on north boundary of Sandtree to remain on the Sandtree side of the 8' wall
Open access from Gander Mountain to the office parcel on Sandtree Drive
Signage at the front of the neighborhood indicating community as "private," as well as
signs that read "dead-end" and "no trucks"
I am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
Kindest regards,
Steve Doudnik
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June 21,2007
Joe Ryan, President
Oppidan Investment Company
5125 County Road 101, Suite 100
Minnetonka, MN 55345
Dear Mr. Ryan
Your personal attention, notification by letter to the 108 homeowners in the Sandtree
Community, and the two open meetings held at the Fire Station giving us an opportunity to ask
questions, receive answers, and voicing our many concerns has given clear evidence as to your
genuine desire for both parties to reach an amicable resolution to our concerns in regard to the
development of the property north of our neighborhood.
We have come away from the meeting with the following expectations. Each of these topics
received a considerable amount of discussion at the meetings with the following results offered
as solution. A surveyor has already placed the property line stakes as promised and a boundary
walk took place providing a clearer picture of the home - to - wall proximity.
+ Traffic calming element --- 2 brick (pavers) speed reducing humps on Sandtree Drive one
near either end of the street within the Sandtree Development
Eight (8') foot boundary wall to be completed before the project construction with
landscape on both sides. Wall to set back approximately ten (10') feet from the property
line with the exception of the property line along the driveway into Gander Mountain - Provide and implement a Wildlife Management and Relocation plan
Easements on north boundaty of Sandtree to remain on the Sandtree side of the 8' wall
* Open access from Gander Mountain to the office parcel on Sandtree Drive
Signage at the front of the neighborhood indicating community as "private," as well as
signs that read "dead-end" and "no trucks"
1 am pleased at the manner in which you have conducted yourselves and the opportunity to
communicate our apprehension at the ramifications of this development you afforded the people
of Sandtree. Personally, I am looking forward to the new store and the pleasure of having a
neighbor that respectfully listens.
Kindest regards,
f
Tommy Reed
June 21, 2007
Joe Ryan
Oppidan Investment Company
5125 County Road 101, Ste 100
Minnetonka. MN 55345
Dear Joe Ryan,
I appreciate the time you have spent with myself and the 108 homeowners of the
Sandtree neighborhood. Over the past month and four meetings you have represented the
Gander Mountain Development Project fairly and accurately -- Thank You!
In the process, we came to terms with the following and appreciate your willingness to
work with us in getting these items accomplished:
8 foot wall instead of 6 feet
Construct wall ahead of primary building construction
* Provide a Wildlife Management and Relocation plan.
2 Traftic Calming Elements on Sandtree Drive.
I support the project and am anxious for this great asset to the City of Palm Beach Garden
to open and provide the community a needed resource for their outdoor needs.
Again thanks for your interest in The Sandtree Neighborhood.
CITY OF PALM BEACH GARDENS
10500 N. MILTARY TRAIL PALM BEACH GARDENS. FLORIDA 33410-4698
MEMORANDUM
DATE: September 11,2007
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, September 11,2007 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, September 11,
2007. This meeting will be held in the Council Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items: 0 1. An agenda for the meeting; and
2. A compact disc containing Powerpoint presentations
3. A Growth Management Department staff report for the items to be heard.
4. Approval of Minutes: August 14&, 2007
As always, the respective Project Managers’ telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist 11, will call to confirm your attendance.
Growth Management Administrator
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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
August 14,200 7
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:30 P.M. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida,
and opened with the pledge of allegiance.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN
Growth Management Administrator Kara Irwin advised there was nothing to report.
MEETING MINUTES
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A motion was made by Jonathan Rubins and seconded by Michael Panczak to approve
the minutes of the July 10,2007 and carried by unanimous 7-0 vote.
A motion was made by Jonathan Rubins and seconded by Michael Panczak to approve
the minutes of the July 24, 2007 and carried by unanimous 7-0 vote.
ROLL CALL:
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Debbie Andrea, Public Information Coordinator, called the roll.
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Present Absent
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present (Arrived at 6:37 p.m.)
Randolph Hansen
Dennis Solomon
Michael Panczak
Jonathan Rubins
Joy Hecht , 1 St Alternate
Amir Kanel, 2nd Alternate
Also present were Kara Irwin, Growth Management Administrator, Richard Marrero, Planner, Todd
Miller, Principal Planner and Attorney Nancy Stroud.
Declaration ofexparte communications: Chair Kunkle reported a conversation with Don Hearing on
the first agenda item.
All those intending to offer testimony in any oftonight's cases were sworn in.
R ecommen clution to Cit v Council:
Ex Purle Communication (Quasi-Judiciul) (Public Heuring)
Petition SPLA-07-06-000005: Ballenlsles Clubhouse Site Plun Amendment
City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 8/14/07
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A request by Mr. Don Hearing of Cotleur and Hearing, on behalf of BallenIsles Country
Club Inc., for approval of a site plan amendment to the clubhouse facility at the BallenIsles
Planned Community Development (PCD). The Ballenlsles PCD is located at the southeast
corner of PGA Boulevard and the Florida Turnpike.
Donaldson Hearing provided a presentation on behalf of the applicant.
Brian Idol, Peacock and Lewis, answered drainage and architectural questions.
Questions from the board answered by Mr. Hearing.
Chair Kunkle declared the public hearing open. Hearing no comments from the public,
Chair Kunkle declared the public hearing closed.
Dr. Robert Davis indicated he wished to speak, whereupon the public hearing was
reopened. Dr. Davis advised meetings had not been held with the homeowners
association and expressed his opinion these meetings should be held in the future.
Cheryl Evans Mahoney, Neighborhood Advisory Committee representative for Arbor
Chase, expressed concern regarding notice of meeting, and the staff report had not been
on the internet.
Hearing no further comments from the public, Chair Kunkle declared the public hearing
closed.
MOTION: Douglas Pennell made a motion to recommend to City Council approval of
Petition SPLA-07-06-000005 with two waivers as recommended by staff. Jonathan
Rubins seconded the motion, which carried by unanimous 7-0 vote.
Chair Kunkle stated for the record that Barry Present was now present.
Recommendation to Citv Council:
Ex Parte Communication (Quasi- Judicial) (Public Hearing1
Petition MISC-07-06-000034 - Gardens Station West - Signage Waiver
A request by Cotleur & Hearing, Inc., agent, on behalf of PGA Development Associrites, Inc.,
for approval of an umendment to the upproved Master Signage Program for the Gardens
Station PUD to permit a third monument sign, to add two lines of copy to the sign design, rind
for a waiver to ullow a third (3) monument sign which is to be located at the RCA Boulevard
entrance to the site. The project is located ut I IO25 RCA Center Drive.
Ali Kalsin, Cotleur & Hearing, made the signage request on behalf of the applicant.
Chair Kunkle declared the public hearing open. Hearing no comments from the public,
Chair Kunkle declared the public hearing closed.
MOTION: Jonathan Rubins made a motion to recommend to City Council approval of
Petition MISC-07-06-000034. Douglas Pennell seconded the motion, which carried by 6-
1 vote with Dennis Solomon opposed.
Appeal of Administrative Determination - Zoning Confirmation for “Noche Restaurunt” -
Harbor Shops - Petition ADAP-07-08-000001:
An upper11 by Mr. F. Murtin Perry, of Perry & Tuylor, P.A., on behalf of Carmine and
Sheila ’s, Inc., doing business us “Noclie” of an uilministrutive cleterminution by the City’s
Planning ancl Zoning Division, wherein it wus determined that the proposed primury use of ri
night club ancl lounge is not a use permitted within the PGA Boulevard Corridor Overluy (the
“Overluy ’9.
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 8/14/07
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Martin Perry of Perry & Taylor, P.A. provided a presentation on behalf of the applicant.
Planner Richard Marrero presented the staff report.
Growth Management Administrator Kara Irwin explained staffs position.
Comments from the board included favoring the applicant’s position; changes should be
made through the ordinance and that the applicant should be allowed to proceed.
MOTION: Dennis Solomon made a motion in the matter of Petition ADAP-07-08-
000001, Jonathan Rubins seconded the motion, which carried by 6-1 vote with Randolph
Hansen opposed.
OLD BUSINESS
0 There was no old business to come before the board.
NEW BUSINESS
Barry Present stated during the July 24, 2007 meeting that he had stepped down for the
Palm Beach Gardens Elementary school and the vote was a unanimous 6-0.
The change was in the July 24,2007 minutes.
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City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 8/14/07
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:44 p.m. The next regular
meeting will be held August 28, 2007.
APPROVED:
Craig Kunkle, Jr., Chair
Douglas Pennell, Vice Chair
Barry Present
Dennis Solomon
Randolph Hansen
Michael Panczak
Jonathan Rubins
Joy Hecht
Amir Kanel
Debbie Andrea, Public Information Coordinator
Note: These summary minutes are prepared in compliance with 286.01 1 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk’s office.
4
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
DATE: August 17,2007
FROM:
SUBJECT:
Planning, Zoning, and Appeals Board Members
Nina Nikolova, Planning Specialist dd
PGA National Park Public Workshop
Petition: ADMN-07-08-000160
Kara Irwin, AICP, Growth Management Administrator
Stephen Mayer, Senior Planner
cc:
Please be advised that there is no staff report associated with the above-referenced
petition for this public workshop. This is a City-initiated administrative approval petition
which normally does not require a public workshop, but due to the proximity of the PGA
National park to the residential community, the petition will be presented by the applicant
(Todd Engle, Construction Services Director with the City of Palm Beach Gardens) at the
September 1 1,2007, PZAB meeting.
In addition, the Development Review Committee (DRC) held a meeting with the
applicant to go over staff comments on August 9, 2007. Please be advised that prior to
the submittal of the application and the DRC, the Recreation Advisory Board has been
involved in the review process and has been instrumental in the redesign of the park.
Staff has no issues with the proposed plans (please see attached).
This public workshop shall be utilized by the Planning, Zoning, and Appeals Board to
provide non-binding comments to City Staff from board members and residents as a
means to give the public additional opportunities for comment in the development review
process.
Staff will be present to answer any questions that the PZAB may have. Please contact me
at 799-421 8 if you have any questions or require additional information.
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: August 2,2007
Meeting Date: September 11,2007
Petition PUDA-07-05-000006
SubiecUAaenda Item:
Petition PUDA-07-05-000006 - Seasons 52 Fresh Grille & Wine Bar PUD
Amendment
Public Hearing and Recommendation to City Council: A request by Cotleur & Hearing,
Inc., agent for GMRI, Inc., for approval of an amendment to the Planned Unit Development
(PUD) to allow a use change from an art gallery to professional office, to amend conditions
within Resolution 88,2005, and to reallocate building square footages. The 2.93-acre site
is located at the northwest corner of PGA Boulevard and Ellison Wilson Road.
[ X ] Recommendation to Approve with Conditions
[ ] Recommendation to Deny
3eviewed by:
3ty Attorney:
%istihe P. Tatum, Esq.
3evelopment Compliance: -- ahareh K. Wolfs, AlCP
Principal Planner:
Growth Management
Adminktrator:
Ka<a Irwin, AlCP
Approved By:
City Manager!
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manager
Planner
[ X ] Quasi-Judicial
[ ] Legislative
[ X ] Public Hearing
Public Notice:
Legal Advertisement
Date: 8/31 /07
Palm Beach Post
[ X ] Property Posted
Date: 8/27/07
[ X ] Public Notices
Mailed
Date: 8/31 107
Finance:
N/A
Allan Owens, Adrn.
Ketty eossiere
Funding Source:
[ ] Operating
Other N/A I1
Budget Acct .# :
NIA
Planning, Zoning, and
Appeals Board
Action:
Approved
App. wl conditions
Denied
Rec. Approval
Rec. Approval
wlconditions
Rec. Denial
Continued to:-
Attachments:
Applicant's Narrative &
Plans
Location Map
DRC Comments (LBFH
Resolution 88, 2005
Ordinance 20, 2005
EXECUTIVE SUMMARY
With the adoption of Resolution 88, 2005, the City Council approved minor site plan
modifications, architectural and color changes, an 1 1,850 square-foot restaurant plus 2,890
square feet of outdoor dining, wall and monument signage, and a 6,320 square-foot art
gallery on the second floor of the Seasons 52 restaurant. The building was recently sold to
the owners of the restaurant, who are now requesting the following modifications:
1. The conversion of the 6,320 square-foot art gallery space to professional office use.
2. The transfer of 168 square feet of restaurant use (elevators) to professional use.
3. The elimination of 469 square feet of unusable restaurant use (an enclosed
dumpster area).
4. Eliminate Condition 13 of Resolution 88, 2005, which prohibits entertainment,
music, or loud speakers on the outside of the building and requires doors and
windows to remain closed when such activities occur indoors.
Staff has no objection to the first three requests, but does not support eliminating Condition
No. 13 of Resolution 88, 2005 (request No. 4 above).
LOCATION
The 2.93-acre PUD is located at the northwest corner of Ellison Wilson Road and PGA
Boulevard. Included in the PUD is a 21-space employee parking lot located on the east
side of Ellison Wilson Road. Access to both sites is from Ellison Wilson Road.
BACKGROUND
Ordinance 12, 1986 approved the annexation and development of the site, created the
Bridge Center Planned Unit Development (PUD), and allowed both restaurant and
professional office uses. In addition, this ordinance contained conditions of approval that
restricted certain activities which might disturb the adjacent residents to the north within
Palm Beach County.
Ordinance 27, 1991 amended the site and landscape plans, added eight additional
conditions of approval, and provided for a one-year time extension to September 25, 1992,
for issuance of building permits, with all construction to begin by March 25, 1993.
Resolution 85, 1992 approved a one-year time extension for issuance of building permits
until September 25, 1993, with construction to begin by March 25, 1994.
Ordinance 1 1 , 1995, approved the construction of a restaurant building and also restricted
entertainment, music, and hours of operation.
Ordinance 37, 1997 approved modifications to the building elevation, landscaping, and
building footprint in order to construct an 18,170 square-foot restaurant, with the condition
that all previous conditions contained in Ordinance 11, 1995 should remain in effect.
Date Prepared: August 2,2007
Meeting Date: September 11,2007
Petition PUDA-07-05-000006
Date Prepared: August 2,2007
Meeting Date: September 11 , 2007
Petition PUDA-07-05-000006
Ordinance 19, 1998 amended Ordinance 11, 1995 and approved the development of a
PUD for the site, now known as the Hibiscus Restaurant, with the condition that the
applicant should install and maintain landscaping within the PGA Boulevard right-of-way
located adjacent to the southern property line of the site.
Ordinance 21 , 2000 amended Ordinances 1 1,1995, as amended by Ordinance 37,1997
and Ordinance 19, 1998, in order to allow outdoor seating with service at 13 tables.
Ordinance 20,2005 approved the rezoning of the Planned Unit Development Overlay from
an underlying zoning district of Professional Office (PO) to General Commercial-I (CG-1).
Resolution 88, 2005 permitted minor site plan modifications, architectural and color
changes, an 11,850 square-foot restaurant with 2,890 square feet of outdoor dining with
service for 25 tables, wall and monument signage, and a 6,320 square-foot art gallery on
the second floor.
LAND-USE AND ZONING
The future land-use designation of the subject site as reflected on the City’s Future Land
Use Map is Commercial (C). The zoning classification of the site is a Planned Unit
Development (PUD) Overlay with an underlying zoning of General Commercial-I (CG-1 ).
The site is also within the PGA Boulevard Corridor Overlay. A professional and business
office as proposed is a “Permitted Use” within the General Commercial-I (CG-1) zoning
district.
PROJECT DETAILS
The previous owner of the building had operated an art gallery as a personal venture on
the second floor of the building. The art gallery has ceased operation, and the new
owners are requesting to transfer the 6,320 square-foot space to its original use of
professional office.
The applicant’s second request is to transfer 168 square feet of restaurant use to
professional office use. This space consists of two elevators that will serve the proposed
office space on the second floor. This will result in a total professional office use of 6,488
square feet.
The third request by the applicant is to reduce the 11,850 square-foot restaurant space by
469 square feet. This space, although attached to the building at the southeast corner, is
actually an enclosed dumpster area that is not air conditioned and has never been used as
kitchen, dining, or restaurant support space. By reallocating these square footages, the
indoor restaurant will have 1 1,213 square feet, plus the previously approved 2,890 square-
foot outdoor dining area, for a total restaurant use of 14,103 square feet.
The applicant’s final request is to eliminate Condition #I 3 of Resolution 88, 2005, which
prohibits entertainment, music or speakers outside of the building, and requires all windows
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Date Prepared: August 2,2007
Meeting Date: September 11,2007
Petition PUDA-07-05-000006
and doors to be closed when such entertainment occurs inside. [Please note: There is a
Palm Beach County residential zoning district immediately to the north of this site. The
restaurant building has a minimum setback from the property line of 7 9 feet. Also, there is
an existing 70-foot tall concrete wall between the properties, as well as a sound barrier
adjacent to the outdoor seating area. However, it is staff's opinion that Condition No. 73
should remain in effect because of the close proximity of the adjacent residential zoning
district to the outdoor dining area and because in the past residents have expressed
concerns regarding possible noise from the outdoor seating area.]
Tra Mc Concurrency
Palm Beach County Traffic Division and McMahon and Associates have reviewed the
Traffic Impact Statement prepared by Kimley-Horn and Associates, Inc., and have
concluded that the proposed changes will not have a significant impact on the major
roadway network. The project, therefore, meets Palm Beach County traffic standards and
has been approved for traffic concurrency. (Please see attached correspondence.)
Parking
In accordance with Section 78-345, Table 33 of the Land Development Regulations,
required parking for the site has been calculated at 173 parking spaces. Of the total
required parking spaces, 152 spaces are provided on the main restaurant site west of
Ellison Wilson Road. In addition, 21 spaces are provided in the east parking lot (Lot 11)
across Ellison Wilson Road, which is a part of the PUD. Below is a breakdown of the
parking calculation:
Restaurant & Patio 14,103 /I50 s.f. 94
Employee Parking 14,103 1250 s.f. 57
Office Space 2nd Floor 6,488 /300 s.f. - 22
Total Spaces Required 173
Sianaqe
No additional signage is being proposed with this petition. There are two existing building
identification signs on the east and west elevations for the Seasons 52 restaurant. In
addition, there is a monument sign at the southeast corner of the main restaurant site,
which could also display the name of the professional office tenant, should the applicant so
desire.
Waivers
No new waivers are being requested with this current petition. The following waivers were
previously approved by the City Council through the adoption of Resolution 88,2005, and
shall remain in effect:
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Date Prepared: August 2,2007
Meeting Date: September 1 I, 2007
Petition PUDA-07-05-000006
1.
2.
3.
A waiver from Section 78-285, Table 24, Permitted Signage, to allow one 59”-
high building identification sign on the east elevation and one 48”-high building
identification sign on the west elevation to be located above the second floor
line.
A waiver from Section 78-31 3(b), Minimum Landscape Requirements for Non-
Residential Development, to allow more than nine parking spaces in a row
without landscape islands.
A waiver from Section 78-344, Off-street Parking and Loading, to allow a 40-
foot stacking distance at the entrance driveway at Ellison Wilson Road.
STAFF RECOMMENDATION
Staff recommends approval of Petition PUDA-07-05-000006, with the following conditions
of approval :
1. No medical, dental, or veterinary uses shall be allowed within the
professional office space, unless compliance with the Land Development
Regulations is demonstrated by the submittal of a revised traffic concurrency
and parking analysis acceptable to the City Engineer. (Planning & Zoning,
Engineering)
Previously Approved Conditions to Remain in Effect:
.. 2.
- The applicant, successors, or assigns shall be responsible for the installation
of an irrigation system and maintenance for the center island median on
PGA Boulevard from Ellison Wilson Road to the Intracoastal Waterway. The
applicant, successors, or assigns shall continue to maintain the road
shoulder of PGA Boulevard from Ellison Wilson Road to the Intracoastal
Waterway. This condition may be amended at anytime by a separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
3. The Growth Management Administrator may allow for the conversion of
permitted uses, provided that the code requirements for parking and traffic
performance standards are met. (Growth Management Department)
.. .. 4.
epe&ms- If at anytime it is determined that the use of such outdoor
seating andlor service area has violated the City’s noise regulations so as to
interfere with the adjacent property owners’ use and enjoyment of their
properties, the restaurant operator shall be given an opportunity to respond
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Date Prepared: August 2,2007
Meeting Date: September 11,2007
Petition PUDA-07-05-000006
and remedy all complaints within 30 days. As an additional recourse, the
Growth Management Administrator, or designee, may require the outdoor
seating and/or service operations be reduced from 100 seats at 25 tables to
72 seats at 18 tables and located, as far as practicable, toward the south end
of the patio. (Growth Management Department)
5. The outdoor seating and/or service area approval may be revoked by the
City Council in its discretion after a public hearing based upon a
determination that the use of such area violates the City’s noise regulations
so as to interfere with the adjacent property owners’ use and enjoyment of
their properties. (Growth Management Department)
6. The approval of outdoor seating shall be automatically revoked should the
lessee at the time of this approval (Seasons 52) cease to operate a
restaurant at the site. (Code Enforcement, Growth Management Department)
7. Entertainment, music, or loud speakers shall not be permitted on the outside
of the building. If entertainment, music, or loud speakers occur inside the
building, all windows and doors shall remain closed. (Code Enforcement)
(Note: Applicant is requesting this previous condition be eliminated.
Staff does not support the elimination of this condition.)
8. No deliveries to the restaurant shall occur prior to 7:OO a.m. or after 7:OO p.m.
(Code Enforcement)
9. The restaurant shall cease operation, and all windows and doors shall be
closed, by 1O:OO p.m. Sunday through Thursday, and by 11:OO p.m. Fridays
and Saturdays. (Code Enforcement)
jhollomanISeasons 52IUse Changelstaff report PZAB 1 0
6
Cotleur & Hearing Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane * Suite 1 * Jupiter, Florida * 33458 - Ph 561.747.6336 - Fax 561.747.1377 * Lic.#LC-C000239 0
May 9,2007
Revised August 1 7'h, 2007
J us t ifica t ion St a tern en t
Introduction 1
The 2.9-acre property located on Ellison Wilson Road in the City of Palm Beach Gardens is
currently approved for an +/-11,850-square foot restaurant and a 6,320 square foot art
gallery. The property was recently sold to the tenant, Seasons 52, who would like to return
the site to its original approval of restaurant and professional office use. The applicant is
requesting an amendment to the PUD and Resolution 88, 2005 to permit the addition of
office use and the elimination'of art gallery use. The applicant would also like to take this
opportunity to clarify building square footage within the enclosed dumpster area and to
eliminate one condition of approval.
Specific Requests and Fees
Legal Escrow $1,000.00
Enqineerina Escrow $2,000.00
PUD Amendment $2,250.00
Total Fees $5,250.00
APPLICANT
GMRI, Inc. - Seasons 52
Attn: Tim Hanrahan
5900 Lake Ellenor Drive
Orlando, FL 32809
Project Team
AGENT / PLANNER / LANDSCAPE ARCHITECT
Cotleur & Hearing, Inc.
Attn: Don Hearing / Alessandria Kalfin
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
P: 561-747-6336 ext. 128
F: 561-747-1377 ..
Seasons 52
PUD amendment
Page 2 of 6
ARCHITECT
HMO Group
Attn: Willfredo F. Perez
1400 N.W. 107th Avenue
Miami, FL 33172
P: 305-594-2975
F: 305-594-2979
TRAFFIC ENGINEER
Kimley-Horn & Associates, In
Attn: Adam Kerr
4431 Embarcadaro Drive
West Palm Beach, FL 33407
P: 561-840-0874
F: 561-863-8175
General Request
The subject property is a 2.9-acre property located on the west side of Ellison Wilson, on
the northeast corner of the PGA Boulevard Bridge. The property possesses a CG-l/PUD
zoning designation which is consistent with the Commercial comprehensive land use
designation. The most recently approved site plan permitted a +/-11,850-square foot
restaurant and a 6,320 SF art gallery. The property was recently sold to GMRI, Inc.
(Seasons 52) who would like to return the site to its original approval of restaurant and
professional office use. Originally, the site was approved for restaurant and office use and
was known as "Bridge Center". The applicant is also requesting to clarify building square
footage within the enclosed dumpster area as non-usable space and the applicant is
requesting to eliminate one condition of approval.
The modifications with the request include:
1. The transfer of 6,320 square feet of art gallery use to professional office use.
2. The transfer of 168 square feet of restaurant use to professional office use
(elevators)
3. The elimination of 469 square feet of unusable restaurant use (enclosed dumpster
area)
4. Eliminate condition 13 of Resolution 88, 2005
The applicant's first request is to transfer 6,320 square feet of art gallery use to
professional office use located on the second floor of the existing building (no new
construction required). The previous owner opened the gallery as a personal interest.
Unfortunately the gallery was not successful. The current owner, and applicant, has
decided to change this second floor space into professional office, returning it to its
original use, which will create a synergistic combination of uses at the site. The applicant
hopes to attract prominent businesses to use the proposed office space and to add a
mixed use element to the building.
C.\Documents and Setltngs\jholloman\Local Sellings\Temporary Internet Files\Conlent Outlook\44VOA9SE\O5O4 10-PUDA-Jusll Acallon Statement (2) doc
Seasons 52
PUD amendment
Page 3 of 6
The applicant's second request is to transfer 168 square feet of restaurant use to
professional office use. This square footage consists of two (2) elevator spaces that lead to
the second floor. Since the second floor will now be used for professional office, the 168
square feet is proposed to be transferred to professional office use.
0
The applicant's third request is to eliminate 469 square feet of unusable restaurant space.
The total approved square footage of restaurant use is 11,850 square feet. This number
currently includes the enclosed dumpster area located in the southeast corner of the
building. This area is not air conditioned and has never been used to house kitchen, dining
or restaurant support space. The applicant has included a certified letter from the architect
indicating the enclosed dumpster area is a total of 469 square feet. The 469 square feet
has been deducted from the total restaurant use area. This leaves the applicant with a
total of 11,213 square feet of restaurant use, 2,890 square feet of outdoor dining
(approved) and 6,488 square feet of professional office use.
The applicant's fourth request is to eliminate a previous condition of approval. Condition
number 13 of Resolution 88, 2005 prohibits entertainment, music or speakers outside of
the building and requires all windows and doors to be closed if these elements exist inside
of the building. This condition was approved by City Council in 1995 for a different
restaurant tenant. The current restaurant tenant, Seasons 52, has inhabited the building
for nearly two years. In this time they have proved that they are a "good neighbor" by
taking responsibility for any externality that have affected their residential neighbors. The
applicant is respectfully requesting the elimination of condition 13 to permit music to be
played on outdoor speakers for the enjoyment of outdoor dining guests. The outdoor and
indoor music is proposed to be played at low volumes that do not exceed the noise
performance standards of code section 78-661(b).
Vehicular Parking:
The overall parking plan of the site will remain identical to the previous site plan approval.
The parking data has changed slightly due to the change in use square footages. Since the
overall restaurant square footage is proposed to be decreased, the required parking
spaces necessary to park the combined uses at code has also decreased from 126 to 120
spaces, The six (6) available parking spaces have been assigned to the new professional
office square footage. The outdoor seating has not changed and neither has the required
amount of parking. The gallery has been completely eliminated so the eleven (11) parking
spaces designated towards that use have been assigned to the professional office use. The
site is currently over parked for the approved uses and can provide an additional five (5)
parking spaces that will be assigned to the professional office use. These modifications
allow for the professional office use to park to the LDR code required 22 spaces.
C \Documents and Sellings\]holloman\Local Selltngs\Ternporary lnlernel Files\Conlenl Oullook\44VOA9SE\0504 10-PUDA-Jusli Acalion Slalemenl (2) doc
Seasons 52
PUD amendment
Page 4 of 6
COMPLIANCE WITH SECTION 78-49(b):
AMENDMENTS TO APPROVED DEVELOPMENT ORDERS:
MAJOR AMENDMENTS
(1) Increase of intensity. Any change in nonresidential intensity which, in combination
with prior minor amendments, cumulatively exceeds the limitations or standards listed
below.
An increase in professional omce space is requested; however the elimination of art gallery
use and decrease in restaurant use will negate increased effect.
a. Relocation. Any proposed relocation of the approved number of gross square
footage which is equal to or greater than five percent of the approved gross square
feet of all nonresidential structures.
Not applicable
b. Decrease in required parking. Unless otherwise provided in this chapter, any
proposed decrease of the existing number of parking spaces which is the greater of
five percent of the existing parking spaces or 20 parking spaces. Decreases in
required parking otherwise requiring action by the planning, zoning and appeals
board or the city council shall not be considered a major amendment for the purpose
of this section.
Each use will be parked by the code requirement. The overall number of existing
parking spaces will remain identical to the previous approval.
c. Increase in the number of structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approva I.
Not applicable.
d. Any proposed reduction of heavily utilized parking spaces as determined by the
growth management director.
Not applicable.
(2) Increase in density. Any increase in the approved number of residential units.
Not applicable
(3) Increase in building height above the height permitted in the applicable zoning
district.
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Seasons 52
PUD amendment
Page 5 of 6
Not applicable
(4) Utility facilities. Any addition or relocation of outdoor utility facilities, including, but
not limited to, the following: chillers, air-conditioning units, above-ground fuel tanks
including propane or natural gas, electrical equipment such as junction boxes, and ground-
mounted service boxes for public utilities such as'telephones and cable television, which
are deemed to be substantial by the growth management director. This shall not apply to
single-family lots or duplex lots.
0
Not applicable
(5) Boundary changes. Any proposed boundary change of the approved development
plan.
Not applicable
(6) Traffic impact. Any increase in overall traffic impact, except as may be provided in
this chapter.
A trafic impact statement has been included within this application. The statement
concludes that no significant trafic impact will be created due to the changes in use.
(7) Character and appearance. Any amendment which would negatively impact the
character or the appearance of an approved development. 0 Not applicable.
(8) Amenities. Any amendment which would materially decrease the number or size of
amenities in all or a portion of any residential or nonresidential development.
Not applicable.
(9) Residential unit types. Any change in the approved mix of residential dwelling unit
types that would require alterations of an approved plat.
Not applicable.
(10) Architectural style. Any change in the approved architectural style of residential
dwelling unit types or nonresidential structures which results in:
a. An architectural style that is out of character with the approved or existing architecture
(e.g., change from Mediterranean style to neo-classical).
Not applicable.
b. New residential models that are substantially different from approved models.
Not applicable.
C \Documents and Sellings~holloman\Local Sellmgs\Temporary lnlernel Files\Contenl Oullook\44VOA9SE\0504 tO_PUDA_Jusl1fica11on Sialemenl (2).doc
Seasons 52
PUD amendment
Page 6 of 6
(1 1) Building materials. Any significant changes in exterior building materials that result
in a downgrade as determined by the growth management director.
Not applicable.
0
(12) Changes to phasing or conditions. Any changes to an approved development
phasing plan or any condition of development approval.
A change to the development order is being requested to amend the approved uses for
the site from restaurant and art gallery to restaurant and professional ofice. The applicant
proposes to eliminate condition 13 from Resolution 88 2005 that directly relates to a
previous restaurant tenant.
(13) Changes to developer's agreements. Any changes to an approved developer's
agreement.
Not applicable
Conclusion
This request for a PUD amendment is in harmony with the City's Comprehensive Plan and
Zoning Code, and is consistent with the existing surrounding land uses and original land
development approvals for the site. The request meets all adopted levels of service within
the City. The Applicant looks forward to meeting with City representatives to discuss the
revisions and improvements to the site plan and respond to any outstanding comments or
issues that staff may have. 0
C:\Documenls and Sellings\jhollornan\Local Sellings\Temporary lnlernel F1les\Conlent.Oullook\44VOA9SE\QSO4lO~PUDA~Just1~cal1on Slatemenl(Z).doc
May 14,2007
Ms. Jackie Holloman
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, F1 334 10
Re: Seasons 52 Restaurant
1161 1 Ellison Wilson Rd.
Palm Beach Gardens, FL
To whom it may concern
This letter is made to confirm the following building areas:
I. Dumpster enclosure .......................... 469 sq. ft.
67 sq. fi. 3.
2. Elevator equipment room .................... 101 sq. ft.
Rear elevator ___________________________________
/
ARCHITECTS 9 INTERIOR SPACE DESIGNERS CORPORATE PLANNERS
hmd GROUP 1400 N.W. 107 AVE. SUITE 301 MIAMI, FLORIDA 331 72 (305) 594-2975 FAX: (305) 594-2979
LICENSE #AA F000074
I .-
h4 c h.1 A I1 OK A SSOC~ I ATES, IN C. _- I iii ti .Military Tiaii j Suite 5 Palm Geach Gardens, FL 33410
p 561-840-8650 I f 561-840-8590
www.rncrntrans.com
TO:
FROM:
SUBJECT:
DATE:
CC:
TECHNICAL MEMORANDUM
James Orth, P.E., Assistant City Engineer
City of l'alni Beach Gardens
John P. Kim, P.E., PTOE, Senior Project Manager
McMahon Associates, Inc.
Season's 52 Restaurant TIS
McMahon Project No. M06344.07
August 8, 2007
Dan Clark, P.E.
City of Palm Beach Gal-dens
McMahon Associates, Inc. (McMahon) has reviewed the Traffic Impact Analvsis for the above
referenced project, prepared bv Kimley-Horn Associates, lnc., dated ]ulv 12, 2007. The existing
12,060 square foot quality restaurant will be replaced by the following: e
Quality Restaurant 14,103 square tcet
General Office 6,488 SqLlaJe tet>t
All of the previous comments made by McMahon were adequately addressed and the analysis
indicates that the project will not have a significant impact on Ellis Wilson Road. The project
ran be approved for traffic concurrency. Please feel he? to contact me with any questions you
111 a y ha v e concern i n g t h i s review .
J 1'K : Ll E
t noston i Fort Washington Exton I Mechanicsburg '\ Yardville rl Palm Beach Gardens Fort Lauderdale 1 Fort Myers 1 Miami
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“Partners For Results
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35 0 S.W. Corporate Pkwy.
Palm City, FL 34990 3 (772) 286-3883
1;ax (772) 286-3925
www.lbfli.com
MEMORANDUM
TO: Jackie Holloman
FROM: Jim Orth, P.E.
DATE: August 10,2007
FILE NO. 04-4361 / 30917
SUBJECT: Season’s 52
Traffic Impact Analysis
The City’s traffic consultant, McMahon & Associates, Inc., has completed their
review of the Traffic Impact Analysis for the referenced project prepared by
Kimley Horn & Associates, Inc. dated July 12, 2007 and received July 13, 2007
pursuant to the Palm Beach County Traffic Performance Standards and the City of
Palm Beach Gardens Land Development Regulations for the above referenced
project. Their review concludes that their previous concerns have been addressed
and the project can be approved for concurrency.
A copy of McMahon & Associates, Inc., coordinated comment memorandum dated
August 8, 2007 is attached. A copy of Palm Beach County Traffic Division’s
comment memorandum will be forwarded upon receipt.
If you have any questions or require additional information, please do not hesitate
to contact me at (561) 799-4129.
JRO/mef
cc : Todd Miller - Palm Beach Gardens (tmiller@pbgfl.com)
John Kim - McMahon & Associates, Inc. (john.kim@mcmtrans.com)
Masoud Atefi - PBCTD (matefi@,co.palm-beach.fl.us)
C:\Docurnents and Settings\jholloman\Local Settings\Temporary Internet Files\Content.Outlook\44VOA9SE\4361 - 3091 7
20070810 - Transmit McMahon comments to City (2).doc
ht c hf AH 0 N A 6s 0 C 1A TE SI IN C.
7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410
www.mcmtrans.com
p 561-840-8650 I f 561-840-8590
TO:
FROM:
SUBJECT:
DATE:
cc:
TECHNICAL MEMORANDUM
James Orth, P.E., Assistant City Engineer
City of Palm Beach Gardens
John P. Kim, P.E., PTOE, Senior Project Manager
McMahon Associates, Inc.
Season's 52 Restaurant TIS
McMahon Project No. M06344.07
August 8,2007
Dan Clark, P.E.
City of Palm Beach Gardens
1'11 1 N c1 I' A LS
Joseph W. McMahon. P.E.
Rodney P. Plourde, Ph.D., P.E.
Joseph J. DeSantis, P.E., PTOE
John S. DePalma
William T. Steffens
ASS 0 C I ATE S
Casey A. Moore, P.E.
Gary R. McNaughtoii, P.E., PTOE
John J. Mitchell, P.E.
Christophei J. Williams, P.E.
John F. Yacapsin, P.E.
Thomas A. Hall
McMahon Associates, Inc. (McMahon) has reviewed the Traffic Impact Analysis for the above
referenced project, prepared by Kimley-Horn Associates, Inc., dated July 12,2007. The existing
12,060 square foot quality restaurant will be replaced by the following: 0 Quality Restaurant 14,103 square feet
General Office 6,488 square feet
All of the previous comments made by McMahon were adequately addressed and the analysis
indicates that the project will not have a significant impact on Ellis Wilson Road. The project
can be approved for traffic concurrency. Please feel free to contact me with any questions you
may have concerning this review.
JPK:DE
F \FL\06344M\06344M-07 - Season 52 Restauraiit\Admin\Season's 52 Restauarant - 073107.doc
\14 Boston I'A Fort Washington I Exton I Mechanicsburg hi Yardville I I Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami
July 9, 2007
Department of Engineering
and Public Works
P.O. Box 2 I229
West Palm Beach. FL 33416.1229
(561) 684-4000
www.pbcgov corn
Palm Beach County
Board of County
Commissioners
Addie L. Creene. Chairperson
jeff Koons. Vice Chair 0 Karen T. Marcus
Warren H Newell
Mary McCarty
Burt Aaronson
Jess R Santarnaria
County Administrator
Robert Weisman
"An Equal Opprluniy
Ajjmafive Arnon i?nipfo)t-r"
Ms. Judy A. T. Dye, P.E.
Assistant City Engineer
City of Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
RE. Seasons 52 Resiaurant - Revised Pian and Build-Gut
Project #: 070609
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Division has received and reviewed the traffic study for
the revised development plan and build-out date of the previously approved project
entitled; Seasons 52 Restaurant, pursuant to the Traffic Performance Standards in
Article 12 of the Palm Beach County Land Development Code. The project is
summarized as follows:
Location :
Municipality:
PCN #:
Existing Uses:
Prev. Approval:
Proposed Plan:
New Daily Trips:
New PH Trips:
Build-out:
NW Quadrant of PGA Boulevard and Ellison Wilson Road
Palm Beach Gardens
21,060 SF Quality Restaurant (including 2,890 SF patio)
14,740 SF Quality Restaurant (including 2,890 SF patio), and 6,320
SF Art Gallery.
14,103 SF Quality Restaurant, and 6,488 SF General Office.
Trip Reduction
15 AM and Trip Reduction PM
2009
52-43-42-04-29-000-0000
The Traffic Division has determined that the proposed change in use constitutes
irsicjnificard LTipaci ijri the indjol' roadway network and tneretore meets the Traffic
Performance Standards of Palm Beach County. No building permits are to be issued by
the town, after the build-out date, specified above. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic Performance
Standards Ordinance. If you have any questions regarding the above comments, please
contact me at 684-4030.
Sincerely,
-\
1, / ,
Masoud Atefi, MSCE
TPS Administrator, Municipjdifies
CC: Kimley-Horn 8 Associates
@ pnnled on recycled paper
File: General - TPS Mun. Traffic Study Review
F~\TRAFFIC\rna\Adrnin\pprovals\070609.doc
Date Prepared: June 2,2005
As Amended by Council: July 7,2005
RESOLUTION 88,2005
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORlOA APPROVING AN AMENDMENT TO
THE PLANNED UNIT DEVELOPMENT (PUD) FORMERLY KNOWN
AS THE HIBISCUS RESTAURANT AND THE BRIDGE CENTER
PUD LOCATED AT THE NORTHWEST CORNER OF PGA
BOULEVARD AND ELLISON WILSON ROAD TO ALLOW MINOR
SITE PLAN AND ARCHITECTURAL MODIFICATIONS TO THE
EXISTING 18,170-SQUARE-FOOT BUILDING TO INCLUDE AN
I I ,850-SQUARE-FOOT RESTAURANT WITH A 2,890-SQUARE-
FOOT OUTDOOR DINING AREA WITH SERVICE, A 6,320-
SQUARE-FOOT ART GALLERY, AND WALL AND MONUMENT
SIGNAGE, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 25, 1986, the City Council adopted Ordinance
12,1986, thereby approving the Bridge Center Planned Unit Development (PUD); and
WHEREAS, on October 3, 1991, the City Council adopted Ordinance 27, 1991,
thereby amending the site and landscape plans, adding eight additional conditions of
approval, and granting a one-year time extension to September 25, 1992; and
WHEREAS, on September 17, 1992, the City Council adopted Resolution 85,
1992, thereby providing for a one-year time extension to September 25, 1993; and
WHEREAS, on December 7, 1995, the City Council adopted Ordinance 11,
1995, which approved a planned unit development with conditions for the construction
of a restaurant building; and
WHEREAS, on September 4, 1.997, the City Council adopted Ordinance 37,
footprint in order to construct an 18,170-square-foot restaurant, with the condition that
all previous conditions contained in Ordinance 11, 1995 should remain in effect; and
1997, which approved modifications to the building elevation, landscaping, and building \
WHEREAS, on October 15, 1998, the City Council adopted Ordinance 19, 1998,
which amended the landscape plan and approved, with conditions, an exterior color
change and wall sign colors for the Hibiscus Restaurant; and
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Date Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
WHEREAS, on October 5, 2000, the City Council adopted Ordinance 21, 2000,
which allowed outdoor seating with service for 52 seats at 13 tables at the Hibiscus
Restaurant, with the condition that the outdoor seating would be revoked should the
lessee change; and
WHEREAS, the City has received a request (PUD-04-21) from Cotleur &
Hearing, Inc., on behalf of PGA Summers Association, for approval of an amendment to
the planned unit development to allow minor site plan modifications, architectural and
color changes, outdoor dining for 25 tables (1 00 seats) on the existing 2,890-square-
foot patio, a change in wall and monument signage, and a 6,320-square-foot art gallery
on the second floor: and
WHEREAS, the Growth Management Department has reviewed said application,
has determined it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
May 10, 2005, and voted 7-0 to recommend approval with conditions and waivers; and
WHEREAS, by adoption of Ordinance 20, 2005, the City Council determined that
the site plan approvals and related conditions for the former Hibiscus Restaurant
Planned Unit Development contained in Ordinance 21, 2000, Ordinance 19, 1998,
Ordinance 37, 1997, and Ordinance 11, 1995 shall be transferred to this Resolution;
and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended development plans for the Seasons 52 Planned Unit
Development are hereby APPROVED for the following described real property, to permit
minor site plan modifications, architectural and color changes to the 18,170-square-foot
existing building, an 11,850-square-foot restaurant with outdoor dining with service for
25 tables (100 seats) on the existing 2,890-square-foot patio, a change in wall signage
and monument signage, and a 6,320-square-foot art gallery on the second floor, subject
to the conditions of approval provided herein, which are in addition to the general
requirements otherwise provided by ordinance:
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Date Prepared: June 2,2005
Resolution 88,2005
As Amended by Council: July 7,2005
LEGAL DESCRIPTION:
ALL OF BRIDGE CENTER PLAT, ACCORDING TO THE PLAT THEREOF AS
PALM BEACH COUNTY, FLORIDA.
RECORDED IN PLAT BOOK 83, PAGES 183-184, IN THE PUBLIC RECORDS OF
ALSO BEING DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH
02'02'06" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 5 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5
IS ASSUMED TO BEAR NORTH 02'02'06" EAST AND ALL OTHER BEARINGS ARE
WILSON ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 12, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 87.88 FEET TO A POINT;
THENCE DEPARTING SAID EAST LINE AND CENTERLINE, NORTH 87'57'54" WEST
RELATIVE THERETO), SAID LINE ALSO BEING THE CENTERLINE OF ELLISON-
A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF ELLISON-WILSON ROAD AS SHOWN IN OFFICIAL RECORD BOOK 7100,
PAGE 795, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND;
52'44'21" WEST A DISTANCE OF 62.02 FEET TO A POINT ON THE NORTHERLY
STATE ROAD 74) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 186, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE ALONG
NORTH 80' 43' 16" WEST A DISTANCE OF 37.18 FEET; THENCE NORTH 71'57'42''
WEST A DISTANCE OF 196.00 FEET, THENCE NORTH 80'50'38" WEST A
OF THE INTRACOASTAL WATERWAY AS RECORDED IN PLAT BOOK 17, PAGE
29, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
197.81 FEET TO A POINT ON THE SOUTH LINE OF THE PLAT OF WATERWAY
VISTA, AS RECORDED IN PLAT BOOK 25, PAGE 158, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 88"26'19" EAST ALONG SAID SOUTH
LINE A DISTANCE OF 489.88 FEET TO THE SOUTHEAST CORNER OF SAID PLAT
OF WATERWAY VISTA BEING 40.00 FEET WEST OF THE SAID CENTERLINE OF
ELLISON-WILSON ROAD; THENCE SOUTH 02"02'06'' WEST A DISTANCE OF
245.98 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH
RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD (A.K.A. STATE ROAD 786 AND
SAID NORTHERLY RIGHT-OF-WAY LINE THROUGH THE FOLLOWING COURSES,
DISTANCE OF 203.48 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
02'13'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF
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Date Prepared: June 2,2005
Resolution 88,2005
As Amended by Council: July 7,2005
TOGETHER WITH:
LOT 11, LESS THE WEST 7.00 FEET THEREOF, ARTHUR M. AND EMMA 0. SMITH
SUBDIVISION ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 22, PAGE 57.
CONTAINING 127,492.34 SQUARE FEET OR 2.93 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. A waiver from Section 78-285, Table 24, Permitted Signage, to allow one
59”-high building identification sign on the east elevation and one 48”-high
building identification sign on the west elevation to be located above the
second floor line.
2. A waiver from Section 78-313(b), Minimum Landscape Requirements for
Non-Residential Development, to allow more than nine parking spaces in a
row without landscape islands.
3. A waiver from Section 78-344, Off-street Parking and Loading, to allow a
40-foot stacking distance at the entrance driveway at Ellison Wilson Road.
25 SECTION 4. Said Planned Unit Development is approved subject to the
26 following amended conditions, which shall be the responsibility of the applicant, its
27 successors, or assigns:
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29 1. Prior to construction plan approval and the issuance of the first land
30 alteration permit, the applicant shall schedule a pre-permit meetinq with City
31 staff. (Citv Enqineer)
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40 Prior to the issuance of the first land alteration permit, the applicant shall
41 provide a separate cost estimate for all on-site improvements, excludinq
42 landscapinq and irrigation improvements. The cost estimate shall be siqned
43 and sealed by a registered enqineer licensed in the State of Florida.
44 {Buildins Department)
45
2. Prior to the issuance of the first land alteration permit, the applicant shall
provide a cost estimate for all landscaping and irrigation improvements.
Surety shall be based on 110% of the approved cost estimates and shall be
posted prior to the issuance of the first building permit. The cost estimate
shall be siqned and sealed by a landscape architect licensed in the State of
3.
4
Date Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
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4. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide to the City letters of
authorization from the applicable utilitv companies allowinq landscapinq and
liqht poles to be placed within the utilitv easements. (City Enqineer)
5. Within thirtv (30) days of the completion of all DOT roadwork alonq PGA
Boulevard between Ellison Wilson Road and the Intracoastal Waterwav, the
apdicant, successors, or assiqns shall be responsible for the installation of
an irrigation svstern and maintenance for the center island median on PGA
Boulevard from Ellison Wilson Road to the Intracoastal Watewav. The
applicant, successors, or assiqns shall continue to maintain the road
shoulder of PGA Boulevard from Ellison Wilson Road to the Intracoastal
Waterway. This condition may be amended at anytime by a separate
aqreernent between the applicant and the City of Palm Beach Gardens.
lCitv Forester)
6. Prior to the issuance of the certificate of occupancy, the applicant shall
provide documentation demonstrating unity of title of the restaurant site and
the erndovee Darkinn lot on the east side of Ellison Wilson Road. (Growth
Manaqement Department)
7. The Growth Manaqement Administrator may allow for the conversion of
permitted uses, provided that the code requirements for parkinq and traffic
performance standards are met. (Growth Manaqement Department)
8. Six months followinq issuance of the certificate of occupancy, City staff shall
conduct a review of the impacts of the outdoor seatinq and/or service
operations. If it is determined that the use of such outdoor seatinq andlor
service area has violated the Citv’s noise regulations so as to interfere with
the adiacent property owners’ use and eniovrnent of their properties, the
restaurant operator shall be qiven an opportunity to respond and remedy all
complaints within 30 daw. As an additional recourse, the Growth
Manaqement Administrator, or desiqnee, may require the outdoor seating
andlor service operations be reduced from 100 seats at 25 tables to 72
seats at 18 tables and located, as far as practicable, toward the south end
of the patio, (Growth Manaqement Department)
9. The outdoor seatinq and/or service area approval may be revoked by the
City Council in its discretion after a public hearinq based upon a
determination that the use of such area violates the Citv’s noise requlations
so as to interfere with the adiacent property owners’ use and enioyment of
their properties. (Growth Manaqement Department)
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Date Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
IO. Required digital files of the approved plat in its entiretv, transformed to NAD
83 State Plan Coordinate System, shall be submitted to the Planninq and
Zoninq Division prior to issuance of the first buildinq permit. Aoproved civil
enqineerinq as-built design and architectural drawinqs shall be submitted to
the Planning and Zoning Division prior to the issuance of the first certificate
of occupancy. (GIs Manager, Development Compliance)
11. Outdoor seatinq, assemblv, or food service shall not be allowed on any of
the balconies of the restaurant buildinq. (Code Enforcement
12. The restaurant's kitchen and Qarbage enclosure exhaust system shall be
filtered. Pollution and odor generated from the restaurant shall complv with
Section 78-661 entitled "Performance Standards", Subsections (c) entitled
"Odor" and (f) entitled, "Smoke", of the City's Land Development
Regulations. (Code Enforcement)
13. Entertainment, music, or loud speakers shall not be permitted on the outside
of the buildinq. If entertainment, music, or loud speakers occur inside the
buildins, all windows and doors shall remain closed. (Code Enforcement)
14. Sounds emanatinq from the restaurant site shall not exceed the standards
set forth in Section 78-661 (b) Noise, entitled "Performance Standards," of
the City's Code of Ordinances, as amended. (Code Enforcement)
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15. All windows on the second floor office as shown on the north elevation shall
be of obscure qlass or qlass block. All windows on the north elevation shall
be non-operable. (Development Compliance)
16. All roof-mounted equipment shall be screened from line of sinht view.
/Development Compliance)
17. No deliveries to the restaurant shall occur prior to 7:OO a.m. or after 7:OO
p.m. (Code Enforcement)
18. The restaurant shall cease operation, and all windows and doors shall be
closed by 1O:OO p.m. Sunday throuqh Thursday, and bv 11:OO p.m. Fridays
and Saturdays. (Code Enforcement)
19. The approval of outdoor seating shall be automatically revoked should the
lessee at the time of this approval (Seasons 52) cease to operate a
restaurant at the site. (Code Enforcement, Growth Manaqement
Department)
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Ordinance 21,2000:
Date Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
.. .. &&
Ordinance 19, 1998:
7
Date Prepared: June 2,2005
Resolution 88,2005
As Amended by Council: July 7,2005
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Ordinance 37, 1997:
I1 1;
Ordinance 11 I 1995:
4-74
.. a*
8
Date Prepared: June 2,2005
Resolution 88,2005
As Amended by Council: July 7,2005
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Date Prepared: June 2,2005
Resolution 88,2005
As Amended by Council: July 7,2005
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SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans, as amended herein, and on file with the City's Growth
Management Department:
**- ' , 67-sIwetAl-BQ ..
10
Date Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
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in
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13 r)r L.”
19
1. Site Plan ST.1, Addendum No. 4, bv HMD Group, Inc., dated 02-22-05.
2. Landscape Plans L-I, L-2, L-3, L-4, bv R. Bartlett Landscape, Inc., dated
05-09-05.
3. Architectural Plans AI.1, Al.la, A1.2, A2.7, A3.1, A3.2, A3.3, Addendum
No. 4, by HMD Group dated 02-22-05.
4. Parkinq Lot Liqhtinq & Photometric Plan E2, bv Nation31 Enqineerinq
Corporation, sisned and sealed 03-01-05.
5. Updated Boundary Survey for Seasons 52, 2 sheets, by F.R.S. 8,
Associates, Inc.. dated 06-1 7-04.
6. Colors and Materials Board entitled Seasons 52 Restaurant Exterior
Finishes dated April 18, 2005.
7. Siqnaqe Details by Chandler Siqns, 7 sheets, Front Elevation 59”-Hiqh “S”,
Rear Elevation 48”-Hiqh “S”, and Monument Siqn 9’ hiqh x 10’ wide, revised
6/2/05 and received June 3, 2005.
SECTION 6. All future amendments to the Seasons 52 Planned Unit
Development shall be approved by Resolution.
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Dale Prepared: June 2, 2005
Resolution 88, 2005
As Amended by Council: July 7,2005
SECTION 7. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 2 I day of TocLJ ,2005.
CITY OF PALM
ATTEST: / /
BY:
Pafricia Snidgr, CMC, Chy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Taturn, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
CO U NC I LM EM B E R VALEC H E
COU N C I LM EMBER BAR NETT
AYE NAY ABSENT
d
\\PbgsfileVlttorney\tlorney_share\RESOLUTIONS\seasons 52-reso 88 2005-as amended by council at Rrsl reading-final.doc
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Date Prepared: May 26, 2005
As Amended after First Reading: July 7,2005
ORDINANCE 20,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REZONING AN APPROXIMATELY
DEVELOPMENT (PUD) OVERLAY I PROFESSIONAL OFFICE (PO)
TO PLANNED UNIT DEVELOPMENT (PUD) OVERLAY I GENERAL
ORDINANCE 37,1997, ORDINANCE 19,1998 AND ORDINANCE 21,
2000 RELATING TO THE EXISTING PLANNED UNIT
DEVELOPMENT (PUD) FORMERLY KNOWN AS THE BRIDGE
CENTER PUD AND THE HIBISCUS RESTAURANT PUD;
TRANSFERRING THE SITE PLAN APPROVAL AND RELATED
CONDITIONS TO RESOLUTION 88, 2005; AND PROVIDING AN
EFFECTIVE DATE.
2.93-ACRE PARCEL OF LAND FROM PLANNED UNIT
COMMERCIAL (CG-1); AMENDING ORDINANCE 11, 1995,
WHEREAS, on September 25, 1986, the City Council adopted Ordinance
12,1986, thereby approving the Bridge Center Planned Unit Development (PUD); and
WHEREAS, on October 3, 1991, the City Council adopted Ordinance 27, 1991,
thereby amending the site and landscape plans, adding eight additional conditions of
approval, and granting a one-year time extension to September 25, 1992; and
WHEREAS, on September 17, 1992, the City Council adopted Resolution 85,
1992, thereby providing for a one-year time extension to September 25, 1993; and
WHEREAS, on December 7, 1995, the City Council adopted Ordinance 11,
1995, which approved a planned unit development with conditions for the construction
of a restaurant building; and
WHEREAS, on September 4, 1997, the City Council adopted Ordinance 37,
1997, which approved modifications to the building elevation, landscaping, and building
footprint in order to construct the 18,170-square-foot Hibiscus Restaurant, with the
condition that all previous conditions contained in Ordinance 11, 1995 should remain in
effect; and
WHEREAS, on October 15, 1998, the City Council adopted Ordinance 19, 1998,
which amended the landscape plan, and approved, with conditions, an exterior color
change and wall sign colors for the Hibiscus Restaurant; and
WHEREAS, on October 5, 2000, the City Council adopted Ordinance 21, 2000,
which allowed outdoor seating with service for 52 seats at 13 tables at the Hibiscus
Restaurant, with the condition that the outdoor seating would be revoked should the
lessee change; and
Date Prepared: May 26,2005
Ordinance 20, 2005
As Amended after First Reading: July 7, 2005
WHEREAS, the City has received a request (REZN-05-05-000001) from Cotleur
& Hearing, Inc., on behalf of PGA Summers Association, for approval to rezone an
approximately 2.93-acre parcel of land from Planned Unit Development (PUD)
Overlay/Professional Office (PO) to Planned Unit Development (PUD) Overlay/General
Commercial (CG-1); and
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WHEREAS, the Growth Management Department has reviewed said application,
has determined it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
May IO, 2005, and voted 7-0 to recommend approval with conditions and waivers; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of the parcel of land, as more particularly described below, from
a zoning designation of Planned Unit Development (PUD) Overlay with an underlying
zoning district of Professional Office (PO) to a Planned Unit Development (PUD)
Overlay with an underlying zoning district of General Commercial (CG-1 ):
LEGAL DESCRIPTION:
ALL OF BRIDGE CENTER PLAT, ACCORDING TO THE PLAT THEREOF AS
PALM BEACH COUNTY, FLORIDA.
RECORDED IN PLAT BOOK 83, PAGES 183-184, IN THE PUBLIC RECORDS OF
ALSO BEING DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH
02'02'06'' EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 5 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5
IS ASSUMED TO BEAR NORTH 02"02'06" EAST AND ALL OTHER BEARINGS ARE
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Dale Prepared: May 26,2005
Ordinance 20, 2005
As Amended after First Reading: July 7, 2005
WILSON ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 12, PUBLlC RECORDS
OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 87.88 FEET TO A POINT;
THENCE DEPARTING SAID EAST LINE AND CENTERLINE, NORTH 87'57'54" WEST
RELATIVE THERETO), SAID LINE ALSO BEING THE CENTERLINE OF ELLISON-
A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF ELLISON-WILSON ROAD AS SHOWN IN OFFICIAL RECORD BOOK 7100,
PAGE 795, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND;
52'44'21" WEST A DISTANCE OF 62.02 FEET TO A POINT ON THE NORTHERLY
STATE ROAD 74) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 186, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE ALONG
NORTH 80' 43' 16' WEST A DISTANCE OF 37.18 FEET; THENCE NORTH 71'57'42"
WEST A DISTANCE OF 196.00 FEET, THENCE NORTH 80'50'38" WEST A
OF THE INTRACOASTAL WATERWAY AS RECORDED IN PLAT BOOK 17, PAGE
29, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
197.81 FEET TO A POINT ON THE SOUTH LINE OF THE PLAT OF WATERWAY
VISTA, AS RECORDED IN PLAT BOOK 25, PAGE 158, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 88'26'19'' EAST ALONG SAID SOUTH
LINE A DISTANCE OF 489.88 FEET TO THE SOUTHEAST CORNER OF SAID PLAT
OF WATERWAY VISTA BEING 40.00 FEET WEST OF THE SAID CENTERLINE OF
ELLISON-WILSON ROAD; THENCE SOUTH 02"02'06" WEST A DISTANCE OF
245.98 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH
RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD (A.K.A. STATE ROAD 786 AND
SAID NORTHERLY RIGHT-OF-WAY LINE THROUGH THE FOLLOWING COURSES,
DISTANCE OF 203.48 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
02'13'07" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF
TOGETHER WITH:
LOT 11, LESS THE WEST 7.00 FEET THEREOF, ARTHUR M. AND EMMA D. SMITH
SUBDIVISION ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 22, PAGE 57.
CONTAINING 127,492.34 SQUARE FEET OR 2.93 ACRES, MORE OR LESS,
SECTION 3. Sections 2 through 7, inclusive, of Ordinance 21, 2000; Sections 2
through 6, inclusive, of Ordinance 19, 1998; Sections 2 through 4, inclusive, of
Ordinance 37, 1997; and Sections 2 through 5, inclusive, of Ordinance 11, 1995 are
hereby transferred to Resolution 88, 2005. The remaining sections of Ordinance 21,
2000, Ordinance 19, 1998, Ordinance 37, 1997, and Ordinance 11, 1995 shall be
renumbered accordingly. Any future amendments to the development plans and/or
conditions of approval shall be accomplished by Resolution of the City Council.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
3
Dale Prepared: May 26, 2005
Ordinance 20, 2005
As Amended after First Reading: July 7,2005
PASSED this 7 E day of 10~7 , 2005, upon first reading.
a:
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6 and final reading.
7
PASSED AND ADOPTED this&i’r day of Toq ,2005, upon second
9 CITYOFPAL
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21 HhI R. VaJeche, Councilmember
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27 ATTEST:
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35 LEGAL SUFFICIENCY
Patricia Snider, CMC, city Clerk
APPROVED AS TO FORM AND
FOR
/
38 BY: ( OJ ./I- /&
39 CFistine P. Tatum, City Attorney
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AGAINST ABSENT
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46 \\Pbgshle\AHomeybttorney-share\ORDINANCES~easons 52 restaurant-ord 20 2005-as amended after tsl rdng 7-7-05-final.doc
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24.2007
SubjecVAgenda Item:
LDRA-07-05-000015: Code Amendment to Section 78-159, Table 21, Amending Chart of
Permitted Uses.
Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Cotleur and
Hearing, Inc. on behalf of Oppidan, Inc. / KTJ Limited Partnership 167 for approval of a text
amendment to Section 78-159, Code of Ordinances, Table 21, entitled “Permitted, Conditional and
Prohibited Use Chart.” The applicant requests to include ancillary, boat, watercraft and all-terrain
vehicle (ATV) sales as a major conditional use within the General Commercial (CG-1) zoning
district and to include special provisions for such a use.
[ X ] Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum, Esq.
Development Compliance
Bahareh Wolfs, AICP
NA --
Administrator
Kara Irwin, AICP
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Management:
Manager
Stephen Mayer
Sr. Planner
[ ] Quasi-Judicial
[ X 3 Legislative
[ X 3 Public Hearing
Advertised:
Date: 8/3 1/07
Paper: PB Post
[ X ] Required
Affected parties:
[ X ] N/A
FINANCE:
Fees Paid [ Yes ]
per memo 8/17/07
Costs: $-NIA
Total
N/A-
Current FY
F 11 n d i n g S oii rce:
[ ] Operating
[XI Other-m
B ii d g e t Acc t .# :
NA
PZAB Action:
[N/A] Approved
[N/A] App. w/ conditions
lN/A] Denied
[ ] Rec. approval
[ 3 Rec. app. w/ conds.
[ ] Rec. Denial
[N/A] Continued
to:
Attachments:
Applicant’s narrative
Ordinance 24,2007
Date prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
BACKGROUND
The applicant is requesting an amendment to the Land Development Regulations (LDRs),
specifically to the chart of permitted uses in Section 78-1 59, to allow for the sale of boats, watercraft
and ATV’s as an ancillary component of a principal use permitted in the CG-1 zoning district,
subject to a Major Conditional Use criteria and provisions which require all sales, storage and
display to be completely enclosed and not clearly visible from the exterior. Staff also notes that the
provisions will cap the maximum floor area at 25% of the principal tenant space and no repair or
maintenance is permitted.
Currently, boats, watercraft and ATV sales would be defined as two separate uses in the chart of
permitted uses: Boat and Marine Sales and Motorcycle Sales and Services. Boat and Marine Sales
is defined in the City Code as “an establishment engaged in the sales, rental, repair, maintenance, and
service of watercraft, including power boats, sail boats, and personal watercraft, and the retail sale of
items associated with boating and marine activities”, and is only permitted in the Intensive
Commercial (CG-2) zoning district. Motorcycle Sales and Service is defined as “an establishment
engaged in the sale, rental, maintenance, service, and repair of new or used motorcycles”, and is only
permitted in the CG-2 and Light Industrial (MlA) zoning districts. Staff considers ATV’s more
similar to motorcycles in size and functionality than automobile or motor vehicles and for the
purpose of the analysis contained in the staff report, classified ATV’s as a type of motorcycle.
Staff notes that the amendment to the City Code is concurrent to a Planned Unit Development
(PUD)/ Site Plan application to allow a 120,000 square-foot retail facility, which will be occupied by
a outdoor goods retailer, known as Gander Mountain. In addition to hunting, fishing, camping and
outdoor recreation clothing, accessories and supplies, the retailer offers the sales ofboats, watercraft
and ATV’s.
CITY CODE AMENDMENT
Staff recommends approval of a text amendment in which Section 78-1 59 is amended to state the
following: (Deletions are &=wk, new language is underlined):
Date prepared: August 16,2007
Meeting Date: September 11, 2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
CA TEGOR Y
/USE
RETAIL & C
Boat,
Watercraft
and ATV Sales.
Ancillary
*******
Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(j) Additional standards. The following standards apply to specific uses as indicated in the “Note”
column of Table 2 1. *******
(13) Boat, Watercraft, and All Terrain Vehicle Sales, Ancillary. The sale of boats, watercraft, and
all-terrain vehicles as an ancillary component of a principal use permitted in the General Commercial
(CG-1) zoning district shall be allowed as a major conditional use. Such ancillary sale of boats,
watercraft and all-terrain vehicles shall comply with the criteria listed below:
a. Sales, displays and storage shall be contained completely within the enclosed, under-air
portion of the building.
b. There shall be no display areas for boats, watercraft and/or all terrain vehicles that are
intended for view and/or clearly visible from the exterior of the building.
c. The maximum floor area that is to be utilized for the sale, storage or display of boats,
watercraft and/or all-terrain vehicles, collectively, shall not exceed twenty-five percent (25%)
of the moss floor area of the tenant space.
For calculation purposes:
1. The area to be counted towards said maximum area shall include the area
immediately surrounding the boats, watercraft and/or all-terrain vehicles;
2. Such areas shall be divided into a maximum of two (2) separate areas within the
tenant space; and
3. Areas designated for the sale of accessories related to boats, watercraft and/or
all-terrain vehicles shall not be counted towards said maximum. Areas designated for
the sale of such accessories within a use classified as Boat, Watercraft, and All-Terrain
Vehicle Sales, Ancillary. is limited to an ancillary portion of the overall tenant space.
d. No repair or warranty service shall occur on site.
e. The use is prohibited on all properties within 100 feet of PGA Boulevard.
STAFF ANALYSIS
Justification for the Text Amendment
The City’s Land Development Regulations define the composition and intent of the General
Commercial (CG- 1 ) and Intensive Commercial (CG-2) zoning districts below:
Sec. 78-147. CG1- General Commercial district.
Composition and intent. The CG- 1 general commercial district provides both the
retail goods and services supplied by the neighborhood business districts and the
wider range of retail goods and services required by residents or a group of
neighborhoods. This district is not intended to be suited for outdoor sales activities.
The district shall be primarily oriented to intersections of major thoroughfares within
the City. To protect the abutting and surrounding residential areas, only certain uses
shall be permitted as provided in this article.
Sec. 78-148. CG2 - Intensive Commercial district.
(a) Composition and intent. The CG-2 intensive commercial district is composed of land
and structures occupied by or suitable for intensive commercial uses primarily
oriented to major arterial roadways. These districts permit uses more intensive than
those permitted in neighborhood and general commercial districts and are intended to
serve a larger area. To protect the abutting and surrounding lower density uses,
certain restrictions are placed on uses.
Staff also notes under Section 78-147, the general requirements for enclosed activities of retail sales
within the CG-I zoning district:
(d) General Requirements
(I) Enclosed activities. Sales, display, retail and business activities, and storage
shall be conducted within a completely-enclosed building. Not more than
30% of gross floor shall be utilized for storage of goods and merchandise.
The proposed text amendment is consistent with the intent of the CG-1 zoning district, as the
proposed sale of boats, watercraft, and ATVs as an ancillary component of a primary use will
provide for a wide range of retail goods and services required by residents and/or group of
neighborhoods. The applicant is proposing safeguards that will protect the activity of the ancillary
Date prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
use from the abutting and surrounding uses. 0
Date prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
The new proposed use category is more compatible with the intent of the CG- 1 zoning district than 0
that of the Intensive Commercial (CG-2) zoning district. Due to the intended use of the CG-1 district
for general retail trade and services, the district is suited for boat sales as an enclosed ancillary use;
however, staff strongly encourages the recommended provisions that will safeguard the
neighborhood retail environment, the PGA Boulevard Corridor, as well as adjacent residential
zoning district. Unlike the more intensive boat and marine sales, which allow outdoor sales and the
repair and maintenance ofboats, the proposed text amendment will permit boat, watercraft and ATV
sales as an ancillary use (enclosed in and attached to a principal retail building in the CG-1 zoning
district) and does not permit repair and maintenance. Staff recommends the maximum floor area for
the sale, storage or display of boats, watercraft and/or ATV’s shall not exceed twenty-five percent
(25%), as it is less than the general requirements for the storage of goods and merchandize in CG-1,
which allows not more than thirty percent (30%) of the gross floor area.
Comparative Analysis
Staff has analyzed several local municipal City Codes in an effort to determine if it is typical to
permit boat sales facilities in general commercial districts. Staff notes in Table 1 (please see below
and on thefollowingpage) that three municipalities in the area (City of Boca Raton, City of West
Palm Beach, and the Town of Jupiter) and the Palm Beach County Unified Land Development Code
permit boat sales facilities in the corresponding commercial general district. However, the Town of
Jupiter does not permit the use within the Indiantown Road Overlay Zoning District, which functions
similar to our PGA Boulevard Corridor Overlay. Staff notes that the Village of North Palm Beach
and the City of Lake Worth do not permit boat sales in their comparable commercial general
districts. Also, the City of Riviera Beach has created a specific Marine Commercial (CM) zoning
district for boating activities and services.
0
Table 1: Municipality Comparison
Jurisdiction Use Applicable Zoning District Considerations
Bb les and General Business (B- Permitted Use a
a fully Commercial General (C-1) fully enclosed building
Lake Worth New Boat Sales High Intensity Commercial HIC-1 and HIC-2 is
(HIC-1 and HIC-2) comparable to the
City’s CG-2
Town of Jupiter New and Used General Commercial (C-2) C-2 is comparable to
Motor Vehicle, outside of the Indiantown the City’s CG-1
Marine, Mobile Overlay Zoning District 0 Home, Recreational (IOZ) Permitted as a special
Date prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
Palm Beach County Vehicle Sales & Community Commercial Permitted as a
Rental (CC), General Commercial conditional use in all
Light (CG), and Light districts
Industrial (IL)
North ‘Palm Limited ercial
West Palm Beach Marine Retail Sales Neighborhood Commercial
& Services (NC), General Commercial
(CG) and Marine (CM),
Industrial (IND), and
Northwood Road Overlay
District (NROD)
West Palm Beach
permits boat sales &
service by-right in all
listed districts with no
provisions
This research indicates that there are various methods in addressing whether boat and marine sales
are permitted in the commercial general zoning district. Staff recommends adopting restrictive
provisions to reduce the visual impacts of the use and in a similar fashion to the Town of Jupiter,
prohibit the use along PGA Boulevard. Staff notes that the proposed provision to allow boat,
watercraft and ATV sales in enclosed buildings is most similar to Boca Raton’s LDRs, which
permits boat sales and repair in their commercial general district as long as the use is within enclosed
buildings. Unlike Boca Raton, staff assures that this LDR amendment will not permit boat repair
and maintenance in the CG-1 zoning district
Consistency with Comprehensive Plan
Future Land Use Element:
Policy 1 .I .1.6.: The City shall maintain development regulations which address the location and extent
of non-residential land uses in accordance with the Future Land Use Map and the policies and
descriptions of types, sizes, densities, and intensities of land uses contained in this element.
As noted in the justiJication for the text amendment, the applicant is proposing a new non-residential
use category that the current Land Development Regulations do not specifically address in accordance
with a Commercial Land Use designation on the Future Land Use Map.
Date prepared: August 16,2007
Meeting Date: September 11,2007
Petition: LDRA-07-05-000015
Ordinance 24,2007
Objective 1.1.5.: Future Growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural
limitations; the goals, objectives and policies contained within this Comprehensive Plan; and the
desired community character.
Staffhas utilized soundplanningprinciples to achieve the desired community character and follow the
goals, objectives andpolicies contained in the Comprehensive Plan in the analysis of the proposed text
amendment. Stafjnds that the proposed new use category of boat and ATV sales is appropriately
directed to areas designated as Commercial on the Future Land Use Map, developed with the
recommended provisions of the proposed text amendment.
Economic Development Element
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and services by continuing
to support existing regional retail services while implementing planned growth patterns to foster
neighborhood-based services to serve local needs.
As noted in the staffanalysis, the code amendment creates opportunities to support existing andfiture
regional retail services that may in turn foster new markets for neighborhood-based service. The text
amendment is specifically addressing the opportunity to serve a local need for water related and other
recreational activities. Because the proposed text permits boat and A TV sales as an ancillary use to a
permittedprincipal use in the CG-1 zoning district, the intent of the zoning district to serve the need of
the community is not altered.
STAFF RECOMMENDATION
Staff recommends approval of petition LDRA-07-05-000015.
Date Prepared: August 16, 2007
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ORDINANCE 24,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATED TO PERMITTED USES IN
THE GENERAL COMMERCIAL (CGI) ZONING DISTRICT;
“PERMITTED USES, MINOR, AND MAJOR CONDITIONAL USES,
AND PROHIBITED USES”; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
AMENDING SECTION 78-1 59, CODE OF ORDINANCES, ENTITLED
WHEREAS, Section 78-159 provides a chart of permitted uses, minor and major
conditional uses, and prohibited uses; and
WHEREAS, Section 78-1 59 currently prohibits boat and marine sales and
motorcycle sales and repair in the General Commercial (CGI) zoning district; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the City has received a request (LDRA-07-05-000015) from Brian
Cheguis of Cotluer & Hearing, Inc., on behalf of Oppidan, Inc. / KTJ Limited Partnership
167, for approval of a land development regulations amendment to create a new use
category allowing boat, watercraft and All-terrain Vehicle sales as an accessory in the
General Commercial (CGI ) zoning district; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-07-
05-000015) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on January
9, 2007, which recommended its approval by a vote of ---; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-1 59, Code of Ordinances entitled “Permitted uses,
minor and major conditional uses, and prohibited uses” is hereby amended to read as
follows (deleted language is sk&m%m@ ; new language is underlined):
Date Prepared: August 16, 2007
Ordinance 24, 2007
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Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
CA TEGOR
Y/USE
RETAIL & COMMERCIAL Boat.
and ATU
Watercraft I I I I Sales,
Ancillary
w 2 -4 2 cc, 2
CA TEGOR
Y/USE
RETAIL & COMMERCIAL Boat.
Watercraft
and ATU
Sales,
Ancillary
C* NIA --
-
- NIA
p: 0 s
I
* * * * * * *
Section 78-1 59. Permitted uses, minor and major conditional uses, and prohibited
uses.
(j) Additional standards. The following standards apply to specific uses as indicated in
the “Note” column of Table 21. *******
(13) Boat, Watercraft, and All Terrain Vehicle Sales, Ancillary. The sale of boats,
watercraft, and all-terrain vehicles as an ancillary component of a principal use
permitted in
the General Commercial (CGI) zoning district shall be allowed as a major conditional use.
Such ancillary sale of boats, watercraft and all-terrain vehicles shall comply with the
criteria
listed below:
a. Sales, displays and storase shall be contained completely within the enclosed,
under-air portion of the building.
b. There shall be no display areas for boats, watercraft and/or all terrain vehicles
that are intended for view and/or clearly visible from the exterior of the building.
c. The maximum floor area that is to be utilized for the sale, storage or display of
boats, watercraft and/or all-terrain vehicles, collectively, shall not exceed
twenty-five percent (25%) of the aross floor area of the tenant space.
For calculation purposes:
1. The area to be counted towards said maximum area shall include the
area immediately surrounding the boats, watercraft and/or all-terrain
vehicles;
2. Such areas shall be divided into a maximum of two (2) separate areas
within the tenant space; and
3. Areas designated for the sale of accessories related to boats, watercraft
and/or all-terrain vehicles shall not be counted towards said maximum.
Areas designated for the sale of such accessories within a use classified
as Boat, Watercraft, and All-Terrain Vehicle Sales, Ancillary, is limited to
an ancillary portion of the overall tenant space.
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Date Prepared: August 16, 2007
Ordinance 24, 2007
d. No repair or warranty service shall occur on site.
e. The use is prohibited on all properties within 100 feet of PGA Boulevard.
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SECTION 4. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: August 16, 2007
Ordinance 24, 2007
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PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
Hal R. Valeche, Councilmember
FOR AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\smayer\Current Planning Projects\LDRA 07-05-015- Chart of Uses - Boat Sales in CGl\perrnitted uses - ord 24 2007.doc
4
JUSTIFICATION FOR LDR TEXT AMENDMENT
Boat, Watercraft and All-Terrain Vehicle Sales, Ancillary
August 9,2007
Request
Cotleur & Hearing, Inc., on behalf of Oppidan, Inc. / KTJ Limited Partnership 167,
(”Applicant”), applicant for Petition PPUD-07-05-000014: Gander Mountain Retail, hereby
respectfully requests an amendment to the City of Palm Beach Gardens (”City”) Land
Development Regulations (“LDRs”) to create a new use category within the LDRs to allow
for the sale of boats, watercraft and all-terrain vehicles as a Major Conditional Use within
the General Commercial (CG1) zoning district only as an ancillary component of a principal
use permitted within the zoning district, subject to certain criteria.
Background
Section 78-159, Table 21 of the LDRs, entitled “Permitted, Conditional and Prohibited Use
Chart” contains use categories for Boat and Marine Sales, which is permitted only in the
Intensive Commercial District (CG2), and for Motorcycle Sales and Service, which is
permitted in CG2 and the Light Industrial District (MlA).
Boat and Marine Sales is defined in the LDRs as ”an establishment engaged in the sales,
rental, repair, maintenance, and service of watercraft, including power boats, sail boats, and
personal watercraft, and the retail sale of items associated with boating and marine 0 activities. ”
Motorcycle Sales and Service is defined as ”an establishment engaged in the sale, rental,
maintenance, service, and repair of new or used motorcycles.” It should be noted that
”motorcycles” is not defined in the LDRs.
Petition PPUD-07-05-000014: Gander Mountain Re tail
The Applicant has submitted a Planned Unit Development/Site Plan application to the City
to allow for the construction of a 120,000 square-foot retail facility (“Facility”) on a 13.18-
acre site located within a CGl zoning district. The building will be occupied by a major
outdoor goods retailer known as ”Gander Mountain.”
Gander Mountain is an outdoor goods retailer with numerous store locations throughout 22
states including Minnesota, North Dakota, Texas and more recently Florida. The store
provides a vast array of retail items for hunting, fishing, camping and outdoor recreation.
In addition to clothing and supplies, Gander Mountain offers the sale of boats, watercraft,
and all-terrain vehicles.
LDR Amendment Justification
August 9,2007
Page 2 of 5
Permitted Use Issues 0
As part of the development review process for the Facility, it was made known by the
Applicant that it intended to offer the sale of boats, watercraft and all-terrain vehicles as an
ancillary component of the Facility’s primary use (the retail sale of items for hunting,
fishing, camping and outdoor recreation). (It is important to note that City staff has indicated
that the proposed sale of boats and watercraft is classified under the ”Boat and Marine Sales” use
category, and the proposed sale of all-terrain vehicles is classified under the “Motorcycle Sales and
Service” use category.) In response, City staff made a determination that the sale of boats,
watercraft and all-terrain vehicles is not permitted within the CG1 zoning district, based on
the fact that Boat and Marine Sales and Motorcycle Sales and Service are not permitted within
said district.
LDR Text Amendment
It is the Applicant’s position that such proposed sale of boats, watercraft and all-terrain
vehicles as an ancillary component of a primary large-scale retail use, does not meet the
definition of Boat and Marine Sales and Motorcycle Sales and Service as defined in the LDRs.
Further, the applicant believes that such use is consistent with the intent and the general
requirements of the CG1 zoning district, as identified in Section 78-147 of the LDRs, entitled
”CGI - General Commercial District” (please see ”Justification” section of this document).
Accordingly, the Applicant is hereby proposing a text amendment to the City’s LDRs to
allow for the sale of boats, watercraft and all-terrain vehicles as an ancillarv component of a
principal use permitted within the CG1 zoning district, subject to certain criteria, including
a Major Conditional Use approval by the City Council. (It should be noted that said criteria
includes a requirement that all sales, storage and display take place completely within the enclosed,
under-air portion of the building). The Applicant beIieves that the criteria being proposed will
provide the City with the needed safeguards to ensure that the proposed use maintains
consistency with the intent of the CG1 zoning district.
Prouosed LDR Text Amendment Language
The Applicant is proposing that the following amendment to the text of the City’s LDRs
(language to be added is underlined; language to be deleted is ; language
in red are notes only, not to be included in the LDRs):
(The remainder of this page was intentionally left blank.)
LDR Amendment Justification
August 9,2007
Page 3 of 5 0
Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
Boat.
Sales.
Anrilla L
****
I
***
Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(j) Additional standards. The following standards apply to specific uses as indicated
in the "Note" column of Table 21. *******
(13) Boat, Watercraft, and All Terrain Vehicle Sales, Ancillarv. The sale of boats,
watercraft, and all-terrain vehicles as an ancillarv component of a principal use uermitted in
the General Commercial (CGI) zoning district shall be allowed as a miior conditional use.
Such ancillarv sale of boats, watercraft and all-terrain vehicles shall comulv with the criteria
listed below:
- a. Sales, displavs and storage shall be contained completely within the
enclosed, under-air portion of the building.
- b. There shall be no disulav areas for boats, watercraft and/or all terrain
vehicles that are intended for view and/or clearlv visible from the exterior of
the building.
- c. The maximum floor area that is to be utilized for the sale, storage or
displav of boats, watercraft and/or all-terrain vehicles, collectivelv, shall not
exceed twentv-five percent (25%) of the gross floor area of the tenant space.
For calculation uurposes:
- 1. The area to be counted towards said maximum area shall include the
area immediatelv surrounding the boats, watercraft and/or all-terrain
vehicles;
- 2. Such areas shall be divided into a maximum of two (2) separate areas
within the tenant space; and
- 3. Areas designated for the sale of accessories related to boats, watercraft
and/or all-terrain vehicles shall not be counted towards said
maximum. (It is important to note that the scope and intensity of any
areas designated for the sale of such accessories within a use classified
0
as Boat, Watercraft, and All Terrain Vehicle Sales, Ancillary, is limited to
an ancillary portion of the overall tenant space by definition of said
use.
- d. No repair or warranty service shall occur on site.
Justification
As previously stated, the Applicant believes that the proposed use, Boat, Watercraft, and AI1
Terrain Vehicle Sales, Ancillary, is consistent with the intent and the general requirements of
the CGl zoning district, and not that of the Intensive Commercial (CG2) zoning district.
Section 78-147 of the LDRs entitled “CG-1--General Commercial District” reads as follows:
”(a) Composition and intent. The CG-1 general commercial district provides both the retail
goods and services supplied by the neighborhood business districts and the wider range
of retail goods and services required by residents or a group of neighborhoods. This
district is not intended to be suited for outdoor sales activities. The district shall be
primarily oriented to intersections of major thoroughfares within the city. To protect the
abutting and surrounding residential areas, only certain uses shall be permitted as
provided in this article.”
(d) General requirements.
(1) Enclosed activities. Sales, display, retail and business activities, and storage
shall be conducted within a completely-enclosed building. Not more than 30
percent of gross floor shall be utilized for storage of goods and merchandise.
(2) Secondhand merchandise. Sale, display, or storage of secondhand
merchandise is not permitted, except as incidental to the sale of new merchandise.
(3) Retail sales. Establishments allowed as permitted or conditional uses shall sell
products only at retail.”
Applicant Comment: The proposed sale of boats, watercraft, and all-terrain vehicles as an
ancillary component of a primary use will provide for a wide range of retail goods and
services required by residents and/or a group of neighborhoods; no outdoor sales activities
are permitted; safeguards are being included in the proposed text to protect the abutting
and surrounding residential areas; all ancillary sales, storage and display of boats,
watercraft and all-terrain vehicles are required to be contained within a completely-
enclosed building; no secondhand merchandise will be permitted; and all products will be
sold only at retail.
LDR Amendment Justification
August 9,2007
Page 5 of 5
Section 78-148(a) of the LDRs entitled "CG-2--Intensive Commercial District" reads as 0
follows:
"(a) Composition and intent. The CG-2 intensive commercial district is composed of land
and structures occupied by or suitable for intensive commercial uses primarily oriented
to major arterial roadways. These districts permit uses more intensive than those
permitted in neighborhood and general commercial districts and are intended to serve a
larger area.. .."
Applicant Comment: Applicant believes that the sale of boats, vehicles and watercraft as an
ancillary component (maximum 25% of gross floor area) of a primary use permitted in the
zoning district, subject the proposed criteria referenced herein including the limitation to
indoor sales only, does not in any way cause the permitted primary use to be considered a
CG-2 use. Thus, the proposed ancillary use is consistent with the CG1 zoning district.
Closing
The Applicant has identified a use that is not specifically addressed in the LDRs. As
justified herein, the text being proposed to be included in the LDRs will clarify the
allowance of the sale of boats, watercraft, and all-terrain vehicles as an ancillary component
of a permitted, primary use within the CG1 zoning district and will provide the City the
safeguards it needs to ensure the compatibility of such use with other CG1 uses. The
proposed amendment is well supported and will be a benefit to the City and its residents.
0
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
SubjectlAgenda Item:
Petition PPUD-07-05-000014: Gander Mountain Retail
Public Hearing and Recommendation to City Council: A request by Mr. Donaldson
Hearing, of Cotleur & Hearing, on behalf of KTJ Limited Partnership 167, for approval of the
Gander Mountain Retail Planned Unit Development (PUD) to allow for the construction of a
120,000 square-foot retail building on a 13.1 8-acre site. The proposed Gander Mountain
PUD is located on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center and immediately north of the Sandtree Residential
levelopment and Sandtree Office Development.
(1 Recommendation to APPROVE with 3 waivers
Reviewed by: Originating Dept.:
City Attorney
Christine P. Tatum
Development
Compliance
Bahareh Keshavarz-
Wolfs, AlCP
Growth Manag
Kara L. Irwin, AlCP
Administrator s
Approved By:
Ronald M. Ferris
City Manager
Growth
Management:
Project
Manager
Stephen Mayer
Senior Planner
[XI Quasi -Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
[XI Required
[ ] Not Required
Date: 08/31/07
Paper: Palm Beach
Post
Affected parties:
[XI Notified
[ ] Not Required
Finance:
Administrator:
Allan Owens
countant:
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
PZAB Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
QContinued to: -
Attachments:
Applicant Narrative
@ Reduced Plans
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
BACKGROUND
The vacant subject property is a vacant parcel located on the west side of Sandtree Drive,
immediately south of the Northlake Commons/Home Depot shopping center and
immediately north of the Sandtree Residential Development and Sandtree Office
Development.
LAND USE & ZONING
The Property has a Commercial (C) Future Land-Use Map designation and a General
Commercial (GCI) zoning designation. The applicant is requesting a Planned Unit
Development (PUD) Overlay zoning designation with an underlying zoning of General
Commercial (GCI), consistent with the future land use of Commercial (C).
CONCURRENCY
The subject property has received traffic concurrency approval from the Palm Beach County
Traffic Division and the City’s Traffic Consultants, McMahon Associates, Inc., for 120,000
square-feet of retail space. The build-out date is December 31 , 2009.
PROJECT DETAILS
The subject petition is a request to develop a 120,000 square-foot retail store (“Project”) on
a 13.18-acre site located on the west side of Sandtree Drive, immediately south of the
Northlake CommonslHome Depot shopping center and immediately north of the Sandtree
Residential Development and Sandtree Office Development. The building will be occupied
by a major outdoor goods retailer known as Gander Mountain, with all-terrain vehicle and
sport and leisure watercraft sales as an ancillary use. Staff notes that approval of the
concurrent zoning text amendment is necessary to allow the ancillary uses.
Proposed Use
Gander Mountain is an outdoor goods retailer that has numerous store locations throughout
22 states including Minnesota, North Dakota, Texas and more recently Florida. The store
provides a vast array of retail items for hunting, fishing, camping and outdoor recreation. In
addition to clothing and supplies, Gander Mountain sells all-terrain vehicles and sport and
leisure watercraft. Gander Mountain is an established and well-recognized vendor in this
growing market.
Conditional Use Analysis
It is staffs professional opinion that all the criteria in the conditional use analysis have been
adequately justified (please see attached conditional use analysis). The applicant has
demonstrated adequate mitigation of the potential adverse impacts of the ancillary
watercraft, boat and all-terrain vehicle sales in the proposed site plan, landscape plan and
architecture. The applicant has incorporated the proposed provisions of the concurrent
LDRs into the architecture and site design, by fully enclosing the ancillary uses within a
building with seamless architecture. By placing the location of the ancillary uses on the west
2
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
side of the Gander Mountain building: the applicant has followed the direction of staff and
the Planning, Zoning and Appeals Board to locate the ancillary uses as far from the
residential property as feasible. The applicant is also proposing to screen Gander Mountain
from residential property with an eight-foot high decorative wall with mature, native plantings
adequately screening both sides of the wall.
Site Layout
According to the applicant, the irregular shape of the Property played a significant role in the
design of the site layout. The building has been placed towards the south (wider) portion of
the property and the required parking accommodated to the north. The main entry of the
building is located on the north elevation of the building facing the parking area.
Loadinq Area
Due to potential conflicts with vehicles utilizing the access road leading to the Sandtree
Office development to the south (please see “Access to Sandtree Office” portion of this
report) and the close proximity of the residential units to the rear (south) of the building, the
loading area was not encouraged to be placed at the rear of the building. The depressed
loading dock area was instead located on the east side of the building and will be screened
from view by landscaping and a wall on the east side of the loading zoning. It will be
separated from the adjacent residential development by the wall and landscaping
immediately adjacent to the loading area, the access drive, a lake, an eight (8) foot-tall
screening wall and the required landscape buffer. In order to provide further separation
between the loading activities and the adjacent residential uses, the applicant has designed
the loading area such that the loading activities outside of the cargo transport vehicles will
fully enclosed by the building. Staff notes that the applicant is proposing a secondary
loading area for quick pick/up and delivery outside of the depressed loading dock area. This
secondary loading area is a curb cut along the Sandtree Office Development access drive
and in staffs opinion reduces the potential landscaping, negatively impacting the aesthetics
of the access drive. Staff also notes that due to the potential for vehicular conflict from
delivery trucks and vans entering and exiting the secondary loading zone at a point where
there is a long curve in the access, the loading zone negatively impacts the circulation and
safety of the access drive. Staff recommends eliminating the secondary loading zone
(please see conditions of approval).
Site Access
The site is accessed from a +/- 500 foot long entry drive that ties into Sandtree Drive.
There will be a new southbound right-turn lane into the Project along Sandtree Drive. The
proposed site access is constrained by property boundary lines and a wet retention basin
on the Northlake Commons Shopping Center property. Therefore, the applicant is unable to
align the access with the existing intersection of Constellation Boulevard and Sandtree
Drive. Staff notes that the new entry is neither aligned, nor is more than 150 feet away from
existing intersections, and therefore requires a waiver request. Staff is recommending
conditions of approval to mitigate turning conflicts. (please see conditions of approval and
waiver requests)
3
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Landscaping
All property boundaries have been provided with sufficiently planted buffers and screen
walls (when adjacent to residential uses) to mitigate for any potential visual and sound
impacts to the adjacent properties. A two (2) to three (3) foot high berm has been specified
along 1-95 for the purpose of screening the parking area at the front of the center.
Landscape diamonds are being provided adjacent to all interior parking spaces to provide
shade and to break up the parking field. A native landscape theme is being proposed to
complement the outdoor recreational use. The center’s frontage will be planted with larger
material to complement the massing of the front faqade. Along the property line shared with
the Sandtree Residential Development, the applicant is proposing an eight-foot high
decorative wall with mature, native landscaping on both sides. The applicant is proposed to
maintain a five-foot setback from the southern property line along the length of the entrance
drive, and a 15-foot setback along the remaining length of the shared property line. In
providing 39,788 landscape points, the applicant is above the required 19,794 landscape
points, by a total of 19,994 additional points. However, by analyzing the digital area
calculations, staff has discovered that the applicant has inaccurately reflected the amount of
open space by 7,901 square feet and has provided 10,783 square feet more sod that what
was reflected on the Site Plan Area Calculations. Using the new calculations, the applicant
is 9,350 square feet over the maximum sod area of 49,485 square feet. Staff has added
conditions of approval to remedy the deficient, for example, the removal of sod within all
landscape islands along all of the edges of the parking lot and replacing the secondary
loading zone area outside of the vehicular site line with additional landscaping (please see
conditions of approval).
Encroach men ts
Staff notes that the property is encumbered by three fences that are encroaching over the
property line from the Sandtree Residential Development. There are also several instances
of Bellsouth and Adelphia cable utility encroachment as far as 15 feet unto the Gander
Mountain property. Staff strongly recommends that the applicant remove all encroachments
onto the property prior to construction, as these encroachments are illegal structures that
were built off-property and do not meet setback requirements. Furthermore, the proposed
eight-foot wall is in close proximity to the fence encroachments, and on occasion the utility
lines are on the Gander Mountain side of the proposed eight-foot wall.
Lake Maintenance Easement (LME)
As shown on the proposed landscape plan, the applicant is requesting a 20-foot wide LME
around the lake. A LME has requirements that would normally require prohibiting the
installation of permanent improvements; however, due to several mitigating circumstances,
the applicant is proposing additional plantings (street trees and relocated native trees) along
the east, south and west areas of the LME. Staff notes on the west side of the lake the
applicant is proposing landscaping along the driveway adjacent to the retaining wall, which
will enhance the aesthetics of the driveway. The applicant is also proposing landscaping
within portions of the east and south portions of the LME for aesthetic purposes and those
trees will not affect access from the right-of-way. The configuration of the plantings will
provide for necessary access for maintenance of the lake and to all sides of the lake bank.
4
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
A minimum 12-foot-wide accessible tract shall be left along the east and south LME area for
maintenance access purposes. The area along the retaining wall along the west side of the
lake is fully accessible from the adjacent roadway due to the proposed planting
configuration. The proposed plantings lining the roadway is shown to be Live Oaks,
however, staff is recommending a condition of approval to replace the Live Oaks with
Foxtail Palms, because there is not enough space between the lake retaining wall and the
driveway for the Live Oaks to grow safely.
Pedestrian Connecfivif y
The pedestrian network consists of a five (5) foot wide sidewalk that commences at
Sandtree Drive and terminates at the main entrance to the retail center. A paver drive aisle
located along the front of the center will provide for traffic calming for patrons and
employees moving between the parking lot and the center.
Parking
The center requires 480 parking spaces, all of which have been provided away from the
adjacent residential properties. The site meets all Americans with Disabilities Act
requirements for access to the adjacent off-site sidewalk system and throughout the site
from the physically challenged parking spaces to the public entrances into the center.
Parking spaces are provided at the 9.5 foot-wide by 18.5 foot long standard size with 25
The applicant has engaged a local architect to assist with creating an enhanced building
appearance that incorporates Gander Mountain’s signature rustic appearance and
nationally recognized signage with significant horizontal and vertical movement with the
materials and elements along those facades visible from 1-95 and from the north. The use
of varying colors and textured materials further enhances this use and provides significant
visual interest for motorists passing along 1-95 as well as for patrons of the center. Vertical
elements have been added to further add visual interest to the building faCade on all sides.
Access to Sandfree Office PUD
A portion of the project’s south property line abuts the Sandtree Office PUD (Sandtree
Office). Vehicular access to Sandtree Office is by way of Sandtree Drive through the
Sandtree Residential Development. During the original approval of Sandtree Office, the
City included a condition of approval in the project’s development order (Ordinance 19,
1984) that required the developer, its successors or assigns, to find an alternative means of
vehicular access to either Northlake Boulevard andlor Sandtree Drive over and through the
“contiguous lands,” whereupon the present entrance from Sandtree Drive shall be closed,
and additional landscaping be provided at said designated area (see attached Ordinance
19, 1984). It is believed that this condition was placed by the City at the request of the
residents of the Sandtree Residential Development in order to eliminate pass-through traffic
within their residential neighborhood at such time when the subject property was developed.
(It is important to note that said condition is not binding on the owner of the subject
5
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
During discussions with the property owner of Sandtree Office and the residents of the
Sandtree Residential Development, it became evident that the provision of a new vehicular
access to Sandtree Office through the Property would offer a tremendous benefit to both the
residents of the residential development (eliminating traffic for Sandtree Office through the
neighborhood) and the owners of Sandtree Office (satisfying a previously imposed condition
of approval of the project’s development order). In an effort to maintain a positive
relationship will all concerned parties, the Applicant has provided a tree-lined driveway from
Sandtree Drive through the subject property to Sandtree Office. This driveway will
eventually become the primary access to Sandtree Office, and the existing access at the
end of Sandtree Drive will be closed. The logistics and timing of such closure is currently
being negotiated with all affected parties. In addition, directional signage has also been
provided for the benefit of the public accessing the Sandtree Office.
Sandtree Residential Development Homeowner Concerns
As mentioned above, the applicant has worked extensively with the adjacent residential
property owners in an effort to address any concerns they have relative to the project. The
following list outlines those issues raised by residents, according to the applicant, and how
the applicant has responded:
*:* Common nuisances from a large retail use (Le. sights, sounds, etc.).
Applicant Response: An eight (8) foot-tall buffer wall and a substantially landscaped
buffer will be installed between the Property and the residential properties to the
south prior to the installation of any underground infrastructure or vertical
construction. (please also see the “Loading” section of this report that discusses the
design and screening of the loading area).
*:* Existing traffic for Sandtree Office through the residential neighborhood.
Applicant Response: As described in the “Access to Sandtree Office PUD” section of
this report, a vehicular access drive will be provided for Sandtree Office in order to
alleviate traffic within the residential neighborhood.
*:* Rear yard encroachments: The survey for the subject property reflects that there are
certain residential properties within the Sandtree Residential Development whose
rear yards actually encroach into the Property.
Applicant Response: The Applicant has set the buffer wall back from the property
line that abuts the residential lots so as not to conflict with any residential yard
encroachments into the Property. Furthermore, the applicant has come to a verbal
agreement with representatives from the Sandtree Residential Development HOA
that the landscape area on the residential side of the buffer wall will be maintained
by the HOA (even though said portion of the buffer is located within the subject
property boundaries). This will allow those residents whose properties back up to
the Property to continue the quiet, peaceful enjoyment of their rear yards (including
6
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPU D-07-05-0000 1 4
the portion of the Property on the residential side of the wall) without intrusion from
the adjacent property owner.
Site Liqhtinq
The applicant has provided a photometric plan for the site which is currently under review
by staff. Staff has included conditions of approval to ensure that the photometric plan will
meet the City’s requirements prior to the City Council hearing. Staff also ensures that the
lighting will be metal halide in order to provide the necessary security measures, but will be
shielded to prevent glare on adjacent rights-of-way and residential property (please see
conditions of approval).
Drainage
The project is located in the C-17 drainage basin within the South Florida Water
Management District. There is an existing 1.09+/- acre lake located adjacent to the project
boundaries south of Home Depot that is currently a part of the surface water management
system for the existing adjacent shopping center development. This lake will be improved
with the addition of a fountain to provide additional aeration.
A network of drainage inlets and culverts utilizing minimal exfiltration will collect and direct
the storm runoff to the proposed on-site lake and dry detention area. The proposed lake will
be connected to the above-referenced existing lake south of Home Depot. Discharge from
the lake system will occur via the existing outfall control structure located on the Home
Depot property, ultimately discharging into the C-I 7 canal.
The Gander Mountain on-site drainage system will be designed to meet the requirements of
the South Florida Water Management District, Palm Beach County and the City of Palm
Beach Gardens regulations, and to provide a legal positive outfall meeting the adopted level
of service.
CPTED Compliance
Due to the size and nature of the Project, the City’s Police Department has been actively
involved in the review process of the Project. Numerous meetings have taken place
between the Applicant and the Police Department in an effort to establish a security plan
that would provide for the safest, most secure environment possible at the new facility.
In response to the concerns raised by the Police Department, the Applicant has provided a
detailed security plan and security measures for the new facility, including for security
during construction. The Police Department has indicated that they are satisfied with the
proposed security measures thus far, but will continue to work with the Applicant up to and
through the opening of the store.
Further, the Applicant will be required to comply with the Crime Prevention Through
Environmental Design (CPTED) principles recommended by the Police Department (Please
see conditions of approval).
7
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
LEEDS Certified Building
The U.S. Green Building Design Council describes LEED as:
“The Leadership in Energy and Environmental Design (LEED) Green Building Rating
System is the nationally accepted benchmark for the design, construction, and
operation of high performance green buildings. LEED gives building owners and
operators the tools they need to have an immediate and measurable impact on their
buildings’ performance. LEED promotes a whole-building approach to sustainability by
recognizing performance in five key areas of human and environmental health:
sustainable site development, water savings, energy efficiency, materials selection, and
indoor environmental quality. LEED provides a roadmap for measuring and
documenting success for every building type and phase of a building lifecycle.”
The development team for the Project is actively and diligently in pursing LEED Certification
for the proposed development.
Concurrent LDR Text Amendment
Concurrent with the request for approval of a Planned Unit Development and the associated
site plan approval, the Applicant is requesting an amendment to the City’s Land
Development Regulations to allow for limited indoor boat and marine sales to be permitted
in the CGI zoning district as an accessory to a permitted principal use and subject to other
criteria. Numerous surrounding jurisdictions and the County allow for boat sales in what
would be a similarkonsistent general commercial zoning district. Currently, outdoor boat
display and sales are only allowed in CG2 zoning district in the Gardens. Approval of this
request (with appropriate mitigation measures to ensure on- and off-site impacts are
sufficiently addressed) is appropriate for large format retail users that incorporate a variety
of sales at one location.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Property is classified as a Commercial; therefore, it is required to comply with the intent
of Commercial land use designation established in the Commercial land use designation of
the City Comprehensive Plan, which states, “The C designation is intended to
accommodate a wide range of retail and general commercial uses. It is a site-specific
designation that depicts commercial uses and proposes future commercial areas at primary
intersections. The specific regulations and uses associated with development within the
areas designated C will be determined during the zoning of the properties. Commercial land
use activities will be limited in intensity to a maximum lot coverage of 35% of the site and a
maximum building height of 50 feet. The land development regulations may further restrict
intensities . ”
8
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Waivers
-he applicant is
CODE
,equesting the following seven (7) waivers:
REQUIRED PROVIDED WAIVER DISCUSSIC SECTION
Section 78-
508
Intersections
Centerline
separation not
less than 150
feet apart
Non-alignment of
intersection or 120
feet of required
separation
Three additional
signs, in order to
provide one on
each building
elevation
30 foot separation
Section 78-
285 (Table 4)
SIGN
PROGRAM
One (1) 36”
high Principal
Tenant Sign
Request for four
(4) principal tenant
signs
Four (4) principal
tenant signs to be
greater in area
than the permitted
90 s.f. (One sign
at 240 s.f., Three
signs at 135 s.f.)
90 square feet
maximum sign
face area for
principal tenant
signage
150 s.f. for one
principal tenant sign
and 45 s.f. for three
principal tenant
signs
Section 78-
285 (Table 4)
SIGN
PROGRAM
(3)
Request 11 tagline
signs (1 6”)
indicating the types
of products sold,
located along the
accent band on the
front elevation.
Request 3 name
brand signs for
products sold,
located on the east,
west and south
elevations.
Allow for specific
product tagline
signage, such as
“Hunting, Fishing,
etc.”
Section 78-
285 (Table 4)
SIGN
PROGRAM
Sign type not
specifically
addressed
(4)
Section 78-
285 (Table 4)
SIGN
PROGRAM
Sign type not
specifically
addressed
Allow for brand
name signage
Section 78-
285 (Table 4)
SIGN
PROGRAM
Directional
signage sign
face area
maximum of 16
s.f.
Separation of
monument sign
from residential
property (50’
min.)
Relief of sign face
area requirements
for 2 directional
signs
Relief of 40’ for
separation due to
odd parcel shape
(limited frontage on
Sandtree Drive)
Provide up to 2
direction signs
larger than 4‘ x 4’
Section 78-
285 (Table 4)
SIGN
PROGRAM
Reduce separation
from residentially
zoned property to
IO’
9
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Waiver Criteria:
Section 78-158 (0. 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.
1. 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 developments possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
4. The request demonstrates 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 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 costal 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's 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:
(1 ) Waiver from Section 78-508, which states that proposed new street intersections
with centerline separation of less than 150 feet shall not be permitted.
Staff analysis: The applicant is proposing a waiver to allow a centerline separation
of 30 feet to a new intersection on Sandtree Drive. This is a waiver request for a
reduction of 120 feet in the separation requirement. Staff notes that the proposed
intersection is due to the applicant's main entry and that the entry is constrained by
an irregular shaped parcel. The entry configuration is constrained by property lines
and a retention area on the Northlake Commons Shopping Center. The applicant is
also providing an emergency access with a future connection with the Northlake
Commons Shopping Center. Until the future connection is made, the proposed new
intersection is the applicant's only means of egress from the right-of-way. Since the
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Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
applicant has feasibly reduced the extent of the waiver, staff recommends
APPROVAL of the waiver request.
(2) Waiver from Section 78- 285, Table 4, which states that one principal tenant sign is
permitted for a parcel with at least 100 lineal feet of right-of-way.
Staff analysis: The applicant is requesting a waiver to allow four (4) principal tenant
signs, or a tenant sign on each elevation. The Code currently allows only one (1)
principal sign per tenant for the property, because it has 961 lineal feet of right-of-
way along 1-95. This request is made due to the proximity of the development along
1-95 and due to the unusual point of access to the use on the property. As this use is
located along 1-95, but is only accessible from Sandtree Drive by way of Northlake
Boulevard, the applicant claims it is necessary that first time users (including both
year-round residents and seasonal visitors and residents) can identify the center
while traveling north on 1-95. The applicant states that the west facing sign will allow
patrons the ability to recognize the location and to safely exit 1-95 onto Northlake
Boulevard. Southbound travelers along 1-95 will only be able to see the north and
west facing signage once they are at the top of the Northlake Boulevard overpass
and would have to exit at Blue Heron Blvd. to return north to the Property. Staff
agrees with the applicant with respect to the justification of the signage facing north
and west and would recommend APPROVAL of the waiver of the aforementioned
signs.
A principal tenant waiver for the sign facing east toward the entrance to the property
over 500 feet away from the center is not supported by staff. This sign faces a
roadway (Sandtree Drive), but will be more than 720 feet away from said right-of-
way. Staff does not find that it will assist patrons in identifying this use more than the
monument sign at the point of ingresslegress. Also, staff notes that this signage will
be in closer to residential property (240 feet) than to the nearest right-of-way (720
feet). Due to the height and size of the sign, staff has concerns that the residential
property will be negatively impacted by this proposed waiver. Staff strongly
recommends DENAIL of the aforementioned sign.
The last principal tenant sign proposed is facing the south elevation and the adjacent
commercial property to the south. The applicant states that this sign is proposed to
assist those traveling north on 1-95 to see the store location and allow them time to
safely maneuver to the Northlake Boulevard exit. However, staff finds that this sign
is also within 100 feet of a residential park and 190 feet from residential property.
Due to the height and size of the sign, staff has concerns that the residential
property will be negatively impacted by this proposed waiver. Staff strongly
recommends DENAIL of the aforementioned sign.
Staff recommends PARTIAL DENAIL of the waiver request.
(3) Waiver from Section 78-285, table 4, which states that sign letters for principal signs
shall not exceed 90 square feet, or three percent of the affected building faqade,
whichever is less. 90 square feet is the lesser of the two calculations. 0
11
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Staff analvsis: The applicant is proposing signage that will increase the signage for
the main frontage sign to 240 s.f. (150 s.f. larger than the 90 s.f. maximum sign area)
and 135 s.f. for the three (3) additional principal tenant signs (45 feet larger than the
90 s.f. maximum sign area). The applicant states that this request is made to ensure
that the signage on the building is in correct proportion with the overall mass of the
building and specifically to the mass and scale of the enhanced entry features which
incorporate log post and beam construction. This waiver has been permitted on
various developments throughout the City where large buildings and architecture
exist, such as Downtown at the Gardens, however, staff notes that this waiver was
justified in circumstances when the sign was in areas not adjacent to residential
districts. Staff recommends DENAIL of the waiver as requested, however, would
reanalyze the request if the waiver were only for signage on the north and west
elevations and if the waiver request were reduced to a maximum of 135 square feet
for both signs.
(4) Waiver from Section 78-285, table 4, which does not include regulation for product
“tag line” signs that indicate the types of product sold, such as “hunting”, fishing, etc.”
Staff analvsis: The applicant is requesting a total of eleven (1 1) tag line signs across
the north face of the building identifying products offered by the retailer. The signs
are 1’6” large and examples used in the applicant’s rendering are, for example:
‘I H u n t” , Fish” , Cam p” , ‘I Firearm s” , “Ma ri ne”, “A p pa re I”, ‘I Foo twa re”, “Waters po rt s” ,
and “Archery” in a color to match the principal tenant sign. This request is made to
allow for additional product identification on the main frontage of the building (north
elevation). Gander Mountain typically identifies in a tag line products such as “camp,
boats, and fish” along a band at the front of their stores. The applicant states that
this is a standard that exists on all of their stores and helps patrons understand the
outdoor nature of the retailer. This signage is not permitted by LDR Section 78-285
unless permitted by waiver, and in staff’s opinion is inappropriate as proposed by the
petitioner. Staff finds that the applicant is requesting a waiver to allow four principal
tenant signs and is permitted a monument sign. Staff does not feel it is necessary to
clutter the fasade of the building with any additional signage. Staff also finds that this
request does not have any public benefit and will not be in harmony with how
signage for other big retailers has been approved. Staff recommends DENIAL of the
waiver request.
(5) Waiver from Section 78-285, table 4, which does not include regulation for product
brand name identification signs, such as “Tracker.”
Staff analysis: This request is made to allow for product brand name identification in
three locations: along 1-95, the store front, and to Sandtree Drive. The signs will be
provided for ease of identification of the location where “Tracker” is located within the
store. Staff is concerned that although each waiver request is taken on a case-by-
case basis, that the City will be forced into honoring a precedent to allow additional
commercial advertising in the form of brand name taglines. The City currently does
not permit this type of sign and does not consider them necessary for any product
identification. Furthermore, staff finds that the waiver request does not have any
public benefit and is purely economic in nature. Similar big box retailers, such as
12
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
“Home Depot”, “Sports Authority” and “Cosco”, do not currently have product
taglines. However, by allowing Gander Mountain this advantage in advertising
product brand names, staff finds that it may give other big box retailers the avenue to
request similar waiver requests. Staff recommends DENIAL of the waiver request.
(6) Waiver from Section 78-285, table 4, which states that directional signage shall be
no more than 16 square feet and only 1 directional sign is permitted per building.
Staff analvsis: This request is to allow a total of five (5) directional signs and for two
(2) of five (5) directional signs to be larger than the code maximum of 16 s.f.. This is
required due to the addition of the adjacent Sandtree Office development on the
signage to effectively direct traffic back to the office site located south of the subject
property. The intent is to provide direct access through the Gander Mountain
property for the office users to assist in relieving the Sandtree residential properties
from that office traffic throughout the day. The increased signage will ensure new
clients and patrons of the office building will be able to safely identify the most direct
route to the office building. Due to the complexity of directing traffic to the Sandtree
Office PUD through the Gander Mountain site, and the length of the access drive,
staff recommends APPROVAL of the waiver request.
(7) Waiver from Section 78-285. Table 4, which states that a monument sign shall be
located a minimum of 50 feet away from an adjacent residentially zoned property.
Staff analvsis: The applicant is requesting a monument sign be located 10 feet from
a residential zone property line (Sandtree Residential PUD), or a waiver of 40 feet.
The applicant’s request to locate a monument sign at the property’s principal point of
ingresdegress is necessary due to the unusual point of access along Sandtree
Drive, and away from Northlake Boulevard. The monument sign shall be located
approximately 10 feet away from the residential property line. This waiver is
necessary as the property is irregular-shaped and there is not an opportunity to
provide the minimum separation. In response to the requirement, the applicant is
providing an eight (8) foot high wall adjacent to the residentially zoned property. The
applicant is requesting relief of 40 feet from the minimum separation requirement of
50 feet. Because the applicant has minimizes the waiver as much as feasibility
possible, and a monument sign is beneficial for the public to identify the entry to
Gander Mountain, staff recommends APPROVAL of the waiver request.
0
STAFF ANALYSIS
Staff has worked extensively with the applicant on addressing the issues that encumber this
irregularly-shaped parcel. The applicant has made every effort to address the concerns of
the residents, the adjacent property owners, and City staff. Staff feels that the new retail
facility will be an asset to the City.
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
workshop on June 26,2007.
13
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
STAFF RECOMMENDATION
Staff recommends approval of petition PPUD-07-05-000014 with three (3) waivers and
denial of four (4) waivers, based on the following findings of fact, which is subject to the
following conditions of approval:
Planninq & Zoning
1.
2.
3.
4.
5.
6.
7.
a.
If the Applicant is proposing Art in Public Places on-site, and the art is not installed
prior to the issuance of the first Certificate of Occupancy or by the date included in
the approved art resolution, the City shall have the option of withdrawing the
escrow. (Planning & Zoning)
All on-site lighting shall be cast downward and shielded from adjacent properties.
(Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles occur within
a public right-of-way. (Planning & Zoning)
Prior to the issuance of the first building permit for vertical construction, the
Applicant shall install a six-foot tall construction fence with a privacy tarp around
the perimeter of the subject site. Once installed, this fence and tarp or any
portion thereof, shall not be removed unless authorized by the Growth
Management Department, with exception of the portion of the fence adjacent to
the Sandtree Residential PUD. This portion is allowed to be removed after the
completion of the 8-foot wall along the entire southern boundary of the property.
(Planning & Zoning)
Prior to the issuance of the Certificate of Occupancy for each building, all roof top
mechanical equipment shall be screened from view. (Planning & Zoning)
The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk. (Planning
& Zoning)
The applicant shall provide a perpetual cross-access easement to provide for the
potential future access between the Northlake Commons Shopping Center and
the subject site. The future cross access drive shall be barricaded with landscape
andlor pipe bollards until such a time that the City determines a connection is
beneficial to the public and has been reviewed and approved by the Police
Department and the site plan for Northlake CommonslHome Depot shall be
appropriately amended.
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
submit the property owner association documents for the City Attorney’s review
and approval. These property owner association documents shall reflect unity of
14
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
control for all common areas within the PUD, including, but not limited to,
parking, landscaping and drive aisles. (Planning & Zoning)
9. The Applicant shall provide fountains including aeration within all wet detention
areas on-site, prior to the issuance of the first Certificate of Occupancy.
(Planning & Zoning)
Citv Forester
IO. Prior to scheduling for City Council, the applicant shall submit a landscaping plan
with a final accounting of the number, sizes, species, and final location for all
relocated trees. (City Forester)
11.Prior to scheduling for City Council, the applicant shall show any FP&L
easements on the landscape plan and site plan to minimize conflicts with
proposed landscaping. (City Forester)
12. Prior to scheduling for City Council, the applicant shall make the following
corrections to the site plan and landscape plan: (City Forester)
a. Included points on the plant list for the Bismarckia Palms.
b. Revise the ground cover category to show the calculation used at 2 points
/I 0 square feet indicated for this category.
c. Correct the note on page L6 to indicate the correct type of sod for this
plan.
d. Correct the note on page L6 to allow for the plantings in the LME that are
on the plan as a result of a waiver request.
e. Revise the plans to eliminate a gap in the landscape buffer at the corner
of the wall on the north side of the entrance drive where it turns toward
the north and show plantings in this gap to cover the wall at least 50
percent.
13. Prior to scheduling for City Council, the applicant shall adjust the locations of
water and sewer lines on the plan to minimize the necessity of root barriers and
impact upon landscape buffers. (City Forester)
14. Prior to scheduling for City Council, the applicant shall identify the concrete area
at the northwest corner of the building. If said area is a loading zone, the
applicant shall remove the loading dock area out of sight of the driveway to the
Sandtree office building and replace with landscaping up to the vehicular site
line. (City Forester)
15. Prior to scheduling for City Council, the applicant shall revise the engineering,
landscaping and site plans to show the retaining wall on the eastern side of the
lake as having a textured, color surface. (City Forester)
16. Prior to scheduling for City Council, the applicant shall substitute Foxtail Palms
for the Oak Trees along the west side of the entrance drive along the lake area.
(City Forester)
15
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
17. Prior to scheduling for City Council, the applicant shall submit electronic copies
of the updated CAD files for open space areas. (City Forester)
18. Prior to scheduling for City Council, the applicant shall revise the proposed
“Gander Mountain at Sandtree” plat to include an ingresslegress easement
dedicated for the perpetual use of the Sandtree Office Complex, successor and
assigns. (City Forester)
19. Prior to scheduling for City Council, the applicant shall revise the engineering,
landscaping and site plans to show the existing sidewalk connection with the
proposed east-west pedestrian crosswalk on Sandtree Drive. (City Forester)
20. Prior to scheduling for City Council, the applicant shall correct and revise the
open space calculations and the sod square footage shall not exceed 40 percent
of the open space for the correct landscape points per square footage. (City
Forester)
21. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
install all required buffer plantings and roadway landscaping, including irrigation,
and the privacy wall in accordance with the approved landscape plan. (City
Forester)
22. Prior to the issuance of the first land alteration permit, the Applicant shall install
barriers to protect the preserve area and on-site vegetation. (City Forester)
23. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
remove all prohibited and invasive non-native plants from the site. Once all
removal work has been completed, the Applicant shall work with the City
Forester to install native material within the preserve to reasonably fill in gaps left
from the removal of exotic vegetation. (City Forester)
24. Prior to the issuance of the first building permit for vertical construction, the
Applicant shall submit FP&L- and SUA-approved landscape plans for review and
approval by the City. (City Forester)
25. Prior to the first clearing permit, the applicant shall relocate all encroachments
and utilities, including cable and telephone, to the proper areas to allow the
landscaping buffer to be planted with minimal interruption of services to the
adjacent properties. (City Forester)
26. Prior to the first land alteration permit, the applicant shall place funds in escrow
or a surety bond provided for an amount equal to llOo/~ of the estimated cost for
landscaping. (City Forester)
27. Prior to the issuance of a building permit for any vertical construction, the
applicant shall complete the eight-foot tall perimeter wall as shown on the Master
16
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Plan and the buffer landscape and irrigation south of the wall adjacent to the
Sandtree residential community to the satisfaction of the City. (City Forester)
28. Prior to the first Certificate of Occupancy, the applicant shall remove all exotic
plant species from the site. (City Forester)
29. No outdoor storage, repair, sales or display shall occur at anytime, unless
approved by the City Council. (City Forester)
30. No window signage shall be visible on the west side of the building at any time,
unless approved by the City Council. (City Forester)
31.The eight-foot tall perimeter wall shall be a color to match the building and
acceptable to the Growth Management Department. The concrete material shall
be painted with a graffiti resistant paint. The applicant, successors and assigns
shall remove any graffiti within 48 hours, or within an acceptable time frame as
coordinated through the applicable City department. (City Forester)
32. The applicant shall replace any vegetationlfencing removed from the adjacent
property (Northlake Commons) during the construction and installation of the off-
site drainage structures to the satisfaction of the City Forester and City Engineer.
(City Forester)
33. Prior to the issuance of any clearing permits, the applicant shall provide 6 foot
chain link fencing with opaque screening around the southern perimeter of the
property, and along the northern perimeter until the permanent 8 foot wall is
completed. Removal of all or a portion of the fencing and screening will be
reviewed and approved by the Growth Management Administrator or designee.
(City Forester)
Citv Engineer
34. Prior to the scheduling for City Council, the applicant will either remove all
reference to improvements to the offsite lake on the northwest corner of the
intersection of the entrance drive and Sandtree Drive or provide an executed
agreement which provides authorization to make the improvements and the
obligation to maintain any improvements in perpetuity.” (City Engineer)
35. Prior to the scheduling for City Council, the applicant shall revise the light pole
detail (Sheet 4 of 7) for conformance with Ordinance 26, 2006 which specifies
that the maximum height of the fixture, for pedestrian areas, shall be 12 feet. The
detail currently indicates 15 feet for the height of fixture in pedestrian areas. (City
Engineer)
36. Prior to the scheduling for City Council, the applicant shall provide a signed and
sealed photometric plan for review. (City Engineer)
17
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
37. Prior to the scheduling for City Council, the applicant shall provide separate
lighting level data, in the “Statistics” table, for the following areas of the project;
pedestrian areas, parking stall areas, drive aisles, ramps, stairwells, vehicle
entrance area and pedestrian entry areas, as applicable to the project. The
following data shall be specified; the maximum to minimum uniformity ratio, the
average initial or average maintained foot-candles, the minimum foot-candles,
the maximum foot-candles. (City Engineer)
38. Prior to the scheduling for City Council, the applicant shall identify the minimum
average lighting level maintained, which shall not be less than 1.5 fc per
Ordinance 26, 2006, based on the vehicle use area designation. (City Engineer)
39. Prior to the scheduling for City Council, the applicant shall identify the maximum
average lighting level maintained, which shall not be more than 10.0 fc per
Ordinance 26, 2006, based on the vehicle use area designation. (City Engineer)
40. Prior to the scheduling for City Council, the applicant shall revise the engineering
plan for consistency with the revised site plan (Sheet 5) by revising the radii of
the southwest curb at the project entrances to meet the minimum 30’ in
accordance with Section 78-508 of the LDR. (City Engineer)
41. Prior to scheduling for City Council, the applicant shall provided a pavement
marking and signage plan, for conformance with Section 78-46 of the LDR, with
the following noted modifications:” (City Engineer)
a. The applicant shall show a stop signlstop bar for the east bound traffic,
exiting the loading zone area (south of the traffic island, east of the
northeast corner of the building) (Sheet 12).
b. The applicant shall show, label and dimension a parking stall for the
“Delivery Area” shown at the southeast corner of the building (Sheet 3 of
7), on the pavement marking and signing plan (Sheet 12),
c. The applicant shall provide proper signage and barricading of the future
crossover drive, on the pavement marking and signage plan (Sheet 12),
for conformance with the MUTCD and the current FDOT Design
Standards.
d. The applicant shall review the pedestrian crossing signage in front of the
store, as to the need for the W16-7P arrows shown, on the pavement
marking and signage plan (Sheet 12). As it appears the applicant is not
restricting the crossing to a single crosswalk, therefore the applicant shall
verify if the pedestrian crossing signs should have the arrow plaques.
e. The applicant shall identify the proposed crosswalk, on the pavement
marking and signage plan (Sheet 12), on Sandtree Drive north of the
Gander Way and provide pedestrian crossing signs as shown on the site
plan.
f. The applicant shall revise the sign note for the pedestrian crossing signs
on Sandtree Drive north of Gander Way (Sheet 13), as only the W16-7P
arrow plaque is identified at this location.
18
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
g. The applicant shall revise the sign location for the west pedestrian
crossing sign on Sandtree Drive north of Gander Way (Sheet 13), which
is shown within the sidewalk.
h. The applicant shall provide a striped crosswalk for the proposed
reconstructed drive on Sandtree Drive north of Gander Way (Sheet 13).
42. Within 90 day of issuance of the first building permit, exclusive of the clearing,
tree relocation and wall construction permit, the applicant shall complete the right
turn lane (excluding final lift of asphalt) at the project entrance. (City Engineer)
43. Prior to Construction plan approval, the applicant shall dimension the proposed
width of the entry drive to the north of the off site lake, on Sandtree Drive (Sheet
5), for conformance with Section 78-46 of the LDR. (City Engineer)
44. Prior to the issuance of the first land alteration permit, the applicant shall provide
a signed and sealed pavement marking and signage plan, or provide the same
on the engineering plans. (City Engineer)
45. The applicant shall provide the City Engineer with copies of all correspondence
to and from regulatory agencies regarding issues on the Gander Mountain PUD.
(City Engineer)
46. Prior to the commencement of construction, the applicant shall provide all
necessary construction zone signage and fencing as required by the City
Engineer. (City Engineer)
47. Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall provide a cost estimate and surety in accordance with
LDR Sections 78-309 and 78-461, and a cost estimate for on-site project
improvements, not including public infrastructure or landscaping and irrigation
costs for review and approval by the City. The cost estimates shall be signed and
sealed by an engineer and/or a landscape architect licensed in the State of
Florida and shall be posted with the City, prior to the issuance of the first land
alteration permit. (City Engineer)
48. The applicant shall comply with all Federal Environmental Protection Agency and
State of Florida Department of Environmental Protection permit requirements for
construction activities. (City Engineer)
49. Prior to construction plan approval, the applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
50. Prior to the issuance of the first land alteration permit, the applicant shall provide
construction plans, including, but not limited to, paving, grading, and drainage
plans along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and drainage
plan and calculations shall be signed and sealed by an engineer licensed in the
State of Florida. (City Engineer)
19
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
51. Prior to the issuance of the first land alteration permit, the applicant shall provide
a letter of authorization from the utility companies allowing landscaping and light
poles within their easements. (City Engineer)
52. The construction, operation, and/or maintenance of any elements of the Gander
Mountain PUD shall not negatively impact the existing drainage of the
surrounding areas. If at any time during development it is determined by City
staff that any of the surrounding areas are experiencing negative drainage
impacts caused by the development of Gander Mountain, it shall be the
applicant’s responsibility to resolve said impacts in a period of time and a manner
acceptable to the City. If said impacts are not remedied in a time period and
manner acceptable to the City, the City may cease issuing building permits
and/or Certificates of Occupancy until all drainage concerns are resolved. (City
Engineer)
53. The build-out date for the Gander Mountain PUD shall be December 31, 2009,
unless extended in accordance with City Code Section 78-61. (City Engineer)
54. The applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in PBC Traffic Division equivalency and concurrency
approval letters. (City Engineer)
55. Should future traffic studies indicate the need, the applicant shall be responsible
for their fair share of the reconstruction of the intersection of Northlake Boulevard
and Sandtree Drive, as determined by the City Engineer at the time of
construction, to include the existing and new project left turn lanes to
accommodate the traffic impact of the development, which is currently forecasted
to be about 590 vph during PM peak periods. This redesigr
require additional storage length for the turn lanes, based
traffic analysis. (City Engineer)
56. Prior to the issuance of a clearing and grubbing permit
may, at that time,
on the applicant’s
or the project the
applicant shall provide a copy of the NPDES-permit for the project and implement
the approved Stormwater Pollution Prevention Plan elements. (City Engineer)
57. Prior to approval and issuance of the first permit for vertical construction, the
applicant shall provide an executed copy of the cross access agreement with the
office parcel at the southwest corner of the proposed development. (City
Engineer)
58. Prior to approval and issuance of the first permit for vertical construction, the
applicant shall provide an executed copy of the agreement with the Sandtree
development on the maintenance of fences and other encroachments. (City
Engineer)
20
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
59. Prior to the issuance of the building permit for the wall, the applicant shall provide
wind load calculations, for the proposed eight (8’) foot wall, for review and
approval of the City. (City Engineer)
Police Department
60. Prior to the issuance of a Certificate of Occupancy, all associated on-site lighting
shall be installed including exterior pedestrian walkway lighting. All pedestrian
walkway lighting shall utilize 12-foot pedestrian scale light poles. All on-site
lighting shall consist of metal halide or equivalent lighting approved by the Police
Department. (Police Department)
61. Prior to first land alteration permit, the applicant shall provide a gate at the
temporary construction entrance.
62. Prior to the issuance of a Certificate of Occupancy, lighting locations and building
addresses shall not conflict with landscaping, including long-term tree canopy
growth. (Police Department)
63. Prior to the Construction plan approval, the Police Department shall review the
locations of the crash gates, pipe bollards, security grilles, and burglar bars.
64. Prior to Construction plan approval, the 46 security cameras both interior and
exterior to the building will be determined and reviewed by the Police Department.
65. Prior to the issuance of a Certificate of Occupancy for Gander Mountain, all entry
doors (non-glass single/double) shall be equipped with astragal over the
threshold of the locking mechanism and case hardened deadbolt locks shall be
provided on all exteriorhnterior doors with a minimum one (1) inch throw or
mechanical interlock. Doors secured by electrical operation shall have a keyed-
switch or signal locking device to open the door when in the locked position.
Exterior doors shall have a holding force of at least 10001bs. Door hinges shall
employ non-removable hinges, and the main entries to the building shall be
wired for close-circuit digital camera surveillance system. (Police Department)
66. Prior to the issuance of a Certificate of Occupancy for Gander Mountain
Applicant shall provide a photocell sensor engaged lighting “dusk to dawn”,
above or near entryways, all four side of the building, and adjacent to sidewalks
for said building. (Police Department)
67. Prior to the issuance of a Certificate of Occupancy for Gander Mountain, all entry
doors shall be equipped with a metal plate over the threshold of locking
mechanism and case hardened deadbolt locks on all exterior doors with
minimum one (1) inch throw; door hinges on the interior side of each door, and
the main entries to the three-story buildings shall be wired for closed-circuit
digital camera surveillance system. (Police Department)
21
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
68. Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by the
Police Department, which shall include access to web cam on site during
construction and after hours site security will be provided once the building is
enclosed to a point where as the building will obscure the site lines of the web
cam. Noncompliance with the approved security and management plan may
result in a stop-work order for the PUD. (Police Department)
69. Prior to the issuance of a Certificate of Occupancy for Gander Mountain,
numerical addresses shall be placed at the front and rear of each building. Each
numerical address shall be controlled by a photoelectric device during the hours
of darkness, or as otherwise approved by the Police Department. All addresses
shall provide for bi-directional visibility from Sandtree Drive and shall consist of
twelve (12) inches in height and shall be a different color than the color of the
surface to which it is attached. The rear doors of the buildings with multiple
tenants shall have an illuminated 6 inch suite number on or along side door.
(Police Department)
70. Prior to the issuance of a Certificate of Occupancy for Gander Mountain, the
Applicant shall place roof top numbers parallel to the addressed street on these
buildings, only visible from the air. The numerals should be white blocked
lettered, weather resistant material, four feet in height and 18 inches wide.
(Police Department)
71. Prior to the issuance of a Certificate of Occupancy for Gander Mountain, the
Applicant shall provide a timer clock or photocell sensor engaged lighting near
the entryways and at all adjacent pedestrian pathways within the PUD. (Police
Department)
Miscellaneous
72. Prior to scheduling for City Council, the applicant shall address the fire flow
requirements for the project to the satisfaction of the Director of Operations of
Seacoast Utilities. (Seacoast Utilities)
73. Prior to scheduling for City Council, the applicant shall revise the site plan and
landscape plans to show a corridor for wire utilities and provide the proposed
locations of switch cabinets and transformers. (Seacoast Utilities)
74. Prior to scheduling for City Council, the applicant shall revise the drainage plans and
clarify maintenance responsibility, which shall include an exhibit that shows the
facilities and all responsible party obligations to the off-site outfall system, for the
entire off-site drainage facilities in the area up to the positive legal outfall. (Seacoast
Utilities)
75. Prior to the issuance of the first building permit, the applicant shall obtain off-site
easements from both the Northlake Commons project and the Sandtree Plaza
22
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
property the south in order to make water and sewer connections. (Seacoast
Utili ties)
76. Prior to the issuance of the first building permit, the applicant shall submit digital
files of the approved plat to the Planning and Zoning Division. Approved civil
design and architectural drawings, including floor plans, shall be submitted prior
to the issuance of the first Certificate of Occupancy for each building, or as
otherwise accepted by the GIS Manager. (GIs Manager, Development
Compliance Officer)
77. The Applicant shall be required to notify the City’s Public Works Division via fax
at least ten (IO) working days prior to the commencement of any
worWconstruction activity within any public right-of-way within the City. In the
case of a City right-of-way, the property owner has at least five (5) working days
to obtain a right-of-way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition may result in a stop-work
order of all workkonstruction activity within the public right-of-way and the
subject site. (Public Works)
23
Date Prepared: August 17, 2007
Meeting Date: September 11, 2007
Petition PPUD-07-05-000014
Residential Medium (RM)/
Professional Office (PO)
Subiect Property
Vacant
Residential Medium (RM)/
Professional Office (PO)
North
Northlake Commons
Shopping CenterlHome
Depot
PBC Residential Medium
(RM)
South
Sandtree Residential
DevelopmentlSandtree
Office Development
PBC High Residential - 12
Units per acre (HR-12)
West
1-95
General Commercial
(GC)
Commercial
(C)
General Commercial
(GC)
Commercial
(C)
Right of Way Right of Way
24
Cotleur & Hearing 0 Monday, July 16,2007
Revised Friday August 3,2007
Revised Wednesday August 29,2007
Gander Mountain Retail
Narrative - Rezoning to CPUD & Site Plan Approval
Introduction :
Oppidan, KTJ Limited Partnership 167, Inc. (the Applicant), is requesting approval from
the City of Palm Beach Gardens for a Planned Unit Development Overlay District (PUD)
for a 13.18 acre property located on the west side of Sandtree Drive and east of
Interstate 95 in the City of Palm Beach Gardens. The property is just south of Northlake
Boulevard. The Applicant is also seeking a Zoning Text Amendment to modify the City's
Land Development Regulations to allow for undercover retail sales for boats.
The property currently has an underlying future land use designation of Commercial.
ihe Applicant is permitted-by-right to develop a commercial/retail use with the current
CG1 zoning designation but is required to apply for a Planned Unit Development overlay
designation as specific waivers will be requested for signage. Due to the current City
policy to not allow for the conversion of commercial property to residential uses, the
petitioner finds this proposed use to be fully compatible with the surrounding
commercial uses to the north, the roadway (1-95) to the west and the adjacent office
use to the south. The use has been programmed to provide sufficient buffering from
the residential uses located to the southeast of the site. 0
Concurrent with the request for approval of a Commercial Planned Unit Development
district overlay designation and site plan approval the Applicant is requesting a zoning
text amendment to allow for the retail sale of boats to be permitted in the CGl zoning
district. Numerous surrounding jurisdictions and the County allow for boat sales in what
would be a similar/consistent general commercial zoning district. Currently, outdoor
boat display and sales are allowed in CG2 zoning district in the Gardens. Approval of
this request (with appropriate mitigation measures to ensure on- and off-site impacts
are sufficiently addressed) is appropriate for large format retail users that incorporate a
variety of sales at one location.
The site is accessed from a +/- 500 foot long entry drive that ties into Sandtree Drive.
Traffic concurrency has been established for this use at the intensity proposed as
provided for by Palm Beach County Traffic Engineering Department. The Site Plan has
been programmed so as to incorporate cross-connectivity to the adjacent professional
office use located to the south of the subject site and provide ample buffering between
the adjacent residential uses to the south and southwest. An on-site retention lake has
been located between the residential uses to the south and the retail center.
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
Project Contact
All correspondence for these requests should be directed to the Agent for the applicant:
Cotleur & Hearing Inc.
Donaldson Hearing, ASIA
1934 Commerce Lane, Suite 1 Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 113
Specific Requests and Fees
Rezoning CPUD and Site Plan (Base Fee)
Fax: (561) 747- 1377
Legal Escrow
Engineering Escrow
Total Fees
$3,000.00
$1,000.00
$3,000.00
$7,000.00
The Proposed Use
Gander Mountain is an outdoor goods retailer that has numerous store locations
throughout 22 states including Minnesota, North Dakota, Texas and more recently
Florida. The store provides a vast array of retail items for hunting, fishing, camping and
outdoor recreation. In addition to clothing and supplies they sell all terrain vehicles
(ATVs) and sport and leisure watercraft (boats). They offer servicing for the vehicles
they sell which makes up approximately 1% of their overall business. The Applicant has
identified this property as being the most amenable site for this type of use which is to
be located along the east side of 1-95. This is a lifestyle center that provides many of
the recreational amenities that South Floridians are accustomed to whether it involves
on-land or on-water recreational activity. Gander Mountain is an established and well-
recognized vendor in this growing market.
Landscaping
All property boundaries have been provided with sufficiently planted buffers and screen
walls (when adjacent to residential uses) to mitigate for any potential visual and sound
impacts to the adjacent properties. A 2-3 foot high berm has been specified along 1-95
for the purpose of hiding the field of parking at the front of the center. Landscape
diamonds shall be introduced throughout the parking lot to provide shade and to break
up the parking field. A strong native theme shall be used complement the outdoor
recreational use being proposed. The center’s frontage shall be planted with larger
material to compliment the massing of the front faqade.
Pedestrian Connectivity
The pedestrian network consists of a five foot wide sidewalk that commences at
Sandtree Drive and terminates at the main entrance to the retail center. A paver drive
aisle located along the front of the center will provide for traffic calming for patrons and
employees moving between the parking lot and the center.
Cotleur & 0 Hearing
ion comm.rc. L~N . sub i . JU~II.,. FL . 33451
2 581.147 6116 , $41.747.1171
F:Wroject Docurnents\07-0320 Gander MountainMpplications and SubmittalsUustification statementPUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
Parking
The center requires up to 480 parking spaces which have been provided away from the
adjacent residential properties. The site meets all Americans with Disabilities Act
requirements for access to the adjacent off-site sidewalk system and throughout the site
from the physically challenged parking spaces to the public entrances into the center.
Parking spaces are provided at the 9.5 foot wide by 18.5 foot long standard size with 25
foot wide travel aisles.
Architecture
The Applicant has engaged a local architect to assist with creating an enhanced building
appearance that incorporates Gander Mountain’s signature rustic appearance and
nationally recognized signage with significant horizontal and vertical movement with the
materials and elements along those facades visible from 1-95 and from the north. The
use of varying colors and textured materials further enhances this use and provides
significant visual interest for motorists passing along 1-95 as well as for patrons of the
center. Vertical elements have been added to further add visual interest to the building
fasade on all sides.
Signage
Gander Mountain has certain signage standards that they try to adhere to with their
nationally recognized logo (“Gander Mtn”) at each of their facilities and have made
numerous concessions to adhere to the requirements of the City’s LDRs, specifically
code section 78-285 for the size, and number of signs permitted. Also, due to the
unusual site configuration and point of ingress/egress for-the property the petitioner will
be seeking to locate a monument sign at Sandtree Drive. A waiver will be required to
satisfy the insufficient property frontage necessary to facilitate such a sign. This use
located along 1-95 should have clear name recognition and due to the limited access
opportunities to the site, it is necessary that additional principal tenant identification be
provided for new patrons and part-time residents unfamiliar with the location of this site.
Waivers Requested
The petitioner is requesting eight (8) waivers from section 78-285 of the City’s LDRs for
the additional principal tenant and directional signage and increased building height for
the building and a reduced lake maintenance tract wiaver for the site as outlined herein:
INTERSECTIONS
Section78-
508Ib)
Proposed new
intersections along
one side of an
existing street shall
where practicable,
coincide with any
existing intersections
on the omosite side
Cotleur & 0 Hearing
1934 Commrc. L.ru . lull. I . Jup1l.r. FL . 33458
561.741.6136 . 561.147.1311 3
Request to offset
proposed driveway
access point a
maximum of 28 feet
Relief of required
intersection
alignment due to
existing property
boundary condition
and limited
opportunities to
modify property
boundary
F:Wroject Documents\07-0320 Gander MountainL4pplications and SubmittalsUustification statementPUD-SP 8 29 07 doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
LAKE MAINTENANCE
TRACTS
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section78-
563(e)
3ne (1 ) 36" high
=rincipal Tenant Sign
90 square feet
maximum sign face
area for principal
tenant signage
Not Permitted
Not Permitted
Directional signage
sign face area
maximum of 16 s.f.
Separation of
monumnet sign from
residential property
(50' min.)
Permanent
improvements are
prohibited within lake
maintenance
easements
Request to add up to
(3) additional
principal tenant signs
Four (4) principal
tenant signs to be
greater in area
than the permitted
90 s.f. (1 sign at
240 s.f., 3 signs at
135 s.f.)
Allow for specific
product signage
Allow for brand
name signage
Provide up to 2
direction signs larger
than 4' x 4'
Reduce separation
from residentially
zoned property to 10'
Request to add
additional plantings
within the lake
maintenance
easement along the
west, east and south
sides
Relief to add three
additional signs one
on each building
elevation
Relief of 150 s.f.
for 1 principal
tenant sign and
45 s.f. for 3
principal tenant
signs
Request 11
tagline signs
indicating the
types of products
sold
Request 3 name
brand signs for
Droducts sold
Relief of sign face
area requirements
for 2 directional
signs
Relief of 40 for
separation due to
odd parcel shape
(limited frontage on
Sandtree Drive)
Addition of plantings
within the LME in
order to provide
adequate planting
areas for relocated
native trees and
newly planted street
trees
Justifications for Eight (8) Waiver Requests
1. Intersections - Waiver to allow for up to 28 feet of offset between
project drive and existing street intersection at Sandtree Drive and
Constellation Blvd..
Relief is sought from the alignment requirements of Section 78-508(b) New
Intersections to allow for the principal point of access to the subject site to
remain on site, and to limit impacts to adjacent developed properties. The
Petitioner is seeking relief from the above referenced section as limited
opportunities exist to reconfigure the adjacent commercial property's retention
area and compensate for the lake area that would be lost to align the new
driveway to the existing intersection at Constellation Boulevard. The Petitioner is
Cotleur & a Hearing
9934 Com~rc. bn. . SUII. 9 . J~pll.~, FL . 3Y58
561.717.6336 , 569 147.9311 4
F:Vroject Documents\07-0320 Gander MountainMpplications and SubmittalsVustification statementPUD-SP 8.29 07.doc
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01, 2007
reviewing options that angle the subject entrance drive (within the subject site
boundary) to more closely align with the existing intersection but a true
alignment would not be possible given the location of the intersection and the
limits of the subject property boundary in relation to the intersection. The traffic
conflicts that could potentially arise due to vehicles turning left from
Constellation Boulevard onto Sandtree Drive to access Gander Mountain or the
Sandtree neighborhood are few. The predominant traffic movements from
Parkway Village onto Sandtree Drive would be right turns to access Sandtree
Drive in order to access Northlake Village. The heavy weekday times for traffic
from Parkway Village would be during the a.m. peak hours as residents went to
work and p.m. peak times when returning from work. Gander Mountain traffic
would have to watch for southbound traffic and northbound traffic and in doing
so would have clear view of the traffic condition at the Constellation Boulevard
intersection. Appropriate signage can be provided that indicates traffic exiting
the subject site must defer to left turning traffic from Constellation Boulevard to
establish a priority stop condition at the point of exit. The need to add a speed
lane on northbound Sandtree Drive from Constellation Boulevard would be
problematic given the current drainage easements and structures that currently
exist on that side of the roadway. The Petitioner believes the proposed site
design and point of ingress and egress, given the surrounding uses and traffic
patterns, will be safe and efficient.
2. Additional Principal Tenant Signage - Waiver to allow three (3)
additional principal tenant signs.
This request is made due to the proximity of the development along 1-95 and
due to the unusual point of access to the use on the property. As this use is
located along 1-95, but is only accessible from Sandtree Drive by way of
Northlake Boulevard, it is imperative that first time users (including both year-
round residents and seasonal visitors and residents) can identify the center while
traveling north on 1-95. The west facing sign will allow patrons the ability to
recognize the location and to safely exit 1-95 onto Northlake Boulevard.
Southbound travelers along 1-95 will only be able to see the north and west
facing signage once they are at the top of the Northlake Blvd. overpass and
would have to exit at Blue Heron Blvd. to return north to the use. This west
facing sign is facing a roadway and is typically supported by Staff due to that
condition.
The second principal tenant waiver sign is facing east toward the entrance to the
property over 500 feet away from the center. This sign also faces a roadway
(Sandtree Drive) and will assist patrons in identifying this use which is well away
from this point of ingress/egress.
The third principal tenant sign proposed for the south elevation will face the
adjacent commercial property to the south. This sign is proposed to assist those
Cot leur & Hearing
1934 Comm.rr. L.N - Sull. I ' JuplIer. FL ' 33458
561.711.6336 . 569 747.9317 5
F:Vroject Documents\07-0320 Gander Mountainbpplications and SubmittalsUustification statementPUD-SP 8.29.07.d~
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
traveling north on 1-95 to see the store location and allow them time to safely
maneuver to the Northlake Boulevard exit.
3. Increased Principal Tenant Signage Area - Waiver to allow increased
sign face area for all principal tenant signs.
This request is made to ensure that the signage on the building is in correct
proportion with the overall mass of the building and specifically to the mass and
scale of the enhanced entry features which incorporate log post and beam
construction. This waiver has been permitted on various developments
throughout the City where large buildings and architecture exist. The specific
request will increase the signage for the main frontage sign to 240 s.f. (150 s.f.
larger than the 90 s.f. maximum sign area) and 135 s.f. for the three (3)
additional principal tenant signs (45 feet larger than the 90 s.f. maximum sign
area).
4. Additional "tag line" signs to be located on the north elevation. This
request is made to allow for additional product identification on the main
frontage of the building (north elevation). Gander Mountain identifies in a tag
line products such as "camping, boating and fishing" along a band at the front of
their stores. This is a standard that exists on all of their stores and helps patrons
understand the outdoor nature of the retailer. This signage is not permitted by
LDR Section 78-285 unless permitted by waiver, and it is appropriate for a large
building as proposed by the petitioner. There are a total of eleven (11) tag line
signs across the north face of the building identifying products offered by the
retailer .
5. Three additional "name brand" signs to be located on the north, west
and east facades of the building. This request is made to allow for
additional product identification along 1-95, the store front and to Sandtree
Drive. The signs will be provided for ease of identification of the location where
Tracker is located within the store.
6. Increased size for directional signage.
This request is to allow for up to two (2) of five (5) directional signs to be larger
than the code maximum of 16 s.f.. This is required due to the addition of the
adjacent Sandtree Office development on the signage to effectively direct traffic
back to the office site located south of the subject property. The intent is to
provide direct access through the Gander Mountain property for the office users
to assist in relieving the Sandtree residential properties from that office traffic
throughout the day. The increased signage will ensure new clients and patrons
of the office building will be able to safely identify the most direct route to the
office buildinq.
Cotleur& 0 Hearing
6
F:\Project Documents\07-0320 Gander Mountainblpplicaiions and SubmittalsVustification statementPUD-SP 8.29.07.d~
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
7. Monument sign requested less than minimum 50 away from adjacent
residentially zoned property.
The request to locate a monument sign at the property’s principal point of
ingress/egress is necessary due to the unusual point of access along Sandtree
Drive, and away from Northlake Boulevard. The monument sign shall be located
approximately 10 feet away from the residential property line. This wiaver is
necessary as parcel is odd shaped and there is not an opportunity to provide the
minimum separation. In response to the requirement, the Petitioner is providing
an eight (8) foot high wall adjacent to the residentially zoned property and there
are no residential properties directly adjacent to the proposed sign location. The
Petitioner is requesting relief of 40 feet from the minimum separation
requirement of 50 feet.
0
8. Lake Maintenance Tracts (LME) - Waiver to allow for additional
plantings (trees) within the lake maintenance tract.
Relief is sought from the lake maintenance tract requirement prohibiting the
installation of permanent improvements to allow for additional plantings (street
trees) along the west side of the LME and shrubs along the south end of the LME
adjacent to the perimeter wall. The configuration of the plantings will provide
for necessary access to the lake and allow for maintenance of the lake bank.
The area along the retaining wall along the west side of the lake is fully
accessible from the adjacent roadway and the proposed plantings shall be Foxtail
Palms lining the roadway. A retaining wall shall line the west side of the lake
negating lake bank maintenance along that edge.
Civil Engineering Considerations
The petitioner has an established legal point of outfall to the adjacent Home Depot
property and ultimately to Sandtree Drive by way of existing/established easements. In
order to adhere to the stage storage requirements of South Florida Water Management
District, the Petitioner has provided two on-site lakes. The southernmost lake is located
in the southwest corner of the site effectively providing additional distance between the
retailer and the adjacent residential dwellings located to the south and southwest
(Sandtree PUD). The second smaller lake is located at the north end of the property.
Zoning Text Amendment:
Oppidan, Inc./KJ Limited Partnershipl67, (“Applicant”), applicant for Petition
PPUD-07-05-000014: Gander Mountain Retail, is requesting an amendment to the City of
Palm Beach Gardens (Yity”) Land Development Regulations (“LDRs”) to create a new
use category within the LDRs to allow for the sale of boats, watercraft and all-terrain
vehicles as a Major Conditional Use within the General Commercial (CG1) zoning district
only as an ancillary component of a principal use permitted within the zoning district,
subject to certain criteria.
Cotleur & 0 Hearing
7
F:\Project Documents\07-0320 Gander Mountainkpplications and SubmittalsUustification statementPUD-SP 8.29.07.doc
Gander Mountain
CPUD/Site Plan Approval
Submitted: Auaust 01.2007
Backqround
Section 78-159, Table 21 of the .DRs, entitled “Permitted, Conditional and Prohibited
Use Chart” contains use categories for Boat and Marine Sales, which is permitted only in
the Intensive Commercial District (CG2), and for Motorcycle Sales and Service, which is
permitted in CG2 and the Light Industrial District (MlA).
Boat and Marine Sales is defined in the LDRs as “an establishment engaged in the sales,
rental, repair, maintenance, and service of watercraft, including powerboats, sailboats,
and personal watercraft, and the retail sale of items associated with boating and marine
activities.”
Motorcycle Sales and Service is defined as “an establishment engaged in the sale, rental,
maintenance, service, and repair of new or used motorcycles.” It should be noted that
“motorcycles” is not defined in the LDRs.
Petition PPUD-07-05-000014: Gander Mountain Retail
The Applicant has submitted a Planned Unit Development/SitePlan application to the City
to allow for the construction of a 120,000 square-foot retail facility (“Facility”) on a
13.18 - acre site located within a CG1 zoning district. The building will be occupied by a
major outdoor goods retailer known as ”Gander Mountain.”
Gander Mountain is an outdoor goods retailer with numerous store locations throughout
22 states including Minnesota, NorthDakota, Texas and more recently Florida. The store
provides a vast array of retail items for hunting, fishing, camping and outdoor
recreation. In addition to clothing and supplies, Gander Mountain offers the sale of
boats, watercraft, and all-terrain vehicles.
Permitted Use Issues
As part of the development review process for the Facility, it was made known by the
Applicant that it intended to offer the sale of boats, watercraft and all-terrain vehicles as
an ancillary component of the Facility’s primary use (the retail sale of items for hunting,
fishing, camping and outdoor recreation). (It is important to note that staff has
indicated that the proposed sale of boats and watercraR is classified under the ‘Boat
and Marine Sales” use categoy, and the proposed sale of all terrain vehicles is classified
under the “Motorcycle Sales and Service“ use categoy.) In response, City staff made a
determination that the sale of boats, watercraft and all-terrain vehicles is not permitted
within the CG1 zoning district, based on the fact that Boat and Marine Sales and
Motorcycle Sales and Service are not permitted within said district.
Cotleur & 0 Hearing
8
F:\Project Documents\07-0320 Gander Mountainblpplications and SubmittalsUustification statementPUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
LDR Text Amendment
It is the Applicant’s position that such proposed sale of boats, watercraft and all-terrain
vehicles as an ancillary component of a primary large-scale retail use, does not meet the
definition of Boat and Marine Sales and Motorcycle Sales and Service as defined in the
LDRs. Further, the applicant believes that such use is consistent with the intent and the
general requirements of the CG1 zoning district, as identified in Section 78-147 of the
LDRs, entitled “CGl-General Commercial District” (please see ‘Yustificati0n”section of
this document).
Accordingly, the Applicant is hereby proposing a text amendment to the City’s LDRs to
allow for the sale of boats, watercraft and all-terrain vehicles as an ancillary component
of a principal use permitted within the CG1 zoning district, subject to certain criteria,
including a Major Conditional Use approval by the City Council. (It should be noted that
said criteria includes a requirement that all sales, storage and display take place
completely within the enclosed, under-air portion of the building). The Applicant
believes that the criteria being proposed will provide the City with the needed
safeguards to ensure that the proposed use maintains consistency with the intent of the
CG1 zoning district.
ProDosed LDR Text Amendment Lanauaae
The Applicant is proposing that the following amendment to the text of the City’s LDRs:
I RETAIL & COMMERCIAL+ E
Ancillar -k I c
-
Section78-159,Ta bIe31: Permitted,ConditionalandProhi bitedUseChart
Cotleur& 0 Hearing
9
F:Vroject Documents\07-0320 Gander Mountain~pplications and SubmittalsUusti fication statementPUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
*******
Section 78-159. Permitted uses, minor and major conditional uses, and
prohibited uses.
(j) Additional standards, The following standards apply to specific uses as
indicated in the "Note" column of Table 21. *******
/13)Boat, Watercraft, and All Terrain Vehicle Sales, Ancillarv. The sale of boats,
watercraft, and all-terrain vehicles as an ancillarv component of a principal use
permitted in the General Commercial (CGl) zonina district shall be allowed as a maior
conditional. Such ancillary sale of boats, watercraft and all-terrain vehicles shall comply
with the criteria listed below:
a. Sales, disdavs and storage shall be contained completely within the enclosed,
under-air Dortion of the buildins.
b. There shall be no disdav areas for boats, watercraft and/or all terrain vehicles that
are intended for view and/or clearlv visible from the exterior of the buildina.
c. The maximum floor area that is to be utilized for the sale, storage or displav of boats,
watercraft and/or all-terrain vehicles, colledivelv, shall not exceed twenty-five percent
/25O/o) of the qross floor area of the tenant space. For calculation purposes:
1 The area to be counted towards said maximum area shall include the
area immediatelv surroundinq the boats, watercraft and/or all-terrain
vehicles;
Such areas shall be divided into a maximum of two (2) separate areas
within the tenant space: and
Areas desiqnated for the sale of accessories related to boats, watercraft
and/or all-terrain vehicles shall not be counted towards said maximum.
2.
3.
0
d. No repair or warranty service shall occur on-site.
Justification
As previously stated, the Applicant believes that the proposed use, Boat, Watercraft, and
All Terrain Vehicle Sales, Ancilla/y, is consistent with the intent and the general
requirements of the CG1 zoning district, and not that of the Intensive Commercial (CG2)
zoning district.
Section 78-147 of the LDRs entitled "CG-1 -- General Commercial District" reads as
follows:
Cotleur & 0 Hearing
1934 Comm.rs. Lam . W1.1 , Jupl1.r. FL ' 32430
381.747 6316 511.741.1117 10
F:Vrolect Docurnents\07-0320 Gander MountainMpplications and SubmittalsVustification staternentPUD-SP 8 29 07 doc
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01, 2007
“(a) Composition and intent. The CG-1 general commercial district provides both the
retail goods and services supplied by the neighborhood business districts and the
wider range of retail goods and services required by residents or a group of
neighborhoods. This district is not intended to be suited for outdoor sales activities.
The district shall be primarily oriented to intersections of major thoroughfares within
the city. To protect the abutting and surrounding residential areas, only certain uses
shall be permitted as provided in this article.”
*******
(d) General requirements.
(1) Enclosed activities. Sales, display, retail and business activities, and storage shall
be conducted within a completely enclosed building. Not more than 30 percent of
gross floor shall be utilized for storage of goods and merchandise.
(2) Secondhand merchandise. Sale, display, or storage of second hand merchandise
is not permitted, except as incidental to the sale of new merchandise.
(3) Retail sales. Establishments allowed as permitted or conditional uses shall sell
products only at retail.”
Appkant Comment The proposed sale of boats, watercraft, and all-terrain vehicles as
an ancillary component of a primary use will provide for a wide range of retail goods and
services required by residents and/or a group of neighborhoods; no outdoor sales
activities are permitted; safeguards are being included in the proposed text to protect
the abutting and surrounding residential areas; all ancillary sales, storage and display of
boats, watercraft and all-terrain vehicles are required to be contained within a
completely - enclosed building; no second hand merchandise will be permitted; and all
products will be sold only at retail.
Section 78-148 (a) of the LDRs entitled “CG-2 -- Intensive Commercial District” reads as
follows:
”(a) Cumposition and intent. The CG-2 intensive commercial district is composed of
land and structures occupied by or suitable for intensive commercial uses primarily
oriented to major arterial roadways. These districts permit uses more intensive
than those permitted in neighborhood and general commercial districts and are
intended to serve a larger area ....”
Applicant Comment: Applicant believes that the sale of boats, vehicles and watercraft as
an ancillary component (maximum 25% of gross floor area) of a primary use permitted
in the zoning district, subject to the proposed criteria referenced herein including the
limitation to indoor sales only, does not in any way cause the permitted primary use to
be considered a CG-2 use. Thus, the proposed ancillary use is consistent with the CG1
zoning district.
Cotleur 81 0 Hearing
1934 Cwnrnwr. bn. , Sull. 9 . Jup1l.i. FL . 33458
11 541.141.6336 . 561.141.13Tl
F:Vroject Docurnents\07-0320 Gander MountainMpplications and SubrnittalsUusti fication staternentPUD-SP 8.29.07.doc
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
Conclusion 0
The Petitioner is seeking rezoning of a commercial property from CG1 to CPUD/CGl and
site plan approval in the City of Palm Beach Gardens. The subject property is 13.18-
acres in size and is located east of Interstate 95, west of Sandtree Drive and north of
the Sandtree residential neighborhood. The applicant intends to develop a specialty
outdoor recreational retail center that will cater to various outdoor activities including
but not limited to camping, hunting, outerwear, recreational vehicles (including ATVs
and watercraft), and fish supplies. Gander Mountain is a nationally established retailer
in such goods and services and intends to meet and exceed the minimum code
requirements for building and site design programming. The petitioner intends to be a
good corporate neighbor to the existing compatible commercial and office uses located
to the north, northwest and south of the property and to the existing residential
community to the south and southwest of the site. This proposed use is consistent with
the outdoor recreational lifestyle espoused by South Floridians and specifically Palm
Beach Gardens and this use shall become a destination for residents throughout the City
and surrounding areas. As the use is located along 1-95 (a major highway) and has an
unusual point of entry, the Petitioner is requesting that additional signage be provided to
ensure residents and visitors to the City recognize the presence of the center and stop in
Palm Beach Gardens to shop. The Petitioner is anxious to work closely with Staff
throughout the approval process to ensure a successful development is achieved in the
City of Palm Beach Gardens.
Cotleur & Hearing
12
F:Vroject Documents\07-0320 Gander MountainLApplications and SubmittalsUustification staternentPUD-SP 8.29.07.doc
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CITY OF PALM BEACB GARDENS
PLANNING, ZONING & APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: September 4,2007
Meeting Date: September 11,2007
Ordinance 29,2007
SubjecUAgenda Item:
Ordinance 29,2007: Code Amendment to Section 78-221 PGA Boulevard Corridor Overlay
Public Hearing and Recommendation to City Council: A City-initiated request for approval of a
text amendment to Section 78-221, PGA Boulevard Corridor Overlay, Code of Ordinances. This
City Code amendment provides for the revision to the list of permitted and prohibited uses within the
overlay to spec* that nightclubs, bars, or lounges are prohibited uses within the overlay.
~ ~~
[XI Recommendation to APPROVE
[ 1 Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum, Esq.
Development Compliance
NA
Bahaeh Keshavarz, AlCP
Administrator
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Managepent:
KaraL. Irwin
Growth Management
Administrator
[ 3 Quasi-Judicial
Legislative
r 1 F’ublicHearing
Advertised:
Date: 8/3 1/2007
Paper: PBPost
[ ] Not Required
Affected parties:
[ ]Notitied
[XI Not Required
FINANCE:
Costs: $N/A
Total
$- N/A-
Current FY
Funding Source:
r loperating
[XJ Other N/A
Budget Acct#:
NA
PZAB Action:
[NIA] Approved
[NIA] App. wl conditions
PIA] Denied
[ ]Rec.appmval
[ ] Rec. app. wl conds.
[ ]Rec.Demal
[N/A] Continued to:
Attachments:
0 Orhance 18,2004
0 Ordinance 25,2006
0 Section 78-22 1
0 Ordinance 29,2007
Date Prepared: August 4,2006
Meeting Date: September 6,2006
Ordinance 29,2007
BACKGROUND
On July 25,2007, the City’s Planning and Zoning Division forwarded a letter in response to arequest
for written confirmation from the City that the proposed primary use of a night club and lounge were
permitted conditional uses within Harbor Shops (the ‘Property’), which lies within the boundaries of
the PGA Boulevard Corridor Overlay (the ‘Overlay’) and is subject to the regulations thereof The
letter prepared by the City stated that the proposed primary use of night club and lounge was not a
use included in the list of permitted uses within the Overlay. City Code Section 78-221(d)(l)(a)
states, . . .some uses shall be prohibited within the Overlay which might be permitted in other zoning
districts which are not subject to the Overlay.” Furthermore, it has consistently been the City‘s policy
that if a use is not listed under the list of permitted uses for a particular zoning districtloverlay, said
use is not permitted within said district/overlay. Therefore, it was stas determination that a night
club and lounge was not a use permitted within the Property.
The property owner appealed the determination by the Planning and Zoning Division that night club,
bar or lounge was a prohibited use within the Overlay because the underlying zoning district of
General Commerual (CG1) lists night club and lounge as a major conditional use.
On August 14,2007, the Planning, Zoning and Appeals Board overturned the decision ofthe Growth
Management Administrator relative to the prohibition of a nightclub, bar or lounge within the PGA
Corridor Overlay. The decision of the Board that the use was consistent with the terms of the
Overlay, set a precedent that now allows any and all such ‘night club, bar or lounge’ uses to apply fbr
conditional use approval, and to locate within any property along PGA Boulevard that has a
commercial zoning designation.
Based on the action of the Planning, Zoning, and Appeals Board, the City Council directed staffto
initiate an amendment to the Land Development Regulations to clarifi the language and make it clear
that a ‘night club, bar or lounge’ is considered a prohibited use within the PGA Boulevard Overlay.
The subject petition is a City-initiated request to amend Section 78-221, which is entitled the PGA
Boulevard Corridor Overlay. The purpose and intent of this amendment is to clarifi the allowable
and prohibited uses that will fbrther enhance the unique character of the City’s main street.
PGA OVERLAY
On August 5, 1993, the City Council adopted Ordinance 13, 1993, which codified a new section in
the Code of Ordinances entitled “PGA Boulevard Planning and Design Guidelines.” The intent of
this City Code Section was to designate PGA Boulevard as the City’s “Main Street” and to establish
design principles to fbrther enhance this corridor. This section also included a list of prohibited and
permitted uses within the PGA Boulevard Corridor Overlay.
Subsequently, the PGA Boulevard Corridor Overlay was amended on March 8, 1996, with the
adoption of Ordinance 2,1996. This ordinance provided for the approval of an amendment to the list
of permitted and prohibited uses within the overlay, to prohibit discount department stores in excess
of 50,000 square feet. Prior to this City Code amendment, all discount, wholesale, and outlet stores
were prohibited regardless of size.
Date Prepared: August 4,2006
Meeting Date: September 6,2006
Ordinance 29,2007
Following the first amendment, on July 20,2000, the City adopted Chapter 78- Land Development 0
Regulations that was prepared by the Duncan & Associates firm. This City Code amendment
provided for revisions to the PGA Boulevard Corridor Overlay section. Included in these revisions,
was a change to the list of permitted and prohibited uses to allow single-entity retails establishments,
if certain criteria were met. Prior to this City Code amendment, single-entity retail establishments
were prohibited within the PGA Boulevard Corridor Overlay.
The third amendment to the PGA Boulevard Corridor Overlay became effective on August 5,2004,
when the City Council adopted Ordinance 18,2004. The purpose for this amendment was that the
previous language in the overlay did not include several use categories, including personal services, in
the list of permitted uses or the list of prohibited uses. It had been the City’s policy that if a use is not
listed as a permitted use, the use is not allowed. Hence, the previous language was proven to be too
restrictive and difficult to interpret by staE and the business community. For this reason, staff
initiated the code amendment to clarifl the language relating to uses within the overlay.
The fourth and most recent amendment provided for the approval of changes to the boundaries ofthe
PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the
permitted and prohibited uses within the Overlay. It was adopted by City Council on September 20,
2006, through the adoption of Ordinance 25,2006.
The current amendment provides clarification regarding prohibited uses within the Overlay. It also
specifically adds ‘nightclub, bars, or lounge’ as a prohibited use within the PGA Boulevard Overlay.
CITY CODE AMENDMENT
This City Code amendment provides for the approval of changes to the permitted and prohibited uses
within.
Section 78-22 1 is amended to state the following: (Deletions are s&&, new language is underlined):
(a)
within the PGA Boulevard corridor overlay.
Scope. The planning and design regulatiws established in this division shall apply to all lands
* * *
(d) Site development guidelines.
(1) District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end, some uses shall be prohibited
within the overlay which might be permitted in other zoning districts which are not
subject to the overlay.
Date Prepared: August 4,2006
Meeting Date: September 6,2006
Ordinance 29,2007
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and
prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or lodge*; public
park; and theater** (500-seat mu.)
(ii) Office uses: medical or dental office, clinic or supply sales; optician or
optometrist office; and professional and business office.
(ii) Personal services that are not wholesale or discount in nature: baddhcial
institution (drive-thru lanes shall not face PGA Boulevard); banquet
facility*; beauty salon (excluding stand-alone nail salons); catering service*;
commercial marinas (waterfront only); convenience stores with gas sales
and auto service stations that existed prior to September 20.2006 (&tee€
photo studio and processing; picture fiaming; studio* (instructional or
professional); and travel agency.
3c 9 ,- !MQ* * *; day spa; dry cleaning, pick-up and drop-off only);
(iv)Public and institutional facilities: churches and places of worship* *; college
or university, public or private**; governmental uses; hospital, public or
private**; post office**; and schools, public or private**.
(v) Research and light industrial uses: laboratory* * (general, dental, or medical,
or industrial research and development); minor utilities and accessory uses;
self-storage* *; and passenger and transit stations* *.
(vi) Residential uses: hotel; multifamily dwelling; and single-family dwelling.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance and/or electronics store; art gallery, museum, andor
studio; bakery; bookstore; bridaVformalwear store; camera and photography
sales and service; candy, nuts, and confectionary sales; card store; clothing
store; department store (specialty or full line); drug store (drive-thru lanes
shall not face PGA Boulevard, provided stand-alone drug stores do not
fiont upon PGA Boulevard); floral or florist shop; hrniture store; gift shop;
grocery store (specialty); ice cream shop; interior design (including sales);
houseware sales; jewelry store (including repair of jewelry and clocks);
leather goods and luggage store; music and musical instrument sales; news
and magazine sales; office equipment sales; optical retail sales; pottery shop;
restaurant (no drive-thru; no exterior take-out windows); shoe store;
sporting goods sales; telecommunication equipment sales (for personal use
only); tobacco shop; toy store; and video and video game rental and sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Date Prepared: August 4,2006
Meeting Date: September 6,2006
Ordinance 29,2007
Note: The conditional use criteria and additional standards for specific uses
established in this Chapter shall apply to the uses established above.
*** A convenience store with gas sales or an auto service station that existed
prior to 25,2!)%)-S eptember 20.2006, shall be permitted to
expand its size provided the expansion does not result in more than a one percent
tr&c impact or an expansion of the existing land area of the site. Further, an
auto service station shall be permitted to change its use to convenience store with
gas sales.
2. A use not listed in thkse&m p aragraph 1 but possessing similar
characteristics as dehd in Section 78-1 59 (Q W may be established upon
approval by the growth management director. Appeals to such determinations
shall be made to the planning, zoninLand appeals board.
3. The following uses are prohibited:
[i) Any use not listed as a permitted use. minor conditional use. or major
conditional use in (1) above.
(ii) Any use not recoanized as a similar use as provided in (2) above.
(iii)Anv use not listed as a Permitted use. minor conditional use. or rndior
copditi.ona1 use in the underlying zoning district.
.. (iv)By example. but without limitation. any of the following uses: J+&hk&w
wellas auto, recreational vehicle, truck, and similar vehicle sales, storage,
and repair; wholesale, discount, and outlet stores; self storage buildings that
directly fiont upon PGA Boulevard; outdoor self-storage; stores having a
building footprint in excess of 40,000 square feet; single-entity retail
establishments, unless otherwise provided in this division; intense
commercial and industrial activities characteristic of the CG-2 and M-2
districts; mobile home parks; ad drive-in facilities unless as an accessory
use to a bank or drug store, night clubs. bars and lounges as defined in
Section 78-75 1.
4. This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in a use or
structure that may otherwise become a legal nonconformity as a result of the
passage of Ordinance 18,2004, Ordinance 25,2006, or Ordinance 27.2007 or (2)
Date Prepared: May 26,2004
As Amended at Second Reading: August 5,2004 e1
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ORDINANCE 18,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE PGA
221, CODE OF ORDINANCES, ENTITLED “PGA BOULEVARD
CORRIDOR OVERLAY” RELATING TO PERMITTED,
CONDITIONAL, AND PROHIBITED USES WITHIN THE OVERLAY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
BOULEVARD CORRIDOR OVERLAY; AMENDING SECTION 78-
WHEREAS, the existing language in the City’s Code of Ordinances relating to
permitted and prohibited uses in the PGA Boulevard Corridor has proven to be difficult
to interpret by City staff and others doing business within the City; and
WHEREAS, the City Council has determined that it is necessary to amend said
language so that future problems relating to the interpretation thereof can be eliminated;
and
WHEREAS, the City’s Land Development Regulations Commission reviewed
said amendment to the City’s Land Development Regulations (LDRs) at its May 11,
2004, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends Section 78-221, Code of
Ordinances, entitled “PGA Boulevard corridor overlay,” to read as follows:
Section 78-221. PGA Boulevard corridor overlay.
***
(b)(4) Waivers. The city shall not grant any waiver which permits the
establishment of a use not authorized by this division. The city shall not clrant
any waiver of intensity which would allow a theater in excess of 500 seats.
***
(d)(l )b. Permitted and prohibited uses. Those uses permitted, conditionally
permitted, and prohibited within the PGA Boulevard corridor overlay are listed
below:
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Date Prepared: May 26, 2004
Ordinance 18,2004
As Amended at Second Reading: August 5,2004
1. Permitted uses shall consist of the followinn:
hn
(i) Cultural. entertainment. and recreational uses: private club or lodge*;
public park; and theater** (500-seat max).
[ii) Office uses: medical or dental office, clinic or supplv sales; optician or
optometrist office: and professional and business office.
(iii) Personal services that are not wholesale or discount in nature:
banwfinancial institution (drive-thru lanes shall not face PGA Boulevardl;
banquet facilitv*; beautv salon (excluding stand-alone nail salons);
catering service*; commercial marinas (waterfront onlv); dav spa; dry
cleaninq (not fronting PGA Boulevard; pick-up and drop-off onlv): photo
studio and processinq; picture framinq; studio* (instructional or
professional); and travel aqencv.
(iv) Public and institutional facilities: churches and places of worship**;
collene or universitv. public or private**: governmental uses: hospital,
public or private**; post office**: and schools, public or private**.
(VI Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessot-v uses; and passenqer and transit stations**.
[vi) Residential uses: hotel; multifamilv dwellinq; and sinqle-familv dwellinq.
lvii) Specialty retail uses that are not wholesale or discount in nature: antique
shop; appliance andlor electronics store; art qallerv, museum, and/or
studio; bakerv: bookstore: bridallformalwear store; camera and
photonraphv sales and service: candy, nuts, and confectionarv sales;
card store: clothinn store; department store (specialtv or full line): druq
store (no drive-thru); floral or florist shop; furniture store: qift shop;
grocery store (specialtv): ice cream shop; interior desiqn (including
sales); houseware sales: iewelrv store (includinq repair of iewelrv and
clocks): leather qoods and luqqaqe store: music and musical instrument
sales; news and maqazine sales; office equipment sales: optical retail
sales: pottery shoD: restaurant (no drive-thru; no exterior take-out
windows); shoe store; sporting goods sales; telecommunication
equipment sales (for Dersonal use only); tobacco shop; tov store: and
video and video qame rental and sales.
* Minor Conditional Use approval required.
** Maior Conditional Use approval required
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Date Prepared: May 26,2004
Ordinance 18,2004
As Amended at Second Reading: August 5,2004
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall applv to the uses established above.
2. A use not listed in this section but possessinq similar characteristics thereto
may be established uDon approval bv the qrowth manaqement director.
Aweals to such determinations shall be made to the planninq, zoninq and
armeals board.
- 3.25 Prohibited uses shall consist of those prohibited uses in the underlvinq
zoninq district. as well as auto, recreational vehicle, truck, and similar vehicle
sales, storage, and repair; wholesale, discount, txlkbxp and outlet stores
cimtes; self storage; stores having a buildinq footprint in
excess of 40,000 5&QOQ square feet; single-entity retail establishments,
unless otherwise provided in this division; intense commercial and industrial
activities characteristic of the CG-2 and M-2 districts; mobile home Darks; and
drive-in facilities unless as an accessory use to a bank.
4. This section shall not be construed or held to affect the riqhts of (1) any
existinq established business, its successors, or assiqns, to continue in a use
or structure that may otherwise become a leqal nonconformitv as a result of
the passaqe of Ordinance 18, 2004 or (2) any use specificallv approved bv a
development order granted bv the Citv prior to the effective date of Ordinance
18, 2004.
(d)V )c. * Single-entity retail users. Single-entity retail
users mamk4 Boulevard corridor overlay, subject to the
requirements of this division and the additional requirements listed below.
ttt
2. If located within a larger development, the single-entity retail building shall be
inteqrated into the overall site plan for the parcel and shall be designed and
constructed in a manner that reflects the same architectural style, color,
materials, and treatments of the other buildings within the parcel.
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Date Prepared: May 26, 2004
Ordinance 18,2004
As Amended at Second Reading: August 5,2004
4. The building within which the single-entity retail use is located shall not have
a buildinn footprint in excess of 40,000 , square feet.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption,
except that the provisions of Section 78-221 (b)(l )b establishing minor conditional uses
shall become effective upon the effective date of Ordinance 18, 2004.
PASSED this I* day of Td W
PASSED AND ADOPTED this 5"+ day of W!
,2004, upon first reading.
,2004, upon second
and final reading.
Joseph Russo, Vice Mayor
David Levy, Councilrnember
ATTEST: -
BY:
Patricia Snieler, City'CIek
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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43 rhristine P. Tatum, City Attorney
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AGAINST ABSENT
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47 G:bttorney-share\ORDINANCES\pga blvd corr overlay use regulations - ord 18 2004-as amended at second reading.doc i a46
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Date Prepared: June 7,2006
As Amended at First Reading: September 6,2006
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ORDINANCE 25,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
ENTITLED “PGA BOULEVARD CORRIDOR OVERLAY” OF THE
CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA AMENDING SECTION 78-221,
WHEREAS, the City Council adopted Chapter 78 “Land Development Regulations”
of the City Code of Ordinances, which includes Section 78-221, entitled “PGA Boulevard
Corridor Overlay,” on July 20,2000, with the adoption of Ordinance 17,2000; and
WHEREAS, PGA Boulevard is defined as the City’s “Main Street” in Policy I .1.6.5
of the City’s Comprehensive Plan and therefore is of special interest and concern to the
City; and
WHEREAS, Section 78-221 provides for the regulation of uses within the overlay
and the boundaries thereof; and
WHEREAS, the City Council has determined that it is necessary to amend Section
78-221 to provide for revisions to the list of permitted and prohibited uses within the
overlay, site development guidelines, and the boundaries thereof; and
WHEREAS, this Land Development Regulations amendment petition (LDR-03-06)
was reviewed by the Planning, Zoning, and Appeals Board as the duly constituted Land
Development Regulations Commission at a public hearing on August 8, 2006, which
recommended its approval by a vote of 6-1 ; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-221, entitled “PGA Boulevard Corridor Overlay” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows (deleted language is ; new language is underlined):
Date Prepared: June 7,2006
Ordinance 25,2006
01 Sec. 78-221. PGA Boulevard Corridor Overlay.
9 L
3 (a)
4
Scope. The planning and design regulations established in this division shall apply
to all lands within the PGA Boulevard corridor overlay.
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* * *
Applicability and Effects.
Applicability.
a. Standards. The standards contained in this division shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to
PGA Boulevard. These standards may apply regardless of whether or not a
property is primarily accessed via PGA Boulevard or where property may not
be accessible via PGA Boulevard.
b. Existing approvals. While existing development and approvals granted prior
to August 18, 1994, are not required to comply with the standards of this
division, any maior amendments to previous approvals, or any redevelopment
-shall conform with these regulations.
c. Affect on nonconformities. Nonconforming buildings, lots, or uses shall be
subject to the provisions of the overlay should they seek any expansion or
modification, or should they suffer damage in excess of 50 percent of their
appraised value.
Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting
or abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from
the edge of right-of-way, within the city limits. If a PUD fronts or abuts PGA
Boulevard and any portion is within 1.000 feet from the edae of riqht-of-way. then
all parcels within said PUD shall be included in the overlay regardless of property
depth. All non-residential components of a PCD that front or abut PGA Boulevard
shall be included within the boundaries of the PGA Boulevard Corridor Overlay
regardless of the deDth of the parcel.
* * *
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(d) Site development guidelines.
(1 ) District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of PGA Boulevard corridor, and to this end, some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or
lodge*; public park; and theater** (500-seat max).
(ii) Office uses: medical or dental office, clinic or supply sales; optician
or optometrist office; and professional and business office.
Date Prepared: June 7,2006
Ordinance 25,2006
(iii) Personal services that are not wholesale or discount in nature:
banklfinancial institution (drive-thru lanes shall not face PGA
Boulevard); banquet facility*; beauty salon (excluding stand-alone
nail salons): catering service*; commercial marinas (waterfront
only); convenience stores with gas sales and auto service stations
that existed prior to (date of Ordinance 25, 2006Y; day spa; dry
cleaning (- ; pick-up and drop-off only);
photo studio and processing; picture framing; studio* (instructional
or professional); and travel agency.
(iv) Public and institutional facilities: churches and places of worship**;
college or university, public or private**; governmental uses;
hospital, public or private"; post office**; and schools, public or
private**.
(v) Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; self-storase**; and passenger and transit
stations**.
(vi) Residential uses: hotel; multifamily dwelling; and single-family
dwelling.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance andlor electronics store; art gallery,
museum, and/or studio; bakery; bookstore; bridal/formalwear store;
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Date Prepared: June 7,2006
Ordinance 25.2006
camera and photography sales and service; candy, nuts, and
confectionary sales; card store; clothing store; department store
(specialty or full line); drug store {drive-thru lanes shall not face
PGA Boulevard -, p rovided stand-alone drua stores do
not front upon PGA Boulevard; floral or florist shop; furniture store;
gift shop; grocery store (specialty); ice cream shop; interior design
(including sales); houseware sales; jewelry store (including repair of
jewelry and clocks); leather goods and luggage store; music and
musical instrument sales; news and magazine sales; office
equipment sales; optical retail sales; pottery shop; restaurant (no
drive-thru; no exterior take-out windows); shoe store; sporting
goods sales; telecommunication equipment sales (for personal use
only); tobacco shop; toy store; and video and video game rental and
sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall apply to the uses established
above.
*** A convenience store with aas sales or an auto service station that
existed prior to (date of Ordinance 25, 2006) shall be permitted to
expand its size provided the expansion does not result in more than a
1% traffic impact or an expansion of the existing land area of the site.
Further, an auto service station shall be permitted to chanqe its use to
convenience store with qas sales.
2. A use not listed in this section but possessing similar characteristics
thereto may be established upon approval by the growth management
director. Appeals to such determinations shall be made to the
planning, zoning, and appeals board.
3. Prohibited uses shall consist of those prohibited uses in the underlying
zoning district, as well as auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, and outlet
stores; self storage buildinas that directly front won PGA Boulevard;
outdoor self-storaae; stores having a building footprint in excess of
40,000 square feet; single-entity retail establishments, unless otherwise
provided in this division; intense commercial and industrial activities
characteristic of the CG-2 and M-2 districts; mobile home parks; and
drive-in facilities unless as an accessory use to a bank or drua store.
4
Date Prepared: June 7.2006
Ordinance 25,2006
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4. This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in
a use or structure that may otherwise become a legal nonconformity as
a result of the passage of Ordinance 18, 2004, Ordinance 25, 2006, or
any use specifically approved by a development order granted by the
City prior to the effective date of Ordinance 18, 2004 or Ordinance 25,
2006.
* * *
(4) Special front setback requirements.
a. Consistent with subsection (c) herein, all lands w-st of Prosperity Farms Road
having frontage on PGA Boulevard shall be subject to the special front
setback requirements listed below.
1. Structures w andpaved areas for motor vehicles, other than for ingress
and egress, shall not be installed or constructed within 55 feet of the road
right-of-way or future expanded right-of-way, whichever is greater. This
requirement may be varied by the City Council to allow for art in public
places, transit stops, aRE1 pedestrian amenities such as meandering
sidewalks, kiosks, or signage within the setback, and outdoor seating
with or without service for restaurants. Outdoor seatins for restaurants
shall be located north of the public sidewalk on the north side of PGA
Boulevard and south of the public sidewalk on the south side of PGA
Boulevard. At no time shall outdoor seatinq for restaurants encumber the
public sidewalk.
* * *
(e) Rezonings. Every property owner seeking a development order within the PGA
Boulevard corridor overlay shall rezone the property to a PUD or PCD overlay
zoning district. Property owners of existing developments shall undertake this
rezoning at the time a maior amendment frwdh&m of an existing approval,
time extension, or maior site plan amendmentfl is
initiated or after suffering damage in excess of 50 percent of the appraised
value. Uses permitted within the PUD or PCD shall conform with the
comprehensive plan land use category, the underlying zoning district, and any
development order approved by the city council where not in conflict with the
provisions of this overlay.
.. *
5
Date Prepared: June 7,2006
Ordinance 25,2006
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
2
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6 PASSED this day of sW186tf2006, upon first reading.
7 a
9 and final reading.
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PASSED AND ADOPTED this e day of @rcrclw, 2006, upon second
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33 Patricia Snider, CMC, Clerk
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36 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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40 Chxtine P. Tatum, City Attorney
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ABSENT
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G:\attorney-share\ORDlNANCES\pga blvd corridor overlay - ord 25 2006.doc
6
fi 78-193 PALM BEACH GARDENS CODE
Secs. 78-193-78-220. Reserved.
DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY
Sec. 78-221. PGA Boulevard corridor overlay,
(a) Scope. The planning and design regulations established in this division shall apply to all
lands within the PGA Boulevard corridor overlay.
(b) Purpose and intent. The purpose and intent of this division is provided below.
(1) Main Street character. The character, magnitude, aesthetics, and uses to be developed
or redeveloped on PGA Boulevard are of special interest to the city because it is the
city's "Main Street." Accordingly, the purpose and intent of this division is to
implement policies regarding the PGA Boulevard corridor as recognized by the city's
comprehensive plan. Policy 1.1.6.5 of the city's comprehensive plan states that PGA
Boulevard shall be developed using the techniques indicated below.
a. Following completion of the PGA Boulevard/Alternate A1A urban interchange, a
new CRALLS (Constrained Road way at a Lower Level of Service) level of service
standard for PGA Boulevard shall be determined in coordination with the county,
the regional planning council and the state department of transportation, with
the maximum number of lanes being six.
The city shall maintain the PGA design guidelines as regulations which require
utilization of landscaping, boulevard strips, pedestrian walkways, bikeways,
buffers, and setbacks to emphasize the various functions of PGA Boulevard as a
divider of different land uses and as a center of the city.
b.
(2) Planning and design guidelines. The city seeks to encourage the development of
specific commercial retail and office uses along PGA Boulevard because it is the city's
"Main Street." Because the PGA Boulevard corridor acts as a divider between land
uses, it is necessary that the city ensure that adequate buffering is provided along this
corridor in a consistent manner. In recognition of the city's desire to create special
character and aesthetics for this corridor, planning and design guidelines and
particular uses are established for the PGA Boulevard corridor. The planning and
design guidelines are intended to achieve the objectives listed below.
a. Create a special identity for PGA Boulevard through the use of planning and
design standards.
Ensure high quality, architecturally compatible, consistently landscaped devel-
opment along the corridor
Regulate uses within the corridor which will create a specific character and
aesthetic quality for the corridor.
Ensure that new development or redevelopment projects preserve and enhance
the existing visual character of the corridor.
b.
c.
d.
Supp. No. 15 CD78:186
LAND DEVELOPMENT REGULATIONS 9 78-221
e.
(3) Use regulations. The use regulations in this division are intended to create an urban
envhonment that displays the highest quality private and public-sector development.
Further, innovative and alternative provisions which lend a sense of integration and
connection to the properties along the corridor shall be encouraged.
Waivers. The city shall not grant any waiver which permits the establishment of a use
not authorized by this division. The city shall not grant any waiver of intensity which
would allow a theater in excess of 500 seats.
Promote and protect the health, safety and general welfare of the city.
(4)
(c) Applicability and effects.
(1) Applicability.
a. Standards. The standards contained in this division shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to PGA
Boulevard. These standards may apply regardless of whether or not a property is
primarily accessed via PGA Boulevard or where property may not be accessible
via PGA Boulevard.
Existing approvals. While existing development and approvals granted prior to
August 18, 1994, are not required to comply with the standards of this division,
any major amendments to previous approvals, or any redevelopment shall
conform with these regulations.
Affect on nonconformities. Nonconforming buildings, lots, or uses shall be subject
to the provisions of the overlay should they seek any expansion or modification,
or should they suffer damage in excess of 50 percent of their appraised value.
b.
c.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting or
abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from the
edge of right-of-way, within the city limits. If a PUD fronts or abuts PGA Boulevard
and any portion is within 1,000 feet from the edge of right-of-way, then all parcels
within said PUD shall be included in the overlay regardless of property depth. All
non-residential components of a PCD that front or abut PGA Boulevard shall be
included within the boundaries of the PGA Boulevard Corridor Overlay regardless of
the depth of the parcel.
Conflicts. To the extent that any conflicts occur between the standards of the overlay
and this chapter or other regulations, the provisions of the overlay shall prevail.
Additionally, where provisions of this overlay are not in conflict with other regulations,
that which is more strict shall prevail.
(3)
(d) Site development guidelines.
(1) District uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
Supp. No. 20 CD78:187
Q 78-221 PALM BEACH GARDENS CODE
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
Cultural, entertainment, and recreational uses: private club or lodge*;
public park; and theater** (500-seat ma.)
Ofice uses: medical or dental ofice, clinic or supply sales; optician or
optometrist office; and professional and business office.
Personal services that are not wholesale or discount in nature: bank/
financial institution (drive-thru lanes shall not face PGA Boulevard);
banquet facility*; beauty salon (excluding stand-alone nail salons);
catering service*; commercial marinas (waterfront only); convenience
stores with gas sales and auto service stations that existed prior to
(date of Ordinance 25, 2006)***; day spa; dry cleaning (pick-up and
drop-off only); photo studio and processing; picture framing; studio*
(instructional or professional); and travel agency.
Public and institutional facilities: churches and places of worship**;
college or university, public or private**; governmental uses; hospital,
public or private**; post office**; and schools, public or private**.
Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; self-storage**; and passenger and transit stations**.
Residential uses: hotel; multifamily dwelling; and single-family dwell-
ing.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance andor electronics store; art gallery, museum,
andor studio; bakery; bookstore; bridallformalwear store; camera and
photography sales and service; candy, nuts, and confectionary sales;
card store; clothing store; department store (specialty or full line); drug
store (drive-thru lanes shall not face PGA Boulevard, provided stand-
alone drug stores do not front upon PGA Boulevard; floral or florist
shop; furniture store; gift shop; grocery store (specialty); ice cream
shop; interior design (including sales); houseware sales; jewelry store
(including repair of jewelry and clocks); leather goods and luggage
store; music and musical instrument sales; news and magazine sales;
ofice equipment sales; optical retail sales; pottery shop; restaurant (no
drive-thru; no exterior take-out windows); shoe store; sporting goods
sales; telecommunication equipment sales (for personal use only);
tobacco shop; toy store; and video and video game rental and sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Supp. No. 20 CD78:188
LAND DEVELOPMENT REGULATIONS 78-221
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall apply to the uses established
above.
*** A convenience store with gas sales or an auto service station that
existed prior to (date of Ordinance 25, 2006) shall be permitted to
expand its size provided the expansion does not result in more than a
one percent traffic impact or an expansion of the existing land area of
the site. Further, an auto service station shall be permitted to change
its use to convenience store with gas sales.
A use not listed in this section but possessing similar characteristics thereto
may be established upon approval by the growth management director.
Appeals to such determinations shall be made to the planning, zoning and
appeals board.
Prohibited uses shall consist of those prohibited uses in the underlying
zoning district, as well as auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, and outlet stores; self
storage buildings that directly front upon PGA Boulevard; outdoor self-
storage; stores having a building footprint in excess of 40,000 square feet;
single-entity retail establishments, unless otherwise provided in this divi-
sion; intense commercial and industrial activities characteristic of the CG-2
and M-2 districts; mobile home parks; and drive-in facilities unless as an
accessory use to a bank or drug store.
This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in a use
or structure that may otherwise become a legal nonconformity as a result of
the passage of Ordinance 18, 2004, Ordinance 25, 2006, or any use
specifically approved by a development order granted by the City prior to
the effective date of Ordinance 18, 2004 or Ordinance 25, 2006.
Single-entity retail users. Single-entity retail users may be permitted in the PGA
Boulevard corridor overlay, subject to the requirements of this division and the
additional requirements listed below.
1. The building within which the single-entity retail use is proposed to be
located, and the exact nature of the use, shall be approved by the city
council.
If located within a larger development, the single-entity retail building shall
be integrated into the overall site plan for the parcel and shall be designed
and constructed in a manner that reflects the same architectural style, color,
materials, and treatments of the other buildings within the parcel.
If planned, located, and approved as a freestanding building on a separate
parcel, a single entity retail building shall be designed in a manner that is
consistent with the following standards:
(i) The building shall be designed to appear as a structure containing
multiple tenants or users;
2.
3.
4.
c.
2.
3.
Supp. No. 20 CD78:189
3 78-221 PALM BEACH GARDENS CODE
The design is compatible with the objectives of the PGA Boulevard
corridor overlay;
The design is consistent with the architectural style of adjacent
buildings;
The design enhances the appearance of the entire PGA Boulevard
comdor;
The design provides great visual interest through such techniques as
multiple roof lines, architectural details, use of pedestrian amenities,
use of exterior facade treatments, and similar elements which avoid
the creation of monolithic structures;
The design of the structure provides open space, landscaping, and
similar amenities of a nature and extent that greatly exceeds the
requirements of this chapter; and
(vii) The design provides architectural treatments on all sides of a struc-
ture, and screens or buffers all facilities such as loading zones,
mechanical equipment, and trash and garbage containers.
4. The building within which the single-entity retail use is located shall not
have a building footprint in excess of 40,000 square feet.
If located within a larger development, a single-entity retail building shall,
at a minimum, share the following elements with all other buildings located
within the same development:
(i)
5.
Common adherence to all conditions of development approval adopted
by the city;
(ii) Shared use of common areas;
(iii) Shared use of pedestrian and vehicular circulation facilities;
(iv) Shared use of all parking facilities and cross access with all vehicular
use areas; and
Shared maintenance responsibilities for all common areas.
Site development. Site development regulations shall incorporate design criteria
required by section 78-48 of this chapter to enhance and protect the health, safety
and general welfare of the city.
Nonresidential development. Nonresidential development shall blend into the
landscape, deferring to open spaces, existing natural features and vegetation.
Commercial strip development discouraged. Minimum lot sizes and limited
access drives shall be used to reduce the potential for commercial strip develop-
ment. Neighboring properties are encouraged to link their parking lots together
and to share common driveways.
Pedestrian amenities. Uses shall contribute to pedestrian-friendly focal spaces
through the provision of well-designed walking paths, pedestrian spaces with
(v)
d.
e.
f.
g.
Supp. No. 20 CD78:190
LAND DEVELOPMENT REGULATIONS 5 78-221
furnishings, public art, generous plantings, marked crosswalks, and vehicular
parking and circulation areas clearly separated from such pedestrian amenities.
Special regulations. The city comprehensive plan, including policies 1.1.5.1-1.1.5A,
establish special regulations to guide the growth, development and redevelopment of
the city. These regulations, pertaining to minimum size, gross density, and rezoning
requirements, apply to properties within the PGA Boulevard corridor overlay. Devel-
opment shall only be permitted within the overlay consistent with the objectives and
policies of the comprehensive plan.
Parkway. The portion of PGA Boulevard located between Central Boulevard and the
Beeline Highway has been designated a parkway in the comprehensive plan and on
the future land use map. The PGA Boulevard parkway shall have a minimum
right-of-wayleasement requirement of 400 feet. "his right-of-wayleasement shall be
reserved by the abutting landowner or dedicated to the city within the overlay district.
Within this right-of-wayleasement sidewalks and pathways shall be provided. These
pedestrian and bike facilities shall be provided as components of the city's linkage
plan, as described in section 78-231.
Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity Farms Road
having frontage on PGA Boulevard shall be subject to the special front setback
requirements listed below.
1. Structures and paved areas for motor vehicles, other than for ingress and
egress, shall not be installed or constructed within 55 feet of the road
right-of-way or future expanded right-of-way, whichever is greater. This
requirement may be varied by the city council to allow for art in public
places, transit stops, pedestrian amenities such as meandering sidewalks,
kiosks, or signage within the setback, and outdoor seating with or without
service for restaurants. Outdoor seating for restaurants shall be located
north of the public sidewalk on the north side of PGA Boulevard and south
of the public sidewalk on the south side of PGA Boulevard. At no time shall
outdoor seating for restaurants encumber the public sidewalk.
The entire area within the required front setback shall be fully grassed and
landscaped consistent with the requirements of division 7 of article V.
Within the 400-foot parkway portion of the corridor, if a greenbelt area at
least 55 feet in width is provided, the 55-foot special setback shall not apply.
2.
3.
(e) Rezonings. Every property owner seeking a development order within the PGA Boule-
vard corridor overlay shall rezone the property to a PUD or PCD overlay zoning district.
Property owners of existing developments shall undertake this rezoning at the time a major
amendment of an existing approval, time extension, or major site plan amendment is initiated
or after suffering damage in excess of 50 percent of the appraised value. Uses permitted within 0
Supp. No. 20 CD78:190.1
5 78-221 PALM BEACH GARDENS CODE
the PUD or PCD shall conform with the comprehensive plan land use category, the underlying
zoning district, and any development order approved by the city council where not in conflict
with the provisions of this overlay.
(f) Boulevard landscape theme and parkway guidelines.
(1) Tree preservation.
a. Vegetation preservation. In an effort to preserve expansive open spaces and
native vegetative coinmunities, development shall be clustered to preserve large
areas of open space and the existing natural vegetation shall be preserved
whenever possible, except invasive exotic plant species.
b. Infrastructure design. Infrastructure design shall integrate existing trees,
understory vegetation, and the natural character of the land. During construc-
tion, existing natural vegetation shall be protected by the developer's implemen-
tation of best management practices consistent with divisions 4 and 7 of article V.
Drainage or elevation changes occurring during infrastructure installation shall
not adversely impact tree preservation. The greenbelt of the PGA Boulevard
corridor can be a relocation site for trees and other plants being moved from
adjacent development. After construction, emphasis shall be placed on the
replacement of dead and unhealthy trees and plants to ensure in perpetuity that
a substantial tree canopy remains.
Tree credits. Trees which have been preserved within the PGA Boulevard corridor
shall not be credited toward meeting the city's environmental preservation
requirements unless approved for credit by the growth management director,
consistent with the standards of section 78-250. Retention and detention drain-
age and stormwater control facilities shall not be located within the landscape/
buffer areas of the PGA Boulevard corridor. Existing natural vegetation shall be
maintained or managed with the same standards set for new landscaping. The
requirement of 100 percent irrigation may be waived by the city council within
large clusters or stands of natural vegetation where it can be demonstrated that
such coverage is not necessary. There shall be no construction within native
vegetation areas without the city's express approval.
c.
(g) Landscaping theme
Installation and maintenance. Landscaping shall be installed and maintained consis-
tent with division 7 of article V and the general guidelines in the city's "Landscape
Work Manual."
Materials. Landscaping within the greenbelt shall be free form design using the
following plant list: live oak, slash pine, saw palmetto, wax myrtle, sabal palm,
common grasses, and other materials approved by the department.
Design. Free form design means new trees and shrubs should duplicate natural
patterns with multiple plant sizes, spacing, plant clusters, and single plantings. Grass
shall be planted in all open areas. Mulch shall be used around all trees and plants. The
Supp. No. 20 CD78:190.2
LAND DEVELOPMENT REGULATIONS 9 78-221
greenbelt shall have undulating berms, located generally along rights-of-way. Win-
dows or voids in the landscaping, if not in excess of 60 feet, are acceptable for scenic
views of lakes, art in public places, or signage. Nonmountable curbs shall be used to
ensure the installation and preservation of landscape materials by separating land-
scape materials from roads or vehicular circulation areas.
Materials and installation. All trees, plants and any other associated landscape or
outdoor material shall be of Florida No. 1, or better, as classified by the Florida
Department of Agriculture and Consumer Services. All new landscaping shall be 100
percent irrigated. The water source for irrigation shall be approved by the city prior to
installation. All backflow preventers, electrical boxes, lift stations and any other utility
(4)
Supp. No. 20 CD78: 190.3
LAND DEVELOPMENT 5 78-221
(5)
(6)
(7)
structure shall be screened with landscaping. Intersections, entrances, and building
frontage can be enhanced with additional landscaping not listed in this subsection
with site plan approval.
Pathways and sidewalks. Multiuse pathways and sidewalks shall meander around
vegetation and berms throughout the greenbelt. However, sidewalks shall be setback
at least ten feet from the exterior edge of curbing or paving, as determined by the
growth management director. Nature trails may connect to the sidewalks. Pathways
shall be illuminated pursuant to specifications approved during site plan approval. All
landscaping, irrigation, berms, sidewalks, and lighting within road rights-of-way shall
be approved by the appropriate jurisdiction.
Maintenance. The responsibility for and cost of maintenance of the greenbelt,
including right-of-way and medians, and buffer areas, shall be the responsibility of the
fronting property owner unless otherwise determined prior to site plan approval.
Corridor landscaping theme. The conceptual landscaping theme is illustrated in
Figure 2. Additional intersectiodentrance landscaping, which is required consistent
with division 7 of article V, also shall be installed.
(8) Berms. Berming and mounding of the site shall utilize long and gentle slopes. As a
rule, the higher the berm, the gentler the slope shall be. Berms five feet or less in
height shall have a maximum slope of 2:1. Berms greater that five feet in height shall
not exceed 3:l in slope.
Supp. No. 10 CD78: 191
0 78221 PALM BEACH GARDENS CODE
(9) Fences and walls. Fences and walls shall not be visible from any public rights-of-way.
All fences and walls shall be screened with vegetation from public view.
(10) Buffer areas between uses. Buffers shall be provided between uses consistent with
requirements of this chapter. Natural vegetation and environmentally sensitive
preserve areas, where appropriate, are encouraged to be utilized as buffers between
uses.
(11) Parkway and boulevard greenbelt.
a. Vegetation protection. Within parkway rights-of-way or easements, preservation
of all significant vegetation, wetlands, and wildlife habitat shall be encouraged.
The parkway rights-of-way or easements shall serve the functions noted below.
1.
2.
3.
4.
Design concepts. Consistent with comprehensive plan policy 1.1.6.5 and the
comdor concept, a boulevard greenbelt including median landscaping shall be
provided to produce the feeling of masses of trees forming green arbors inter-
rupted by occasional views to open spaces and environmentally sensitive lands.
As a general design principle, the density of vegetation should increase with the
density of development. Priority should be given to retaining existing natural
resources and mature trees.
Perimeter landscaping. Landscaping along the parcel perimeter and major road
edges shall be installed consistent with the provisions of division 7 of article V.
Interruptions in perimeter landscaping shall be permitted only by access drive
ways and pathways. Structures or parking areas are not to be located in this
landscape area.
Pedestrian and bicycle facilities. Pedestrian and bicycle facilities shall be located
throughout the comdor and, wherever possible, shall be located within the
boulevard greenbelt.
Median landscaping. Mehan landscaping shall be provided to continue and
enhance the aesthetics and character of the comdor. Median landscaping shall
meet the requirements listed below.
1.
Preservation of significant native ecological communities.
Location of bicycle and pedestrian circulation paths.
Mitigation areas for natural areas disturbed elsewhere.
Buffering of adjacent land uses and developments.
b.
c.
d.
e.
Landscape design, materials and plants shall meet the specifications of
division 7 of article V and approval of the department. The use of flowering
trees, that are consistent with the overall corridor landscaping theme, is
encouraged.
2. Landscaped areas shall be regularly maintained in a neat, orderly and
healthy appearance consistent with section 78-329.
Supp. No. 10 CD78: 192
LAND DEVELOPMENT 9 78-221
f. Prohibited elements. The following elements are prohibited within the boulevard
greenbelt: chain-link fences in public view, unfinished concrete or concrete
masonry walls excluding architectural concrete, dumpsters, trash receptacles
excluding city-approved street furniture, artificial plants or turf, decorative or
commercial display objects, visible neon, elements with highly reflective or bright
colored surfaces and other objects which are frivolous, distracting or not in
harmony with the overlay landscape and design goals.
Il).ansit stops. Tfansit stops, where applicable, shall be provided by the property
owner within the boulevard greenbelt. These transit stops shall provide a
144foot taper in and out of the travel lane, on either side of a 12-foot by 50-foot
transit vehicle stall. Transit stops shall include accessory structures such as
kiosks, sheltered benches or other features.
Facilities. Facilities for bicycles and pedestrians shall be provided along and
within the comdor. These facilities shall be designed consistent with the
standards adopted by the American Association of State Highway and Transpor-
tation Officials or other applicable agency.
Parkway pathway. Within the parkway, a continuous, interconnected pathway at
least 12 feet wide subject to the following:
1.
2.
3.
g.
(32) Pedestrian and bicycle facilities.
a.
b.
the overall intent to maintain existing native vegetation
the overall intent to re-establish native vegetation;
to allow pathways to meander within the required 55 feet corridor area,
provided the pathways are located at least ten feet from the edge of curbing
or pavement, as determined by the growth management director;
to generally maintain a pathway located as far as possible from vehicular
traffic; and
to allow installation of amenities such as benches, fountains, and arbors
which enhance the pathway. This requirement shall be applied to adjacent
properties not located with the parkway, as permitted by right-of-way and
easement widths, to allow extension of the pathways.
Shade trees. The pathway shall be landscaped with shade trees to provide a
continuous canopy. These shade trees shall be supplemented with ground cover to
provide visual and physical buffers between traffk and pedestrians.
Street furniture. A bench or resting place shall be provided every 800 feet along
the pathway. Every mile, further amenities such as drinking fountains, benches
and shelters or kiosks shall be provided and are encouraged to be supplemented
with small open spaces.
4.
5.
c.
d.
(h) Building design guidelines.
(1) General design.
a. General design. Buildmgs shall be designed to be compatible with the surround-
ing environment, both manmade and natural. A building shall provide a positive
impact on the surrounding environment.
Supp. No. 10 CD78: 193
5 78-221 PALM BEACH GARDENS CODE
b. Visible facades. All building facades visible hm public rights-of-way and
adjacent properties shall be designed to create a harmonious effect with its
surroundings. This should not be construed as creating look-alike buildings.
Harmony shall be achieved through the proper use of scale, proportions, form,
materials, texture, and color.
Unity of character and design. Buildings or structures which are part of an
existing or future complex shall have a unity of character and design.
Design character. The design character of buildings shall be such that it is
aesthetically pleasing and without cluttered forms having no apparent system of
organization.
Building materials and color. Building materials and color selection shall achieve
visual order through the consistent use of compatible color palettes.
Building elevations. All building elevations shall be treated equally as if all sides
were the front of the building. This requirement includes but is not limited to
architectural elements, facade treatment, and landscaping.
c.
d.
e.
f.
Identical buildings. Buildings and structures which, in the opinion of the city council,
are identical or similar in design shall not be permitted. This does not prohibit the
duplication of floor plans and exterior treatments in a planned unit or planned
community development where identical buildings can be used to create an aestheti-
cally pleasing environment. The intent is to prevent the same building form and
elevation repeated from one development to another and to encourage diverse
architectural expressions along the PGA Boulevard corridor.
Trademark forms and colors. Buildings and structures which use trademark or
symbolic forms and colors and which have a negative impact on the visual environment
of the area, as determined by the city council, shall not be permitted.
Architectural detail. Architectural design shall prohibit large expanses of blank walls
with limited or no windows or architectural embehshments.
Roof overhangs. Unless specifically designed othenvise, roof overhangs including
mansard roof overhangs shall wrap around the building so that there is visual
continuity around the entire building.
Mechanical equipment screening. The lughest portion of mechanical equipment, such
as backflow preventers, meters and valves for public utilities operations, satellite
antennas, heating and ventilating, air-conhtioning, or other utiljty hardware on roofs,
ground, or buildings shall be installed at or below the lowest elevation or level of
screening materials. Materials used for screening purposes shall be compatible with
the arclutectural style, color, and materials of the principal building. This equipment
shall be located so as not to be visible from any street or adjoining property. Landscape
screening must include a dense planting or earth berming or both, as established in
sections 78-313 and 78-314.
Supp. No. 10 CD78:194
Date Prepared: August 21,2007
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ORDINANCE 29,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
OF ORDINANCES, ENTITLED “PGA BOULEVARD CORRIDOR
OVERLAY” TO CLARIFY WHICH USES ARE PROHIBITED WITHIN
THE OVERLAY; PROVIDING FOR CODIFICATION; AND PROVIDING
AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA AMENDING SECTION 78-221, CODE
WHEREAS, the City Council adopted Chapter 78, “Land Development
Regulations” of the City Code of Ordinances, which includes Section 78-221, entitled
“PGA Boulevard Conidor Overlay,” with the adoption of Ordinance 17,2000; and
WHEREAS, PGA Boulevard is defined as the City‘s “Main Streer in Policy 1 .I .6.5
of the City‘s Comprehensive Plan and therefore is of special interest and concern to the
City; and
WHEREAS, Section 78-221, as originally adopted and subsequently amended,
provides for the regulation of uses within the overlay and the boundaries thereof; and
WHEREAS, the City Council has determined that it is necessary to amend Section
78-221 to provide for revisions to the list of permitted and prohibited uses within the
overlay; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-07-
08-000017) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on September
1 1 , 2007, which recommended its by a vote of ; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-221 , entitled “PGA Boulevard Corridor Overlay“ of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows (deleted language is ; new language is underlined):
1
Date Prepared: August 21,2006
Ordinance 29,2007
Sec. 78-221. PGA Boulevard Corridor Overlay.
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(a) to all lands within the PGA Boulevard corridor overlay.
Scope. The planning and design regulations established in this division shall apply
* * *
(d) Site developmenf guidelines.
(1) District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end, some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below
1. Permitted uses shall consist of the following:
(i) CuRural, enferfainmenf, and recreational uses: private club or
lodge*; public park; and theater"* (500-seat max.)
(ii) Office uses: medical or dental ofice, clinic or supply sales; optician
or optometrist office; and professional and business Office.
(iii) Personal services that are not wholesale or discount in nature:
banWfrnancial institution (drive-thru lanes shall not face PGA
Boulevard); banquet facility*; beauty salon (excluding stand-alone
nail salons); catering service*; commercial marinas (waterfront
only); convenience stores with gas sales and auto service stations
that existed prior to September 20, 2006 @akc cf
2006jm; day spa; dry cleaning, pick-up and dropd only); photo
studio and processing; picture framing; studio* (instructional or
professional); and travel agency.
(iv) Public and institutional faciiites: churches and places of worship";
college or university, public or private"; governmental uses;
hospital, public or private"; post office"; and schools, public or
private".
(v) Research and light industrial uses: laboratory" (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; self-storage"; and passenger and transit
stations".
2
Date Prepared:August 21,2006
Ordinance 29,2007
1 (vi) Residential uses: hotel; multifamily dwelling; and single-family
02 dwelling.
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4 (vii) Specialty retail uses that are not wholesale or discount in nature:
5 antique shop; appliance and/or electronics store; art gallery,
6 museum, and/or studio; bakery; bookstore; bridal/formalwear store;
7 camera and photography sales and service; candy, nuts, and
8 confectionary sales; card store; clothing store; department store
9 (specialty or full line); drug store (drive-thru lanes shall not face
10 PGA Boulevard, provided stand-alone drug stores do not front upon
11 PGA Boulevardj; floral or florist shop; furniture store; gift shop;
12 grocery store (specialty); ice cream shop; interior design (including
13 sales); houseware sales; jewelry store (including repair of jewelry
14 and docks); leather goods and luggage store; music and musical
15 instrument sales; news and magazine sales; office equipment
16 sales; optical retail sales; pottery shop; restaurant (no drive-thru; no
17 exterior take-out windows); shoe store; sporting goods sales;
18 telecommunication equipment sales (for personal use only);
19 tobacco shop; toy store; and video and video game rental and
20 sales.
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22 *Minor Conditional Use approval required.
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Major Conditional Use approval required.
26 Note: The conditional use criteria and additional standards for specific
27 uses established in this Chapter shall apply to the uses established
28 above.
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30 *** A convenience store with gas sales or an auto service station that
31 existed prior to September 20, 2006, shall
32 be permitted to expand its size provided the expansion does not result in
33 more than a one percent traffic impact or an expansion of the existing
34 land area of the site. Further, an auto service station shall be permitted
35 to change its use to convenience store with gas sales.
36
37 2. A use not listed in this—section paragraph 1 but possessing similar
38 characteristics as defined in Section 78-159 (f) thereto may be
39 established upon approval by the growth management director. Appeals
40 to such determinations shall be made to the planning, zoning,_,_and
41 appeals board.
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43 3. The following uses are prohibited:
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45 (i) Anv use not listed as a permitted use, minor conditional use, or
major conditional use in (1) above.
3
Date Prepared:August 21,2006
Ordinance 29,2007
1 (ii) Any use not recognized as a similar use as provided in (2) above.
2
3 (iii) Any use not listed as a permitted use, minor conditional use, or
4 major conditional use in the underlying zoning district.
5
6 (iv) By example, but without limitation, any of the following uses:
7 • - - = - --- - - -- e -- = - - - -- ---- -8 _ . _ _ e'.-: _ _ , , -_ _ _- auto, recreational vehicle,
9 truck, and similar vehicle sales, storage, and repair, wholesale,
10 discount, and outlet stores; self storage buildings that directly front
11 upon PGA Boulevard; outdoor self-storage; stores having a building
12 footprint in excess of 40,000 square feet; single-entity retail
13 establishments, unless otherwise provided in this division; intense
14 commercial and industrial activities characteristic of the CG-2 and
15 M-2 districts; mobile home parks; and drive-in facilities unless as an
16 accessory use to a bank or drug store,. night clubs, bars and
17 lounges as defined in Section 78-751.,
18
19 4. This section shall not be construed or held to affect the rights of (1) any
20 existing established business, its successors, or assigns, to continue in a
21 use or structure that may otherwise become a legal nonconformity as a
22 result of the passage of Ordinance 18, 2004, Ordinance 25, 2006, or
23 Ordinance 27, 2007 or (2) any use specifically approved by a
MRp development order granted by the City prior to the effective date of
5 Ordinance 18, 2004 or Ordinance 25, 2006 or Ordinance 27, 2007.
26
27 •
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29 SECTION 3. Codification of this Ordinance is hereby authorized and directed.
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31 SECTION 4. This Ordinance shall become effective immediately upon adoption.
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406
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Date Prepared:August 21,2006
Ordinance 29,2007
1 PASSED this day of , 2007, upon first reading.
02
3 PASSED AND ADOPTED this day of , 2007, upon second
4 and final reading.
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7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
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9 BY:
10 Joseph R. Russo, Mayor
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13 David Levy, Vice Mayor
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16 Eric Jablin, Councilmember
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19 Hal R. Valeche, Councilmember
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22 Jody Barnett, Councilmember
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414 ATTEST:
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27 BY:
28 Patricia Snider, CMC, City Clerk
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30 APPROVED AS TO FORM AND
31 LEGAL SUFFICIENCY
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34 BY:
35 Christine P. Tatum, City Attorney
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•46 G:\attorney_share\ORDINANCES1pga blvd corridor overlay-ord 29 2007.doc
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HISTORICAL BACKGROUND
o"1986: Annexation & Bridge Center
approval
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2000: Fathoms Restaurant & Art
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•2005: Seasons 52 Restaurant & Art _ J
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➢ New Ownership - Seasons 52 recently purchased building . Daytime
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2. Eliminate Condition 13 of Resolution 88, 2005
➢ Prohibits entertainment, music, or loud speakers outside and requires
doors and windows to be closed when such activities occur inside
➢ Seasons 52 proven to be a "good neighbor" over last 2 years and is
requesting to provide subdued music for their outdoor patrons
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SITE AREA: 2.9 ACRES
LAND USE: COMMERCIAL r°` 1
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ZONING: PUD (CG1)
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USE: RESTAURANT & OFFICE R
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SIZE: 20,591 SF
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r - rical Information
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o RAB Agenda Item: Several Meetin s
▪ DRC Meeting
o Grant Funding Workshops
o Public Workshop with PZAB Tonight
Local Neighborhood Parkii
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Pole Luminaires `/\r/0�J
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i 62 90' "3' 93' 1500w MZ II 11 0 MUSws
3 — 62 90' - 90' 15pOW MZ It 11 0
5 53.87 90' ' 90 1500W MZ 10 10 o GREEN GENERATION LIGHTING'
• -
9 _ —TOTALS 94 84 0
urn, 25 .+ 2a �� 2s-2< 2, - t + •' GUARANTEED PERFORMANCE
• 30 24 36 34 20 33 37 25 22 30 311 24 2s 36 2, 34 23 24 A, A4 34 41 q0 30 ILLUMINATION SUMMARY
•a+ as 36 30 AO p0 30 27 Ss a, Sa 2r 26 29 32 34 36 93 q3 13 p7 A, Po :94 Soccer
59 lr6 n 30 31 20 27 34 3, 34 20 2 37 36 34 24 34 X 30 X A+ 20 28 4 ?'I Si PGA National Park
I6 A X ar 3a a7 3+ 75 34 74 35 2. 35 35 27 24 37 a3 34 24 35 97 at as a Palm Beach Gardens,FL
33 20 35 35 32 20 34 71 35 34 24 3 33 24 36 27 35 90 3s 34 38 34 3r 33 ;44
SOCC I
Size,487'x 613'
•39 30 34 Je 32 31 25 2. 35 33 22 2 32 25 35 27 30 24 34 35 3. 20 36 72 A 'Grid Spacing=20.0'x 20.0'
-33 30 25 25 29 31 34 35 26 24 3s 2 22 23 25 2. 30 34 37 20 AO 01 25 34 p Values 02444 at 3.0'above grade
n 21 34 24 35 34 33 3' ], 2a I4 AT 33 3, 24 2r 20 24 24 AO px AR 29 3a a I Luminaire Type' Crean Generation
20 JO 35 34 36 J5 as N 30 36 14 2 34 33 34 31 2+ a4 3e AO 02 q4 21 29 if •Rated Lamp Lite', 5000 hours
Avg Lumens/Lamp: 134,000
58 14203,3 20 20 37 36 25 34 .70 7 35 3 34 25 3T 20 32 25 24 32 3l 32 26 32 S2 CONSTANT ILLUMINATION
ar ]3 35 37 34 a3 37 30 3a 20 25 34 24 35 27 2. 31 24 34 39 36 3r a 23 .A HORIZONTAL FOOTCANDLES
A 3, 37 35 34 3, 3a 2, X 24 24 2, 22 35 36 22 34 J2 34 34 as 35 34 24 X Entire God
No.of Target Points: 703
34 71 31 27 a3 31 30 37 35 24 3O 2 73 74 35 73 Za Jz 34 24 24 35 24 4 .A Average: 30.8
Maximum: 45
25 31 20 37 a4 93 31 3. 37 Y 29 3 Sr A 34 30 2e 79 34 26 35 74 23 20 a Minimum: 21
24 27 34 37 35 34 34 31 23 21 34 25 37 23 33 35 37 30 34 26 35 33 31 33 34 Avg/Min: 1.48
Max/Min: 2.17
3B 30 Je 35 34 Sx Sx Sa Sr Ss 30 3' 22 23 03 23 37 39 83 Js Js y 33 35 •� UG(Adjacent P18): 1,46
CV: 0.19
9.7 7,, 35 34 3, 20 25 20 34 33 34 31 2 72 2B 24 25 35 20 27 35 35 33 24 7a— Og�� 53
Average Lamp Tilt Factor: 0.887
30 32 30 A 24 a4 2e A 35 A X 3 27 R 73 24 20 24 X 34 Js 24 35 31 . Number of Luminaires: 94
Avg KW over 5000 hours: 147.02
34 as 3^ „ „ „ 34 24 s- a • — a „ „ a " ,. -z Max KIN: 159.8
34 35 34 33 22 3, 35 27 X F 32 35 32 3, 32 74 34 48 f
3, 3a As 34 22 3+ 21 3. 24 F 33 25 27 30 32 35 Js a1 .1 Guaranteed Performance:The CONSTANT
., 3r 20 26 34 23 33 24 24 35 34 3s 26 A X 24 .' n r ILLUMINATION described above is guaranteed for the rated
life of the lamp.
22 32 36 24 37 76 3s 33 38 38 25 32 2r 30 22 34 24 31 s
Field Measurements:Averages shall be-4-10%in
35 as 34 3, 36 35 36 36 24 3e 2s 2a 2a 24 22 3s JO 34 , accordance with IESNA RP-6.01 and CIESE LG4. Individual
27 Sr 72 34 24 ar 34 26 ], a, 2+ X 2 36 a X 3+ s+ measurements may vary from computer predictions.
27 37 20 25 20 as 30 30 27 24 37 2. 26 30 211 2r 2. 35 1 Electrical System Requirements:Refer to Amperage
Draw Chart and/or the"Masco Control System Summary"
34 37 Al Ja 30 34 .14 35 25 34 23 911 a4 31 33 36 2. 23 for electrical sizing.
24 34 92 32 72 p, 71 94 35 2? 21 38 32 26 09 00 05 24 .4 Installation Requirements:Results assume+/-3%
nominal voltage at line side of the ballast and structures
35 21 qs .42 2r 27 90 34 AO 20 29 34 a6 27 Az A4 3e located within 3 feet(1m)of design locations.
20 26 Olt 34 JO >D 33 33 2i.g.10 33 20 31 2e 30 $p 34 .t
By Mac Dhooge
56 --* S5 S4 File#.129199111 Date:05-Aug-07
SCALE IN FEET 1:100 loy 804' 483 Pole locations)+dimensions are.elanve
onNINEW I In 0,0 447828440 points) 0 Not to be reproduced in whole or part without the written
o' 106 200' consent of Musco Lighting.021981,2007 Masco Lighting
Print Dale ins/Aug/2007)6 Time(15,13)
EQUIPMENT LIST FOR AREAS SHOWN
Pale Luminaires r\/'1/'1/^\
QIY LOCATION SIZE elt5OE MOIINIIV° LAMP 1 QTYI THIS OTHER �`J][\..J�V]�J)
FLEVdTON NFNLNr TYPF_ I POLE ORD 09878_
1 Si 90 3' 93' 1500W MZ i 11 11 0
3 92 90' - 90' 1500W MZ 11 11 0 McOa
98.59
3 S3-S7 90' - 90' 1500W MZ 10 10 0 , GREEN GENERATION LIGHi1H6'N
9 , -TOTALS - 94 94 0
T
X03 GUARANTEED PERFORMANCE
°C" ILLUMINATION SUMMARY
,!"4
Soccer Spill
c.os PGA National Park
p.es Palm Beach Gardens,FL
'f'N Soccer Spill
bas •God Spacing=30.0'
I •Values given at 3.0'above grade
Off'
•Luminaire Type: Green Generation
�'07 I •
•Rated Lamp Life: 500D hours f'Art 59/ Si Avg Lumens/Lamp: 134.000
CONSTANT ILLUMINATION
HORIZONTAL FOOTCANDLES
y.a7
Entire Grid
f.N. No.of Target Points: 33
II.m Average: 0.045
Maximum: 0.07
P.0s 8 52 Minimum: 0.01
bah Average Lamp Tilt Factor 0.987
Number of Luminaires: 94
pas Avg KW over 5000 hours: 147,02
Max KW: 159.8
113,35 4
57 53 Guaranteed Performance:The CONSTANT
i1.05 ILLUMINATION described above is guaranteed for the rated
Pas life of the lamp.
Field Measurements:Averages shall be+1-10%in
accordance with IESNA RP-6-01 and ClOSE LG4, Individual
1`14 measurements may vary from computer predictions.
p.Qa Electrical System Requirements:Refer to Amperage
i Draw Chart and/or the"Musco Control System Summary"
'p.Q.)
for electrical sizing.
e°2 Installation Requirements:Results assume+1-3%
'102 nominal voltage at line side of the ballast and structures
located within 3 feet(1 m)of design locations.
Om
Pay
S6 S5 S4
Sy:Mac Dhooge
SCALE IN FEET 1:150 File#:12819SR1 Date:09-Aug-07
Pole location(s)+dimensions are relative
to 0,0 reference point(s) ® Not to be reproduced in whole or part without the written
a• 150' 300 consent of Musco Lighting.®1981,2007 Musco Lighting
Print Date(097Aug/2007)8 Time(15:13)
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Planning, Zoning, and Appeals Board
PPUD 07-05-000014
September 11, 2007
Gander Mountain PUD
PUD and Rezoning
Proposed Site Plan / Aerial
Summary
Major Conditional Use to allow a 120,000 s.f.retail building on 13.18
acres
Gander Mountain is an Outdoor Sporting Goods retailer
Includes all-terrain vehicle and watercraft sales (indoor/enclosed)
Prohibited in CG1
Staff recommendation is dependent on the approval of the
companion text amendment
Includes sale of firearms,identified as sporting goods
8 waivers are requested (1 additional not included in staff report)
Staff supports 4 waiver requests,regarding intersection alignment,
timing of plat approval and signage
Staff recommends denial of 4 waiver requests,all regarding
signage
The Planning,Zoning and Appeals Board has reviewed the subject
petition and companion text amendment at a public workshop on June
26,2007.
Landscaping:Surplus open space and landscape points
Encroachments:Illegal structures that do not meet setbacks and
must be removed
Fences:three separate instances
Utilities:two known providers encroach onto the property
Staff added condition #25 to remove both types of encroachment
prior to issuance of first clearing permit
Lake Maintenance Easement:Proposing landscaping in LME,
however,will provide a 12-foot wide accessible tracts for access
purposes
Access Drive for Sandtree Professional Office:Ordinance 19,1984
requires the developer of the Sandtree Professional Office PUD to find
an alternative vehicular access through contiguous lands and the
present entrance from Sandtree Drive shall be closed.The applicant
has provided an access drive that is heavily landscaped and set apart
from the parking circulation of the Gander Mountain retail building.
Major Issues
Encroachments
Sandtree residential development homeowner concerns
Nuisances:Eight-foot high wall and ten to fifteen foot wide buffer
Existing traffic to Sandtree Office:vehicular access is provided
through the site to accommodate the Sandtree Office PUD
condition to alleviate traffic within residential neighborhood
Sandtree rear yards:Applicant has set the buffer wall back from
the property line and has landscaped both sides
Drainage:Discharge of on-site lake and dry retention area to an
existing outfall control structure on Northlake Commons Shopping
Center,ultimately traveling to C-17 canal.
CPTED compliance:Applicant will comply will several conditions of
approval emphasizing CPTED principle recommended by the Police
Department.
Major Issues
Loading area:Staff recommends removal of the secondary loading
area along the Sandtree Professional Office access drive on the east
side of the building.It creates unsafe circulation pattern as the
entrance and exit to the loading zone is located near a wide turn
around the southeast corner of the building.Staff also contends all
loading zone should be within the larger docking area,which is heavily
landscaped from view.
ATV and watercraft sales:Dependent on approval of the text
amendment.As indicated in the text amendment,the sales of ATVs and
watercraft will be completely enclosed and not visible from the
outside.It must be ancillary to the primary use.The applicant is
proposing the location of the watercraft sales to be located on the
northwest corner of the building,farthest away from residential
property
Major Issues
Signage and architecture:The applicant is requesting several waivers
to signage,which they contend is compatible with the architecture and
in scale with the building envelope.
LEED building:Staff commends the applicant in their effort to build a
LEED certified building in the City.In staff’s opinion,the commitment
to pursue the LEED certification is an appreciated step forward for
environmentally-conscious construction.
Major Issues
Waivers Requests
Section 78-508,Intersections
Require a 150 foot separation or alignment of new intersections.
Applicant is providing 30 feet
Applicant is confined by irregular lot configuration
Staff recommends approval of waiver request
Section 78-285,Table 4,Principal tenant signage,number
Code allows 1 principal tenant sign,36”letter height
Applicant is proposing 4 principal tenant signs (one at eight-foot
letter height,or 260%of the maximum letter height allowed and
three at six-foot letter height,or 200%of the maximum letter height
allowed)and will be located on each side of the building)
Staff recommends denial of the waiver as proposed.Staff would
support two signs at a lower letter height.The support is specific to
the sign proposed on the front (north)elevation and the elevation
fronting I-95 (west)with 36”letter height.
Waiver Requests
Section 78-285,Table 4,Principal tenant signs,signage area
Code allows 90 s.f.maximum signage area
Applicant is proposing one sign at 240 s.f.(front elevation)and
three at 135 s.f
Staff recommends denial of waiver as proposed.Staff would
support a waiver to the 90 s.f for two principal tenant signs
(separate waiver)at a more reasonable size (staff notes:135 s.f is a
50%increase over the maximum allowed and 240 s.f.is a 160%
increase over code requirement)
Section 78-285,Table 4,tagline signage
Code does not specifically address tagline signage,such as
“hunting,fishing,etc”
Applicant is proposing 11 taglines (1’6”letter height),indicating
the type of products sold on the front elevation
Staff recommends denial of the waiver request
Waiver Requests
Section 78-285,Table 4,brand name signage
Code does not specifically address brand name signage
Applicant is proposing 3 brand name signs for specific products
sold,i.e.“Tracker”,located on the east,west and north elevations
Staff recommends denial of the waiver request
Section 78-285,Table 4,directional signage
Code permits directional signage face area of 16 s.f.and one per
building
Applicant is proposing 2 directional signs larger than 16 s.f.and a
total of 5 directional signs
Staff recommends approval on the basis that the directional signs
provide public benefit for patrons of the Sandtree Professional
office development to navigate the new access drive and
discontinue use of the Sandtree Residential development as an
access route
Waiver Requests
Section 78-285,Table 4,Monument signs,location
Required to be 50 feet away from adjacent residentially zoned
property
Applicant is proposing the monument sign be located 10 feet away
from the Sandtree Residential development property line
Staff recommends approval of the request on the basis that the
monument sign is beneficial for the public to identify the location of
the retailer and due to the irregular shape of the lot,the monument
sign is located the farthest from the property line as feasible.
Section 78-427,Timing of the Plat approval
Required prior to issuance of building permit
Applicant is proposing a 60 day grace period to finalize the plat
Staff recommends approval on the basis that the intent of the
timing requirement is to ensure platting is performed.The applicant
has demonstrated that they will plat the property,and require a
grace period to keep their construction schedule.
Conditions of Approval
Staff recommended several conditions of approval that must be met
prior to scheduling for City Council hearing
The applicant has satisfied the Forestry conditions after the date
of the staff report
The applicant has worked with staff to resolve several Engineering
and SUA conditions
Staff must add a condition if the waiver for the timing of the plat is
approved,to state that 60 days after the issuance of the first building
permit,the plat must be approved.
Staff Recommendation
Staff recommends approval of the rezoning and PUD petition,
approval of 4 waivers and denial of 4 waivers
Staff recommends addition of 1 condition, regarding the timing of
the plat
Planning, Zoning, and Appeals Board
LDRA-07-05-000015
September 11, 2007
Amending Chart of Permitted Uses
To allow ancillary, boat, watercraft and all-terrain vehicle sales as
a major conditional use in CG-1
Text amendment to allow ATV and boat sales as a major
conditional use in CG-1
The text amendment is a companion to the Gander Mountain
PUD and is applicant initiated
All sales, displays and storage is required to be completely
enclosed and shall not be clearly visible from the exterior of the
building
The maximum floor area designated for accessory sales of
boats, watercraft and ATVs shall not exceed 25% of the gross
floor area of the tenant space
No repair or warranty service is permitted
The use is prohibited on all properties within 100 feet of PGA
Boulevard
On June 26, 2007, the Planning, Zoning and Appeals Board
reviewed the subject petition at a public workshop.
Summary
Staff supports the applicant’s justification and analysis for the
text amendment
Staff recommends approval of the LDRA
Staff recommendation
PLANNING, ZONING AND APPEALS
BOARD PUBLIC HEARING
SEPTEMBER 11, 2007
GANDER MOUNTAINProject Team
Oppidan Investment Co.
Joe Ryan
Jay Moore
Architects
Ryan Companies
Kenneth Carlson Architects, AIA
Keshevarz & Associates Inc Consulting Engineers
Cotleur & Hearing Inc Land Planners, Landscape Architects & Environmental Consultants
The project site is located
south of North Lake Blvd
east of Interstate 95.The
site is south of Home
Depot and east of
Sandtree Drive.
GANDER MOUNTAINLOCATION
In December of 2005 the previous land owner sought approvals to
amend the land use from commercial to residential to facilitate work
force housing
HISTORICAL BACKGROUND
HISTORICAL BACKGROUND
The workforce housing proposal was strongly
opposed by the Sandtree Community.
The Land Use change to residential was opposed by
the City’s EDAB and Growth Management Department
Oppidan Investment Company Purchased the site in
May to develop & operate a Gander Mountain Retail
Store.
The PZAB responded favorable to the project at the
June 26, 2007 Workshop.
The applicant has continued to work with the
Growth Management Staff, Sandtree Residents and
the Sandtree offices.
GANDER MOUNTAINProject Information
Gander Mountain is a high end retail
store specializing in hunting, fishing,
boating, apparel, and camping
supplies.
Similar stores include Bass Pro Shop
and Cabela’s.
Gander Mountain has 108 stores
including 2 new stores in Lake Mary
and St Augustine Fl.
Their tag line is “We live outdoors”.
“We live Outdoors”
“We live Outdoors”
GANDER MOUNTAINProject Information
SITE AREA 13.18 ACRES
LAND USE:COMMERCIAL
ZONING: CG1
USE: RETAIL
SIZE: 120,000 SF
OPEN SPACE: 38%
“We live Outdoors”
GANDER MOUNTAINProject Information
“CG 1 ZONING DISTRICT”
GANDER MOUNTAINRequests
PLANNED UNIT DEVELOPMENT APPROVAL
FOR RETAIL STORE IN CG1 DISTRICT
CONDITIONAL USE APPROVAL TO PROVIDE
FOR THE ANCILLARY SALES OF SMALL
WATERCRAFT AND ALL TERRAIN VEHICLES
(ATV’S)
GANDER MOUNTAINORIGINAL SITE PLAN
GANDER MOUNTAINPROPOSED SITE PLAN
GANDER MOUNTAINSITE PLAN
“We live Outdoors”
GANDER MOUNTAINSITE PLAN
GANDER MOUNTAINSANDTREE COMMITMENTS
1.CONSTRUCT BUFFER WALL
PRIOR TO FIRST BUILDING
PERMIT.
2.INCREASE WALL HEIGHT FROM 6’
TO 8’.
3.WALL LOCATION 5-25’ SET BACK
4.IMPLEMENT WILDLIFE
MANAGEMENT PLAN
5.COMMUNITY SIGNAGE AT ENTRY
6.RIGHT TURN LANE AT ENTRY.
7.EFFECTUATED THE CLOSING OF
SANDTREE DRIVE
GANDER MOUNTAINENCROACHMENTS
THERE ARE THREE (3) RESIDENTIAL PATIO & FENCE
ENCROACHMENTS FROM SANDTREE ONTO THE SUBJECT
PROPERTY. THE APPLICANT HAS AGREED TO ABSORB THE COST
TO RELOCATE BOTH THE IMPROVEMENTS AND UTILITIES.
SANDTREE OFFICE BUILDING
ORDINANCE 19, 1984
CONDITION 5
GANDER MOUNTAINSANDTREE COMMITMENTS
Improvements
“Architecture”
North
“Architecture”
South
“USGBC -LEEDS
CERTIFIED ”
“We live Outdoors”
“We live Outdoors”
GANDER MOUNTAINWAIVER REQUESTS
1.INTERSECTIONS:
REQUESTING APPROVAL
TO ALLOW A 28’ OFFSET
CENTER LINE
THIS IS AN EXISTING CONDITION NOT
CREATED BY THE APPLICANT AND IS
MITIGATED BY PROPOSED
IMPROVEMENTS AND THE
DIRECTIONALITY OF THE TURNING
MOVEMENTS.
1
GANDER MOUNTAINWAIVER REQUESTS
2.BUILDING IDENTIFICATION
WALL SIGNS
CODE PROVIDES FOR 1 –STAFF SUPPORTS
2. APPLICANT IS REQUESTING 4. WE
BELIEVE THIS REQUEST IS JUSTIFIED DUE
TO THE DISADVANTAGED NATURE OF THIS
SITE
2
3
3.SIZE OF WALL SIGNS
CODE PROVIDES FOR 36” LETTERS AND A
MAX OF 90 SF. APPLICANT REQUESTS 72”
LETTERS . 135SF AND 240 SF
RESPECTIVELY’
“We live Outdoors”
“We live Outdoors”
3% = 255 SF
“We live Outdoors”
3’
4’
5’
6’
“TAG LINE SIGNS”
“TRACKER SIGNS”
GANDER MOUNTAIN
CODE
PROVIDES 1
PER BUILDING.
THE SANDTREE
OFFICE IS
REQUESTING
UP TO 5
6
GANDER MOUNTAINWAIVER REQUESTS
7.SEPARATION OF SIGN
TO RESIDENTIAL
PROPERTY (40’)
CODE REQUIRES 50’ SEPARATION
FROM RESIDENTIALLY ZONED
PROPERTY. DUE TO THE UNIQUE
CONFIGURATION OF THE PROPERTY
ONLY 10’ CAN BE PROVIDED.
7
“We live Outdoors”
LDRA-07-05-000015
•CODE AMENDMENT TO SECTION 78-
159, TABLE 21 AMENDING THE
CHART OF PERMITTED USES ,
TOGETHER WITH NOTE 13-TO ALLOW FOR
SMALL WATERCRAFT AND ATV SALES AS AN
ANCILLARY USE.
GANDER MOUNTAINZTARequest
•REQUEST TO ALLOW ANCILLARY RETAIL SALES OF
SMALL WATERCRAFT AND ATV’S INDOORS WITHIN
THE CG1 DISTRICT.
•MAJOR CONDITIONAL USE APPROVAL REQUIRED BY
PZAB AND COUNCIL.
•BOAT & ATV SALES LIMITED TO INDOOR DISPLAY.
•ANCILLARY SALES SHALL BE LIMITED TO A
MAXIMUM OF 25% OF GROSS FLOOR AREA.
•REPAIRS & MAINTENANCE OTHER THAN PREP WORK
WILL REMAIN PROHIBITED.
THIS REQUEST WILL NOT ESTABLISH AN UNCONTROLLED PRECEDENCE
AS SUCH USE WAS PREVIOUSLY APPROVED CURRENTLY EXISTS AS A
PART OF THE SOVEREL HARBOR PUD.
GANDER MOUNTAINZTARequest
GANDER MOUNTAINZTARequest
FLOOR PLAN
On behalf of Oppidan Investment
Company and Gander Mountain we
thank you for your time and are
happy to answer any questions you
me have
GANDER MOUNTAINCONCLUSION
Public Hearing &
Recommendation to City Council
Seasons 52
Petition PUDA-07-05-000006
Planning, Zoning, and Appeals Board
September 11, 2007
Site Plan
Recent Background Overview
•Ordinance 20,2005 approved rezoning of the
PUD Overlay from underlying zoning district of
PO to CG-1
•Resolution 88,2005 permitted minor site plan
modifications,architectural &color changes,
11,850 s.f.restaurant with 2,890 s.f.of
outdoor dining at 25 tables,wall and
monument signage,and a 6,320 s.f.art gallery
on the 2nd floor
Code
Section
Required/
Allowed
Previously
Approved:
Section 78-285 -
Table 24 Signage
1 Bldg. I.D. sign
not to exceed 36”
high
2 Bldg. I.D.
East -59” high
West –48” high
Above 2nd floor
line
Section 78-313(b)Landscape island
every 9 spaces
3 locations where
landscape islands
are more than 9
spaces apart
Section 78-344
Off-street parking
100’ stacking
distance at site
ingress/egress
To reduce
stacking distance
at entrance to 40’
Waivers Previously Approved -To Remain in Effect
Requests 1 -3
•Convert 6,320 s.f. art gallery to professional office use
•Transfer 168 s.f. of restaurant use (elevators) to
professional office use
•Eliminate 469 s.f. of non-usable restaurant space
(enclosed dumpster area)
Note: Staff has no objections to these three requests.
Request No. 4
•Eliminate Condition 13 of Resolution 88, 2005: -
-prohibits outside entertainment, music, or loud
speakers; &
-requires doors & windows to be closed when
such activities occur indoors.
NOTE:
–Condition has been in effect since original approval
of restaurant in 1995.
–Adjacent residents have previously expressed
concerns regarding possible noise from the outdoor
dining area.
–Staff does not support this request.
Staff Recommendation:
•Previously approved waivers and applicable
conditions, as amended, shall remain in effect,
including Condition 13 of Resolution 88, 2005.
•One new condition:
1.No medical, dental, or veterinary uses shall
be allowed within the professional office
space, unless a revised traffic concurrency
and parking analysis are approved.