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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 Iw-Vg (per Oyol-vumme o -ProV[J e a WUc- UfC MR OA qCK4XVlt 12 VO R-660t-on ph2 V, Ip signoge at fyovut of oeighborhoool --AaatLv,.q covitntuvat- as apr-Vatc cls,weU 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-, I avw -ook,--oq forwp0 to the beakt-f'[ V-,Cw ddvdopwewt. it WUL be a pLepsvwe hov- a "dqhboy that onres avd respect-<- th6r n6c .)kbors. 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 1 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 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 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 0 0 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: 31 Debbie Andrea, Public Information Coordinator, called the roll. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 19 20 21 22 23 . ;: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 0 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. 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 City of Palm Beach Gardens Regular Planning, Zoning, and Appeals Board Meeting, 8/14/07 0 0 0 0 0 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. 3 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;; 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 0 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. 0 0 0 c I I P /--- I I , I' . 1 . .. . .. - . . . . . ' , C.'. , . . .. . . . , ,I-- / / n ,/ 5 I I I I I 1 I , , I . -. L1', -* .... " .. 1...1...1 ....... . , >' i -, I i' L .... .L. ........ <.- ..... i .., , I i i I/ I 1 i 1: L 3-- c= m .. j/ i s rt I i I I I i I I I I I I I I I I I I I I I I I I I i I I i I I i I !I h c, ,> i? “ In 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 3 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: 4 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 5 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. C \Documents and Settings\jholloman\Local Sellings\Tempoiary Internet Files\Conlent Oullook\44VOA9SE\0504 1 O_PUDA-Jusllhcation Stalemen! (2) doc 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 Click Here B Upgrade Expanded Features Unlimited Pages I+ ‘v PDF i Comelete . -1 1- i L 0 CAT I 0 N I MAP U CONSUl.XING CIVIL ENGINEERS, SURVEYORS & Ml’l’ERS CIVIL TRANSPORTATION SURVEY & MAPPING GIS “Partners For Results Value By Design” 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a 21 25 26 27 28 29 30 31 32 33 34 35 36 31 38 39 40 41 42 43 44 45 046 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: 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3 i i 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 1 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: 28 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) 32 33 34 35 36 37 38 Florida. (Citv Enqineer) 39 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 5 .I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 :: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 9 Date Prepared: June 2,2005 Resolution 88,2005 As Amended by Council: July 7,2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 2s 26 27 28 29 30 31 32 33 34 3s 36 37 38 39 40 41 42 43 44 4s .. 237% .. .. 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 in 3447 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. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 12 e: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . ;; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 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 0: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0:: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 :: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 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: 3 4 5 6 and final reading. 7 PASSED AND ADOPTED this&i’r day of Toq ,2005, upon second 9 CITYOFPAL 8 10 11 BY: 12 13 14 15 16 17 18 19 20 21 HhI R. VaJeche, Councilmember 22 26 27 ATTEST: 31 32 33 34 35 LEGAL SUFFICIENCY Patricia Snider, CMC, city Clerk APPROVED AS TO FORM AND FOR / 38 BY: ( OJ ./I- /& 39 CFistine P. Tatum, City Attorney 40 41 42 43 44 45 AGAINST ABSENT d 46 \\Pbgshle\AHomeybttorney-share\ORDINANCES~easons 52 restaurant-ord 20 2005-as amended after tsl rdng 7-7-05-final.doc 4 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 1 0’3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 e: 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 38 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 1 .’ 3 4 5 6 7 8 9 IO 11 12 13 14 d: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. 2 1 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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION 3. Codification of this Ordinance is hereby authorized and directed. SECTION 4. This Ordinance shall become effective immediately upon adoption. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3 Date Prepared: August 16, 2007 Ordinance 24, 2007 1 0: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 10 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. 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CONFIII.TINC ENCINEFRS SURMYORS 71 1 North Dixie Highway, Sulte 201 Wesl Palm Beach, Florida 33401 Tel 156116R9R600 Fax 1561j6H97476 IB4847 I RrVlllON, “lUIlXI .- 11w1 CIL INTERSTATE 05 ,300' RIGHT Of WAY) - SHEETS 8 & 11 . . . . . . . . . . . . '<' :o; M +I m .. ........... ....... ....... .+ ........... L-- ? t ---- y-., ........................................................................ -- J 4 / c5w(-ym 1- b; -- I , I [ IT -I - I I ,, P/ 1: I 8 f 5 Keshavarz & Associates, Inc CONSULTING ENGINEERS - SURVEYORS 71 1 North DMe Highway, Suite 201 West Palm Beach, Florida 33401 Tel 6611 6848600 Fax: (5611 689.747fi LB 4897 RlVlSlON ~REM11115 EAST RIGHT OF WAY LINE - INTERSTATt N01'54'13"E 962 06 (DEED) 961 25' ( k I 5 WEY) 1 m E -- A \TCHL/NE B-B SEE 74 h Keshavarz 81 Associates, Inc CONFULTINC FNGINFERS . SURMYORS 71 1 North Dixie Highway, Suite 201 West Palm Beach, Florida 33401 TCI ~~fii)fi~g-nm F~X: (sfi1)68+747fi LB 4897 T-% RtVlllON, RtNARXI I BY DITC ~~ ~~ I 4 + + + I N P -4- D \ 3.21.P ZON \ 3\ I 'Y I I I [' t I I I I3 I !I I 6 D 0 'c i h GANDER MOUNTAIN -_-.I-- PLOT DATE' Scp 04, IL WF' I:llpn BY' piawlon ORAWINC' V:\IOOS\OS-OJ. .."der ~untllin\d~\OlOlS-CO?-O')-GRPO dw LAYOUT: I i *. X 'K L d w'* EAST RIGHT of WAY LINE - INTERSTATE '.., N01'54'13'E 962 06' (OEED) 961.?2 (5 VEY) u _- I I 4TCHLINE 8-8 SEE SHEET 9 in 3 c s R h WNO Y) 0 7 GRADING, PAVING and fL ml§DmPNAm DRAINAGE PLAN ' * GANDER MOUNTAIN DESIGNED Rw I CHECKED qS u;s: 'A Palm Beach Gardens, Florida A I CAD I APPROVED c?K A CONSULTING ENGINEERS . SURVEYORS 71 1 North Dixie Highway, Suite 201 0 \ a I II f K- GRADING, PAVING and LA BVIsm PEP §KM5l< DRAINAGE PLAN 0701 GANDER MOUNTAIN 3Wf. DESICNEO I CHECKfD ~ ~v,smPEPp~~ ,Palm Beach Gardens, Floridax:% f?',%q j CAD &UFW ~APPROVLD nu A - L I A. €i 1 j I I A pi P Sb Y F 9 k A --- --=-a A. E I YI I I I z U fA II e rg 1 eshavarz & Associates, Inc. CONSIJLTING ENGINEERS . SIJRVEYORS 71 1 North Dixie Highway, Suitc 201 West Palm Beach, Florida 33401 Tel: 661) fiR9-RW Fax: l561)6847476 LB 4897 I EKECLEAR 0 c WEIT EAST RIGHT OF WAY LINE - I N01'54'13"E 962 06 (DEED) 6 I I! I' a T WN" 0 WATER DISTRIBUTION and I' CI" GANDER MOUNTAIN WASTEWATER pw . --- A EVIsFDWsE~c061 '0: EVISD E2 PIW w DESIGNED I CHECKED CAD I APPROVfD .r\K A ' ' "I Palm Beach Gardens, Florida d!ti:E f!?'.?&? 1 STATE 95 25' (SURVEY) eshavarz & Associates, Inc. CONSULTING ENGINE -+- + -..-.#I; I---+- - -+ lli I i ,g I I i n I i; -. 0 )r) 0 u a < r c ---I- -Nu 0 2- WATER DISTRIBUTION and GANDER WASTEWATER PLAN dXWe lo9 4Hwg -l-_lll___l-___ A mlw FER ZElCDi A mlsmwP*yi DESIGNED CHECKED *Palm Beach Gardens, FloridaA,D,*::; CAD ?'.%-A APPROVED Keshavarz & Associates, Inc. CONSULTING ENGINEERS . SURVEYORS 711 North Dixie Highway, Suite 201 West Palm Beach, Florida 33401 Tel: 15611689.8wU Fu: 1561~6697476 LB4897 UY DATF UEVlSlON / REMARKS 6 hlhDl wnii oto oto 40. 2%' ' 411 I d e r 1 e e I II \ n w w OK PAVEMENT MARKINGS A WlSD W PW iC AND SIGNAGE PLAN 7 GANDER MOUNTAIN 101 OESICNEO UW CHECKED APPROVED A ' :Palm Beach Gardens, Florida ;::itE ??'.w&? I CAD JWRW I 0 PLOT DATE Sep 04. 2 HE. 1 39pn BY pldw~on DRAWING Y: \2001\01-0.. .dndcr Mmtd io\drm\OlD3l-CIJ-OFFS. d*ul LAYOUT 1 I 0 T 2 iz' f 1 L J !' I (/r P z 0 i a m m D ;o s ---- ..... ..... .... icv II I I I I 1 I I I 1 I I I 1 I I i I 1 I I I i I I I I ! ! G I I; I li :i I 1 !i 9 1 .... ... I f moa OFFSITE GANDER MOUNTAIN ROADWAY PLAN +yp 101 u 0' w .$ ................................................................................................ ......... - ....................................................................... ',Palm Beach Cardens, Floridair"c"l:, ~.?/~41047] FIjW H/SW 'CHECKED I APPROVED M'4 CONSULTlNG ENGINEERS . SURVEYORS 71 1 North Dixie Highway, Suile 201 5 1-1/4. - -kid I lW6' H L a 8[ 1 "D c Til- - 5 T 0 T GRADING, PAVING AND TZ AylsDFFppww DRAINAGE DETAIIS ' 8 GANDER MOUNTAIN 701 h 0' w 8 ~ ..................................... .................................... . . . . .. .. .......... . .. " ........... . . ..... .. . ........ .. DESIGNED qW [CHECKED ',Palm Beach Gardens, FloridaA:,i:E ??:o=(m I 3H/Rw {APPROVED HK A West Palm Beach, I I A Tel (Sfill6848600 Fax: (561)684747fi 1.B489i a ‘0 Bo Pald For Under Th. Ctmtmot Unlt Prlos For nlols. YQlhOIoa Or Justlon Boror. EA. e PLOT DATE. Scp 04. I1 IE I 44pm BY plawion ORAWIffi' Y.\ZO05\05-0~. .>der ~untrro\d~\OIOJl-CII-II-CPD-DTLS.~ LAVOUT 16 ?:e 9":: L 0 m !#J 0 L- N e Fi- Cf-l f I D h --?- io - - - 1 - - - - - - BD Q T OT GRADING, PAVING AND T.. GANDER MOUNTAIN DRAINAGE DETAIM Irmyg do!! 71 I North Dixie Highway, Suite 201 West Palm Beach, Florida PLOT DATE. Srp 04. 2, ,ME. I 41pm BY pldwron ORIWINC: Y: \2001\05-0,. .under Houotn~n\hg\OlOl1-C14-~7-CPD-D7LS,d~ LAYDUT I7 i . 1 I r f I D D w T dZW0 0;s 4 if w 5 g 8 GANDER MOUNTAIN DRAINAGE DETW .-_..-I___---. ............. I.." ...... ~ ................................. ~-~ ..... __ r DESIGNED CHECUED qS I APPROVED L.\K cn ',Palm Beach Gardens, Floridad!,i:E %?'m I CAD PE"I5ION, RLMlRK5 B" OA7t P s wn07 Keshavarz & Associates, Inc. CONSULTING ENGINEERS . SURVEYORS 71 1 North Dixie Highway, Suite 201 West Palm Beach, Florida 33401 "- Tel 1561) 6RSR600 Tax. (5611 689-7476 1.6 4897 P s 1 a i 0 I I I i I i I :\ 1 4 t P - - NO ,011 WATER DISTRIBUTION and GANDER WASTEWATER DETAILS dgyg ~- NO+/ DESIGNED q~ [CHECKED e )dwo? ',Palm Beach-Gardens, Floridai~~~~E TT.,. QI[cnD JH/Rw I APPROVED II A Keshavarz 81 Associates, Inc 18" [DATE RtVIOON, REMARKS - CONSULTING ENGINEERS . SURVEYORS 71 1 North Dixie Highway, Suile 201 West Palm Beach, Florida 33401 Tel. (s61)689-8h00 Fax (561) fi89-7476 1.B 4R9i c 8 3. - T ~~ 'lo d2WS 03 WATER DISTRIBUTION and 3 O 9 GANDER MoUNTAIN w *..I .-.. I_ .I._ ~ .I__... ....... I .......... ~ ~ ....... ~ I_....._........_ " . , . .... ,. wf WASTEWATER DETAILS DESlCNED qW [CHECKED P+ ,Palm Beach Gardens, Florida ?<.?/m! CAD [APPROVED C?K I I P Keshavarz & Associates, Inc CONSULTING ENGINEERS . SURVEYORS 71 I North Dixie Highway, Suite 201 Tel: (5611 689.8600 Fax: 1561) 689.7476 1.B 4897 +b West Palm Beach. Florida 33401 REVIIION / REMARIS 0V DATE PLOT DATE. Srp 04, L NE: 1 Slpm BY ~Idwson ORAWING Y.\2005\0S-u. .dndcr ~unt~rn\dw\O~O3S-C~~-~~-~n-O~LS dw LAYOUT C20 1 e /li - - NO 03 WATER DISTRIBUTION and ! 8 GANDER MOUNTAIN WASTEWATER DETAILS 3 f w 5 ...._....._.."._.."I "" ._.__._.. "._..I ... ." ,,.... ..,,.... ...,,... """ ..,.. ~ 1."""'" . . . .. .. DESIGNED Rw TCHECKEO ',Palm Beach Gardens, ?<.z" I 3H/Rw [APPROVED A Keshavarz & Associates, Inc RL",S,ON, RLMIII<S CONSULTING ENGINEERS . SURVEYORS 71 1 North Dixie Highway, Suile 201 West Palm Beach, Florida 33401 TCI: isfit) 6n9-nfion Fax: (SKI) 689.7476, 1.8 4897 rl CIL INTERSTATE 93 1100 RIGHT OF3 - __ - - I I I I x: 4: $: I I g! $ q 1: P E 2 \ w N- e e 0 0 9 i ? h West Palm Beach, 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e:: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 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: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 II 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 I 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. *t* 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 40 41 42 BY: ., 43 rhristine P. Tatum, City Attorney 44 45 FOR / / J AGAINST ABSENT J 47 G:bttorney-share\ORDINANCES\pga blvd corr overlay use regulations - ord 18 2004-as amended at second reading.doc i a46 4 Date Prepared: June 7,2006 As Amended at First Reading: September 6,2006 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 5 6 7 8 (c) 9 10 (1) 11 12 13 14 15 16 17 18 19 20 21 22 e: 25 26 27 28 29 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 30 (2) * * * 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. * * * 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (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; 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 3 4 5 6 PASSED this day of sW186tf2006, upon first reading. 7 a 9 and final reading. 10 PASSED AND ADOPTED this e day of @rcrclw, 2006, upon second I1 12 13 14 15 16 17 FOR / c/ AGAINST 18 19 21 20 1 22 / a: 4 25 26 27 . 28 29 ATTEST: 30 31 32 BY: ,e-!?&???? 33 Patricia Snider, CMC, Clerk 34 35 36 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 38 39 BY: 40 Chxtine P. Tatum, City Attorney 41 42 43 44 ABSENT h 45 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 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 d! 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (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. 3 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. 21 22 *Minor Conditional Use approval required. 23 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. 29 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. 42 43 3. The following uses are prohibited: 44 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 • 28 29 SECTION 3. Codification of this Ordinance is hereby authorized and directed. 30 31 SECTION 4. This Ordinance shall become effective immediately upon adoption. 32 33 34 (The remainder of this page left intentionally blank) 35 36 37 38 39 40 41 42 43 44 45 406 4 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. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Hal R. Valeche, Councilmember 20 21 22 Jody Barnett, Councilmember 23 414 ATTEST: 5 26 27 BY: 28 Patricia Snider, CMC, City Clerk 29 30 APPROVED AS TO FORM AND 31 LEGAL SUFFICIENCY 32 33 34 BY: 35 Christine P. Tatum, City Attorney 36 37 38 39 40 41 42 43 44 45 •46 G:\attorney_share\ORDINANCES1pga blvd corridor overlay-ord 29 2007.doc 5 Seasons 52 • CIaep L A • • " 717F - *, -- • LAJ Planning, Zoning & Appeals Board September 11, 2007 C121m1 °RILL Colleur I learing I II,IYOT I teo .'4- 1,11:0011-111a2tid 7,) 1110[10D ' i I i,If' 4711 :i 0 r I. 1 1 ,i,�paus 0 anr,0 r : ¢rn4 [; F I � T .: Z Alen nod 1/ ��_ �1�]�c km •_ '� \ Vii Ai -4 ' ... j ,{• Or- r p rte, ,- .. 4..- .j- ' ` `I y . Mta ; , A o- .i•n[`'� ue�'aJJoO anp,q'Aav�,alaM Ey Oti` :t ' 't• II i � ,� _ ' � tit � k+ j ■ .. i i ir , In 6 - 10 :1 411. augici,ajeA' - pt . .� 10. 1 1.11 7 �. J! ,.- Y _oil. r; `�T: �, qdem,aleN ti h • r rsci ' I ZS SUOSe.S HISTORICAL BACKGROUND o"1986: Annexation & Bridge Center approval r 1995 : 1st Restaurant approval 01998: Hibiscus Restaurant approval 2000: Fathoms Restaurant & Art Gallery approval •2005: Seasons 52 Restaurant & Art _ J Gallery approval t • ■RllNI ORt44 Co leer & FF !caring ■ PETITION REQUES �•.` ` _ err 1. Art Gallery use to Professional Office use on 2nd floor ➢ New Ownership - Seasons 52 recently purchased building . Daytime office use will work well with the Seasons concept. 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 ■FlllNl ORt44 Coilettr & hearing Seasons sa PrDjt SITE AREA: 2.9 ACRES LAND USE: COMMERCIAL r°` 1 f J f2- ZONING: PUD (CG1) • • • USE: RESTAURANT & OFFICE R : _. �- SIZE: 20,591 SF . A sue + s -=.• ` . Office 6,488 SF _ G- Restaurant 11,213 SF '' 3 Outdoor Rest. 2,890 SF r PARKING: 173 SPACES • FRCI3.,1OrriLL Cotletxr !leafing Seasons5 ..... _ - .J 1 r rJy .� Jr � :fir , , : • • • , , 1.0141104... I rr • 4. R;,, _ a ' 0 c : 5i.ok. ,,i L--ii lip ,._ - os. , ,I 4111° 2 v. yr' n " .Aill,/114 111115 kl aie g 2 ® mot .r 0 140 way i l HL :}K GRILL N O CHANGES " Cotletxr Y lcitril lg in 1,0D 0 INso 12 •;s; • uoileaapisum pue noA oj noA ueq aM uaeal 1eu0 ! 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'Y a a. ro � ¢ i • . :s: Fyn ,,,4-#1.7 pie.. , ..“.04 AIV-I We ;ti•A• 's .1I e — 4 LI* r 71 �{}1 r: ti f 'i�r�31i •33i�i9fi}*•�?ji'i } n ♦..�s �J rr�• 5f,f rr t•le 1t 1111 Pt!♦ rvt'♦� � 1116 f, ,,.,+7r }�in!r.. ? . ;,,, 4A�r3�tp (0.04.4.0. •vf��/.A �i•6..,'' �tt4.ltt,ttto 1/.t.! ,4). �" �j��� ► .�.� * w." 1:♦I;I OC s7Y 7/9t4 3 ,,,,,4:4.• ra.t0eR t . � 4 • vZ • yt*b04.44r `. .:4,_ ,,,,� -t+ < f1 O sr'y ; �Y< � : ! ,q j •f ro _ tt��. C,, C 4c � � i C -- ; t 0. */ r"rj L G C r r C s }r�[�jcrq}rCC•�rats Sr�c f1 G .4 i s " r l r f 9 t o { f (F'`•C ' . �� � a rr erf�r�r reir r, � c ��� '1-,Y!r'rrGrr [ �,rr!C(Cc� � 1���������t�� Ilk vie. trazi..4,11thill blic Participation o RAB "Walk About" ▪ Saturday Morning Meet & Greet w/Public ▪ RAB Meeting: Public Input Session o RAB Agenda Item: Several Meetin s ▪ DRC Meeting o Grant Funding Workshops o Public Workshop with PZAB Tonight Local Neighborhood Parkii Parking Vita Course Stations HS Soccer!Football aitle Exiwaln^g k — .. Jogging trail •Existing It Lake u ....--- - 0" ,, . .... .-,,, Disc Golf i L. Group Picnic Shelter - - - Dog Park illi Group Picnic Shelters i I Picnic S-1 [ers • Ott .fit Parking feting SoftbelE ''I X 1 Bocce Court ` "" j Group Picnic Shelters -,. ..[ ._ ,..A-t.-L.L` Dugout ,. - Reatroorne �- � IIIND Drop Of L.1/4.-- ' a. -_110 1 . . 41r,',4,-•;*.414* 000 �v • i • • ril 1 I• Pav€lion l E., ,.,„,, , . . ... keg ... . . . _ . 1 . 1 1 Retention Pont Parking ELakeg • i� 4k �; - - HS Soccer! Football m ' Hiatt P a PARK •rive m €j _ ENTRANCE F v HS Soccer/ Football Northlake Blvd. PGA National Park Conceptual Master Plan - conceptc 5° 2O T 00 City of Palm Beach Gardens, Florida SCALE:1"=50' N Picnic Pavilions Boundless Playground Parking Parking Total Spaces 282 Existing Spaces 72 Local Neighborhood Vita Course Stations Parking Group Picnic Pavilions Total New Spaces 210 Existing Lake xn \ w . Disc Golf Group Picnic Pavilions •. �` _ • Parking ♦ .:T.i7-11n1 i Existing Softball 1 I , . • Parking- 7 7 7,. ,I - *Li .0,- I 2 l Youth Basketball• 1 L.L.L.L.L. L.`c (�..L.L.L.�.. . t►. _ ,Courts , 1/4- lib 14 i 1/4-1/4_LL.L.L-L-` L_ \._....L.L.L,L- 4,410 ' Restrooms/ Concessions , E Retention Pond Existing Softb Parking for ,_ y,_10Maintenance Building , kik `a 4 Ai. Hiatt rive tA,♦a, N./ t140 PARK ENTRANCE , Etobbno • HS Soccer/ `eke Football Fields Northlake Blvd. • • roved Conce • tual Master PI l PGA National Park Conceptual Master Plan City of Palm Beach Gardens, Florida SCALE 1 =56 N ' •.. ...'14:.% A"*$ 'V-‘ ' '' . ' A7i ' . ' .„.• r t,'4'•Iti. " . il-tr`-'.-. 4 . 0:, ; . . . ...,., .:.. - . .... ,,,31. , * 4 A - -,,,, .... 7 et .. -lr- App. "_... .. .. ,.•., ;ex - . . -• • 441;::, 1 4. : • , __ -±- 1111111111Ntr v.%i , 4. . , iv, Playground , ,IS. 4 "*; i hing Pier , %-yr • ., _ - '# _ y 'A . . --:%Air.- '. ',, --.-'' ' ''''' ' i f 11.. 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L,, , 0 i i ___________„,, ,,.‘ 3 , 1 ___,, . , . _... r. „.. z..__. , ,,, , 1 FR° i 110 ;� fool L...\.>±_____, I ._,_ ___,, ,,,, elii,,,,_ , _ . _. f ....„ Mg_gly L.) \�_ --- 140.11...E P1VI �_yl"=--. �COD,,,am„�YO rwh j PGA NATIONAL PARK SECTION IS, .111,..,n I1 CONCEPTUAL MASTER PLAN • TOWNSHIP 42S, RANGE 42E 1 1 1 l CITY OF PALM REACH GARDENS 1 PALM'REACH COUNTY.FLORIDA ,4-,,, 1 O b � p/ L ,. iir v..- _ � • � pr- r-.. .rqV NLM 8if0 ` .0• asaa_;� so ego I 1 I .: III . I''_ i as coo 4 '; ••zvroror.roI f moo P1 .V0 11010} ' raL t'l Ili __1713.'i 1 ... d 1. t V , ► • -- �v r M.rrses tfoII �►_ Piicri ,1--ig-2 -.2)) .11_ _I rrr � I = Iii= lir fl , ' '- - `pi +L3 ' ! ls� !I�relraTa ,„. .q� '► t o I 7 Ili 1 VA410 4 MI wl Pa _ _ g • ', e 4:10„. _:,:._ gr,,._. "I? 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'I - r \ ,.. . ...., .0 . 41 -1 , 1111.1P11.41.11111".77 . It IC N.. v . . . .1 1 . . i ...ir.: - 1 ' 1 . - 1 ' ...7 ..ri AP ., . t;44 me:rjit. Iii , f - 1 1 .. ..:. 1 .', Iteir _.. 01, Iiituf ,...- 1 : •., ,i .4.ti. i :-.-:.:1' 111': .7-' ...r.,,' 1. I 1 1111 ....4.,. .,., . , _ . . , . .„ .,....._ . „ _ .. As -•_RAI' . ,.. . : • '. .,.,. i' .,.- -. r r • ) . . ., . -_ 4 g-, .,-'- 7.), -'''"2- . -— , .4irrmjimigilitire -f ... --_ '' •••-: ' ..,, .1%-te-„, . ,..•. _ __ _ .. _ ... At- -...'?-71, _ fillit f II /I '" ii 4 .ifekr.--„ ..- . 1 ./ Copyright(02007 City of Palm Beach Gardens: FL" - a:a. . . . il,,,, -if ji li ''.1.%1 I --Ur-1,..../111110.1%Wiirt•-u... "" "-■'ti. ..s jp if! 0 AA . 4 I ' - •.4• ----,_ - 4 di 6. 47.--.. ,_ I ,-, 11 A 1611111161iMW '"'rte ; ►». • UP) MENEM 4� • UP) cy ,11r s: .y. ` • • - -- . /By Are 010.7 •M1 f iTir I ;II EQUIPMENT LIST FOR AREAS SHOWN [���/'��/�j�\}Plan Pole Luminaires `/\r/0�J QrY lOCgnON r2E •3791139 411218x4 _ rT4F2.___ a O�N�4 5018„ 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. 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LL1 0 0 , ,.. rit A ■ I 1111 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.